Rodriguez v. The City Of New York , et al
Plaintiff: Modesto Rodriguez
Defendant: The City Of New York,, Warden Steven Bastian, Officer Michelle Gonzalez, Antoinette Douglas and Lachonda Lucas
Case Number: 1:2021cv08565
Filed: October 19, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2022 Opinion or Order Filing 44 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss . . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
June 10, 2022 Opinion or Order Filing 43 LETTER addressed to Judge Colleen McMahon from Stephanie Panousieris dated June 10, 2022 re: Request for Oral Argument on the State Defendants' Motion. Document filed by Modesto Rodriguez..(Panousieris, Stephanie)
June 10, 2022 Opinion or Order Filing 42 RESPONSE in Opposition to Motion re: #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss . PLAINTIFF'S RESPONSE TO STATE DEFENDANTS' L.R. 56.1 STATEMENT AND COUNTER STATEMENT PURSUANT TO L.R. 56.1. Document filed by Modesto Rodriguez..(Panousieris, Stephanie)
June 10, 2022 Opinion or Order Filing 41 AFFIRMATION of Stephanie Panousieris in Opposition re: #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss .. Document filed by Modesto Rodriguez. (Attachments: #1 Exhibit Habeas Decision & Order, #2 Exhibit Habeas Petition, #3 Exhibit Hearing Transcript, #4 Exhibit Jones Complaint, #5 Exhibit Jones Stipulation & Order, #6 Exhibit Deposition Excerpts).(Panousieris, Stephanie)
June 10, 2022 Opinion or Order Filing 40 MEMORANDUM OF LAW in Opposition re: #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss . . Document filed by Modesto Rodriguez..(Panousieris, Stephanie)
June 1, 2022 Opinion or Order Filing 39 ORDER granting #38 Letter Motion for Extension of Time to File Response/Reply re #38 CONSENT LETTER MOTION for Extension of Time to File Response/Reply - Opposition to Motion for Summary Judgment re: Qualified Immunity addressed to Judge Colleen McMahon from Rob Rickner dated 5/31/2022., #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss . APPLICATION GRANTED. SO ORDERED.Responses due by 6/10/2022 Replies due by 6/24/2022. (Signed by Judge John G. Koeltl (Part 1) on 6/1/2022) (tg) Modified on 6/1/2022 (tg).
May 31, 2022 Opinion or Order Filing 38 CONSENT LETTER MOTION for Extension of Time to File Response/Reply - Opposition to Motion for Summary Judgment re: Qualified Immunity addressed to Judge Colleen McMahon from Rob Rickner dated 5/31/2022. Document filed by Modesto Rodriguez..(Rickner, Robert)
May 4, 2022 Opinion or Order Filing 37 RULE 56.1 STATEMENT. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
May 4, 2022 Opinion or Order Filing 36 DECLARATION of David T. Cheng in Support re: #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss .. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas. (Attachments: #1 Exhibit Ex. A - court file, #2 Exhibit Ex. B - State court decision, #3 Exhibit Ex. C - plaintiff deposition excerpts, #4 Exhibit Ex. D - preliminary parole revocation hearing transcript).(Cheng, David)
May 4, 2022 Opinion or Order Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment on immunity. MOTION to Dismiss . . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas. (Attachments: #1 Supplement Local Rule 56.1 statement).(Cheng, David)
May 4, 2022 Opinion or Order Filing 34 MOTION for Summary Judgment on immunity., MOTION to Dismiss . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
April 21, 2022 Opinion or Order Filing 33 AFFIDAVIT of Benjamin Lee in Support re: #21 MOTION to Dismiss .. Document filed by The City Of New York,. (Attachments: #1 Exhibit A).(Singh, Shefali)
April 21, 2022 Opinion or Order Filing 32 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by The City Of New York,..(Singh, Shefali)
April 14, 2022 Opinion or Order Filing 31 ORDER granting #30 Letter Motion for Extension of Time. OK.. (Signed by Judge Colleen McMahon on 4/14/2022) (kv)
April 14, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 5/4/2022. Responses due by 6/3/2022 Replies due by 6/17/2022. (kv)
April 12, 2022 Opinion or Order Filing 30 FIRST LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from David T. Cheng dated April 12, 2022. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
April 8, 2022 Opinion or Order Filing 29 ORDER granting #28 Letter Motion for Extension of Time to File Response/Reply re #28 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to the City of New York's Motion to Dismiss addressed to Judge Colleen McMahon from Shefali T. Singh dated 4/06/2022. Extension granted. Replies due by 4/21/2022.. (Signed by Judge Colleen McMahon on 4/8/2022) (kv)
April 6, 2022 Opinion or Order Filing 28 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to the City of New York's Motion to Dismiss addressed to Judge Colleen McMahon from Shefali T. Singh dated 4/06/2022. Document filed by The City Of New York,..(Singh, Shefali)
April 4, 2022 Opinion or Order Filing 27 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss . . Document filed by Modesto Rodriguez..(Rickner, Robert)
March 4, 2022 Opinion or Order Filing 26 ORDER VACATING MARCH 2 ORDER AND SETTING BRIEFING SCHEDULE: IT IS HEREBY ORDERED that this Court's March 2, 2022 order is hereby modified by striking therefrom any requirement that the City provide Plaintiffs counsel with retired Warden Steven Bastian's last known address (Docket 25); and IT IS FURTHER ORDERED that the following deadlines be entered: Plaintiffs opposition to the City of New York's pending motion to dismiss shall be filed by April 2, 2022; The State Defendants' motion to dismiss on the grounds of qualified immunity shall be served no later than April 20, 2022; Plaintiffs opposition to the State Defendants' motion shall be served no later than May 20, 2022; and The State Defendants' reply shall be served no later than June 3, 2022. BY ECF TO ALL PARTIES (Responses due by 4/2/2022) (Signed by Judge Colleen McMahon on 3/4/2022) (jca)
March 3, 2022 Opinion or Order Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 3/3/2022. Decision: Initial conference with parties held via telephone. Plaintiffs deposition currently scheduled for March 17, 2022. Per Judge McMahons Individual Rule V(E)(4), Defendants motion to dismiss due April 20, 2022. Plaintiffs opposition due May 20, 2022. Defendants reply due June 3, 2022. Defendant City of New York agreed to accept service on behalf of defendant Warden Steven Bastian and made oral request that Court vacate March 2, 2022 order that City provide Wardens last known address (Docket 25). Order to issue. Submitted by: Caroline Fish. (mde)
March 2, 2022 Opinion or Order Filing 25 Vacated as per Judge's Order dated 3/4/2022, Doc. #26 ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply re #24 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Rob Rickner dated 3/1/2022. OK - City to provide Warden Bastian's last known address (to include any address at which he may be receiving payments from the City) and extension granted. Responses due by 4/2/2022. (Signed by Judge Colleen McMahon on 3/2/2022) (kv) Modified on 3/4/2022 (jca).
March 1, 2022 Opinion or Order Filing 24 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Rob Rickner dated 3/1/2022. Document filed by Modesto Rodriguez..(Rickner, Robert)
February 17, 2022 Opinion or Order Filing 23 FIRST MOTION for Summary Judgment . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
February 17, 2022 Opinion or Order Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by The City Of New York,..(Singh, Shefali)
February 17, 2022 Opinion or Order Filing 21 MOTION to Dismiss . Document filed by The City Of New York,..(Singh, Shefali)
February 2, 2022 Opinion or Order Filing 20 ORDER granting #19 Letter Motion to Adjourn Conference. Conference adjourned to 3/3/2022 at 11:00am. Initial Conference set for 3/3/2022 at 11:00 AM before Judge Colleen McMahon.. (Signed by Judge Colleen McMahon on 2/2/2022) (kv)
February 1, 2022 Opinion or Order Filing 19 LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from David T. Cheng dated February 1, 2022. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
January 28, 2022 Opinion or Order Filing 18 CALENDAR NOTICE: Please take notice that the above captioned matter has been re-scheduled for a: Rule (16) conference on Thursday, February 3, 2022 at 10:00 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. Initial Conference set for 2/3/2022 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/28/2022) (kv)
January 13, 2022 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply re #16 FIRST LETTER MOTION for Extension of Time to File Response/Reply to the Amended Complaint addressed to Judge Colleen McMahon from David T. Cheng dated January 12, 2022. OK, extension granted.. (Signed by Judge Colleen McMahon on 1/13/2022) (kv)
January 13, 2022 Opinion or Order Set/Reset Deadlines: Steven Bastian answer due 2/17/2022; Antoinette Douglas answer due 2/17/2022; Michelle Gonzalez answer due 2/17/2022; Lachonda Lucas answer due 2/17/2022. (kv)
January 12, 2022 Opinion or Order Filing 16 FIRST LETTER MOTION for Extension of Time to File Response/Reply to the Amended Complaint addressed to Judge Colleen McMahon from David T. Cheng dated January 12, 2022. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
January 12, 2022 Opinion or Order Filing 15 ORDER granting #14 Letter Motion for Extension of Time to File Response/Reply re #14 LETTER MOTION for Extension of Time to File Response/Reply as to #10 Amended Complaint addressed to Judge Colleen McMahon from Shefali T. Singh dated 1/11/2022. Extension granted.. (Signed by Judge Colleen McMahon on 1/12/2022) (kv)
January 12, 2022 Opinion or Order Set/Reset Deadlines: The City Of New York, answer due 2/17/2022. (kv)
January 11, 2022 Opinion or Order Filing 14 LETTER MOTION for Extension of Time to File Response/Reply as to #10 Amended Complaint addressed to Judge Colleen McMahon from Shefali T. Singh dated 1/11/2022. Document filed by The City Of New York,..(Singh, Shefali)
January 5, 2022 Opinion or Order Filing 13 ORDER granting #8 Letter Motion for Extension of Time to File Response/Reply re #8 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Rob Rickner dated 12/28/2021. Extension granted. (Signed by Judge Colleen McMahon on 1/5/2022) (vfr)
January 5, 2022 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #11 Letter filed by Michelle Gonzalez, Antoinette Douglas, Lachonda Lucas. ENDORSEMENT: Due to a scheduling conflict the conference will be adjourned to 1/27/22 at 11:00 a.m. ( Initial Conference set for 1/27/2022 at 11:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 1/5/2022) (vfr)
January 4, 2022 Opinion or Order Filing 11 FIRST LETTER addressed to Judge Colleen McMahon from David T. Cheng dated January 4, 2022 re: Case conference on 1/6/22. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
December 31, 2021 Opinion or Order Filing 10 FIRST AMENDED COMPLAINT against Steven Bastian, Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas, The City Of New York, with JURY DEMAND.Document filed by Modesto Rodriguez..(Rickner, Robert)
December 30, 2021 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Shefali Tina Singh on behalf of Steven Bastian, The City Of New York,..(Singh, Shefali)
December 28, 2021 Opinion or Order Filing 8 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Rob Rickner dated 12/28/2021. Document filed by Modesto Rodriguez..(Rickner, Robert)
December 17, 2021 Opinion or Order Filing 7 FIRST MOTION to Dismiss . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas. (Attachments: #1 Memo of Law, #2 Cheng Affirmation, #3 Exhibit Ex. A - preliminary hearing transcript, #4 Exhibit Ex. B - Violation of Release Report).(Cheng, David)
December 17, 2021 Opinion or Order Filing 6 NOTICE OF APPEARANCE by David Cheng on behalf of Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
November 15, 2021 Opinion or Order Filing 5 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 1/6/2022 at 11:15 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (as further set forth herein). Initial Conference set for 1/6/2022 at 11:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 11/15/2021) (kv)
November 9, 2021 Opinion or Order Filing 4 FIRST LETTER MOTION for Extension of Time to respond to the complaint addressed to Magistrate Judge Ona T. Wang from David T. Cheng dated November 9, 2021. Document filed by Lachonda Lucas..(Cheng, David)
November 7, 2021 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Robert Howard Rickner on behalf of Modesto Rodriguez..(Rickner, Robert)
October 20, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(gp)
October 20, 2021 Opinion or Order Magistrate Judge Ona T. Wang 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. (gp)
October 20, 2021 Opinion or Order Case Designated ECF. (gp)
October 19, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Cheng, David)
October 19, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 808946-2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-25214253).Document filed by Lachonda Lucas. (Attachments: #1 Exhibit A - Lucas summons and complaint, #2 Exhibit B - Lucas affidavit of service, #3 Exhibit C - Gonzalez affidavit of service, #4 Exhibit D - Douglas affidavit of service, #5 Exhibit E - City affidavit of service, #6 Exhibit F - Douglas removal consent, #7 Exhibit G - Gonzalez removal consent, #8 Exhibit H - City removal consent).(Cheng, David)

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Search for this case: Rodriguez v. The City Of New York , et al
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Plaintiff: Modesto Rodriguez
Represented By: Robert Howard Rickner
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Defendant: The City Of New York,
Represented By: Shefali Tina Singh
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Defendant: Warden Steven Bastian
Represented By: Shefali Tina Singh
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Defendant: Officer Michelle Gonzalez
Represented By: David Cheng
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Defendant: Antoinette Douglas
Represented By: David Cheng
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Defendant: Lachonda Lucas
Represented By: David Cheng
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