Case details

Court: nysd
Docket #: 1:06-cv-07077
Case Name: Rivera et al v. Mattingly et al
PACER case #: 289736
Date filed: 2006-09-14
Assigned to: Judge Loretta A. Preska
Referred to: Magistrate Judge Henry B. Pitman
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Mable Rivera
Plaintiff
individually, and as next friends of E.S. and, B.C., and J.C., by her next friend Andrea Zellan
Darius Charney
Lansner & Kubitschek 325 Broadway, Suite 201 New York, NY 10007 (212)-349-0900 Fax: (212)-349-0694 Email: DCharney@ccrjustice.org
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolyn A. Kubitschek
Lansner & Kubitschek 325 Broadway, Suite 201 New York, NY 10007 212-349-0900 Fax: 212-349-0694 Email: ckubitschek@lanskub.com
ATTORNEY TO BE NOTICED

Charlyne M. Brumskine Peay
Lansner & Kubitschek 325 Broadway, Suite 201 New York, NY 10007 (212)-349-0900 Fax: (212)-349-0694 Email: cpeay@lanskub.com
ATTORNEY TO BE NOTICED

David Jeffrey Lansner
Lansner & Kubitschek 325 Broadway, Suite 201 New York, NY 10007 (212)-349-0900 Fax: (212)-349-0694 Email: dlansner@lanskub.com
ATTORNEY TO BE NOTICED

Anthony Rivera
Plaintiff
individually, and as next friends of E.S. and, B.C., and J.C., by her next friend Andrea Zellan
Darius Charney
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolyn A. Kubitschek
(See above for address)
ATTORNEY TO BE NOTICED

Charlyne M. Brumskine Peay
(See above for address)
ATTORNEY TO BE NOTICED

J.C.
Plaintiff
Carolyn A. Kubitschek
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Jeffrey Lansner
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Theresa Beth Moser
The Legal Aid Society (Juvenile Rights Division ) 199 Water Street New York, NY 10038 (212)-577-3284 Fax: (212)-577-3520 Email: tbmoser@legal-aid.org
TERMINATED: 09/09/2014 LEAD ATTORNEY

Afiya Monifa Jordan
Hughes Hubbard & Reed LLP 350 South Grand Avenue, 36th Floor Los Angeles, CA 90071 (212)-837-6000 Fax: (212)-299-6675 Email: jordan@hugheshubbard.com
TERMINATED: 09/09/2014

Carla Ann Kerr
Hughes Hubbard & Reed LLP 350 South Grand Avenue, 36th Floor Los Angeles, CA 90071 (212)-837-6827 Fax: (212)-422-4726 Email: kerr@hugheshubbard.com
TERMINATED: 09/09/2014

Darius Charney
(See above for address)
ATTORNEY TO BE NOTICED

Reuben Lael Borman
Hughes Hubbard & Reed LLP (NY) One Battery Park Plaza New York, NY 10004 (212)-837-6044 Fax: (212)-422-4726 Email: borman@hugheshubbard.com
TERMINATED: 09/09/2014

Sarah Loomis Cave
Hughes Hubbard & Reed LLP (NY) One Battery Park Plaza New York, NY 10004 212-837-6559 Fax: 212-422-4726 Email: cave@hugheshubbard.com
TERMINATED: 09/09/2014

John Mattingly
Defendant
individually and as a Commissioner TERMINATED: 03/30/2015
Charles Edward Carey
New York City Law Department 100 Church Street New York, NY 10007 (212)-442-3329 Fax: (212)-788-3770 Email: ccarey@law.nyc.gov
LEAD ATTORNEY

Chlarens Orsland
NYC Law Department, Office of the Corporation Counsel (NYC) 100 Church Street New York, NY 10007 212-788-0904 Fax: 212-788-0877 Email: corsland@law.nyc.gov
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
NYC Law Department, Office of the Corporation Counsel 100 Church Street New York, NY 10007 (212) 788-1165 Fax: (212) 788-0877 Email: thackworth@districting.nyc.gov
LEAD ATTORNEY

Mina Shah
Defendant
individually and as review officer TERMINATED: 03/30/2015
Michael Warren
Defendant
individually and as a caseworker TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Ruth Thomas
Defendant
individually and as a caseworker TERMINATED: 01/23/2008
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Carolyn Williams
Defendant
individually and as Supervisor TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Diana Cortez
Defendant
individually and as a Manager TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Jesse Ira Levine
New York City Law Department 100 Church Street, Room 4-114 New York, NY 10007 (212)-442-3329 Fax: (212)-788-0300 Email: jlevine@law.nyc.gov
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Kenneth Hayes
Hardin, Kundla, McKeon, Poletto & Polifroni, P.A.(NJ) 673 Morris Avenue Springfield, NJ 07081 (973)912-5222 Fax: (973)912-9212 Email: khayes@hkmpp.com

City of New York
Defendant
TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Jesse Ira Levine
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Anny Garcia
Defendant
individually and as caseworker
Kenneth Hayes
(See above for address)
TERMINATED: 09/11/2008

Mark Stuart Kundla
Hardin, Kundla, McKeon, Poletto, PA 110 William Street 25th Floor New York, NY 10038 (212)-571-0111 Fax: (212)-571-1117 Email: mkundla@hkmpp.com

Fabian Njoku
Defendant
individually and as caseworker
Kenneth Hayes
(See above for address)
TERMINATED: 09/11/2008

Mark Stuart Kundla
(See above for address)

Andrea Cummings
Defendant
individually and as Supervisor
Kenneth Hayes
(See above for address)
ATTORNEY TO BE NOTICED

Mark Stuart Kundla
(See above for address)

Family Support System Unlimited, Inc.
Defendant
Kenneth Hayes
(See above for address)
ATTORNEY TO BE NOTICED

Mark Stuart Kundla
(See above for address)

John Johnson
Defendant
individually and as Commissioner TERMINATED: 03/30/2015
Robert Lewis Kraft
Office of the Attorney General, New York State 120 Broadway 24th Floor New York, NY 10271 212-416-8632 Fax: 212-416-6075 Email: robert.kraft@ag.ny.gov
LEAD ATTORNEY

Roderick Leopold Arz
New York State Office of the Attorney General (NYC) 120 Broadway 12th Floor New York, NY 10271 (212) 416-8633 Email: Roderick.Arz@ag.ny.gov

John Mattingly
Defendant
Commissioner TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Mina Shah
Defendant
review officer TERMINATED: 03/30/2015
Michael Warren
Defendant
caseworker TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Ruth Thomas
Defendant
caseworker TERMINATED: 01/23/2008
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Carolyn Williams
Defendant
Supervisor TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Diana Cortez
Defendant
Manager TERMINATED: 03/30/2015
Charles Edward Carey
(See above for address)
LEAD ATTORNEY

Chlarens Orsland
(See above for address)
LEAD ATTORNEY

Thaddeus Jeremiah Hackworth
(See above for address)
LEAD ATTORNEY

Anny Garcia
Defendant
caseworker
Kenneth Hayes
(See above for address)
TERMINATED: 09/11/2008

Mark Stuart Kundla
(See above for address)

Fabian Njoku
Defendant
caseworker
Kenneth Hayes
(See above for address)
TERMINATED: 09/11/2008

Andrea Cummings
Defendant
Supervisor
Kenneth Hayes
(See above for address)
ATTORNEY TO BE NOTICED

Mark Stuart Kundla
(See above for address)

John Johnson
Defendant
Commissioner TERMINATED: 03/30/2015
Robert Lewis Kraft
(See above for address)

Roderick Leopold Arz
(See above for address)

Rehema Bukenya
Defendant
Individually and as Associate Vice President
Kenneth Hayes
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-09-12 139 0 OPINION: The motion of defendants FSSU, Cummings, and Bukenya (the agency defendants) for summary judgment dismissing the federal law claims is granted. The federal law claims having been dismissed, the court declines to retain jurisdiction of the st ate law claims against these defendants, and they are dismissed. Plaintiffs' motion for partial summary judgment against the above defendants is denied. This opinion resolves document numbers 103 and 114 on the docket. (Signed by Judge Thomas P. Griesa on 9/12/2011) (js) 2011-10-15 06:48:01 ffd545a56bd6855fbef54c3e763701c96929c250
2014-01-06 172 0 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/06/2014) (ama) (Entered: 01/06/2014)
2014-05-29 173 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference Request By Defendant Johnson to Either Remove case against him from Trial Calendar or in the alternative Approve Schedule for summary judgment motion and adjourn trial against him until after disposition of said motion addressed to Judge Thomas P. Griesa from Robert L. Kraft dated May 29, 2014. Document filed by John Johnson, John Johnson.(Kraft, Robert) Modified on 5/29/2014 (db). (Entered: 05/29/2014)
2014-05-30 174 0 LETTER addressed to Judge Thomas P. Griesa from Robert L. Kraft dated May 29, 2014 re: Request for removal of case against Defendant Johnson from trial calendar or in the alternative, for approval of briefing schedule for Defendant Johnson's summary judgment motion. Document filed by John Johnson, John Johnson.(Kraft, Robert) (Entered: 05/30/2014)
2014-05-30 175 0 LETTER addressed to Judge Thomas P. Griesa from Carolyn A. Kubitschek dated May 30, 2014 re: Opposition to Defendant Johnson's request of May 29, 2014. Document filed by Mable Rivera.(Kubitschek, Carolyn) (Entered: 05/30/2014)
2014-05-30 176 0 LETTER addressed to Judge Thomas P. Griesa from Charles Carey dated 5/30/2014 re: Support For 174 State Defendants' Request and Opposition to 175 Certain Plaintiffs' Request. Document filed by City of New York, John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Ruth Thomas(caseworker), Ruth Thomas(individually and as a caseworker), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor).(Carey, Charles) (Entered: 05/30/2014)
2014-06-02 177 0 NOTICE OF APPEARANCE by Roderick Leopold Arz on behalf of John Johnson, John Johnson. (Arz, Roderick) (Entered: 06/02/2014)
2014-06-05 178 0 LETTER addressed to Judge Thomas P. Griesa from Theresa B. Moser dated June 5, 2014 re: request for counsel to be relieved and next friend to be discharged. Document filed by J.C..(Moser, Theresa) (Entered: 06/05/2014)
2014-06-09 179 0 LETTER addressed to Judge Thomas P. Griesa from Carolyn A. Kubitschek dated June 9, 2014 re: letter from Theresa Moser, dated June 5, 2014. Document filed by Mable Rivera.(Kubitschek, Carolyn) (Entered: 06/09/2014)
2014-06-11 180 0 MOTION for Summary Judgment by City Defendants. Document filed by City of New York, Diana Cortez(individually and as a Manager), Diana Cortez(Manager), John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor).(Carey, Charles) (Entered: 06/11/2014)
2014-06-11 181 0 DECLARATION of Charles Carey in Support re: 180 MOTION for Summary Judgment by City Defendants.. Document filed by City of New York, Diana Cortez(individually and as a Manager), Diana Cortez(Manager), John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Carey, Charles) (Entered: 06/11/2014)
2014-06-11 182 0 RULE 56.1 STATEMENT. Document filed by City of New York, Diana Cortez(individually and as a Manager), Diana Cortez(Manager), John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor). (Carey, Charles) (Entered: 06/11/2014)
2014-06-11 183 0 MEMORANDUM OF LAW in Support re: 180 MOTION for Summary Judgment by City Defendants. . Document filed by City of New York, Diana Cortez(individually and as a Manager), Diana Cortez(Manager), John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor). (Carey, Charles) (Entered: 06/11/2014)
2014-06-12 184 0 LETTER addressed to Judge Thomas P. Griesa from Theresa B. Moser dated June 12, 2014 re: Request to hold City Defendants' summary judgment motion in abeyance until the Court rules on request to be relieved from representing J.C.. Document filed by J.C..(Moser, Theresa) (Entered: 06/12/2014)
2014-06-24 185 0 LETTER addressed to Judge Thomas P. Griesa from Charles Carey dated 6/24/2014 re: 178 LETTER and 184 LETTER from Counsel for Infant Plaintiff. Document filed by City of New York, Diana Cortez(individually and as a Manager), Diana Cortez(Manager), John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor).(Carey, Charles) (Entered: 06/24/2014)
2014-06-25 186 0 DECLARATION of Carolyn A. Kubitschek in Opposition re: 180 MOTION for Summary Judgment by City Defendants.. Document filed by Mable Rivera. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-4, # 3 Exhibit 5-11, # 4 Exhibit 12-20, # 5 Exhibit 21-29, # 6 Exhibit 30-39, # 7 Exhibit 40, Part 1, # 8 Exhibit 40, Part 2, # 9 Exhibit 41-49, # 10 Exhibit 50-54, # 11 Exhibit 55-59, # 12 Exhibit 60-69)(Kubitschek, Carolyn) (Entered: 06/25/2014)
2014-06-25 187 0 DECLARATION of Mable Rivera in Opposition re: 180 MOTION for Summary Judgment by City Defendants.. Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 06/25/2014)
2014-06-25 188 0 MEMORANDUM OF LAW in Opposition re: 180 MOTION for Summary Judgment by City Defendants. . Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 06/25/2014)
2014-06-25 189 0 COUNTER STATEMENT TO 182 Rule 56.1 Statement,. Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 06/25/2014)
2014-06-25 190 0 COUNTER STATEMENT TO 182 Rule 56.1 Statement,. Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 06/25/2014)
2014-06-30 191 0 MEMO ENDORSEMENT on re: 184 Letter, filed by J.C. ENDORSEMENT: All briefing is stayed pending resolution of J.C.'s current counsel's request to be relieved from representing Plaintiff J.C. and for Andrea Zellan to be discharged from her duties as Next Friend for J.C. So ordered. (Signed by Judge Thomas P. Griesa on 6/30/2014) (rjm) (Entered: 06/30/2014)
2014-09-09 192 0 ORDER: Upon the application of the Next Friend of infant plaintiff J.C., and of counsel for infant plaintiff J.C., it is hereby ORDERED that Andrea Zellan is discharged from her duties as Next Friend of infant plaintiff J.C., and it is further ORDERED that the Legal Aid Society and the law firm of Hughes Hubbard & Reed LLP are permitted to withdraw as counsel for infant plaintiff J.C.; and it is further ORDERED that plaintiffs Mable Rivera and Anthony Rivera, the adoptive parents of infant plaintiff J.C., are appointed as Next Friends of infant plaintiff J.C., pursuant to Fed. R. Civ. P. 17(c); and it is further ORDERED that the law firm of Lansner & Kubitschek be substituted as counsel for infant plaintiff J.C., by her Next Friends. Attorney Carolyn A. Kubitschek,David Jeffrey Lansner for J.C. added. Attorney Theresa Beth Moser; Afiya Monifa Jordan and Carla Ann Kerr terminated. (Signed by Judge Thomas P. Griesa on 9/9/2014) (ajs) (Entered: 09/09/2014)
2014-09-15 193 0 NOTICE OF APPEARANCE by Carolyn A. Kubitschek on behalf of J.C.. (Kubitschek, Carolyn) (Entered: 09/15/2014)
2014-09-17 194 0 DECLARATION of Carolyn A. Kubitschek in Opposition re: 180 MOTION for Summary Judgment by City Defendants.. Document filed by J.C.. (Kubitschek, Carolyn) (Entered: 09/17/2014)
2014-09-25 195 0 LETTER MOTION for Extension of Time addressed to Judge Thomas P. Griesa from Robert L. Kraft dated September 25, 2014. Document filed by John Johnson, John Johnson. (Attachments: # 1 Exhibit)(Kraft, Robert) (Entered: 09/25/2014)
2014-09-26 196 0 MOTION for Summary Judgment . Document filed by John Johnson, John Johnson.(Kraft, Robert) (Entered: 09/26/2014)
2014-09-26 197 0 DECLARATION of Robert L. Kraft in Support re: 196 MOTION for Summary Judgment .. Document filed by John Johnson, John Johnson. (Attachments: # 1 Exhibit 1-11)(Kraft, Robert) (Entered: 09/26/2014)
2014-09-26 198 0 RULE 56.1 STATEMENT. Document filed by John Johnson, John Johnson. (Kraft, Robert) (Entered: 09/26/2014)
2014-09-26 199 0 MEMORANDUM OF LAW in Support re: 196 MOTION for Summary Judgment . . Document filed by John Johnson, John Johnson. (Kraft, Robert) (Entered: 09/26/2014)
2014-10-02 200 0 MEMO ENDORSED ORDER granting 195 Letter Motion for Extension of Time. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 10/2/2014) (ajs) (Entered: 10/02/2014)
2014-10-15 201 0 REPLY MEMORANDUM OF LAW in Support re: 180 MOTION for Summary Judgment by City Defendants. . Document filed by City of New York, Diana Cortez(individually and as a Manager), Diana Cortez(Manager), John Mattingly(Commissioner), John Mattingly(individually and as a Commissioner), Mina Shah(review officer), Mina Shah(individually and as review officer), Ruth Thomas(caseworker), Ruth Thomas(individually and as a caseworker), Michael Warren(caseworker), Michael Warren(individually and as a caseworker), Carolyn Williams(individually and as Supervisor), Carolyn Williams(Supervisor). (Orsland, Chlarens) (Entered: 10/15/2014)
2014-10-17 202 0 DECLARATION of Carolyn A. Kubitschek in Opposition re: 196 MOTION for Summary Judgment .. Document filed by Mable Rivera. (Attachments: # 1 Exhibit 70-75, # 2 Exhibit 76-79)(Kubitschek, Carolyn) (Entered: 10/17/2014)
2014-10-17 203 0 MEMORANDUM OF LAW in Opposition re: 196 MOTION for Summary Judgment . . Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 10/17/2014)
2014-10-17 204 0 RULE 56.1 STATEMENT. Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 10/17/2014)
2014-10-17 205 0 RULE 56.1 STATEMENT. Document filed by Mable Rivera. (Kubitschek, Carolyn) (Entered: 10/17/2014)
2014-10-24 206 0 REPLY MEMORANDUM OF LAW in Support re: 196 MOTION for Summary Judgment . . Document filed by John Johnson, John Johnson. (Kraft, Robert) (Entered: 10/24/2014)
2015-02-11 207 0 ORDER. The above-captioned case shall be reassigned to the undersigned. (Signed by Judge Loretta A. Preska on 2/11/2015) (rjm) (Entered: 02/11/2015)
2015-03-30 208 0 ORDER granting 180 Motion for Summary Judgment; granting 196 Motion for Summary Judgment. For all of the above reasons, Defendants' motions [dkt. nos. 180, 196] are GRANTED, and all federal claims against the City of New York, John Mattingly, Mina Shah, Michael Warren, Carolyn Williams, Diana Cortez, and John Johnson, individually and in their official capacities, are hereby DISMISSED. Plaintiffs' state law claims against the aforementioned Defendants are hereby DISMISSED WITHOUT PREJUDICE. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/30/2015) (ajs) (Entered: 03/31/2015) 2016-05-25 14:00:09 0a473d1270bfba9ee63563b2ae5396ff55ced11d
2015-08-13 209 0 LETTER addressed to Judge Loretta A. Preska from Carolyn A. Kubitschek dated August 13, 2015 re: pre-motion conference. Document filed by J.C., Anthony Rivera, Mable Rivera.(Kubitschek, Carolyn) (Entered: 08/13/2015)
2015-08-19 210 0 MEMO ENDORSEMENT on re: 209 LETTER addressed to Judge Loretta A. Preska from Carolyn A. Kubitschek dated August 13, 2015 re: pre-motion conference. Document filed by J.C., Anthony Rivera, Mable Rivera. ENDORSEMENT: Counsel may proceed with the motions for default judgment. So ordered. (Signed by Judge Loretta A. Preska on 8/18/2015) (rjm) (Entered: 08/19/2015)
2015-10-26 211 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. Anny Garcia(caseworker) served on 3/19/2008, answer due 4/9/2008; Fabian Njoku(individually and as caseworker) served on 3/19/2008, answer due 4/9/2008. Service was made by mail. Document filed by Mable Rivera; Anthony Rivera. (Kubitschek, Carolyn) (Entered: 10/26/2015)
2015-10-27 212 0 CLERK'S CERTIFICATE OF DEFAULT as to Anny Garcia and Fabian Njoku. (km) (Entered: 10/27/2015)
2015-11-19 213 0 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT. It is ORDERED that Fabian Njoku and Anny Garcia show cause before a motion term of this Court, on December 8, 2015, at 2:30pm, or as soon thereafter as counsel may be heard, at 500 Pearl Street, New York, New York, Room 12A, why an order should not be issued: 1. Entering a judgment by default pursuant to Fed.R.Civ.P. 55(b )(2) and Local Civil Rule 55.2(b) against defendants Fabian Njoku and Anny Garcia, holding defendants Njoku and Garcia liable on all of plaintiffs' causes of action against them; and 2. Referring the matter to a magistrate judge for an inquest to determine the amount of damages that defendants Njoku and Garcia must pay to plaintiffs; and 3. Granting such other and further relief as this Court may deem just and proper, and as further set forth in this Order to Show Cause for Default Judgment. (Show Cause Hearing set for 12/8/2015 at 02:30 PM in Courtroom 12A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska). (Signed by Judge Loretta A. Preska on 11/19/2015) (rjm) (Entered: 11/19/2015)
2015-12-07 214 0 AFFIDAVIT OF SERVICE of Order to Show Cause served on Anny Garcia and Fabian Njoku on November 20, 2015. Service was made by mail. Document filed by Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 12/07/2015)
2015-12-11 215 0 ORDER OF JUDGMENT: that judgment by default is entered in favor of plaintiffs and against defendants Fabian Njoku and Anny Garcia. The matter is set for an inquest on damages before Hon. Henry B. Pitman, U.S.M.J., on a date to be selected by the Court. (Signed by Judge Loretta A. Preska on 12/8/2015) (tn) (Entered: 12/11/2015)
2016-02-16 216 0 SCHEDULING ORDER: Plaintiffs shall submit proposed findings of fact and conclusions of law concerning damages no later than April 15, 2016. All factual assertions made by plaintiff are to be supported by either affidavit or other material of evidentiary weight. Defendants Fabian Njoku and Anny Garcia shall submit their response to Plaintiffs' submissions, if any, no later than May 16, 2016. IF DEFENDANTS NJOKU AND GARCIA (1) FAIL TO RESPOND TO PLAINTIFFS' SUBMISSIONS, OR (2) FAIL TO CONTACT MY CHAMBERS BY MAY 16, 2016 AND REQUEST AN IN-COURT HEARING, IT IS MY INTENTION TO ISSUE A REPORT AND RECOMMENDATION CONCERNING DAMAGES ON THE BASIS OF PLAINTIFFS' WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997); Fustok v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989) ("[I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in a default judgment.") (Responses due by 5/16/2016) (Signed by Magistrate Judge Henry B. Pitman on 2/16/2016) Copies Mailed By Chambers. (kko) (Entered: 02/16/2016)
2016-04-15 217 0 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by J.C., Anthony Rivera, Mable Rivera. (Attachments: # 1 Exhibit #1: Family Support Systems Unlimited Documents, # 2 Exhibit #2: Office of Children and Family Services Documents, # 3 Exhibit #3: City Documents, # 4 Exhibit #4: Excerpts from Deposition of Michael Warren, # 5 Exhibit #5: Excerpts from Deposition of Rehema Bukenya, # 6 Exhibit #6: Excerpts from Deposition of Andrea Cummings, # 7 Exhibit #7: Excerpts from Deposition of Mable Rivera, # 8 Exhibit #8: Rivera Family Tree)(Kubitschek, Carolyn) (Entered: 04/15/2016)
2016-04-15 218 0 DECLARATION of Mable Rivera in Support re: 217 Proposed Findings of Fact,,. Document filed by J.C., Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 04/15/2016) 2016-05-25 13:53:52 f129c17c3f3f39047df8bde6471af6946278ae37
2016-04-15 219 0 DECLARATION of Anthony Rivera in Support re: 217 Proposed Findings of Fact,,. Document filed by J.C., Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 04/15/2016)
2016-04-15 220 0 DECLARATION of Jada Rivera in Support re: 217 Proposed Findings of Fact,,. Document filed by J.C., Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 04/15/2016)
2016-04-15 221 0 DECLARATION of Erica Simmons in Support re: 217 Proposed Findings of Fact,,. Document filed by J.C., Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 04/15/2016)
2016-04-15 222 0 DECLARATION of B.C. in Support re: 217 Proposed Findings of Fact,,. Document filed by J.C., Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 04/15/2016)
2016-04-19 223 0 AFFIDAVIT OF SERVICE of Plaintiffs' Proposed Findings of Fact and Conclusions of Law and Declarations in Support served on Fabian Njoku and Anny E. Garcia on 04/18/2016. Service was made by Mail. Document filed by J.C., Anthony Rivera, Mable Rivera. (Kubitschek, Carolyn) (Entered: 04/19/2016)