Camacho et al v. City of New York et al
| Kathy Camacho, Justine Rodriguez, Nicole Fludd, Derick Mason and Cynthia Neat |
| City of New York, Scott Ambrose, CO Cosico, John/Jane Does 1-30, CO Gollub, Christina Brewley, Epifano Vasquez, Cecil Phillips, Paul Smith, D. Spry and A. Reed |
| 1:2019cv11096 |
| December 3, 2019 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 55
PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on January 31, 2020, the following schedule shall govern the further conduct of pretrial proceedings in this case: The plaintiffs shall serve any amended complaint by February 14, 2020. By February 21, 2020, the defendants shall file a letter with the Court responding to questions the Court put on the record at the pretrial conference. By February 27, 2020 at noon, the parties shall submit a joint letter (or, if necessary, separate letters stating each party's position) proposing a detailed schedule for any motions and discovery. A conference is scheduled for February 28, 2020 at noon in Courtroom 18B, 500 Pearl Street. (Amended Pleadings due by 2/14/2020. Status Conference set for 2/28/2020 at 12:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/31/2020) (rro)
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| Filing 54 RESPONSE re: #53 Letter . Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Berman, David) |
| Filing 53 LETTER addressed to Judge Denise L. Cote from Mark D. Zuckerman dated January 29, 2020 re: issue defendants would like to raise at initial conference. Document filed by City of New York.(Zuckerman, Mark) |
| Magistrate Judge Ona T. Wang is so redesignated. (wb) |
| Filing 52 LETTER addressed to Judge Denise L. Cote from Mark D. Zuckerman dated January 24, 2020 re: related case issue. Document filed by City of New York.(Zuckerman, Mark) |
| Filing 51 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Scott Ambrose, Christina Brewley, City of New York, Cosico, Gollub, Cecil Phillips, A. Reed, Paul Smith, D. Spry, Epifano Vasquez.(Zuckerman, Mark) |
| Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss declaratory relief claims. MOTION to Dismiss for Lack of Jurisdiction (lack of standing to seek injunctive and declaratory relief)., #48 MOTION to Dismiss First and Second Causes of Action in Complaint (all claims for municipal liability) and all claims for declaratory relief. MOTION to Dismiss for Lack of Jurisdiction (lack of standing to seek injunctive and declaratory relief). . Document filed by Scott Ambrose, Christina Brewley, City of New York, Cosico, Gollub, Cecil Phillips, A. Reed, Paul Smith, D. Spry, Epifano Vasquez. (Zuckerman, Mark) |
| Filing 49 MOTION to Dismiss declaratory relief claims., MOTION to Dismiss for Lack of Jurisdiction (lack of standing to seek injunctive and declaratory relief). Document filed by Scott Ambrose, Christina Brewley, Cosico, Gollub, Cecil Phillips, A. Reed, Paul Smith, D. Spry, Epifano Vasquez.(Zuckerman, Mark) |
| Filing 48 MOTION to Dismiss First and Second Causes of Action in Complaint (all claims for municipal liability) and all claims for declaratory relief., MOTION to Dismiss for Lack of Jurisdiction (lack of standing to seek injunctive and declaratory relief). Document filed by City of New York.(Zuckerman, Mark) |
| Filing 47 AFFIDAVIT OF SERVICE of Summons and Complaint,. Christina Brewley served on 1/15/2020, answer due 2/5/2020. Service was accepted by P.O. 'John' Conitto, Co-worker. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Lebowitz, David) |
| Filing 46 AFFIDAVIT OF SERVICE of Summons and Complaint,. Scott Ambrose served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'John' Conitto, Co-worker. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 45 AFFIDAVIT OF SERVICE of Summons and Complaint,. Paul Smith served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'John' Myryle. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 44 AFFIDAVIT OF SERVICE of Summons and Complaint,. Epifano Vasquez served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'John' Morgan. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 43 AFFIDAVIT OF SERVICE of Summons and Complaint,. D. Spry served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'John' Conitto, Co-worker. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 42 AFFIDAVIT OF SERVICE of Summons and Complaint,. Cosico served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'John' Connito, Co-worker. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 41 AFFIDAVIT OF SERVICE of Summons and Complaint,. Cecil Phillips served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'Jane' Mendez, Co-worker. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 40 AFFIDAVIT OF SERVICE of Summons and Complaint,. A. Reed served on 1/7/2020, answer due 1/28/2020. Service was accepted by P.O. 'John' Connito, Co-worker. Service was made by Mail. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 39 ELECTRONIC SUMMONS ISSUED as to Gollub. (dnh) |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to Cosico. (dnh) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to D. Spry. (dnh) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Christina Brewley. (dnh) |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Epifano Vasquez. (dnh) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to Cecil Phillips. (dnh) |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Scott Ambrose. (dnh) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to A. Reed. (dnh) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Paul Smith. (dnh) |
| Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to CO Gollub, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to CO Cosico, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to D. Spry, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to Christina Brewley, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Epifano Vasquez, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Cecil Philips, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Scott Ambrose, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to A. Reed, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Smith, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Benjamin Berman to RE-FILE Document No. #13 Request for Issuance of Summons, #16 Request for Issuance of Summons, #20 Request for Issuance of Summons, #15 Request for Issuance of Summons, #19 Request for Issuance of Summons, #18 Request for Issuance of Summons, #21 Request for Issuance of Summons, #14 Request for Issuance of Summons, #17 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; party names listed in the as to docket entry and throughout the Summons PDF must appear exactly as they appear in the caption on the pleading. 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. (dnh) |
| Filing 21 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Scott Ambrose, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 20 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Paul Smith, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 19 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Joseph Coscio, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Epifanio Vasquez, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 17 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Capt. Donnya Spry, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Debra Golub, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Christina Brewley, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Cecil Phillips, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to CO Ashley Reed, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Berman, David) Modified on 12/26/2019 (dnh). Modified on 12/26/2019 (dnh). |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. City of New York answer due 1/24/2020. (Signed by Judge Denise L. Cote on 12/18/2019) (gr)
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| Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to complaint addressed to Judge Denise L. Cote from Mark D. Zuckerman dated December 18, 2019. Document filed by City of New York.(Zuckerman, Mark) |
| Filing 10 NOTICE OF APPEARANCE by Mark David Zuckerman on behalf of City of New York. (Zuckerman, Mark) |
| Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 1/31/2020 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 12/12/2019) (gr) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. City of New York served on 12/5/2019, answer due 12/26/2019. Service was accepted by Betty Mazyck. Document filed by Derick Mason; Justine Rodriguez; Kathy Camacho; Nicole Fludd; Cynthia Neat. (Berman, David) |
| Filing 7 NOTICE OF APPEARANCE by Earl S Ward on behalf of Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Ward, Earl) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City of New York. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc) |
| Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew D. Brinckerhoff. The party information for the following party/parties has been modified: Derick Mason, Justine Rodriguez, Kathy Camacho, Nicole Fludd. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Case Designated ECF. (pc) |
| Filing 5 NOTICE OF APPEARANCE by David Benjamin Berman on behalf of Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Berman, David) |
| Filing 4 NOTICE OF APPEARANCE by Julia P. Kuan on behalf of Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Kuan, Julia) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #1 Complaint,. Document filed by Kathy Camacho, Nicole Fludd, Derick Mason, Cynthia Neat, Justine Rodriguez. (Attachments: #1 Rider to Summons)(Brinckerhoff, Matthew) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Rider to Civil Cover Sheet)(Brinckerhoff, Matthew) |
| Filing 1 COMPLAINT against Scott Ambrose, Christina Brewley, City of New York, Cosico, Gollub, John/Jane Does 1-30, Cecil Phillips, A. Reed, Paul Smith, D. Spry, Epifano Vasquez. (Filing Fee $ 400.00, Receipt Number ANYSDC-18196315)Document filed by Derick Mason, Justine Rodriguez, Kathy Camacho, Nicole Fludd, Cynthia Neat.(Brinckerhoff, Matthew) |
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