Pearson v. City Of New York et al
| MR Lester Pearson and Lester Pearson |
| CITY OF NEW YORK, New York City Police Department, DARCEL CLARK, CHRISTINE SCACCIA, JOHN DODD, ESTATE OF DETECTIVE KEVIN TRACY, DANIEL RIVERA, JOHN DOES - 1 - 50, The New York City Department of Corrections, Detective John Dodd, Investigator Daniel Rivera, John Does (1-50) and New York City Department of Corrections |
| 1:2022cv10669 |
| December 19, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 vp Violation of Due Process and Equal Protection |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 8, 2024. A more recent docket listing may be available from PACER.
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time to Answer re #42 CONSENT LETTER MOTION for Extension of Time to File Answer re: #6 Complaint, addressed to Judge Colleen McMahon from Tobias E. Zimmerman dated January 20, 2023., #6 Complaint,. Extension granted. Conference will be rescheduled. (City Of New York answer due 4/17/2023.) (Signed by Judge Colleen McMahon on 1/20/23) (yv)
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| Filing 42 CONSENT LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,,, addressed to Judge Colleen McMahon from Tobias E. Zimmerman dated January 20, 2023. Document filed by City Of New York..(Zimmerman, Tobias) |
| Filing 41 AFFIDAVIT OF SERVICE of Initial Conference Scheduling Order served on CITY OF NEW YORK on January 15, 2023. Service was made by serviceECF@law.nyc.gov. Document filed by Lester Pearson..(Broderick, David) |
| Filing 40 AFFIDAVIT OF SERVICE. Daniel Rivera served on 12/27/2022, answer due 1/17/2023. Service was accepted by April Cohen. Document filed by Lester Pearson..(Broderick, David) |
| Filing 39 AFFIDAVIT OF SERVICE. Estate of Detective Kevin Tracy served on 12/27/2022, answer due 1/17/2023. Service was accepted by April Cohen. Document filed by Lester Pearson..(Broderick, David) |
| Filing 38 AFFIDAVIT OF SERVICE. John Dodd served on 12/27/2022, answer due 1/17/2023. Service was accepted by April Cohen. Document filed by Lester Pearson..(Broderick, David) |
| Filing 37 AFFIDAVIT OF SERVICE. New York City Police Department served on 12/27/2022, answer due 1/17/2023. Service was accepted by April Cohen. Document filed by Lester Pearson..(Broderick, David) |
| Filing 36 AFFIDAVIT OF SERVICE. City Of New York served on 12/27/2022, answer due 1/17/2023. Service was accepted by Sara Jean-Charles. Document filed by Lester Pearson..(Broderick, David) |
| Filing 35 AFFIDAVIT OF SERVICE. New York City Department of Corrections served on 12/27/2022, answer due 1/17/2023. Service was accepted by Sara Jean-Charles. Document filed by Lester Pearson..(Broderick, David) |
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Filing 34
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: 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 ECF 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 4/6/2023 at 11:45 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 4/6/2023 at 11:45 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/12/2023) (kv)
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| Filing 33 ELECTRONIC SUMMONS ISSUED as to Christine Scaccia..(sj) |
| Filing 32 ELECTRONIC SUMMONS ISSUED as to Daniel Rivera. (sj) |
| Filing 31 ELECTRONIC SUMMONS ISSUED as to Daniel Rivera. (sj) |
| Filing 30 ELECTRONIC SUMMONS ISSUED as to Estate of Detective Kevin Tracy. (sj) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to Estate of Detective Kevin Tracy. (sj) |
| Filing 28 ELECTRONIC SUMMONS ISSUED as to John Dodd. (sj) |
| Filing 27 ELECTRONIC SUMMONS ISSUED as to Christine Scaccia. (sj) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Darcel Clark. (sj) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Darcel Clark. (sj) |
| Filing 24 ELECTRONIC SUMMONS ISSUED as to New York City Department of Corrections..(sj) |
| Filing 23 ELECTRONIC SUMMONS ISSUED as to New York City Police Department. (sj) |
| Filing 22 ELECTRONIC SUMMONS ISSUED as to City Of New York. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Broderick to RE-FILE Document No. The filing is deficient for the following reason(s): Defendant as to whom the summons request is for must be listed in docket entry. 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Broderick to RE-FILE Document No. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B): a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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. (sj) |
| Filing 21 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to John Does (1-50) In Their Personal Capacity, re: #6 Complaint. Document filed by Lester Pearson.(Broderick, David) Modified on 12/21/2022 (sj). |
| Filing 20 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to John Does (1-50) In Their Professional Capacity, re: #6 Complaint. Document filed by Lester Pearson.(Broderick, David) Modified on 12/21/2022 (sj). |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Rivera In HIs Professional Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Rivera In His Personal Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Estate Of Detective Kevin Tracy In His Personal Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Estate of Detective Kevin Tracy In His Professional Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 15 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to In His Professional Capacity, re: #6 Complaint. Document filed by Lester Pearson..(Broderick, David) Modified on 12/21/2022 (sj). |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Detective John Dodd In His Personal Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Christine Scaccia In Her Personal Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Christine Scaccia In Her Professional Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Darcel Clark In His Professional Capacity, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to DARCEL CLARK IN HIS PERSONAL CAPACITY, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY DEPARTMENT OF CORRECTIONS, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to THE NEW YORK CITY POLICE DEPARTMENT, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: #6 Complaint,,,. Document filed by Lester Pearson..(Broderick, David) |
| Filing 6 COMPLAINT against Christine Scaccia, City Of New York, Darcel Clark, Daniel Rivera, Darcel Clark, John Dodd, Estate of Detective Kevin Tracy, Estate of Detective Kevin Tracy, John Dodd, John Does (1-50), John Does (1-50), New York City Department of Corrections, New York City Police Department, Daniel Rivera, Christine Scaccia. Document filed by Lester Pearson. (Attachments: #1 Exhibit February 8, 2000 N2deep article, #2 Exhibit February 15, 2000 - Poster-Boy Perp article, #3 Exhibit July 8, 2022 - Criminal Decision, #4 Exhibit June 7, 2022 - Scaccia Affirmation, #5 Exhibit America's Most Wanted Address of Video, #6 Exhibit March 19, 2019 - Washington Post Article, #7 Exhibit Fox News Article, #8 Exhibit June 10, 2022 - Criminal Decision, #9 Exhibit July 16, 2013 - Kevin Tracy hot head cop, #10 Exhibit 50a - org, #11 Exhibit July 15, 2013 - Article, #12 Exhibit Demoted DA article, #13 Exhibit Crystal Rivera Complaint).(Broderick, David) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. Document filed by Lester Pearson. (Attachments: #1 Exhibit February 8, 2000 - N2Deep Article, #2 Exhibit February 15, 2000 - Poster to Perp Article, #3 Exhibit July 8, 2022 - Criminal Judge Decision, #4 Exhibit June 7, 2022 - Scaccia Affirmation, #5 Exhibit America Most Wanted Address, #6 Exhibit March 19, 2019 - Washington Post Article, #7 Exhibit Fox News Article, #8 Exhibit June 10, 2022 Criminal Court Decision, #9 Exhibit July 16, 2013 - Tracy hot head article, #10 Exhibit 50 a complaint, #11 Exhibit NY Daily News Article, #12 Exhibit NY Post Scaccia Demoted, #13 Exhibit Crystal Rivera Complaint).(Broderick, David) Modified on 12/20/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Broderick to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The pleading title is not provided on PDF; all of the parties listed on the pleading were not entered on CM ECF in their professional capacities; the All Defendant radio button was selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 12/27/2022. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Broderick. The party information for the following party/parties has been modified: CITY OF NEW YORK; DARCEL CLARK, CHRISTINE SCACCIA, JOHN DODD, ESTATE OF DETECTIVE KEVIN TRACY, JOHN DOES - 1 - 50. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Broderick. The following case opening statistical information was erroneously selected/entered: Dollar Demand $100,000,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000. (vf) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Lester Pearson, Darcel Clark, Christine Scaccia, John Dodd, Estate of Detective Kevin Tracy, Daniel Rivera, John Does (1-50) added. Party added pursuant to #1 Complaint,,.Document filed by Lester Pearson. Related document: #1 Complaint,,..(Broderick, David) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Broderick to RE-FILE Document No. #5 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 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. (vf) |
| Magistrate Judge Sarah L. Cave 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. (vf) |
| Case Designated ECF. (vf) |
| 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..(vf) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NONE for Lester Pearson. Document filed by Lester Pearson..(Broderick, David) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lester Pearson..(Broderick, David) Modified on 12/19/2022 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Broderick, David) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27104383)Document filed by Lester Pearson. (Attachments: #1 Exhibit 2/8/2000 - News Article, #2 Exhibit 2/15/2000 - News Article, #3 Exhibit Criminal Court Decision, #4 Exhibit Scaccia Affirmation, #5 Exhibit AMW website address, #6 Exhibit Washington Post Article, #7 Exhibit fox news, #8 Exhibit criminal court decision, #9 Exhibit NY Post Article, #10 Exhibit Tracy Article, #11 Exhibit NY Daily news article, #12 Exhibit DA Demoted article, #13 Exhibit Crystal Rivera Complaint).(Broderick, David) Modified on 12/20/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney David Broderick to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate disclosure statement was not signed;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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