Fizzignolia v. City of New York et al
| JAMES FIZZIGNOLIA |
| THE CITY OF NEW YORK, The New York City Police Department, POLICE OFFICER CASSELLS, The Office of District Attorney, Bronx County, Assistant D.A. Jordan Fleisher, Wilcox Restoration Corp., Edward Kelley, DOES NOS. 1-5 JOHN, City of New York, Police Officers John Doe # 1-5, Police officers Jane Doe # 1-5, Jordan Fleisher and Edward Kelly |
| Correction Officers Jane Does #1-5 |
| 1:2023cv06283 |
| July 20, 2023 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: granting #13 Letter Motion for Extension of Time to Answer re #13 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. addressed to Judge P. Kevin Castel from Seema Kassab dated August 31. 2023. Time to answer or otherwise respond extended to October 30, 2023. SO ORDERED. City of New York answer due 10/30/2023. (Signed by Judge P. Kevin Castel on 8/31/2023) (ama)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge P. Kevin Castel from Seema Kassab dated August 31. 2023. Document filed by City of New York..(Kassab, Seema) |
| Filing 12 AFFIDAVIT OF SERVICE. Wilcox Restoration Corp. served on 8/7/2023, answer due 8/28/2023. Service was accepted by Nancy Dougherty, Authorized Agent for NYS Office of Secretary of State. Document filed by James Fizzignolia..(Glaser, Ezra) |
| Filing 11 AFFIDAVIT OF SERVICE. The New York City Police Department served on 8/3/2023, answer due 8/24/2023. Service was accepted by Jerry Bradshaw, Department Bureau Chief. Document filed by James Fizzignolia..(Glaser, Ezra) |
| Filing 10 AFFIDAVIT OF SERVICE. City of New York served on 8/3/2023, answer due 8/24/2023. Service was accepted by Jerry Bradshaw, Department Bureau Chief. Document filed by James Fizzignolia..(Glaser, Ezra) |
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Filing 9
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/15/2024 at 11:30 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/3/2023) (vfr)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Police Officer Cassells, City of New York, Jordan Fleisher, Edward Kelly, The New York City Police Department, The Office of District Attorney, Bronx County, Wilcox Restoration Corp...(jgo) |
| Filing 7 CIVIL COVER SHEET filed..(Glaser, Ezra) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department (NYPD), Police Officer Cassells," The Office of the District Attorney, Bronx County, Assistant District Attorney Jordan Fleisher, Wilcox Restoration Corp. and Edward Kelly, re: #1 Complaint, #3 Complaint,. Document filed by James Fizzignolia..(Glaser, Ezra) |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT (NYPD), POLICE OFFICER CASSELLS, THE OFFICE OF DISTRICT ATTORNEY, BRONX COUNTY, Assistant District Attorney JORDAN FLEISHER, WILCOX RESTORATION CORP. and EDWARD KELLY, re: #1 Complaint, #3 Complaint,. Document filed by James Fizzignolia..(Glaser, Ezra) Modified on 7/24/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ezra B Glaser to RE-FILE Document No. #4 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. The Request for Issuance of Summons cannot be issued for the party requested (John Doe #1-5; Jane Doe #1-5) 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ezra B Glaser to RE-FILE Document No. #5 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; the Clerk of Clerk Signature field on the official A.O. Summons is not viewable. 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. (vf) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department (NYPD), Police Officer Cassells," Police Officers "John Doe" #1-5, individually and in Their Official Capacities (the name John Doe being fictitious, as their true names are presently unknown), Police officers "Jane Doe" # 1-5, individually and in their Official Capacities (the nameJane Doe being fictitious, as their true names are presently unknown), The Office of the District Attorney, Bronx County, Assistant District Attorney Jordan Fleisher, Wilcox Restoration Corp. and Edward Kelly,, re: #1 Complaint,. Document filed by James Fizzignolia..(Glaser, Ezra) Modified on 7/24/2023 (vf). |
| Filing 3 COMPLAINT against Police Officer Cassells, City of New York, Jane Doe # 1-5, John Doe # 1-5, Jordan Fleisher, Edward Kelly, The New York City Police Department, The Office of District Attorney, Bronx County, Wilcox Restoration Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28034927)Document filed by James Fizzignolia..(Glaser, Ezra) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, POLICE OFFICER CASSELLS, POLICE OFFICERS JOHN DOE # 1-5, POLICE OFFICERS JOHN DOE # 1-5, individually and in Their Official Capacities (the name John Doe being fictitious, as their true names are presently unknown), POLICE OFFICERS JANE DOE # 1-5, THE OFFICE OF DISTRICT ATTORNEY, BRONX COUNTY, JORDAN FLEISHER, WILCOX RESTORATION CORP., EDWARD KELLY, re: #1 Complaint,. Document filed by James Fizzignolia..(Glaser, Ezra) Modified on 7/21/2023 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ezra B Glaser to RE-FILE Document No. #2 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; the date field on the official A.O. Summons form was completed by the attorney; 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ezra B Glaser. The party information for the following party/parties has been modified: JAMES FIZZIGNOLIA; THE CITY OF NEW YORK; POLICE OFFICER CASSELLS; Edward Kelley; DOES NOS. 1-5 JOHN; Jane Does #1-5. 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;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ezra B Glaser to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; the wrong party/parties whom the pleading is against were 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ezra B Glaser. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 441 (Civil Rights: Voting); Dollar Demand none; County code Albany;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 440 (Civil Rights: Other); the Dollar Demand has been modified to $900,000; the County code has been modified to Bronx;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ezra B Glaser. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ezra B Glaser to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; If jurisdiction is Federal Question, do not fill out citizenship of principal parties;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ezra B Glaser to RE-FILE Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; summons request must be filed separately; 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Plaintiffs. (Filing Fee $ 402.00, Receipt Number ANYSDC-28029682)Document filed by JAMES FIZZIGNOLIA. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Cover Sheet Summons).(Glaser, Ezra) Modified on 7/21/2023 (jgo). |
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