Stewart v. City Of New York et al
Plaintiff: Malik Stewart and Daniel Jones
Defendant: CITY OF NEW YORK, Julio Tavarez, David Callan, Lorraine Ramos and John or Jane Doe 1-10
Case Number: 1:2019cv05499
Filed: June 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2019 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. David Callan(In their capacities as New York City Police Officers) served on 7/9/2019, answer due 7/30/2019; Lorraine Ramos(Individually) served on 7/9/2019, answer due 7/30/2019; Julio Tavarez(Individually) served on 6/25/2019, answer due 7/16/2019; City Of New York served on 6/24/2019, answer due 7/15/2019; Julio Tavarez(In their capacities as New York City Police Officers) served on 6/25/2019, answer due 7/16/2019; Lorraine Ramos(In their capacities as New York City Police Officers) served on 7/9/2019, answer due 7/30/2019; David Callan(Individually) served on 7/9/2019, answer due 7/30/2019. Service was accepted by Inez Contreras, P.O. Rivera, A.I. Sampson. Service was made by MAIL. Document filed by Malik Stewart., SUMMONS RETURNED EXECUTED Summons and Complaint,, served. David Callan(In their capacities as New York City Police Officers) served on 7/9/2019, answer due 7/30/2019; Lorraine Ramos(Individually) served on 7/9/2019, answer due 7/30/2019; Julio Tavarez(Individually) served on 6/25/2019, answer due 7/16/2019; City Of New York served on 6/24/2019, answer due 7/15/2019; Julio Tavarez(In their capacities as New York City Police Officers) served on 6/25/2019, answer due 7/16/2019; Lorraine Ramos(In their capacities as New York City Police Officers) served on 7/9/2019, answer due 7/30/2019; David Callan(Individually) served on 7/9/2019, answer due 7/30/2019. Service was accepted by Inez Contreras, P.O. Rivera, A.I. Sampson. Service was made by MAIL. Document filed by Malik Stewart. (Depaola, Samuel)
July 17, 2019 Filing 11 AFFIDAVIT OF SERVICE of the Court's Order of July 16, 2019; the 1983 Plan (and attachments); the Court's Individual Rules served on Samuel DePaola, Esq. on July 17, 2019. Service was made by mail and email. Document filed by City Of New York. (Arko, Christopher)
July 16, 2019 Opinion or Order Filing 10 ORDER granting #9 Letter Motion to Adjourn Conference. The Court's June 13, 2019 Order scheduling an Initial Pretrial Conference in this 1983 case, Dkt. No. 7, was entered in error and is hereby VACATED. This case shall be conducted in accordance with the Plan for Certain 1983 Cases Against the City of New York (the" 1983 Plan," available at: http://nysd.uscomis.goruleThe_Plan_and_Exhibits_201108.pdf). The parties are directed to follow these procedures - even to the extent that they are inconsistent with this Court's Individual Rules. Any timely application to exempt this case from the procedures set forth in the 1983 Plan or to refer this case to a magistrate judge for settlement purposes will be considered in due course. If the parties do not file a timely application to exempt the case from the 1983 Plan pursuant to paragraph 4.a of the 1983 Plan, the parties are directed to submit a joint letter to the Court no later than one hundred and twenty days after the first defendant files its answer. The joint letter shall provide the following information in separate paragraphs: as further set forth in this Order. This resolves docket item number 9. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/16/2019) (kv)
July 9, 2019 Filing 9 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Christopher G. Arko dated July 9, 2019. Document filed by City Of New York.(Arko, Christopher)
June 28, 2019 Filing 8 NOTICE OF APPEARANCE by Christopher Gregory Arko on behalf of City Of New York. (Arko, Christopher)
June 13, 2019 Opinion or Order Filing 7 Vacated as per Judge's Order dated 7/16/2019, Doc. #10 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, September 27, 2019 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Any open legal issues can be addressed at the conference. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 9/27/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 6/13/2019) (kv) Modified on 7/16/2019 (kv).
June 13, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to David Callan, City Of New York, Lorraine Ramos, Julio Tavarez. (dnh)
June 13, 2019 Filing 5 NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) : Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr)
June 13, 2019 Magistrate Judge Henry B. Pitman 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. (dnh)
June 13, 2019 Case Designated ECF. (dnh)
June 13, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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. (dnh)
June 13, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Samuel Christopher Depaola. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None); Arbitration code e (Exempt); County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff); the Arbitration code has been deleted; the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid). (dnh)
June 13, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Christopher Depaola. The party information for the following party/parties has been modified: CITY OF NEW YORK ; Malik Stewart. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party type was entered incorrectly. (dnh)
June 12, 2019 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malik Stewart.(Depaola, Samuel)
June 12, 2019 Filing 3 CIVIL COVER SHEET filed. (Depaola, Samuel)
June 12, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, Lorraine Ramos, David Callan, Julio Tavarez, re: #1 Complaint,,. Document filed by Malik Stewart. (Depaola, Samuel)
June 12, 2019 Filing 1 COMPLAINT against CITY OF NEW YORK, David Callan(In their capacities as New York City Police Officers), David Callan(Individually), John or Jane Doe 1-10(Individually), John or Jane Doe 1-10(In their capacities as New York City Police Officers), Lorraine Ramos(Individually), Lorraine Ramos(In their capacities as New York City Police Officers), Julio Tavarez(Individually), Julio Tavarez(In their capacities as New York City Police Officers). (Filing Fee $ 400.00, Receipt Number ANYSDC-17072225)Document filed by Malik Stewart.(Depaola, Samuel)

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Plaintiff: Malik Stewart
Represented By: Samuel Christopher Depaola
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Plaintiff: Daniel Jones
Represented By: Samuel Christopher Depaola
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Defendant: CITY OF NEW YORK
Represented By: Christopher Gregory Arko
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Defendant: Julio Tavarez
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Defendant: David Callan
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Defendant: Lorraine Ramos
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Defendant: John or Jane Doe 1-10
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