Burton v. City of New York et al
| Huwe Burton |
| Detective Sergeant Frank Viggiano, CITY OF NEW YORK, Stacey Brocker, Detective Bade, NYPD Detective Donald Schappert, Detective Eugene Maloney, Elisa Koenderman, NYPD Detective Stanley Schiffman, NYPD Detective Sevelie Jones, Stacey Blocker, Stanley Schiffman, Frank Viggiano, Stacey Green, Donald Schappert, Eugene Maloney and Sevelie Jones |
| 1:2020cv09025 |
| October 28, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 NOTICE OF APPEARANCE by Joshua S Kaufman on behalf of City Of New York..(Kaufman, Joshua) |
| Filing 34 SUMMONS RETURNED EXECUTED. Stacey Blocker served on 11/12/2020, answer due 12/3/2020. Service was accepted by EDDIE "DOE" CO-TENANT. Service was made by Mail. Document filed by Huwe Burton..(Droubi, Luna) |
Filing 33
ORDER granting in part and denying in part #32 Letter Motion for Extension of Time to Answer. GRANTED in part, DENIED in part. By January 25, 2021, Defendant City shall answer or otherwise respond to the Complaint. SO ORDERED. (Signed by Judge Analisa Torres on 12/02/2020) (ama)
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| Set/Reset Deadlines: City Of New York answer due 1/25/2021. (ama) |
| Filing 32 CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to the First Amended Complaint addressed to Judge Analisa Torres. Document filed by City Of New York..(Funes, Suzanne) |
| Filing 31 NOTICE OF APPEARANCE by Suzanne Emily Funes on behalf of City Of New York..(Funes, Suzanne) |
| Filing 30 SUMMONS RETURNED EXECUTED. City Of New York served on 11/6/2020, answer due 11/27/2020. Service was made by EMAIL. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Elisa Koenderman(Bronx County Assistant District Attorney, in their individual capacities). (sj) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to Bade. (sj) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to Bronx County Assistant District Attorney Elisa Koenderman, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Detective Bade, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Stanley Schiffman..(jgo) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to Stacey Blocker..(jgo) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to Sevelie Jones..(jgo) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to Frank Viggiano..(jgo) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Eugene Maloney..(jgo) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Donald Schappert..(jgo) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to City Of New York..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luna Droubi to RE-FILE Document No. #17 Request for Issuance of Summons, #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the PDF 'To' section must match exactly as it appears on the pleading caption (remove NYPD from Doc. 16); party title must match exactly as it appears on the pleading caption and must not be abbreviated (Doc. 17). 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. (jgo) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Stacey Blocker a/k/a Stacey Green, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 17 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Bronx County Assistant District Attorney Elisa Koenderman, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) Modified on 11/4/2020 (jgo). |
| Filing 16 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Detective Bade, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) Modified on 11/4/2020 (jgo). |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Detective Eugene Maloney, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Detective Donald Schappert, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Detective Sevelie Jones, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Detective Stanley Schiffman, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Detective Sergeant Frank Viggiano, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #9 Amended Complaint,,. Document filed by Huwe Burton..(Droubi, Luna) |
| Filing 9 FIRST AMENDED COMPLAINT amending #1 Complaint, against Bade, Stacey Blocker, City Of New York, Sevelie Jones, Elisa Koenderman(Bronx County Assistant District Attorney, in their individual capacities), Elisa Koenderman(Bronx County Assistant District Attorney, in their official capacities), Eugene Maloney, Donald Schappert, Stanley Schiffman, Frank Viggiano with JURY DEMAND.Document filed by Huwe Burton. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - List of Cases, #2 Exhibit B - Joel Rudin, Fordham Law Review Article).(Droubi, Luna) |
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Filing 8
ORDER: The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. (And as further set forth herein.) SO ORDERED. Initial Conference set for 1/5/2021 at 10:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/30/2020) (jca)
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 10/30/2020) (jca)
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Filing 6
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. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by December 29, 2020, email a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by December 29, 2020, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 10/30/2020) (jca)
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| Filing 5 NOTICE OF APPEARANCE by Marc Arena on behalf of Huwe Burton..(Arena, Marc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Luna Droubi. The party information for the following party/parties has been modified: Stacey Brocker, CITY OF NEW YORK, Sevelie Jones, Elisa Koenderman, Eugene Maloney, Donald Schappert, Stanley Schiffman, Frank Viggiano. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Luna Droubi. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Luna Droubi re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): Add Elisa Koenderman to CM ECF with the party text "Bronx County Assistant District Attorney, in their official capacities". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Elisa Koenderman added. Party added pursuant to #1 Complaint,.Document filed by Huwe Burton. Related document: #1 Complaint,..(Droubi, Luna) |
| 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 #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) |
| Case Designated ECF. (pc) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Filing 4 NOTICE OF APPEARANCE by Marc Augustine Cannan on behalf of Huwe Burton..(Cannan, Marc) |
| Filing 3 NOTICE OF APPEARANCE by Jonathan C Moore on behalf of Huwe Burton..(Moore, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed..(Droubi, Luna) |
| Filing 1 COMPLAINT against Bade, Stacey Brocker, CITY OF NEW YORK, Sevelie Jones, Elisa Koenderman, Eugene Maloney, Donald Schappert, Stanley Schiffman, Frank Viggiano. (Filing Fee $ 400.00, Receipt Number ANYSDC-22348274)Document filed by Huwe Burton. (Attachments: #1 Exhibit A - List of Cases, #2 Exhibit B - Joel Rudin, Fordham Law Review Article).(Droubi, Luna) |
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