Rodriguez v. The City Of New York , et al
| Modesto Rodriguez |
| The City Of New York,, Warden Steven Bastian, Officer Michelle Gonzalez, Antoinette Douglas and Lachonda Lucas |
| 1:2021cv08565 |
| October 19, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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Filing 37
RULE 56.1 STATEMENT. Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
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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)
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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)
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Filing 34
MOTION for Summary Judgment on immunity., MOTION to Dismiss . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
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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)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by The City Of New York,..(Singh, Shefali)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time. OK.. (Signed by Judge Colleen McMahon on 4/14/2022) (kv)
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Set/Reset Deadlines: Motions due by 5/4/2022. Responses due by 6/3/2022 Replies due by 6/17/2022. (kv)
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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)
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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)
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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)
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Filing 27
MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss . . Document filed by Modesto Rodriguez..(Rickner, Robert)
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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)
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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)
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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).
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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)
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Filing 23
FIRST MOTION for Summary Judgment . Document filed by Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
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Filing 22
MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by The City Of New York,..(Singh, Shefali)
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Filing 21
MOTION to Dismiss . Document filed by The City Of New York,..(Singh, Shefali)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: The City Of New York, answer due 2/17/2022. (kv)
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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)
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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)
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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)
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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)
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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)
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Filing 9
NOTICE OF APPEARANCE by Shefali Tina Singh on behalf of Steven Bastian, The City Of New York,..(Singh, Shefali)
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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)
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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)
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Filing 6
NOTICE OF APPEARANCE by David Cheng on behalf of Antoinette Douglas, Michelle Gonzalez, Lachonda Lucas..(Cheng, David)
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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)
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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)
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Filing 3
NOTICE OF APPEARANCE by Robert Howard Rickner on behalf of Modesto Rodriguez..(Rickner, Robert)
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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)
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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)
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Case Designated ECF. (gp)
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Filing 2
CIVIL COVER SHEET filed..(Cheng, David)
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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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