| Court: | nysd |
| Docket #: | 1:14-cv-00887 |
| Case Name: | Watkins v. City of New York et al |
| PACER case #: | 423295 |
| Date filed: | 2014-02-11 |
| Date terminated: | 2016-04-22 |
| Assigned to: | Judge Jesse M. Furman |
| Referred to: | Magistrate Judge Frank Maas (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 |
| Cathy Watkins Plaintiff |
Paul Casteleiro W. James Cousins |
| Hon. William C Donnino Movant |
Lee Alan Adlerstein |
| City of New York Defendant |
Shlomit Aroubas Philip Rudolph DePaul |
| Michael Donnelly Defendant tax id #883801, individually and as members of the New York City Police Department (NYPD) |
Shlomit Aroubas Philip Rudolph DePaul |
| Thomas Aiello Defendant Tax id # 868427, individually and as members of the New York City Police Department (NYPD) |
Shlomit Aroubas Philip Rudolph DePaul |
| Annabelle Nieves Defendant tax id# 876782, individually and as members of the New York City Police Department (NYPD) TERMINATED: 03/11/2016 |
Shlomit Aroubas Philip Rudolph DePaul |
| John Does Defendant #1-10 |
|
| Hon. Salvatore J Modica ADR Provider |
Lee Alan Adlerstein |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-02-11 | 1 | 0 | COMPLAINT against Thomas Aiello, City of New York, John Does, Michael Donnelly, Annabelle Nieves. (Filing Fee $ 350.00, Receipt Number 1087544)Document filed by Cathy Watkins.(laq) (Entered: 02/18/2014) | 2017-03-01 13:53:56 | a3232a289f3d9fc643ad8e10e6a8174f315533d5 | |
| 2014-02-11 | 2 | 0 | CIVIL COVER SHEET filed. (laq) (laq). (Entered: 02/18/2014) | |||
| 2014-02-11 | 3 | 0 | STATEMENT OF RELATEDNESS re: that this action be filed as related to 10cv6277. Document filed by Cathy Watkins.(laq) (laq). (Entered: 02/18/2014) | |||
| 2014-03-07 | 4 | 0 | LETTER addressed to Magistrate Judge Frank Maas from W. James Cousins dated March 7, 2014 re: Service of individual defendants. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit)(Cousins, W.) (Entered: 03/07/2014) | |||
| 2014-03-10 | 5 | 0 | MEMO ENDORSEMENT on re: 4 Letter filed by Cathy Watkins. As this case has not been referred to Magistrate Judge Maas, all correspondence and applications should be addressed to the undersigned unless and until ordered otherwise. The City is directed to respond to this application by letter no later than March 13, 2014. (Signed by Judge Jesse M. Furman on 3/10/2014) (ajs) (Entered: 03/10/2014) | |||
| 2014-03-12 | 6 | 0 | LETTER addressed to Judge Jesse M. Furman from Shlomit Aroubas dated March 12, 2014 re: Pursuant to March 10, 2014 Order. Document filed by City of New York.(Aroubas, Shlomit) (Entered: 03/12/2014) | |||
| 2014-03-13 | 7 | 0 | MEMO ENDORSEMENT on re: 6 Letter filed by City of New York. ENDORSEMENT: Once the necessary documents have been executed, defense counsel shall promptly provide plaintiff's counsel with the proper addresses for service on the individual named defendants. The Court grants the parties' joint application to remove this case from the SDNY Section 1983 Plan. The Clerk of Court is directed to de-designate this case from inclusion in the Plan. (Signed by Judge Jesse M. Furman on 3/13/2014) (ajs) (Entered: 03/13/2014) | |||
| 2014-03-17 | 8 | 0 | NOTICE OF APPEARANCE by Shlomit Aroubas on behalf of City of New York. (Aroubas, Shlomit) (Entered: 03/17/2014) | |||
| 2014-03-21 | 9 | 0 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/9/2014 at 10:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/21/2014) (ajs) (Entered: 03/21/2014) | |||
| 2014-03-21 | 10 | 0 | LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Jesse M. Furman from Shlomit Aroubas dated March 21, 2014. Document filed by City of New York.(Aroubas, Shlomit) (Entered: 03/21/2014) | |||
| 2014-03-21 | 11 | 0 | ORDER granting 10 Letter Motion for Extension of Time to Answer. The deadline for ALL defendants to answer or otherwise respond to the complaint is extended to May 12, 2014. The parties should advise the Court by letter motion in the event they believe that this extension warrants an adjournment of the Initial Pretrial Conference scheduled for May 9, 2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/21/2014) | |||
| 2014-04-29 | 12 | 0 | ORDER: Initial Conference set for 5/9/2014 at 10:00 AM in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/29/2014) (kgo) (Entered: 04/29/2014) | |||
| 2014-05-12 | 13 | 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 Frank Maas. The parties in these related cases are directed to contact the chambers of Magistrate Judge Frank Maas no later than May 23, 2014, to discuss settlement. (Signed by Judge Jesse M. Furman on 5/12/2014) (mro) Modified on 5/12/2014 (mro). (Entered: 05/12/2014) | |||
| 2014-05-12 | 14 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c). All fact discovery shall be completed no later than 2/28/2015. These cases are consolidated for the purpose of fact discovery. The Court will set a deadline for expert discovery at a later date. By separate order, the Court is referring these cases to Magistrate Judge Frank Maas for settlement purposes. No later than May 23, 2014, the parties shall contact the chambers of Magistrate Judge Maas to discuss and arrange a settlement process. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is TBD. Plaintiff in Morales v. City of New York, No. 14 Civ. 2896 (JMF), shall file an amended complaint by May 22, 2014. The next Pretrial Conference set for 1/21/2015 at 03:30 PM before Judge Jesse M. Furman in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007. (Signed by Judge Jesse M. Furman on 5/12/2014) (mro) (Entered: 05/12/2014) | |||
| 2014-05-12 | 15 | 0 | ANSWER to 1 Complaint with JURY DEMAND. Document filed by Thomas Aiello, City of New York, Michael Donnelly.(Aroubas, Shlomit) (Entered: 05/12/2014) | |||
| 2014-05-27 | 16 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Earl S. Ward, Elizabeth Saylor and David Lebowitz dated 5/23/2014 re: Plaintiffs' counsel have reviewed Your Honor's settlement procedures and are ready and available to engage in meaningful settlement discussions in accordance with them. ENDORSEMENT: The Court will hold a settlement conference on June 20, 2014, at 10 am. in Courtroom 20A., ( Settlement Conference set for 6/20/2014 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/27/2014) (lmb) Modified on 5/27/2014 (lmb). (Entered: 05/27/2014) | |||
| 2014-05-27 | 17 | 0 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Shlomit Aroubas dated 5/23/2014 re: Defendants write to appraise the Court of their position relating to the settlement of the above actions. ENDORSEMENT: Whether settlement discussions might be useful is something for Judge Furman and me -- not the City -- to determine. Nonetheless, I recognize that the City cannot secure any authority without an initial demand. Plaintiffs' counsel are therefore directed to confer with their clients and convey such a demand, in writing, by June 2, 2014. Thereafter, unless I am persuaded otherwise, the settlement conference will proceed as previously scheduled. (Signed by Magistrate Judge Frank Maas on 5/27/2014) (lmb) (Entered: 05/27/2014) | |||
| 2014-06-04 | 18 | 0 | AFFIDAVIT OF SERVICE. Thomas Aiello served on 4/30/2014, answer due 5/21/2014. Service was accepted by David Goldfarb NYPD 1 Police Plaza. Document filed by Cathy Watkins. (Cousins, W.) (Entered: 06/04/2014) | |||
| 2014-06-04 | 19 | 0 | AFFIDAVIT OF SERVICE. City of New York served on 3/5/2014, answer due 5/12/2014. Service was accepted by B. Mazyck Legal Clerk Office of the Corporation Counsel. Document filed by City of New York. (Cousins, W.) (Entered: 06/04/2014) | |||
| 2014-06-04 | 20 | 0 | AFFIDAVIT OF SERVICE. Michael Donnelly served on 4/14/2014, answer due 5/12/2014. Service was accepted by Justin Choi NYPD 1 Police Plaza. Document filed by Cathy Watkins. (Cousins, W.) (Entered: 06/04/2014) | |||
| 2014-06-04 | 21 | 0 | AFFIDAVIT OF SERVICE. Annabelle Nieves served on 5/16/2014, answer due 6/6/2014. Service was accepted by Steven Drennen NYPD 1 Police Plaza. Document filed by Cathy Watkins. (Cousins, W.) (Entered: 06/04/2014) | |||
| 2014-06-06 | 22 | 0 | ANSWER to 1 Complaint with JURY DEMAND. Document filed by Annabelle Nieves.(Aroubas, Shlomit) (Entered: 06/06/2014) | |||
| 2014-06-10 | 23 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 5/9/2014 before Judge Jesse M. Furman. Court Reporter/Transcriber: Michael McDaniel, (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 7/7/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/11/2014.(Rodriguez, Somari) (Entered: 06/10/2014) | |||
| 2014-06-10 | 24 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/9/14 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: 06/10/2014) | |||
| 2014-09-30 | 25 | 0 | PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jesse M. Furman on 9/30/2014) (tn) (Main Document 25 replaced on 10/1/2014) (tn). (Entered: 10/01/2014) | |||
| 2014-12-19 | 26 | 0 | LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Robert Rickner (on behalf of all plaintiffs) dated 12/19/2014. Document filed by Cathy Watkins.(Cousins, W.) (Entered: 12/19/2014) | |||
| 2014-12-22 | 27 | 0 | SCHEDULING ORDER granting 26 Letter Motion for Extension of Time to Complete Discovery: The requests are hereby GRANTED. The parties should promptly advise the Court if there are further delays in the Court of Claims proceedings that might have a bearing on the schedule in these cases. The Clerk of Court is directed to terminate 14-CV-0887 Docket No. 26; 14-CV-1378 Docket No. 25; 14-CV-1653 Docket No. 25; 14-CV-1654 Docket No. 22; 14-CV-1655 Docket No. 20. (Signed by Judge Jesse M. Furman on 12/22/2014) (tn) Modified on 12/22/2014 (tn). (Entered: 12/22/2014) | |||
| 2015-01-14 | 28 | 0 | NOTICE OF CHANGE OF ADDRESS by Paul Casteleiro on behalf of Cathy Watkins. New Address: Paul Casteleiro, Esq., 1000 Herrontown Road, Suite 14, Princeton, NJ, USA 08540, 609-921-2418. (Casteleiro, Paul) (Entered: 01/14/2015) | |||
| 2015-01-14 | 29 | 0 | REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for January 21, 2015, at 3:30 p.m. is RESCHEDULED for the same date at 3:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Pretrial Conference set for 1/21/2015 at 03:00 PM in Courtroom 1105, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman). (Signed by Judge Jesse M. Furman on 1/14/2015) (rjm) (Entered: 01/15/2015) | |||
| 2015-01-15 | 30 | 0 | PRE-CONFERENCE STATEMENT . Document filed by Cathy Watkins.(Casteleiro, Paul) (Entered: 01/15/2015) | |||
| 2015-01-16 | 31 | 0 | ORDER: It is hereby ORDERED that a settlement conference shall be held on March 6, 2015, at 10:00 a.m., in Courtroom 20A. A representative of the Office of the New York City Comptroller with settlement authority is directed to appear. The parties are reminded to comply with my individual settlement procedures, which can be located on my page of the Court's website. Requests for adjournment must be made to the Court, in writing, at least 48 hours prior to the conference., ( Settlement Conference set for 3/6/2015 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/16/2015) (lmb) (Entered: 01/16/2015) | |||
| 2015-01-21 | 32 | 0 | SCHEDULING ORDER: that Plaintiffs shall file any motion for an unsealing order with this Court and serve the District Attorney's office with that motion by February 6, 2015. Any opposition (by the District Attorney's Office or otherwise) is due by February 16, 2015, and any reply is due by February 20, 2015. (As the District Attorney's Office is not a party, it may make submissions by e-mail to Furman_NYSDChambers@nysd.uscourts.gov.) Plaintiffs shall inform the District Attorney's office of the briefing schedule by the end of the day on January 21, 2015, and shall serve a copy of this Order on the District Attorney's Office by January 22, 2015. The parties shall submit a joint letter by June 16, 2015, proposing a schedule for expert discovery. Status Conference set for 7/1/2015 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. Motions due by 2/6/2015. Responses due by 2/16/2015. Replies due by 2/20/2015. (Signed by Judge Jesse M. Furman on 1/21/2015) (tn) (Entered: 01/22/2015) | |||
| 2015-02-03 | 33 | 0 | LETTER MOTION for Extension of Time to Comply with the Court's January 21, 2015 Order addressed to Judge Jesse M. Furman from Philip R. DePaul dated February 3, 2015. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves.(DePaul, Philip) (Entered: 02/03/2015) | |||
| 2015-02-04 | 34 | 0 | ORDER granting 33 Letter Motion for Extension of Time to Comply with the Court's January 21, 2015 Order addressed to Judge Jesse M. Furman from Philip R. DePaul dated February 3, 2015. Application GRANTED. The Clerk of Court is directed to docket this endorsed letter in all cases listed above and to terminate the relevant letter motion in each case. (Signed by Judge Jesse M. Furman on 2/3/2015) (kko) (Entered: 02/04/2015) | |||
| 2015-02-05 | 35 | 0 | ENDORSED LETTER addressed to Judge Jesse M. Furman from Mary Jo L. Blanchard dated 2/5/2015 re: in the event that a motion is filed, Counsel requests an extension from 2/16 to 2/23/2015 to file a response. ENDORSEMENT: The Court assumes that the issue is now moot, but in the unlikely event that a motion is filed the extension application is GRANTED. The Law Department is directed to send a copy of this endorsed letter to Ms. Blanchard. The Clerk of Court is directed to file this letter in all listed cases. (Responses due by 2/23/2015) (Signed by Judge Jesse M. Furman on 2/5/2015) (tn) (Entered: 02/05/2015) | |||
| 2015-02-09 | 36 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 1/21/2015 before Judge Jesse M. Furman. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 3/5/2015. Redacted Transcript Deadline set for 3/16/2015. Release of Transcript Restriction set for 5/14/2015.(McGuirk, Kelly) (Entered: 02/09/2015) | |||
| 2015-02-09 | 37 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/21/2015 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: 02/09/2015) | |||
| 2015-02-26 | 38 | 0 | SEALED DOCUMENT placed in vault.(rz) (Entered: 02/26/2015) | |||
| 2015-04-05 | 39 | 0 | LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Paul Casteleiro dated 04/05/2015. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit)(Casteleiro, Paul) (Entered: 04/05/2015) | |||
| 2015-04-06 | 40 | 0 | ORDER: Defendants shall respond to the discovery dispute raised in Plaintiffs' joint letter dated April 5, 2015 (see, e.g., 14-CV-0887, Docket No. 39) by April 7, 2015, at noon. (Signed by Judge Jesse M. Furman on 4/6/2015) (spo) (Entered: 04/06/2015) | |||
| 2015-04-07 | 41 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Philip R. DePaul dated April 7, 2015 re: 39 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Paul Casteleiro dated 04/05/2015. . Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (DePaul, Philip) (Entered: 04/07/2015) | |||
| 2015-04-09 | 42 | 0 | ORDER denying 39 Letter Motion for Local Rule 37.2 Conference. Upon review of the parties' submissions, Plaintiffs' letter motions seeking an order compelling Defendants Thomas Aiello and Michael Donnelly to sit for depositions before May 7, 2015 (see, e.g., 14-CV-0887, Docket No. 39) are DENIED. The Court is confident that counsel can find dates that are mutually agreeable for all relevant parties. The Court cautions the parties, however, that the June 30th discovery deadline will not be extended on account of any delays in the holding of the depositions. That is, if the depositions are delayed on account of Defendants and further discovery is needed following those depositions, the result is likely to be sanctions rather than an extension. By contrast, if the depositions are delayed and fault lies with Plaintiffs (e.g., because one or more counsel is unavailable for the entire month of May), the result may be that Plaintiffs lack time to pursue further discovery in response to the depositions. Put simply, it is in the strong interest of both sides to find mutually agreeable dates for the depositions sooner rather than later. The Clerk of Court is directed to terminate 14-CV-0887 Docket No. 39; 14-CV-1378 Docket No. 34; 14-CV-1653 Docket No. 36; 14-CV-1654 Docket No. 31; 14-CV-1655 Docket No. 29. (Signed by Judge Jesse M. Furman on 4/8/2015) (kl) (Entered: 04/09/2015) | |||
| 2015-04-22 | 43 | 0 | LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Paul Casteleiro dated 04/22/2015. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit Forcelli Statement, # 2 Exhibit Defendants'Objections, # 3 Exhibit Plaintiffs'Deficiency Letter, # 4 Exhibit Defendants' Email)(Casteleiro, Paul) (Main Document 43 replaced on 4/28/2015) (ab). (Attachment 1 replaced on 4/28/2015) (ab). (Attachment 2 replaced on 4/28/2015) (ab). (Entered: 04/22/2015) | |||
| 2015-04-24 | 44 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Philip R. DePaul dated April 24, 2015 re: 43 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from Paul Casteleiro dated 04/22/2015. . Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (Attachments: # 1 Exhibit A)(DePaul, Philip) (Entered: 04/24/2015) | |||
| 2015-04-23 | 45 | 0 | ORDER granting 43 Letter Motion for Local Rule 37.2 Conference. On April 22, 2015, Plaintiffs filed a joint letter motion requesting that the Court schedule a discovery conference or, in the alternative, compel Defendants to respond to certain discovery requests related to "new documents regarding the Baithe Diop murder." (See, e.g., 14-CV-0887, Docket No. 43). Accordingly, it is hereby ORDERED that Defendants shall respond to Plaintiffs' letter motion no later than April 24, 2015. Further, the parties shall appear for a conference with the Court on April 27, 2015 at 3:00 p.m., unless the Court determines after reviewing Defendants' submission that there is no need for a conference, in which case it will issue another order to that effect. The Clerk of Court is directed to terminate 14-CV-0887 Docket No. 43; 14-CV-1378 Docket No. 38; 14-CV-1653 Docket No. 40; 14-CV-1654 Docket No. 35; and 14-CV-1655 Docket No. 33. (Signed by Judge Jesse M. Furman on 4/23/2015) (kl) Modified on 4/28/2015 (kl). (Entered: 04/28/2015) | |||
| 2015-05-21 | 46 | 0 | LETTER addressed to Judge Jesse M. Furman from Paul Casteleiro dated May 21, 2015 re: Oppose Ayers Request to Extend Discovery. Document filed by Cathy Watkins.(Casteleiro, Paul) (Entered: 05/21/2015) | |||
| 2015-05-21 | 47 | 0 | ORDER: On May 21, 2015, Plaintiff Ayers filed a letter requesting an extension of the fact discovery deadline. (14-CV-1655, Docket No. 36). Accordingly, any party who wishes to respond to that request shall do so by letter filed no later than May 22, 2015. Set Deadlines/Hearing as to (36 in 1:14-cv-01655-JMF) LETTER MOTION for Extension of Time of fact discovery addressed to Judge Jesse M. Furman from Glenn A. Garber dated 05/21/2015: Responses due by 5/22/2015. (Signed by Judge Jesse M. Furman on 5/21/2015) (tn) (Entered: 05/21/2015) | |||
| 2015-05-26 | 48 | 0 | ORDER denying as moot (36 in case number 14cv1655) Letter Motion for Extension of Time: In light of Plaintiff Ayers's application of May 22, 2015 (No. 14-CV-1655, Docket No. 38), Plaintiff's request for an extension of the discovery deadline is DENIED as moot. The Clerk of Court is directed to terminate No. 14-CV-1655, Docket No. 36. (Signed by Judge Jesse M. Furman on 5/26/2015) (tn) (Entered: 05/26/2015) | |||
| 2015-05-28 | 49 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2015 before Judge Jesse M. Furman. Court Reporter/Transcriber: Vincent Bologna, (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 6/22/2015. Redacted Transcript Deadline set for 7/2/2015. Release of Transcript Restriction set for 8/31/2015.(Grant, Patricia) (Entered: 05/28/2015) | |||
| 2015-05-28 | 50 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/27/2015 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...(Grant, Patricia) (Entered: 05/28/2015) | |||
| 2015-06-01 | 51 | 0 | ORDER granting (45 in case number 14cv1378; 46 in case number 14cv1653; and 41 in 14cv1654): Application GRANTED. The Clerk of Court is directed to docket this in all the above-captioned cases and to terminate 14-CV-1378 Docket No. 45; 14-CV-1653 Docket No. 46; 14-CV-1654 Docket No. 41. Finally, the Clerk of Court is directed to mark all five of the above-captioned cases as related and to link their dockets accordingly. (Signed by Judge Jesse M. Furman on 6/1/2015) (tn) (Entered: 06/01/2015) | |||
| 2015-06-09 | 52 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Quash Subpoena of Hon. William C. Donnino and Hon. Salvatore J. Modica . Document filed by William C Donnino, Salvatore J Modica.(Adlerstein, Lee) Modified on 6/11/2015 (db). Modified on 6/11/2015 (db). (Entered: 06/09/2015) | |||
| 2015-06-10 | 53 | 0 | MEMO ENDORSEMENT on re: 52 MOTION to Quash Subpoena of Hon. William C. Donnino and Hon. Salvatore J. Modica, filed by William C Donnino, Salvatore J Modica. ENDORSEMENT: Defendants shall respond by letter no later than June 11, 2015, at 2 pm. The Clerk of Court is directed to docket this in all listed cases. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/10/2015) (kl) (Entered: 06/10/2015) | |||
| 2015-06-11 | 54 | 0 | LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Shlomit Aroubas dated 06/11/2015. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves.(Aroubas, Shlomit) (Entered: 06/11/2015) | |||
| 2015-06-11 | 55 | 0 | ORDER granting 54 Letter Motion for Leave to File Excess Pages (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/11/2015) | |||
| 2015-06-11 | 56 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Shlomit Aroubas dated June 11, 2015 re: 52 MOTION to Quash Subpoena of Hon. William C. Donnino and Hon. Salvatore J. Modica . . Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (Aroubas, Shlomit) (Entered: 06/11/2015) | |||
| 2015-06-12 | 57 | 0 | LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Lee Adlerstein dated 6/12/15. Document filed by William C Donnino.(Adlerstein, Lee) (Entered: 06/12/2015) | |||
| 2015-06-12 | 58 | 0 | ORDER denying 52 Motion to Quash Subpoena of Hon. William C. Donnino and Hon. Salvatore J. Modica; denying as moot 57 Letter Motion for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Lee Adlerstein dated 6/12/15. Having reviewed both submissions, the Court concludes that a formal motion, and more extensive briefing, is in order. Accordingly, the Motion To Quash is denied, without prejudice to renewal by formal motion to be filed no later than June 19, 2015. The City's opposition shall be due by June 26, 2015, and any reply shall be due by July 1, 2015. The depositions of Justice Donnino and Judge Modica shall not go forward until the Court rules on that motion (or until the deadline to file a motion has passed). If necessary, the Court will provide Defendants with a reasonable extension of the fact discovery period for the limited purpose of taking any deposition that the Court allows to go forward. In light of the foregoing, Justice Donnino's and Judge Modica's letter motion seeking leave to file a reply is denied as moot. The Clerk of Court is directed to terminate No. 14-CV-0887, Docket Nos. 52 and 57. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 6/12/2015) (kko) (Entered: 06/12/2015) | |||
| 2015-06-17 | 59 | 0 | MEMO ENDORSEMENT on re: (50 in 1:14-cv-01653-JMF) Letter filed by Michael Cosme, (44 in 1:14-cv-01655-JMF) Letter filed by Devon Ayers, (45 in 1:14-cv-01654-JMF) Letter filed by Carlos Perez. ENDORSEMENT: The proposed schedule is hereby adopted. The Clerk of Court is directed to docket this in all the above-captioned cases. (Deposition due by 1/29/2016.) (Signed by Judge Jesse M. Furman on 6/17/2015) (tn) (Entered: 06/17/2015) | |||
| 2015-06-19 | 60 | 0 | MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica . Document filed by William C Donnino, Salvatore J Modica.(Adlerstein, Lee) (Entered: 06/19/2015) | |||
| 2015-06-19 | 61 | 0 | DECLARATION of Lee Adlerstein in Support re: 60 MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica .. Document filed by William C Donnino, Salvatore J Modica. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Adlerstein, Lee) (Entered: 06/19/2015) | |||
| 2015-06-19 | 62 | 0 | MEMORANDUM OF LAW in Support re: 60 MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica . . Document filed by William C Donnino, Salvatore J Modica. (Adlerstein, Lee) (Entered: 06/19/2015) | |||
| 2015-06-22 | 63 | 0 | LETTER MOTION for Extension of Time to Produce Fed. R. Civ. P. 30(b)(6) Witness(es) addressed to Judge Jesse M. Furman from Philip R. DePaul dated June 22, 2015. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves.(DePaul, Philip) (Entered: 06/22/2015) | |||
| 2015-06-22 | 64 | 0 | ORDER granting 63 Letter Motion for Extension of Time. Application GRANTED. June 30th remains the deadline for all fact discovery other than the limited discovery the Court has authorized thereafter. Further, the expert discovery deadlines remain in effect. SO ORDERED. The Clerk of Court is directed to docket this in all the above-captioned cases and to terminate all relevant letter motions. (Signed by Judge Jesse M. Furman on 6/22/2015) (spo) Modified on 6/23/2015 (spo). (Entered: 06/23/2015) | |||
| 2015-06-25 | 65 | 0 | DECLARATION of Philip R. DePaul in Opposition re: 60 MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica .. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (Part 1), # 6 Exhibit E (Part 2), # 7 Exhibit E (Part 3), # 8 Exhibit F)(DePaul, Philip) (Entered: 06/25/2015) | |||
| 2015-06-25 | 66 | 0 | MEMORANDUM OF LAW in Opposition re: 60 MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica . . Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (DePaul, Philip) (Entered: 06/25/2015) | |||
| 2015-06-30 | 67 | 0 | LETTER addressed to Judge Jesse M. Furman from Paul Casteleiro dated 6/30/2015 re: Joint.Letter.Report.Case.Status.. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit Defs.Responses.Objections.To.Pls.2nd.Consolidated.Interrogatories)(Casteleiro, Paul) (Entered: 06/30/2015) | |||
| 2015-07-01 | 68 | 0 | REPLY MEMORANDUM OF LAW in Support re: 60 MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica . . Document filed by William C Donnino, Salvatore J Modica. (Adlerstein, Lee) (Entered: 07/01/2015) | |||
| 2015-07-01 | 69 | 0 | ORDER: As discussed on the record at the conference held on July 1, 2015, fact discovery in these cases is now closed, with the exception of the few remaining items discussed on the record. It is hereby ORDERED that, no later than one week after the close of expert discovery, the parties shall submit a joint letter describing any anticipated motions for summary judgment or Daubert motions, and proposing a briefing structure for those motions. To the extent practicable, the proposed briefing structure should minimize the number of briefs to be filed. It is further ORDERED that, within one week of the Court's ruling on the motions discussed above, the parties shall file a joint letter indicating whether the parties believe the related cases should be consolidated for the purposes of trial and, if the parties disagree about whether the cases should be consolidated, proposing a mechanism for resolving that dispute. (Signed by Judge Jesse M. Furman on 7/1/2015) (mro) (Entered: 07/02/2015) | |||
| 2015-08-13 | 70 | 0 | MEMORANDUM OPINION AND ORDER re: (60 in 1:14-cv-00887-JMF) MOTION to Quash Subpoenas of Hon. William Donnino and Hon. Salvatore Modica filed by William C Donnino, Salvatore J Modica: that the motion to quash is GRANTED and the subpoenas served on Justice Donnino and Justice Modica are quashed. The Clerk of Court is directed to terminate Docket No. 60. (Signed by Judge Jesse M. Furman on 8/13/2015) (tn) (Entered: 08/13/2015) | |||
| 2015-08-14 | 71 | 0 | LETTER addressed to Judge Jesse M. Furman from Philip R. DePaul dated August 14, 2015 re: Respectfully Submitting Exhibit G to the Declaration of Philip R. DePaul in Opposition to the Motion to Quash Deposition Subpoenas Served Upon Hon. William C. Donnino and Hon. Salvatore J. Modica dated June 25, 2015. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (Attachments: # 1 Exhibit G)(DePaul, Philip) (Entered: 08/14/2015) | |||
| 2015-08-15 | 72 | 0 | LETTER MOTION for Extension of Time to Serve Emotional Damages Expert Report addressed to Judge Jesse M. Furman from Paul Casteleiro, Esq. dated 08/15/2015. Document filed by Cathy Watkins.(Casteleiro, Paul) (Entered: 08/15/2015) | |||
| 2015-08-16 | 73 | 0 | ORDER granting 72 Letter Motion for Extension of Time. All other dates and deadlines remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/16/2015) | |||
| 2015-08-27 | 74 | 0 | ORDER: Plaintiffs' letter motion seeking a Local Rule 37.2 conference (which lists all of the above-captioned cases, but was filed only in 14-CV-1378, 14-CV-1653, and 14-CV-1654, see, e.g., 14-CV-1378, Docket No. 58) is hereby GRANTED. The parties shall appear on September 8, 2015, at 3:45 p.m. for a conference with the Court in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Defendants shall file a response to Plaintiffs' letter motion by no later than September 1, 2015. The Clerk of Court is directed to terminate 14-CV-1378, Docket No. 58; 14-CV-1653, Docket No. 62; and 14-CV-1654, Docket No. 55. (Status Conference set for 9/8/2015 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/27/2015) (tn) (Entered: 08/27/2015) | |||
| 2015-08-31 | 75 | 0 | LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from W. James Cousins dated 08/26/15. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Cousins, W.) (Entered: 08/31/2015) | |||
| 2015-08-31 | 76 | 0 | ORDER terminating as moot 75 Letter Motion for Local Rule 37.2 Conference. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/31/2015) | |||
| 2015-09-01 | 77 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 7/1/2015 before Judge Jesse M. Furman. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 9/25/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/3/2015.(McGuirk, Kelly) (Entered: 09/01/2015) | |||
| 2015-09-01 | 78 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/1/15 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: 09/01/2015) | |||
| 2015-09-01 | 79 | 0 | LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Philip R. DePaul dated September 1, 2015 re: 75 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Jesse M. Furman from W. James Cousins dated 08/26/15. . Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(DePaul, Philip) (Entered: 09/01/2015) | |||
| 2015-09-18 | 80 | 0 | MEMO ENDORSEMENT on re: (60 in 1:14-cv-01654-JMF) Letter filed by Carlos Perez, (67 in 1:14-cv-01653-JMF) Letter filed by Michael Cosme, (60 in 1:14-cv-01655-JMF) Letter filed by Devon Ayers, (63 in 1:14-cv-01378-JMF) Letter filed by Eric Field. ENDORSEMENT: The Court commends counsel for resolving their disputes. The Court will assume that there are no further disputes on these issues unless and until it hears otherwise; Plaintiffs should promptly raise any issues (after conferring with defense counsel, of course) after they receive the 61 Index. The Clerk of Court is directed to docket this in all of the above-captioned cases. (Signed by Judge Jesse M. Furman on 9/17/2015) (tn) (Entered: 09/18/2015) | |||
| 2015-10-08 | 81 | 0 | TRANSCRIPT of Proceedings re: Conference held on 9/8/2015 before Judge Jesse M. Furman. Court Reporter/Transcriber: Samuel Mauro, (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 11/2/2015. Redacted Transcript Deadline set for 11/12/2015. Release of Transcript Restriction set for 1/9/2016.(Siwik, Christine) (Entered: 10/08/2015) | |||
| 2015-10-08 | 82 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/8/15 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...(Siwik, Christine) (Entered: 10/08/2015) | |||
| 2016-01-26 | 83 | 0 | ORDER granting (71 in case number 14cv1378) Letter Motion for Extension of Time: Application GRANTED. The expert deadlines remain the same for all the related cases, but the deadline for submitting the letter required by the Court's Order of July 1, 2015 (see 14-CV-1378, Docket No. 53) is extended to February 19, 2016. The Clerk of Court is directed to docket this in 14-CV-0887 (JMF), 14-CV-1378 (JMF), 14-CV-1653 (JMF), 14-CV-1654 (JMF), and 14-CV-1655 (JMF), and to terminate Docket No. 71. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/26/2016) (tn) (Entered: 01/26/2016) | |||
| 2016-02-19 | 84 | 0 | JOINT LETTER addressed to Judge Jesse M. Furman from Philip R. DePaul dated February 19, 2016 re: Post-Discovery Motion Practice. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves.(DePaul, Philip) (Entered: 02/19/2016) | |||
| 2016-02-22 | 85 | 0 | MEMO ENDORSEMENT on re: (84 in 1:14-cv-00887-JMF) Letter, (63 in 1:14-cv-01655-JMF) Letter, (73 in 1:14-cv-01378-JMF) Letter, (63 in 1:14-cv-01654-JMF) Letter, (70 in 1:14-cv-01653-JMF) Letter re: Post-Discovery Motion Practice. ENDORSEMENT: Counsel shall appear for a conference with the Court on February 24, 2016, at 2:45 p.m. Counsel should be prepared to address whether there are ways to streamline the briefing further to reduce the number (and overlap) of the briefs that the Court will have to read. SO ORDERED. (Status Conference set for 2/24/2016 at 02:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/22/2016) (kko) (Entered: 02/22/2016) | |||
| 2016-02-22 | 86 | 0 | LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Philip R. DePaul dated February 22, 2016. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves.(DePaul, Philip) (Entered: 02/22/2016) | |||
| 2016-02-23 | 87 | 0 | ORDER granting 86 Letter Motion to Adjourn Conference: Application GRANTED. The conference is ADJOURNED to March 1, 2016, at 1:45 p.m. The Clerk of Court is directed to terminate 14-CV-887, Docket No. 86; 14-CV-1378, Docket No. 75; 14-CV-1653, Docket No. 72; 14-CV-1654, Docket No. 65; and 14-CV-1655, Docket No. 65. Status Conference set for 3/1/2016 at 01:45 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/22/2016) (tn) (Entered: 02/23/2016) | |||
| 2016-03-02 | 88 | 0 | LETTER addressed to Judge Jesse M. Furman from Philip R. DePaul dated March 2, 2016 re: Schedule for Post-Discovery Motion Practice. Document filed by Thomas Aiello, City of New York, Michael Donnelly, Annabelle Nieves.(DePaul, Philip) (Entered: 03/02/2016) | |||
| 2016-03-03 | 89 | 0 | MEMO ENDORSEMENT on re: (67 in 1:14-cv-01655-JMF) Letter filed by The City of New York, Thomas Aiello, Michael Donnelly. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to docket this in all the above-listed cases. (Motions due by 4/22/2016., Responses due by 5/20/2016, Replies due by 6/3/2016.) (Signed by Judge Jesse M. Furman on 3/2/2016) (cf) (Entered: 03/03/2016) | |||
| 2016-03-11 | 90 | 0 | STIPULATION AND ORDER OF DISMISSAL: All claims in the above referenced action against former NYPD Detective Annabelle Nieves, in her individual capacity and as a member of the New York City Police Department, are hereby dismissed, with prejudice, and without costs, expenses or attorneys' fees. Nothing contained herein shall be deemed to be an admission by former NYPD Detective Annabelle Nieves, nor by the remaining defendants, The City of New York and former NYPD Detectives Michael Donnelly and Thomas Aiello, in their individual capacity or as members of the NYPD, that they in any manner or way violated plaintiff's rights, or the rights of any person or entity, as defined in the constitutions, statutes, ordinances, rules or regulations of the United States, the State of New York, or the City of New York, or any other rules, regulations or bylaws of any department or subdivision of the City of New York. This stipulation shall not be admissible in, nor is it related to, any other litigation or settlement negotiations' Defendant former NYPD Detective Annabelle Nieves has authorized the Office of the Corporation Counsel to act as her agent of service for a trial subpoena in this matter. Former Detective Nieves understands her obligations under Rule 45 of the Federal Rules of Civil Procedure. Annabelle Nieves (tax id# 876782, individually and as members of the New York City Police Department (NYPD) ) terminated. (Signed by Judge Jesse M. Furman on 3/10/2016) (tn) (Entered: 03/11/2016) | |||
| 2016-03-11 | 91 | 0 | MOTION for Sanctions Spoliation. Document filed by Cathy Watkins.(Cousins, W.) (Entered: 03/11/2016) | |||
| 2016-03-11 | 92 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Sanctions Brief and Declaration with Exhibits. Document filed by Cathy Watkins. (Attachments: # 1 Affidavit Rickner Declaration, # 2 Exhibit Ex.A to Rickner Decl., # 3 Exhibit Ex.B to Rickner Decl., # 4 Exhibit Ex.C to Rickner Decl., # 5 Exhibit Ex.D to Rickner Decl., # 6 Exhibit Ex E. to Rickner Decl., # 7 Exhibit Ex F. to Rickner Decl., # 8 Exhibit Ex.G to Rickner Decl., # 9 Exhibit Ex.H to Rickner Decl., # 10 Exhibit Ex.I to Rickner Decl., # 11 Exhibit Ex.J to Rickner Decl., # 12 Exhibit Ex.K to Rickner Decl., # 13 Exhibit Ex.L to Rickner Decl., # 14 Exhibit Ex.M to Rickner Decl., # 15 Exhibit Ex.N to Rickner Decl., # 16 Exhibit Ex.O to Rickner Decl., # 17 Exhibit Ex.P to Rickner Decl., # 18 Exhibit Ex.Q to Rickner Decl., # 19 Exhibit Ex.R to Rickner Decl., # 20 Exhibit Ex S. to Rickner Decl., # 21 Exhibit Ex T. to Rickner Decl., # 22 Exhibit Ex.U to Rickner Decl., # 23 Exhibit Ex.V to Rickner Decl., # 24 Exhibit Ex.W to Rickner Decl., # 25 Exhibit Ex X. to Rickner Decl., # 26 Exhibit Ex Y. to Rickner Decl., # 27 Exhibit Ex Z. to Rickner Decl., # 28 Exhibit Ex.AA to Rickner Decl., # 29 Exhibit Ex.BB to Rickner Decl., # 30 Exhibit Ex.CC to Rickner Decl., # 31 Exhibit Ex.DD to Rickner Decl., # 32 Exhibit Ex EE. to Rickner Decl.)(Cousins, W.) Modified on 3/29/2016 (ldi). (Entered: 03/11/2016) | |||
| 2016-03-17 | 93 | 0 | ORDER: Plaintiffs in the above-captioned related cases have jointly filed a motion for spoliation sanctions, and have submitted under seal four exhibits accompanying the motion. In e-mails, a copies of which are attached, the parties have indicated that they have no objection to the public filing of the exhibits, subject to redactions for the protection of personal information and the redaction of a confidential informant's name. Counsel for Defendants, however, raises the question of whether the consent of Gilbert Vega should be sought before publicly filing the transcript of his deposition, noting that counsel made certain representations to him about the confidentiality of the transcript. Out of an abundance of caution, the Vega deposition transcript (Exhibit C) shall be kept under seal pending the Court's consideration of how to handle the issue in conjunction with the underlying motion. Plaintiffs shall promptly file on ECF the other exhibits, redacted in accordance with Rule 5.2 of the Federal Rules of Civil Procedure and with the name of any confidential informant removed; and shall promptly submit to the Sealed Records Department a copy of the Vega deposition transcript. The parties are reminded that all substantive communications with the Court shall be made by letter or formal submission in accordance with the Court's Individual Rules and Practices for Civil Cases. In other words, counsel should not include any substantive communications in e-mails to the Court. (Signed by Judge Jesse M. Furman on 3/16/2016) (mro) (Entered: 03/17/2016) | |||
| 2016-03-23 | 94 | 0 | LETTER MOTION for Extension of Time to File Opposition to Plaintiffs' Motion dated March 11, 2016 addressed to Judge Jesse M. Furman from Philip R. DePaul dated March 23, 2016. Document filed by Thomas Aiello, City of New York, Michael Donnelly.(DePaul, Philip) (Entered: 03/23/2016) | |||
| 2016-03-24 | 95 | 0 | ORDER granting 94 Letter Motion for Extension of Time to File: Application GRANTED. The Clerk of Court is directed to file this endorsed letter in all of the above-captioned cases and to terminate the corresponding letter motions filed on March 23, 2016. (Signed by Judge Jesse M. Furman on 3/23/2016) (tn) (Entered: 03/24/2016) | |||
| 2016-03-28 | 96 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert Rickner in Support re: 92 MOTION for Sanctions Brief and Declaration with Exhibits.. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit Exhibit O, # 2 Exhibit Exhibit U, # 3 Exhibit Exhibit EE)(Cousins, W.) Modified on 3/29/2016 (ldi). (Entered: 03/28/2016) | |||
| 2016-03-29 | 97 | 0 | MEMORANDUM OF LAW in Support re: 91 MOTION for Sanctions Spoliation. . Document filed by Cathy Watkins. (Cousins, W.) (Entered: 03/29/2016) | |||
| 2016-03-29 | 98 | 0 | DECLARATION of Robert Rickner in Support re: 91 MOTION for Sanctions Spoliation.. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Cousins, W.) (Entered: 03/29/2016) | |||
| 2016-03-29 | 99 | 0 | DECLARATION of Robert Rickner in Support re: 91 MOTION for Sanctions Spoliation.. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit O, # 2 Exhibit U, # 3 Exhibit EE)(Cousins, W.) (Entered: 03/29/2016) | |||
| 2016-03-31 | 100 | 0 | DECLARATION of Shlomit Aroubas in Opposition re: 91 MOTION for Sanctions Spoliation.. Document filed by Thomas Aiello, City of New York, Michael Donnelly. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Aroubas, Shlomit) (Entered: 03/31/2016) | |||
| 2016-03-31 | 101 | 0 | MEMORANDUM OF LAW in Opposition re: 91 MOTION for Sanctions Spoliation. . Document filed by Thomas Aiello, City of New York, Michael Donnelly. (Aroubas, Shlomit) (Entered: 03/31/2016) | |||
| 2016-04-07 | 102 | 0 | REPLY MEMORANDUM OF LAW in Support re: 92 MOTION for Sanctions Brief and Declaration with Exhibits. . Document filed by Cathy Watkins. (Casteleiro, Paul) (Entered: 04/07/2016) | |||
| 2016-04-07 | 103 | 0 | REPLY AFFIRMATION of Robert Rickner in Support re: 92 MOTION for Sanctions Brief and Declaration with Exhibits.. Document filed by Cathy Watkins. (Attachments: # 1 Exhibit Transcript, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Correspondence)(Casteleiro, Paul) (Entered: 04/07/2016) | |||
| 2016-04-21 | 104 | 0 | LETTER addressed to Judge Jesse M. Furman from Philip R. DePaul dated April 21, 2016 re: Settlement. Document filed by Thomas Aiello, City of New York, Michael Donnelly.(Aroubas, Shlomit) (Entered: 04/21/2016) | |||
| 2016-04-22 | 105 | 0 | ORDER OF DISMISSAL: that the above-entitled actions be and are hereby dismissed and discontinued without costs, and without prejudice to the right to reopen either action within thirty days of the date of this Order if the relevant settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close these cases. (Signed by Judge Jesse M. Furman on 4/21/2016) (tn) (Entered: 04/22/2016) | |||
| 2016-04-28 | 106 | 0 | STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that The above-referenced action is hereby dismissed with prejudice; and Notwithstanding the dismissal of this action in accordance with this agreement, the District Court shall continue to retain jurisdiction over this action for the purpose of enforcing the terms of the settlement agreement reached between the parties and set forth in the Stipulation of Settlement executed by the parties in this matter. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/28/2016) (ama) (Entered: 04/29/2016) |