Mendelson v. Evans et al
Plaintiff: Mildred B Mendelson
Defendant: Gregory Walz, Jonathan J. Evans, Town Of Pound Ridge, Jonathan J Evans, Gregory E. Walz and Town of Pound Ridge, New York
Case Number: 7:2020cv02583
Filed: March 26, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2020 Opinion or Order Filing 21 COMPLAINT against Jonathan J Evans, Jonathan J. Evans, Town of Pound Ridge, New York, Gregory E. Walz, Gregory E. Walz. Document filed by Mildred B Mendelson..(Pascazi, Michael)
May 14, 2020 Opinion or Order Filing 20 ORDER terminating #8 Motion for Judgment on the Pleadings: Defendant's motion for judgment on the pleadings to dismiss plaintiff's Monell claim is terminated without prejudice in light of defendants' withdrawal of the same (Doc. #19). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
May 14, 2020 Opinion or Order Filing 19 LETTER addressed to Judge Vincent L. Briccetti from James A. Randazzo dated 05/14/2020 re: Withdrawing Defendants' Motion for Judgment on Pleadings to Dismiss Plaintiff's Monell Claim Without Prejudice. Document filed by Jonathan J Evans, Town of Pound Ridge, New York, Gregory E. Walz..(Randazzo, James)
May 11, 2020 Opinion or Order Filing 18 ORDER denying #4 Motion to Remand to State Court. As discussed at a conference held today and attended by counsel for all parties, it is HEREBY ORDERED: 1. For the reasons stated on the record, plaintiff's motion to remand to state court and for attorney's fees (Doc. #4) is DENIED. 2. By May 18, 2020, counsel shall submit a joint letter regarding the pending motion for judgment on the pleadings to dismiss plaintiff's Monell claim (Doc. #8) advising the Court whether (i) defendants will withdraw the pending motion without prejudice, (ii) whether plaintiff will withdraw the Monell claim, or (iii) neither. If the third option is selected, plaintiff's time to respond to the motion for judgment on the pleadings is extended to May 26, 2020, and defendant's reply is extended to June 2, 2020. 3. By July 13, 2020, counsel shall submit a joint letter to the Court regarding the status of settlement discussions. The Clerk is directed to terminate the pending motion to remand. (Doc. #4). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/11/2020) (mml)
May 11, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 5/26/2020, Replies due by 6/2/2020. (mml)
May 11, 2020 Opinion or Order Filing 17 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 6/10/2020. Non-expert depositions shall be completed by 9/11/2020. Expert Deposition due by 10/26/2020. Fact Discovery due by 9/11/2020. Expert Discovery due by 10/26/2020. Discovery due by 11/11/2020. Case Management Conference set for 11/13/2020 at 02:30 PM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 5 days. (Signed by Judge Vincent L. Briccetti on 5/11/2020) (mml)
May 11, 2020 Opinion or Order Minute Entry for proceedings held before Judge Vincent L. Briccetti: Telephone Conference held on 5/11/2020. Atty for Plaintiffs pres,. Atty for Defendants pres. Order to follow. By 7/11/20 counsel shall submit a joint letter regarding settlement, further conference Scheduled for 11/13/20 2:30 pm ( Status Conference set for 11/13/2020 at 02:30 PM before Judge Vincent L. Briccetti.). (kgo)
May 5, 2020 Opinion or Order Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jonathan J Evans, Town of Pound Ridge, New York, Gregory E. Walz..(Randazzo, James)
May 5, 2020 Opinion or Order Filing 15 REPLY AFFIRMATION of Michael S. Pascazi in Support re: #4 MOTION to Remand to State Court & for an Award of Counsel Fees.. Document filed by Mildred B Mendelson. (Attachments: #1 Exhibit H NYSCEF Login Page 05052020).(Pascazi, Michael)
May 4, 2020 Opinion or Order Filing 14 DECLARATION of James A. Randazzo in Opposition re: #4 MOTION to Remand to State Court & for an Award of Counsel Fees.. Document filed by Jonathan J Evans, Jonathan J. Evans, Town of Pound Ridge, New York, Gregory E. Walz, Gregory E. Walz. (Attachments: #1 Exhibit A, #2 Exhibit B).(Sumner, Drew)
May 4, 2020 Opinion or Order Filing 13 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Remand to State Court & for an Award of Counsel Fees. . Document filed by Mildred B Mendelson. (Attachments: #1 Exhibit EX. G NY Governor's Executive Order 202.8).(Pascazi, Michael)
April 28, 2020 Opinion or Order Filing 12 DECLARATION of James A. Randazzo in Opposition re: #4 MOTION to Remand to State Court & for an Award of Counsel Fees.. Document filed by Jonathan J Evans, Jonathan J. Evans, Town of Pound Ridge, New York, Gregory E. Walz, Gregory E. Walz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Sumner, Drew)
April 28, 2020 Opinion or Order Filing 11 MEMORANDUM OF LAW in Opposition re: #4 MOTION to Remand to State Court & for an Award of Counsel Fees. . Document filed by Jonathan J Evans, Jonathan J. Evans, Town of Pound Ridge, New York, Gregory E. Walz, Gregory E. Walz..(Sumner, Drew)
April 28, 2020 Opinion or Order Filing 10 DECLARATION of James A. Randazzo in Support re: #8 MOTION for Judgment on the Pleadings to dismiss Plaintiff's Monell claim.. Document filed by Town of Pound Ridge, New York. (Attachments: #1 Exhibit A, #2 Exhibit B).(Sumner, Drew)
April 28, 2020 Opinion or Order Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION for Judgment on the Pleadings to dismiss Plaintiff's Monell claim. . Document filed by Town of Pound Ridge, New York..(Sumner, Drew)
April 28, 2020 Opinion or Order Filing 8 MOTION for Judgment on the Pleadings to dismiss Plaintiff's Monell claim. Document filed by Town of Pound Ridge, New York..(Sumner, Drew)
April 28, 2020 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Drew William Sumner on behalf of Jonathan J Evans, Jonathan J. Evans, Town of Pound Ridge, New York, Gregory E. Walz, Gregory E. Walz..(Sumner, Drew)
April 23, 2020 Opinion or Order Filing 6 ANSWER to Complaint. Document filed by Jonathan J Evans, Jonathan J. Evans, Town of Pound Ridge, New York, Gregory E. Walz, Gregory E. Walz..(Randazzo, James)
April 16, 2020 Opinion or Order Filing 5 ORDER: On 4/15/2020, plaintiff filed a motion to remand to state court and for an award of counsel fees. (Doc. #4). Defendants' shall file a response to this motion by 4/29/2020. Plaintiff's reply brief, if any, is due 5/6/2020. The initial pretrial conference remains scheduled for 5/11/2020, at 2:30 p.m. At the time of the scheduled conference, counsel shall use the following information to connect by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662; Access Code: 1703567. By 5/8/2020, at 2:00 p.m., counsel shall file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. The parties are required to submit a proposed Civil Case Discovery Plan and Scheduling Order regardless of the pending motion. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
April 15, 2020 Opinion or Order Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court & for an Award of Counsel Fees. Document filed by Mildred B Mendelson. Return Date set for 5/13/2020 at 09:30 AM. (Attachments: #1 Memorandum of Law in Support of Remand & Counsel Fees, #2 Exhibit Ex A Notice of Removal with Affidavit of Service, #3 Exhibit Ex B NYSCEF Docket Sheet, #4 Exhibit Ex C Essential Matters Filing Procedures & Rules, #5 Exhibit Ex D Complaint with Affidavit of Service).(Pascazi, Michael) Modified on 5/14/2020 (db).
April 10, 2020 Opinion or Order Filing 3 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 5/11/2020 at 02:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.(ks)
March 31, 2020 Opinion or Order ADD PARTY FOR PLEADING. Defendants/Respondents Jonathan J Evans, Gregory E. Walz added. Party added pursuant to #1 Notice of Removal,.Document filed by Jonathan J Evans, Gregory E. Walz. Related document: #1 Notice of Removal,..(Randazzo, James)
March 27, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James A. Randazzo re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): Add Jonathan J. Evans and Gregory E. Walz with the party text "in his official capacity as a Police Officer" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
March 27, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James A. Randazzo. The party information for the following party/parties has been modified: Town Of Pound Ridge, Gregory Walz, Jonathan J. Evans. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)
March 27, 2020 Opinion or Order 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 #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
March 27, 2020 Opinion or Order 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
March 27, 2020 Opinion or Order Case Designated ECF. (pc)
March 26, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Randazzo, James)
March 26, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 52714/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-19240235).Document filed by Town Of Pound Ridge, Gregory Walz, Jonathan J. Evans. (Attachments: #1 Affidavit Affidavit of Service).(Randazzo, James)

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Defendant: Gregory Walz
Represented By: James A. Randazzo
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Defendant: Jonathan J. Evans
Represented By: James A. Randazzo
Represented By: Drew William Sumner
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Defendant: Town Of Pound Ridge
Represented By: James A. Randazzo
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Defendant: Jonathan J Evans
Represented By: James A. Randazzo
Represented By: Drew William Sumner
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Defendant: Gregory E. Walz
Represented By: James A. Randazzo
Represented By: Drew William Sumner
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Defendant: Town of Pound Ridge, New York
Represented By: James A. Randazzo
Represented By: Drew William Sumner
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Plaintiff: Mildred B Mendelson
Represented By: Michael Salvatore Pascazi
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