Robinson et al v. New York City Transit Authority et al
| Nathaniel Robinson and David Evans |
| Andy Byford, New York City Transit Authority and Fernando Ferrer |
| 1:2019cv01404 |
| February 13, 2019 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Analisa Torres |
| Civil Rights: Other |
| 42 U.S.C. § 1983 vp |
| None |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 38
NOTICE OF APPEARANCE by Marc Cohan on behalf of Nathaniel Robinson. (Cohan, Marc)
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Filing 37
INITIAL CASE MANAGEMENT ORDER: Joinder and Amendment. Plaintiffs may amend their complaint no later than May 13, 2019. Thereafter, the parties shall not amend their pleadings, or join additional parties, absent leave of the Court. By April 19, 2019, the parties shall either stipulate to withdrawal of plaintiffs' class certification motion (without prejudice to refiling near or after the close of fact discovery), or file a joint letter explaining why they have not been able to agree to do so. Written Discovery. The parties shall serve their initial requests for production of documents and any initial interrogatories (in compliance with Local Rule 33.3(a)) no later than May 28, 2019. Depositions and Additional Fact Discovery. All remaining fact discovery, including depositions, shall be completed no later than February 10, 2020. Close of Discovery. All discovery must be completed no later than May 1, 2010. Status Conference. Judge Moses will conduct a status conference on September 12, 2019, at 9:30 a.m. Trial. The parties have stated that the anticipated length of trial is 5 days. Plaintiffs have requested a jury trial, and as further set forth in this Order. SO ORDERED. (Amended Pleadings due by 5/13/2019. Deposition due by 5/1/2020. Fact Discovery due by 2/10/2020. Expert Discovery due by 3/11/2020. Discovery due by 5/1/2020. Status Conference set for 9/12/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/11/2019) (jca) Modified on 4/11/2019 (jca).
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Case Management Conference held on 4/11/2019. (Snell, Kevin)
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Filing 36
PRE-CONFERENCE STATEMENT . Document filed by David Evans, Nathaniel Robinson.(Pierce, Clay)
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Filing 35
NOTICE OF APPEARANCE by Ira Jonathan Lipton on behalf of Andy Byford, Fernando Ferrer, New York City Transit Authority. (Lipton, Ira)
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Filing 34
ANSWER to #2 Complaint. Document filed by Andy Byford, Fernando Ferrer, New York City Transit Authority.(Hechtkopf, Helene)
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Filing 33
ORDER: In light of the Honorable Barbara C. Moses's order scheduling an initial pretrial conference, ECF No. 32, the initial pretrial conference scheduled for April 18, 2019 before this Court is ADJOURNED sine die. (Signed by Judge Analisa Torres on 3/21/2019) (cf)
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Filing 32
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for 4/11/2019 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/21/2019) (cf)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Answer. SO ORDERED. Andy Byford answer due 4/2/2019; Fernando Ferrer answer due 4/2/2019; New York City Transit Authority answer due 4/2/2019. (Signed by Judge Analisa Torres on 3/19/2019) (mro)
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Filing 30
LETTER MOTION for Extension of Time to File Answer addressed to Judge Analisa Torres from Helene Hechtkopf dated March 18, 2019. Document filed by Andy Byford, Fernando Ferrer, New York City Transit Authority.(Hechtkopf, Helene)
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Filing 29
NOTICE OF APPEARANCE by Helene Rachel Hechtkopf on behalf of Andy Byford, Fernando Ferrer, New York City Transit Authority. (Hechtkopf, Helene)
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Filing 28
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions (particular motion at Dkt. No. 19), pursuant to 28 U.S.C. 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at http://nysd.uscourts.gov/judge/Moses; as further set forth herein. (Signed by Magistrate Judge Barbara C. Moses on 2/26/2019) (mro)
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Filing 27
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation, Particular Motion: ECF No. 19 and General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Analisa Torres on 2/26/2019) (ks)
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Filing 26
AFFIDAVIT of Service in Support re: #19 MOTION to Certify Class .. Document filed by David Evans, Nathaniel Robinson. (Attachments: #1 Acknowledgment of Service)(Pierce, Clay)
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Filing 25
AFFIDAVIT OF SERVICE of Summons and Complaint. Andy Byford served on 2/26/2019, answer due 3/19/2019; Fernando Ferrer served on 2/26/2019, answer due 3/19/2019; New York City Transit Authority served on 2/26/2019, answer due 3/19/2019. Service was accepted by Vanessa Richardson. Document filed by Nathaniel Robinson; David Evans. (Attachments: #1 Exhibit Acknowledgment of Service)(Pierce, Clay)
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Filing 24
DECLARATION of Nathaniel Robinson in Support re: #19 MOTION to Certify Class .. Document filed by David Evans, Nathaniel Robinson. (Attachments: #1 Exhibit A August 31, 2017 Status Letter, #2 Exhibit B November 6, 2017 Letter to TAB, #3 Exhibit C December 15, 2017 Status Letter, #4 Exhibit D First December 8, 2017 Letter from TAB, #5 Exhibit E Second December 8, 2017 Letter from TAB, #6 Exhibit F January 18, 2019 Status Letter)(Pierce, Clay)
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Filing 23
DECLARATION of David Evans in Support re: #19 MOTION to Certify Class .. Document filed by David Evans, Nathaniel Robinson. (Attachments: #1 Exhibit A November 17, 2016 Notices from TAB, #2 Exhibit B April 19, 2017 Status Letter, #3 Exhibit C August 17, 2017 Status Letter, #4 Exhibit D November 7, 2017 Letter to TAB, #5 Exhibit E December 15, 2017 Status Letter, #6 Exhibit F January 3, 2018 Letters from TAB, #7 Exhibit G February 21, 2018 Letters, #8 Exhibit H April 20, 2018 Status Letter, #9 Exhibit I January 18, 2019 Status Letter)(Pierce, Clay)
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Filing 22
DECLARATION of Raul Carrillo in Support re: #19 MOTION to Certify Class .. Document filed by David Evans, Nathaniel Robinson. (Attachments: #1 Exhibit A August 2016 Report by New York State of the Comptroller)(Pierce, Clay)
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Filing 21
MEMORANDUM OF LAW in Support re: #19 MOTION to Certify Class . . Document filed by David Evans, Nathaniel Robinson. (Pierce, Clay)
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Filing 20
LETTER addressed to Judge Analisa Torres from Clay J. Pierce dated February 21, 2019 re: Motion to Certify Class. Document filed by David Evans, Nathaniel Robinson.(Pierce, Clay)
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Filing 19
MOTION to Certify Class . Document filed by David Evans, Nathaniel Robinson. Responses due by 3/12/2019(Pierce, Clay)
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Filing 18
NOTICE OF APPEARANCE by Susan Soojin Shin on behalf of David Evans, Nathaniel Robinson. (Shin, Susan)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to New York City Transit Authority. (sj)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Fernando Ferrer. (sj)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Andy Byford. (sj)
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Filing 14
NOTICE OF APPEARANCE by Raul Armando Carrillo, III on behalf of Nathaniel Robinson. (Carrillo, Raul)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Andy Byford, re: #2 Complaint. Document filed by David Evans, Nathaniel Robinson. (Pierce, Clay)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Fernando Ferrer, re: #2 Complaint. Document filed by David Evans, Nathaniel Robinson. (Pierce, Clay)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to New York City Transit Authority, re: #2 Complaint. Document filed by David Evans, Nathaniel Robinson. (Pierce, Clay)
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Filing 10
CIVIL COVER SHEET filed. (Pierce, Clay)
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Filing 9
NOTICE OF APPEARANCE by Claudia Eleaza Wilner on behalf of Nathaniel Robinson. (Wilner, Claudia)
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Filing 8
NOTICE OF APPEARANCE by Claudia Eleaza Wilner on behalf of David Evans. (Wilner, Claudia)
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Filing 7
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 2/14/2019) (cf)
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Filing 6
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 4/18/2019 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/14/2019) (cf)
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Filing 5
NOTICE OF APPEARANCE by Katharine Deabler-Meadows on behalf of David Evans, Nathaniel Robinson. (Deabler-Meadows, Katharine)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Clay J. Pierce to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj)
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Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-16346453, paid on 2/13/2019. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Clay J. Pierce. The party information for the following party/parties has been modified: Nathaniel Robinson; David Evans; New York City Transit Authority; Fernando Ferrer; Andy Byford. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Clay J. Pierce. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983; the County code has been modified to Bronx. (sj)
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Case Designated ECF. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Clay J. Pierce to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each request must be its own separate docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj)
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Filing 4
NOTICE OF APPEARANCE by Andrew Lawrence Van Houter on behalf of David Evans, Nathaniel Robinson. (Van Houter, Andrew)
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Filing 3
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to New York City Transit Authority, Fernando Ferrer Acting Chairman of the New York City Transit Authority, Andy Byford President of the New York City Transit Authority, re: #2 Complaint. Document filed by David Evans, Nathaniel Robinson. (Pierce, Clay) Modified on 2/14/2019 (sj).
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Filing 2
COMPLAINT against Andy Byford, Fernando Ferrer, New York City Transit Authority. Document filed by Nathaniel Robinson, David Evans.(Pierce, Clay)
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Filing 1
FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Pierce, Clay) Modified on 2/14/2019 (sj).
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