Rutherford et al v. City of Mount Vernon et al
| Reginald Gallman and Rayvon Rutherford |
| City of Mount Vernon, Puff, P.O. Antonini, Sgt. M.V.P.D Fegan, Mount Vernon Police Department and P.O JOHN DOE |
| 7:2018cv10706 |
| November 13, 2018 |
| US District Court for the Southern District of New York |
| Lisa Margaret Smith |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 18
CERTIFICATE OF SERVICE of Letter with Enclosures served on Reginald Gallman on 1/8/19. Service was made by Mail. Document filed by P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Puff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bushnell, Steven)
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Filing 17
CERTIFICATE OF SERVICE of Letter with Enclosures served on Rayvon Rutherford on 1/8/19. Service was made by Mail. Document filed by P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Puff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bushnell, Steven)
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Filing 16
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes as set forth in this order. (Signed by Magistrate Judge Lisa Margaret Smith on 1/4/2019) Copies Mailed By Chambers. (rj)
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Filing 15
SCHEDULING NOTICE: Status Conference set for 1/25/2019 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. Re: Incarcerated Prisoners Incarcerated petitioners/plaintiffs shall participate in the conference by telephone (in lieu of a writ appearance). It is the responsibility of counsel for respondent/defendant to make prior arrangements with the appropriate correctional facility to have the petitioner/plaintiff available via telephone, and respondent/defendant counsel should be prepared to place the phone call from the courtroom on the appearance date. If the petitioner/plaintiff is no longer incarcerated, respondent/defendant shall forward a copy of this notice to his/her last known address. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 1/4/2019) Copies Mailed By Chambers. (rj) Modified on 1/8/2019 (rj).
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Filing 14
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Kenneth M. Karas on 1/3/2019) (ne)
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Filing 13
NOTICE OF APPEARANCE by Matthew Kelly Schieffer on behalf of P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Puff. (Schieffer, Matthew)
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Filing 12
NOTICE OF APPEARANCE by Steven Joseph Bushnell on behalf of P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Puff. (Bushnell, Steven)
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Filing 11
NOTICE OF APPEARANCE by Anthony J. DiFiore on behalf of P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Puff. (DiFiore, Anthony)
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Filing 10
NOTICE OF APPEARANCE by Andrew C Quinn on behalf of P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Puff. (Quinn, Andrew)
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Filing 9
FRCP 4 SERVICE PACKAGE MAILED to Rayvon Rutherford ID No. 180567 Westchester County Jail P.O. Box 10 Valhalla, NY 10595, at, on 11/27/2018 Re: #8 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, AMENDED COMPLAINT FORM, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb)
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Mailed a copy of #8 Order of Service, Add and Terminate Parties, #3 Complaint to Corporation Counsel of the City of Mount Vernon City Hall, 1 Roosevelt Square, Mount Vernon, NY 10550. (aea)
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FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/27/2018 Re: Judge Kenneth M. Karas #8 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) P.O. Antonini, City of Mount Vernon, M.V.P.D Fegan, Puff. (nb)
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SUMMONS ISSUED as to P.O. Antonini, City of Mount Vernon, M.V.P.D Fegan, Puff. (nb)
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Filing 8
ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this Order to Plaintiffs, together with information packages. The Court dismisses Plaintiffs' claims against the Mount Vernon Police Department because it lacks the capacity to be sued in its own name. The Clerk of Court is directed to mail a copy of this Order and the Complaint to the Corporation Counsel of the City of Mount Vernon at: City Hall, 1 Roosevelt Square, Mount Vernon, NY 10550. Within thirty days after receiving the name of the John Doe Defendant, Plaintiffs must file an amended complaint. An "Amended Complaint" form is attached to this Order. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for Defendants City of Mount Vernon, Sergeant Fegan, and Police Officers Antonini, Shield #111, and Puff, Shield# 110 and deliver to the U.S. Marshals Service all documents necessary to effect service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Mount Vernon Police Department terminated. (Signed by Judge Kenneth M. Karas on 11/26/2018) (mml) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (bcu)
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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. (bcu)
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Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Rayvon Rutherford ID No. 180567 Westchester County Jail P.O. Box 10 Valhalla, NY 10595 Reginald Gallman ID No. #173648 Westchester County Jail P.O. Box 10 Vallaha, NY 10595; Westchester County Jail 10 Woods Road Vallaha, NY 10595. (aea)
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Filing 6
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiffs. That agency is directed to forward copies of Plaintiffs' prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiffs are transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiffs are transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiffs and note service on the docket. Finally, Plaintiffs must promptly submit a written notification to the Court if their addresses change, and the Court may dismiss the action if Plaintiffs fail to do so. (Signed by Judge Colleen McMahon on 11/19/2018) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 5
PRISONER AUTHORIZATION. Document filed by Reginald Gallman. (ks)
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Filing 4
PRISONER AUTHORIZATION. Document filed by Rayvon Rutherford. (ks)
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Filing 3
COMPLAINT against P.O. Antonini, City of Mount Vernon, JOHN DOE, M.V.P.D Fegan, Mount Vernon Police Department, Puff. Document filed by Reginald Gallman, Rayvon Rutherford. (ks)
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Filing 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Reginald Gallman.(ks)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rayvon Rutherford. (ks)
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Case Designated ECF. (ks)
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