Case details

Court: nysd
Docket #: 1:10-cv-06779
Case Name: Johnson v. City of New York et al
PACER case #: 368649
Date filed: 2010-09-13
Date terminated: 2012-10-24
Assigned to: Judge Paul A. Engelmayer
Referred to: Magistrate Judge Ronald L. Ellis
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 550 Prisoner: Civil Rights
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Kevin Johnson
Plaintiff
10-A-2352 Attica CF Box 149 Attica, NY 14011		 
Nicholas Henry Mindicino
Stoll Glickman & Bellina LLP
475 Atlantic Avenue
Brooklyn, NY 11217
(718) 852-3710
Fax: (718)-852-3586
Email: nmindicino@stollglickman.com
ATTORNEY TO BE NOTICED
City of New York
Defendant
TERMINATED: 09/07/2012		 
Brian Christopher Francolla
New York City Law Department
100 Church Street
New York, NY 10007
(212)-788-0988
Fax: (212)-788-9776
Email: bfrancol@law.nyc.gov

Noreen M. Stackhouse
New York City Law Department
100 Church Street
New York, NY 10007
(212)-356-2375
Fax: (212)-788-9776
Email: nstackho@law.nyc.gov
New York City Police Department PSA5
Defendant
TERMINATED: 09/07/2012		 
Brian Christopher Francolla
(See above for address)

Noreen M. Stackhouse
(See above for address)
Denise Villanueva-Gilbert
Defendant
#3081, Individual capacity TERMINATED: 09/07/2012		 
Brian Christopher Francolla
(See above for address)

Noreen M. Stackhouse
(See above for address)
Prince Williams
Defendant
#4031, Individual capacity		 
Noreen M. Stackhouse
(See above for address)
Jose Sanchez
Defendant
#3961, Individual capacity TERMINATED: 09/07/2012		 
Brian Christopher Francolla
(See above for address)

Noreen M. Stackhouse
(See above for address)
Sergeant Lauren Dong
Defendant
#2362, Individual capacity TERMINATED: 09/07/2012		 
Brian Christopher Francolla
(See above for address)

Noreen M. Stackhouse
(See above for address)

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-09-13 1 0 ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Loretta A. Preska on 9/10/10) (mro) (Entered: 09/27/2010)
2010-09-13 2 0 COMPLAINT against City of New York, Lauren Dong, New York City Police Department PSA5, Jose Sanchez, Denise Villanueva-Gilbert, Prince Williams. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Kevin Johnson.(mro) (Entered: 09/27/2010)
2010-11-16 3 0 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Richard J. Holwell on 11/8/10) (laq) (Entered: 11/16/2010)
2010-12-08 5 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Brian Francolla dated 12/7/10 re: Request for a 60 day extension of time until 2/4/11 for defendants City of New York and New York City Police Department to answer or otherwise respond to the complaint. ENDORSEMENT: SO ORDERED. City of New York answer due 2/4/2011; New York City Police Department PSA5 answer due 2/4/2011. (Signed by Magistrate Judge Ronald L. Ellis on 12/8/10) (db) (Entered: 12/08/2010)
2010-12-07 6 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. City of New York served on 11/23/2010, answer due 2/4/2011. Service was accepted by Mr. Aronov. Document filed by Kevin Johnson. (mro) (Entered: 12/09/2010)
2010-12-10 7 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Jose Sanchez served on 11/29/2010, answer due 12/20/2010. Service was accepted by Ms. Cordero. Document filed by Kevin Johnson. (mro) (Entered: 12/13/2010)
2010-12-10 8 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. New York City Police Department PSA5 served on 11/23/2010, answer due 2/4/2011. Service was accepted by Mr. Aronov. Document filed by Kevin Johnson. (mro) (Entered: 12/13/2010)
2010-12-10 9 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. Prince Williams served on 11/29/2010, answer due 12/20/2010. Service was accepted by Ms. Cordero. Document filed by Kevin Johnson. (mro) (Entered: 12/13/2010)
2010-12-10 10 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Lauren Dong served on 11/29/2010, answer due 12/20/2010. Service was accepted by Ms. Cordero- Principal. Document filed by Kevin Johnson. (mbe) (Entered: 12/13/2010)
2010-12-10 11 0 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Denise Villanueva-Gilbert. Service was attempted on 11/30/2010. Document filed by Kevin Johnson. (mbe) (Entered: 12/13/2010)
2011-02-07 12 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Brian Francolla, dated 2/4/2011, re: Counsel for defendants City of New York, New York City Police Department PSA5, Officer Villanueva-Gilbert, Officer Sanchez and Sergeant Dong writes to respectfully requests an enlargement of thirty days, until March 7, 2011, to investigate service of the complaint, resolve representation issues pursuant to General Municipal Law Section 50-k, and if appropriate, to serve and file an answer or otherwise respond to the complaint on behalf of Prince Williams. ENDORSEMENT: No further extensions after this. SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 2/7/2011) (lnl) (Entered: 02/07/2011)
2011-02-04 13 0 ANSWER to Complaint with JURY DEMAND. Document filed by City of New York, Lauren Dong, New York City Police Department PSA5, Jose Sanchez, Denise Villanueva-Gilbert.(mro) (Entered: 02/08/2011)
2011-02-25 14 0 NOTICE OF APPEARANCE by Noreen M. Stackhouse on behalf of City of New York, Lauren Dong, New York City Police Department PSA5, Jose Sanchez, Denise Villanueva-Gilbert (mro) (Entered: 02/28/2011)
2011-03-07 15 0 ANSWER to Complaint with JURY DEMAND. Document filed by Prince Williams.(mro) (Entered: 03/09/2011)
2011-04-07 16 0 ORDER: It is hereby ordered (1) that the Superintendent or other official in charge of Upstate Correctional Facility shall provide inmate Kevin Johnson, DIN 10-A-2352, a private room, with telephone service, so that he may participate in a telephone conference before the Court, on April 20, 2011 at 11 :30 A.M.; and (2) that inmate Kevin Johnson shall appear in a private room, designated by the Superintendent or other official in charge of the Upstate Correctional Facility, to participate in said telephone call. (Signed by Magistrate Judge Ronald L. Ellis on 4/7/2011) (jpo) (Entered: 04/07/2011)
2011-04-20 17 0 ORDER All Discovery due by 8/31/2011. (Signed by Magistrate Judge Ronald L. Ellis on 4/20/11) Copy Sent By Chambers. (cd) (Entered: 04/20/2011)
2011-08-09 18 0 ORDER: The Superintendent or other official In charge of Attica Correctional Facility shall provide inmate Kevin Johnson, DIN 10-A-2352, a private room, with telephone service, so that he may participate in a telephone conference before the Court, on August 12, 2011 at 12:00 PM. Inmate Kevin Johnson shall appear in a private room, designated by the Superintendent or other official in charge of the Attica Correctional Facility, to participate in said telephone call. (Telephone Conference set for 8/12/2011 at 12:00 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 8/9/2011) (ab) (Entered: 08/09/2011)
2011-08-09 19 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Noreen Stackhouse dated 8/8/2011 re: Counsel for the Defendants writes to request that the Court schedule a settlement conference for 8/12/2011 at 12:00 PM. ENDORSEMENT: SO ORDERED. (Settlement Conference set for 8/12/2011 at 12:00 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 8/9/2011) (ab) (Entered: 08/09/2011)
2011-08-12 20 0 ORDER: That the deadline for the completion of discovery is extended from August 31, 2011, to October 28,2011. ( Discovery due by 10/28/2011.) (Signed by Magistrate Judge Ronald L. Ellis on 8/12/2011) Copies Sent By Chambers. (laq) (Entered: 08/12/2011)
2011-10-20 21 0 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Richard J. Holwell is no longer assigned to the case. (sjo) (Entered: 10/20/2011)
2011-10-28 22 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Noreen Stackhouse dated 10/26/11 re: Counsel for the defendants writes to request that the deadline for discovery be extended from 10/28/11 to 12/6/11. ENDORSEMENT: So ordered. ( Discovery due by 12/6/2011.) (Signed by Magistrate Judge Ronald L. Ellis on 10/28/2011) (mro) (Entered: 10/28/2011)
2011-10-28 23 0 ORDER: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of Attica Correctional Facility shall provide inmate Kevin Johnson, DIN 10-A-2352, a private room, with telephone service, so that he may participate in a telephone conference before the Court, on November 15, 2011 at 11:00 A.M.; and (2) that inmate Kevin Johnson shall appear in a private room, designated by the Superintendent or other official in charge of the Attica Correctional Facility, to participate in said telephone call.( Telephone Conference set for 11/15/2011 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Magistrate Judge Ronald L. Ellis on 10/28/2011) (mro) (Entered: 10/28/2011)
2011-11-10 24 0 NOTICE OF CHANGE OF ADDRESS by Kevin Johnson. New Address: Attica CF, Box 149, Attica, NY, 14011. (lmb) (Entered: 11/16/2011)
2011-12-06 25 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Noreen Stackhouse dated 12/5/2011 re: Counsel for the Defendants writes to request an extension of time until 1/31/2012 within which to complete fact discovery. ENDORSEMENT: SO ORDERED. (Fact Discovery due by 1/31/2012.) (Signed by Magistrate Judge Ronald L. Ellis on 12/6/2011) (ab) (Entered: 12/06/2011)
2011-12-21 26 0 NOTICE OF APPEARANCE by Nicholas Henry Mindicino on behalf of Kevin Johnson (Mindicino, Nicholas) (Entered: 12/21/2011)
2012-01-06 27 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Nicholas Mindicino dated 1/04/2012 re: I now write, with the consent of defense counsel Noreen Stackhouse, to request an extension of time to complete discovery.By your order dated December 6, 2011 discovery was extended until January 31, 2012. I would now request a further extension until March 30, 2012 to allow the parties to schedule and conduct depositions of all necessary witnesses. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Ronald L. Ellis on 1/06/2012) (ama) (Entered: 01/06/2012)
2012-01-24 28 0 ORDER: IT IS HEREBY ORDERED: (l) that the Superintendent or other official in charge of Attica Correctional Facility, located in Attica, New York, produce inmate Kevin Johnson, Inmate No. 10-A-2352, within the Attica Correctional Facility, for the taking of his deposition via video conference link with the United States District Court for the Southern District of New York on January 30, 2012, commencing at 10:00 A.M., and for so long thereafter as is permitted by the Federal Rules of Civil Procedure; and (2) that inmate Kevin Johnson appear in such place as designated by the Superintendent or other official in charge of Attica Correctional Facility so that his deposition may be taken.( Deposition due by 1/30/2012.) (Signed by Magistrate Judge Ronald L. Ellis on 1/24/2012) (djc) (Entered: 01/26/2012)
2012-02-08 29 0 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Ronald L. Ellis on 2/7/2012) (ab) (Entered: 02/09/2012)
2012-03-29 30 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Nicholas Mindicino, Esq. dated 3/27/2012 re: Counsel for the plaintiff requests an extension of time to complete discovery, until May 30, 2012 to allow the parties too schedule and conduct. ENDORSEMENT: SO ORDERED. (Discovery due by 5/30/2012.) (Signed by Magistrate Judge Ronald L. Ellis on 3/29/2012) (ft) (Entered: 03/29/2012)
2012-05-31 31 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L Ellis from Stoll Glickman & Bellina dated 5/30/2012 re: Request to extend discovery until 6/29/2012 to allow the parties to conduct a deposition for a third party witness currently residing outside the state of NY. ENDORSEMENT: Granted. ( Discovery due by 6/29/2012.) (Signed by Magistrate Judge Ronald L. Ellis on 5/31/2012) (cd) (Entered: 05/31/2012)
2012-08-01 32 0 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Nicholas Mindicino dated 7/27/2012 re: We request an extension of discovery until August 10, 2012. ENDORSEMENT: So ordered., ( Discovery due by 8/10/2012.) (Signed by Magistrate Judge Ronald L. Ellis on 8/1/2012) (lmb) (Entered: 08/01/2012)
2012-09-07 33 0 ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Nicholas Mindicino dated 8/22/12 re: Counsel for the plaintiff states that pursuant to your individual rules, the parties' joint pretrial order and required pretrial filings are currently due 30 days after the close of discovery. Counsel requests that these be due 30 days after the settlement conference is held. ENDORSEMENT: A settlement conference will be held on October 2, 2012, at 2:30 p.m. So ordered. (Signed by Magistrate Judge Ronald L. Ellis on 9/7/2012) (mro) (Entered: 09/07/2012)
2012-09-07 34 0 STIPULATION OF PARTIAL VOLUNTARY DISMISSAL AND DISCONTINUANCE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, pursuant to 41(a) of the Federal Rules of Civil Procedure, by and between the attorneys for the respective parties herein, plaintiff Kevin Johnson hereby dismisses and discontinues all claimsthat were asserted or could have been asserted in the above entitled proceeding arising out of the events alleged in the complaint in this matter, with prejudice, and without costs or attorney's fees to any party, with the exception of plaintiff's claims against Police Officer Prince Williams alleging excessive force pursuant to 28 U.S.C. ยง1983. ENDORSEMENT: The Clerk of Court is directed to terminate all defendants other than Officer Prince Williams. (Signed by Judge Paul A. Engelmayer on 9/7/2012) (djc) (Entered: 09/07/2012)
2012-09-07 35 0 SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 10/2/2012 at 02:30 PM in Courtroom 18D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis, and as further set forth. (Signed by Magistrate Judge Ronald L. Ellis on 9/7/2012) (rjm) (Entered: 09/12/2012)
2012-10-24 36 0 STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: The above-referenced action is hereby dismissed against the defendant, with prejudice, and without costs, expenses, or attorney's fees in excess of the amount specified in paragraph "2" below. 2. The City ofNew York hereby agrees to pay plaintiff, KEVIN JOHNSON, the sum of TWENfY SIX THOUSAND FIVE HUNDRED DOLLARS ($26,500.00), in full satisfaction of all claims, including claims for costs, expenses and attorney's fees. (Signed by Judge Paul A. Engelmayer on 10/24/2012) (pl) (Entered: 10/24/2012)