| Court: | nysd |
| Docket #: | 1:15-cv-07030 |
| Case Name: | Russell et al v. City Of New York ; et al |
| PACER case #: | 447103 |
| Date filed: | 2015-09-04 |
| Date terminated: | 2016-08-16 |
| Assigned to: | Judge Gregory H. Woods |
| 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 |
| Ricardo Russell Plaintiff on his individual behalf |
Marc Augustine Cannan Myron Beldock |
| Robert Vilella Plaintiff on his individual behalf |
Marc Augustine Cannan Myron Beldock |
| Ricardo Russell Plaintiff on behalf of all others similarly situated |
Marc Augustine Cannan |
| Robert Vilella Plaintiff on behalf of all others similarly situated |
Marc Augustine Cannan |
| City Of New York ; Defendant a municipal entity |
Daniel Michael Braun |
| NYC Police Officer Ivan Calero Defendant (Shield #9301), In his Individual Capacity |
Daniel Michael Braun |
| NYC Police Officer Ivan Calero Defendant (Shield #9301), In his Official Capacity |
|
| John and/or Jane Does Defendant Nos. 1, 2, 3, etc. (whose identity are unknown but who are known to be personnel of the New York City Police Department), all of whom are served individually and in their official capacities |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-09-04 | 1 | 0 | COMPLAINT against Ivan Calero((Shield #9301), In his Individual Capacity), Ivan Calero((Shield #9301), In his Official Capacity), City Of New York ;, John and/or Jane Does. (Filing Fee $ 400.00, Receipt Number 0208-11357377)Document filed by Ricardo Russell, Robert Vilella.(Beldock, Myron) (Entered: 09/04/2015) | |||
| 2015-09-04 | 2 | 0 | CIVIL COVER SHEET filed. (Beldock, Myron) (Entered: 09/04/2015) | |||
| 2015-09-08 | 3 | 0 | NOTICE OF APPEARANCE by Marc Augustine Cannan on behalf of Ricardo Russell, Robert Vilella. (Cannan, Marc) (Entered: 09/08/2015) | |||
| 2015-09-08 | 4 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint,. Document filed by Ricardo Russell, Robert Vilella. (Cannan, Marc) (Entered: 09/08/2015) | |||
| 2015-09-08 | 5 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Police Officer Ivan Calero (Shield #9301), re: 1 Complaint,. Document filed by Ricardo Russell, Robert Vilella. (Cannan, Marc) (Entered: 09/08/2015) | |||
| 2015-09-16 | 6 | 0 | ELECTRONIC SUMMONS ISSUED as to City Of New York ;. (dgo) (Main Document 6 replaced on 9/18/2015) (dgo). (Entered: 09/16/2015) | |||
| 2015-09-16 | 7 | 0 | ELECTRONIC SUMMONS ISSUED as to Ivan Calero((Shield #9301), In his Individual Capacity), Ivan Calero((Shield #9301), In his Official Capacity). (dgo) (Entered: 09/16/2015) | |||
| 2015-09-21 | 8 | 0 | NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN): Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr) (Entered: 09/21/2015) | |||
| 2015-10-05 | 9 | 0 | NOTICE OF APPEARANCE by Daniel Michael Braun on behalf of City Of New York ;. (Braun, Daniel) (Entered: 10/05/2015) | |||
| 2015-11-03 | 10 | 0 | SUMMONS RETURNED EXECUTED. Ivan Calero((Shield #9301), In his Individual Capacity) served on 10/28/2015, answer due 11/18/2015; Ivan Calero((Shield #9301), In his Official Capacity) served on 10/28/2015, answer due 11/18/2015. Service was accepted by "Jane" Dixon, co-worker. Service was made by Mail. Document filed by Ricardo Russell(on behalf of all others similarly situated); Robert Vilella(on his individual behalf ); Robert Vilella(on behalf of all others similarly situated); Ricardo Russell(on his individual behalf ). (Cannan, Marc) (Entered: 11/03/2015) | |||
| 2015-11-23 | 11 | 0 | ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Ivan Calero((Shield #9301), In his Individual Capacity), City Of New York ;.(Braun, Daniel) (Entered: 11/23/2015) | |||
| 2015-11-24 | 12 | 0 | NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(rpr) (Entered: 11/24/2015) | |||
| 2016-03-17 | 14 | 0 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/8/2016 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 3/17/2016) (kko) (Entered: 03/17/2016) | |||
| 2016-04-01 | 15 | 0 | JOINT LETTER addressed to Judge Gregory H. Woods Document filed by Ivan Calero((Shield #9301), In his Individual Capacity), City Of New York ;.(Braun, Daniel) (Entered: 04/01/2016) | |||
| 2016-04-11 | 16 | 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. This case is to be tried to a jury. Motions due by 9/7/2016. Deposition due by 8/8/2016. Fact Discovery due by 8/8/2016. Status Conference set for 8/25/2016 at 03:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/11/2016) (kko) (Entered: 04/11/2016) | |||
| 2016-08-04 | 17 | 0 | NOTICE of Acceptance with Offer of Judgment . Document filed by Ricardo Russell(on behalf of all others similarly situated), Ricardo Russell(on his individual behalf ), Robert Vilella(on his individual behalf ), Robert Vilella(on behalf of all others similarly situated). (Attachments: # 1 Rule 68 Offer of Judgment)(Cannan, Marc) (Entered: 08/04/2016) | |||
| 2016-08-08 | 18 | 0 | ORDER. The Court has received the notice of acceptance of Rule 68 offer of judgment and the attached offer of judgment, which were filed on August 4, 2016. Dkt. No. 17. The Court observes that offer of judgment states that it "may only be accepted up to and including June 9, 2016," but that it was signed by counsel for Plaintiffs on July 7, 2016. Accordingly, the parties are directed to submit via ECF a stipulation signed by both parties confirming that the offer of judgment remained open until and including July 7, 2016, the date on which it was signed by Plaintiffs. (HEREBY ORDERED by Judge Gregory H. Woods on August 8, 2016) (Text Only Order)(Woods, Gregory) (Entered: 08/08/2016) | |||
| 2016-08-12 | 19 | 0 | JOINT LETTER MOTION to Adjourn Conference sine die in light of the parties' agreement in principle to settle this matter without further litigation addressed to Judge Gregory H. Woods from Marc A. Cannan dated August 12, 2016. Document filed by Ricardo Russell(on behalf of all others similarly situated), Ricardo Russell(on his individual behalf ), Robert Vilella(on his individual behalf ), Robert Vilella(on behalf of all others similarly situated). (Attachments: # 1 Exhibit A: Stipulation re. Plaintiffs' acceptance of Defendants' Rule 68 Offer)(Cannan, Marc) (Entered: 08/12/2016) | |||
| 2016-08-15 | 20 | 0 | MEMO ENDORSEMENT on 17 NOTICE of Acceptance with Offer of Judgment; terminating 19 Letter Motion to Adjourn Conference. ENDORSEMENT: Plaintiffs have accepted an offer of judgment under Rule 68(a). All parties confirmed in a stipulation dated August 11, 2016, the Plaintiffs orally accepted Defendants' Rule 68 offer of judgment while the offer was still open. Dkt. No. 19. The Clerk of Court is directed to enter judgment in favor of plaintiff as outlined in the offer of judgment, see Dkt. No. 17-1, and to close this case. (Signed by Judge Gregory H. Woods on 8/15/2016) (tro) (Entered: 08/16/2016) | |||
| 2016-08-16 | 21 | 0 | CLERK'S JUDGMENT: That pursuant to the Offer of Judgment dated May 26, 2016 and the Court's Order dated August 15, 2016, judgment is entered against the City of New York in this action for the total sum of TEN THOUSAND AND TWO DOLLARS ($10,002.00), to be split by the plaintiffs, plus reasonable attorneys' fees, expenses, and costs to the date of the offer for the federal claims of plaintiffs Ricardo Russell, and Robert Vilella; This judgment shall be in full satisfaction of all federal and state law claims or rights that plaintiffs Ricardo Russell and Robert Vilella may have to damages, or any other form of relief, arising out of the alleged acts or omissions of defendant City or any official, employee, or agent, either past or present, of the City of New York, or any agency thereof, in connection with the facts and circumstances that are the subject of this action; This judgment is made for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure and is not to be construed as an admission of liability by any defendant or any official, employee, or agent of the City of New York, or any agency thereof nor is it an admission that plaintiffs have suffered any damages; This judgment will act to release and discharge defendants; their successors or assigns; and all past and present officials, employees, representatives, and agents of the City of New York, or any agency thereof, from any and all claims that were or could have been alleged by plaintiffs Ricardo Russell and Robert ViIella arising out of the facts and circumstances that are the subject of this action; this judgment also will operate to waive the right of plaintiffs Ricardo Russell and Robert Vilella to any claim for interest on the amount of the judgment; Plaintiffs Ricardo Russell and Robert Vilella agree that payment of the total sum of Ten Thousand and Two ($10,002.00) Dollars within ninety (90) days of the date of acceptance of the offer shall be a reasonable time for such payment, unless any plaintiff received medical treatment in connection with the underlying claims in this case for which Medicare has provided, or will provide, payment in full or in part; If any of the plaintiffs, Ricardo Russell and Robert Vilella, are Medicare recipients who received medical treatment in connection with the claims in this case, the ninety (90) day period for payment shall start to run from the date plaintiffs submit to counsel for defendant a final demand letter from Medicare; Plaintiffs Ricardo Russell andRobert Vilella agree to resolve any claim that Medicare may have for reimbursement of conditional payments it has made as secondary payer, and a Medicare Set-Aside Trust shall be created, if required by 42 U.S.C. § 1395y(b) and 42 C.F.R. §§ 411.22 through 411.26; Plaintiffs Ricardo Russell and Robert Vilella further agree to hold harmless defendant City and all past and present officials, employees, representatives and agents of the City of New York, or any agency thereof, regarding any past and/or future Medicare payments, presently known or unknown, made in connection with this matter; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/16/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 08/16/2016) |