Schuyler v. City of New Rochelle et al
| Edward Schuyler |
| The City of New Rochelle, Sergeant Torres, Sergeant Salerno, Police Officer Karales, Police Officer Pina, City of New Rochelle, Sergeant J. Torres, Sergeant J. Salerno, Police Officer Nikolas Karales, Police Officer A.G. Pina and New Rochelle Police Department |
| 7:2023cv04151 |
| May 19, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 13
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discove1y Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by 10/3/2023. Motions due by 8/4/2023. Deposition due by 12/22/2023. Fact Discovery due by 11/2/2023. Expert Discovery due by 12/22/2023. Discovery due by 12/22/2023. Case Management Conference set for 1/30/2024 at 10:00 AM before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 7/5/2023) (jca)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Amend #11 LETTER MOTION for Extension of Time to Amend addressed to Judge Philip M. Halpern from Mark A. Guterman dated June 30, 2023. As discussed on the record, the Court grants Plaintiffs request to file the Second Amended Complaint, on consent of Defendants. (Doc. 11). Plaintiff shall file the Second Amended Complaint by July 7, 2023. The Court granted Defendants leave to file a motion to dismiss the Monell claims alleged in the Second Amended Complaint. Defendants motion shall be served, not filed, by July 21, 2023; Plaintiffs opposition shall be served, not filed, by August 11, 2023; reply shall be served by August 25, 2023; and all papers shall be filed on the reply date, August 25, 2023. Discovery will not be stayed. The Court will separately docket a Civil Case Discovery Plan and Scheduling Order. The Clerk of Court is respectfully directed to terminate the motion pending at Doc. 11. SO ORDERED. Amended Pleadings due by 7/7/2023. (Signed by Judge Philip M. Halpern on 7/5/2023) (jca)
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Set/Reset Deadlines: All Defendants. Motions due by 8/25/2023. Responses due by 8/25/2023 Replies due by 8/25/2023. (jca)
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Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 7/5/2023. Counsel for all parties appeared by telephone. Orders to follow. (sbh)
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Filing 11
LETTER MOTION for Extension of Time to Amend addressed to Judge Philip M. Halpern from Mark A. Guterman dated June 30, 2023. Document filed by Edward Schuyler..(Guterman, Mark)
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Filing 10
ORDER: granting #5 Letter Motion for Conference re: #5 LETTER MOTION for Conference (pre-motion conference). addressed to Judge Philip M. Halpern from Lalit K. Loomba dated June 6, 2023., #8 LETTER MOTION for Conference re: #5 LETTER MOTION for Conference (pre-motion conference). addressed to Judge Philip M. Halpern from Lalit K. Loomba dated June 6, 2023. addressed to Judge Philip M. Halpern from Mark A. Guterma ; granting #8 Letter Motion for Conference re: #5 LETTER MOTION for Conference (pre-motion conference). addressed to Judge Philip M. Halpern from Lalit K. Loomba dated June 6, 2023., #8 LETTER MOTION for Conference re: #5 LETTER MOTION for Conference (pre-motion conference). addressed to Judge Philip M. Halpern from Lalit K. Loomba dated June 6, 2023. addressed to Judge Philip M. Halpern from Mark A. Guterma. Application for a pre-motion conference granted. A telephone conference has been scheduled for 7/5/2023 at 11 :30 a.m. At the time of the conference, all parties shall call the following number: (888) 398-2342; access code 3456831. As the opposition letter filed by plaintiff on June 13, 2023 was improperly docketed as a letter-motion, the Clerk of Court is respectfully directed to terminate that pending letter-motion as well (Docs. 5, 8). SO ORDERED. Telephone Conference set for 7/5/2023 at 11:30 AM before Judge Philip M. Halpern. Pre-Motion Conference set for 7/5/2023 at 11:30 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 6/14/2023) (ama)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mark A. Guterman to RE-FILE re: Document No. #7 Second Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted; the PDF attached to the docket entry for the pleading is not correct, Filing Court Title Error reflected on PDF; the All Defendant radio button was selected; the order granting permission to file the pleading was not attached. Re-file the pleading using the event type Second Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf)
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Filing 9
NOTICE OF APPEARANCE by Steven Joseph Bushnell on behalf of City of New Rochelle, Nikolas Karales, New Rochelle Police Department, A.G. Pina, J. Salerno, J. Torres..(Bushnell, Steven)
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Filing 8
LETTER MOTION for Conference re: #5 LETTER MOTION for Conference (pre-motion conference) addressed to Judge Philip M. Halpern from Lalit K. Loomba dated June 6, 2023. addressed to Judge Philip M. Halpern from Mark A. Guterman dated June 13, 2023. Document filed by Edward Schuyler..(Guterman, Mark)
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Filing 7
FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - SECOND AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Edward Schuyler..(Guterman, Mark) Modified on 6/14/2023 (vf).
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Filing 6
NOTICE OF APPEARANCE by Mark A. Guterman on behalf of Edward Schuyler..(Guterman, Mark)
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Filing 5
LETTER MOTION for Conference (pre-motion conference) addressed to Judge Philip M. Halpern from Lalit K. Loomba dated June 6, 2023. Document filed by City of New Rochelle, Nikolas Karales, New Rochelle Police Department, A.G. Pina, J. Salerno, J. Torres..(Loomba, Lalit)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (tp)
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Filing 4
CIVIL COVER SHEET filed..(Loomba, Lalit)
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Filing 3
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.(rpr)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lalit Kumar Loomba. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1983;. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lalit Kumar Loomba to RE-FILE Document No. #2 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; all of the party names must be completely visible on the PDF case caption. If all of the party names do not fit, include 'et al';. 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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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lalit Kumar Loomba re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add New Rochelle Police Department. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lalit Kumar Loomba. The party information for the following party/parties has been modified: The City of New Rochelle; Sergeant Torres; Sergeant Salerno; Police Officer Karales; Police Officer Pina. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
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Magistrate Judge Paul E. Davison 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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ADD PARTY FOR PLEADING. Defendants/Respondents Edward Schuyler added. Party added pursuant to #1 Notice of Removal,.Document filed by New Rochelle Police Department. Related document: #1 Notice of Removal,..(Loomba, Lalit)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Loomba, Lalit) Modified on 5/22/2023 (jgo).
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Westchester. Case Number: 58983-2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27761034).Document filed by Police Officer Pina, Sergeant Salerno, Sergeant Torres, The City of New Rochelle, Police Officer Karales. (Attachments: #1 Exhibit A (amended summons and complaint), #2 Exhibit B (affirmations of service)).(Loomba, Lalit)
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