| Court: | nysd |
| Docket #: | 1:10-cv-08089 |
| Case Name: | Duncan v. People of the State of New York et al |
| PACER case #: | 370397 |
| Date filed: | 2010-10-25 |
| Date terminated: | 2015-05-26 |
| Assigned to: | Judge George B. Daniels |
| Referred to: | Magistrate Judge Debra C. Freeman |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Danton Keith Duncan Plaintiff 610 W. 150th Street Apt. 4A New York, NY 10031 |
Dana Elizabeth Vallera Malaika Ralphael Staten Megan Lynn Gaffney Michael Lampert Akavan |
| People of the State of New York Defendant TERMINATED: 07/05/2011 |
|
| New York City Police Department Defendant TERMINATED: 11/09/2011 |
Alicia Marie Crowe |
| District Attorney's Office (ADA Chilika) et al Defendant TERMINATED: 11/09/2011 |
Leila Marie Kermani |
| The City of New York Defendant |
Andrew Joseph Lucas Liza Jin Kyung Sohn Alicia Marie Crowe |
| Officer Manuey Cardona Defendant Shield #04655 |
Andrew Joseph Lucas Liza Jin Kyung Sohn |
| Officer Joel Polichron Defendant Shield # 24564 TERMINATED: 04/05/2012 |
Andrew Joseph Lucas |
| Officer Willis Murray Defendant shield #375 |
Andrew Joseph Lucas Liza Jin Kyung Sohn |
| Officer Morgan Jones Defendant shield #4167 |
Andrew Joseph Lucas Liza Jin Kyung Sohn |
| Undercover Officer Defendant shield # 0059 |
Andrew Joseph Lucas Liza Jin Kyung Sohn |
| Undercover Officer Defendant shield #0076 |
Andrew Joseph Lucas Liza Jin Kyung Sohn |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-10-25 | 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 10/22/10) (ama) (Entered: 10/29/2010) | |||
| 2010-10-25 | 2 | 0 | COMPLAINT against District Attorney's Office (ADA Chilika) et al, New York City Police Department, People of the State of New York. Document filed by Danton Keith Duncan.(ama) (Entered: 10/29/2010) | |||
| 2010-10-25 | 3 | 0 | APPLICATION for the Court to Request Counsel. Document filed by Danton Keith Duncan.(ama) (Entered: 10/29/2010) | |||
| 2010-11-09 | 4 | 0 | PRO SE PRETRIAL CONFERENCE NOTICE: Pro Se Plaintiff and counsel for all parties are hereby directed to attend a conference before Magistrate Judge Debra C. Freeman, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally. A Pro Se pretrial conference will be held at the United States District Courthouse. If you are a prisoner in a state or city facility, you should provide sufficient information for opposing counsel to prepare an order by the Court to arrange for a conference by telephone. No application for adjournment will be considered unless made within one week of receipt of the conference date. All parties should also be prepared to address at the conference the factual and legal bases for their claims or defenses, any issue as to subject matter jurisdiction, and any other issue relevant to case management. (Signed by Judge George B. Daniels on 11/8/2010) (jfe) (Entered: 11/09/2010) | |||
| 2010-11-09 | 5 | 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 Debra C. Freeman. Motion referred to Debra C. Freeman. (Signed by Judge George B. Daniels on 11/8/10) (cd) (Entered: 11/10/2010) | |||
| 2011-05-06 | 6 | 0 | LETTER: addressed to Danton Keith Duncan from Magistrate Judge Debra C. Freeman dated 5/6/2011 re: Accordingly, you were required to serve the Complaint upon the defendants by February 22, 2011. Based on the Court's review of the docket and file in this action, it appears that you have not yet effectuated service. Rule 4(m), however, also allows the Court to extend the time for service, and because you are proceeding in this action without counsel and may not have been aware of the requirements of Rule 4(m), the Court will extend your time for service to June 6,2011. If you need additional time to serve the defendants, you should inform the Court of your reasons. Any additional extensions will only be made upon a showing of good cause.(js) (Entered: 05/10/2011) | |||
| 2011-06-13 | 7 | 0 | NOTICE OF APPEARANCE by Leila Marie Kermani on behalf of District Attorney's Office (ADA Chilika) et al (mbe) (Entered: 06/14/2011) | |||
| 2011-06-17 | 8 | 0 | MOTION to Dismiss the Complaint. Document filed by District Attorney's Office (ADA Chilika) et al.(mbe) (Entered: 06/20/2011) | |||
| 2011-06-17 | 9 | 0 | MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss the Complaint. Document filed by District Attorney's Office (ADA Chilika) et al. (mbe) (Entered: 06/20/2011) | |||
| 2011-06-23 | 10 | 0 | SCHEDULING ORDER: Initial Conference set for 7/8/2011 at 10:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. If Plaintiff needs assistance in understanding any of the procedural rules of this Court, or any aspect of this Order, Plaintiff is encouraged to contact the Court's Pro Se Office, 500 Pearl Street, Room 230, New York, New York 10007. The telephone number for the Pro Se Office is (212) 805-0175. (Signed by Magistrate Judge Debra C. Freeman on 6/23/2011) Copies Mailed By Chambers. (jpo) (Entered: 06/23/2011) | |||
| 2011-06-23 | 11 | 0 | NOTICE OF APPEARANCE by Alicia Marie Crowe on behalf of New York City Police Department (Crowe, Alicia) (Entered: 06/23/2011) | |||
| 2011-06-30 | 12 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Alicia Crowe dated 6/23/11 re: counsel for defendant respectfully request that defendant's time to answer or otherwise respond to the complaint be extended to August 24, 2011. ENDORSEMENT: So Ordered. All Defendants. (Signed by Judge George B. Daniels on 6/30/11) (pl) Modified on 6/30/2011 (pl). (Entered: 06/30/2011) | |||
| 2011-07-05 | 13 | 0 | ORDER: Defendant People of the State of New York is Dismissed as a named defendant in this action. so Ordered (Signed by Judge George B. Daniels on 7/1/2011) (js) (Entered: 07/05/2011) | |||
| 2011-07-19 | 14 | 0 | SCHEDULING ORDER: Plaintiff is granted leave to file an amended complaint and he shall file the amended complaint, if any, by 8/11/2011. Discovery is stayed as to defendants the District Attorney's Office and "ADA Chilika," based on the immunity defense that was raised in their Motion to Dismiss. Case Management Conference set for 8/10/2011 at 10:00 AM in Courtroom 17A, at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 7/19/2011) Copies Mailed By Chambers. (mro) (Entered: 07/20/2011) | |||
| 2011-07-27 | 15 | 0 | ORDER: denying 3 Application for the Court to Request Counsel. Plaintiff's application to the Court for appointment of counsel is denied without prejudice. (Signed by Judge George B. Daniels on 7/26/2011) (mbe) (Entered: 07/27/2011) | |||
| 2011-08-10 | 16 | 0 | ORDER: Case Management Conference set for 8/22/2011 at 10:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. Plaintiff is cautioned that if he again fails to appear, this Court may recommend that his case be dismissed for failure to prosecute. The deadline for defendant New York City Police Department to answer, move or otherwise respond to the Complaint is stayed pending the August 22 conference. (Signed by Magistrate Judge Debra C. Freeman on 8/10/2011) Copies Mailed By Chambers. (ab) (Entered: 08/10/2011) | |||
| 2011-08-25 | 18 | 0 | SCHEDULING ORDER: It is hereby Ordered that the office of the Corporation Counsel is directed to provide Plaintiff with a copy of his arrest report no later than August 29, 2011. By that same date, the office of Corporation Counsel is also directed to notify Plaintiff by letter, with a copy to the Court, of the names and shield numbers of the individual officers involved in Plaintiff s arrest and to provide information as to how these officers may be served with process. Plaintiff is granted an extension of time for filing an amended complaint and he shall file the amended complaint, if any, by September 23, 2011. Defendant New York City Police Department's time to move, answer, or otherwise respond shall continue to be stayed, pending Plaintiff's filing of an amended complaint. If, however, Plaintiff does not file an amended complaint by September 23, 2011, then the New York City Police Department should proceed to move, answer, or otherwise respond to Plaintiffs initial Complaint, within 21 days of that date. The parties are directed to appear for a case management conference before the Court on Tuesday, October 4, 2011, at 11:00 a.m., at the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17A. (Signed by Magistrate Judge Debra C. Freeman on 8/25/2011) Copies Mailed By Chambers. (mro) Modified on 8/29/2011 (mro). (Entered: 08/26/2011) | |||
| 2011-10-07 | 19 | 0 | SCHEDULING ORDER: The parties are directed to appear for a case management conference on November 9, 2011 at 11:00 a.m., at the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17A. If Plaintiff has, in fact, retained an attorney to represent him in this matter, then Plaintiff should instruct his attorney to file a notice of appearance on his behalf without delay, and Plaintiff's counsel should plan to appear, on Plaintiff's behalf, at the November 9th conference. If, however, no attorney has appeared for Plaintiff in this action by November 9th, then Plaintiff will be expected to appear at the conference himself. Plaintiff is cautioned that, unless and until he is represented by an attorney of record, he will be obligated, as a pro se litigant, to comply with this Court's scheduling orders and to appear for all scheduled conferences. His failure to do so could result in a dismissal of this action for failure to prosecute. If Plaintiff needs assistance in understanding any of the procedural rules of this Court, or any aspect of this Order, Plaintiff is encouraged to contact the Court's Pro Se Office, 500 Pearl Street, Room 230, New York, New York 10007. The telephone number for the Pro Se Office is (212) 805-0175. (Case Management Conference set for 11/9/2011 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (Signed by Magistrate Judge Debra C. Freeman on 10/7/2011) Copies Mailed By Chambers. (djc) (Entered: 10/07/2011) | |||
| 2011-11-10 | 20 | 0 | APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Danton Keith Duncan.(ft) (Entered: 11/10/2011) | |||
| 2011-11-09 | 21 | 0 | AMENDED COMPLAINT against Manuey Cardona, Joel Polichron, The City of New York. Document filed by Danton Keith Duncan.(ft) (Entered: 11/10/2011) | |||
| 2011-11-21 | 22 | 0 | ORDER: The U.S. Marshals Service is directed to serve the following defendants, through personal service, at the following addresses, no later than December 2, 2011: The City of New York Corporation Counsel 100 Church Street New York, New York 10007. Officer Manuel Cardova New York City Police Department 1 Police Plaza New York, New York 10007. Officer Joel Polichron 73rd Precinct 1470 East New York Avenue Brooklyn, New York 11211. The Office of the Corporation Counsel is directed to inform the Court when service on the above-named defendants has been made, so that the Court may schedule a follow- up conference. Copies Sent By Chambers) Copy forwarded to the US Marshal (Signed by Magistrate Judge Debra C. Freeman on 11/21/2011) (cd) (Entered: 11/22/2011) | |||
| 2011-12-05 | 23 | 0 | ANSWER to 21 Amended Complaint with JURY DEMAND. Document filed by The City of New York.(Crowe, Alicia) (Entered: 12/05/2011) | |||
| 2011-12-13 | 24 | 0 | ENDORSED LETTER addressed to Magistrate Judge Debra Freeman from Alicia M. Crowe dated 12/9/2011 re: Counsel for the Defendant writes to inform the Court that new added defendants Manuel Cardova and Joel Polichron were served with an amended complaint and request an extension of time for them to answer or otherwise respond to the amended complaint until 1/31/2012. ENDORSEMENT: Granted. (Signed by Magistrate Judge Debra C. Freeman on 12/13/2011) (ab) (Entered: 12/13/2011) | |||
| 2011-12-30 | 25 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Manuey Cardona.. Service was attempted on 12/14/2011. Document filed by Danton Keith Duncan. (ft) (Entered: 01/04/2012) | |||
| 2012-02-06 | 26 | 0 | ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Alicia M. Crowe dated 2/2/2012 re: Defendant writes to respectfully request an extension of time until February 27, 2012 to answer on behalf of the newly added defendants Manuel Cardova and Joel Polichron. ENDORSEMENT: Granted. Manuel Cardona answer due 2/27/2012; Joel Polichron answer due 2/27/2012. Counsel also requests an extension of time until February 27, 2012 in which to advise whether service has been made on Cardova. ENDORSEMENT: Denied. (Signed by Magistrate Judge Debra C. Freeman on 2/6/2012 nunc pro tunc to 1/31/2012.) (djc) (Entered: 02/07/2012) | |||
| 2012-02-06 | 27 | 0 | MEMO ENDORSEMENT ON APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL: As this case involves allegations sufficient to pass a threshold test of potential merit, and as plaintiff has set forth special circumstances justifying a request for pro bono counsel, the within application is granted. (Signed by Magistrate Judge Debra C. Freeman on 2/6/2012) (djc) (Entered: 02/07/2012) | |||
| 2012-02-24 | 28 | 0 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Joel Polichron and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joel Polichron, The City of New York, Manuey Cardona.(Lucas, Andrew) Modified on 2/27/2012 (dt). (Entered: 02/24/2012) | |||
| 2012-02-16 | 29 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. The City of New York served on 11/23/2011, answer due 12/14/2011. Service was accepted by Dmitriv Aronov ( Service Window Clerk). Document filed by Danton Keith Duncan. (rdz) (Entered: 02/24/2012) | |||
| 2012-02-16 | 30 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Nicky Phillips, Detective. Document filed by Danton Keith Duncan. (rdz) (Entered: 02/24/2012) | |||
| 2012-02-16 | 31 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Principal Admin. Assoc. Donna M. Bernard. Document filed by Danton Keith Duncan. (rdz) (Entered: 02/24/2012) | |||
| 2012-02-16 | 32 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Det. Piparo. 12/5/11 Sent out for mail service, no response. 1/9/12 Set up for per/service. Document filed by Danton Keith Duncan. (jfe) Modified on 2/28/2012 (jfe). (Entered: 02/28/2012) | |||
| 2012-02-28 | 33 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Andrew Lucas dated 2/27/2012 re: Counsel respectfully request a brief extension of time to respond on behalf of Manuey Cardona until March 21, 2012. ENDORSEMENT: So Ordered. Manuey Cardona answer due 3/21/2012. (Signed by Magistrate Judge Debra C. Freeman on 2/28/2012) (jfe) Modified on 3/13/2012 (jfe). (Entered: 02/28/2012) | |||
| 2012-02-16 | 34 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Service was accepted by Dmitriy Aronov - Service Window Clerk. 12/5/11 Sent out for mail service, no response. 1/9/12 Set up for per/service. Document filed by Danton Keith Duncan. (jfe) (Entered: 02/28/2012) | |||
| 2012-03-12 | 35 | 0 | NOTICE OF APPEARANCE by Megan Lynn Gaffney on behalf of Danton Keith Duncan (Gaffney, Megan) (Entered: 03/12/2012) | |||
| 2012-03-12 | 36 | 0 | NOTICE OF APPEARANCE by Dana Elizabeth Vallera on behalf of Danton Keith Duncan (Vallera, Dana) (Entered: 03/12/2012) | |||
| 2012-03-19 | 37 | 0 | ANSWER to 21 Amended Complaint with JURY DEMAND. Document filed by Manuey Cardona, Joel Polichron, The City of New York.(Lucas, Andrew) (Entered: 03/19/2012) | |||
| 2012-04-05 | 38 | 0 | STIPULATION AND ORDER OF WITHDRAWAL AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for plaintiff and defendants, as follows: 1. Any and all claims against defendant Joel Polichron are dismissed; Plaintiff agrees to voluntarily dismiss this action, with prejudice, as against defendant Joe] Polichron, pursuant to Fed. R. Civ. P. 4l(a)(1)(A)(ii) and without any expenses, fees or costs to any party; and This Stipulation and Order contains all the terms and conditions agreed upon bythe parties hereto, and no oral agreement entered into at any time nor any written agreement entered into prior to the execution of this Stipulation and Order regarding the subject matter of the instant proceeding shall be deemed to exist, or to bind the parties hereto, or to vary the terms and conditions contained herein. SO ORDERED. (Signed by Judge George B. Daniels on 4/05/2012) (ama) (Entered: 04/05/2012) | |||
| 2012-08-09 | 39 | 0 | ENDORSED LETTER: addressed to Magistrate Judge Debra C. Freeman from Dana E. Vallera dated 8/8/2012 re: Pursuant to the telephone call held on July 20, 2012, in Duncan v. City of New York, 10-cv-8089, Plaintiff Duncan and the City propose a modification to the schedule previously submitted by the parties July 13, 2012-Initial disclosures due July 13, 2012. Initial discovery requests due July 20, 2012. Deadline for Plaintiff's Motion to Amend the Complaint September 15, 2012. Fact discovery deadline 12/31/2012. ENDORSEMENT: So Ordered (Signed by Magistrate Judge Debra C. Freeman on 8/9/2012) (js) (Entered: 08/10/2012) | |||
| 2012-08-17 | 40 | 0 | FIRST MOTION to Dismiss. Document filed by Manuey Cardona, The City of New York.(Lucas, Andrew) (Entered: 08/17/2012) | |||
| 2012-08-17 | 41 | 0 | DECLARATION of Andrew Lucas in Support re: 40 FIRST MOTION to Dismiss.. Document filed by Manuey Cardona, The City of New York. (Attachments: # 1 Exhibit Amended Summons and Complaint, # 2 Exhibit May 6, 2009 opinion of the Honorable Judge Zweibel)(Lucas, Andrew) (Entered: 08/17/2012) | |||
| 2012-08-17 | 42 | 0 | FIRST MEMORANDUM OF LAW in Support re: 40 FIRST MOTION to Dismiss.. Document filed by Manuey Cardona, The City of New York. (Lucas, Andrew) (Entered: 08/17/2012) | |||
| 2012-09-05 | 43 | 0 | MEMORANDUM OF LAW in Opposition re: 40 FIRST MOTION to Dismiss.. Document filed by Danton Keith Duncan. (Gaffney, Megan) (Entered: 09/05/2012) | |||
| 2012-09-05 | 44 | 0 | DECLARATION of Megan Gaffney in Opposition re: 40 FIRST MOTION to Dismiss.. Document filed by Danton Keith Duncan. (Attachments: # 1 Exhibit Exhibit B, # 2 Exhibit Exhibit C)(Gaffney, Megan) (Entered: 09/05/2012) | |||
| 2012-09-12 | 45 | 0 | FIRST REPLY MEMORANDUM OF LAW in Support re: 40 FIRST MOTION to Dismiss.. Document filed by Manuey Cardona, The City of New York. (Lucas, Andrew) (Entered: 09/12/2012) | |||
| 2012-09-19 | 46 | 0 | MOTION to Amend/Correct the Complaint. Document filed by Danton Keith Duncan.(Vallera, Dana) (Entered: 09/19/2012) | |||
| 2012-09-19 | 47 | 0 | MEMORANDUM OF LAW in Support re: 46 MOTION to Amend/Correct the Complaint.. Document filed by Danton Keith Duncan. (Vallera, Dana) (Entered: 09/19/2012) | |||
| 2012-09-19 | 48 | 0 | DECLARATION of Dana Vallera in Support re: 46 MOTION to Amend/Correct the Complaint.. Document filed by Danton Keith Duncan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Vallera, Dana) (Entered: 09/19/2012) | |||
| 2012-10-02 | 49 | 0 | AFFIRMATION of Andrew Lucas in Opposition re: 46 MOTION to Amend/Correct the Complaint.. Document filed by Manuey Cardona, The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lucas, Andrew) (Entered: 10/02/2012) | |||
| 2012-10-02 | 50 | 0 | MEMORANDUM OF LAW in Opposition re: 46 MOTION to Amend/Correct the Complaint.. Document filed by Manuey Cardona, The City of New York. (Lucas, Andrew) (Entered: 10/02/2012) | |||
| 2012-10-10 | 51 | 0 | ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Megan L. Gaffney dated 10/9/2012 re: Counsel requests an extension of the filing due date for the reply by one week, to October 16, 2012. ENDORSEMENT: SO ORDERED. (Replies due by 10/16/2012.) (Signed by Magistrate Judge Debra C. Freeman on 10/10/2012) (ft) (Entered: 10/10/2012) | |||
| 2012-10-19 | 52 | 0 | ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Dana E. Vallera dated 10/16/2012 re: Counsel for Plaintiff Danton Duncan writes to request an extension of time to file their reply memorandum in response to Defendants; opposition to Mr. Duncan's Motion for Leave to File a Second Amended Complaint. The reply is due today. We request an additional ten days to allow ourselves and our client to gather information relevant to our response. We have conferred with opposing counsel, and he as agreed to a revised deadline of October 26, 2012. ENDORSEMENT: So Ordered. ( Replies due by 10/26/2012.) (Signed by Magistrate Judge Debra C. Freeman on 10/19/2012 nunc pro tunc to 10/16/12) (ago) (Entered: 10/19/2012) | |||
| 2012-10-26 | 53 | 0 | REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Amend/Correct the Complaint.. Document filed by Danton Keith Duncan. (Gaffney, Megan) (Entered: 10/26/2012) | |||
| 2012-10-26 | 54 | 0 | DECLARATION of Dana Vallera in Support re: 46 MOTION to Amend/Correct the Complaint.. Document filed by Danton Keith Duncan. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vallera, Dana) (Entered: 10/26/2012) | |||
| 2012-12-03 | 55 | 0 | ORDER DESIGNATING CASE AN ECF CASE: The pending civil cases noted in the attachment to this Order are designated as cases to the Electronic Case Filing database (ECF) and the Clerk of Court shall docket a copy of this Order in each case and designate the case as an ECF case. IT IS FURTHER ORDERED that, Counsel to any party who is not a registered user of this Court's ECF database is directed to register immediately and obtain a log in and password to this Court's ECF database. Attorneys appearing as counsel for plaintiff(s) or defendant(s) shall file their pleading(s) and other permitted papers using the ECF system. (Signed by Judge George B. Daniels on 12/3/2012) (ft) Modified on 12/4/2012 (ft). (Entered: 12/04/2012) | |||
| 2013-01-03 | 56 | 0 | ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Andrew Lucas dated 12/18/2012 re: Counsel requests a stay of discovery while the motion to dismiss and amend are outstanding. ENDORSEMENT: Granted. (Signed by Magistrate Judge Debra C. Freeman on 1/3/2013) (ft) (Entered: 01/07/2013) | |||
| 2013-02-13 | 57 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Megan L. Gaffney dated 2/12/2013 re: Plaintiff's counsel writes am writing to withdraw as counsel for Mr. Danton Duncan in the above captioned action. On February 15,2013, I will be leaving Sullivan & Cromwell LLP to join the United States Attorney's Office for the Southern District of New York as an Assistant United States Attorney in the Criminal Division. As such, I cannot continue as appointed counsel for Mr. Danton Duncan. My colleague, Dana Vallera, will continue to represent Mr. Duncan. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 2/13/2013) (ago) (Entered: 02/13/2013) | |||
| 2013-03-15 | 58 | 0 | ORDER granting in part and denying in part 46 Motion to Amend/Correct. Plaintiff is directed to file a Second Amended Complaint, consistent with this Order, no later than March 22, 2013. The City is directed to inform Plaintiff and the Court, no later than March 27, 2013, whether it will waive service of the Second Amended Complaint on any newly-named defendants. If not, then Plaintiff is directed to arrange for service without delay. Defendants shall move, answer, or otherwise respond to Plaintiffs Second Amended Complaint no later than April 26, 2013. The Court will hold a telephonic case management conference with counsel on May 14, 2013, at 10:00 a.m., and counsel are directed to initiate that call jointly to my chambers, at that time. Additional relief as set forth in this Order. (Signed by Magistrate Judge Debra C. Freeman on 3/15/2013) Copies Mailed By Chambers. (pl) Modified on 3/15/2013 (pl). (Entered: 03/15/2013) | |||
| 2013-03-18 | 59 | 0 | ORDER withdrawing 40 Motion to Dismiss. The Clerk of the Court is directed to close Defendants' Motion to Dismiss [ECF No. 40] as being voluntarily withdrawn without prejudice to renew upon Plaintiff's filing of a Second Amended Complaint. (Signed by Judge George B. Daniels on 3/18/2013) (tro) (Entered: 03/18/2013) | |||
| 2013-03-27 | 60 | 0 | TRANSCRIPT of Proceedings re: conference held on 7/8/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Ruth Ann Hager. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 6/28/2013.(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 61 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/8/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 62 | 0 | TRANSCRIPT of Proceedings re: conference held on 10/4/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Mary Greco. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 6/28/2013.(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 63 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on conference has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 64 | 0 | TRANSCRIPT of Proceedings re: conference held on 8/22/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Ruth Ann Hager. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 6/28/2013.(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 65 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/22/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 66 | 0 | TRANSCRIPT of Proceedings re: conference held on 11/9/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Mary Greco. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 6/28/2013.(tro) (Entered: 03/27/2013) | |||
| 2013-03-27 | 67 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/9/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro) (Entered: 03/27/2013) | |||
| 2013-03-22 | 68 | 0 | SECOND AMENDED COMPLAINT amending 21 Amended Complaint against Manuey Cardona, Willis Murray, Morgan Jones, Undercover Officer, Undercover Officer with JURY DEMAND.Document filed by Danton Keith Duncan. Related document: 21 Amended Complaint filed by Danton Keith Duncan.(cd) (mro). (Entered: 04/09/2013) | |||
| 2013-04-25 | 69 | 0 | FIRST MOTION to Dismiss Second Amended Complaint. Document filed by Manuey Cardona. Responses due by 5/31/2013 Return Date set for 6/14/2013 at 11:59 PM.(Lucas, Andrew) (Entered: 04/25/2013) | |||
| 2013-04-25 | 70 | 0 | MEMORANDUM OF LAW in Support re: 69 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by Manuey Cardona. (Lucas, Andrew) (Entered: 04/25/2013) | |||
| 2013-04-25 | 71 | 0 | DECLARATION of Andrew Lucas in Support re: 69 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by Manuey Cardona. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lucas, Andrew) (Entered: 04/25/2013) | |||
| 2013-05-21 | 72 | 0 | Minute Entry: for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 5/21/2013. Case management conference held via telephone. Telephone conference scheduled for 7/17/13 at 2:30 p.m. (djc) (Entered: 05/22/2013) | |||
| 2013-05-31 | 73 | 0 | DECLARATION of Dana E. Vallera in Opposition re: 69 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by Danton Keith Duncan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (Part 1 of 2), # 5 Exhibit D (Part 2 0f 2))(Vallera, Dana) (Entered: 05/31/2013) | |||
| 2013-05-31 | 74 | 0 | MEMORANDUM OF LAW in Opposition re: 69 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by Danton Keith Duncan. (Vallera, Dana) (Entered: 05/31/2013) | |||
| 2013-06-14 | 75 | 0 | REPLY MEMORANDUM OF LAW in Support re: 69 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by Manuey Cardona. (Lucas, Andrew) (Entered: 06/14/2013) | |||
| 2013-07-09 | 76 | 0 | NOTICE OF APPEARANCE by Michael Lampert Akavan on behalf of Danton Keith Duncan. (Akavan, Michael) Modified on 7/9/2013 (db). (Entered: 07/09/2013) | |||
| 2013-07-09 | 77 | 0 | NOTICE OF APPEARANCE by Malaika Raphael Staten on behalf of Danton Keith Duncan. (Staten, Malaika) (Entered: 07/09/2013) | |||
| 2013-07-10 | 78 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels, from Dana E. Vallera, dated 7/9/2013, re: I am writing to withdraw as counsel for Mr. Danton Duncan in the above-captioned action. On July 10, 2013 I will be leaving Sullivan & Cromwell LLP and will begin working at Paul, Weiss, Rifkind, Wharton & Garrison LLP. My colleagues at Sullivan & Cromwell, Mike Akavan and Malaika Staten, will continue to represent Mr. Duncan. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/10/2013) (ja) (Entered: 07/10/2013) | |||
| 2013-07-17 | 79 | 0 | SUMMONS RETURNED EXECUTED. Morgan Jones served on 7/16/2013, answer due 8/6/2013; Willis Murray served on 7/16/2013, answer due 8/6/2013; Undercover Officer(shield # 0059) served on 7/16/2013, answer due 8/6/2013; Undercover Officer(shield #0076) served on 7/16/2013, answer due 8/6/2013. Service was accepted by CYNTHIA BUSBY. Service was made by MAIL. Document filed by Danton Keith Duncan. (Akavan, Michael) (Entered: 07/17/2013) | |||
| 2013-07-18 | 80 | 0 | SCHEDULING ORDER: The Court having held a telephone conference on July 17, 2013 with counsel for all parties; it is hereby ORDERED, as stated on the record, that: 1. All fact discovery shall be completed no later than September 30, 2013. 2. Counsel shall participate in a follow-up telephone conference call with this Court on September 19, 2013 at 10:00 a.m., and are directed to initiate such a call jointly to my chambers, on that date. Fact Discovery due by 9/30/2013. Telephone Conference set for 9/19/2013 at 10:00 AM before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 7/18/2013) (lmb) Modified on 7/22/2013 (lmb). (Entered: 07/22/2013) | |||
| 2013-08-16 | 81 | 0 | NOTICE OF APPEARANCE by Andrew Joseph Lucas on behalf of Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Lucas, Andrew) (Entered: 08/16/2013) | |||
| 2013-08-20 | 82 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels, from Andrew Lucas, dated 8/16/2013, re: For the reasons stated herein defendants request that defendants Jones, Murray, UC 0059 and UC 0076 be joined in the motion to dismiss filed on April 25, 2013 by defendant Cardova. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/20/2013) (ja) (Entered: 08/21/2013) | |||
| 2013-08-23 | 83 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels, from Michael L. Akavan, dated 8/22/2013, re: On August 20, 2013, the Court granted Defendants' request that the Court permit the newly added defendants, Officer Jones, Officer Murray, Undercover Officer (Shield #0059) and Undercover Officer (Shield #0076), to join in Defendant's pending motion to dismiss (ECF Nos. 69-71). Mr. Duncan now requests that his July 31, 2013 Memorandum of Law in Opposition to Defendant's Motion to Dismiss and supporting papers (ECF No. 73-74) be adopted as his response to the newly named defendants' motion to dismiss. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/23/2013) (ja) Modified on 8/26/2013 (ja). (Entered: 08/23/2013) | |||
| 2013-09-27 | 84 | 0 | FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Debra C. Freeman from Andrew Lucas dated 9/26/2013. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076).(Lucas, Andrew) (Entered: 09/27/2013) | |||
| 2013-10-01 | 85 | 0 | ORDER granting 84 Letter Motion for Extension of Time to Complete Discovery. Upon the parties' joint request, and for the reasons stated in Defendants' letter, the deadline for the completion of discovery is extended from 9/30/13 to 12/6/13. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra) (Entered: 10/01/2013) | |||
| 2013-10-23 | 86 | 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 Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge George B. Daniels on 10/22/2013) (js) (Entered: 10/23/2013) | |||
| 2013-11-26 | 87 | 0 | FIRST LETTER MOTION for Local Rule 37.2 Conference or to quash 11/20/13 Subpoena, addressed to Magistrate Judge Debra C. Freeman from Andrew Lucas dated 11/26/2013. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Attachments: # 1 Exhibit A - Plaintiff's 11/20/13 Subpoena)(Lucas, Andrew) (Entered: 11/26/2013) | |||
| 2013-11-27 | 88 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Debra C. Freeman from Michael L. Akavan dated 11/27/2013 re: 87 FIRST LETTER MOTION for Local Rule 37.2 Conference or to quash 11/20/13 Subpoena, addressed to Magistrate Judge Debra C. Freeman from Andrew Lucas dated 11/26/2013.. Document filed by Danton Keith Duncan. (Attachments: # 1 Exhibit Ex. A (NYPD OCCB Buy Report))(Akavan, Michael) (Entered: 11/27/2013) | |||
| 2013-12-16 | 89 | 0 | ORDER denying 87 Letter Motion to quash Plaintiff's subpoena directed to Sgt. Collings, or alternatively for a discovery conference pursuant to Local Rule 37.2. The Court has reviewed both Defendants' letter motion (Dkt. 87) and Plaintiff's letter in opposition (Dkt. 88), and notes that it received no reply from Defendants. For the reasons stated in Plaintiff's opposition, the Court perceives no reason to quash the subpoena in question. Defendants lack standing to make such a motion and, even if the Court were to find a basis for standing, it appears that this deposition would be neither unduly burdensome nor unreasonably duplicative. The application is denied. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra) (Entered: 12/16/2013) | |||
| 2013-12-20 | 90 | 0 | JOINT LETTER MOTION for Extension of Time to File Joint Pretrial Order addressed to Judge George B. Daniels from Michael L. Akavan dated December 20, 2013. Document filed by Danton Keith Duncan.(Akavan, Michael) (Entered: 12/20/2013) | |||
| 2013-12-23 | 91 | 0 | ORDER granting 90 Letter Motion for Extension of Time to File Joint Pretrial Order. The parties jointly request that the Court extend the time for submitting a Joint Pretrial Order until 30 days after the Court decides any summary judgment motion filed in this matter. SO ORDERED.(Signed by Judge George B. Daniels on 12/23/2013) (ama) (Entered: 12/23/2013) | |||
| 2014-01-06 | 92 | 0 | FIRST MOTION for Summary Judgment. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). Responses due by 3/7/2014 Return Date set for 4/18/2014 at 11:59 PM.(Lucas, Andrew) (Entered: 01/06/2014) | |||
| 2014-01-06 | 93 | 0 | DECLARATION of Andrew Lucas in Support re: 92 FIRST MOTION for Summary Judgment.. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E1, # 6 Exhibit E2, # 7 Exhibit E3, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U)(Lucas, Andrew) (Entered: 01/06/2014) | |||
| 2014-01-06 | 94 | 0 | RULE 56.1 STATEMENT. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Lucas, Andrew) (Entered: 01/06/2014) | |||
| 2014-01-06 | 95 | 0 | MEMORANDUM OF LAW in Support re: 92 FIRST MOTION for Summary Judgment.. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Lucas, Andrew) (Entered: 01/06/2014) | |||
| 2014-01-10 | 96 | 0 | FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 92 FIRST MOTION for Summary Judgment. or requesting a so ordered briefing schedule, addressed to Magistrate Judge Debra C. Freeman from Andrew Lucas dated 1/10/2014. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076).(Lucas, Andrew) (Entered: 01/10/2014) | |||
| 2014-01-10 | 97 | 0 | ORDER: it is hereby ORDERED that Defendants' initial Rule 12(b)(6) motion shall be merged into their later Rule 56 motion, and the Court will consider both sets of papers together. Accordingly, the Clerk of Court is directed to close the motion listed as Dkt. 69 on the Docket for this case. SO ORDERED. Motions terminated: 69 FIRST MOTION to Dismiss Second Amended Complaint filed by Manuey Cardona. (Signed by Judge George B. Daniels on 1/10/2014) Copies Sent By Chambers. (ama) Modified on 1/10/2014 (ama). (Entered: 01/10/2014) | |||
| 2014-01-15 | 98 | 0 | ORDER granting 96 Letter Motion for Extension of Time to File Response/Reply: Opposition papers on the pending summary judgment motion to be filed by 3/7/14; reply papers to be filed by 4/18/14. (HEREBY ORDERED by Magistrate Judge Debra C. Freeman)(Text Only Order) (Freeman, Debra) (Entered: 01/15/2014) | |||
| 2014-03-07 | 99 | 0 | RESPONSE in Opposition to Motion re: 92 FIRST MOTION for Summary Judgment.. Document filed by Danton Keith Duncan. (Akavan, Michael) (Entered: 03/07/2014) | |||
| 2014-03-07 | 100 | 0 | DECLARATION of Michael L. Akavan in Opposition re: 92 FIRST MOTION for Summary Judgment.. Document filed by Danton Keith Duncan. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31)(Akavan, Michael) (Entered: 03/07/2014) | |||
| 2014-03-07 | 101 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: 92 FIRST MOTION for Summary Judgment. Plaintiff's Response to Defendants' Local Rule 56.1 Statement. Document filed by Danton Keith Duncan. (Akavan, Michael) Modified on 3/10/2014 (db). (Entered: 03/07/2014) | |||
| 2014-03-10 | 102 | 0 | COUNTER STATEMENT TO 94 Rule 56.1 Statement. Document filed by Danton Keith Duncan. (Akavan, Michael) (Entered: 03/10/2014) | |||
| 2014-04-16 | 103 | 0 | LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge George B. Daniels from Andrew Lucas dated 4/16/2014. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076).(Lucas, Andrew) (Entered: 04/16/2014) | |||
| 2014-04-17 | 104 | 0 | ORDER granting 103 Letter Motion for Extension of Time to File Response/Reply. The reply is due on May 9, 2014. Replies due by 5/9/2014. (Signed by Judge George B. Daniels on 4/17/2014) (mro) (Entered: 04/17/2014) | |||
| 2014-05-09 | 105 | 0 | REPLY MEMORANDUM OF LAW in Support re: 92 FIRST MOTION for Summary Judgment. . Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Lucas, Andrew) (Entered: 05/09/2014) | |||
| 2014-05-09 | 106 | 0 | DECLARATION of Andrew Lucas in Support re: 92 FIRST MOTION for Summary Judgment.. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Attachments: # 1 Exhibit 1)(Lucas, Andrew) (Entered: 05/09/2014) | |||
| 2014-05-09 | 107 | 0 | COUNTER STATEMENT TO 94 Rule 56.1 Statement. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, Undercover Officer(shield # 0059), Undercover Officer(shield #0076). (Lucas, Andrew) (Entered: 05/09/2014) | |||
| 2014-06-30 | 108 | 0 | NOTICE OF APPEARANCE by Liza Jin Kyung Sohn on behalf of Manuey Cardona, The City of New York. (Sohn, Liza) (Entered: 06/30/2014) | |||
| 2014-08-22 | 109 | 0 | REPORT AND RECOMMENDATIONS, For the foregoing reasons, I respectfully recommend: (1) that defendant Cardovas motion to dismiss Plaintiffs malicious prosecution claim against him (see Dkt. 69) be granted, with prejudice; and (2) that Defendants motion for summary judgment in their favor on all remaining claims (Dkt. 92) also be granted, except as to Plaintiffs false arrest claim against defendant UC 0059, as to which genuine material issues of fact remain for trial, re: 92 FIRST MOTION for Summary Judgment filed by Manuey Cardona, Undercover Officer, Morgan Jones, Willis Murray Objections to R&R due by 9/8/2014. (Signed by Magistrate Judge Debra C. Freeman on 8/22/2014) Copies Sent By Chambers. (cd) (Entered: 08/25/2014) | |||
| 2014-08-27 | 110 | 0 | FIRST LETTER MOTION for Extension of Time to file objections to the Report and Recommendation of Magistrate Judge Freeman addressed to Judge George B. Daniels from Michael L. Akavan dated August 27, 2014. Document filed by Danton Keith Duncan.(Akavan, Michael) (Entered: 08/27/2014) | |||
| 2014-09-03 | 111 | 0 | ORDER: granting 110 Letter Motion for Extension of Time. Any objections to Magistrate Judge Freeman's Report and Recommendation are due no later than September 15, 2014. The Clerk of the Court is instructed to close the letter motion at ECF No. 110. Objections to R&R due by 9/15/2014. (Signed by Judge George B. Daniels on 9/3/2014) (djc) (Entered: 09/03/2014) | |||
| 2014-09-15 | 112 | 0 | OBJECTION to 109 Report and Recommendations Document filed by Danton Keith Duncan. (Akavan, Michael) (Entered: 09/15/2014) | |||
| 2014-09-24 | 113 | 0 | FIRST LETTER MOTION for Extension of Time to File Response/Reply on consent addressed to Judge George B. Daniels from Liza Sohn dated 9-24-14. Document filed by Manuey Cardona, Morgan Jones, Willis Murray, The City of New York, Undercover Officer(shield # 0059), Undercover Officer(shield #0076).(Sohn, Liza) (Entered: 09/24/2014) | |||
| 2014-09-26 | 114 | 0 | ORDER: denying 113 Letter Motion for Extension of Time to File Response/Reply. DENIED. (Signed by Judge George B. Daniels on 9/26/2014) (djc) (Entered: 09/26/2014) | |||
| 2014-09-26 | 115 | 0 | MEMORANDUM DECISION AND ORDER: granting in part and denying in part 92 Motion for Summary Judgment. Defendant Cardova's motion to dismiss Plaintiff's malicious prosecution claim is GRANTED. The remaining Defendants' motion for summary judgment is GRANTED, except for Defendant UC 0059 whose motion for summary judgment is DENIED. The Clerk of the Court is instructed to close the motion at ECF No. 92. (Signed by Judge George B. Daniels on 9/26/2014) (djc) (Entered: 09/26/2014) | |||
| 2014-10-14 | 116 | 0 | LETTER addressed to Judge George B. Daniels from Michael L. Akavan dated October 14, 2014 re: Joiint Request to Refer Matter to Mediation Program. Document filed by Danton Keith Duncan.(Akavan, Michael) (Entered: 10/14/2014) | |||
| 2014-10-15 | 117 | 0 | ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. The above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/27/2014. Mediator Expertise Request due by 10/20/2014 (Signed by Judge George B. Daniels on 10/15/2014) (djc) (Entered: 10/15/2014) | |||
| 2014-10-15 | 118 | 0 | MEMO ENDORSEMENT on re: 116 Letter filed by Danton Keith Duncan. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 10/14/2014) (ajs) Modified on 10/21/2014 (ajs). (Entered: 10/15/2014) | |||
| 2015-05-26 | 120 | 0 | STIPULATION AND ORDER OF DISMISSAL: The above-referenced action is hereby dismissed with prejudice; and Notwithstanding the dismissal of this action in accordance with this agreement, the District Court shall continue to maintain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth in the Stipulation of Settlement executed by the parties in this matter. SO ORDERED. (Signed by Judge George B. Daniels on 5/26/2015) (ajs) (Entered: 05/26/2015) | 2016-05-13 13:30:02 | 48429dcf5acdbac2f1f21bf9c79a2ef6f1c1ba2c |