| Court: | nysd |
| Docket #: | 1:11-cv-03048 |
| Case Name: | Branch v. The City of New York et al |
| PACER case #: | 378730 |
| Date filed: | 2011-05-04 |
| Date terminated: | 2012-04-05 |
| Assigned to: | Judge John G. Koeltl |
| Referred to: | Magistrate Judge Michael H. Dolinger |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Vernon Branch Plaintiff |
James I. Meyerson |
| The City of New York Defendant a municipal entity |
Matthew Charles Weir |
| Jeremy Veit Defendant New York City Police Officer; Shield No. 18814 |
Matthew Charles Weir |
| Kosta Demetrakopoulos Defendant New York City Police Officer; Shield No. 23156 |
Matthew Charles Weir |
| New York City Police Officers John Does Defendant Individually |
|
| New York City Police Officers John Does Defendant in their official capacities |
|
| New York City Police Officers Sally Roes Defendant Individually |
|
| New York City Police Officers Sally Roes Defendant in their official capacites |
|
| Emmanuel Valerio Defendant New York City Police Officer; Shield # 20335 |
Matthew Charles Weir |
| Andrew Ventrella Defendant individually |
Matthew Charles Weir |
| Captain Andrew Ventrella Defendant official capacity |
Matthew Charles Weir |
| Osvaldo Nunez Defendant individually |
Matthew Charles Weir |
| Lieutenant Osvaldo Nunez Defendant official capacity |
Matthew Charles Weir |
| Deputy Inspector Joseph Dowling Defendant official capacity |
Matthew Charles Weir |
| Joseph Dowling Defendant individually |
Matthew Charles Weir |
| Timothy Conlon Defendant individually |
Matthew Charles Weir |
| Sergeant Timothy Conlon Defendant official capacity |
Matthew Charles Weir |
| New York County District Attorney's Office Interested Party New York County District Attorney's Office Special Litigation Bureau 1 Hogan Place New York, NY 10013 212-335-4038 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-05-04 | 1 | 0 | COMPLAINT against Kosta Demetrakopoulos, New York City Police Officers John Does(Individually), New York City Police Officers John Does(in their official capacities), New York City Police Officers Sally Roes(in their official capacites), New York City Police Officers Sally Roes(Individually), The City of New York, Jeremy Veit. (Filing Fee $ 350.00, Receipt Number 5832)Document filed by Vernon Branch.(ama) (Entered: 05/05/2011) | |||
| 2011-05-13 | 2 | 0 | AFFIDAVIT OF SERVICE. Jeremy Veit served on 5/6/2011, answer due 5/27/2011. Service was accepted by PAA Busby. Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 05/13/2011) | |||
| 2011-05-13 | 3 | 0 | AFFIDAVIT OF SERVICE. Kosta Demetrakopoulos served on 5/9/2011, answer due 5/31/2011. Service was accepted by Sergeant Freiberger. Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 05/13/2011) | |||
| 2011-05-27 | 4 | 0 | ENDORSED LETTER: addressed to Judge John G. Koeltl from Matthew Weir dated 5/25/2011 re: Defendant requests that its time to answer or otherwise respond to the complaint be extended sixty days, from May 27, 2011, to July 26, 2011. ENDORSEMENT: Time for all defendants to move or answer extended to 7/26/2011. So Ordered. (Signed by Judge John G. Koeltl on 5/26/2011) (js) (Entered: 05/27/2011) | |||
| 2011-06-01 | 5 | 0 | NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, August 1, 2011 in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Pretrial Conference set for 8/1/2011 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (lnl) (Entered: 06/01/2011) | |||
| 2011-07-26 | 6 | 0 | ANSWER to 1 Complaint, with JURY DEMAND. Document filed by The City of New York.(Weir, Matthew) (Entered: 07/26/2011) | |||
| 2011-08-02 | 7 | 0 | CIVIL SCHEDULING ORDER: Amended Pleadings due by 10/21/2011. Joinder of Parties due by 10/7/2011. Dispositive Motions due by 2/24/2012. Discovery due by 2/3/2012. Pretrial Order/Motions in Limine due by 3/16/2012. Ready for Trial by 4/6/2012, on 48 hours notice. 5 day jury trial. The parties will notify the Court by 10/7/11 whether a reference to the Magistrate Judge would be useful re settlement. (Signed by Judge John G. Koeltl on 8/1/11) (cd) (Entered: 08/02/2011) | |||
| 2011-08-15 | 8 | 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 Michael H. Dolinger. (Signed by Judge John G. Koeltl on 8/12/11) (pl) (Entered: 08/16/2011) | |||
| 2011-08-16 | 9 | 0 | ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Kosta Demetrakopoulos, Jeremy Veit.(Weir, Matthew) (Entered: 08/16/2011) | |||
| 2011-08-31 | 10 | 0 | ORDER: Status Conference set for 9/6/2011 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 8/31/2011) (laq) (Entered: 08/31/2011) | |||
| 2011-09-28 | 11 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Discovery. Document filed by Vernon Branch. Return Date set for 10/14/2011 at 10:00 AM. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Meyerson, James) Modified on 9/29/2011 (ldi). (Entered: 09/28/2011) | |||
| 2011-09-29 | 12 | 0 | MOTION for Discovery. Document filed by Vernon Branch. Return Date set for 10/14/2011 at 10:00 AM.(Meyerson, James) (Entered: 09/29/2011) | |||
| 2011-09-29 | 13 | 0 | DECLARATION of James I. Meyerson in Support re: 12 MOTION for Discovery.. Document filed by Vernon Branch. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Meyerson, James) (Entered: 09/29/2011) | |||
| 2011-10-06 | 14 | 0 | DECLARATION of Anne Schwartz in Opposition re: 12 MOTION for Discovery.. Document filed by New York County District Attorney's Office. (Attachments: # 1 Exhibit letter to Corp. Counsel, # 2 Exhibit rule 45 letter, # 3 Exhibit rule 45 letter #2, # 4 Exhibit state Grand jury motion response, # 5 Exhibit Justice Stephen decision)(Schwartz, Anne) (Entered: 10/06/2011) | |||
| 2011-10-06 | 15 | 0 | AFFIRMATION of Anne Schwartz in Opposition re: 12 MOTION for Discovery.. Document filed by New York County District Attorney's Office. (Schwartz, Anne) (Entered: 10/06/2011) | |||
| 2011-10-07 | 16 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIRMATION of James I. Meyerson in Support re: 12 MOTION for Discovery. Document filed by Vernon Branch. (Meyerson, James) Modified on 10/11/2011 (ldi). (Entered: 10/07/2011) | |||
| 2011-10-11 | 17 | 0 | REPLY AFFIRMATION of James I. Meyerson in Support re: 12 MOTION for Discovery.. Document filed by Vernon Branch. (Meyerson, James) (Entered: 10/11/2011) | |||
| 2011-10-12 | 18 | 0 | ORDER: Oral argument has been scheduled in the above-captioned action on MONDAY, OCTOBER 24, 2011 at 10:00 AM, at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Matters relating to discovery disputes will be discussed following oral argument. Any requests for adjournment of this scheduled oral argument and conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. (Signed by Magistrate Judge Michael H. Dolinger on 10/12/2011) Copies Sent By Chambers. (rdz) (Entered: 10/12/2011) | |||
| 2011-11-08 | 19 | 0 | ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from James I. Meyerson dated 11/8/2011 re: We jointly request that the November 15, 2011 date for adding parties and amending the Complaint be adjourned. ENDORSEMENT: The November 15, 2011 deadline to amend the pleadings is adjourned sine die. The parties are free to hold off on discovery for the next few weeks, but we decline to stay discovery. Counsel are to provide a status report by December 8, 2011. (Signed by Magistrate Judge Michael H. Dolinger on 11/8/2011) (rdz) (Entered: 11/08/2011) | |||
| 2011-12-09 | 20 | 0 | ORDER: Settlement Conference set for 12/14/2011 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. Additional relief as set forth in this Order. (Signed by Magistrate Judge Michael H. Dolinger on 12/9/2011) Copies Faxed By Chambers. (pl) Modified on 12/9/2011 (pl). (Entered: 12/09/2011) | |||
| 2011-12-15 | 21 | 0 | ORDER: It is hereby Ordered that a telephone conference has been scheduled in this action on Tuesday, 12/27/11 at 9:30 a.m., at which time the parties are directed to jointly call Chambers at (212) 805-0204 when all parties are on the line.( Telephone Conference set for 12/27/2011 at 09:30 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/14/2011) Copies Faxed By Chambers. (jfe) (Entered: 12/15/2011) | |||
| 2011-12-29 | 22 | 0 | ORDER: it is hereby ORDERED as follows: 1.Plaintiff is to move to amend the complaint no later than January 9, 2012. 2.Parties are to respond to all outstanding interrogatories and document requests by no later than February 8, 2012. 3. All fact discovery is to be completed by April 2, 2012. 4. Plaintiff is to designate experts and May provide necessary information by April 9, 2012. Defendants are to designate experts and provide necessary information by April 23, 2012. All expert discovery is to be completed by April 30, 2012. Parties are to submit a joint pre-trial order by May 21, 2012, unless a dispositive motion has been served by that date. (Signed by Copies Sent by Chambers Magistrate Judge Michael H. Dolinger on 12/27/2011) (js) (Entered: 12/30/2011) | |||
| 2012-01-09 | 23 | 0 | STIPULATION RE: FIRST AMENDED SUPPLEMENTAL COMPLAINT: The parties hereby Stipulate and agree that the plaintiff may file a first amended complaint including but not limited to the adding of New York City Police Officer Emmanuel Valerio, Captain Andrew Ventrella, Lieutenant Osvaldo Nunez, Deputy Inspector Joseph Dowling, and Sergeant Timothy Conlon as party Defendants (individually and in their official capacity) and allegations related to them and otherwise. In stipulating and agreeing to the amendment, the already appearing parties reserve all of their rights and objections and defenses and do not waiver any rights, objections, or defenses. Furthermore and to the extent that the amendment adds parties to the litigation, the parties agree that the rights and objections and defenses of any newly added parties are reserved and are not waived as further set forth in this Order. (Signed by Magistrate Judge Michael H. Dolinger on 1/9/2012) (jfe) (Entered: 01/09/2012) | |||
| 2012-01-09 | 24 | 0 | FIRST AMENDED/SUPPLEMENTAL COMPLAINT against Timothy Conlon(individually), Timothy Conlon(official capacity), Kosta Demetrakopoulos, Joseph Dowling(individually), Joseph Dowling(official capacity), New York City Police Officers John Does(in their official capacities), New York City Police Officers John Does(Individually), New York City Police Officers Sally Roes(in their official capacites), New York City Police Officers Sally Roes(Individually), Osvaldo Nunez(individually), Osvaldo Nunez(official capacity), The City of New York, Emmanuel Valerio, Jeremy Veit, Andrew Ventrella(individually), Andrew Ventrella(official capacity) with JURY DEMAND.Document filed by Vernon Branch.(ft) (Entered: 01/19/2012) | 2016-03-14 17:00:56 | 960eec08e7716fdbc17e5ae65737eadafdc70f54 | |
| 2012-01-21 | 25 | 0 | AFFIDAVIT OF SERVICE. Osvaldo Nunez(individually) served on 1/18/2012, answer due 2/8/2012. Service was accepted by Parick Kelleher (Co-Worker). Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 01/21/2012) | |||
| 2012-01-21 | 26 | 0 | AFFIDAVIT OF SERVICE. Timothy Conlon(individually) served on 1/18/2012, answer due 2/8/2012. Service was accepted by Janellete (Co-Worker). Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 01/21/2012) | |||
| 2012-01-21 | 27 | 0 | AFFIDAVIT OF SERVICE. Andrew Ventrella(individually) served on 1/17/2012, answer due 2/7/2012. Service was accepted by Police Officer Storall, Shield # 6916. Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 01/21/2012) | |||
| 2012-01-21 | 28 | 0 | AFFIDAVIT OF SERVICE. Emmanuel Valerio served on 1/13/2012, answer due 2/3/2012. Service was accepted by Polic Officer Emmanuel Valerio. Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 01/21/2012) | |||
| 2012-02-13 | 29 | 0 | AFFIDAVIT OF SERVICE. Joseph Dowling(individually) served on 1/24/2012, answer due 2/14/2012. Service was accepted by Sergeant Peralta (co-worker). Service was made by Mail. Document filed by Vernon Branch. (Meyerson, James) (Entered: 02/13/2012) | |||
| 2012-03-02 | 30 | 0 | ORDER: ( Status Conference set for 3/8/2012 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 3/1/2012) Copies Faxed By Chambers. (djc) (Entered: 03/02/2012) | |||
| 2012-03-16 | 31 | 0 | ANSWER to 24 Amended Complaint,, with JURY DEMAND. Document filed by Timothy Conlon(individually), Timothy Conlon(official capacity), Kosta Demetrakopoulos, Joseph Dowling(individually), Joseph Dowling(official capacity), Osvaldo Nunez(individually), Osvaldo Nunez(official capacity), The City of New York, Emmanuel Valerio, Jeremy Veit, Andrew Ventrella(individually), Andrew Ventrella(official capacity).(Weir, Matthew) (Entered: 03/16/2012) | |||
| 2012-03-19 | 32 | 0 | ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from James I. Meyerson dated 3/16/2012 re: Counsel requests additional time within which to submit the Seymour Affidavit in connection with the outstanding discovery matters that are the subject of your March 5, 2012 rulings. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 3/16/2012) (jfe) (Entered: 03/19/2012) | |||
| 2012-03-22 | 33 | 0 | TRANSCRIPT of Proceedings re: Conference held on 3/8/2012 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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 4/16/2012. Redacted Transcript Deadline set for 4/26/2012. Release of Transcript Restriction set for 6/25/2012.(McGuirk, Kelly) (Entered: 03/22/2012) | |||
| 2012-03-22 | 34 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/2012 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...(McGuirk, Kelly) (Entered: 03/22/2012) | |||
| 2012-03-25 | 35 | 0 | NOTICE of Acceptance with Offer of Judgment. Document filed by Vernon Branch. (Attachments: # 1 Exhibit Rule 68 Offer, # 2 Exhibit Cover Delivery Memo of Rule 68 Offer, # 3 Exhibit 03/22/12 Letter to Magistrate Judge Dolinger Informing him of the fact that Written Acceptance of Rule 68 had been conveyed to Defendants' attorney on March 21, 2012)(Meyerson, James) (Entered: 03/25/2012) | |||
| 2012-03-27 | 36 | 0 | ORDER: It is hereby ORDERED that a telephone conference has been scheduled in the above-captioned action on MONDAY, APRIL 2, 2012 at 9:30 A.M., at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Telephone Conference set for 4/2/2012 at 09:30 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 3/27/2012) Copies Faxed By Chambers. (djc) (Entered: 03/27/2012) | |||
| 2012-04-04 | 37 | 0 | NOTICE of Of Application for Fees related to Previously Accepted Rule 68 Offer. Document filed by Vernon Branch. (Attachments: # 1 Affidavit MeyersonDeclaration, # 2 Exhibit Time and Cost and Expense Sheets, # 3 Exhibit Meyerson Biographical Information, # 4 Exhibit Declaration of Myron Beldock, # 5 Exhibit Letter to Jack B. Weinstein:1991 in Gentile and Rydstrom v s City of New York from President of First Department Assigned Counsel Corp., # 6 Exhibit Order of Alvin Hellerstein in Long vs City of New York respecting reasonablness of sought after fees (hourly rate0, # 7 Exhibit Opinion and Order of Robert Patterson in Barbour vs City of New York (regarding rate, etc./fees))(Meyerson, James) (Entered: 04/04/2012) | |||
| 2012-04-05 | 38 | 0 | RULE 68 JUDGMENT #12,0555 in favor of Vernon Branch against New York City in the amount of $ 100,001.00. (Signed by Judge John G. Koeltl on 4/5/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 04/05/2012) | 2016-03-14 16:59:35 | 2c36b8f5677977edbb83bc1234853ed4bdfe9ddf | |
| 38 | 1 | NOTICE OF RIGHT TO APPEAL | ||||
| 2012-05-10 | 39 | 0 | STIPULATION OF SETTLEMENT OF ATTORNEY'S FEES AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, in incorporating the above clauses of this stipulation, that by and between the undersigned and the attorney of record for plaintiff, being representatives of the respective parties to the above-captioned action, as follows: Defendant City of New York shall pay to plaintiff's attorney, James Meyerson, Esq., the sum total of Two Hundred Twenty-Four Thousand ($224,000.00) in full satisfaction of plaintiff's claims for attorney's fees, expenses and costs in the above-referenced action. In consideration of the payment of TWO HUNDRED TWENTY-FOUR THOUSAND dollars ($224,000.00) by the City, counsel for Plaintiff does hereby release and discharge the defendants City, Officer Jeremy Veil, Officer Kosta Demetrakopoulos, Officer Emmanuel Valerio, Captain Andrew Ventrella, Lieutenant Osvaldo Nunez, Deputy Inspector Joseph Dowling, Sergeant Timothy Conlon; their successors or assigns; and all past and present officials, employees, representatives and agents of the City, or any agency thereof, from any and all claims of attorneys' fees, expenses and costs which were or could have been alleged in the aforementioned action. (Signed by Judge John G. Koeltl on 5/9/2012) (mro) (Entered: 05/10/2012) | 2016-03-15 02:26:25 | ea06b5fa7ef489dcef5e7973bc7c35279c181083 |