Santander Consumer USA, Inc. v. The City of Yonkers et al
| 7:2020cv04553 |
| July 22, 2020 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
208
ORDER, In light of her failure to provide supporting documentation concerning the condition of the converted vehicle, Intervenor's Damages Motion is denied without prejudice to her ability to submit such documentation. The Court will continu e to reserve decision on Intervenor's Motion for Attorneys' Fees. The Court will hold a status conference in this case on May 17, 2024 at 12:00 p.m. SO ORDERED. ( Status Conference set for 5/17/2024 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/1/24) (yv)
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Filing
201
ORDER, The Court will hold oral argument on Plaintiff-Intervenor's Motion for Summary Judgment and for Attorneys' Fees (the "Motion") (Dkt. No. 160) on Tuesday, October 4, 2023 at 2:00 p.m. All Parties to the Motion must appear . At the time of argument, the Parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 7702195, followed by the pound (#) key. ( Telephone Conference set for 10/4/2023 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/7/23) (yv)
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Filing
196
JUDGMENT. Judgment is hereby entered against Defendant pursuant to Fed.R. Civ. P. 68 as follows: Judgment is entered in favor of Plaintiff and against Defendant, City of Yonkers, in the amount of $140,000, aside from and in addition to the � 36;3,000 damages award previously paid to Plaintiff pursuant to a separate Rule 68 Offer dated August 3, 2021 in Dkt. No. 7:20-cv-4553, inclusive of all costs, disbursements and Attorney's fees incurred by or on behalf of the Plaintiff and an y claims that said Plaintiff could assert against the Defendant City or otherwise for costs, disbursements and Attorney's fees, in the Above Captioned Matters; and Judgment is entered against Defendant requiring Defendant to further revise the Defendant City's Code to adopt a new policy and procedure (the "Policy Update") for the future handling of motor vehicles subject to liens that are seized by the City, by amending §§ 109-37, 109-42, and 109-132 of its City Code in relation to any motor vehicle being towed or removed for non-payment of parking tickets or other violations of law or Code to provide for prompt notice of towing or removal, as well as an opportunity to be heard before a person or party in dependent of the Defendant City, to any registered owner, title owner, lessor or lien holder of any motor vehicle being towed or removed for non-payment of parking tickets or other violations of law or Code. This Court shall retain jurisdiction of this action to ensure compliance with this Order and for all other purposes related to this Action. There being no just reason for delay, the Clerk of the Court is hereby instructed to enter this Order and Judgment against Defendant City of Yonkers forthwith and without further notice. The Clerk of Court is directed to close these cases. SO ORDERED,, Motions terminated: (160 in 7:20-cv-04553-KMK-VR, 160 in 7:20-cv-04553-KMK-VR) MOTION for Judgment on Damages. MOTION for Attorn ey Fees . filed by Kate A. Mensah, (169 in 7:20-cv-04553-KMK-VR) FIRST LETTER MOTION to Stay re: (168) Proposed Scheduling Order addressed to Judge Kenneth M. Karas from Paul w. Meyer jr. dated April 5, 2023. filed by Harold Wuestenhoefer, A.P.O.W. Towing, LLC. (Signed by Judge Kenneth M. Karas on 7/17/23) (yv)
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Filing
179
NOTICE OF TELECONFERENCE INFORMATION: For the week of April 17, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated t ime: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel i nvolved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the a bove-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/14/2023) (tg)
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Filing
172
ORDER with respect to 169 Letter Motion to Stay re: 169 FIRST LETTER MOTION to Stay re: 168 Proposed Scheduling Order addressed to Judge Kenneth M. Karas from Paul w. Meyer jr. dated April 5, 2023. The other Parties are to respond to this letter by 4/10/23. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/5/2023) (jca)
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Filing
159
JUDGEMENT IN A CIVIL ACTION: The Court has ordered on August 17, 2021, that the plaintiff, Santander Consumer USA, Inc. ("Plaintiff"), recover from the defendant, City of Yonkers ("Defendant"), on an offer of judgment pursuant t o Fed. R. Civ. P. 68, the amount of three thousand dollars ($3,000.00), see Dkt. No. 79; and the Court has ordered on September 12, 2022, that the Plaintiff, recover from the Defendant, on an order granting attorneys fees in the amount of nin ety-six thousand and seventy-seven dollars and fifty-four cents ($96,077.54), see Dkt. No. 144; and the award including no prejudgment interest, post judgment interest, or other costs, judgment is hereby entered pursuant to Fed. R. Civ. P. 58(b)(1)(B) in the total amount of $99,077.54. (Signed by Judge Kenneth M. Karas on 10/26/2022) (rro)
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Filing
144
OPINION & ORDER re: 95 MOTION for Attorney Fees . filed by Santander Consumer USA, Inc., 103 FIRST MOTION for Summary Judgment in favor of APOW and WUESTENHOEFER. filed by Harold Wuestenhoefer, 106 MOTION for Summa ry Judgment . filed by The City of Yonkers, 89 MOTION for Summary Judgment . filed by The City of Yonkers. Santander's Motion for Attorney's fees is granted with modifications, with the Court awarding a total of � 36;96,077.54 in attorney's fees and costs to Santander. Yonkers' Motion for Summary Judgment is denied, Mensah's Motion for Summary Judgment is granted, and APOW's Motion for Summary Judgment is granted in part and denied in pa rt. Specifically, APOW's Motion for Summary Judgment is denied with respect to every claim except for Mensahs GBL claim. The Clerk of Court is respectfully directed to terminate the pending Motions. (Dkt. Nos. 89, 95, 103, 106.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/12/22) (yv)
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Filing
79
JUDGMENT: This action having been commenced on June 15, 2020 by the filing of the Complaint; and it appearing that Defendant, City of Yonkers ("Yonkers") made an offer of judgment pursuant to Federal Rule of Civil Procedure 68 on August 3, 2021; and it appearing that Plaintiff, Santander Consumer USA, Inc. ("Plaintiff") accepted that offer on August 16, 2021; and Plaintiff having filed the offer, acceptance, and an appropriate proof of service with the court i n accordance with Rule 68(a); and good cause having been shown; judgment is hereby entered against Yonkers pursuant to Fed. R. Civ. P. 68 as follows: Judgment is entered in favor of Plaintiff and against Defendant, City of Yonkers , in the amount of $3,000, exclusive of all costs and attorneys' fees at issue in this action; and Judgment is entered against Yonkers requiring Yonkers to further revise the Defendant City's Code at Chapter 109-132 and any other related provisions and practices to provide for prompt notice of towing or removal as well as an opportunity to be heard before a person or party independent of the Defendant City to any registered o wner, title owner, lessor or lien holder of any motor vehicle being towed or removed for non- payment of parking tickets or other violations of law or Code or otherwise amend the aforesaid City Code to reflect all current legal requirement s. This Court shall retain jurisdiction of this action to ensure compliance with this Order and for all other purposes related to this Action. There being no just reason for delay, the Clerk of the Court is hereby instructed to enter this Order and Judgment against Defendant City of Yonkers forthwith and without further notice. So Ordered. (Signed by Judge Kenneth M. Karas on 8/17/2021) (js)
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Filing
66
NOTICE OF TELECONFERENCE INFORMATION: For the week of June 14, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (US A toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall m ail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 6/11/2021) (rro)
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Filing
61
MEMORANDUM AND ORDER granting 53 Motion to Intervene. In sum, Ms. Mensah has established that she is entitled to permissive intervention under Fed. R. Civ. P. 24(b)(1)(B). Accordingly, the motion is GRANTED. Ms. Mensah shall file her complaint within three business days of this order. The Clerk shall close Dkt. 53. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/17/2021) (ks)
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Filing
55
ORDER granting 54 Letter Motion to Adjourn Conference. Granted. The Court will hold a teleconference on June 17, 2021 at 2:30 pm. So Ordered. ( Telephone Conference set for 6/17/2021 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/27/21) (yv)
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Filing
28
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 10/21/2020) (ks)
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Filing
20
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Friday, October 2, 2020 at 12:00 p.m. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Telephone Conference set for 10/2/2020 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 7/22/2020) (jca)
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