Chinchilla v. New York City Police Department et al
| Nancy Chinchilla |
| New York City Police Department and CITY OF NEW YORK |
| 1:2023cv08986 |
| October 12, 2023 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: denying #11 Letter Motion to Adjourn Conference. Application DENIED. "Discovery should not be routinely stayed simply on the basis that a motion to dismiss has been filed." Republic of Turkey v. Christie's, Inc., 316 F. Supp. 3d 675, 677 (S.D.N.Y. 2018) (cleaned up). That Defendants plan to assert "that the Complaint lacks viable claims and Defendants' motion will rest on a solid foundation in law" is essentially a statement that Defendants intend to file a motion to dismiss. Defendants' letter contains no statement as to why a stay is appropriate in this case. See id. ("A court determining whether to grant astay of discovery... must look to the particular circumstances and posture ofeach case."). Defendants state that Plaintiff does not consent to the stay ofdiscovery but does consent to the adjournment, sine die, of the initial conference and proposed case management plan. Such adjournment would have the effect of staying discovery. See Fed. R. Civ. P. 26(d)(1), 26(f)(1)-(2). If Plaintiff does in fact consent to the stay of discovery, Defendants may file a renewed letter motion seeking a stay. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 11. So Ordered.. (Signed by Judge Dale E. Ho on 12/07/2023) (ama)
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| Filing 11 LETTER MOTION to Adjourn Conference addressed to Judge Dale E. Ho from Marina Sukonnik dated 12/06/2023. Document filed by City Of New York, New York City Police Department..(Sukonnik, Marina) |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT#11) - FIRST MOTION to Adjourn Conference and Case Management Plan. Document filed by City Of New York, New York City Police Department..(Sukonnik, Marina) Modified on 12/7/2023 (lb). |
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Filing 9
ORDER granting in part and denying in part #7 Letter Motion for Extension of Time. Application GRANTED IN PART. Defendants shall answer, move, or otherwise respond to the Complaint by January 2, 2024. The initial pretrial conference is ADJOURNED to December 20, 2023, at 2:30 P.M. EST. The parties shall join the conference by dialing (646) 453-4442 and entering the Conference ID: 889 099 973, followed by the pound sign (#). The parties shall file the required joint letter and proposed case management plan by December 13, 2023. So Ordered. he Clerk of Court is respectfully directed to close the motion at Dkt. No. 7. (Signed by Judge Dale E. Ho on 11/15/2023) (tg)
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| Set/Reset Deadlines: City Of New York answer due 1/2/2024; New York City Police Department answer due 1/2/2024., Set/Reset Hearings:( Initial Conference set for 12/20/2023 at 02:30 PM before Judge Dale E. Ho.) (tg) |
| Filing 8 NOTICE OF APPEARANCE by Marina Sukonnik on behalf of City Of New York, New York City Police Department..(Sukonnik, Marina) |
| Filing 7 FIRST LETTER MOTION for Extension of Time from Marina Sukonnik dated November 14, 2023. Document filed by City Of New York, New York City Police Department..(Sukonnik, Marina) |
| Filing 6 CERTIFICATE OF SERVICE. City Of New York served on 10/26/2023, answer due 11/16/2023; New York City Police Department served on 10/26/2023, answer due 11/16/2023. Service was made by EMAIL. Document filed by Nancy Chinchilla..(Martinez, Christina) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on December 6, 2023, at 1:30 P.M. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: 899 099 973, followed by the pound (#) sign. Initial Conference set for 12/6/2023 at 01:30 PM before Judge Dale E Ho. (Signed by Judge Dale E Ho on 10/16/2023) (rro)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to City Of New York, New York City Police Department..(jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to New York City Police Department, City of New York, re: #1 Complaint. Document filed by Nancy Chinchilla..(Martinez, Christina) |
| Filing 2 CIVIL COVER SHEET filed..(Martinez, Christina) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E Ho. 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 Christina Marie Martinez. The party information for the following party/parties has been modified: CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christina Marie Martinez. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Christina Marie Martinez. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| Filing 1 COMPLAINT against CITY OF NEW YORK, New York City Police Department. (Filing Fee $ 402.00, Receipt Number ANYSDC-28417225)Document filed by Nancy Chinchilla..(Martinez, Christina) |
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