Rabadi v. City of Yonkers et al
| Mr. Joseph Rabadi and Joseph Rabadi |
| Miriam Elizabeth Rocah, County Auto & Commercial Towning North Inc, City of Yonkers, Brian Bendish, Miriam E. Rocah and County Auto & Commercial Towing North, Inc. |
| 7:2021cv01258 |
| February 11, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. § 1983 cvp |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.
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Filing 29
LETTER addressed to Judge Vincent L. Briccetti from Giacomo G. Micciche dated April 7, 2021 re: Compliance with April 1, 2021 Order. Document filed by Miriam E. Rocah. (Attachments: #1 Exhibit GMC Letter).(Micciche, Giacomo)
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Filing 28
MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Miriam E. Rocah..(Micciche, Giacomo)
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Filing 27
DECLARATION of Giacomo G. Micciche in Support re: #18 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Miriam E. Rocah. (Attachments: #1 Exhibit Complaint, #2 Exhibit Notice).(Micciche, Giacomo)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Giacomo Gaspare Micciche to RE-FILE Document #20 MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-file and link ONLY to document #18 Motion. (ldi)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Giacomo Gaspare Micciche to RE-FILE Document #19 MOTION to Dismiss Declaration of Giacomo G. Micciche. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: You must sign or s/ the document before re-filing. Re-file and link ONLY to document #18 Motion. (ldi)
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Filing 26
ORDER: Accordingly, it is HEREBY ORDERED: 1. By April 8, 2021, all defendants, including defendant Rocah, shall respond to the merits of plaintiffs motion for a writ of replevin. 2. A status conference for the purpose of addressing plaintiffs motion for a writ of replevin and defendants' responses thereto is scheduled for April 15, 2021, at 10:00 a.m. All counsel shall attend the conference by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. 3. Prior to the April 15 conference, ALL counsel are directed to meet and confer regarding the return of plaintiffs vehicle and discuss in good faith a resolution of this dispute. If, as the Court expects, the parties reach a resolution prior to the scheduled conference, they shall write a joint letter to the Court regarding such resolution. 4. By April 19; 2021, defendants must either (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint. In addition, defendant Rocah may instead notify the Court by letter that she is relying on her initially filed motion to dismiss. SO ORDERED. City of Yonkers answer due 4/19/2021; County Auto & Commercial Towing North, Inc. answer due 4/19/2021; Miriam E. Rocah answer due 4/19/2021. Motions due by 4/19/2021. Responses due by 4/8/2021. Telephone Conference set for 4/15/2021 at 10:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 4/1/2021) (mml)
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Filing 25
ANSWER to Complaint. Document filed by City of Yonkers..(McCormick, Rory)
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Filing 24
FIRST LETTER addressed to Judge Vincent L. Briccetti from James Monteleon dated 03-29-2021 re: Court Order Dated March 22, 2021. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 23
FIRST AMENDED COMPLAINT amending #1 Complaint, against City of Yonkers, County Auto & Commercial Towing North, Inc., Miriam E. Rocah, Brian Bendish with JURY DEMAND.Document filed by Joseph Rabadi. Related document: #1 Complaint,..(Monteleon, James)
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Filing 22
ORDER: Accordingly, it is hereby ORDERED: 1. By no later than March 29, 2021, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. 2. Also by March 29, 2021, plaintiff shall reply to the portion of defendant's motion opposing plaintiffs motion for a writ of replevin. 3. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. 4. If plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of its intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. SO ORDERED. (Replies due by 3/29/2021.) (Signed by Judge Vincent L. Briccetti on 3/22/2021) (mml)
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Filing 21
NOTICE OF APPEARANCE by Giacomo Gaspare Micciche on behalf of Miriam E. Rocah..(Micciche, Giacomo)
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Filing 20
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memorandum of Law in Support of Motion to Dismiss. Document filed by Miriam E. Rocah..(Micciche, Giacomo) Modified on 4/6/2021 (ldi).
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Filing 19
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of Giacomo G. Micciche. Document filed by Miriam E. Rocah. (Attachments: #1 Exhibit, #2 Exhibit).(Micciche, Giacomo) Modified on 4/6/2021 (ldi).
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Filing 18
MOTION to Dismiss Plaintiff's Complaint. Document filed by Miriam E. Rocah..(Micciche, Giacomo)
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Filing 17
AFFIDAVIT OF SERVICE of Verified Answer served on James R. Monteleon, attorney for Plaintiff, Joseph Rabadi on March 12, 2021. Service was made by Mail. Document filed by County Auto & Commercial Towing North, Inc...(Feinstein, Steven)
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Filing 16
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by County Auto & Commercial Towing North, Inc...(Feinstein, Steven)
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Filing 15
ANSWER to #1 Complaint,., CROSSCLAIM against City of Yonkers, Miriam E. Rocah. Document filed by County Auto & Commercial Towing North, Inc...(Feinstein, Steven)
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Filing 14
AFFIDAVIT OF SERVICE of Summons and Complaint,. Miriam E. Rocah served on 2/26/2021, answer due 3/19/2021. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 13
AFFIDAVIT OF SERVICE of Summons and Complaint,. County Auto & Commercial Towing North, Inc. served on 2/16/2021, answer due 3/9/2021. Service was accepted by Refused to give name. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. City of Yonkers served on 2/16/2021, answer due 3/9/2021. Service was accepted by Teresa McKenzie. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Miriam E. Rocah..(dnh)
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Filing 10
MOTION for Writ of Replevin as to Defendants . Document filed by Joseph Rabadi. (Attachments: #1 Text of Proposed Order).(Monteleon, James)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Miriam Elizabeth Rocah, re: #1 Complaint,. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 8
CIVIL COVER SHEET filed..(Monteleon, James)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to County Auto & Commercial Towing North, Inc...(jgo)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to City of Yonkers..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Monteleon. The party information for the following party/parties has been modified: Mr. Joseph Rabadi; City of Yonkers; Miriam Elizabeth Rocah; County Auto & Commercial Towning North Inc. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Monteleon. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James Monteleon to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code was not selected;. 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.. (jgo)
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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..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Andrew E. Krause 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James Monteleon to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text must match exactly as it appears on the pleading caption; party name on the PDF 'To' section is not a party of record;. 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. (jgo)
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Filing 5
FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Miriam Elizabeth Rocah, re: #1 Complaint,. Document filed by Joseph Rabadi..(Monteleon, James) Modified on 2/12/2021 (jgo).
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to County Auto & Commercial Towing North Inc,, re: #1 Complaint,. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to City of Yonkers, re: #1 Complaint,. Document filed by Joseph Rabadi..(Monteleon, James)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Monteleon, James) Modified on 2/12/2021 (jgo).
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Filing 1
COMPLAINT against City of Yonkers, County Auto & Commercial Towning North Inc, Miriam Elizabeth Rocah. (Filing Fee $ 402.00, Receipt Number ANYSDC-23905576)Document filed by Joseph Rabadi. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Declaration in Support, #9 Memo of Law in Support of Writ, #10 Writ of Replevin).(Monteleon, James)
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