Komatsu v. The City of New York et al
Plaintiff: Towaki Komatsu
Defendant: John Doe 8-30-17a, The City of New York, James O'Neill, Christopher Fowler, Lance, Juanita Holmes, Howard Redmond, Ralph Nieves, Hansen, Karl Pfeffer, Andrew Berkowitz, Cruz, Bill de Blasio and Richard Mantellino
Case Number: 1:2020cv07046
Filed: August 29, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Edgardo Ramos
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2020 Filing 18 LETTER addressed to Judge Edgardo Ramos from T. Komatsu, dated 10/26/20 re: I am submitting this letter motion partly to request clarification about precisely why it is that it is quite clear that I am being subjected to substantially different treatment in this case with respect to Judge Gorenstein's ongoing assignment to it after the plaintiffs in the ongoing similar case of Gocke v. Bresia, No. 7:19cv6250(PMH), appear to have been able to have the original magistrate judge who was assigned to that case to be replaced by a different one etc. Document filed by Towaki Komatsu.(sc) Modified on 10/26/2020 (sc).
October 23, 2020 Filing 17 LETTER addressed to Judge Edgardo Ramos from T. Komatsu, dated 10/23/20 re: I am submitting this letter motion to request to be assigned pro bono legal counsel for this case and incorporate the grounds by reference as though fully set forth herein that I previously presented in Komatsu v. City of New York, No. 20cv3698(LGS) which resulted in the order that Magistrate Judge Gorenstein issued on 10/31/19 etc. Document filed by Towaki Komatsu.(sc)
October 22, 2020 Opinion or Order Filing 16 ORDER: For the foregoing reasons, the motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 14. (Signed by Judge Edgardo Ramos on 10/22/2020) (mro)
October 20, 2020 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #15 Notice of Interlocutory Appeal filed by Towaki Komatsu were transmitted to the U.S. Court of Appeals. (tp)
October 20, 2020 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #15 Notice of Interlocutory Appeal. (tp)
October 19, 2020 Appeal Remark as to #15 Notice of Interlocutory Appeal filed by Towaki Komatsu. IFP GRANTED 09/25/2020. (tp)
October 19, 2020 Appeal Fee Not Required for #15 Notice of Interlocutory Appeal. Appeal filed In Forma Pauperis. (tp)
October 19, 2020 Filing 15 NOTICE OF INTERLOCUTORY APPEAL from #13 Order. Document filed by Towaki Komatsu. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
October 19, 2020 Filing 14 LETTER addressed to Judge Colleen McMahon from T. Komatsu, dated 10/19/20 re: I am submitting this letter to you mainly to request that you immediately intervene in this case in an administrative manner by terminating the assignment of U.S. Magistrate Judge Gabriel Gorenstein t it, and assigning a different U.S. Magistrate Judge to this case etc. Document filed by Towaki Komatsu.(sc)
October 5, 2020 Opinion or Order Filing 13 ORDER re: #10 Letter, filed by Towaki Komatsu. On September 29, 2020, Komatsu's case was assigned to this Court and the Honorable Gabriel W. Gorenstein, U.S. Magistrate Judge. On October 2, Komatsu led a letter, Doc. 10, asking the Court to terminate Judge Gorenstein's designation in this case based on actions Judge Gorenstein has taken in Komatsu v. City of New York, 18 Civ. 3698 (LGS) (GWG) (S.D.N.Y. led Apr. 26, 2018). The request is DENIED. See Buhannic v. TradingScreen Inc., No. 19 Civ. 10650 (ER), 2020 WL 4058949, at *5 (S.D.N.Y. July 20, 2020) (declining to recuse based on litigant's dissatisfaction with prior rulings of this Court). It is SO ORDERED. (Signed by Judge Edgardo Ramos on 10/5/2020) (va)
October 2, 2020 Mailed a copy of #9 Order of Service #2 Complaint, to New York City Law Department 100 Church Street, New York, NY 10007. (aan)
October 2, 2020 Opinion or Order Filing 12 INFORMATION PACKAGE MAILED to Towaki Komatsu 802 Fairmount Pl. Apt. 4B Bronx, NY 10460, at, on 10/2/2020 Re: #9 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
October 2, 2020 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 10/2/2020 Re: Judge Edgardo Ramos #9 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Andrew Berkowitz, Cruz, Christopher Fowler, Hansen, Juanita Holmes, Lance, Richard Mantellino, Ralph Nieves, James O'Neill, Karl Pfeffer, Howard Redmond, The City of New York, Bill de Blasio. (aan)
October 2, 2020 Filing 11 SUMMONS ISSUED as to Andrew Berkowitz, Cruz, Christopher Fowler, Hansen, Juanita Holmes, Lance, Richard Mantellino, Ralph Nieves, James O'Neill, Karl Pfeffer, Howard Redmond, The City of New York, Bill de Blasio. (aan)
October 2, 2020 Filing 10 LETTER addressed to Judge Edgardo Ramos from T. Komatsu, dated 10/1/20 re: I respectfully request that you terminate Magistrate Judge Gorenstein's assignment to this case purs. to 28:636(c)(4), 28:2201 etc. It is entirely inappropriate for Magistrate Judge Gorenstein to be assigned to litigation involving me primarily because he has repeatedly and personally committed illegal, unconscionable and unethical acts and omissions against me etc. Document filed by Towaki Komatsu.(sc)
September 29, 2020 Opinion or Order Filing 9 ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for City of New York; NYPD Inspector Howard Redmond; former NYPD Lieutenant Ralph Nieves; NYPD Officer Karl Pfeffer; NYPD Officer Andrew Berkowitz; NYPD Officer Cruz; NYPD Officer Hansen; NYPD Officer Christopher Fowler; NYPD Officer Lance; NYPD Officer Juanita Holmes; NYPD Lieutenant Richard Mantellino; Mayor Bill de Blasio; and former NYPD Commissioner James O'Neill, issue summonses, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is also directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, NY 10007.A Second Amended Complaint form is attached to this order. SO ORDERED. USM-285 Form due by 10/29/2020. Request for Issuance of Summons due by 10/29/2020. (Signed by Judge Edgardo Ramos on 9/29/2020) (ama) Transmission to Pro Se Assistants for processing.
September 29, 2020 Magistrate Judge Gabriel W. Gorenstein 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. (bcu)
September 29, 2020 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case..(bcu)
September 25, 2020 Mailed a copy of #7 Order Granting IFP Application to Towaki Komatsu at 802 Fairmount Pl., Apt. 4B, Bronx, NY 10460. (kh)
September 25, 2020 Opinion or Order Filing 7 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 9/25/2020) (vn) Transmission to Docket Assistant Clerk for processing.
September 24, 2020 Filing 6 LETTER from T. Komatsu, dated 9/24/20 re: I am filing this letter concerning the case referenced above to submit the attached IFP application for this case(as indicated) to replace my previous IFP application for it. This new application corrects erroneous information which I inadvertently included in my previous IFP application etc. Document filed by Towaki Komatsu. (Attachments: #1 corrected IFP application)(sc)
September 8, 2020 Filing 5 (FIRST) AMENDED COMPLAINT, re: amending #3 Amended Complaint, against Officer Andrew Berkowitz, Officer Cruz, John Doe 8-30-17a, Christopher Fowler, Officer Hansen, Juanita Holmes, Officer Lance, Richard Mantellino, Ralph Nieves, James O'Neill, Karl Pfeffer, Howard Redmond, The City of New York, Bill de Blasio with JURY DEMAND.Document filed by Towaki Komatsu. Related document: #3 Amended Complaint.(sc)
September 8, 2020 Filing 4 LETTER from Towaki Komatsu, dated 9/8/20 re: I am filing this letter to apprise you of the fact that the attached slightly revised First Amended Complaint serves to replace the First Amended Complaint which I submitted last night via e-mail in this case etc. Document filed by Towaki Komatsu.(sc)
September 7, 2020 Filing 3 FIRST AMENDED COMPLAINT, re: amending #2 Complaint, against Andrew Berkowitz, Cruz, John Doe 8-30-17a, Christopher Fowler, Hansen, Juanita Holmes, Lance, Richard Mantellino, Ralph Nieves, James O'Neill, Karl Pfeffer, Howard Redmond, The City of New York, Bill de Blasio with JURY DEMAND.Document filed by Towaki Komatsu. Related document: #2 Complaint.(sc)
August 29, 2020 Case Designated ECF. (sac)
August 29, 2020 Filing 2 COMPLAINT against Andrew Berkowitz, Cruz, John Doe 8-30-17a, Christopher Fowler, Hansen, Juanita Holmes, Lance, Ralph Nieves, James O'Neill, Karl Pfeffer, Howard Redmond, The City of New York, Bill de Blasio. Document filed by Towaki Komatsu. (sac)
August 29, 2020 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Towaki Komatsu. (Attachments: #1 Main Document) (sac)

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Defendant: John Doe 8-30-17a
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Defendant: The City of New York
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Defendant: James O'Neill
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Defendant: Christopher Fowler
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Defendant: Lance
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Defendant: Juanita Holmes
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Defendant: Howard Redmond
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Defendant: Ralph Nieves
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Defendant: Hansen
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Defendant: Karl Pfeffer
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Defendant: Andrew Berkowitz
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Defendant: Cruz
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Defendant: Bill de Blasio
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Defendant: Richard Mantellino
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Plaintiff: Towaki Komatsu
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