Magassouba v. Cascione, Purcigliotti, & Galluzzi, P.C. et al
| Moustapha Magassouba |
| Kelly L. Marta, Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Robert A. Purcigliotti, Thomas G. Glascione, Thomas G. Cascione and Kelly L. Murtha |
| 1:2020cv10996 |
| December 23, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Barbara C Moses |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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Mailed a copy of #18 Order, Set Deadlines to Moustapha Magassouba at 128 West 128 Street, Apt. 4G, New York, NY 10027. (kh)
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Filing 18
ORDER: After consultation with the parties during today's telephonic conference, the Court adopts the following case management and scheduling order: 1. Amendment. Plaintiff shall not further amend his complaint or add new parties absent a stipulation of all parties or leave of the Court. 2. Motion to Dismiss. Plaintiff shall file his papers in opposition to defendants' motion to dismiss (Dkt. Nos. 15, 16, 17) no later than March 18, 2021. The Court directs plaintiff to the "Motions Guide for Pro Se Litigants," attached to this order for guidance in responding to a motion. Should plaintiff need additional time to file his opposition papers, he must write to the Court in advance of the March 18 deadline, stating how much additional time he needs and why he needs it. Defendants may file a reply brief no later than one week after receiving plaintiff's opposition papers. If upon receipt of plaintiff's papers defendants do not wish to file a reply brief, they must promptly so advise the Court by letter. 3. Discovery. There shall be no discovery pending the Court's decision on defendants' motion to dismiss. The Clerk of Court is respectfully directed to mail a copy of this order to the plaintiff. So Ordered. (Responses due by 3/18/2021) (Signed by Magistrate Judge Barbara C. Moses on 2/18/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing 17
NOTICE of Rule 12.1 Notice to Pro Se Litigant Who Opposes a Rule 12 Motion Supported By Matters Outside the Pleadings (with Certificate of Service by Mail) re: #15 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Thomas G. Cascione, Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Kelly L. Murtha, Robert A. Purcigliotti..(Cascione, Thomas)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Case Management Conference held on 2/18/2021. (Snell, Kevin)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 2/18/2021. (ajs)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Thomas G. Cascione, Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Kelly L. Murtha, Robert A. Purcigliotti..(Cascione, Thomas)
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Filing 15
MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Thomas G. Cascione, Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Kelly L. Murtha, Robert A. Purcigliotti. (Attachments: #1 Exhibit Memo to File 8/1/2000 by Det. J. Todd Moses, #2 Exhibit Finding in the 6/2/15 decision of the Hon. Wilma Guzman, #3 Exhibit 8/15/02 Notice of Claim, #4 Exhibit Summons and Complaint Index #21963-2003 Bronx County, #5 Exhibit PACER Docket Report 1:03-cr-00985-RPP, #6 Exhibit 3/30/2005 Decision of the Hon. Yvonne Gonzalez, #7 Exhibit Paragraph 20 of Plaintiff's NY Complaint, #8 Exhibit 1/12/2009 Order/Decision of the Hon. Wilma Guzman, #9 Exhibit 4/25/2013 Order/Decision of the Hon. Wilma Guzman, #10 Exhibit 6/2/2015 Order/Decision of the Hon. Wilma Guzman, #11 Exhibit Summons and Complaint 100452/2018 NY County, #12 Exhibit 12/12/2018 Order/Decision of the Hon. Shlomo Hagler, #13 Exhibit 12/12/2019 Appellate Division Decision, #14 Exhibit 5/14/2020 Order/Decision, 1st Dept. and 11/23/2020 Order, NY Court of Appeals).(Cascione, Thomas)
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Filing 14
ORDER denying #13 Letter Motion to Adjourn Conference. This action has been referred to me for general pretrial management, including, inter alia, scheduling and non-dispositive motions. On January 25, 2021, I issued a scheduling order (Dkt. No. 11) giving defendants a deadline for their anticipated motion to dismiss. For avoidance of doubt: that order suspends defendants obligation to answer until such time as the motion is decided. I also set the initial case management conference for February 18, 2021. In light of plaintiff's pro se status, I did not require a formal meet and confer nor the filing of a joint proposed pretrial order in advance of the conference. While not unsympathetic to defendants safety concerns, I am not willing to dispense with the conference entirely, particularly since it will be conducted remotely. Only one attorney need attend the conference (by telephone) on behalf of the defendants, so long as that attorney has appeared or will appear as counsel of record for each such defendant. (Signed by Magistrate Judge Barbara C. Moses on 2/11/2021) (cf)
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Filing 13
LETTER MOTION to Adjourn Conference until pre-answer motion to dismiss is decided addressed to Magistrate Judge Barbara C. Moses from Thomas G. Cascione dated February 9, 2021. Document filed by Thomas G. Cascione, Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Kelly L. Murtha, Robert A. Purcigliotti..(Cascione, Thomas)
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Filing 12
PLAINTIFF'S OPPOSITION & OBJECTION TO THE DEFENDANTS' MOTION TO DISMISS, re: #9 LETTER MOTION for Leave to File letter.brief addressed to Judge Louis L. Stanton from Thomas G Cascione dated 01/22/2021. Document filed by Moustapha Magassouba. (sc)
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Mailed a copy of #11 Order on Motion for Leave to File Document to Moustapha Magassouba at 128 West 128 Street, Apt. 4G, New York, NY 10027. (kh)
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Filing 11
ORDER granting #9 Letter Motion for Leave to File Document: The Court has received and reviewed defendants' letter dated January 22, 2021 (Dkt. No. 9), requesting leave to file a motion to dismiss. Leave of court is not required to file motions to dismiss. See Engelmayer Ind. Prac. 3(A); Moses Ind. Prac. 2(d). If defendants wish to move to dismiss this action, they shall do so no later than March 11, 2021. Any motion made by defendant Cascione, Purcigliotti, & Galluzzi, P.C. must be signed on its behalf by a licensed attorney. It is hereby ORDERED that an initial case management conference in accordance with Fed. R. Civ. P. 16 will be held on February 18, 2021, at 11:00 a.m., via teleconference. At that time, the parties should dial (888) 557-8511 and enter the access code: 7746387, and as further set forth in this order. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff. (Signed by Magistrate Judge Barbara C. Moses on 1/25/2021) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing 10
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Paul A. Engelmayer on 1/25/2021) (jwh)
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MOTIONS REFERRED: #9 LETTER MOTION for Leave to File letter.brief addressed to Judge Louis L. Stanton from Thomas G Cascione dated 01/22/2021. Motions referred to Barbara C. Moses. (jwh)
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Set/Reset Deadlines: Motions due by 3/11/2021. Set/Reset Hearings: Initial Conference set for 2/18/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses. (jwh) Modified on 1/26/2021 (jwh).
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Filing 9
LETTER MOTION for Leave to File letter.brief addressed to Judge Louis L. Stanton from Thomas G Cascione dated 01/22/2021. Document filed by Thomas G. Cascione. (Attachments: #1 Exhibit App.Div. Decision).(Cascione, Thomas)
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Filing 8
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All court conferences and hearings will be conducted by teleconference. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. The Clerk of Court is respectfully directed to mail a copy of this Order to the plaintiff. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 1/22/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #8 Order to Moustapha Magassouba at 128 West 128 Street, Apt. 4G, New York, NY 10027. (kh)
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/21/21) (yv)
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Magistrate Judge Barbara C. Moses 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. (vba)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Louis L. Stanton is no longer assigned to the case. (vba)
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Plaintiff cites incorrect case number on Return of Service. Document filed by Moustapha Magassouba. (sac)
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Filing 5
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Thomas G. Cascione served on 1/5/2021, answer due 1/26/2021. Service was accepted by Ana Mouwkitis. Document filed by Thomas G. Cascione. (sac)
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Filing 4
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Cascione, Purcigliotti, & Galluzzi, P.C. served on 1/5/2021, answer due 1/26/2021. Service was accepted by Ana Mouwkitis. Document filed by Moustapha Magassouba. (sac)
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Filing 3
SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Kelly L. Murtha served on 1/5/2021, answer due 1/26/2021. Service was accepted by Ana Mouwkitis. Document filed by Moustapha Magassouba. (sac)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case..(bcu)
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Filing 2
AMENDED COMPLAINT, re: amending #1 Complaint against Thomas G. Cascione, Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Kelly L. Murtha, Robert A. Purcigliotti with JURY DEMAND.Document filed by Moustapha Magassouba. Related document: #1 Complaint.(sc)
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Pro Se Payment of Fee Processed: Payment $402.00 processed by the Finance Department on 12/23/2020, Receipt Number 465401271071. (gp)
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Filing 1
COMPLAINT against Cascione, Purcigliotti, & Galluzzi, P.C., Michael J. Galluzzi, Thomas G. Glascione, Kelly L. Marta, Robert A. Purcigliotti. Document filed by Moustapha Magassouba.(rdz)
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Case Designated ECF. (rdz)
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