| Court: | nysd |
| Docket #: | 1:12-cv-06409 |
| Case Name: | Gomez v. New York City Police Department et al |
| PACER case #: | 401142 |
| Date filed: | 2012-08-21 |
| Date terminated: | 2014-08-15 |
| Date of last filing: | 2013-07-15 |
| Assigned to: | Judge Richard J. Sullivan |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Manuel Gomez Plaintiff |
John Andrew Scola , Jr Trevor A. Reid |
| New York City Police Department Defendant TERMINATED: 09/06/2012 |
|
| City of New York Defendant |
Adam Edward Collyer Alison Gainfort Moe Ricardo Tapia , Jr |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-08-21 | 1 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Manuel Gomez.(jfe) (Entered: 08/31/2012) | |||
| 2012-08-21 | 2 | 0 | COMPLAINT against City of New York, New York City Police Department. Document filed by Manuel Gomez.(jfe) (Entered: 08/31/2012) | 2013-07-23 15:27:23 | 09ae1e95109158d2fef78cf500f64b0e70627232 | |
| 2012-09-04 | 3 | 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 9/4/2012) (rjm) (Entered: 09/05/2012) | |||
| 2012-09-05 | 4 | 0 | NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 09/05/2012) | |||
| 2012-09-06 | 6 | 0 | ORDER OF SERVICE: the Court dismisses Plaintiffs claims against the New York City Police Department. Further, the Clerk of Court is directed to issue a Summons as to Defendant City of New York, and Plaintiff is directed to serve the Summons and Complaint on the City of New York within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and Plaintiff has not requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. 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). (Signed by Judge Richard J. Sullivan on 9/6/2012) Copies Mailed By Chambers. (pl) Modified on 9/6/2012 (pl). (Entered: 09/06/2012) | |||
| 2012-12-12 | 7 | 0 | ORDER: IT IS HEREBY ORDERED that, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, this case will be dismissed, without prejudice, for failure to prosecute if the Court RECEIVES no further explanation for her lack of prosecution by December 28, 2012. Plaintiff must show good cause for the failure to serve the Summons and Complaint within 120 days of the commencement of this action, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/12/2012) Copies Sent By Chambers. (djc) (Entered: 12/12/2012) | |||
| 2012-12-28 | 9 | 0 | NOTICE OF MOTION FOR EXTENSION OF TIME TO SERVE. Document filed by Manuel Gomez. (rjm) (Entered: 01/02/2013) | |||
| 2013-01-03 | 11 | 0 | ORDER: that the time for plaintiff to serve Defendant is extended until January 18, 2013. ( Service due by 1/18/2013.) (Signed by Judge Richard J. Sullivan on 1/3/2013) Copies Sent By Chambers. (pl) (Entered: 01/03/2013) | |||
| 2013-01-22 | 12 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Morgan D. Kunz dated 1/16/2013 re: Request that the Court extend the time for the City to respond to the complaint for sixty days, from January 18, 2013, until March 16, 2013. ENDORSEMENT: So ordered. City of New York answer due 3/16/2013. (Signed by Judge Richard J. Sullivan on 1/22/2013) (cd) (Entered: 01/22/2013) | |||
| 2013-02-05 | 13 | 0 | NOTICE OF APPEARANCE by Trevor A. Reid on behalf of Manuel Gomez (Reid, Trevor) (Entered: 02/05/2013) | |||
| 2013-02-28 | 14 | 0 | ORDER: This case has been assigned to my docket and shall be conducted in accordance with the Southern District of New York's "Plan For Certain § 1983 Cases Against the City of New York" (the "Plan"). The parties are HEREBY ORDERED to appear for a Status Conference set for 3/29/2013 at 04:30 PM in Courtroom 905, 40 Foley Square, New York, NY 10007 before Judge Richard J. Sullivan.By Friday, 3/15/2013, at 4:00 p.m., the parties shall jointly submit a letter, not to exceed five pages, providing the information as further set forth in this Order. By Friday, 3/15/2013, at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. Plaintiff is ordered to serve Defendant with a copy of this Order and file a certificate of service on ECF indicating that this service was effectuate. Defendant shall thereafter file a notice of appearance through ECF. (Signed by Judge Richard J. Sullivan on 2/28/2013) (tro) (Entered: 02/28/2013) | |||
| 2013-03-15 | 15 | 0 | NOTICE OF APPEARANCE by Alison Gainfort Moe on behalf of City of New York (Moe, Alison) (Entered: 03/15/2013) | |||
| 2013-03-15 | 16 | 0 | AMENDED COMPLAINT amending 2 Complaint against City of New York with JURY DEMAND.Document filed by Manuel Gomez. Related document: 2 Complaint filed by Manuel Gomez.(mro) (Entered: 03/22/2013) | |||
| 2013-03-22 | 17 | 0 | ORDER: Because of a conflict on the Court's calendar, IT IS HEREBY ORDERED THAT the initial conference currently scheduled for Friday, March 29, 2013 is adjourned to Friday, April 12, 2013 at 11 :00 a.m. in Courtroom 905, 40 Foley Square, New York, New York. SO ORDERED.( Status Conference set for 4/12/2013 at 11:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/22/2013) (ama) (Entered: 03/25/2013) | |||
| 2013-04-11 | 18 | 0 | STIPULATION AND ORDER OF DISMISSAL: Plaintiff agrees to dismiss, with prejudice, pursuant to Fed. R Civ. P. 41(a)(1)(A)(ii), all claims of false arrest, malicious prosecution, excessive force, abuse of process, denial of a fair trial, denial of medical treatment, and any other claim related to plaintiff's arrest on August 27, 2009 and subsequent detention and prosecution, raised in this matter against all defendants, whether served or not, and against all individuals who could have been named in regard to those claims, including: the City of New York, the New York City Police Department, and any present or former employees and agents of the City of New York or any entity represented by the Office of the Corporation Counsel; And as set forth herein. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/11/2013) (ama) (Entered: 04/12/2013) | |||
| 2013-04-17 | 19 | 0 | NOTICE OF APPEARANCE pro se. by Manuel Gomez (sc) (Entered: 04/17/2013) | |||
| 2013-04-17 | 20 | 0 | NOTICE OF MOTION FOR RECONSIDERATION & WITHDRAWL OF ATTORNEY; re: 18 Stipulation and Order of Dismissal. Document filed by Manuel Gomez.(sc) (Entered: 04/17/2013) | |||
| 2013-04-18 | 22 | 0 | NOTICE OF APPEARANCE by Adam Edward Collyer on behalf of City of New York (Collyer, Adam) (Entered: 04/18/2013) | |||
| 2013-04-23 | 23 | 0 | NOTICE OF APPEARANCE by John Andrew Scola, Jr on behalf of Manuel Gomez (Scola, John) (Entered: 04/23/2013) | |||
| 2013-05-06 | 24 | 0 | ORDER denying 20 Motion for Reconsideration. Plaintiff's motion is DENIED, and the Clerk of Court is respectfully requested to terminate the motion pending at Doc. No. 20. However, as stated at the April 12, 2013 conference, Plaintiff remains free to amend his Complaint no later than May 13, 2013 to state any claims not affected by the Stipulation. (Signed by Judge Richard J. Sullivan on 5/3/2013) (mro) (Entered: 05/07/2013) | |||
| 2013-05-13 | 25 | 0 | ORDER: The Court is in receipt of a letter from attorney Trevor Reid, dated May 13, 2013, requesting a two-week adjournment of the deadline to submit an amended complaint in this action. However, in an April 16, 2013 letter to the Court, Plaintiff stated his intent to fire Mr. Reid. In addition, Plaintiff has retained new counsel, John Andrew Scola, Jr., who has filed a notice of appearance in this action. Accordingly, IT IS HEREBY ORDERED THAT Mr. Reid clarify whether and why he is still authorized to act on Plaintiff's behalf. (Signed by Judge Richard J. Sullivan on 5/13/2013) (mro) (Entered: 05/14/2013) | |||
| 2013-05-13 | 26 | 0 | SECOND AMENDED COMPLAINT amending 16 Amended Complaint against City of New York with JURY DEMAND.Document filed by Manuel Gomez. Related document: 16 Amended Complaint filed by Manuel Gomez.(ft) (sdi). (Entered: 05/15/2013) | |||
| 2013-05-29 | 27 | 0 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Substitution of Attorney. Old Attorney: Trevor Reid, New Attorney: John Scola, Address: Law Office of John A. Scola, PLLC, 120 MacDougal Street, #21, New York, New York, USA 10012, 2125370598. Document filed by Manuel Gomez. (Scola, John) Modified on 5/29/2013 (db). (Entered: 05/29/2013) | |||
| 2013-05-30 | 28 | 0 | CONSENT TO CHANGE ATTORNEY: IT IS HEREBY CONSENTED that the LAW OFFICE OF JOHN A. SCOLA, PLLC of 120 MacDougal Street #21, New York, New York 10012, be substituted as attorney of record for the undersigned party in the above-entitled action in place and stead of the undersigned attorney as of the date hereof. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/30/2013) (ama) (Entered: 05/31/2013) | |||
| 2013-07-12 | 29 | 0 | ORDER: The Court is in receipt of the parties' letters, dated July 1, 5, and 11, 2013, discussing Defendants' request for leave to file a motion to dismiss. Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for a pre-motion conference on on Friday, July 26, 2013, at 3:30p.m. in Courtroom 905 of the United States District Court for the Southern District of New York, 40 Foley Square, New York, New York. ( Pre-Motion Conference set for 7/26/2013 at 03:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/12/2013) (mro) (Entered: 07/15/2013) | |||
| 2013-07-15 | 30 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Adam E. Collyer dated 7/15/2013 re: I am an Assistant Corporation Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, attorney for the defendant in the above-referenced action. I write now to respectfully request a brief adjournment of the pre-motion conference, currently scheduled for July 26, 2013, at 3:30 PM, to a date of the Court's convenience. This is defendant's first such request, and plaintiffs counsel has consented. ENDORSEMENT: Defendants' request is GRANTED. The July 26, 2013 conference is adjourned to Tuesday, July 30, 2013 at 3:00 p.m., SO ORDERED. ( Pre-Motion Conference set for 7/30/2013 at 03:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/15/2013) (ama) (Entered: 07/16/2013) | |||
| 2013-07-30 | 31 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from John Scola, Esq. dated 7/27/2013 re: I write now to respectfully request a brief adjournment of the pre-motion conference currently scheduled for July 30, 2013 at 3:00 PM to a date of the Court's convenience after August 5, 2013. ENDORSEMENT: Plaintiff's request is GRANTED. The conference scheduled for July 30, 2013 is adjourned until Thursday, August 8, 2013 at 2:30 p.m. SO ORDERED., ( Pre-Motion Conference set for 8/8/2013 at 02:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/29/2013) (ama) (Entered: 07/30/2013) | |||
| 2013-08-26 | 32 | 0 | ORDER: At an August 8, 2013 pre-motion conference, the Court granted Plaintiff leave to amend the Second Amended Complaint no later than August 16, 2013. The Court also granted Defendants leave to file a motion to dismiss no later than September 8, 2013. Plaintiff has not filed an amended pleading, and his time to do so has ended. Accordingly, IT IS HEREBY ORDERED THAT the parties shall brief Defendants' motion to dismiss based upon Plaintiff's Second Amended Complaint. IT IS FURTHER ORDERED THAT the parties shall comply with the briefing schedule previously set in this action. Thus, Defendants shall file their motion no later than September 8, 2013; Plaintiff shall respond no later than October 7, 2013; and Defendants shall reply no later than October 17, 2013. ( Motions due by 9/8/2013. Responses due by 10/7/2013. Replies due by 10/17/2013.) (Signed by Judge Richard J. Sullivan on 8/26/2013) (djc) Modified on 8/26/2013 (djc). (Entered: 08/26/2013) | |||
| 2013-08-28 | 33 | 0 | ORDER: that Plaintiff may file the Third Amended Complaint on ECF no later than August 28, 2012. The parties shall comply with the briefing schedule previously set in this action. Thus, Defendants shall file their motion no later than September 8, 2013; Plaintiff shall respond no later than October 7, 2013; and Defendants shall reply no later than October 17, 2013. (Motions due by 9/8/2013, Responses due by 10/7/2013, Replies due by 10/17/2013.) (Signed by Judge Richard J. Sullivan on 8/27/2013) (tn) (Entered: 08/29/2013) | |||
| 2013-08-29 | 34 | 0 | THIRD AMENDED COMPLAINT amending 26 Amended Complaint against City of New York with JURY DEMAND. Document filed by Manuel Gomez. Related document: 26 Amended Complaint filed by Manuel Gomez. (rjm) (sdi). (Entered: 08/30/2013) | |||
| 2013-09-04 | 35 | 0 | LETTER MOTION for Extension of Time to File motion to dismiss, or for clarification concerning the appropriate time to file defendant's motion to dismiss addressed to Judge Richard J. Sullivan from Adam E. Collyer, Assistant Corporation Counsel dated September 4, 2013. Document filed by City of New York.(Collyer, Adam) (Entered: 09/04/2013) | |||
| 2013-09-05 | 36 | 0 | ORDER granting 35 Letter Motion for Extension of Time to File Letter on Motion. It is HEREBY ORDERED that Defendant shall file its motion to dismiss no later than September 16, 2013; Plaintiff shall respond no later than October 7, 2013; and Defendant shall reply no later than October 17, 2013. SO ORDERED.(Signed by Judge Richard J. Sullivan on 9/04/2013) (ama) (Entered: 09/06/2013) | |||
| 2013-09-16 | 37 | 0 | MOTION to Dismiss the Third Amended Complaint. Document filed by City of New York. Responses due by 10/7/2013(Collyer, Adam) (Entered: 09/16/2013) | |||
| 2013-09-16 | 38 | 0 | MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss the Third Amended Complaint.. Document filed by City of New York. (Collyer, Adam) (Entered: 09/16/2013) | |||
| 2013-09-16 | 39 | 0 | DECLARATION of Assistant Corporation Counsel Adam E. Collyer in Support re: 37 MOTION to Dismiss the Third Amended Complaint.. Document filed by City of New York. (Attachments: # 1 Exhibit A - Charges and Specifications, # 2 Exhibit B - Notice of Claim, # 3 Exhibit C - Decision)(Collyer, Adam) (Entered: 09/16/2013) | |||
| 2013-10-06 | 40 | 0 | MEMORANDUM OF LAW in Opposition re: 37 MOTION to Dismiss the Third Amended Complaint.. Document filed by Manuel Gomez. (Attachments: # 1 Exhibit Exhibit "A" Third Amended Complaint)(Scola, John) (Entered: 10/06/2013) | |||
| 2013-10-17 | 41 | 0 | REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss the Third Amended Complaint.. Document filed by City of New York. (Collyer, Adam) (Entered: 10/17/2013) | |||
| 2014-06-10 | 42 | 0 | NOTICE OF APPEARANCE by Ricardo Tapia, Jr on behalf of City of New York. (Tapia, Ricardo) (Entered: 06/10/2014) | |||
| 2014-08-14 | 43 | 0 | OPINION AND ORDER re: 37 MOTION to Dismiss the Third Amended Complaint filed by City of New York. For the reasons stated above, IT IS HEREBY ORDERED THAT Defendant's motion to dismiss is GRANTED. Plaintiff's federal claims are DISMISSED WITH PREJUDICE, and Plaintiff's state claims are DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 37 and to terminate this case. (Signed by Judge Richard J. Sullivan on 8/14/2014) (cd) (Entered: 08/15/2014) | |||
| 2014-08-15 | 44 | 0 | CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 14, 2014, Defendant's motion to dismiss is granted and Plaintiff's federal claims are dismissed with prejudice, and Plaintiff's state claims are dismissed without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/15/2014) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(jno) (Entered: 08/15/2014) | |||
| 2014-09-11 | 45 | 0 | FILING ERROR - NO ORDER SELECTED FOR APPEAL - FIRST NOTICE OF APPEAL. Document filed by Manuel Gomez. Filing fee $ 505.00, receipt number 0208-10090576. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Scola, John) Modified on 9/11/2014 (tp). (Entered: 09/11/2014) | |||
| 2014-09-15 | 46 | 0 | FILING ERROR - NO ORDER SELECTED FOR APPEAL - FIRST NOTICE OF APPEAL. Document filed by Manuel Gomez. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Scola, John) Modified on 9/15/2014 (nd). (Entered: 09/15/2014) | |||
| 2014-09-15 | 47 | 0 | FIRST CORRECTED NOTICE OF APPEAL re: 45 Notice of Appeal, 24 Order on Motion for Reconsideration, 18 Stipulation and Order of Dismissal,,,. Document filed by Manuel Gomez. (Scola, John) (Entered: 09/15/2014) |