Jimenez Jr., et al v. City of New Rochelle et al
| Francisco Jimenez, Cesar Jimenez and Uziel Jimenez, Jr. |
| Alec McKenna, John Doe #1, Richard Gargan, Raymond Beckley, Juan Torres, Robert Mansfield, Stephen Correale, John Doe #2, City of New Rochelle, Carlos Jimenez, Robert Wenzler and Joseph Nieves |
| 7:2017cv08432 |
| November 1, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 123
ORDER re: #122 Letter: By 1/17/2023, counsel shall either move for settlement approval from the Court or file a joint status update regarding settlement. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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| Filing 122 FIRST LETTER addressed to Judge Vincent L. Briccetti from John M. Murtagh dated December 28, 2022 re: status of settlement. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Murtagh, John) |
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Filing 121
ORDER: As discussed on the record at a conference held today in both of the above-captioned cases, and attended by counsel for all parties, 1 it is HEREBY ORDERED: 1. Counsel informed the Court the parties reached a global settlement in principle of both cases. By December 30, 2022, counsel shall either move for settlement approval from the Court or file a joint status update regarding settlement. 2. Jury selection and trial scheduled to commence on December 5, 2022, in Jimenez v. City of New Rochelle, No. 17-cv-8432 (filed Nov. 1, 2017), are cancelled. 3. The conference scheduled for December 1, 2022, at 10:00 a.m., in Jimenez v. City of New Rochelle, No. 19-cv-2525 (filed Mar. 21, 2019), is cancelled. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/29/2022) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Pretrial Conference held on 11/29/2022. (Court Reporter Christina Arends-Dieck) (dh) |
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Filing 120
ORDER granting #119 LETTER MOTION for Conference to Be Conducted Remotely: Mr. Bellin and Mr. Lucciola may appear at the final pre-trial conference scheduled for tomorrow, 11/29/2022, at 3:00 p.m., by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. Mr. Murtagh (and Ms. Cossu if she expects to attend) shall attend the conference in person, in Courtroom 620. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 119 LETTER MOTION for Conference to Be Conducted Remotely addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated Novoember 28, 2022. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 118 MEMORANDUM OF LAW in Opposition re: #112 MOTION in Limine . . Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 117 DECLARATION of Eugene M. Bellin in Opposition re: #112 MOTION in Limine .. Document filed by Cesar Jimenez, Uziel Jimenez, Jr. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14).(Bellin, Eugene) |
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Filing 116
ORDER granting #115 Letter Motion for Extension of Time to File Response/Reply: Plaintiff's opposition to the motion in limine is due 11/18/2022. No replies shall be filed without first seeking leave of Court. The final pre-trial conference remains scheduled for 11/29/2022 at 3:00 p.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 115 LETTER MOTION for Extension of Time to File Response/Reply as to #112 MOTION in Limine . addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated November 11, 2022. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 114 MEMORANDUM OF LAW in Support re: #112 MOTION in Limine . . Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
| Filing 113 DECLARATION of John M. Murtagh in Support re: #112 MOTION in Limine .. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). (Attachments: #1 Exhibit Stipulation and order, #2 Exhibit Joint Pre-trial order, #3 Exhibit Second supplemental disclosure, #4 Exhibit Video thumb drive, #5 Exhibit Photo of McKenna, #6 Exhibit Initial and First supplemental disclosure, #7 Exhibit Photos of Francisco, #8 Exhibit Portion of 50H, #9 Exhibit Death Certificate, #10 Exhibit Francisco Photos, #11 Exhibit Expert Disclosure, #12 Exhibit Montefiore Records, #13 Exhibit HSS Article).(Cossu, Denise) |
| Filing 112 MOTION in Limine . Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
| Filing 111 REQUEST TO CHARGE. Document filed by Uziel Jimenez, Jr..(Lucciola, Gerard) |
| Filing 110 PROPOSED VOIR DIRE QUESTIONS. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Murtagh, John) |
| Filing 109 PROPOSED VOIR DIRE QUESTIONS. Document filed by Uziel Jimenez, Jr..(Lucciola, Gerard) |
| Filing 108 PROPOSED JURY INSTRUCTIONS. Document filed by Uziel Jimenez, Jr..(Lucciola, Gerard) |
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Filing 107
ORDER granting in part #106 Letter Motion for Extension of Time: Motions in limine, proposed voir dire, joint proposed jury instructions, and a joint verdict form shall be filed by 11/10/2022. Oppositions to motions in limine shall be due 11/15/2022. No replies shall be filed without first seeking leave of Court. The final pre-trial conference remains scheduled for 11/29/2022 at 3:00 p.m. The Court notes that counsel have had seven months to prepare these submissions. (See Order dated 4/8/2022, Doc. #97). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 106 LETTER MOTION for Extension of Time to file pre-tiral submissions addressed to Judge Vincent L. Briccetti from John M Murtagh dated November 4, 2022. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Murtagh, John) |
| Filing 105 PROPOSED PRE-TRIAL ORDER. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 104 NOTICE OF APPEARANCE by Gerard A. Lucciola on behalf of Cesar Jimenez, Francisco Jimenez, Uziel Jimenez, Jr..(Lucciola, Gerard) |
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Filing 103
ORDER granting #102 Letter Motion for Extension of Time to File: Deadline to submit joint pretrial order extended to 9/30/2022. All other dates and deadlines set forth in Court's Order of 4/8/2022 (Doc. #97) shall remain in effect. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 102 FIRST LETTER MOTION for Extension of Time to File Joint Pre-Trial Order addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated September 7, 2022. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
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Filing 101
STIPULATION AND ORDER OF PARTIAL DISMISSAL: IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED, by and between the attorneys for the parties herein, that: 1. The following causes of action in the plaintiffs' Amended Complaint are dismissed: Count One on behalf of Francisco Jimenez (False Imprisonment under 42 U.S.C. 1983); Count Five on behalf of Francisco Jimenez (Municipal liability under 42 U.S.C. 1983); Count Fourteen on behalf of Francisco Jimenez (Common law false imprisonment); Count Sixteen on behalf of Cesar Jimenez (Municipal liability under 42 U.S.C. 1983; as further set forth herein. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/25/2022) (mml)
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| Filing 100 PROPOSED STIPULATION AND ORDER. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 99 TRANSCRIPT of Proceedings re: Decision held on 10/21/2020 before Judge Vincent L. Briccetti. Court Reporter/Transcriber: Christina Arends-Dieck, (914) 390-4103. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/19/2022..(Arends-Dieck, Christina) |
| Filing 98 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Decision proceeding held on 10/21/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Arends-Dieck, Christina) |
| Set/Reset Deadlines: Pretrial Order due by 9/9/2022. (mml) |
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Filing 97
ORDER: As discussed at a conference held today and attended by counsel for all parties, it is hereby ORDERED: 1. By April 29, 2022, the parties shall submit a Proposed Stipulation and Order identifying (i) the claims plaintiff is dismissing; (ii) the claims that will proceed to trial; and (iii) the applicable plaintiff(s) and defendant(s) for each claim proceeding to trial. 2. By September 9, 2022, in accordance with Paragraph 4.A of the Court's Individual Practices, the parties shall submit a Joint Pretrial Order, which shall comply with both Fed. R. Civ. P. 26(a)(3) and the Court's Individual Practices. 3. By November 7, 2022, the parties shall file proposed voir dire, any motions in limine, joint proposed jury instructions, and a joint verdict firm. (See Paragraph 4.B of the Court's Individual Practices). The parties' joint proposed jury instructions shall consist of a single document, noting any areas of disagreement between the parties. The proposed instructions should include both the text of any requested instruction as well as a citation, if available, to the authority from which it derives. The proposed instructions should also be submitted by email to Chambers in Word format. 4. Oppositions to motions in limine, if any, are due November 14, 2022. No replies will be permitted absent prior Court approval. 5. A final pre-trial conference is scheduled for November 29, 2022, at 3:00 p.m. 6. Jury selection and trial are scheduled to begin on December 5, 2022, at 9:30 a.m. SO ORDERED. Motions due by 11/7/2022. Responses due by 11/14/2022. (Signed by Judge Vincent L. Briccetti on 4/8/2022) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 4/8/2022, ( Final Pretrial Conference set for 11/29/2022 at 03:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti., Jury Selection set for 12/5/2022 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti., Jury Trial set for 12/5/2022 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.). (dh) |
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Filing 96
ORDER: As discussed at a conference held today and attended by counsel for all parties, it is HEREBY ORDERED: Counsel are directed to promptly discuss avoiding the need for streamlining any anticipated summary judgment motion. Counsel shall continue to discuss settlement in good faith, including consideration of the related case of Jimenez v. City of New Rochelle, 19cv2525(VB). The Court will conduct a conference to address these matters on April 8, 2022, at 12:00 p.m., in Room 620 at the White Plains Courthouse. SO ORDERED., ( Status Conference set for 4/8/2022 at 12:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 3/02/2022) (ama)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 3/2/2022, ( Status Conference set for 4/8/2022 at 12:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.). (Court Reporter Pamela Grimaldi) A further conference is scheduled for 4-8-22 at 12pm. (dh) |
| Filing 95 LETTER addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated February 23, 2022 re: Defendants' request for pre-motion conference. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 94 LETTER addressed to Judge Vincent L. Briccetti from John M Murtagh dated February 16, 2022 re: Pre motion letter regarding motion for partial summary judgment. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 93
ORDER granting #92 Letter Motion for Extension of Time to File: The Court adjourns the 1/27/2022 pre-motion conference to 3/2/2022 at 10:00 a.m., to proceed in person at the Courthouse. Accordingly, defendants' time to file a pre-summary judgment motion letter is extended to 2/16/2022, and plaintiffs' time to respond to that letter is extended to 2/23/2022. Both letters must comply with Judge Briccetti's Individual Practices Paragraph 2.B.ii. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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| Filing 92 LETTER MOTION for Extension of Time to File pre-motion letter addressed to Judge Vincent L. Briccetti from John M Murtagh dated January 12, 2022. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Murtagh, John) |
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Filing 91
ORDER granting #90 Letter Motion for Extension of Time to Complete Discovery: The deadline for completion of all discovery is extended to 1/14/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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| Filing 90 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated December 13, 2021. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
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Filing 89
MEMO ENDORSEMENT on re: #88 Letter, filed by Raymond Beckley, Stephen Correale, Carlos Jimenez, City of New Rochelle, Robert Mansfield, Joseph Nieves, Alec McKenna, Juan Torres, Richard Gargan, John Doe #1, John Doe #2, Robert Wenzler. ENDORSEMENT: APPLICATION GRANTED. Deadline for completion of all discovery extended to 12/15/2021. The Court is unlikely to extend this deadline again, absent compelling circumstances. Defendants' pre-summary judgment letter due 1/14/2022. Plaintiffs' response due 1/21/2022. The 12/3/2021 pre-motion conference is adjourned to 1/27/2022 at 3:30 p.m., to proceed in person at the Courthouse, Courtroom 620. SO ORDERED. (Discovery due by 12/15/2021. Pre-Motion Conference set for 1/27/2022 at 03:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 10/28/2021) (mml)
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| Filing 88 LETTER addressed to Judge Vincent L. Briccetti from John M Murtagh dated October 27, 2021 re: status of discovery and adjournment of deadlines. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 87
ORDER denying #84 Letter Motion for Local Rule 37.2 Conference: The Court will not hold a pre-motion conference or impose sanctions. By 10/26/2021, defendants shall provide to plaintiffs the affidavit contemplated in #86 defense counsel's 10/18/2021 letter. If, after the affidavit is provided, any discovery remains and a discovery extension is still required, the parties shall file a JOINT LETTER, not to exceed three pages, (i) outlining what discovery remains, (ii) proposing a new discovery deadline, and (iii) stating whether the time for submission of pre-summary judgment letters should also be extended. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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| Filing 86 LETTER addressed to Judge Vincent L. Briccetti from John M Murtagh dated October 18, 2021 re: Plaintiffs' demand for "dash cam" video. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 85
ORDER deferring ruling on #84 Letter Motion for Local Rule 37.2 Conference: By 10/19/2021, defendants shall respond to plaintiff's letter-motion requesting a pre-motion conference. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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| Filing 84 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated October 14, 2021. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
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Filing 83
MEMO ENDORSEMENT on re: #82 Letter, filed by Raymond Beckley, Stephen Correale, Carlos Jimenez, City of New Rochelle, Robert Mansfield, Joseph Nieves, Alec McKenna, Juan Torres, Richard Gargan, John Doe #1, John Doe #2, Robert Wenzler. ENDORSEMENT: APPLICATION GRANTED. Defendants' pre-summary judgment letter due 11/8/2021. Plaintiffs' response due 11/15/2021. The 10/21/2021 pre-motion conference is adjourned to 12/3/2021 at 2:30 p.m., to proceed in person at the Courthouse, Courtroom 620. SO ORDERED. (Pre-Motion Conference set for 12/3/2021 at 02:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 10/7/2021) (mml)
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| Filing 82 LETTER addressed to Judge Vincent L. Briccetti from John M Murtagh dated October 6, 2021 re: report on status of case pusuant to Court's order dated August 18, 2021. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 81
ORDER: As discussed at a conference held today and attended by counsel for all parties, it is HEREBY ORDERED: 1. The deadline for the completion of all discovery is extended to October 18, 2021. 2. By October 7, 2021, the parties shall file a joint letter regarding the status of their settlement discussions and whether there is anything the Court can do to assist in that regard. 3. If defendants intend to move for summary judgment, by October 7, 2021, they shall file a letter-motion in accordance with Judge Briccetti's Individual Practices Paragraph 2(B)(ii). Plaintiffs' response to this letter-motion, also in accordance with Judge Briccetti's Individual Practices Paragraph 2(B)(ii), is due October 14, 2021. 4. The next status conference in this case is scheduled for October 21, 2021, at 3:00p.m., which will be conducted in person in the Courthouse, Room 620. This conference shall also serve as the pre-motion conference if the parties have filed the letters described in paragraph 2. SO ORDERED. Motions due by 10/7/2021. Responses due by 10/14/2021. Discovery due by 10/18/2021. Status Conference set for 10/21/2021 at 03:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 8/18/2021) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 8/18/2021, ( Pre-Motion Conference set for 10/21/2021 at 03:00 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.). (dh) |
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Filing 80
ORDER granting #76 Letter Motion for Conference addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated April 1, 2021. It is HEREBY ORDERED: 1. The deadline for the completion of all discovery is extended to August 6, 2021. 2. By April 14, 2021, defense counsel shall mail to the Court a subpoena directed to the Westchester County District Attorney's Office for the Court's review. 3. Plaintiff's counsel shall promptly provide the appropriate authorizations to defense counsel for Francisco Jimenez's school records. The next status conference in this case is scheduled for August 18, 2021, at 11 a.m. Counsel shall attend by calling the following number and entering the access code when requested: Number: (888) 363-4749 (toll-free) or (215) 446-3662; Access Code: 1703567. The Clerk is instructed to terminate the letter-motion. (Doc. #76). SO ORDERED. Telephone Conference set for 8/18/2021 at 11:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 4/7/2021) (va)
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| Set/Reset Deadlines: Discovery due by 8/6/2021. (va) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 4/7/2021, ( Telephone Conference set for 8/18/2021 at 11:00 AM before Judge Vincent L. Briccetti.). (dh) |
| Filing 79 LETTER addressed to Judge Vincent L. Briccetti from John M Murtagh dated April 6, 2021 re: status of discovery. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 78
ORDER: By Order dated 4/1/2021, the Court instructed defense counsel to submit a letter response by no later than 12 p.m. on 4/5/2021. Defense counsel has not done so. Accordingly, defense counsel's time to respond to plaintiffs' 4/1/2021 letter-motion is extended to today at 3 p.m.. The Court's Orders are not mere suggestions. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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| Magistrate Judge Andrew E. Krause is so redesignated. (laq) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (laq) |
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Filing 77
ORDER deferring ruling on #76 Letter Motion for Conference: The matters raised in the letter-motion will be addressed at the case management telephone conference on 4/7/2021 at 9:30 a.m. By no later than 12:00 p.m. on 4/5/2021, defense counsel shall submit a letter in response to the letter-motion. The Court expects counsel to resolve most if not all of these disputes prior to the conference. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 76 FIRST LETTER MOTION for Conference addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated April 1, 2021. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 75 STATUS REPORT. re settlement discussions Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
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Filing 74
ORDER granting #73 Letter Motion for Extension of Time to Complete Discovery: Fact discovery deadline extended to 4/5/2021. All other deadlines and scheduled court dates remain unchanged. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 73 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from John M Murtagh dated 2/12/21. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 72
STIPULATION AND ORDER WITHDRAWING AFFIRMATIVE DEFENSES: IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED, by and between the attorneys for the parties herein, that the following affirmative defenses in the defendants' Answer to Amended Complaint are withdrawn with prejudice: The First Affirmative Defense, alleging that the plaintiffs' claims are barred by the statute of limitations; The Third Affirmative Defense, alleging that the Complaint fails to state facts sufficient to constitute a legal cause of action upon which relief can be granted against the answering defendants; The Tenth Affirmative Defense, alleging that the Complaint fails to allege facts with sufficient particularity; and The Twelfth Affirmative Defense, alleging that the plaintiffs' state court claims are barred in whole or in part by failure to comply with the requirements of New York State General Municipal Law. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/27/2020) (mml)
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| Filing 71 PROPOSED STIPULATION AND ORDER. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
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Filing 70
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 12/18/2020. Non-expert depositions shall be completed by 2/18/2021. Expert Deposition due by 4/5/2021. Fact Discovery due by 2/18/2021. Expert Discovery due by 4/5/2021. Discovery due by 4/5/2021. The parties have conferred and their present best estimate of the length of the trial is 7 days. Telephone Conference set for 4/7/2021 at 09:30 AM before Judge Vincent L. Briccetti. 16. The parties are directed to discuss settlement in good faith. By no later than February 26, 2021, counsel shall submit a joint letter regarding the status of their discussions and whether there is anything the Court can do to assist in that regard. 17. The case management conference scheduled for April 7, 2021, at 9:30 a.m. will be conducted by telephone. At the time of the scheduled conference, counsel shall use the following information to appear by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. (Signed by Judge Vincent L. Briccetti on 10/21/2020) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 10/21/2020. (Court Reporter Christina Arends-Dieck)Bench Ruling read into the record. Order to follow. (dh) |
| Filing 69 PROPOSED SCHEDULING ORDER. Document filed by Cesar Jimenez, Uziel Jimenez, Jr..(Bellin, Eugene) |
| Filing 68 ANSWER to Complaint. Document filed by City of New Rochelle. (Attachments: #1 Rule 7.1 Statement).(Murtagh, John) |
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Filing 67
ORDER denying #50 Motion to Dismiss; denying #54 Motion to Dismiss. Defendants having filed a partial motion to dismiss the amended complaint pursuant to Rule 12(b)(6) (Docs. #50, 54), it is HEREBY ORDERED: 1. Defendants' motion is DENIED. A conference is scheduled for October 21, 2020, at 10:00 a.m., at which time the Court will issue a bench ruling explaining the basis for its decision. The parties shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. 2. By October 2, 2020, counsel shall file on the ECF docket their proposed revised Civil Case Discovery Plan and Scheduling Order, the blank form for which is attached to the Notice of Initial Conference, dated February 28, 2018 (Doc. #25). 3. The Clerk is instructed to terminate the motion. (Docs. #50, 54). SO ORDERED.. (Signed by Judge Vincent L. Briccetti on 9/11/2020) (ks)
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| Set/Reset Hearings: Telephone Conference set for 10/21/2020 at 10:00 AM before Judge Vincent L. Briccetti. (ks) |
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Filing 66
STIPULATION AND ORDER: IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED, by and between the attorneys for the parties herein, that: 1. Uziel Jimenez, Jr., as Administrator of the Estate of Francisco Jimenez, be substituted as plaintiff for Francisco Jimenez in this action. 2. The caption of this action be amended as set forth herein. Uziel Jimenez, Jr added. Francisco Jimenez terminated. (Signed by Judge Vincent L. Briccetti on 3/16/2020) (mro)
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| Filing 65 PROPOSED STIPULATION AND ORDER. Document filed by Cesar Jimenez, Francisco Jimenez. (Attachments: #1 Exhibit Death Certificate, #2 Exhibit Letters of Administration).(Bellin, Eugene) |
| Filing 64 LETTER addressed to Judge Vincent L. Briccetti from Denise Cossu, Esq. dated March 12, 2020 re: Court's Order dated 3/9/20. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity)..(Cossu, Denise) |
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Filing 63
ORDER: As discussed at a conference held today and attended by counsel for all parties, it is HEREBY ORDERED: 1. By March 23, 2020, defense counsel shall file a letter with the Court specifying (i) which counts are being moved to be dismissed in full; (ii) which counts are being moved to be dismissed in part, and specifying which defendants are being moved to be dismissed and which defendants are not being moved to be dismissed; and (iii) which counts are not being moved to be dismissed at all. 2. All discovery deadlines are stayed pending decision on the pending partial motion to dismiss. (Docs. #50, 54). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/9/2020) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 3/9/2020. Order to follow. (dh) |
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Filing 62
ORDER: Accordingly, the status conference scheduled for February 24, 2020, is adjourned to March 9, 2020, at 2:30 p.m. SO ORDERED. Status Conference set for 3/9/2020 at 02:30 PM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 2/24/2020) (mml)
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| Filing 61 LETTER addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated January 23, 2020 re: Substitution pursuant to F.R.C.P. Rule 25(a)(1). Document filed by Cesar Jimenez, Francisco Jimenez.(Bellin, Eugene) |
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Filing 60
MEMO ENDORSEMENT on re: #59 Notice (Other),, filed by Raymond Beckley, Stephen Correale, Carlos Jimenez, City of New Rochelle, Robert Mansfield, Joseph Nieves, Alec McKenna, Juan Torres, Richard Gargan, Robert Wenzler. ENDORSEMENT: By 1/27/2020, plaintiffs' counsel shall inform the Court whether counsel plans to file a motion for substitution in light of plaintiff Francisco Jimenez's death. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/21/2020) (mml)
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| Filing 59 NOTICE of SUGGESTION OF DEATH UPON THE RECORD UNDER RULE 25(a)(1). Document filed by Raymond Beckley(in His Official Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Richard Gargan(in His Individual Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Juan Torres(in His Official Capacity), Robert Wenzler(in His Individual Capacity). (Murtagh, John) |
| Filing 58 FIRST REPLY MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss ., #54 AMENDED MOTION to Dismiss . . Document filed by Raymond Beckley(in His Official Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Richard Gargan(in His Individual Capacity), Carlos Jimenez(in His Official Capacity), Robert Mansfield(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Juan Torres(in His Official Capacity), Robert Wenzler(in His Individual Capacity). (Cossu, Denise) |
| Filing 57 MEMORANDUM OF LAW in Opposition re: #50 MOTION to Dismiss ., #54 AMENDED MOTION to Dismiss . . Document filed by Cesar Jimenez, Francisco Jimenez. (Bellin, Eugene) |
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Filing 56
ORDER granting #55 Letter Motion for Extension of Time to File Response/Reply: Plaintiffs' opposition to the motion to dismiss due 11/15/2019; defendants' reply due 12/13/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 55 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #53 Order on Motion to Dismiss,,,,,, addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated September 27, 2019. Document filed by Cesar Jimenez, Francisco Jimenez.(Bellin, Eugene) |
| Filing 54 AMENDED MOTION to Dismiss . Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). Responses due by 9/23/2019 Return Date set for 9/30/2019 at 09:00 AM.(Cossu, Denise) |
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Filing 53
ORDER with respect to #50 Motion to Dismiss. Accordingly, it is hereby ORDERED that, by no later than September 27, 2019, plaintiffs must notify the Court by letter whether (i) they intend to file a second amended complaint in response to the motion to dismiss, or (ii) they will rely on the amended complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file a second amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants' motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file a second amended complaint, they must file the second amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendants may either (i) file an answer to the second amended complaint, (ii) file a motion to dismiss the second amended complaint, or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/17/2019) (kv)
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| Filing 52 MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss . . Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). (Cossu, Denise) |
| Filing 51 DECLARATION of Denise M. Cossu in Support re: #50 MOTION to Dismiss .. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). (Attachments: #1 Exhibit 1- Amended Complaint, #2 Exhibit 2- Notices of Claim, #3 Exhibit 3- 50-h Transcript of Francisco Jimenez, #4 Exhibit 4- 50-h Transcript of Cesar Jimenez)(Cossu, Denise) |
| Filing 50 MOTION to Dismiss . Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). Responses due by 9/23/2019 Return Date set for 9/30/2019 at 09:00 AM.(Cossu, Denise) |
| Filing 49 NOTICE OF APPEARANCE by John Martin Murtagh, Jr on behalf of Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). (Murtagh, John) |
| Filing 48 NOTICE OF APPEARANCE by Denise M. Cossu on behalf of Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Joseph Nieves(in His Individual Capacity), Joseph Nieves(in His Official Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity), Robert Wenzler(in His Individual Capacity), Robert Wenzler(in His Official Capacity). (Cossu, Denise) |
| Filing 47 ELECTRONIC SUMMONS ISSUED as to Joseph Nieves, Robert Wenzler. (pne) |
| Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to Joseph Nieves and Robert Wenzler, re: #45 Amended Complaint,,,,. Document filed by Cesar Jimenez, Francisco Jimenez. (Bellin, Eugene) |
| Filing 45 AMENDED COMPLAINT amending #1 Complaint against Raymond Beckley (in His Official Capacity), Raymond Beckley (in His Individual Capacity), City of New Rochelle, Stephen Correale (in His Official Capacity), Stephen Correale (in His Individual Capacity), John Doe #1 (in His Individual Capacity), John Doe #1 (in His Official Capacity), John Doe #2 (in His Official Capacity), John Doe #2 (in His Individual Capacity), Richard Gargan (in His Individual Capacity), Richard Gargan (in His Official Capacity), Carlos Jimenez (in His Official Capacity), Carlos Jimenez (in His Individual Capacity), Robert Mansfield (in His Official Capacity), Robert Mansfield (in His Individual Capacity), Alec McKenna (in His Official Capacity), Alec McKenna (in His Individual Capacity), Joseph Nieves (in His Individual Capacity), Joseph Nieves (in His Official Capacity), Juan Torres (in His Official Capacity), Juan Torres (in His Individual Capacity) with JURY DEMAND. Document filed by Cesar Jimenez, Francisco Jimenez. Related document: #1 Complaint. (mml) |
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Filing 44
ORDER granting #41 Letter Motion for Extension of Time to Amend. APPLICATION GRANTED. Discovery deadlines extended as set forth in the parties' stipulation and proposed order, which the Court will separately docket. Defendants' time to answer, move, or otherwise respond to the amended complaint is 9/16/2019. The parties' deadline to complete all discovery is extended to 2/21/2020. The 12/9/2019 conference is adjourned to 2/24/2020, at 9:30 a.m. Absent compelling circumstances, no further discovery extensions will be granted. Clerk is directed to terminate the letter-motion (Doc. #41) and docket the amended complaint (Doc. #41-2 at 2-27). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/2/2019) (mml)
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Filing 43
STIPULATION AND ORDER PERMITTING PLAINTIFFS TO FILE AN AMENDED COMPLAINT JOINING ADDITIONAL DEFENDANTS: IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED, by and between the attorneys for the parties herein, that: 1. The Civil Case Discovery Plan and Scheduling Order dated June 29, 2018 be modified to permit the joinder of traditional parties and the amendment of pleadings by August 7, 2019. 2. The plaintiffs are permitted to file an Amended Complaint in this action joining Joseph Nieves and Robert Wenzler as additional defendants. 3. The firm of Gaines, Novick, Ponzini, Cossu & Venditti, LLP shall accept service of a Summons and Amended Complaint on behalf of Joseph Nieves and Robert Wenzler. Service of the Amended Complaint shall be deemed to have been effected upon defendants Joseph Nieves and Robert Wenzler on the date a Summons for the Amended Complaint is issued and filed by the Clerk of the Court on the Electronic Filing System. 4. The defendants shall have 45 days from the date of filing of the Summons for the Amended Complaint by the Clerk of the Court to respond to the Amended Complaint. 5. All discovery shall be stayed for 45 days from the filing of the plaintiffs' Amended Complaint. 6. Subject to approval of the Court. the discovery deadlines in this action shall be modified as follows: An fact discovery shall be completed by October 31, 2019, Plaintiffs' expert disclosure shall be submitted by December 13, 2019, Defendant's expert disclosure shall be submitted by January 17, 2020 Expert depositions shall be completed by February 21, 2020., Amended Pleadings due by 8/7/2019., Deposition due by 2/21/2020., Fact Discovery due by 10/31/2019., Joinder of Parties due by 8/7/2019., Motions terminated: #41 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated August 1, 2019. filed by Cesar Jimenez, Francisco Jimenez. (Signed by Judge Vincent L. Briccetti on 8/2/2019) (rj)
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| Set/Reset Deadlines: Discovery due by 2/21/2020. Set/Reset Hearings: Case Management Conference set for 2/24/2020 at 09:30 AM before Judge Vincent L. Briccetti. (mml) |
| Set/Reset Deadlines: Raymond Beckley (in His Official Capacity) answer due 9/16/2019; Raymond Beckley (in His Individual Capacity) answer due 9/16/2019; City of New Rochelle answer due 9/16/2019; Stephen Correale (in His Official Capacity) answer due 9/16/2019; Stephen Correale (in His Individual Capacity) answer due 9/16/2019; Richard Gargan (in His Individual Capacity) answer due 9/16/2019; Richard Gargan (in His Official Capacity) answer due 9/16/2019; Carlos Jimenez (in His Official Capacity) answer due 9/16/2019; Carlos Jimenez (in His Individual Capacity) answer due 9/16/2019; Robert Mansfield (in His Official Capacity) answer due 9/16/2019; Robert Mansfield (in His Individual Capacity) answer due 9/16/2019; Alec McKenna (in His Official Capacity) answer due 9/16/2019; Alec McKenna (in His Individual Capacity) answer due 9/16/2019; Joseph Nieves (in His Individual Capacity) answer due 9/16/2019; Joseph Nieves (in His Official Capacity) answer due 9/16/2019; Juan Torres (in His Official Capacity) answer due 9/16/2019; Juan Torres (in His Individual Capacity) answer due 9/16/2019; Robert Wenzler (in His Individual Capacity) answer due 9/16/2019; Robert Wenzler (in His Official Capacity) answer due 9/16/2019. (mml) |
| Filing 42 LETTER RESPONSE in Support of Motion addressed to Judge Vincent L. Briccetti from John M. Murtagh, Esq dated 08/01/2019 re: #41 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated August 1, 2019. . Document filed by Raymond Beckley(in His Official Capacity), City of New Rochelle, Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Carlos Jimenez(in His Official Capacity), Robert Mansfield(in His Official Capacity), Alec McKenna(in His Official Capacity), Juan Torres(in His Official Capacity). (Murtagh, John) |
| Filing 41 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated August 1, 2019. Document filed by Cesar Jimenez, Francisco Jimenez. (Attachments: #1 Exhibit Proposed Stipulation & Order, #2 Exhibit Proposed Amended Complaint)(Bellin, Eugene) |
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Filing 40
MEMO ENDORSEMENT on re: #39 Proposed Stipulation and Order filed by Cesar Jimenez, Francisco Jimenez. ENDORSEMENT: The Court declines to so-order the attached stipulation and proposed order. First, regarding the proposed discovery schedule, on May 30, 2019, the Court warned the parties that absent compelling circumstances, no further extensions of time would be granted. (Doc. #38). The parties have not submitted any supporting documentation explaining why compelling circumstances exist here. Second, regarding the stipulation's provision that plaintiffs be permitted to file an amended complaint joining additional defendants, plaintiffs have not explained the basis for adding the additional defendants. As the Court previously ordered, "Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court." (Doc. #29 at 1). Accordingly, the parties may re-submit their stipulation and proposed order as an attachment to a letter-motion explaining (i) why compelling circumstances merit another discovery extension and (ii) the basis for adding the two new defendants. In addition, plaintiffs shall attach to the letter-motion a proposed amended complaint. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/31/2019) (mml)
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| Filing 39 PROPOSED STIPULATION AND ORDER. Document filed by Cesar Jimenez, Francisco Jimenez. (Bellin, Eugene) |
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Filing 38
MEMO ENDORSEMENT on re: #37 Proposed Scheduling Order, filed by Raymond Beckley, Stephen Correale, Carlos Jimenez, City of New Rochelle, Robert Mansfield, Juan Torres, Alec McKenna, Richard Gargan. ENDORSEMENT: Discovery deadlines extended as set forth in the parties' joint letter. (Doc. #37). The parties' deadline to complete all discovery is extended to 12/6/2019. The 9/4/2019 conference is adjourned to 12/9/2019, at 9:30 a.m. Absent compelling circumstances no further extensions of time will be granted. (Deposition due by 12/6/2019. Discovery due by 12/6/2019. Fact Discovery due by 8/16/2019. Case Management Conference set for 12/9/2019 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/30/2019) (mml)
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| Filing 37 PROPOSED SCHEDULING ORDER. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity). (Murtagh, John) |
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Filing 36
ORDER denying #35 Letter Motion for Conference: The Court does not see the need for a conference to discuss the matters raised in defense counsel's letter. By 5/29/2019, the parties shall submit a joint proposed revised civil case discovery plan and scheduling order. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 35 LETTER MOTION for Conference to discuss remaining disclosure and a firm schedule for same addressed to Judge Vincent L. Briccetti from John M. Murtagh dated 05/21/2019. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity).(Murtagh, John) |
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Filing 34
MEMO ENDORSEMENT on re: #33 Letter, filed by Raymond Beckley, Stephen Correale, Carlos Jimenez, City of New Rochelle, Robert Mansfield, Alec McKenna, Juan Torres, Richard Gargan, John Doe #1, John Doe #2. ENDORSEMENT: Discovery deadlines extended as set forth in defendants' letter. The deadline for completion of all discovery is extended to 8/28/2019. The 4/25/2019 conference is adjourned to 9/4/2019 at 2:30pm. The parties are advised the Court is unlikely to grant any further discovery extensions. SO ORDERED. (Expert Deposition due by 8/23/2019. Discovery due by 8/28/2019. Fact Discovery due by 5/31/2019. Case Management Conference set for 9/4/2019 at 02:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 2/12/2019) (mml)
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| Filing 33 LETTER addressed to Judge Vincent L. Briccetti from John M. Murtagh dated February 11, 2019 re: Discovery schedule. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity).(Murtagh, John) |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to Complete Discovery: Discovery deadlines extended as set forth in the letter-motion. (Doc. #31). The deadline for completion of all discovery is extended to 4/9/2019. The conference scheduled for 1/4/2019 is adjourned to 4/25/2019, at 11:00 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 31 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated October 31, 2018. Document filed by Cesar Jimenez, Francisco Jimenez.(Bellin, Eugene) |
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Filing 29
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed by 12/28/18. (Motions due by 12/28/2018.) Fact Discovery due by 10/26/2018. Non-expert depositions shall be completed by October 26, 2018. Expert Discovery due by 12/10/2018. Deposition due by 12/10/2018. Discovery due by 12/28/2018. Unless otherwise ordered by the Court, within 30 days after the date for the completion of discovery, or, if a dispositive motion has been filed, within 30 days after a decision on the motion, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court's Individual Practices. The parties have conferred and their present best estimate of the length of the trial is approx 2 weeks. Case Management Conference set for 1/4/2019 at 11:00 AM before Judge Vincent L. Briccetti. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/29/2018) (anc)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 6/29/2018. Case management plan signed. Next conference is scheduled for 1-4-19 at 11:00 a.m. (dh) |
| Mediator Session Held on 06/25/2018 at Offices of Plaintiff's Counsel.(ah) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/25/2018, 10 a.m., at Eugene M. Bellin's Offices (Plaintiff Counsel).(ah) |
| Filing 28 NOTICE OF CHANGE OF ADDRESS by Richard A. Ashman on behalf of Cesar Jimenez, Francisco Jimenez. New Address: Michelstein & Ashman, PLLC, 485 Madison Avenue, 16th floor, New York, NY, US 10022, 212 588-0880. (Ashman, Richard) |
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter filed by Cesar Jimenez, Francisco Jimenez. ENDORSEMENT: Application Denied. SO ORDERED. Counsel shall proceed with the mediation in good faith and in accordance with the 1983 Plan. (Signed by Judge Vincent L. Briccetti on 6/1/2018) (mml)
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| Filing 26 LETTER addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated May 31, 2018 re: Mediation. Document filed by Cesar Jimenez, Francisco Jimenez.(Bellin, Eugene) |
| 1983 PLAN 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Plan and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 6/11/2018. Mediator to be Assigned by 3/12/2018.(mf) |
| NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(mf) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(cda) |
| Filing 25 NOTICE of INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 6/29/2018 at 11:00 A.M., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. (Initial Conference set for 6/29/2018 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.) (yv) |
| Filing 24 ANSWER to #1 Complaint,,,. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity).(Murtagh, John) |
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Filing 23
STIPULATION & ORDER: IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED by and between the attorneys for the plaintiff and for defendant Raymond Beckley that: The Summons and Complaint in this action, Individual Practices of Judge Vincent L. Briccetti, Electronic Case Filing Rules & Instructions of the Southern District of New York, and Individual Practices of Magistrate Judge Lisa M. Smith were served on defendant Raymond Beckley on November 15, 2017, by service at the New Rochelle Police Department, at 475 North Avenue, New Rochelle, New York. Defendant Raymond Beckley waives the defenses of lack of personal jurisdiction, improper service and defective service of process in this action. (Signed by Judge Vincent L. Briccetti on 2/14/2018) (ap)
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Filing 22
MEMO ENDORSEMENT on re: #20 Letter response to Order to Show Cause dated 1-23-18, filed by Cesar Jimenez, Francisco Jimenez. ENDORSEMENT: The case will not be dismissed for failure to prosecute. So Ordered. (Signed by Judge Vincent L. Briccetti on 2/7/18) (yv)
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| Filing 21 LETTER addressed to Judge Vincent L. Briccetti from John M. Murtagh dated February 7, 2018 re: consenting to relief requested by plaintiff by letter of 2/7/18. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity).(Murtagh, John) |
| Filing 20 LETTER addressed to Judge Vincent L. Briccetti from Eugene M. Bellin dated February 7, 2018 re: Order to show cause dated 1-23-18. Document filed by Cesar Jimenez, Francisco Jimenez.(Bellin, Eugene) |
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Filing 19
ORDER granting #17 Letter Motion for Extension of Time: Defendants' time to answer, move, or otherwise respond to the complaint is extended to 2/28/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 18 NOTICE OF APPEARANCE by Robert Joseph Ponzini on behalf of Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity). (Ponzini, Robert) |
| Filing 17 LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from John M. Murtagh dated 01/30/2018. Document filed by Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity).(Murtagh, John) |
| Filing 16 NOTICE OF APPEARANCE by John Martin Murtagh, Jr on behalf of Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity). (Murtagh, John) |
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Filing 15
ORDER. Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, this action will be dismissed without prejudice for failure to prosecute unless, on or before February 6, 2018, plaintiffs show cause in writing why the case should not be dismissed for lack of prosecution. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/23/18) (yv)
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| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Stephen Correale(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017; Stephen Correale(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Juan Torres(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017; Juan Torres(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Alec McKenna(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017; Alec McKenna(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Robert Mansfield(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017; Robert Mansfield(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Carlos Jimenez(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017; Carlos Jimenez(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Richard Gargan(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017; Richard Gargan(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Raymond Beckley(in His Official Capacity) served on 11/17/2017, answer due 12/8/2017; Raymond Beckley(in His Individual Capacity) served on 11/17/2017, answer due 12/8/2017. Service was accepted by A. Childs. Service was made by Mail. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. City of New Rochelle served on 11/15/2017, answer due 12/6/2017. Service was accepted by Lydia Apple. Document filed by Cesar Jimenez; Francisco Jimenez. (Ashman, Richard) |
| Filing 5 NOTICE OF PARTICIPATION IN 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's 1983 Plan. Please reference the Court's website, www.nysd.uscourts.gov/mediation, to review the 1983 Plan for White Plains, effective October 3, 2016, for important information.(rpr) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale(in His Official Capacity), Stephen Correale(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to City of New Rochelle, Richard Gargan, Carlos Jimenez, Stephen Correale, Raymond Beckley, Robert Mansfield, Juan Torres and Alec McKenna, re: #1 Complaint,,,. Document filed by Cesar Jimenez, Francisco Jimenez. (Ashman, Richard) |
| Filing 3 NOTICE OF APPEARANCE by Eugene M. Bellin on behalf of Cesar Jimenez, Francisco Jimenez. (Bellin, Eugene) |
| Filing 2 CIVIL COVER SHEET filed. (Ashman, Richard) |
| Filing 1 COMPLAINT against Raymond Beckley(in His Official Capacity), Raymond Beckley(in His Individual Capacity), City of New Rochelle, Stephen Correale, Stephen Correale, John Doe #1(in His Individual Capacity), John Doe #1(in His Official Capacity), John Doe #2(in His Official Capacity), John Doe #2(in His Individual Capacity), Richard Gargan(in His Individual Capacity), Richard Gargan(in His Official Capacity), Carlos Jimenez(in His Official Capacity), Carlos Jimenez(in His Individual Capacity), Robert Mansfield(in His Official Capacity), Robert Mansfield(in His Individual Capacity), Alec McKenna(in His Official Capacity), Alec McKenna(in His Individual Capacity), Juan Torres(in His Official Capacity), Juan Torres(in His Individual Capacity). (Filing Fee $ 400.00, Receipt Number 0208-14313011)Document filed by Cesar Jimenez, Francisco Jimenez.(Ashman, Richard) |
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