Britvec et al v. The City Of New York , et al
| Trevor Britvec, Benjamin Kudler, Margaret Hewitt, Timothy Mahoney and Devin Maxine |
| The City Of New York,, Mayor Bill De Blasio, Commissioner Dermot Shea, Chief of Department Terence Monahan, First Name Unknown ("FNU") Costello, NYPD Officer Anthony Kahn, NYPD Officer Jeremy McGee, NYPD Detective FNU Sofolce and NYPD Members John and Jane Does 1-11 |
| 1:2021cv10759 |
| December 16, 2021 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
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| Magistrate Judge Jennifer Willis is so redesignated. (laq) |
Filing 18
ORDER denying #16 Letter Motion for Discovery. 1. These two actions are consolidated solely for discovery and discovery-related pretrial proceedings. Papers relating to both such actions shall bear both captions. 2. After consultation and agreement with Judge McMahon, the plaintiffs' applications (21-cv-10759, Dkt. 16; 21-cv-10832, Dkt. 19) to transfer these actions to Judge McMahon for consolidated or coordinated proceedings with certain cases pending before her are denied. 3. Counsel are urged to coordinate discovery in these actions with discovery in the cases before Judge McMahon to the extent that such coordination would be helpful and appropriate and to do so without the need for judicial intervention. In the event any party seeks judicial intervention in service of that goal, Judge McMahon and the undersigned are amenable to considering appropriate applications where agreement cannot be achieved. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/31/2022) (mml) Modified on 1/31/2022 (mml).
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| Filing 17 LETTER addressed to Judge Lewis A. Kaplan from Richard Bahrenburg dated January 28, 2022 re: Opposing Consolidation. Document filed by The City Of New York,..(Bahrenburg, Richard) |
| Filing 16 LETTER MOTION for Discovery regarding potential relatedness addressed to Judge Lewis A. Kaplan from Gideon Orion Oliver dated January 24, 2022. Document filed by Trevor Britvec, Margaret Hewitt, Benjamin Kudler, Timothy Mahoney, Devin Maxine..(Oliver, Gideon) |
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Filing 15
ORDER granting #14 Letter Motion to Substitute Attorney. Added attorney Richard Bahrenburg for Bill De Blasio,Richard Bahrenburg for Dermot Shea,Richard Bahrenburg for The City Of New York. Attorney Andrew Galway Owen terminated (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis)
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| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Initial Pretrial Conference held on 1/20/2022 via Teams video-conference. Plaintiff to submit a letter regarding potentially related cases by 1/24/2022. City Law Department will file a letter response by 1/28/2022.No court reporter was present. (Mohan, Andrew) |
| Filing 14 LETTER MOTION to Substitute Attorney. Old Attorney: Andrew Owen, New Attorney: Richard Bahrenburg addressed to Judge Lewis A. Kaplan from Andrew Owen dated 1/10/22. Document filed by The City Of New York,..(Owen, Andrew) |
| Filing 13 NOTICE OF APPEARANCE by Richard Bahrenburg on behalf of The City Of New York,..(Bahrenburg, Richard) |
| Filing 12 SUMMONS RETURNED EXECUTED. NYPD Detective FNU Sofolce served on 12/28/2021, answer due 1/18/2022. Service was accepted by Willie Middleton. Document filed by Margaret Hewitt; Benjamin Kudler; Trevor Britvec; Timothy Mahoney; Devin Maxine..(Massimi, Jessica) |
| Filing 11 SUMMONS RETURNED EXECUTED. Jeremy McGee served on 12/28/2021, answer due 1/18/2022. Service was accepted by Officer Canneliz. Document filed by Margaret Hewitt; Benjamin Kudler; Trevor Britvec; Timothy Mahoney; Devin Maxine..(Massimi, Jessica) |
| Filing 10 SUMMONS RETURNED EXECUTED. Anthony Kahn served on 12/28/2021, answer due 1/18/2022. Service was accepted by Officer Canneliz. Document filed by Margaret Hewitt; Benjamin Kudler; Trevor Britvec; Timothy Mahoney; Devin Maxine..(Massimi, Jessica) |
| Filing 9 NOTICE OF APPEARANCE by Jessica Massimi on behalf of Trevor Britvec, Margaret Hewitt, Benjamin Kudler, Timothy Mahoney, Devin Maxine..(Massimi, Jessica) |
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Filing 8
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE. This action is withdrawn from participation in Local Civil Rule 83.10. (Signed by Judge Lewis A. Kaplan on 12/20/21) (yv) Transmission to Mediation Clerk for processing.
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Filing 7
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: 1. Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. 2. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file by 1/13/2022 a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a video-conference invite will be emailed to counsel setting a video-conference on 1/20/2022 at 2:30 PM. ( Initial Conference set for 1/20/2022 at 02:30 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 12/20/21) (yv)
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| Filing 6 NOTICE OF APPEARANCE by Elena Louisa Cohen on behalf of Trevor Britvec, Margaret Hewitt, Benjamin Kudler, Timothy Mahoney, Devin Maxine..(Cohen, Elena) |
| Filing 5 NOTICE OF APPEARANCE by Remy Green on behalf of Trevor Britvec, Margaret Hewitt, Benjamin Kudler, Timothy Mahoney, Devin Maxine..(Green, Remy) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 Andrew Galway Owen. The following case opening statistical information was erroneously selected/entered: Jury Demand code b (Both);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant);. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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 Designated ECF. (jgo) |
| NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) : Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(jpt) |
| Filing 4 AFFIDAVIT OF SERVICE of Notice of Removal and Civil Cover Sheet served on plaintiffs, Costello and Monahan on 12/16/21. Service was made by Mail. Document filed by Bill De Blasio, Dermot Shea, The City Of New York,..(Owen, Andrew) |
| Filing 3 NOTICE OF APPEARANCE by Gideon Orion Oliver on behalf of Trevor Britvec, Margaret Hewitt, Benjamin Kudler, Timothy Mahoney, Devin Maxine..(Oliver, Gideon) |
| Filing 2 CIVIL COVER SHEET filed..(Owen, Andrew) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 158182/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25477148).Document filed by The City Of New York,, Bill De Blasio, Dermot Shea. (Attachments: #1 Exhibit Summons & complaint, #2 Exhibit Consent to Removal, #3 Exhibit Answer).(Owen, Andrew) |
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