Case details

Court: nyed
Docket #: 1:13-cv-03344
Case Name: Borrero v. The City of New York et al
PACER case #: 343593
Date filed: 2013-06-12
Date terminated: 2014-02-10
Assigned to: Judge Raymond J. Dearie
Referred to: Magistrate Judge James Orenstein
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Heriberto Borrero
Plaintiff
Darius Wadia
Darius Wadia, LLC 233 Broadway, Suite 2208 New York, NY 10279 212-233-1212 Fax: 212-571-9149 Email: dwadia@wadialaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

The City of New York
Defendant
Randall M. Elfenbein
New York City Law Department 100 Church Street New York, NY 10007 212-788-1650 Fax: 212-788-9776 Email: relfenbe@law.nyc.gov
ATTORNEY TO BE NOTICED

Pinyo Saitep
Defendant
in his individual capacity
Randall M. Elfenbein
(See above for address)
ATTORNEY TO BE NOTICED

John Does 1 through 3
Defendant
eachin his individual capacities
Joseph Warnersbach
Defendant
Ian McCabe
Defendant
Samuel Perez
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-06-12 1 0 COMPLAINT against John Does 1 through 3, Pinyo Saitep, The City of New York Disclosure Statement on Civil Cover Sheet completed -No,, filed by Heriberto Borrero. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 06/13/2013)
2013-06-12 2 0 Summons Issued as to John Does 1 through 3, Pinyo Saitep, The City of New York. (Davis, Kimberly) (Entered: 06/13/2013)
2013-06-13 3 0 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 06/13/2013)
2013-07-11 4 0 First MOTION for Extension of Time to File Answer re 1 Complaint by The City of New York. (Elfenbein, Randall) (Entered: 07/11/2013)
2013-07-15 5 0 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on September 17, 2013, at 9:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.. No later than September 13, 2013, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/15/2013. (Guy, Alicia) (Main Document 5 replaced on 7/15/2013) (Guy, Alicia). (Entered: 07/15/2013)
2013-09-05 6 0 First MOTION to Adjourn Conference Initial Conference by Heriberto Borrero. (Wadia, Darius) (Entered: 09/05/2013)
2013-09-10 7 0 ANSWER to 1 Complaint by Pinyo Saitep, The City of New York. (Elfenbein, Randall) (Entered: 09/10/2013)
2013-09-11 8 0 Proposed Scheduling Order - Joint Discovery Plan by Pinyo Saitep, The City of New York (Elfenbein, Randall) (Entered: 09/11/2013)
2013-09-16 9 0 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 9/16/2013. SCHEDULING: (1) The next settlement conference will be held on October 23, 2013, at 2:00 p.m. (2) A status conference will be held on January 9, 2014, at 9:30 a.m. (3) A pretrial conference will be held on March 31, 2014, at 9:30 a.m. SUMMARY: (1) I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (2) No later than October 21, 2013, each party must submit an ex parte statement of settlement position by email (NOT by ECF) to orenstein_chambers.nyed.uscourts.gov. Each statement must include the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position (in addition, the plaintiff's submission should include instructions about how to access the video recording of the event at issue). These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at the next conference; clients or other persons with full settlement authority must be present or immediately available by telephone. (Orenstein, James) (Entered: 09/16/2013)
2013-09-16 10 0 SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: September 16, 2013. Settlement Conference (ex parte statements of settlement position due via email two business days in advance): October 23, 2013, at 2:00 p.m. First request for production of documents and first request for interrogatories due by: October 30, 2013. Deadline for joinder of additional parties and amendment of pleadings: December 2, 2013. Status Conference (with joint status report due two business days in advance): January 9, 2014, at 9:30 a.m. All discovery to be completed by: March 17, 2014. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): March 31, 2014, at 9:30 a.m. Dispositive motion process started by: April 14, 2014. Joint pretrial order due by: May 19, 2014. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/16/2013. (Orenstein, James) (Entered: 09/16/2013)
2013-10-17 11 0 AMENDED COMPLAINT FIRST against Pinyo Saitep, The City of New York, Joseph Warnersbach, Ian McCabe, Samuel Perez, filed by Heriberto Borrero. (Wadia, Darius) (Entered: 10/17/2013) 2016-03-25 11:00:39 24b333c472c57efd40e6eb2eb63ec41e2025c541
2013-10-18 12 0 First MOTION to Adjourn Conference /Settlement Conference by Pinyo Saitep, The City of New York. (Elfenbein, Randall) (Entered: 10/18/2013)
2013-11-06 13 0 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Settlement Conference held on 11/6/2013. SCHEDULING: (1) The next status conference will be held on January 9, 2014, at 9:30 a.m. (2) A pretrial conference will be held on March 31, 2014, at 9:30 a.m. SUMMARY: The parties discussed settlement but did not reach an agreement. The parties will continue to confer, and will contact chambers to arrange a further settlement conference if they agree it would be useful. (Orenstein, James) (Entered: 11/06/2013)
2013-11-18 14 0 REQUEST FOR WAIVER of Service sent to Joseph Warnersbach, on 11/13/2013 by Heriberto Borrero. Waiver of Service due by 12/16/2013. (Wadia, Darius) (Entered: 11/18/2013)
2013-11-18 15 0 REQUEST FOR WAIVER of Service sent to Samuel Perez on 11/13/2013 by Heriberto Borrero. Waiver of Service due by 12/16/2013. (Wadia, Darius) (Entered: 11/18/2013)
2013-11-18 16 0 REQUEST FOR WAIVER of Service sent to Ian McCabe on 11/13/2013 by Heriberto Borrero. Waiver of Service due by 12/16/2013. (Wadia, Darius) (Entered: 11/18/2013)
2013-12-30 17 0 MOTION to Adjourn Conference and Notify Court of Settlement by Pinyo Saitep, The City of New York. (Elfenbein, Randall) (Entered: 12/30/2013)
2014-01-30 18 0 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 1/30/2014. SCHEDULING: The next telephone conference will be held on March 3, 2014, at 12:30 p.m. SUMMARY: The parties remain in agreement to settle the case and anticipate filing a stipulation of dismissal soon. If they do so by February 27, 2014, I will cancel the conference scheduled above; otherwise I respectfully direct the plaintiff's counsel to initiate the telephone conference call. (Orenstein, James) (Entered: 01/30/2014)
2014-02-07 19 0 STIPULATION of Dismissal by Ian McCabe, Samuel Perez, Pinyo Saitep, The City of New York, Joseph Warnersbach (Elfenbein, Randall) (Entered: 02/07/2014) 2016-03-25 11:21:46 8f09d7e9541982341e3b8bdd50092c794f182203