Fleischer v. City Of New York et al.
| Eric Fleischer |
| City Of New York, The New York City Department of Corrections and John and Jane Does |
| 1:2023cv01261 |
| February 14, 2023 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 23
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an initial pretrial conference, via Microsoft Teams, on November 21, 2023 at 10:00 a.m. The parties will receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID 286 570 493 followed by the pound (#) key. The joint letter shall not exceed five (5) double-spaced pages, and shall provide the following information in separate paragraphs: as set forth herein. Counsel who have entered a notice of appearance as of the date of this Order are directed to (1) notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this Order and the Court's Individual Rules and Practices in Civil Cases forthwith, and (2) file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this Order must forthwith send a copy of this Order and the Court's Individual Rules and Practices in Civil Cases to that party personally. SO ORDERED.Telephonic Initial Conference set for 11/21/2023 at 10:00 AM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 11/06/2023) (ama)
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Filing 22
ORDER: The Court deems the Order to Show Cause satisfied. By separate order, the Court will schedule an initial pretrial conference. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (kpk)
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| Filing 21 LETTER addressed to Judge Jennifer H. Rearden from Tracey L. Brown dated October 30, 2023 re: Request for Initial Conference. Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 20 ANSWER to #1 Complaint. Document filed by City Of New York..(Doody, John) |
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Filing 19
ORDER: granting #17 Letter Motion for Extension of Time. Application GRANTED. The deadline for Defendant City of New York to respond to the Complaint is extended, nunc pro tunc, to August 14, 2023. The deadline for Defendant DOC to respond is extended to August 15, 2023. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/16/2023) (ama)
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| Set/Reset Deadlines: City Of New York answer due 8/14/2023; The New York City Department of Corrections answer due 8/15/2023. (ama) |
| Filing 18 LETTER addressed to Judge Jennifer H. Rearden from Tracey L. Brown, Esq. dated June 14, 2023 re: Response to the Court's June 11, 2023 Memo Endorsement (Dkt. No. 14). Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 17 FIRST LETTER MOTION for Extension of Time addressed to Judge Jennifer H. Rearden from John J Doody dated June 14, 2023. Document filed by City Of New York..(Doody, John) |
| Filing 16 NOTICE OF APPEARANCE by John J Doody on behalf of The New York City Department of Corrections..(Doody, John) |
| Filing 15 NOTICE OF APPEARANCE by John J Doody on behalf of City Of New York..(Doody, John) |
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by Eric Fleischer. Plaintiff contends that "[t]he statute of limitations as to the City Defendants would bar a refiled action." Ltr. at 3. By Thursday, June 15, 2023, Plaintiff shall file a letter, with authorities, setting forth his position on the precise statute of limitations for each of the seven claims asserted in his Complaint, as well as the date on which each statute of limitations supposedly elapsed or will elapse. To the extent that the statute of limitations for the City of New York and for the New York City Department of Correction differs, the letter shall so state. By Friday, June 16, 2023, Plaintiff shall serve a copy of his forthcoming letter on the City of New York and on the New York City Department of Correction, and shall file proof of such service on the docket by Tuesday, June 20, 2023. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 06/11/2023) (kpk)
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| Filing 13 LETTER addressed to Judge Jennifer H. Rearden from Tracey L. Brown dated June 2, 2023 re: OSC re:4(m). Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 12 AFFIDAVIT OF SERVICE of Order to Show Cause served on the New York City Department of Corrections on May 26, 2023. Service was accepted by Mr. Turner, Legal Clerk. Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. The New York City Department of Corrections served on 5/26/2023, answer due 6/16/2023. Service was accepted by Mr. Turner, Legal Clerk. Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. City Of New York served on 5/23/2023, answer due 6/13/2023. Service was accepted by Ariton Marke, Legal Clerk. Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 9 AFFIDAVIT OF SERVICE of Order to Show Cause served on The City of New York on May 25, 2023. Service was accepted by Ariton Marke, Legal Clerk. Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to The New York City Department of Corrections. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Corrections, re: #1 Complaint. Document filed by Eric Fleischer..(Brown, Tracey) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City Of New York..(gp) |
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Filing 5
ORDER TO SHOW CAUSE: The Complaint in this case was filed on February 14, 2023, see ECF No. 1, but the docket does not reflect that service was ever effected. Accordingly, it is hereby ORDERED that Plaintiff file a letter explaining why they have failed to serve the summons and Complaint within the 90 days prescribed by Rule 4(m) of the Federal Rules of Civil Procedure-or, if Plaintiff believes that Defendants have been served, when and in what manner such service was made. If Plaintiff fails to file a letter by June 2, 2023, showing good cause why such service was not made within the 90 days, the Court may dismiss the case without further notice. Plaintiff is directed to (1) notify Defendants' attorneys in this action by serving upon each of them a copy of this Order, and (2) file proof of such notice with the Court by one week of the date of this Order. If unaware of the identity of counsel for Defendants, counsel receiving this order must forthwith send a copy of this Order to that party personally. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/19/2023) (kv)
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| Filing 4 CIVIL COVER SHEET filed..(Brown, Tracey) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, re: #1 Complaint. Document filed by Eric Fleischer..(Brown, Tracey) |
| Magistrate Judge Valerie Figueredo 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Tracey Lyn Brown to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple natures of suit were selected, choose one. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tracey Lyn Brown. The party information for the following party/parties has been modified: CITY OF NEW YORK, DEPARTMENT OF CORRECTIONS MEMBERS JOHN AND JANE DOES 1-25, Department of Corrections City of New York, Eric Fleischer. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tracey Lyn Brown. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Brown, Tracey) Modified on 2/15/2023 (pc). |
| Filing 1 COMPLAINT against CITY OF NEW YORK, DEPARTMENT OF CORRECTIONS MEMBERS JOHN AND JANE DOES 1-25, Department of Corrections City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-27344053)Document filed by Eric Fleischer..(Brown, Tracey) |
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