| Court: | nysd |
| Docket #: | 1:12-cv-01309 |
| Case Name: | Gonzalez v. Officer Smith |
| PACER case #: | 392423 |
| Date filed: | 2012-02-17 |
| Date terminated: | 2013-03-18 |
| Assigned to: | Judge William H. Pauley, III |
| Referred to: | Magistrate Judge Michael H. Dolinger (Settlement) |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Luis Gonzalez Plaintiff |
Luis Gonzalez |
| Corporation Counsel Movant |
Uriel Benjamin Abt |
| N. Smith Defendant Shield #3893 |
Uriel Benjamin Abt |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-02-17 | 1 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Luis Gonzalez.(mt) (Entered: 02/24/2012) | |||
| 2012-02-17 | 2 | 0 | COMPLAINT against Officer Smith. Document filed by Luis Gonzalez.(mt) (Entered: 02/24/2012) | |||
| 2012-02-28 | 3 | 0 | ORDER DIRECTING PAYMENT OF FEE OR PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit a Prisoner Authorization form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/29/2012. In Forma Pauperis (IFP) Application due by 3/29/2012. (Signed by Judge Loretta A. Preska on 2/28/2012) (Attachments: # 1 Supplement Prisoner Authorization Form)(rza) (Entered: 02/28/2012) | |||
| 2012-02-28 | 4 | 0 | Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 2/28/12. (mt) (Main Document 4 replaced on 2/28/2012) (mt). (Entered: 02/28/2012) | |||
| 2012-03-13 | 5 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Luis Gonzalez.(jfe) (Entered: 03/20/2012) | |||
| 2012-04-12 | 6 | 0 | ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 4/12/2012) (jfe) (Entered: 04/12/2012) | |||
| 2012-04-12 | 7 | 0 | NOTICE OF CASE ASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 04/12/2012) | |||
| 2012-04-24 | 9 | 0 | ORDER OF SERVICE: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Defendant N. Smith Shield #3893 waive service of a Summons. The Clerk of Court is further directed to amend the caption to add Officer Smith's first initial and shield number. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Waiver of Service due by 5/29/2012. (Signed by Judge William H. Pauley, III on 4/23/2012) (cd) (Entered: 04/24/2012) | |||
| 2012-04-30 | 10 | 0 | WAIVER OF SERVICE RETURNED EXECUTED. N. Smith waiver sent on 4/30/2012, answer due 6/29/2012. Document filed by N. Smith. (Pinnock, Nadene) (Entered: 04/30/2012) | |||
| 2012-05-01 | 11 | 0 | ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/20/2012 at 10:00 AM in Courtroom 11D at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/30/2012) Copies Mailed By Chambers. (mro) (Entered: 05/01/2012) | |||
| 2012-06-29 | 13 | 0 | ANSWER to 2 Complaint with JURY DEMAND. Document filed by N. Smith. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)(Abt, Uriel) (Entered: 06/29/2012) | |||
| 2012-08-03 | 14 | 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 Michael H. Dolinger. (Signed by Judge William H. Pauley, III on 8/03/2012) Copies Mailed By Chambers. (ama) (Entered: 08/03/2012) | |||
| 2012-08-03 | 15 | 0 | SCHEDULING ORDER: Counsel for all parties having appeared for a conference on July 20,2012, the following schedule is established on consent. Defendant shall produce the incident file relevant to this action by August 10, 2012; Defendant shall produce the balance of Plaintiff's inmate file by August 30, 2012; Discovery due by 11/30/2012. Pretrial Conference set for 1/11/2013 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 1/4/2013. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/03/2012) Copies Mailed By Chambers. (ama) (Entered: 08/03/2012) | |||
| 2012-09-04 | 16 | 0 | ORDER: that a settlement conference has been scheduled in the above-captioned act on FRIDAY, OCTOBER 5, 2012, at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Additional relief as set forth in this Order. (Signed by Magistrate Judge Michael H. Dolinger on 9/4/2012) Copies Sent By Chambers. (pl) (Entered: 09/05/2012) | |||
| 2012-10-04 | 17 | 0 | ORDER: In light of defense counsels letter dated October 3, 2012 1 it is hereby ORDERED that the settlement conference previously scheduled for Friday, October 5, 2012, at 2:00 P.M., in the above-captioned action, has been adjourned sine die. (Signed by Magistrate Judge Michael H. Dolinger on 10/3/2012) Copies Sent By Chambers. (ago) Modified on 10/9/2012 (ago). (Entered: 10/04/2012) | |||
| 2012-10-15 | 18 | 0 | ENDORSED LETTER: addressed to Judge William H. Pauley from Uriel B. Abt dated 10/05/2012 re: This office therefore intends to move to withdraw from this matter pursuant to Local Civil Rule 1.4 and, accordingly, respectfully requests a pre-motion conference. ENDORSEMENT: Application granted. The Pre-motion conference is scheduled for November 2, 2012 at 2:00 p.m. Document filed by N. Smith.(ama) (Main Document 18 replaced on 10/16/2012) (laq). Modified on 11/20/2012 (mt). (Entered: 10/15/2012) | |||
| 2012-11-27 | 19 | 0 | SCHEDULING ORDER: The pre-motion conference is rescheduled to December 7, 2012 at 2:00 p.m. in Courtroom 20B. Pre-Motion Conference set for 12/7/2012 at 02:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 11/26/2012) Copies Mailed By Chambers. (js) Modified on 12/3/2012 (js). (Entered: 11/27/2012) | |||
| 2012-12-11 | 20 | 0 | SCHEDULING ORDER: This Court having held a conference on December 10, 2012, the following schedule is established: Defense Counsel shall file and serve any motion to withdraw by December 21, 2012; Defense Counsel is directed to serve Plaintiff Gonzalez and Defendant Smith with copies of this order; Defendant Smith shall file and serve any opposition to the motion by January 18, 2013; Defense Counsel shall file and serve any reply by January 25, 2013; Defense Counsel and Defendant Smith are directed to appear for oral argument on February 1, 2013 at 11:00 a.m. in Courtroom 20B. Motions due by 12/21/2012. Responses due by 1/18/2013. Replies due by 1/25/2013. Oral Argument set for 2/1/2013 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 12/10/2012) Copies Mailed By Chambers. (ja) (Entered: 12/11/2012) | |||
| 2012-12-19 | 21 | 0 | ENDORSED LETTER addressed to Judge William H. Pauley, III from Uriel B. Abt dated 11/28/2012 re: This office respectfully requests that discovery be stayed in light of this office's anticipated motion to withdraw. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 12/18/2012) (rjm) (Entered: 12/19/2012) | |||
| 2012-12-21 | 22 | 0 | MOTION for Office of the Corporation Counsel of the City of New York to Withdraw as Attorney. Document filed by Corporation Counsel.(Abt, Uriel) (Entered: 12/21/2012) | |||
| 2012-12-21 | 23 | 0 | AFFIDAVIT of Uriel B. Abt in Support re: 22 MOTION for Office of the Corporation Counsel of the City of New York to Withdraw as Attorney.. Document filed by Corporation Counsel. (Abt, Uriel) (Entered: 12/21/2012) | |||
| 2012-12-21 | 24 | 0 | AFFIDAVIT OF SERVICE of Motion Papers served on Plaintiff Luis Gonzalez and Defendant Officer Smith on 12/21/12. Service was made by Mail. Document filed by Corporation Counsel. (Abt, Uriel) (Entered: 12/21/2012) | |||
| 2013-02-05 | 25 | 0 | ORDER granting 22 Motion to Withdraw as Attorney. For the reasons stated on the record on February 1,2013, Defense Counsel UrielB. Abt's motion to withdraw is granted. Defendant Officer N. Smith is directed to obtain new counsel, or advise this Court that he intends to proceed pro se, by March 1,2013. Former Defense Counsel Uriel B. Abt is directed to serve Plaintiff Gonzalez and Defendant Smith with copies of this Order. Plaintiff Gonzalez and Defendant Smith are directed to appear for a status conference on March 15, 2013 at 12:30 p.m.(Signed by Judge William H. Pauley, III on 2/4/2013) (ago) (Entered: 02/05/2013) | |||
| 2013-02-05 | 26 | 0 | AFFIDAVIT OF SERVICE of Feb. 4, 2013 Order, Docket Entry No. 25 served on Plaintiff Luis Gonzalez and Defendant Officer Smith on 2/5/13. Service was made by Mail. Document filed by Corporation Counsel. (Abt, Uriel) (Entered: 02/05/2013) | |||
| 2013-02-28 | 27 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/1/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Martha Drevis, (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 3/25/2013. Redacted Transcript Deadline set for 4/4/2013. Release of Transcript Restriction set for 6/3/2013.(Rodriguez, Somari) (Entered: 02/28/2013) | |||
| 2013-02-28 | 28 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/1/13 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...(Rodriguez, Somari) (Entered: 02/28/2013) | |||
| 2013-03-18 | 29 | 0 | ORDER. The plaintiff in the above action, having failed to comply with this Court's previous order to appear for a conference dated February 5, 2013, and the action being considered abandoned, this action is dismissed for failure to prosecute. The Clerk of the Court is directed to mark this case closed. (Signed by Judge William H. Pauley, III on 3/15/2013). Copies Mailed By Chambers. (rjm) (Entered: 03/18/2013) |