Crespo et al v. Franco et al
| Edwin Crespo, Donte Smiley, Tony Serrano, Jose Santiago, Sidney Wray and Anthony Washington |
| Joseph Franco and City of New York |
| 1:2022cv07345 |
| August 29, 2022 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 26 SUMMONS RETURNED EXECUTED. Service was accepted by Georgia Bono, General Agent. Document filed by Anthony Washington, Jose Santiago, Edwin Crespo, Tony Serrano, Donte Smiley, Sidney Wray..(Spence, Renee) |
Filing 25
ORDER granting #24 Motion for Renee Spence to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Renee Spence to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26698136. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 24 MOTION for Renee Spence to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26698136. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray. (Attachments: #1 Affidavit for Pro Hac Vice, #2 Text of Proposed Order for Pro Hac Vice).(Spence, Renee) |
| Filing 23 NOTICE OF APPEARANCE by Elissa Beth Jacobs on behalf of City of New York..(Jacobs, Elissa) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #22 MOTION for Renee Spence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26698136. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida (we do not accept from State Bar). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Renee Spence to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26698136. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray. (Attachments: #1 Affidavit for Pro Hac Vice, #2 Text of Proposed Order for Pro Hac Vice).(Spence, Renee) Modified on 9/20/2022 (sgz). |
| Filing 21 SUMMONS RETURNED EXECUTED. City of New York served on 9/9/2022, answer due 9/30/2022. Document filed by Anthony Washington; Jose Santiago; Edwin Crespo; Tony Serrano; Donte Smiley; Sidney Wray..(Popkin, Kelly) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Joseph Franco. (vf) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to City of New York. (vf) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Franco, re: #10 Amended Complaint. Document filed by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray..(Popkin, Kelly) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #10 Amended Complaint. Document filed by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray..(Popkin, Kelly) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kelly Jo Popkin to RE-FILE Document No. #16 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; each summons request must be filed separately or one summons request may be filed listing all of the party names on the PDF 'To' section or attaching a rider;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 16 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Franco and City of New York, re: #10 Amended Complaint. Document filed by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray..(Popkin, Kelly) Modified on 9/8/2022 (jgo). |
| Filing 15 NOTICE OF APPEARANCE by Kelly Jo Popkin on behalf of Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray..(Popkin, Kelly) |
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Filing 14
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, February 6, 2023 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The call-in information for all teleconferences is: Dial-in: (888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 2/6/2023 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 9/01/2022) (ama)
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| 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 13 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-04379. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge James L. Cott 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Cathy Seibel is no longer assigned to the case. (aea) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Cathy Seibel. 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..(vba) |
| Case Designated ECF. (vba) |
| Magistrate Judge Andrew E. Krause 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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Filing 12
ORDER granting #11 Motion to Change Venue -- GRANTED. Local Rule 83.1 is waived. Ordered by Judge Eric R. Komitee on 8/25/2022. (Guy, Alicia) [Transferred from New York Eastern on 8/29/2022.]
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| Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Guy, Alicia) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 11 MOTION to Change Venue , unopposed by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray. (Hamilton, Danielle) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 10 AMENDED COMPLAINT against City of New York, Joseph Franco, filed by Anthony Washington, Tony Serrano, Donte Smiley, Edwin Crespo, Jose Santiago, Sidney Wray. (Hamilton, Danielle) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 9 APPROVED re #8 Motion for Refund of Fees Paid Electronically. The over payment of the filing fee has been confirmed. The $402 filing fee; Receipt No. ANYEDC-15782230 is to be refunded. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Administrative Manager 8/11/2022. (forwarded for processing) (Lee, Tiffeny) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 8 MOTION for Refund of Fees Paid Electronically for Complaint by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray. (Attachments: #1 Receipts) (Hamilton, Danielle) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15830087. by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray. (Attachments: #1 Affidavit) (Loevy, Jon) [Transferred from New York Eastern on 8/29/2022.] |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Attorney Jon Loevy is permitted to appear pro hac vice on behalf of Plaintiffs. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 8/10/2022. (O'Neil-Berven, Ryan) [Transferred from New York Eastern on 8/29/2022.]
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| Filing 6 Summons Issued as to Joseph Franco. (Galeano, Sonia) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 5 Proposed Summons. by Edwin Crespo, Jose Santiago, Tony Serrano, Donte Smiley, Anthony Washington, Sidney Wray (Hamilton, Danielle) [Transferred from New York Eastern on 8/29/2022.] |
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Filing 4
SCHEDULING ORDER: An Initial Conference will be held in this case on November 10, 2022 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. By November 4, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs' counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 7/27/2022. (O'Neil-Berven, Ryan) [Transferred from New York Eastern on 8/29/2022.]
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 8/29/2022.] |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 8/29/2022.] |
| Filing 1 COMPLAINT against City of New York, Joseph Franco, other as yet identified officers of the New York Police Department filing fee $ 402, receipt number BNYEDC-15782230 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Anthony Washington, Jose Santiago, Edwin Crespo, Tony Serrano, Donte Smiley, Sidney Wray. (Attachments: #1 Civil Cover Sheet) (Hamilton, Danielle) [Transferred from New York Eastern on 8/29/2022.] |
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