| Court: | nyed |
| Docket #: | 1:09-cv-03179 |
| Case Name: | King v. City of New York et al |
| PACER case #: | 294484 |
| Date filed: | 2009-07-23 |
| Date terminated: | 2010-05-25 |
| Assigned to: | Judge Roslynn R. Mauskopf |
| Referred to: | Magistrate Judge James Orenstein |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Michael King Plaintiff |
Mark S. Mulholland Thomas Anthony Telesca |
| City of New York Defendant |
Lisa Susan Rabinowitz Steven Joseph Auletta |
| Michael R. Bloomberg Defendant |
Lisa Susan Rabinowitz Steven Joseph Auletta |
| John Does 1-10 Defendant consisting of individuals to be determined |
|
| William Eisner Defendant |
Steven Joseph Auletta |
| Craig Kearney Defendant |
Steven Joseph Auletta |
| Det. Michael Centrone Defendant |
Steven Joseph Auletta |
| Dwayne Francis Defendant |
Steven Joseph Auletta |
| Dion Edwards Defendant |
Steven Joseph Auletta |
| Robert Maloney Defendant |
Steven Joseph Auletta |
| Brian Correll Defendant |
Steven Joseph Auletta |
| Luis Demarco Defendant |
Steven Joseph Auletta |
| U/C #C0097 Defendant |
Steven Joseph Auletta |
| U/C #C0021 Defendant |
Steven Joseph Auletta |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-07-23 | 1 | 0 | COMPLAINT (filing fee $350 receipt # 4653003336) against Michael R. Bloomberg, City of New York, John Does 1-10 Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Michael King. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 07/23/2009) | |||
| 2009-07-28 | 2 | 0 | SUMMONS Returned Executed by Michael King. City of New York served on 7/27/2009, answer due 8/17/2009. (Telesca, Thomas) (Entered: 07/28/2009) | |||
| 2009-07-28 | 3 | 0 | SUMMONS Returned Executed by Michael King. Michael R. Bloomberg served on 7/27/2009, answer due 8/17/2009. (Telesca, Thomas) (Entered: 07/28/2009) | |||
| 2009-08-10 | 4 | 0 | MOTION for Extension of Time to File Answer re 1 Complaint, or otherwise respond by Michael R. Bloomberg, City of New York. (Rabinowitz, Lisa) (Entered: 08/10/2009) | |||
| 2009-08-12 | 5 | 0 | SCHEDULING ORDER: An Initial Conference is scheduled for October 27, 2009, at 9:30 AM in Courtroom 11D South before Magistrate Judge James Orenstein. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/12/2009. (Guy, Alicia) (Entered: 08/12/2009) | |||
| 2009-10-02 | 6 | 0 | NOTICE of Appearance by Steven Joseph Auletta on behalf of Michael R. Bloomberg, City of New York (aty to be noticed) (Auletta, Steven) (Entered: 10/02/2009) | |||
| 2009-10-19 | 7 | 0 | ANSWER to 1 Complaint, by Michael R. Bloomberg, City of New York. (Auletta, Steven) (Entered: 10/19/2009) | |||
| 2009-10-22 | 8 | 0 | Letter MOTION to Adjourn Conference currently scheduled for October 27, 2009 by Michael King. (Telesca, Thomas) (Entered: 10/22/2009) | |||
| 2009-11-02 | 9 | 0 | Proposed Scheduling Order by Michael R. Bloomberg, City of New York (Auletta, Steven) (Entered: 11/02/2009) | |||
| 2009-11-04 | 10 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 11/4/2009. SCHEDULING: (1) The next settlement conference will be held on December 22, 2009 at 2:00 p.m. (2) A status conference will be held on April 28, 2010 at 9:30 a.m. (3) A pretrial conference will be held on September 22, 2010 at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) The plaintiff intends to withdraw his false arrest and malicious prosecution claims, and also to withdraw all claims against defendant Bloomberg. (2) The defendants consent to the filing of an amended complaint that substitutes for "John Does" defendants the names of certain officers who were present at the scene of the plaintiff's arrest. (3) No later than December 18, 2009, each party must submit an ex parte statement of its settlement position by fax (NOT ECF) specifying the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at this conference; clients or other persons with full settlement authority must be present or immediately available by telephone. (4) To accommodate the parties' attempt to settle the case, and with their consent, I will enter a separate case management and scheduling order that postpones by approximately one month each of the deadlines set forth in the parties' joint discovery plan. (Orenstein, James) (Entered: 11/04/2009) | |||
| 2009-11-04 | 11 | 0 | SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: November 4, 2009. Settlement Conference (ex parte statements of settlement position due via fax two business days in advance): December 22, 2009, at 2:00 p.m. First request for production of documents and first request for interrogatories due by: January 11, 2010. Deadline for joinder of additional parties and amendment of pleadings: March 5, 2010. Status Conference (with status report due two business days in advance): April 28, 2010, at 9:30 a.m. Plaintiff's Rule 26(a)(2) disclosures due by: July 16, 2010. Defendants' Rule 26(a)(2) disclosures due by: August 16, 2010. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: September 7, 2010. Pretrial Conference (ex parte statements of settlement position due via fax two business days in advance): September 22, 2010, at 9:30 a.m. Dispositive motion process started by: October 6, 2010. Joint pretrial order due by: November 3, 2010. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 11/4/2009. (Orenstein, James) (Entered: 11/04/2009) | |||
| 2009-11-12 | 12 | 0 | AMENDED COMPLAINT against Michael R. Bloomberg, City of New York, John Does 1-10, William Eisner, Craig Kearney, Michael Centrone, Dwayne Francis, Dion Edwards, Robert Maloney, Brian Correll, Luis Demarco, U/C #C0097, U/C #C0021, filed by Michael King. (Telesca, Thomas) (Entered: 11/12/2009) | |||
| 2009-11-30 | 13 | 0 | ANSWER to 12 Amended Complaint, by City of New York. (Auletta, Steven) (Entered: 11/30/2009) | |||
| 2009-12-16 | 14 | 0 | MOTION for Discovery by City of New York. (Auletta, Steven) (Entered: 12/16/2009) | |||
| 2009-12-18 | 15 | 0 | Summons Returned Unexecuted by Michael King as to William Eisner. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 16 | 0 | SUMMONS Returned Executed by Michael King. U/C #C0021 served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 17 | 0 | SUMMONS Returned Executed by Michael King. U/C #C0097 served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 18 | 0 | SUMMONS Returned Executed by Michael King. Craig Kearney served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 19 | 0 | SUMMONS Returned Executed by Michael King. Michael Centrone served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 20 | 0 | SUMMONS Returned Executed by Michael King. Dwayne Francis served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 21 | 0 | SUMMONS Returned Executed by Michael King. Dion Edwards served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 22 | 0 | SUMMONS Returned Executed by Michael King. Robert Maloney served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 23 | 0 | SUMMONS Returned Executed by Michael King. Brian Correll served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-18 | 24 | 0 | SUMMONS Returned Executed by Michael King. Luis Demarco served on 12/11/2009, answer due 1/1/2010. (Telesca, Thomas) (Entered: 12/18/2009) | |||
| 2009-12-22 | 25 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Settlement Conference held on 12/22/2009. SCHEDULING: (1) The next status conference will be held on April 28, 2010, at 9:30 a.m. (2) The final pretrial conference will be held on September 22, 2010 at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) The parties discussed settlement but did not reach agreement. (2) On consent of the parties, the individual defendants may file their answer by January 11, 2010. (Orenstein, James) (Entered: 12/22/2009) | |||
| 2010-03-19 | 26 | 0 | NOTICE of Consent to Change Attorney by Thomas Anthony Telesca letter to Honorable Roslyn R. Mauskopf with Consent Order Granting Substitution of Attorney (Attachments: # 1 Consent Order Granting Substitution of Attorney) (Telesca, Thomas) (Entered: 03/19/2010) | |||
| 2010-03-22 | 27 | 0 | ANSWER to 12 Amended Complaint, by Michael Centrone, Brian Correll, Luis Demarco, Dion Edwards, William Eisner, Dwayne Francis, Craig Kearney, Robert Maloney, U/C #C0021, U/C #C0097. (Auletta, Steven) (Entered: 03/22/2010) | |||
| 2010-04-08 | 28 | 0 | Notice of MOTION to Withdraw as Attorney by Ruskin Moscou Faltischek, P.C. by Michael King. (Telesca, Thomas) (Entered: 04/08/2010) | |||
| 2010-04-08 | 29 | 0 | AFFIDAVIT/DECLARATION in Support re 28 Notice of MOTION to Withdraw as Attorney by Ruskin Moscou Faltischek, P.C. filed by Michael King. (Telesca, Thomas) (Entered: 04/08/2010) | |||
| 2010-04-08 | 30 | 0 | CERTIFICATE OF SERVICE by Michael King re 29 Affidavit in Support of Motion, 28 Notice of MOTION to Withdraw as Attorney by Ruskin Moscou Faltischek, P.C. (Telesca, Thomas) (Entered: 04/08/2010) | |||
| 2010-04-19 | 31 | 0 | ORDER -- Plaintiff Michael King failed to appear in person at today's conference as required. As a result, I was unable to discuss the application by his counsel for leave to withdraw. I will discuss that motion, as well as the status of discovery, at the next scheduled status conference on April 28, 2010, at 9:30 a.m. in Courtroom 11D South in the United States Courthouse, 225 Cadman Plaza East, Brooklyn New York. I order the plaintiff to appear in person. If the plaintiff again fails to appear as required, I will consider recommending that the court dismiss his case for failure to prosecute. I direct the plaintiff's counsel to provide his client with a copy of this order immediately and to certify on the docket no later than April 23,2010, that he done so. Ordered by Magistrate Judge James Orenstein on 4/19/2010. (Orenstein, James) (Entered: 04/19/2010) | |||
| 2010-04-20 | 32 | 0 | Letter to Michael King enclosing Magistrate Judge Orenstein's April 19, 2010 Order advising of the April 28, 2010 conference by Michael King (Attachments: # 1 Enclosure, # 2 Certificate of Service) (Telesca, Thomas) (Entered: 04/20/2010) | |||
| 2010-04-28 | 33 | 0 | Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/28/2010. SCHEDULING: The next pretrial conference will be held on September 22, 2010, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: As discussed in detail on the record, and with the concurrence of plaintiff King, I denied without prejudice the request by the plaintiff's counsel for leave to withdraw. Mr. King of course remains free to engage substitute counsel who is prepared to comply with the existing case management and scheduling order. (Orenstein, James) (Entered: 04/28/2010) | |||
| 2010-05-24 | 34 | 0 | SETTLEMENT AGREEMENT by City of New York (Auletta, Steven) (Entered: 05/24/2010) | |||
| 2010-05-25 | 35 | 0 | STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: This action is dismissed with prejudice, and without costs, expenses, or attorneys' fees except as to the specified amount. Defendant City of New York agrees to pay plaintiff the sum of $15,000 in full satisfaction of all claims. Ordered by Judge Roslynn R. Mauskopf on 5/25/2010. (Brucella, Michelle) (Entered: 05/25/2010) |