Robb v. Brewster et al
Plaintiff: Joseph Robb
Defendant: City of Poughkeepsie Police Department, Joseph Brewster and City of Poughkeepsie
Case Number: 7:2020cv10521
Filed: December 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Referring Judge: Nelson Stephen Roman
Nature of Suit: Assault Libel & Slander
Cause of Action: 28:1331ef
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Pamela J. Gabiger to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; the wrong party as to whom the summons is being issued is listed in the docket entry text. The party name as to whom the summons is being issued must be listed in the Defendant 'To:' section of the summons PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
January 21, 2021 Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to JOSEPH ROBB, re: #1 Complaint,. Document filed by Joseph Robb..(Gabiger, Pamela) Modified on 1/22/2021 (dnh).
January 15, 2021 Opinion or Order Filing 7 MEMO ENDORSEMENT on re: #5 Letter Requesting a pre-motion conference filed by City of Poughkeepsie. ENDORSEMENT : The Court is in receipt of Defendant City of Poughkeepsies (the "City") letter dated January 4, 2021 requesting a pre-motion conference in advanced of filing a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF No. 5.) Plaintiff has not responded to the City's letter. Separately, a review of the docket activity reveals that Defendants Joseph Brewster and City of Poughkeepsie Police Department have not made an appearance in this case, and Plaintiff has not sought the issuance of summonses or filed any proof of service. The Court waives the pre-motion conference requirement and grants the City leave to file it's motion to dismiss with the following briefing schedule: (1) the City's moving papers shall be served, not filed, February 17, 2021; (2) Plaintiff's opposition papers shall be served, not filed, March 19, 2021; and (3) the City's reply papers shall be served April 5, 2021. The parties are directed to file all of their motion documents on the reply date, April 5, 2021. In light of the (thus far) unrebutted service issues raised by the City and lack of proof of service filed with the Court, the current proposed motion may result in a drain on judicial resources insofar as it results in an order addressing procedural deficiencies and not the merits. Likewise, the motion may be less than efficient insofar as it only addresses claims against the City and not the other defendants. The parties are requested to meet and confer prior to February 17, 2021 to see if they can resolve any of these issues short of judicial intervention. The parties shall provide two (2) copies of their respective motion documents to Chambers on the date the documents are served upon their adversary. As long as the Court's Emergency Rules are in place, counsel for both parties are also directed to email copies of their respective papers to Chambers on the date they are served upon their adversary. SO ORDERED., ( Motions due by 4/5/2021., Responses due by 4/5/2021, Replies due by 4/5/2021.) (Signed by Judge Nelson Stephen Roman on 1/15/21) (yv)
January 4, 2021 Filing 6 NOTICE OF APPEARANCE by Kimberly Hunt Lee on behalf of City of Poughkeepsie..(Lee, Kimberly)
January 4, 2021 Filing 5 LETTER addressed to Judge Nelson Stephen Roman from David L. Posner, Esq. dated January 4, 2021 re: Requesting a pre-motion conference. Document filed by City of Poughkeepsie..(Posner, David)
January 4, 2021 Filing 4 NOTICE OF APPEARANCE by David Lewis Posner on behalf of City of Poughkeepsie..(Posner, David)
December 15, 2020 Magistrate Judge Andrew E. Krause is so redesignated. (wb)
December 15, 2020 NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Jesse M. Furman is no longer assigned to the case..(wb)
December 14, 2020 Case Designated ECF. (gp)
December 14, 2020 Magistrate Judge Ona T. Wang 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. (gp)
December 14, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(gp)
December 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Pamela J. Gabiger to RE-FILE Document No. #3 Notice (Other). The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form; the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp)
December 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Pamela J. Gabiger to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (gp)
December 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Pamela J. Gabiger to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp)
December 14, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Pamela J. Gabiger. The party information for the following party/parties has been modified: JOSEPH ROBB, CITY OF POUGHKEEPSIE CITY OF POUGHKEEPSIE, CITY OF POUGHKEEPSIE City of Poughkeepsie Police Department. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. OFFICER Joseph Brewster title was added but omitted on the PDF. (gp)
December 13, 2020 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of SUMMONS. Document filed by JOSEPH ROBB..(Gabiger, Pamela) Modified on 12/14/2020 (gp).
December 13, 2020 Filing 2 FILING ERROR - DEFICIENT PLEADING - CIVIL COVER SHEET PDF ERROR - CIVIL COVER SHEET filed..(Gabiger, Pamela) Modified on 12/14/2020 (gp). Modified on 12/14/2020 (gp).
December 13, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against JOSEPH ROBB. (Filing Fee $ 402.00, Receipt Number ANYSDC-23011692)Document filed by JOSEPH ROBB..(Gabiger, Pamela) Modified on 12/14/2020 (gp).

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Defendant: City of Poughkeepsie Police Department
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Defendant: Joseph Brewster
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Defendant: City of Poughkeepsie
Represented By: David Lewis Posner
Represented By: Kimberly Hunt Lee
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Plaintiff: Joseph Robb
Represented By: Pamela J. Gabiger
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