Johnson v. City of Poughkeepsie et al
| ANTAWON JOHNSON |
| CITY OF POUGHKEEPSIE, TROOPER CHRISTOPHER BATTISTA, TROOPER Marcus Rivera, Marcus Rivera, TROOPER NICHOLAS MOLYNEAUX, JOHN DOE, TROOPER JOHN DOE, POLICE OFFICER ROBERT HABERSKI, POLICE OFFICER DAVID VANDEMARK, Police Officer Joseph Whalen, HSA Lorraine Levitas, HAS Lorraine Levitas and Lorraine Levitas |
| NYS Attorney General |
| 7:2022cv07385 |
| August 29, 2022 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 24 CERTIFICATE OF SERVICE of Summons and Complaint,,. Lorraine Levitas served on 9/13/2022, answer due 11/14/2022; Lorraine Levitas served on 9/13/2022, answer due 11/14/2022. Service was accepted by NURSE KAREN BYER. Service was made by SUBSTITUTE AND MAIL. Document filed by Antawon Johnson..(Konan, Ryanne) |
| Filing 23 CERTIFICATE OF SERVICE of Summons and Complaint,,. Joseph Whalen served on 9/13/2022, answer due 10/4/2022; Joseph Whalen served on 9/13/2022, answer due 10/4/2022. Service was accepted by OFFICER GRIMOR. Service was made by SUBSTITUTE AND MAIL. Document filed by Antawon Johnson..(Konan, Ryanne) |
| Filing 22 CERTIFICATE OF SERVICE of Summons and Complaint,,. Robert Haberski served on 9/13/2022, answer due 10/4/2022; Robert Haberski served on 9/13/2022, answer due 10/4/2022. Service was accepted by OFFICER GRIMOR. Service was made by SUBSTITUTE AND MAIL. Document filed by Antawon Johnson..(Konan, Ryanne) |
| Filing 21 CERTIFICATE OF SERVICE of Summons and Complaint,,. City of Poughkeepsie served on 9/8/2022, answer due 9/29/2022. Service was accepted by CITY CHAMBERLAIN. Document filed by Antawon Johnson..(Konan, Ryanne) |
| Filing 20 CERTIFICATE OF SERVICE of Summons and Complaint,,. Marcus Rivera(as employee of the State of New York) served on 9/13/2022, answer due 10/4/2022; Marcus Rivera(individually) served on 9/13/2022, answer due 10/4/2022. Service was accepted by SERGEANT NYSP. Service was made by 09/13/2022. Document filed by Antawon Johnson..(Konan, Ryanne) |
| Filing 19 CERTIFICATE OF SERVICE of Summons and Complaint,,. Nicholas Molyneaux(individually) served on 9/13/2022, answer due 10/4/2022; Nicholas Molyneaux(as employee of the State of New York) served on 9/13/2022, answer due 10/4/2022. Service was accepted by SERGEANT NYSP. Service was made by 09/13/2022. Document filed by Antawon Johnson..(Konan, Ryanne) |
| Filing 18 CERTIFICATE OF SERVICE of Summons and Complaint,,. Christopher Battista(individually) served on 9/13/2022, answer due 10/4/2022; Christopher Battista(as employee of the State of New York) served on 9/13/2022, answer due 10/4/2022. Service was accepted by Sergeant NYSP. Service was made by 09/13/2022. Document filed by Antawon Johnson..(Konan, Ryanne) |
Filing 17
ORDER granting #15 Letter Motion for Extension of Time to Answer: Defendant Lorraine Levitas may have until 11/14/22 to respond to the Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 16
ORDER granting #13 Letter Motion for Conference: Telephonic Pre-Motion Conference set for 11/17/22 at 4:45 pm. Call 877-336-1839 and enter access code 1047966#. Plaintiff shall state his position, by letter of no more than 3 pages, by 11/10/22. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 15 LETTER MOTION for Extension of Time to File Answer addressed to Judge Cathy Seibel from Paul A. Sanders dated September 30, 2022. Document filed by Lorraine Levitas..(Sanders, Paul) |
| Filing 14 NOTICE OF APPEARANCE by Paul Andrew Sanders on behalf of Lorraine Levitas..(Sanders, Paul) |
| Filing 13 LETTER MOTION for Conference (pre-motion) addressed to Judge Cathy Seibel from David L. Posner, Esq. dated September 30, 2022. Document filed by City of Poughkeepsie, Robert Haberski, Robert Haberski, David Vandemark(individually), David Vandemark(as employee of the City of Poughkeepsie Police Department), Joseph Whalen, Joseph Whalen..(Posner, David) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time: Defendants Batista, Molyneaux and Rivera may have until 11/14/22 to respond to the Complaint. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 11 FIRST LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Andrew Blancato dated 09/29/2022. Document filed by NYS Attorney General..(Blancato, Andrew) |
| Filing 10 NOTICE OF APPEARANCE by David Lewis Posner on behalf of City of Poughkeepsie, Robert Haberski, Robert Haberski, David Vandemark(individually), David Vandemark(as employee of the City of Poughkeepsie Police Department), Joseph Whalen, Joseph Whalen..(Posner, David) |
| Filing 9 NOTICE OF APPEARANCE by Kimberly Hunt Lee on behalf of City of Poughkeepsie, Robert Haberski, Robert Haberski, David Vandemark(individually), David Vandemark(as employee of the City of Poughkeepsie Police Department), Joseph Whalen, Joseph Whalen..(Lee, Kimberly) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Christopher Battista(individually), Christopher Battista(as employee of the State of New York), City of Poughkeepsie, Robert Haberski, Robert Haberski, Lorraine Levitas, Lorraine Levitas, Nicholas Molyneaux(individually), Nicholas Molyneaux(as employee of the State of New York), Marcus Rivera(as employee of the State of New York), Marcus Rivera(individually), David Vandemark(individually), David Vandemark(as employee of the City of Poughkeepsie Police Department), Joseph Whalen, Joseph Whalen..(jgo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to The City of Poughkeepsie, Trooper Christopher Battista, Trooper Marcus Rivera, Trooper Nicholas Molyneaux, Police Officer Robert Haberski, Police Officer David Landmark, Police Officer Joseph Whalen, Lorraine Levitas, re: #1 Complaint,,. Document filed by Antawon Johnson..(Konan, Ryanne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ryanne Guy Konan to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time;. 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 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF POUGHKEEPSIE, TROOPER CHRISTOPHER BATTISTA, TROOPER MARCUS RIVERA, TROOPER NICHOLAS MOLYNEAUX, POLICE OFFICE ROBERT HABERSKI, POLICE OFFICER DAVID VANDEMARK, POLICE OFFICER JOSEPH WHALEN, LORRAINE LEVITAS, re: #1 Complaint,,. Document filed by Antawon Johnson..(Konan, Ryanne) Modified on 9/2/2022 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ryanne Guy Konan to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Request for Issuance of Summons cannot be issued for the party requested (Trooper John Doe) because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. 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. (vf) |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF POUGHKEEPSIE, TROOPER CHRISTOPHER BATTISTA, TROOPER MARCUS RIVERA, TROOPER NICHOLAS MOLYNEAUX, and TROOPER JOHN DOE, POLICE OFFICER ROBERT HABERSKI, POLICE OFFICER DAVID VANDEMARK, POLICE OFFICER JOSEPH WHALEN, LORRAINE LEVITAS, re: #1 Complaint,,. Document filed by Antawon Johnson..(Konan, Ryanne) Modified on 9/1/2022 (vf). |
| Filing 4 CIVIL COVER SHEET filed..(Konan, Ryanne) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Joseph Whalen added. Party added pursuant to #1 Complaint,,.Document filed by Antawon Johnson. Related document: #1 Complaint,,..(Konan, Ryanne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ryanne Guy Konan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1332; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983; the County code has been modified to Dutchess;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ryanne Guy Konan to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Jury Demand code was not selected; Origin 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) |
| NOTICE OF PARTICIPATION IN 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's 1983 Plan. Please reference the Court's website, www.nysd.uscourts.gov/mediation, to review the 1983 Plan for White Plains, effective October 3, 2016, for important information.(jpt) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ryanne Guy Konan. The party information for the following party/parties has been modified: ANTAWON JOHNSON; CITY OF POUGHKEEPSIE; CHRISTOPHER BATTISTA; CHRISTOPHER BATTISTA; NICHOLAS MOLYNEAUX; NICHOLAS MOLYNEAUX; JOHN DOE; JOHN DOE; ROBERT HABERSKI; ROBERT HABERSKI; DAVID VANDEMARK; DAVID VANDEMARK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ryanne Guy Konan re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Joseph Whalen in their individual capacity. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ryanne Guy Konan to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; do not use the FOIA summons; the rider is not attached; the Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time;. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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) |
| Case Designated ECF. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Konan, Ryanne) Modified on 8/30/2022 (jgo). |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of Poughkeepsie, Trooper Christopher Battista, Trooper Marcus Rivera, Trooper Nicholas Molyneaux, and Trooper John Doe, Police Officer Robert Haberski, Police Officer David Landmark, Police Officer Joseph Whalen, Lorraine Levitas, re: #1 Complaint,,. Document filed by ANTAWON JOHNSON..(Konan, Ryanne) Modified on 8/30/2022 (jgo). |
| Filing 1 COMPLAINT against CHRISTOPHER BATTISTA(Individually), CHRISTOPHER BATTISTA(As employee of the State of New York), CITY OF POUGHKEEPSIE, JOHN DOE, JOHN DOE, ROBERT HABERSKI(Individually), ROBERT HABERSKI(As employee of the State of New York), Lorraine Levitas, Lorraine Levitas, NICHOLAS MOLYNEAUX(Individually), NICHOLAS MOLYNEAUX(As Employee of the State of New York), Marcus Rivera(As Employee of the State of New York), Marcus Rivera(Individually), DAVID VANDEMARK(Individually), DAVID VANDEMARK(As Employee of the State of New York), Joseph Whalen. (Filing Fee $ 402.00, Receipt Number ANYSDC-26609439)Document filed by ANTAWON JOHNSON..(Konan, Ryanne) |
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