Case details

Court: nysd
Docket #: 1:11-cv-02074
Case Name: Carpinone v. The City of New York et al
PACER case #: 377025
Date filed: 2011-03-24
Date terminated: 2012-03-09
Date of last filing: 2012-03-09
Assigned to: Judge Paul A. Engelmayer
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
Carmine M. Carpinone
Plaintiff
Jordan Wayne Tucker
Reingold & Tucker 26 Court Street Suite 2506 Brooklyn, NY 11242 (718)-875-4805 Fax: 718 875-4810 Email: tucker@law1.com
LEAD ATTORNEY

Michael Colihan
Michael Colihan 44 Court Street Rm 911 Brooklyn, NY 11201 (718) 488-7788 Fax: (718) 694-0357 Email: michaelcolihan@aol.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

The City of New York
Defendant
Mark David Zuckerman
NYC Law Department 100 Church Street New York, NY 10007 (212)-442-8248 Fax: (212)-788-9776 Email: mzuckerm@law.nyc.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Police Officer John Doe 1-6
Defendant
TERMINATED: 11/21/2011

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-03-24 1 0 COMPLAINT against Police Officer John Doe 1-6, The City of New York. (Filing Fee $ 350.00, Receipt Number 933116)Document filed by Carmine M. Carpinone.(ama) (rdz). (Entered: 03/28/2011)
2011-03-24 2 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carmine M. Carpinone.(ama) (Entered: 03/28/2011)
2011-04-05 3 0 SUMMONS RETURNED EXECUTED. The City of New York served on 4/5/2011, answer due 4/26/2011. Service was accepted by Dmitri Arnov. Document filed by Carmine M. Carpinone. (Colihan, Michael) (Entered: 04/05/2011)
2011-04-13 4 0 NOTICE OF APPEARANCE by Mark David Zuckerman on behalf of The City of New York (Zuckerman, Mark) (Entered: 04/13/2011)
2011-04-15 5 0 ENDORSED LETTER addressed to Judge Deborah A. Batts from Mark D. Zuckerman dated 4/15/11 re: counsel for Defendant City respectfully requests an extension of time to answer or otherwise respond to this complaint from April 26, 2011 until June 24, 2011. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Deborah A. Batts on 4/15/11) (pl) (Entered: 04/15/2011)
2011-06-21 6 0 ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Zuckerman, Mark) (Entered: 06/21/2011)
2011-06-22 7 0 ORDER, that the Court's practice is to have the issues joined as to all parties prior to scheduling a conference pursuant to Rule 16 of the Federal Rules of Civil Procedure. Within ten days of the date of this Order, Plaintiff shall in writing inform the Court of what efforts he is making to identify Defendants Police Officer John Doe 1-6. (Signed by Judge Deborah A. Batts on 6/22/11) (pl) Modified on 7/6/2011 (pl). (Entered: 07/06/2011)
2011-07-08 8 0 ENDORSED LETTER addressed to Judge Deborah A. Batts from Michael Colihan dated 7/7/11 re: counsel for plaintiff writes that, I had planned to obtain the Court file in New York County on the underlying criminal action to do as the Court desires, but was just informed the plaintiff has obtained new counsel. This attorney is Abraham Reingold, 26 Court Street, Brooklyn, NY l1242. I have forwarded my file to him today and thus ask he be given an additional ten days to comply with Your Honor's Order. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Deborah A. Batts on 7/8/11) (pl) (Entered: 07/08/2011)
2011-07-20 9 0 NOTICE of Substitution of Attorney. Old Attorney: Michael Colihan, New Attorney: Jordan W. Tucker, Address: Reingold & Tucker, 26 Court Street, Brooklyn, New York, USA 11242, 718-875-4805. Document filed by Carmine M. Carpinone. (Tucker, Jordan) (Entered: 07/20/2011)
2011-08-19 10 0 NOTICE OF APPEARANCE by Jordan Wayne Tucker on behalf of Carmine M. Carpinone (Tucker, Jordan) (Entered: 08/19/2011)
2011-10-13 11 0 ORDER: On September 30, 2011, Counsel for Defendant The City of New York notified the Court, on behalf of both Parties, that the names of the Officers involved in the subject incident were provided to Plaintiff on August 22, 2011. Accordingly, Plaintiff shall file an Amended Complaint by October 28, 2011. (Amended Pleadings due by 10/28/2011.) (Signed by Judge Deborah A. Batts on 10/13/2011) (tro) (Entered: 10/13/2011)
2011-10-14 12 0 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Deborah A. Batts is no longer assigned to the case. (sjo) (Entered: 10/14/2011)
2011-11-01 13 0 ORDER: By Order of the Court dated October 13,2011, plaintiff was directed to file by October 28,2011, an amended complaint that included the names of the police officers identified in the original complaint as Police Officer John Does 1-6. To date, an amended complaint has not been filed. Accordingly, IT IS HEREBY ORDERED that plaintiff submit by November 8, 2011, an affidavit showing good cause why this case should not be dismissed as to Police Officer John Does 1-6. Absent submission of such an affidavit, the Court will dismiss this case against these defendants without prejudice. (Signed by Judge Paul A. Engelmayer on 11/1/2011) (djc) (Entered: 11/01/2011)
2011-11-21 14 0 ORDER: On March 24, 2011, plaintiff filed a complaint in this action against The City of New York and Police Officer John Does 1-6. By Order of the Court dated October 13, 2011, plaintiff was directed to file by October 28, 2011, an amended complaint that included the names of the defendants identified in the original complaint as Police Officer John Does 1-6. Plaintiff failed to file an amended complaint by this deadline. On November 1, 2011, the Court ordered the plaintiff to submit an affidavit showing good cause why this case should not be dismissed as to Police Officer John Does 1-6, to be submitted no later than November 8, 2011. To date, no such affidavit has been submitted, nor has plaintiff communicated with the Court in any fashion. For the foregoing reasons, this case is hereby DISMISSED without prejudice against defendants Police Officer John Does 1-6. (Signed by Judge Paul A. Engelmayer on 11/21/2011) (lmb) (Entered: 11/21/2011)
2011-11-22 15 0 ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court, at the time and place listed below. The initial pretrial conference is hereby scheduled for January 6, 2012, at 10:00 a.m. in Courtroom 18C at the U.S. Courthouse, 500 Pearl Street, New York, New York 10007. (Signed by Judge Paul A. Engelmayer on 11/21/2011) (rdz) (Entered: 11/22/2011)
2012-01-12 16 0 ORDER: On 1/6/2012, the Court held a pretrial conference in this matter, at which counsel for both parties were present This Order memorializes the Court's determinations at that conference. Defendant's anticipated motion for judgment on the pleadings shall be filed no later than 2/3/2012, with plaintiffs opposition due no later than 3/2/2012, and defendant's reply, if any, due no later than 3/16/2012. Furthermore, discovery in this matter is stayed while the motion is sub judice. (Signed by Judge Paul A. Engelmayer on 1/11/2012) (ft) (Entered: 01/12/2012)
2012-01-31 17 0 MOTION for Judgment on the Pleadings. Document filed by The City of New York.(Zuckerman, Mark) (Entered: 01/31/2012)
2012-01-31 18 0 MEMORANDUM OF LAW in Support re: 17 MOTION for Judgment on the Pleadings.. Document filed by The City of New York. (Zuckerman, Mark) (Entered: 01/31/2012)
2012-03-09 19 0 OPINION AND ORDER: For the reasons that are set forth in this Order, defendant's motion for judgment on the pleadings is GRANTED, and this case is dismissed with prejudice. The Clerk of the Court is instructed to terminate the motion pending at docket entry number 17 and to close this case. (Signed by Judge Paul A. Engelmayer on 3/8/2012) (pl) (Entered: 03/09/2012) 2017-04-18 20:31:46 46e3682db87daeb011488f74be6f68cd729b79e6
2012-03-09 20 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated March 8, 2012, defendants motion for judgment on the pleadings is granted and the case is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/9/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 03/09/2012)