Holmes v. City of New York et al
| Tyrone Holmes |
| Checkpoint Fluidic Systems International, Ltd., City of Kenner (Louisiana), Detective Rodrigo Caballero, Amazon.com, Inc., City of New York, CheckPoint Pumps and Systems, Apple, Inc., Officer Charles Donovan, New York Police Department, Rusty Mahony, FedEx Corporation, Sergeant Marlon Ming and Kenneth Meyer |
| 1:2019cv01628 |
| February 21, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Edgardo Ramos |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER granting #42 Motion for Permission for Electronic Case Filing; terminating #18 Motion for Permission for Electronic Case Filing: The application is granted. The Clerk of the Court is respectfully directed to terminate the motions, docs. 18 and 42. (Signed by Judge Edgardo Ramos on 4/18/2019) (jwh)
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Filing 47
ORDER granting #46 Letter Motion for Conference. This matter will be heard at the May 2 conference. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 46
LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Michael Goettig dated 4/16/2019. Document filed by Amazon.com, Inc..(Goettig, Michael)
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Filing 45
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amazon.com, Inc..(Goettig, Michael)
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Filing 44
MEMO ENDORSEMENT on re: #39 Letter, filed by Tyrone Holmes. ENDORSEMENT: The matter will be heard at the May 2 pre-motion conference. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/16/2019) (kv)
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Filing 43
LETTER from Tyrone Holmes dated 4/15/19 re: Plaintiff replies to the defendants', Checkpoint and Rusty Mahoney, letter(doc. 40) "opposing complaint amendment." Document filed by Tyrone Holmes.(sc)
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Filing 42
MOTION TO ALLOW ELECTRONIC FILING FOR PRO SE LITIGANT & PROPOSED ORDER; re: for Permission for Tyrone Holmes to participate in electronic case filing in this case. Document filed by Tyrone Holmes.(sc)
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Filing 41
LETTER addressed to Judge Edgardo Ramos from Hannah Y. Chanoine dated April 15, 2019 re: response to Mr. Holmes's letter dated April 10, 2019. Document filed by Apple, Inc..(Chanoine, Hannah)
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Filing 40
LETTER addressed to Judge Edgardo Ramos from Brian Graifman dated 04/12/2019 re: opposing complaint amendment (Holmes letter, ECF Doc. 39). Document filed by Checkpoint Fluidic Systems International, Ltd., Rusty Mahony(in his individual capacity), Rusty Mahony(in his official capacity as IT Manager for CheckPoint). (Attachments: #1 Exhibit 12/19/16 Letter of Holmes' counsel Jeffrey Garfin w its encls.)(Graifman, Brian)
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Filing 38
ORDER granting #33 Letter Motion for Leave to File Document. The matter will be heard at the pre-motion conference currently scheduled for May 2, 2019, at 10:15 a.m. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 36
MEMO ENDORSEMENT on re: #5 Letter, filed by Apple, Inc. ENDORSEMENT: After consultation with Judge Ramos, this Court agrees that the two matters are related, and has ordered the transfer of this case to Judge Ramos. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/11/2019) (mml) Transmission to Attorney Services/Help Desk.
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #37 Notice of Interlocutory Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #37 Notice of Interlocutory Appeal filed by Tyrone Holmes were transmitted to the U.S. Court of Appeals. (tp)
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Filing 39
LETTER from Tyrone Holmes dated 4/10/2019 re: This Court, on March 22, ordered the Plaintiff Tyrone Holmes, proceeding pro se, to respond to Defendant New York City ("NYC") "Letter in Anticipation of Defendant City of New York's Motion to Dismiss" (Doc. 22) by April 10. Document filed by Tyrone Holmes.(vn)
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Filing 37
NOTICE OF INTERLOCUTORY APPEAL from #36 Memo Endorsement. Document filed by Tyrone Holmes. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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Filing 35
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Tyrone Holmes consents to receive electronic service via the ECF system. Document filed by Tyrone Holmes.(vn)
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Filing 34
ORDER granting #29 Motion for Thomas W. Murrey, Jr to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk.
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Filing 33
LETTER MOTION for Leave to File Motion to Dismiss Complaint addressed to Judge Edgardo Ramos from Ernest E. Badway dated 4/10/2019. Document filed by City of Kenner (Louisiana), Charles Donovan(Kenner Police Department, in his individual capacity), Charles Donovan(Kenner Police Department, in his official capacity as Kenner Police Officer).(Badway, Ernest)
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Filing 32
ORDER granting #30 Letter Motion to Adjourn Conference. The April 17 pre-motion conference is adjourned to May 2, 2019, at 10:15 a.m. The city's, Apple's, and FedEx's applications will be heard at that time. The Clerk of the Court is respectfully directed to terminate the motions, docs. 28, 30 and 31. (Pre-Motion Conference set for 5/2/2019 at 10:15 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 31
LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Brian K. Coleman dated 04/05/2019. Document filed by FedEx Corporation.(Murrey, Thomas)
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Filing 30
LETTER MOTION to Adjourn Conference Request to Adjourn Pre-Motion Conference Presently Scheduled for April 17, 2019 addressed to Judge Edgardo Ramos from Zachary Kalmbach dated April 5, 2019. Document filed by City of New York.(Kalmbach, Zachary)
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Filing 29
MOTION for Thomas W. Murrey, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16616274. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FedEx Corporation. (Attachments: #1 Affidavit of Thomas W. Murrey, Jr., #2 Text of Proposed Order Order for Admission Pro Hac Vice)(Murrey, Thomas)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Thomas W. Murrey, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16616274. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 28
LETTER MOTION for Conference re Pre-Motion Conference for Defendant Apple Inc.'s Motion to Dismiss addressed to Judge Edgardo Ramos from Hannah Chanoine dated April 2, 2019. Document filed by Apple, Inc.. (Attachments: #1 Exhibit 1 - July 23, 2018 Opinion and Order in "Holmes I", #2 Exhibit 2 - Complaint in "Holmes I")(Chanoine, Hannah)
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Filing 27
ORDER granting #8 Motion for Deborah A. Villio to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 26
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Checkpoint Fluidic Systems International, Ltd..(Graifman, Brian)
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Filing 25
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FedEx Corporation for FedEx Corporation. Document filed by FedEx Corporation.(Coleman, Brian)
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Filing 24
NOTICE OF APPEARANCE by Brian K Coleman on behalf of FedEx Corporation. (Coleman, Brian)
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Filing 23
ORDER granting #22 Letter Motion for Conference. A pre-motion conference will be held on April 17, 2019, at 3:45 p.m. Plaintiff is directed to submit a written response not longer than 3 pages by Wednesday, April 10, 2019. (Pre-Motion Conference set for 4/17/2019 at 03:45 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) Copies of Notice of Electronic Filing Mailed By Chambers. (jar)
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Filing 22
LETTER MOTION for Conference Letter in Anticipation of Defendant City of New York's Motion to Dismiss addressed to Judge Edgardo Ramos from Zachary Kalmbach dated March 22, 2019. Document filed by City of New York.(Kalmbach, Zachary)
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Filing 21
ORDER re #20 Letter Motion for Extension of Time to Answer re #1 Complaint. CheckPoint's time to answer or otherwise respond to the Complaint is adjourned until April 26, 2019. CheckPoint's application is otherwise denied. If it wishes to make a motion, it should follow the Court's Individual Rules and/or Federal Rule of Civil Procedure 11, as the case may be. (Checkpoint Fluidic Systems International, Ltd. answer due 4/26/2019; Rusty Mahony (in his individual capacity) answer due 4/26/2019; Rusty Mahony(in his official capacity as IT Manager for CheckPoint) answer due 4/26/2019.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 20
LETTER MOTION for Extension of Time to File Answer & other relief addressed to Judge Edgardo Ramos from Brian D. Graifman dated 03/20/2019. Document filed by Checkpoint Fluidic Systems International, Ltd., Rusty Mahony(in his individual capacity), Rusty Mahony(in his official capacity as IT Manager for CheckPoint).(Graifman, Brian)
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Magistrate Judge Kevin Nathaniel Fox is so redesignated. (jc)
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NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Katherine Polk Failla is no longer assigned to the case. (jc)
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Filing 15
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Defendant (AMAZON) dated 3/15/2019 re: Request for extension of time to respond to Complaint. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/15/2019) (kv)
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Filing 16
LETTER addressed to Judge Katherine Polk Failla from Tyrone Holmes dated 3/14/2019 re: Plaintiff requests that Apple acknowledge the [appeal] legal issues are not [a] purported substantial factual overlap. Document filed by Tyrone Holmes.(sac)
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Filing 14
ORDER granting #12 Letter Motion for Extension of Time to Answer. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/14/2019) (rro)
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Filing 13
ORDER granting #9 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/14/2019) (rro)
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Filing 12
FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,, addressed to Judge Katherine Polk Failla from Ernest Edward Badway dated MARCH 14, 2019. Document filed by City of Kenner (Louisiana), Charles Donovan(Kenner Police Department, in his individual capacity), Charles Donovan(Kenner Police Department, in his official capacity as Kenner Police Officer).(Badway, Ernest)
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Filing 11
NOTICE OF APPEARANCE by Ernest Edward Badway on behalf of City of Kenner (Louisiana), Charles Donovan(Kenner Police Department, in his individual capacity), Charles Donovan(Kenner Police Department, in his official capacity as Kenner Police Officer). (Badway, Ernest)
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Filing 10
NOTICE OF APPEARANCE by Michael John Goettig on behalf of Amazon.com, Inc.. (Goettig, Michael)
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Filing 18
MOTION for Permission for Tyrone Holmes to participate in electronic case filing in this case. Document filed by Tyrone Holmes. (sac)
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Filing 17
LETTER addressed to Judge Katherine Polk Failla from Tyrone Holmes dated 3/13/2019 Re: Plaintiff opposes Apple's request for an extension of time because the defendants have had more than ample time to draft their responsive pleadings. Document filed by Tyrone Holmes.(sac)
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Filing 9
LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Hannah Y. Chanoine dated March 12, 2019. Document filed by Apple, Inc..(Chanoine, Hannah)
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Filing 8
MOTION for Deborah A. Villio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16473632. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of Kenner (Louisiana). (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Villio, Deborah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Deborah A. Villio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16473632. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amazon.com, Inc..(Goettig, Michael)
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Filing 6
LETTER addressed to Judge Katherine Polk Failla from Michael Goettig dated 3/5/2019 re: ECF Docket #5 . Document filed by Amazon.com, Inc.. (Attachments: #1 Attachment)(Goettig, Michael)
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Filing 5
LETTER addressed to Judge Katherine Polk Failla from Hannah Y. Chanoine dated February 27, 2019 re: request that the matter be transferred to Judge Ramos. Document filed by Apple, Inc.. (Attachments: #1 Exhibit 1 - Holmes I opinion and order, #2 Exhibit 2 - Homes I complaint)(Chanoine, Hannah)
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE #5 Letter) LETTER addressed to Judge Katherine Polk Failla from Hannah Y. Chanoine dated February 27, 2019 re: Request matter be transferred to the Honorable Edgardo Ramos. Document filed by Apple, Inc. (Chanoine, Hannah) Modified on 3/1/2019 (db).
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Filing 3
NOTICE OF APPEARANCE by Hannah Yael Shay Chanoine on behalf of Apple, Inc.. (Chanoine, Hannah)
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Filing 2
CIVIL COVER SHEET filed. (sj)
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Filing 1
COMPLAINT against Amazon.com, Inc., Apple, Inc., Rodrigo Caballero(in his individual capacity), Rodrigo Caballero(in his official capacity as NYPD Detective), Checkpoint Fluidic Systems International, Ltd., City of Kenner (Louisiana), City of New York, Charles Donovan(Kenner Police Department, in his individual capacity), Charles Donovan(Kenner Police Department, in his official capacity as Kenner Police Officer), FedEx Corporation, Rusty Mahony(in his individual capacity), Rusty Mahony(in his official capacity as IT Manager for CheckPoint), Kenneth Meyer(in his individual capacity), Kenneth Meyer(in his official capacity as a FedEx employee), Marlon Ming(in his individual capacity), Marlon Ming(in his official capacity as NYPD Chief of Detectives), New York Police Department. (Filing Fee $ 400.00, Receipt Number 465407016811)Document filed by Tyrone Holmes. (Attachments: #1 Exhibit)(sj)
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Magistrate Judge Robert W. Lehrburger 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 Designated ECF. (sj)
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SUMMONS ISSUED as to Amazon.com, Inc., Apple, Inc., Rodrigo Caballero(in his individual capacity), Rodrigo Caballero(in his official capacity as NYPD Detective), Checkpoint Fluidic Systems International, Ltd., City of Kenner (Louisiana), City of New York, Charles Donovan(Kenner Police Department, in his individual capacity), Charles Donovan(Kenner Police Department, in his official capacity as Kenner Police Officer), FedEx Corporation, Rusty Mahony(in his individual capacity), Rusty Mahony(in his official capacity as IT Manager for CheckPoint), Kenneth Meyer(in his individual capacity), Kenneth Meyer(in his official capacity as a FedEx employee), Marlon Ming(in his individual capacity), Marlon Ming(in his official capacity as NYPD Chief of Detectives), New York Police Department. (sj)
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