Chinchilla v. New York City Police Department et al
Plaintiff: Nancy Chinchilla
Defendant: New York City Police Department and CITY OF NEW YORK
Case Number: 1:2023cv08986
Filed: October 12, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Dale E Ho
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2023 Opinion or Order 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)
December 7, 2023 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)
December 6, 2023 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).
November 16, 2023 Opinion or Order 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)
November 16, 2023 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)
November 14, 2023 Filing 8 NOTICE OF APPEARANCE by Marina Sukonnik on behalf of City Of New York, New York City Police Department..(Sukonnik, Marina)
November 14, 2023 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)
November 1, 2023 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)
October 17, 2023 Opinion or Order 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)
October 16, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to City Of New York, New York City Police Department..(jgo)
October 13, 2023 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)
October 13, 2023 Filing 2 CIVIL COVER SHEET filed..(Martinez, Christina)
October 13, 2023 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)
October 13, 2023 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)
October 13, 2023 Case Designated ECF. (pc)
October 13, 2023 ***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)
October 13, 2023 ***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)
October 13, 2023 ***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)
October 12, 2023 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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Plaintiff: Nancy Chinchilla
Represented By: Christina Marie Martinez
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Defendant: New York City Police Department
Represented By: Marina Sukonnik
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Defendant: CITY OF NEW YORK
Represented By: Marina Sukonnik
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