Komatsu v. The City of New York et al
| Towaki Komatsu |
| NYPD Detective Nicholas Mason, NYPD Detective Raymond Gerola, Lawrence Byrne, Jr., Cyrus Vance, Marco Carrion, The City of New York, Pinny Ringel, Dustin Ridener, Jessica Ramos, Anthony Shorris, James O'Neill, NYPD John Doe 1, NYPD Lieutenant Ralph Nieves, Shauna Stribula, NYPD Inspector Howard Redmond, Bill de Blasio and Harold Miller |
| 1:2020cv09151 |
| November 1, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
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| Mailed a copy of #14 Order to Towaki Komatsu at 802 Fairmount Pl., Apt. 4B, Bronx, NY 10460. (kh) |
| Mailed a copy of #15 Order to Towaki Komatsu at 802 Fairmount Pl., Apt. 4B, Bronx, NY 10460. (kh) |
Filing 15
ORDER: The Court is in receipt of Plaintiff's letter dated December 19, 2020 seeking leave to file a motion for reconsideration of the Court's November 2, 2020 service order in member case 20-cv-08004. Motions for reconsideration must be filed within 14 days of the order for which reconsideration is sought. See S.D.N.Y. Local Rule 6.3. Komatsu's request for leave to file a motion for reconsideration is therefore DENIED. The clerk of court is respectfully directed to mail a copy of this Order to Plaintiff and note service on the docket. (Signed by Judge Edgardo Ramos on 12/29/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 14
ORDER: The Court is in receipt of Plaintiffs letter dated December 22, 2020 requesting an opportunity to respond to Defendants letter dated December 21, 2020. See Doc. 54 (requesting to file a response to Doc. 52). The request is GRANTED. Plaintiffs submission in response must be no greater than 10 pages. The Court is also in receipt of Plaintiffs letter dated December 27, 2020 requesting to file an amended complaint to include additional allegations of being excluded from another public meeting in January 2018. Doc. 55. Defendants are instructed to respond to this request by no later than January 8, 2021. The clerk of court is respectfully directed to mail a copy of this Order to Plaintiff and note service on the docket. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/29/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (rro) Transmission to Docket Assistant Clerk for processing.
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Filing 13
ORDER re: (47 in 1:20-cv-07046-ER) Letter, (48 in 1:20-cv-07046-ER) Letter: The Court is in receipt of Plaintiff's letters filed on December 16, 2020 requesting leave to file additional requests to the Court. Docs. 47, 48. Plaintiff first requests leave to file a motion for reconsideration of the Court's supposed November 2, 2020 dismissal of Defendant Clynes from this case. Doc. 47. However, Defendant Clynes has not been dismissed from this case as of the date of this Order, and no order was issued in this case on November 2, 2020. Thus, Plaintiff's request in Doc. 47 is DENIED. Plaintiff also requests leave to file a letter responding to issues raised in the December 15, 2020 teleconference in this case. Doc. 48. As indicated during the December 15, 2020 conference, the Court grants him permission to do so. Plaintiff is therefore GRANTED leave to file the letter described in Doc. 48, responding to points raised in the December 15, 2020 case conference. Defendants are permitted but not required to file a response within two (2) weeks of the docketing of this letter. (Signed by Judge Edgardo Ramos on 12/18/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (jwh)
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Filing 12
ORDER: The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and note service on the docket. The Court further directs the Clerk of Court not to process Plaintiff's submissions that do not comply with the above filing restrictions. Any filings that Plaintiff submits that do not comply with the above filing restrictions will not be considered by the Court, and the Clerk of Court will be directed to strike the filings from the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Edgardo Ramos on 12/15/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| Mailed a copy of #12 Order to Towaki Komatsu at 802 Fairmount Pl., Apt. 4B, Bronx, NY 10460. (kh) |
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Filing 11
MEMO ENDORSEMENT on re: (10 in 1:20-cv-09154-ER, 17 in 1:20-cv-08251-ER, 10 in 1:20-cv-08933-ER, 42 in 1:20-cv-07046-ER, 18 in 1:20-cv-08004-ER, 12 in 1:20-cv-09354-ER, 10 in 1:20-cv-09151-ER, 12 in 1:20-cv-08540-ER, 11 in 1:20-cv-07502-ER) Pre-Conference Statement, filed by The City of New York, Richard Mantellino, Bill de Blasio, Bill de Blasio. ENDORSEMENT: The parties may discuss the City's proposed motion to dismiss at the December 15 case conference. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 12/14/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (rro)
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| Filing 10 PRE-CONFERENCE STATEMENT Pursuant to Court's Order dated November 17, 2020 (ECF No. 29). Document filed by Bill de Blasio, The City of New York, Richard Mantellino, The City of New York, Bill de Blasio.Filed In Associated Cases: 1:20-cv-07046-ER et al..(Gottstein, Evan) |
| Mailed a copy of (10 in 1:20-cv-07502-ER, 10 in 1:20-cv-07502-ER, 9 in 1:20-cv-09154-ER, 9 in 1:20-cv-09154-ER, 11 in 1:20-cv-09354-ER, 11 in 1:20-cv-09354-ER, 11 in 1:20-cv-08540-ER, 11 in 1:20-cv-08540-ER, 9 in 1:20-cv-09151-ER, 9 in 1:20-cv-09151-ER, 9 in 1:20-cv-08933-ER, 9 in 1:20-cv-08933-ER, 16 in 1:20-cv-08004-ER, 16 in 1:20-cv-08004-ER, 38 in 1:20-cv-07046-ER, 38 in 1:20-cv-07046-ER, 14 in 1:20-cv-08251-ER, 14 in 1:20-cv-08251-ER) Order to Towaki Komatsu at 802 Farimount Pl., Apt. 4B, Bronx, NY 10460. Filed In Associated Cases: 1:20-cv-07046-ER et al..(jar) |
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Filing 9
ORDER: The Court is in receipt of Plaintiff's letter filed December 2, 2020. Doc. 36. Plaintiff requests that the upcoming conference on December 15, 2020 in the above-captioned case be held via videoconference. In this Court and in other courts in this District, it is standard practice for case conferences to be held via teleconference with a court reporter present. This conference is no exception. Moreover, the dial-in information for the conference is available on this case's public docket. Thus, any interested members of the public have access to listen to the hearing if they wish. Plaintiff also requests permission to present exhibits at the hearing. If there are relevant exhibits that Plaintiff has not previously submitted in the above-captioned case, the Court hereby grants him leave to file such exhibits in advance of the conference. Any exhibit must not exceed 25 pages. Plaintiff is of course also welcome to reference documents already submitted into the record during this conference as well. Plaintiff also requests clarification on the length of the conference and his ability to speak at it. It will begin at 11 a.m. and there are 30 minutes reserved on the Court's calendar. ( Telephone Conference set for 12/15/2020 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 12/7/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (mro)
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Filing 8
ORDER OF SERVICE FOR 20-CV-7502: 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 address for the City of New York, issue a summons, and deliver all documents necessary to effect service for Case No. 20-cv-07502 to the U.S. Marshals Service. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/18/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (ks) Transmission to Pro Se Assistants for processing.
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Filing 7
INFORMATION PACKAGE MAILED to Towaki M. Komatsu 802 Fairmount Pl. Apt. 4B Bronx, NY 10460, at, on 11/18/2020 Re: #4 Order of Service via MAIL. 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 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. (ta)
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| Filing 6 SUMMONS ISSUED as to The City of New York. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/18/2020 Re: Judge Edgardo Ramos #4 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)The City of New York. (ta) |
| Mailed a copy of #5 Order to Show Cause, Set Hearings to Towaki Komatsu at 802 Fairmount Pl., Apt. 4B, Bronx, NY 10460. (kh) |
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Filing 5
ORDER CONSOLIDATING CASES AND TO SHOW CAUSE UNDER 28 U.S.C. 1651 WHY FILING RESTRICTIONS SHOULD NOT BE IMPOSED: The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is respectfully directed to consolidate the above-captioned cases. Plaintiff is granted 15 days, or until December 2, 2020, to show cause why the Court should not impose the above filing restrictions. A declaration form is attached to this order. The Court sets a case management conference for December 15, 2020 at 11:00am. The conference will be held remotely and by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. Any Defendant may file a letter submission in anticipation of this conference by no later than December 11, 2020. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). ( Telephone Conference set for 12/15/2020 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 11/17/2020) Filed In Associated Cases: 1:20-cv-07046-ER et al. (mro) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF SERVICE FOR CASES 20-CV-8540, -8933, - 9151, -9154 AND -9354: 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 address for the City of New York, issue a summons, and deliver all documents necessary to effect service to the U.S. Marshals Service. (Signed by Judge Edgardo Ramos on 11/17/2020) (mro) Transmission to Pro Se Assistants for processing.
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-07046-ER. (mro) |
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Filing 3
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 11/6/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| 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. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (ad) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-07046-ER. Notice of Assignment to follow. (ad) |
| Filing 2 COMPLAINT against Lawrence Byrne, Jr, Marco Carrion, John Doe 1, Raymond Gerola, Nicholas Mason, Harold Miller, Ralph Nieves, James O'Neill, Jessica Ramos, Howard Redmond, Dustin Ridener, Pinny Ringel, Anthony Shorris, Shauna Stribula, The City of New York, Cyrus Vance, Bill de Blasio. Document filed by Towaki Komatsu. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Towaki Komatsu. (sac) |
| Case Designated ECF. (sac) |
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