Martinez v. County Of Rockland et al
| Odelvin Jacinto Martinez, as Administrator of the Estate of Ferdy Isaias Martinez and Odelvin Jacinto Martinez |
| Rockland County Sheriffs Office, Felix Clereaux, Michael Sullivan, Robert Bardio, John Augustoni, Raymond Nelson, Dirk Martinez, Clint Halstead, Connor McGuigan, County Of Rockland, William Carr and John Leonard |
| 7:2021cv01276 |
| February 12, 2021 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Judith C McCarthy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 15
ORDER. In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the Court as hereinafter set forth, and as further specified and set forth in this Order. So ordered. (Signed by Magistrate Judge Judith C. McCarthy on 4/9/2021) (rjm)
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Filing 14
SCHEDULING ORDER: The Court will hold a Telephone Conference on June 9, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017. Access Code: 4264138. So ordered. (Telephone Conference set for 6/9/2021 at 10:00 AM before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 4/9/2021) (rjm)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 4/7/2021. Joshua Kelner appeared on behalf of Plaintiff. Robert Weissman appeared on behalf of Defendants. No court reporter served. The Court adopted a case management order. See Order. Pre-motion letters are due in accordance with the Order. The Court will hold a status conference on January 14, 2022 at 11:00am. (ANR) Modified on 4/8/2021 (Daniels, Anthony). |
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Filing 13
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Kenneth M. Karas on 4/7/2021) (cf)
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Filing 12
CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. All fact discovery is to be completed no later than 10/4/2021. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: 12/20/2021. Parties have conferred and their present best estimate of the length of trial is 2-3 weeks. The next Case Management Conference is scheduled for 1/14/2022. (As further set forth in this Order.) Deposition due by 12/20/2021. Fact Discovery due by 10/4/2021. Case Management Conference set for 1/14/2022 at 11:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 4/7/2021) (cf)
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| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Odelvin Jacinto Martinez. (Attachments: #1 Text of Proposed Order Proposed Case Management Order).(Kelner, Joshua) |
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Filing 10
NOTICE OF TELECONFERENCE INFORMATION: For the week of April 5, 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 (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. 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 4/2/2021) (jca)
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Filing 9
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, April 7, 2021 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. Initial Conference set for 4/7/2021 at 12:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 3/26/2021) (jca)
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| Filing 8 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by John Augustoni, Robert Bardio, William Carr, Felix Clereaux, County Of Rockland, Clint Halstead, John Leonard, Dirk Martinez, Connor McGuigan, Raymond Nelson, Rockland County Sheriffs Office, Michael Sullivan..(Weissman, Robert) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. John Augustoni served on 3/1/2021, answer due 3/22/2021; Robert Bardio served on 3/1/2021, answer due 3/22/2021; William Carr served on 3/1/2021, answer due 3/22/2021; Felix Clereaux served on 3/1/2021, answer due 3/22/2021; County Of Rockland served on 3/1/2021, answer due 3/22/2021; Clint Halstead served on 3/1/2021, answer due 3/22/2021; John Leonard served on 3/1/2021, answer due 3/22/2021; Dirk Martinez served on 3/1/2021, answer due 3/22/2021; Connor McGuigan served on 3/1/2021, answer due 3/22/2021; Raymond Nelson served on 3/1/2021, answer due 3/22/2021; Rockland County Sheriffs Office served on 3/1/2021, answer due 3/22/2021; Michael Sullivan served on 3/1/2021, answer due 3/22/2021. Service was accepted by F. Mercedes/Alex Lopez. Document filed by Odelvin Jacinto Martinez..(Kelner, Joshua) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to John Augustoni, Robert Bardio, William Carr, Felix Clereaux, County Of Rockland, Clint Halstead, John Leonard, Dirk Martinez, Connor McGuigan, Raymond Nelson, Rockland County Sheriffs Office, Michael Sullivan..(jgo) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to County of Rockland, Rockland County Sheriff's Office, Raymond Nelson, Felix Clereaux, John Augustoni, Clint Halstead, William Carr, Dirk Martinez, Connor McGuigan, Robert Bardio, Michael Sullivan, and John Leonard, re: #1 Complaint,. Document filed by Odelvin Jacinto Martinez..(Kelner, Joshua) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joshua Kelmer to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Not all parties are listed on the rider;. 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) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to County of Rockland, Rockland County Sheriff's Office, Raymond Nelson, Felix Clereaux, John Augustoni, Clint Halstead, William Carr, Dirk Martinez, Connor McGuigan, Robert Bardio, Michael Sullivan, and John Leonard, re: #1 Complaint,. Document filed by Odelvin Jacinto Martinez..(Kelner, Joshua) Modified on 2/17/2021 (gp). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Douglas Kelner. The party information for the following party/parties has been modified: Odelvin Jacinto Martinez, as Administrator of the Estate of Ferdy Isaias Martinez. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add party text separately. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Douglas Kelner. The following case opening statistical information was erroneously selected/entered: Dollar Demand $20,000,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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) |
| Magistrate Judge Judith C. McCarthy 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) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joshua Douglas Kelner to RE-FILE Document No. #3 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): each summons request must be filed separately OR one summons may be filed including all of the party names and information on the PDF 'To' section or attaching a 'rider'; the PDF case caption must list all of the parties. If all of the party names do not fit, include 'et al';. 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) |
| Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to County of Rockland, Rockland County Sheriff's Office, Raymond Nelson, Felix Clereaux, John Augustoni, Clint Halstead, William Carr, Dirk Martinez, Connor McGuigan, Robert Bardio, Michael Sullivan, and John Leonard, re: #1 Complaint,. Document filed by Odelvin Jacinto Martinez, as Administrator of the Estate of Ferdy Isaias Martinez..(Kelner, Joshua) Modified on 2/16/2021 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Kelner, Joshua) |
| Filing 1 COMPLAINT against John Augustoni, Robert Bardio, William Carr, Felix Clereaux, County Of Rockland, Clint Halstead, John Leonard, Dirk Martinez, Connor McGuigan, Raymond Nelson, Rockland County Sheriffs Office, Michael Sullivan. (Filing Fee $ 402.00, Receipt Number ANYSDC-23914643)Document filed by Odelvin Jacinto Martinez, as Administrator of the Estate of Ferdy Isaias Martinez..(Kelner, Joshua) |
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