Moyenga et al v. Westchester County et al
| Abdoul Moyenga and Edwin Santana |
| Westchester County and Leandra Eustache |
| 7:2022cv09603 |
| November 10, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Kenneth M Karas |
| Judith C McCarthy |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
SCHEDULING ORDER: The Court has scheduled a Status Conference for February 17, 2023 at 11:00 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. Status Conference set for 2/17/2023 at 11:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 12/27/2022) (ate)
|
|
Filing 26
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 set forth herein.) SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/27/2022) (jca)
|
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 12/16/2022. Daniel Ackman and M. Daniel Bach appeared for Plaintiff. Lauren Zeitler appeared on behalf of Defendants. No court reporter served. A status conference will be held on May 10, 2023 at 11 AM. (RDK) |
|
Filing 25
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. Motions referred to Judith C. McCarthy. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/16/2022) (vfr)
|
|
Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. The movant's pre-motion letter is due 4/26/23. The non-movant's response is due 5/3/23. SO ORDERED. Depositions due by 3/31/2023. Fact Discovery due by 4/16/2023. Case Management Conference set for 5/10/2023 at 11:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 12/16/2022) (vfr)
|
| Filing 23 PROPOSED CASE MANAGEMENT PLAN. Document filed by Leandra Eustache, Westchester County..(Zeitler, Loren) |
|
Filing 22
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, December 16, 2022 at 11 :00 a.m. Counsel shall submit a proposed case management and discovery schedule via ECF by 5 :00 p.m. on the evening before the initial conference. 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 (#). So Ordered. ( Telephone Conference set for 12/16/2022 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/9/22) (yv)
|
| Filing 21 ANSWER to #1 Complaint. Document filed by Leandra Eustache, Westchester County..(Zeitler, Loren) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Donna Dixon. Document filed by Edwin Santana, Abdoul Moyenga..(Ackman, Daniel) |
| Filing 19 NOTICE OF APPEARANCE by Alida Lavidania Marcos on behalf of Leandra Eustache, Westchester County..(Marcos, Alida) |
| 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Paul G. Gardephe is no longer assigned to the case. (vba) |
|
Filing 18
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, that the County will not enforce its Vehicle Immobilization Program as it applies to for-hire vehicle based on civil penalties owed or summonses unanswered by third parties during the pendency of this litigation; and IT IS FURTHER STIPULATED AND AGREED, that the County will release Plaintiff Abdoul Moyenga's vehicle to his custody at no cost to him. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/29/2022) (ks)
|
| Filing 17 MEMORANDUM OF LAW in Opposition re: #16 FIRST LETTER MOTION for Conference for reassignment to White Plains Courthouse addressed to Judge Paul G. Gardephe from Loren Zeitler dated 11.28.2022. . Document filed by Abdoul Moyenga, Edwin Santana..(Ackman, Daniel) |
| Filing 16 FIRST LETTER MOTION for Conference for reassignment to White Plains Courthouse addressed to Judge Paul G. Gardephe from Loren Zeitler dated 11.28.2022. Document filed by Leandra Eustache, Westchester County..(Zeitler, Loren) |
| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Leandra Eustache, Westchester County..(Zeitler, Loren) |
|
Filing 14
ORDER granting #13 Letter Motion for Extension of Time. The application is granted. Opposition Papers or a stipulation will be filed by November 28, 2022. In the event that Defendants file opposition papers, the Court will set at schedule for Plaintiff's reply and a hearing on Plaintiffs application for injunctive relief. SO ORDERED. Show Cause Response due by 11/28/2022. (Signed by Judge Paul G. Gardephe on 11/17/2022) (tg)
|
| Filing 13 FIRST LETTER MOTION for Extension of Time to Oppose Order to Show Cause addressed to Judge Paul G. Gardephe from Loren Zeitler dated 11.17.2022. Document filed by Leandra Eustache, Westchester County..(Zeitler, Loren) |
| Filing 12 NOTICE OF APPEARANCE by Loren Zeitler on behalf of Leandra Eustache, Westchester County..(Zeitler, Loren) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Leandra Eustache..(lal) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Westchester County..(lal) |
|
Filing 9
ORDER TO SHOW CAUSE: Upon the declaration of Abdoul Moyenga, sworn to November 9, 2022, the exhibits thereto, the accompanying memorandum of law, and upon the copy of the complaint hereto annexed, it is ORDERED, that the above named defendants show cause before a motion term of this Court, at Room 705, United States Courthouse, 40 Foley Square, in the City, County, and State of New York, on November 22, 2022 at 11:00 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the defendant's Vehicle Immobilization Program to the extent it allows the warrantless seizure of for-hire vehicles based on civil penalties owed or summonses unanswered by third parties; and it is further ORDERED that service by hand of a copy of this order and annexed declaration, exhibits and the accompanying memorandum of law upon the defendants or their counsel on or before November 15, 2022 at 12:00 noon, shall be deemed good and sufficient service thereof. Opposition papers will be served and filed by 10:00 a.m. on November 18, 2022. Any reply will be served and filed by 10:00 a.m. on November 21, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/14/2022) Show Cause Hearing set for 11/22/2022 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (ks)
|
| Set/Reset Deadlines: Responses due by 11/18/2022 Replies due by 11/21/2022. (ks) |
| Filing 8 NOTICE OF APPEARANCE by Murray Daniel Bach on behalf of Abdoul Moyenga..(Bach, Murray) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to LEANDRA EUSTACHE, re: #1 Complaint. Document filed by Abdoul Moyenga, Edwin Santana..(Ackman, Daniel) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Westchester County, re: #1 Complaint. Document filed by Abdoul Moyenga, Edwin Santana..(Ackman, Daniel) |
| Filing 5 MEMORANDUM OF LAW in Support TRO. Document filed by Abdoul Moyenga, Edwin Santana..(Ackman, Daniel) |
| Filing 4 DECLARATION of Abdoul Moyenga in Support. Document filed by Abdoul Moyenga, Edwin Santana. (Attachments: #1 Exhibit VIP sticker, #2 Exhibit VIP form/notice).(Ackman, Daniel) |
| Filing 3 CIVIL COVER SHEET filed..(Ackman, Daniel) |
| Filing 2 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Abdoul Moyenga, Edwin Santana..(Ackman, Daniel) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 1 COMPLAINT against Westchester County, Leandra Eustache. (Filing Fee $ 402.00, Receipt Number ANYSDC-26942077)Document filed by Abdoul Moyenga, Edwin Santana..(Ackman, Daniel) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Daniel Lee Ackman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #2 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Lee Ackman. The party information for the following party/parties has been modified: Abdoul Moyenga, Edwin Santana, Leandra Eustache. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Daniel Lee Ackman. The following party/parties has been removed from this case: Daniel Ackman. The party was added to the case in error. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Lee Ackman. The following case opening statistical information was erroneously selected/entered: County code Westchester;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
