Alba v. City of New York et al
| Jose Alba |
| CITY OF NEW YORK, Detective William Garcia, District Attorney Alvin Bragg, Commissioner Louis Molina, Alvin Bragg, Louis Molina and John & Jane Does 1-20 |
| 1:2023cv08619 |
| September 29, 2023 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Barbara C Moses |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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Filing 17
ORDER TO UNSEAL CRIMINAL RECORDS: IT IS HEREBY ORDERED that the records relating to plaintiff's arrest, and to the NYPD and DANY investigations and criminal proceedings related to said incident, including, but not limited to, the Criminal Court file, NYPD investigative and detective files, the DANY records relating to the incident, as well as any arrest and prosecution, and the minutes of any proceeding, including any and all statements by police officers, witnesses, and the criminal defendants which were ordered sealed pursuant to N.Y. Crim. Proc. L. 160.50, be unsealed pursuant to N.Y. Crim. Proc. L. 160.50 and made available to the defendants, by their attorney Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, or to her authorized representatives, for inspection, photocopying, and use in this federal action brought by plaintiff; IT IS FURTHER ORDERED that the City of New York, including the Office of the Corporation Counsel and the New York City Police Department, as well as the Criminal Court of the State of New York, and the Office of the District Attorney for New York County, shall not be bound by the statutory sealing requirements of N.Y. Crim. Proc. L. 160.50 for all documents relating to and arising out of the arrest of plaintiff on July 1, 2022; IT IS FURTHER ORDERED that the use of the above-referenced records is restricted to use in the above-entitled civil rights action. (Signed by Magistrate Judge Barbara C. Moses on 10/19/2023) (rro)
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Filing 16
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint from October 24, 2023, to December 23, 2023 addressed to Magistrate Judge Barbara C. Moses from Corey S. Shoock dated October 18, 2023., #1 Complaint. Application GRANTED. Defendant Alvin Bragg shall respond to the complaint no later than December 26, 2023. SO ORDERED. Alvin Bragg answer due 12/26/2023. (Signed by Magistrate Judge Barbara C. Moses on 10/19/2023) (rro)
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Filing 15
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 CONSENT LETTER MOTION for Extension of Time to File Answer and Joint Request for Order Unsealing Records of Plaintiff's Arrest and Prosecution addressed to Magistrate Judge Barbara C. Moses from Hannah V. Faddis dated October 18, 2023., #1 Complaint. Application GRANTED. Defendants the City of New York, Commissioner Louis Molina, and Detective William Garcia shall respond to the complaint no later than December 22, 2023. SO ORDERED. City Of New York answer due 12/22/2023; William Garcia answer due 12/22/2023; Louis Molina answer due 12/22/2023. (Signed by Magistrate Judge Barbara C. Moses on 10/19/2023) (rro)
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| Filing 14 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint from October 24, 2023, to December 23, 2023 addressed to Magistrate Judge Barbara C. Moses from Corey S. Shoock dated October 18, 2023. Document filed by Alvin Bragg..(Shoock, Corey) |
| Filing 13 NOTICE OF APPEARANCE by Brian Christopher Francolla on behalf of City Of New York, Louis Molina..(Francolla, Brian) |
| Filing 12 CONSENT LETTER MOTION for Extension of Time to File Answer and Joint Request for Order Unsealing Records of Plaintiff's Arrest and Prosecution addressed to Magistrate Judge Barbara C. Moses from Hannah V. Faddis dated October 18, 2023. Document filed by City Of New York, Louis Molina. (Attachments: #1 Proposed Order Proposed Order Unsealing Records of Plaintiff's Arrest and Prosecution).(Faddis, Hannah) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Hannah Victoria Faddis to RE-FILE Document #11 MOTION for Extension of Time to File Answer . MOTION to Unseal .. When asked, Is this a Letter Motion?, click the Yes radio button, then complete the Docket Entry as Instructed. (kj) |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to File Answer ., MOTION to Unseal . Document filed by City Of New York. (Attachments: #1 Proposed Order Proposed Unsealing Order).(Faddis, Hannah) Modified on 10/18/2023 (kj). |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. William Garcia served on 10/5/2023, answer due 10/26/2023. Service was accepted by Sergeant Carrasco. Document filed by Jose Alba..(Cardinale, Richard) |
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Filing 9
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, if any pursuant to 28 U.S.C. 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 10/4/2023) (rro)
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| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Alvin Bragg served on 10/3/2023, answer due 10/24/2023. Service was made by Email. Document filed by Jose Alba..(Cardinale, Richard) |
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Barbara C. Moses. All such motions: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/3/23) (yv)
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| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Louis Molina served on 10/2/2023, answer due 10/23/2023. Service was made by Email. Document filed by Jose Alba..(Cardinale, Richard) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint served. City Of New York served on 10/2/2023, answer due 10/23/2023. Service was made by Email. Document filed by Jose Alba..(Cardinale, Richard) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Alvin Bragg, City Of New York, William Garcia, Louis Molina..(pc) |
| Magistrate Judge Barbara C. Moses 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 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Cardinale. The party information for the following party/parties has been modified: Alvin Bragg, CITY OF NEW YORK, Louis Molina.. 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;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Cardinale re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Alvin Bragg, City Of New York, William Garcia, Louis Molina, John & Jane Does 1-20 added. Party added pursuant to #1 Complaint.Document filed by Jose Alba. Related document: #1 Complaint..(Cardinale, Richard) |
| Filing 3 CIVIL COVER SHEET filed..(Cardinale, Richard) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, DETECTIVE WILLIAM GARCIA, NEW YORK COUNTY DISTRICT ATTORNEY ALVIN BRAGG, DEPARTMENT OF CORRECTION COMMISSIONER LOUIS MOLINA, re: #1 Complaint. Document filed by Jose Alba..(Cardinale, Richard) |
| Filing 1 COMPLAINT against Alvin Bragg, CITY OF NEW YORK, William Garcia, Louis Molina. (Filing Fee $ 402.00, Receipt Number ANYSDC-28362110)Document filed by Jose Alba..(Cardinale, Richard) |
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