| Court: | nysd |
| Docket #: | 1:11-cv-04251 |
| Case Name: | Hernandez v. The City of New York et al |
| PACER case #: | 381029 |
| Date filed: | 2011-06-21 |
| Date terminated: | 2013-09-13 |
| Assigned to: | Judge Analisa Torres |
| Referred to: | Magistrate Judge Gabriel W. Gorenstein (Settlement) |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Edwin Hernandez Plaintiff |
Joanne Marie Dwyer |
| The City of New York Defendant |
Matthew Joseph Modafferi Deborah L. Mbabazi Morgan David Kunz |
| Correction Officer Sandy Arkhurst Defendant New York City, Shield No. 18507 |
Matthew Joseph Modafferi Deborah L. Mbabazi Morgan David Kunz |
| Correction Officer Eric Harris Defendant New York City, Shield No. 17399 |
Matthew Joseph Modafferi Deborah L. Mbabazi Morgan David Kunz |
| Correction Officer Scott Baxter Defendant New York City, Shield No. 17588 |
Matthew Joseph Modafferi Deborah L. Mbabazi Morgan David Kunz |
| Correction Officer Erinn Brown Defendant New York City, Shield No. 11285 |
Matthew Joseph Modafferi Deborah L. Mbabazi Morgan David Kunz |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-06-21 | 1 | 0 | COMPLAINT against Sandy Arkhurst, Scott Baxter, Brown, Eric Harris, The City of New York. (Filing Fee $ 350.00, Receipt Number 1009904)Document filed by Edwin Hernandez.(mbe) (ama). (Entered: 06/23/2011) | |||
| 2011-06-27 | 2 | 0 | ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/10/2011 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/24/2011) (jpo) (Entered: 06/27/2011) | |||
| 2011-08-22 | 3 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Joanne M. Dwyer dated 8/19/11 re: Counsel for the plaintiff writes to request that the conference scheduled for 8/10/11 be rescheduled to late October or November. ENDORSEMENT: The conference is adjourned to October 4, 2011 at 9:30 a.m. So ordered. ( Initial Conference set for 10/4/2011 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/22/2011) (mro) (Entered: 08/22/2011) | |||
| 2011-10-04 | 4 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Deborah L. Mbabazi dated 9/29/11 re: This office respectfully requests that defendant City's time to answer or otherwise respond to the complaint be extended until December 6, 2011 and that the initial conference be adjourned to a date and time after December 6, 2011. ENDORSEMENT: So ordered. The conference is adjourned to December 13, 2011 at 9:30 a.m. The City of New York answer due 12/6/2011. (Initial Conference set for 12/13/2011 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/4/11) (rjm) (Entered: 10/04/2011) | |||
| 2011-11-22 | 5 | 0 | NOTICE OF APPEARANCE by Deborah L. Mbabazi on behalf of The City of New York (Mbabazi, Deborah) (Entered: 11/22/2011) | |||
| 2011-12-02 | 6 | 0 | ENDORSED LETTER addressed to Judge George B Daniels from Deborah L Mbabazi dated 11/1/2011 re: Request that the answer deadline for defendant City of New York be extended until 1/6/2012 and that the initial conference be adjourned until after 1/6/2012. ENDORSEMENT: The conference is adjourned to 1/11/2012 at 9:30 am. The City of New York answer due 1/6/2012. Initial Conference reset for 1/11/2012 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 12/2/2011) (cd) (Entered: 12/02/2011) | |||
| 2012-01-04 | 7 | 0 | RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Edwin Hernandez, The City of New York.(Mbabazi, Deborah) (Entered: 01/04/2012) | |||
| 2012-01-06 | 8 | 0 | ANSWER to 1 Complaint with JURY DEMAND. Document filed by Sandy Arkhurst, Scott Baxter, Eric Harris, The City of New York.(Mbabazi, Deborah) (Entered: 01/06/2012) | |||
| 2012-01-10 | 9 | 0 | AFFIDAVIT OF SERVICE. Sandy Arkhurst served on 10/12/2011, answer due 11/2/2011. Service was accepted by C.O. Ortiz. Document filed by Edwin Hernandez. (Dwyer, Joanne) (Entered: 01/10/2012) | |||
| 2012-01-10 | 10 | 0 | AFFIDAVIT OF SERVICE. Eric Harris served on 10/12/2011, answer due 11/2/2011. Service was accepted by C.O. Ortiz. Service was made by Mail. Document filed by Edwin Hernandez. (Dwyer, Joanne) (Entered: 01/10/2012) | |||
| 2012-01-10 | 11 | 0 | AFFIDAVIT OF SERVICE. Scott Baxter served on 10/12/2011, answer due 11/2/2011. Service was accepted by C.O. Soto. Service was made by Mail. Document filed by Edwin Hernandez. (Dwyer, Joanne) (Entered: 01/10/2012) | |||
| 2012-01-10 | 12 | 0 | ACKNOWLEDGMENT OF SERVICE. The City of New York served on 9/15/2011, answer due 1/6/2012. Service was accepted by Dmitriy Aronov, Service Window Clerk. Document filed by Edwin Hernandez. (Dwyer, Joanne) (Entered: 01/10/2012) | |||
| 2012-01-12 | 13 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:No Additional parties may be joined after March 12, 2012. No amendment to the pleadings will be permitted after March 12, 2012. Except for good cause shown, all discovery shall be commenced in time to be completed by April 13, 2012. A final pretrial conference will be held on June 15, 2012 at 9:30 a.m. The Joint Pretrial Order shall be filed no later that June 22, 2012. The parties shall be ready for trial within 48 hours, notice on or after July 13, 2012. The Next Case Management Conference will be held on April 17, 2012 at 9:30 a.m. (Signed by Judge George B. Daniels on 1/12/2012) (mro) (Entered: 01/12/2012) | |||
| 2012-03-13 | 14 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Joanne M. Dwyer dated 3/9/2012 re: Counsel for the defendant requests that additional parties be allowed to be joined up until May 18, 2012 (from March 12, 2012), that all discovery be completed by July 13, 2012 (from April 13, 2012), with dispositive motions to be served by August 17, 2012, (from May 18, 2012), and the final pretrial conference to be held on September 14, 2012 (from June 15, 2012), the Joint Pretrial Order to be filed no later than September 2l, 2012 (from June 22, 2012) and that the parties be ready for trial within 48 hours notice on or after October 12, 2012 and that finally, the next case management conference be adjourned until July 18, 2012 (from April 17, 2012). ENDORSEMENT: The conference is scheduled for July 19, 2012 at 9:30 a.m. (Case Management Conference set for 7/19/2012 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/13/2012) (ft) (Entered: 03/13/2012) | |||
| 2012-05-18 | 15 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Joanne M. Dwyer dated 5/17/2012 re: counsel for Plaintiff writes to the Court with the consent of counsel for defendant City of New York and other the individual defendants to request an extension of the time for plaintiff to learn and defendant City to disclose the identity of the officer sued as New York City Correction Officer F/N/U Brown. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 5/18/2012) (pl) Modified on 5/18/2012 (pl). (Entered: 05/18/2012) | |||
| 2012-06-29 | 16 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Deborah L. Mbabazi dated 6/28/2012 re: Defendants write to respectfully request Your Honor (1) endorse an Order permitting defendants to take plaintiff's deposition on July 18, 2012 in person at Sing Sing Correctional Facility; (2) grant an enlargement of time to complete discovery, including the plaintiff's deposition, and (3) grant adjournments of the next Case Management Conference currently scheduled for July 19, 2012, and the Final Pre-Trial Conference currently scheduled for September 14, 2012. ENDORSEMENT: The conference is adjourned to August 29, 2012 at 9:30 a.m., ( Discovery due by 8/24/2012.), ( Case Management Conference set for 8/29/2012 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/29/2012) (lmb) (Entered: 06/29/2012) | |||
| 2012-06-29 | 17 | 0 | ORDER: IT IS HEREBY ORDERED UPON THE CONSENT OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES: (1) that the Superintendent or other official in charge of Franklin Correctional Facility transport and produce inmate Edwin Hernandez, 10-A4004, from Franklin Correctional Facility, located in Malone, New York, to the Sing Sing Correctional Facility, located in Ossining, New York, for the taking of his deposition on July 18, 2012 at 11:00 a.m., and for so long thereafter, from day to day, as the deposition continues; (2) that inmate Edwin Hernandez appear in such place as designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so that his deposition may be taken; and (3) that also present at the deposition will be Deborah L. Mbabazi and Matthew J. Modafferi, attorneys for defendants, and a court reporter to be designated by defendants. (Signed by Judge George B. Daniels on 6/29/2012) (lmb) (Entered: 06/29/2012) | |||
| 2012-07-25 | 18 | 0 | ORDER: 8/29/2012 Case Management Conference reset for 9/5/2012 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/25/2012) (cd) (Entered: 07/25/2012) | |||
| 2012-08-06 | 19 | 0 | STIPULATION AND PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge George B. Daniels on 8/06/2012) (ama) (Entered: 08/06/2012) | |||
| 2012-08-15 | 20 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Joanne M. Dwyer dated 8/14/2012 re: Plaintiff respectfully requests that your Honor (1) grant plaintiff's request for an enlargement of time to complete discovery from August 24, 2012 to September 24, 2012 and (2) grant corresponding adjournments of the next Case Management Conference currently scheduled for September 5, 2012 to October 5, 2012 and the Final Pre-Trial Conference currently scheduled for September 14, 2012 to a date and time convenient to the Court. ENDORSEMENT: SO ORDERED. The conference is adjourned to October 10, 2012 at 9:30 a.m. (Discovery due by 9/24/2012, Case Management Conference set for 10/10/2012 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/15/2012) (djc) (Entered: 08/15/2012) | |||
| 2012-08-10 | 21 | 0 | AMENDED COMPLAINT amending 1 Complaint against Sandy Arkhurst, Scott Baxter, Erinn Brown, Eric Harris, The City of New York with JURY DEMAND.Document filed by Edwin Hernandez. Related document: 1 Complaint filed by Edwin Hernandez.(lmb) (Entered: 08/16/2012) | |||
| 2012-08-20 | 22 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Deborah L. Mbabazi dated 8/20/2012 re: Counsel requests a settlement conference with Magistrate Judge Gabriel W. Gorenstein in this matter. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/20/2012) (ft) (Entered: 08/20/2012) | |||
| 2012-08-20 | 23 | 0 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge George B. Daniels on 8/20/2012) (ft) (Entered: 08/20/2012) | |||
| 2012-08-23 | 24 | 0 | ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for August 31, 2012 at 11:00 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. The Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein" is enclosed and is incorporated herein by reference. Please read the Standing Order carefully. ( Settlement Conference set for 8/31/2012 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/22/2012) (mro) (Entered: 08/23/2012) | |||
| 2012-08-27 | 25 | 0 | ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joanne M. Dwyer dated 8/24/2012 re: I am writing to the Court to request an adjournment of the Settlement Conference currently scheduled for August 31, 2012 at 11:00 a.m. ENDORSEMENT: In the Court's experience, it is pointless to hold a settlement discussions if one side believes additional information obtainable in discovery will make the conference more fruitful. Accordingly, the settlement conference is adjourned sine die. The plaintiff shall inform the Court by letter as soon as he is prepared to participate in a conference and the Court will then schedule the conference promptly thereafter. This Order has no affect on the existing discovery schedule, which shall be adhered to unless it is altered by Judge Daniels. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/27/2012) (ama) (Entered: 08/27/2012) | |||
| 2012-08-27 | 26 | 0 | ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Deborah L. Mbabazi dated 8/27/2012 re: Defendants respectfully request that the settlement conference proceed as scheduled on August 31, 2012 at 11 :00 a.m. ENDORSEMENT: The Court has reconsidered the request contained in plaintiffs August 24 letter de novo. Having done so, the Court adheres to its decision of earlier today for the same reasons as stated in the Memorandum Endorsement (Docket# 25). (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/27/2012) (ama) (Entered: 08/27/2012) | |||
| 2012-08-30 | 27 | 0 | STIPULATION AND PROTECTIVE ORDER CONCERNING INSPECTION OF GEORGE R. VIERNO CENTER AND ROBERT N. DAVOREN CENTER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge George B. Daniels on 8/30/2012) (jfe) (Entered: 08/30/2012) | |||
| 2012-08-31 | 28 | 0 | ANSWER to 21 Amended Complaint with JURY DEMAND. Document filed by Sandy Arkhurst, Scott Baxter, Eric Harris, The City of New York.(Mbabazi, Deborah) (Entered: 08/31/2012) | |||
| 2012-09-24 | 29 | 0 | ENDORSED LETTER: addressed to Judge George B. Daniels from Joanne M. Dwyer dated 9/14/2012 re: Plaintiffs request that Your Honor (1) grant plaintiff's request for an enlargement of time to complete discovery from 9/24/2012 to 10/24/2012 and (2) grant corresponding adjournments of the next Case management Conference currently scheduled for 10/10/2012 to November 9, 2012 and the Final Pre-Trial Conference which is not currently scheduled to be scheduled for a date and time convenient to the Court.. ENDORSEMENT: The conference is scheduled for November 8, 2012 at 9:30 a.m. (Signed by Judge George B. Daniels on 9/21/2012) (js) (Entered: 09/24/2012) | |||
| 2012-10-04 | 30 | 0 | AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Erinn Brown served on 9/12/2012, answer due 10/3/2012. Service was accepted by "John Smith," (refused true name) Authorized to Accept Service. Service was made by Mail. Document filed by Edwin Hernandez. (Dwyer, Joanne) (Entered: 10/04/2012) | |||
| 2012-10-22 | 31 | 0 | ANSWER to 21 Amended Complaint with JURY DEMAND. Document filed by Erinn Brown.(Mbabazi, Deborah) (Entered: 10/22/2012) | |||
| 2012-11-05 | 32 | 0 | ORDER: Plaintiff Edwin Hernandez's unopposed motion for an extension of the discovery schedule from October 24, 2012 to December 8, 2012 is GRANTED. The parties shall complete depositions of Officers Arkhurst, Brown, and Baxter by November 16, 2012.Defendants shall produce the full use of force packet, investigatory file, and the transcript and audiotape of Officer Harris's January 11,2010 trial before the Administrative Judge of the Office of Administrative Trials and Hearings, as requested by Plaintiff, on or before November 19, 2012 and at least seven days before the scheduled deposition of Officer Harris. Defendants' motion to stay Monell discovery IS GRANTED. The parties shall appear in court as scheduled on November 8, 2012 at 9:30a.m. ( Deposition due by 11/16/2012., Discovery due by 12/8/2012.) (Signed by Judge George B. Daniels on 11/5/2012) (ago) (Entered: 11/05/2012) | |||
| 2012-11-13 | 33 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Deborah L. Mbabazi dated 11/7/2012 re: Counsel for defendants writes to request a thirty-day extension from November 16, 2012 to conduct depositions; a three week extension from November 19, 2012 to produce certain items of discovery regarding Office Harris; a three week extension of the December 8, 2012 discovery end date and an adjournment of the status conference scheduled for December 8, 2012. ENDORSEMENT: The conference is adjourned to January 16, 2013 at 9:30 a.m. So Ordered., ( Discovery due by 12/8/2012.), ( Status Conference set for 1/16/2013 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/8/2012) (ago) (Entered: 11/13/2012) | |||
| 2012-12-06 | 34 | 0 | ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for January 7, 2013 at 10:00 a.m. in Courtroom 17A, United States Courthouse, 500 Pearl Street, New York, New York 10007. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and all other parties no later than 12:00 noon three business days before the conference: that is, January 2, 2013. These ( Settlement Conference set for 1/7/2013 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/6/2012) (js) (Entered: 12/06/2012) | |||
| 2012-12-17 | 35 | 0 | ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joanne M. Dwyer dated 12/14/2012 re: Counsel requests an adjournment of the Settlement Conference currently scheduled for January 7, 2013 at 10:00 a.m. to January 30, 2013 and for submissions to be completed on January 23, 2013 rather than January 2, 2013. ENDORSEMENT: Settlement conference adjourned to January 30, 2013 at 3:30 p.m. This adjournment has no effect on any other deadlines in this case. In the future, please do not ask for an adjournment without complying with the procedures contained in the Court's Order establishing the settlement conference, Letters are due January 25, 2013 at 12:00 noon. (Settlement Conference set for 1/30/2013 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/14/2012) (ft) (Entered: 12/17/2012) | |||
| 2012-12-17 | 36 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Joanne M. Dwyer dated 12/14/2012 re: Plaintiff plans to request a 30 days extension of the settlement conference with Magistrate Judge Gorenstein to January 30, 2013 for the conference and January 23, 2013 for submissions. ENDORSEMENT: SO ORDERED., ( Settlement Conference set for 1/30/2013 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein., Status Conference set for 1/23/2013 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/17/2012) (ama) (Entered: 12/17/2012) | |||
| 2013-01-02 | 37 | 0 | ENDORSED LETTER addressed to Magistate Judge Gabriel W. Gorenstein from Deborah L. Mbabazi dated 1/2/2013 re: counsel for Defendants requests a change in the settlement conference time in this matter from 3:30 p.m. to 2 p.m. ENDORSEMENT: Granted. Letters due on 1/25/2013 at 12 noon. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/2/2013) (pl) (Entered: 01/02/2013) | |||
| 2013-01-24 | 38 | 0 | ORDER: IT IS HEREBY ORDERED, that the Warden or other official in charge of the Franklin Correctional Facility produce inmate Edwin Hernandez, DIN 10-A-4004 at 2:00 p.m. on Wednesday, January 30, 2013, at a suitable location within the facility equipped with a telephone, for the purpose of participating by telephone in a conference with the Court and counsel in the above-referenced matter. Plaintiff shall call the Court at (212) 805-4266 at that date and time. If this time and date presents an inconvenience, the Warden or the Warden's designee should promptly inform Chambers by calling (212) 805-4260. In addition, counsel for plaintiff, Joanne M. Dwyer, shall (1) transmit this Order to the Warden forthwith; and (2) contact the facility forthwith to determine a number at which the plaintiff will be reachable at the above time and date in the event the Court needs to call the plaintiff. ( Telephone Conference set for 1/30/2013 at 02:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/24/2013) (djc) Modified on 1/24/2013 (djc). (Entered: 01/24/2013) | |||
| 2013-02-05 | 39 | 0 | NOTICE OF APPEARANCE by Matthew Joseph Modafferi on behalf of Sandy Arkhurst, Scott Baxter, Erinn Brown, Eric Harris, The City of New York (Modafferi, Matthew) (Entered: 02/05/2013) | |||
| 2013-02-27 | 40 | 0 | ENDORSED LETTER addressed to Judge George B. Daniels from Deborah L. Mbabazi dated 1/16/2013 re: City defendants write requesting a change in the date of the pretrial conference currently scheduled for January 16, 2012 at 9:30 a.m. ENDORSEMENT: The conference is adjourned to March 5, 2013 at 9:30 a.m. (Pretrial Conference set for 3/5/2013 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/27/2013) (ft) Modified on 2/28/2013 (ft). (Entered: 02/27/2013) | |||
| 2013-05-28 | 41 | 0 | NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge George B. Daniels is no longer assigned to the case. (pgu) (Entered: 05/31/2013) | |||
| 2013-06-07 | 42 | 0 | SCHEDULING ORDER: The Joint Pretrial Order must be filed by June 24, 2013. The parties shall also deliver to the Court by June 24, 2013, in accordance with Paragraph V(C) (v) of the Court's Individual Practices, one copy of each documentary exhibit sought to be admitted, pre-marked (i.e., labeled withexhibit stickers) and assembled sequentially in a loose leaf binder or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference. Notwithstanding the Court's Individual Rules relating to motions in limine, motions in limine are to be served byJuly 15, 2013, and any opposition shall be served by July 29, 2013. The final pretrial conference is scheduled for September 3, 2013, at 11:00 a.m. before Judge Analisa Torres in the United States Courthouse, Courtroom 15D, 500 Pearl Street. Prior to the Final Pretrial Conference, counsel for both parties shall meet in person for at least one hour to discuss settlement of this matter. This matter is scheduled for trial beginning 9:00 a.m. on September 9, 2013. (Signed by Judge Analisa Torres on 6/6/2013) (rsh) (Entered: 06/07/2013) | |||
| 2013-06-12 | 43 | 0 | ORDER: The status conference scheduled for July 2, 2013, at 9:30 a.m., is adjourned to July 3, 2013, at 11:00 a.m. before Judge Analisa Torres. Counsel for all parties are directed to appear in Courtroom 15D of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Judge Analisa Torres on 6/11/2013) (rsh) (Entered: 06/12/2013) | |||
| 2013-06-24 | 44 | 0 | NOTICE OF APPEARANCE by Morgan David Kunz on behalf of Sandy Arkhurst, Scott Baxter, Erinn Brown, Eric Harris, The City of New York. (Kunz, Morgan) (Entered: 06/24/2013) | |||
| 2013-06-25 | 45 | 0 | ENDORSED LETTER addressed to Judge Analisa Torres from Matthew J. Modafferi dated 6/24/2013 re: Counsel for defendants write on behalf of all parties, to respectfully request a brief enlargement of time from June 24, 2013 until June 28, 2013 to file the joint pretrial order with pre-marked exhibit binders. ENDORSEMENT: Extension granted. SO ORDERED. (Signed by Judge Analisa Torres on 6/24/2013) (rsh) (Entered: 06/25/2013) | |||
| 2013-07-08 | 46 | 0 | ORDER: Motions in limine are now due on August 5, 2013, by 12:00 p.m. Opposition to the motions are now due on August 16, 2013, by 12:00 p.m. SO ORDERED. (Motions due by 8/5/2013., Responses due by 8/16/2013) (Signed by Judge Analisa Torres on 7/3/2013) (rsh) (Entered: 07/08/2013) | |||
| 2013-08-05 | 47 | 0 | MOTION in Limine. Document filed by Sandy Arkhurst, Scott Baxter, Erinn Brown, Eric Harris, The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Modafferi, Matthew) (Entered: 08/05/2013) | |||
| 2013-08-05 | 48 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine. Document filed by Edwin Hernandez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dwyer, Joanne) Modified on 8/6/2013 (db). (Entered: 08/05/2013) | |||
| 2013-08-06 | 49 | 0 | MOTION in Limine. Document filed by Edwin Hernandez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dwyer, Joanne) (Entered: 08/06/2013) | |||
| 2013-08-15 | 50 | 0 | ENDORSED LETTER addressed to Judge Analisa Torres from Joanne M. Dwyer dated 8/15/2013 re: I represent the plaintiff Edwin Hernandez and am writing to the Court with the consent of counsel for the defendants to request a brief extension of time to file plaintiff's opposition to defendants' Motion in Limine. Plaintiff requests a brief extension of two business days, from the current due date of August 16, 2013 until August 20, 2013. ENDORSEMENT: The parties shall submit their opposition by close of business, Monday, August 19, 2013. (Responses due by 8/19/2013) (Signed by Judge Analisa Torres on 8/15/2013) (rsh) (Entered: 08/16/2013) | |||
| 2013-08-16 | 51 | 0 | MEMORANDUM OF LAW in Opposition re: 49 MOTION in Limine.. Document filed by Sandy Arkhurst, Scott Baxter, Erinn Brown, Eric Harris, The City of New York. (Kunz, Morgan) (Entered: 08/16/2013) | |||
| 2013-08-21 | 53 | 0 | ORDER: By letter dated August 20, 2013, Plaintiff requests that the Court remove his opposition to the Defendants' motion in limine, ECF No. 52, from the Electronic Case Filing system because the opposition discloses information obtained under a confidentiality order and refers to his mental health. Plaintiff also requests that he be allowed to refile a redacted version of that opposition. This cannot be done. Therefore, by 5 p.m., August 22, 2013, Plaintiff shall e-mail to the Court either: (1) substitute opposition papers to Defendants' motion in limine which do not include any information that Plaintiff does not made public, whereupon the Court will file that opposition and have ECF No. 52 deleted, or (2) a letter providing enough information such that the Court can make "specific, on-the-record findings that sealing is necessary to preserve higher values and only if the sealing order is narrowly tailored to achieve that aim," e.g., by redaction. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). The Court notes that it is unlikely that it will be able to make such findings if Plaintiff seeks to redact information already disclosed in documents in this case, such as Defendants' motion in limine. (Signed by Judge Analisa Torres on 8/21/2013) (rsh) (Entered: 08/21/2013) | |||
| 2013-08-28 | 55 | 0 | ORDER. The Clerk of Court is ordered to (1) delete the document at ECF No. 52 and indicate that the document has been deleted and (2) file the attached motion as Plaintiff's "MEMORANDUM OF LAW in Opposition re: 47 MOTION in limine." The Court shall not consider the document previously filed at ECF No. 52. Additionally, Defendants filed a reply memorandum in support of its motion in limine. See ECF No. 54, Aug. 23, 2013. The motion schedule so ordered by the Court did not contemplate reply memoranda, see Order, ECF No. 46, July 8, 2013, and Defendants did not request permission to file such a memorandum. The Clerk of Court is ordered to delete the document at ECF No. 54 and indicate that it has been deleted. (Signed by Judge Analisa Torres on 8/28/2013) (rjm) (Entered: 08/29/2013) | |||
| 2013-08-28 | 56 | 0 | LETTER addressed to Judge AnalisaTorres from Joanne M. Dwyer dated 8/23/2013 re: I am writing pursuant to this Court's Order dated August 21, 2013 regarding Plaintiff's request that the Court remove his opposition to the Defendant's Motion in Limine, ECF No. 52, from the Electronic Case Filing system. Plaintiff apologizes for the delay in providing this letter to the Court. Plaintiff's attorney worked double shifts of arraignments and did not meet the August 22, 2013 response date. (rjm) (Entered: 08/29/2013) | |||
| 2013-08-28 | 57 | 0 | PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION IN LIMINE re: 47 MOTION in Limine. Document filed by Edwin Hernandez. (rjm) (Entered: 08/29/2013) | |||
| 2013-08-29 | 58 | 0 | ENDORSED LETTER addressed to Judge Analisa Torres from Morgan D. Kunz and Matthew J. Modafferi dated 8/29/2013 re: We are attorneys in the Office of Michael A. Cardozo, Corporation Counsel of the City of New York, representing the defendants in the above-referenced matter. We write to respectfully request that the Court reconsider its decision not to consider defendants' reply to Plaintiffs motion in limine opposition. We apologize for not seeking the Court's permission in advance. However, the reply is brief and consists of two arguments regarding the most important evidentiary issues. ENDORSEMENT: The application is DENIED. (Signed by Judge Analisa Torres on 8/29/2013) (rsh) (Entered: 08/29/2013) | |||
| 2013-09-13 | 59 | 0 | Jury Instructions.(rsh) (Entered: 09/13/2013) | |||
| 2013-09-13 | 60 | 0 | JUDGMENT: That the Complaint be and it is hereby dismissed. (Signed by Judge Analisa Torres on 9/13/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/16/2013) | |||
| 2013-10-31 | 61 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 9/3/2013 before Judge Analisa Torres. Court Reporter/Transcriber: Steven Griffing, (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 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/1/2014.(McGuirk, Kelly) (Entered: 10/31/2013) | |||
| 2013-10-31 | 62 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/3/13 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: 10/31/2013) | |||
| 2013-10-29 | 63 | 0 | BILL OF COSTS docketed as Judgment #13,2034 on 10/29/2013 in favor of Defendants against Plaintiff for the sum of $1,158.60.(tro) (Entered: 11/01/2013) |