Case details

Court: nysd
Docket #: 1:01-cv-00696
Case Name: Holiday v. Martinez, et al
PACER case #: 16757
Date filed: 2001-01-29
Date terminated: 2002-06-24
Assigned to: Judge Alvin K. Hellerstein
Case Cause: 42:1981 Civil Rights
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Ruth Holiday
Plaintiff
 
Edward N. Simon
MFY Legal Services, Inc.
299 Broadway
4th Floor
New York, NY 10009
(212) 417-3700
LEAD ATTORNEY

Lynn Mary Kelly
MFY Legal Services
299 Broadway
4th Floor
New York, NY 10007
(212)-417-3766
Fax: (212)-417-3890
Email: lkelly@mfy.org
LEAD ATTORNEY
John G. Martinez
Defendant
as Chairperson of the New York City Housing Authority
The Members of the New York City Housing Authority
Defendant
The New York City Housing Authority
Defendant
Tino Hernandez
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-01-29 1 0 Order endorsed on declaration in support of request to proceed in forma pauperis; I.F.P. request is granted. ( signed by Judge Richard Owen ) (tp) (Entered: 01/30/2001)
2001-01-29 2 0 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (tp) (Entered: 01/30/2001)
2001-02-06 3 0 Notice of assignment to Judge Alvin K. Hellerstein . Copy of notice and judge's rules mailed to Attorney(s) of record: Edward N. Simon, Lynn M. Kelly . (bm) (Entered: 02/06/2001)
2001-04-05 4 0 Memo-Endorsement on letter addressed to Judge Hellerstein from Edward N. Simon, dated 3/30/01. Reset status conference for 6/8/01 . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (kw) (Entered: 04/06/2001)
2001-05-29 5 0 AMENDED COMPLAINT by Ruth Holiday (Answer due 6/11/01 for John G. Martinez, for Members of the NYCHA, for N.Y.C.H.A.) amending [2-1] complaint against Tino Hernandez ; Summons issued. (sac) (Entered: 05/30/2001)
2001-06-11 6 0 Memo-Endorsement on letter addressed to Judge Hellerstein from Rosanne R. Pisem, dated 6/6/01; reset initial case management conference to 9:30 AM on 6/22/01 . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sn) (Entered: 06/12/2001)
2001-06-20 7 0 Memo-Endorsement on letter addressed to Judge Hellerstein from Rosanne R. Pisem, dated 6/13/01; granting counsel for defts' request for an adjournment of defts' time to answer or move with respect to the amended complaint . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sn) (Entered: 06/25/2001)
2001-08-17 8 0 NOTICE OF MOTION by John G. Martinez, Members of the NYCHA, N.Y.C.H.A., Tino Hernandez to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. w/attached decl. of Rosanne R. Pisem in support & Exhibit C and D through I. Return date 10/9/01. (return date on motion 10/08/01 not a working day) (rag) Modified on 08/21/2001 (Entered: 08/21/2001)
2001-08-17 9 0 MEMORANDUM OF LAW by John G. Martinez, Members of the NYCHA, N.Y.C.H.A., Tino Hernandez in support of [8-1] motion to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. . (rag) (Entered: 08/21/2001)
2001-10-04 10 0 Memo-Endorsement on letter addressed to Judge Hellerstein from Edward N. Simon, dated 9/26/01; plaintiffs response to motion reset to 10/19/01 for [8-1] motion to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. ; defendant's reply to response to motion reset to 11/2/01 for [8-1] motion to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (pl) (Entered: 10/05/2001)
2001-10-18 11 0 Memo-Endorsement on letter addressed to Judge Hellerstein from Edward N. Simon, dated 10/16/01; counsel for the parties writes to request an extension of time, until 10/26/01 for the pltffs opposition papers and 11/9/01 for the defts reply. Application granted. The motion will be argued on 11/27/01 at 4:00 p.m. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (jp) (Entered: 10/19/2001)
2001-10-29 12 0 MEMORANDUM OF LAW by Ruth Holiday in opposition to [8-1] motion to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. (db) (Entered: 10/30/2001)
2001-11-13 13 0 REPLY MEMORANDUM by Tino Hernandez, Members of the NYCHA re: [8-1] motion to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. (bai) (Entered: 11/14/2001)
2001-12-03 14 0 SUMMARY ORDER; for the reasons stated on the record at oral argument on 11/27/01, granting [8-1] motion to dismiss the First Amended Complaint pur. FRCP 12(b)(1), 12(b)(6) and 28 USC 1367(c), etc. I grant pltff leave to file an amended complaint by 1/31/02 to replead a cause of action for mental anguish and distress . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (sn) (Entered: 12/05/2001)
2002-01-02 15 0 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of 11/27/01, at 4:40 p.m.. (bai) (Entered: 01/02/2002)
2002-01-31 16 0 SECOND AMENDED COMPLAINT by Ruth Holiday (Answer due 2/20/02 for Tino Hernandez, for N.Y.C.H.A., for Members of the NYCHA, for John G. Martinez amending [5-1] amended complaint. (kkc) (Entered: 02/05/2002)
2002-02-20 17 0 STIPULATION and ORDER, reset answer to the Second Amended Complaint due for 3/20/02 for Tino Hernandez, for N.Y.C.H.A., for Members of the NYCHA, and for John G. Martinez . ( signed by Judge Alvin K. Hellerstein ) (kw) (Entered: 02/21/2002)
2002-03-08 18 0 Memo-Endorsement on letter addressed to Brigitte Jones, Courtroom deputy from Rosanne R. Pisem, dated 03/06/02. reset case management conference for 9:30 a.m. on 4/26/02 ; ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (djc) (Entered: 03/12/2002)
2002-03-20 19 0 NOTICE OF MOTION by Members of the NYCHA, N.Y.C.H.A., Tino Hernandez; for an Order pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing the Second Amended Complaint of plaintiff Ruth Holiday with prejudice . Return date 5/10/02. (jco) (Entered: 03/22/2002)
2002-03-20 20 0 MEMORANDUM OF LAW by John G. Martinez, N.Y.C.H.A., Tino Hernandez in support of [19-1] motion for an Order pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing the Second Amended Complaint of plaintiff Ruth Holiday with prejudice. (jco) (Entered: 03/22/2002)
2002-04-25 21 0 MEMORANDUM OF LAW by Ruth Holiday in opposition to [19-1] motion for an Order pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing the Second Amended Complaint of plaintiff Ruth Holiday with prejudice . (db) (Entered: 04/29/2002)
2002-05-08 22 0 REPLY MEMORANDUM of LAW by Tino Hernandez, John G. Martinez, N.Y.C.H.A. in Further Support of [19-1] motion for an Order pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing the Second Complaint of plaintiff Ruth Holiday with prejudice (djc) (Entered: 05/15/2002)
2002-06-20 23 0 SUMMARY ORDER, granting [19-1] motion for an Order pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) dismissing the Second Amended Complaint of plaintiff Ruth Holiday with prejudice. The Clerk of the Court shall mark this matter as closed. ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (Sent to the Judgment Clerk). (kw) (Entered: 06/21/2002)
2002-06-24 24 0 JUDGMENT, that for the reasons stated in the Court's Order dated 6/20/02, defendants' motion is granted; accordingly, the case is closed. ( signed by James M. Parkison, Clerk of Court ); Mailed copies and notice of right to appeal. Entered On Docket: 6/25/02. (tp) (Entered: 06/25/2002)
2002-06-20 25 0 Memorandum to Docket Clerk: oral argument held on 06/19/02 before Judge Hellerstein. (gf) (Entered: 07/02/2002)
2002-07-23 26 0 NOTICE OF APPEAL by Ruth Holiday from [24-1] judgment order, [14-1] order I grant pltff leave to file an amended complaint by 1/31/02 to replead a cause of action for mental anguish and distress . Copies of notice of appeal mailed to Attorney(s) of Record: N.Y.C.H.A., GENERAL COUNSEL. I.F.P. GRANTED 1/29/01. (pr) (Entered: 07/24/2002)
2002-07-24 27 0 Memo-Endorsement on letter addressed to Judge Hellerstein from Edward N. Simon, dated 7/10/02; Re: plaintiff requests approval and order permission to obtain without costs a transcript of the oral argument and your decision orally rendered on 6/19/02; that since my ruling were made orally and extemporaneously and are reflected in the transcript, I request the Court Reporters to provide such without charge . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (pl) (Entered: 07/25/2002)
2002-08-05 28 0 ORDER; that a stenographic transcript of the minutes of the oral argument on 6/19/02 be prepared at the expense of the United States . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (jco) (Entered: 08/07/2002)
2002-09-03 29 0 Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of June 19, 2002. (jw) (Entered: 09/03/2002)
2003-01-03 30 0 Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [26-1] appeal by Ruth Holiday. (02-7848) (pr) (Entered: 01/03/2003)
2003-06-27 31 0 MANDATE OF USCA (certified copy) Re: AFFIRM [26-1] appeal by Ruth Holiday. ORDERED ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. ISSUED AS MANDATE 6/23/03, 02-7848. MACKECHNIE, CLERK, USCA. (pr) (Entered: 06/27/2003)