Moore v. City of Yonkers et al
| 7:2019cv03629 |
| April 8, 2020 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
88
JUDGMENT: It is hereby, ORDERED, ADJUDGED AND DECREED, that plaintiff take judgment against defendants for the total sum of $5,000.00 in full satisfaction of all claims against the defendants herein, said $5,000.00 offer being inclusive of costs, disbursements, and attorneys' fees in plaintiffs favor. The judgment is in full satisfaction of all claims made by plaintiff and is made for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure and is not to be construed as an admission of liability by defendants or any official, employee, or agent of the City of Yonkers, or any agency thereof. (Signed by Judge Philip M. Halpern on 1/12/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
83
ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court' ;s calendar, provided the application to restore the action is made within forty-five (45) days of this Order. Any application to reopen filed after forty five (45) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. (Signed by Judge Philip M. Halpern on 12/17/2021) (kv)
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Filing
77
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/17/2021) (ks)
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Filing
70
ORDER: The Court will hold a status conference on November 23, 2021 at 3:30 p.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 3456831. Counsel for Defendants is responsible for making all arrangement s necessary for Plaintiff to appear via telephone. By October 22, 2021, the parties are directed to meet and confer to discuss a potential resolution of this case. Thereafter, counsel for Defendants shall file a letter by October 25, 2021 advising the Court of the outcome of these discussions and whether the parties are interested in being referred to the Magistrate Judge for settlement purposes. Should defense counsel indicate that the parties have not reached a settlement agreement and do not wish to be referred to the Magistrate Judge for settlement purposes, the parties shall promptly meet and confer again, and (1) file a Joint Pretrial Order by November 17, 2021 in accordance with the Court's Individual Practice Rule 6.A; and (2) file their remaining pre-trial materials by January 12, 2022 in accordance with the Court's Individual Practice Rule 6.B. Counsel for Defendants is directed to mail a copy of this Order to Plaintiff at the address provided on the docket and provide proof of service on the docket. SO ORDERED. (Telephone Conference set for 11/23/2021 at 03:00 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 10/8/2021) (jca)
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Filing
67
ORDER: IT IS HEREBY ORDERED: that the Superintendent or other official in charge of the Southport Correctional Facility shall have inmate Jordan L. Moore (ID# 19-A-3057) appear in such place as designated by the Superintendent or other official in charge of Southport Correctional Facility so that his deposition may be taken by video on April 23, 2021 at 10:30 a.m. (Signed by Judge Philip M. Halpern on 4/9/2021) (ks)
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Filing
63
ORDER: On March 26, 2021, the Court held a status conference during which pro se Plaintiff and counsel for Defendants appeared via telephone. Counsel for Defendants are directed, by April 9, 2021, to notify Plaintiff and the Court that (1) Pla intiff's family may retrieve Plaintiff's belongings from the Yonkers Police Department and (2) Defendants have obtained the balance of the sealed documents relevant to this action. Thereafter, Defendants may arrange for and take Plaint iff's deposition on or before April 30, 2021 and counsel for Defendants shall notify the Court that the deposition has been completed by April 30, 2021. Counsel for Defendants is directed to mail a copy of this Order to Plaintiff at the address provided on the docket and provide proof of service on the docket. SO ORDERED. ( Deposition due by 4/30/2021.) (Signed by Judge Philip M. Halpern on 3/26/2021) (va)
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Filing
60
ORDER: On February 2, 2021, the Court held a status conference during which pro se Plaintiff and counsel for Defendants appeared via telephone. The Court directs Defendants to (1) mail a copy of the unsealing order to Plaintiff forthwith and (2) contact the Yonkers Police Department to facilitate the return of property seized when Plaintiff was arrested (Nike sneakers and money) and again check if the Yonkers Police Department is in possession of a cell phone seized from Plaintiff. Defen dants shall file a letter via ECF providing the Court an update of same. The Court directs Plaintiff to complete the unsealing form as soon as is practicable, and in no event later than March 2, 2021, and return the completed form to the Court and counsel for Defendants. The Court extends the close of discovery until March 19, 2021. The next status conference shall be March 25, 2021 at 11:30 a.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 345 6831. Counsel for Defendants is responsible for making all arrangements necessary for Plaintiff to appear via telephone. Counsel for Defendants is directed to mail a copy of this Order to Plaintiff at the address provided on the docket and provide proof of service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/2/2021) ( Fact Discovery due by 3/19/2021., Telephone Conference set for 3/25/2021 at 11:30 AM before Judge Philip M. Halpern.) (ks)
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Filing
55
ORDER: IT IS HEREBY ORDERED: that the Superintendent or other official in charge of the Southport Correctional Facility shall have inmate Jordan L. Moore (ID# 19-A-3057) appear in such place as designated by the Superintendent or other official in charge of Southport Correctional Facility so that his deposition may be taken by video on January 26, 2021 at 10:00 a.m. (Signed by Judge Philip M. Halpern on 1/5/2021) (jca)
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Filing
48
ORDER: Defendant Bennett shall answer or move by January 4, 2021. By January 4, 2021, Defendants City of Yonkers and Moran shall either file an Amended Answer to Plaintiff's FAC or notify the Court via letter that they intend to rely on their Answer filed on July 25, 2019. The Court shall hold a telephonic conference on January 6, 2021 at 11:15 a.m. At the time of the scheduled conference all parties shall call (888) 398-2342; access code: 3456831. It is the responsibility of couns el for Defendants to make prior arrangements with the appropriate facility to have the Plaintiff available via telephone. The Court instructs the Clerk to mail a copy of this Order to Plaintiff at the address provided on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/16/2020) Neville Bennett answer due 1/4/2021.( Motions due by 1/4/2021., Telephone Conference set for 1/6/2021 at 11:15 AM before Judge Philip M. Halpern.) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
36
ORDER: On July 29, 2020 the Court held a status conference. Counsel for Defendants and pro se Plaintiff appeared via telephone. On May 14, 2019, Judge Roman issued a Valentin Order directing the City of Yonkers Office of Corporation Counsel to i dentify the three John Doe Defendants in Plaintiff's Complaint. (See Doc. 6). Counsel for Defendants is directed to comply with the Valentin Order, and shall notify the Court and Plaintiff within 30 days of the identity of the John Doe Defe ndants. After Counsel for Defendant identifies the John Doe Defendants, Plaintiff shall file an Amended Complaint within 30 days to name the identified Defendants. During the conference, counsel for Defendants agreed to accept service on behalf of the yet-to-be-named John Doe Defendants after Plaintiff files his Amended Complaint. Additionally, the Court directs Plaintiff to complete the unsealing form sent to him by Defendants forthwith. A Civil Case Discovery Plan and Scheduling Order is forthcoming. SO ORDERED (Signed by Judge Philip M. Halpern on 7/29/2020) (ks)
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Filing
18
ORDER: This matter has recently been reassigned to me. As there has been no substantive activity on this docket since July 25, 2019, the parties are directed to submit a joint letter to the Court via ECF concerning the status of this action by April 27, 2020. Defendants are directed to mail a copy of this Order to Plaintiff at the address listed on the docket and file proof of service on the docket. (Signed by Judge Philip M. Halpern on 4/8/2020) (ks)
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