Acosta et al v. City of New York et al
| Eric Matos and Danny Acosta |
| NYPD Dept. Advocate's Office, John Doe NYPD Officers #1-5, City of New York and NYPD |
| 1:2021cv01144 |
| February 9, 2021 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 40 EXHIBIT TO PLEADING re: #35 Amended Complaint,. Document filed by Eric Matos..(Martin, William) |
Filing 39
MEMO ENDORSEMENT on re: #38 LETTER addressed to Judge Sidney H. Stein from William T. Martin dated 04-05-2021 re: Leave to file First Amended Complaint. Document filed by Eric Matos. ENDORSEMENT: Plaintiff's request to file the amended complaint is granted. So ordered. (Signed by Judge Sidney H. Stein on 4/6/2021) (rjm)
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| Filing 38 LETTER addressed to Judge Sidney H. Stein from William T. Martin dated 04-05-2021 re: Leave to file First Amended Complaint. Document filed by Eric Matos..(Martin, William) |
| Filing 37 FIRST LETTER MOTION to Stay discovery addressed to Judge Sidney H. Stein from Kami Z. Barker dated April 5, 2021. Document filed by City of New York, NYPD, NYPD Dept. Advocate's Office..(Barker, Kami) |
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Filing 36
ORDER: The Court held a hearing today in this matter, on the record and with all parties participating. At the conclusion of oral argument, the Court denied plaintiff's motion for a preliminary injunction, see ECF Nos. 19-20, on the grounds that abstention is warranted by Younger v. Harris, 401 U.S. 37 (1971). Accordingly, the parties are HEREBY ORDERED to confer and submit a schedule for the continuation of this action, including a schedule for discovery, to this Court in writing on or before April 7, 2021. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/31/2021) (ama)
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| Filing 35 AMENDED COMPLAINT amending #19 Amended Complaint, #11 Amended Complaint, against City of New York, John Doe NYPD Officers #1-5, NYPD, NYPD Dept. Advocate's Office with JURY DEMAND.Document filed by Eric Matos. Related document: #19 Amended Complaint, #11 Amended Complaint,..(Martin, William) Modified on 4/1/2021 (jgo). Modified on 4/7/2021 (pc). |
| Minute Entry for proceedings held before Judge Sidney H. Stein: hearing held by video conference on plaintiff's motion for a preliminary injunction on 3/31/2021. Counsel for all parties participated. (lab) |
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Filing 34
ORDER: The hearing scheduled for March 31, 2021, at 12:00 p.m. will proceed as a video conference using the Skype for Business platform. The Skype link will be emailed to all parties. To optimize use of the Court's video conferencing technology, all participants in the call must: Use a browser other than Microsoft Explorer to access Skype for Business; Position the participant's device as close to the WiFi router as is feasible; Ensure any others in the participant's household are not using WiFi during the period of the call;Unless the participant is using a mobile telephone to access Skype for Business, connect to audio by having the system call the participant; andIf there is ambient noise, the participant must mute his or her device when not speaking. Co-counsel, members of the press, and the public may access the audio feed of the conference by dialing 917-933-2166 and entering the Participant Code 302404886. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/29/2021) (ama)
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| Filing 33 MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction ., #5 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . . Document filed by Eric Matos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Martin, William) |
| Filing 32 DECLARATION of William T, Martin in Support re: #4 MOTION for Preliminary Injunction ., #5 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause .. Document filed by Eric Matos..(Martin, William) |
| Filing 31 MEMORANDUM OF LAW in Opposition re: #5 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . . Document filed by Eric Matos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Martin, William) |
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Filing 30
AMENDED ORDER: IT IS HEREBY ORDERED that plaintiff Danny Acosta, not Eric Matos, is dismissed as a plaintiff in this action. This order replaces Order No. 29. (As further set forth in this order.) Danny Acosta terminated. (Signed by Judge Sidney H. Stein on 3/23/2021) (cf)
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Filing 29
ORDER. For the reasons set forth on the record at a telephone conference with all parties participating on February 10, 2021, IT IS HEREBY ORDERED that plaintiff Eric Matos is dismissed as a plaintiff in this action. So ordered. Eric Matos terminated. (Signed by Judge Sidney H. Stein on 3/23/2021) (rjm)
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Filing 28
ORDER. IT IS HEREBY ORDERED that the show cause hearing scheduled for March 31, 2021, will be held at 12:00 p.m., not 1:00 p.m. So ordered. (Show Cause Hearing set for 3/31/2021 at 12:00 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/22/2021) (rjm)
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| Filing 27 FIRST MEMORANDUM OF LAW in Opposition re: #4 MOTION for Preliminary Injunction ., #5 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . . Document filed by City of New York, NYPD, NYPD Dept. Advocate's Office..(Barker, Kami) |
| Filing 26 DECLARATION of Kami Z. Barker in Opposition re: #4 MOTION for Preliminary Injunction ., #5 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause .. Document filed by City of New York, NYPD, NYPD Dept. Advocate's Office. (Attachments: #1 Exhibit A - Matos' redacted PPR, #2 Exhibit B - Matos' charges & specs, #3 Exhibit C - March 2, 2021 Court Conference Transcript, #4 Exhibit D - February 10, 2021 Court Conference Transcript, #5 Exhibit E - ADA Gregg Brown Declaration, #6 Exhibit F - Trial Room Calendar Screenshots, #7 Exhibit G - Email Correspondence Post Trial Room Hearing).(Barker, Kami) |
| Filing 25 LETTER addressed to Judge Sidney H. Stein from William T. Martin dated 3-11-2021 re: Short Stay of Proceedings. Document filed by Eric Matos..(Martin, William) |
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Filing 24
MEMO ENDORSEMENT on re: #23 Letter filed by Eric Matos. The Order dated March 10, 2021 [Doc. No. 22] provides adequate guidance to the parties. That Order did not grant a T.R.O. (Signed by Judge Sidney H. Stein on 3/11/2021) (lab)
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| Filing 23 LETTER addressed to Judge Sidney H. Stein from William T. Martin dated 3-11-2021 re: Immediate Stay of proceedings. Document filed by Eric Matos. (Attachments: #1 Exhibit email correspondence).(Martin, William) |
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Filing 22
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. Upon the annexed motion the statement under penalty of perjury by William T. Martin (Doc 20-1) and upon the exhibits attached the First Amended Complaint (Doc 19) filed on March 9, 2021 hereto, it is hereby ORDERED, that the above named defendant show cause before a motion term of this Court, at Courtroom 23A, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on March 31, 2021, at 1pm, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant during the pendency of a criminal proceeding in the Richmond County, Ind. No. #2171-2018 from proceeding with a Departmental Trial of the plaintiff before the NYPD Trial Bureau to be conducted by the NYPD Department Advocate's office scheduled for March 11, 2021: and it is further Ordered that defendants shall respond to the motion or before March 19 and plaintiffs shall reply on or before March 25, 2021, and as further set forth in this Order to Show Cause for Preliminary Injunction. (Show Cause Hearing set for 3/31/2021 at 01:00 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Replies due by 3/25/2021.) (Show Cause Response due by 3/19/2021.) (Signed by Judge Sidney H. Stein on 3/10/2021) (rjm)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William Theodore Martin to RE-FILE Document No. #19 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 21 FIRST LETTER addressed to Judge Sidney H. Stein from Kami Z. Barker dated March 9, 2021 re: plaintiff's untimely First Amended Complaint and OTSC. Document filed by City of New York, NYPD, NYPD Dept. Advocate's Office. (Attachments: #1 Exhibit A - Transcript of March 2, 2021 Conference).(Barker, Kami) |
| Filing 20 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Eric Matos. (Attachments: #1 Exhibit Memo of Law in Support) Related Document Number: #11 ..(Martin, William) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 19 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #11 Amended Complaint against All Defendants.Document filed by Eric Matos. Related document: #11 Amended Complaint. (Attachments: #1 Exhibit DISCIPLIN nypd 2018, #2 Exhibit KEVIN'S AFF'D, #3 Exhibit N.Y. Post Article, #4 Exhibit New York Daily News Article).(Martin, William) Modified on 3/10/2021 (sj). |
| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/10/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 17 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/10/2021 before Judge Sidney H. Stein. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2021. Redacted Transcript Deadline set for 4/9/2021. Release of Transcript Restriction set for 6/7/2021..(McGuirk, Kelly) |
| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/2/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 15 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/2/2021 before Judge Sidney H. Stein. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021..(McGuirk, Kelly) |
| Filing 14 SECOND LETTER addressed to Judge Sidney H. Stein from Kami Z. Barker dated March 2, 2021 re: Plaintiff's March 1, 2021 Letter, Dkt. No. 12. Document filed by City of New York, NYPD, NYPD Dept. Advocate's Office. (Attachments: #1 Exhibit A - Transcript of February 10, 2021 Court Conference).(Barker, Kami) |
| Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 3/2/2021. Counsel for all parties participated. (lab) |
| Filing 13 FIRST LETTER addressed to Judge Sidney H. Stein from Kami Z. Barker dated March 1, 2021 re: Plaintiff's March 1, 2021 Letter, Dkt. No. 12. Document filed by City of New York, NYPD, NYPD Dept. Advocate's Office. (Attachments: #1 A - email from Mr. Martin, #2 B - reply email from Ms. Barker, #3 C - email from Mr. Martin, #4 D - reply email from Ms. Barker).(Barker, Kami) |
| Filing 12 LETTER addressed to Judge Sidney H. Stein from William T. Martin dated 3/1/2021 re: NYPD Proceeding to Trial. Document filed by Eric Matos. (Attachments: #1 Exhibit A, #2 Exhibit B).(Martin, William) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William Theodore Martin to RE-FILE Document No. #11 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #2 Complaint against All Defendants.Document filed by Eric Matos. Related document: #2 Complaint. (Attachments: #1 Exhibit A).(Martin, William) Modified on 2/24/2021 (jgo). |
| Filing 10 LETTER addressed to Judge Sidney H. Stein from William T. Martin dated February 12, 2021 re: Adjournment of date. Document filed by Eric Matos..(Martin, William) |
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Filing 9
ENDORSED LETTER addressed to Judge Sidney H. Stein from William T. Martin dated 2/12/2021 re: I would request the opportunity to file the amended complaint by March 2d. ENDORSEMENT: The last day for plaintiff to file an amended complaint is March 2, 2021. So ordered. (Amended Pleadings due by 3/2/2021.) (Signed by Judge Sidney H. Stein on 2/16/2021) (rjm). Modified on 2/23/2021 (rjm).
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| Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 2/10/2021 regarding plaintiffs' motions. Counsel for all parties participated. (lab) |
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Filing 8
ORDER denying as moot #4 Motion for Preliminary Injunction; denying as moot #5 Motion for TRO; denying as moot #5 Motion for Order to Show Cause. IT IS HEREBY ORDERED that: 1. The motion for a preliminary injunction [Doc. No. 4] and the motion for a temporary restraining order [Doc. No. 5], are dismissed as moot; and 2. The plaintiff is directed to file an amended complaint on or before February 19, 2021. (Signed by Judge Sidney H. Stein on 2/10/2021) (nb)
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Filing 7
ORDER: IT IS HEREBY ORDERED that the Court will hold a hearing on plaintiffs' application for a temporary restraining order and order to show cause [Doc. No. 5], via telephone, on Wednesday, February 10, 2021, at 4:00 p.m. The parties shall dial 888-273-3658 and use access code 7004275 to join the hearing., (Telephone Conference set for 2/10/2021 at 04:00 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 2/9/2021) (nb)
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| Set/Reset Deadlines: Amended Pleadings due by 2/19/2021. (nb) |
| Filing 6 CIVIL COVER SHEET filed..(Martin, William) |
| Filing 5 MOTION for Temporary Restraining Order ., MOTION for Order to Show Cause . Document filed by Danny Acosta, Eric Matos..(Martin, William) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 4 MOTION for Preliminary Injunction . Document filed by Danny Acosta, Eric Matos. (Attachments: #1 Text of Proposed Order).(Martin, William) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Martin, William) Modified on 2/9/2021 (jgo). |
| Filing 2 COMPLAINT against City of New York, JOHN DOE # 1 - 5, NYPD DEPT. ADVOCATE, New York Police Department. Document filed by Danny Acosta, Eric Matos..(Martin, William) |
| Filing 1 NOTICE OF APPEARANCE by Kami Zumbach Barker on behalf of City of New York, NYPD DEPT. ADVOCATE, New York Police Department..(Barker, Kami) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-23872512, paid on 2/9/2021..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Theodore Martin. The party information for the following party/parties has been modified: Danny Acosta; Eric Matos; City of New York; New York Police Department; NYPD DEPT. ADVOCATE; JOHN DOE # 1 - 5. The information for the party/parties has been modified for the following reason/reasons: pparty name contained a typographical error; party name was entered in all caps; party role was entered incorrectly;. (jgo) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Theodore Martin. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983; the County code has been modified to Bronx;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William Theodore Martin to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
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