| Court: | nysd |
| Docket #: | 1:15-cv-09214 |
| Case Name: | Corbett v. City Of New York et al |
| PACER case #: | 450467 |
| Date filed: | 2015-11-23 |
| Assigned to: | Judge Gregory H. Woods |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Jonathan Corbett Plaintiff |
Jonathan Corbett |
| City Of New York Defendant |
Eviana Linnea Frances Englert Philip Sebastian Frank |
| Officer Does 1-4 Defendant TERMINATED: 03/29/2016 |
|
| Roberto More Defendant Shield #934008 |
Eviana Linnea Frances Englert |
| Michael Aherne Defendant Shield #01073 |
Eviana Linnea Frances Englert |
| Bryan Gillis Defendant |
Eviana Linnea Frances Englert |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-11-23 | 1 | 0 | COMPLAINT against City Of New York, Does 1-4. (Filing Fee $ 400.00, Receipt Number 465401139664)Document filed by Jonathan Corbett.(dgo) (Entered: 11/25/2015) | 2017-02-20 15:54:50 | d742632367a79cedb3719807a89dfd7cd3e5f5f6 | |
| 2015-11-30 | 3 | 0 | VALENTIN ORDER: Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the New York Police Department to identify the John/Jane Doe officers from the Midtown South Precinct who were involved in Plaintiff's detention on February 7, 2015specifically, the supervising officer who ordered that Plaintiff be detained, the officer who transported him to the precinct, and the two detectives who questioned him at the precinct. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the New York City Police Department, shall ascertain the identity of the John/Jane Doe defendants whom Plaintiff seeks to sue here and the addresses where these defendants may be served. The New York City Law Department shall provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John/Jane Doe defendants. Once Plaintiff has filed an amended complaint, the Clerk of Court will, if necessary, send instructions to Plaintiff to effect service on the named John/Jane Doe defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. The Clerk of Court shall serve a copy of this order and the complaint on the New York City Law Department at: 100 Church Street New York, New York 10007. The Court certifies under 28 U.S.C. ยง 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Gregory H. Woods on 11/30/2015) (mro) (Entered: 12/01/2015) | |||
| 2015-12-02 | 4 | 0 | MOTION FOR LEAVE TO FILE ELECTRONICALLY; re: for Permission for Jonathan Corbett to participate in electronic case filing in this case. Document filed by Jonathan Corbett.(sc) (Entered: 12/03/2015) | |||
| 2015-12-07 | 5 | 0 | ORDER denying without prejudice 4 Motion for Permission for Electronic Case Filing. Plaintiff's motion for leave to file electronically, ECF No. 4, is DENIED without prejudice. If Plaintiff would like to participate in this case as an ECF user he must (1) complete and return to the Pro Se Office the Consent & Registration Form to Receive Documents Electronically, attached to this order as Exhibit A, and (2) complete the form Motion for Permission for Electronic Case Filing, attached to this order as Exhibit B. The Clerk of Court is directed to terminate the motion pending at Dkt. 4. (Signed by Judge Gregory H. Woods on 12/7/2015) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (kko) (Entered: 12/07/2015) | |||
| 2015-12-15 | 6 | 0 | FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Philip S. Frank dated December 15, 2015. Document filed by City Of New York. (Attachments: # 1 Affidavit of Service)(Frank, Philip) (Entered: 12/15/2015) | |||
| 2015-12-15 | 7 | 0 | ORDER granting 6 Letter Motion for Extension of Time to Answer. Application granted. The City's deadline to answer or otherwise respond to the complaint is extended to February 15, 2016. The Clerk of Court is directed to terminate the motion pending at Dkt. 6. City Of New York answer due 2/15/2016. (Signed by Judge Gregory H. Woods on 12/15/2015) (lmb) (Entered: 12/15/2015) | |||
| 2015-12-16 | 8 | 0 | MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING: re: for Permission for Jonathan W. Corbett to participate in electronic case filing in this case. Document filed by Jonathan Corbett.(sc) (Entered: 12/17/2015) | |||
| 2015-12-18 | 9 | 0 | ORDER granting 8 Motion for Permission for Electronic Case Filing. Plaintiff's motion for permission for electronic case filing, Dkt. 8, is granted. The Clerk of Court is directed to designate this matter as an ECF case. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 12/18/2015) | |||
| 2015-12-28 | 10 | 0 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/19/2016 at 10:00 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 12/28/2015) (cf) (Entered: 12/28/2015) | |||
| 2016-01-15 | 11 | 0 | RULE 26(f) DISCOVERY PLAN REPORT.Document filed by City Of New York. (Attachments: # 1 Affidavit of Service)(Frank, Philip) (Entered: 01/15/2016) | |||
| 2016-01-15 | 12 | 0 | LETTER MOTION for Conference wherein defendant intends to request permission to move to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) addressed to Judge Gregory H. Woods from Philip S. Frank dated January 15, 2016. Document filed by City Of New York.(Frank, Philip) (Entered: 01/15/2016) | |||
| 2016-01-19 | 13 | 0 | SUMMONS RETURNED EXECUTED. Summons and Complaint served. City Of New York served on 11/27/2015, answer due 12/18/2015. Service was accepted by unnamed receiving clerk at New York City Law Dept., 100 Church Street, New York, New York 10007. Document filed by Jonathan Corbett. (sc) (Entered: 01/19/2016) | |||
| 2016-01-20 | 14 | 0 | ORDER granting 12 Letter Motion for Conference. Defendants' request for a pre-motion conference, Dkt. 12, is granted and was held during the initial pretrial conference on January 19, 2016. As discussed during that conference, the parties expect that Plaintiff will file an Amended Complaint once the identities of all of the John Doe officer defendants are ascertained. Defendants' motion to dismiss is due no later than 21 days after service of the Amended Complaint. Plaintiff's opposition is due 21 days after service of the motion to dismiss, and Defendants' reply, if any, is due 14 days after service of Plaintiff's opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 01/20/2016) | |||
| 2016-01-27 | 15 | 0 | LETTER addressed to Judge Gregory H. Woods from Philip S. Frank dated January 27, 2016 re: defendant's response to the Courts Order, dated November 30, 2015, pursuant to Valentin v. Dinkins. Document filed by City Of New York.(Frank, Philip) (Entered: 01/27/2016) | |||
| 2016-01-28 | 16 | 0 | ORDER. Defendant's request for an extension of time to comply with this Court's November 30, 2015 order is granted. The City is directed to identify the remaining John Doe defendant and provide all necessary service addresses by February 19, 2016. (HEREBY ORDERED by Judge Gregory H. Woods on January 28, 2016) (Text Only Order) (Woods, Gregory) (Entered: 01/28/2016) | |||
| 2016-02-04 | 17 | 0 | TRANSCRIPT of Proceedings re: Conference held on 1/19/2016 before Judge Gregory H. Woods. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (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 2/29/2016. Redacted Transcript Deadline set for 3/10/2016. Release of Transcript Restriction set for 5/9/2016.(McGuirk, Kelly) (Entered: 02/04/2016) | |||
| 2016-02-04 | 18 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/19/2016 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: 02/04/2016) | |||
| 2016-02-19 | 19 | 0 | LETTER addressed to Judge Gregory H. Woods from Philip S. Frank dated February 19, 2016 re: the Courts Order, dated November 30, 2015, pursuant to Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997). Document filed by City Of New York.(Frank, Philip) (Entered: 02/19/2016) | |||
| 2016-02-19 | 20 | 0 | MEMO ENDORSEMENT on re: 19 Letter, filed by City Of New York. ENDORSEMENT: Application denied. The City suggests that filler photos must be used to ensure a reliable identification procedure. But "[t]he federal rules governing civil discovery do not authorize imposition of such a requirement...." Castro v. City of New York, 1995 WL 699730, *1 (S.D.N.Y. Nov. 28, 1995) (Dollinger, M.J.). The Court understands that Mr. Corbett consents to viewing the four photographs at Corporation Counsel's office and that identification will proceed in that manner. (Signed by Judge Gregory H. Woods on 2/19/2016) (mro) (Entered: 02/22/2016) | |||
| 2016-03-08 | 21 | 0 | NOTICE OF APPEARANCE by Eviana Linnea Frances Englert on behalf of City Of New York. (Englert, Eviana) (Entered: 03/08/2016) | |||
| 2016-03-29 | 22 | 0 | FIRST AMENDED COMPLAINT amending 1 Complaint against City Of New York, Roberto More, Michael Aherne, Bryan Gillis with JURY DEMAND.Document filed by Jonathan Corbett. Related document: 1 Complaint filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 03/29/2016) | 2016-04-26 14:09:49 | 655d18feab487784325d22c1b1dbcab258ccca97 | |
| 2016-03-30 | 23 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Roberto More, re: 22 Amended Complaint,. Document filed by Jonathan Corbett. (Corbett, Jonathan) (Entered: 03/30/2016) | |||
| 2016-03-30 | 24 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Bryan Gillis, re: 22 Amended Complaint,. Document filed by Jonathan Corbett. (Corbett, Jonathan) (Entered: 03/30/2016) | |||
| 2016-03-30 | 25 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to Michael Aherne, re: 22 Amended Complaint,. Document filed by Jonathan Corbett. (Corbett, Jonathan) (Entered: 03/30/2016) | |||
| 2016-04-19 | 26 | 0 | MOTION to Dismiss the Amended Complaint. Document filed by City Of New York.(Englert, Eviana) (Entered: 04/19/2016) | |||
| 2016-04-19 | 27 | 0 | NOTICE of Motion Pursuant to Local Civil Rule 12.1 re: 26 MOTION to Dismiss the Amended Complaint.. Document filed by City Of New York. (Englert, Eviana) (Entered: 04/19/2016) | |||
| 2016-04-19 | 28 | 0 | DECLARATION of Eviana Englert in Support re: 26 MOTION to Dismiss the Amended Complaint.. Document filed by City Of New York. (Attachments: # 1 Exhibit A)(Englert, Eviana) (Entered: 04/19/2016) | |||
| 2016-04-19 | 29 | 0 | MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss the Amended Complaint. . Document filed by City Of New York. (Englert, Eviana) (Entered: 04/19/2016) | |||
| 2016-04-19 | 30 | 0 | ELECTRONIC SUMMONS ISSUED as to Michael Aherne. (pc) (Entered: 04/19/2016) | |||
| 2016-04-19 | 31 | 0 | ELECTRONIC SUMMONS ISSUED as to Roberto More. (pc) (Entered: 04/19/2016) | |||
| 2016-04-19 | 32 | 0 | ELECTRONIC SUMMONS ISSUED as to Bryan Gillis. (pc) (Entered: 04/19/2016) | |||
| 2016-04-20 | 33 | 0 | ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by May 10, 2016. If plaintiff chooses to amend the complaint, plaintiff shall additionally submit on ECF a letter attaching a document that shows the changes made between the original and amended complaints, i.e., a blackline or track-changes version of the complaint. If plaintiff does amend, by May 31, 2016, the City shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that it relies on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by May 10, 2016. The City's reply, if any, shall be served by May 17, 2016. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007. (Amended Pleadings due by 5/10/2016. Motions due by 5/31/2016.) (Signed by Judge Gregory H. Woods on 4/20/2016) (kko) (Entered: 04/20/2016) | |||
| 2016-05-10 | 34 | 0 | RESPONSE in Opposition to Motion re: 26 MOTION to Dismiss the Amended Complaint. . Document filed by Jonathan Corbett. (Corbett, Jonathan) (Entered: 05/10/2016) | |||
| 2016-05-17 | 35 | 0 | REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss the Amended Complaint. . Document filed by City Of New York. (Englert, Eviana) (Entered: 05/17/2016) | |||
| 2016-05-27 | 36 | 0 | ANSWER to 22 Amended Complaint, with JURY DEMAND. Document filed by Michael Aherne, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 05/27/2016) | |||
| 2016-05-28 | 37 | 0 | MOTION to Strike Document No. 36 Answer of Officer Defendants and Request for Pre-Motion Conference. Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 05/28/2016) | |||
| 2016-05-31 | 38 | 0 | ORDER. Plaintiff's request for a pre-motion conference is granted. The Court will hold a telephone conference in this case on June 1, 2016 at 2:00 p.m. The parties are directed to call Chambers (212-805-0296) jointly at that time. (HEREBY ORDERED by Judge Gregory H. Woods on May 31, 2016) (Text Only Order)(Woods, Gregory) (Entered: 05/31/2016) | |||
| 2016-06-01 | 39 | 0 | ORDER. As discussed on the record during the telephone conference held June 1, 2016, the parties are directed to confer and submit an updated proposed Case Management Plan and Scheduling Order governing discovery with respect to the individual defendants in this case no later than June 10, 2016. At the same time, the parties should submit a joint cover letter describing the discovery they anticipate taking with respect to the individual defendants; if Mr. Corbett chooses, the joint letter may also describe the Monell discovery he anticipates in the event that discovery moves forward on his Monell claim. (HEREBY ORDERED by Judge Gregory H. Woods on June 1, 2016) (Text Only Order)(Woods, Gregory) (Entered: 06/01/2016) | |||
| 2016-06-10 | 40 | 0 | LETTER addressed to Judge Gregory H. Woods from Eviana Englert dated June 10, 2016 re: joint submission of discovery the parties anticipate taking with respect to the individual parties, and updated Case Management Plan and Scheduling Order. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Attachments: # 1 Exhibit A)(Englert, Eviana) (Entered: 06/10/2016) | |||
| 2016-06-12 | 41 | 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 James L. Cott. (Signed by Judge Gregory H. Woods on 6/12/2016) (mro) (Entered: 06/13/2016) | |||
| 2016-06-12 | 42 | 0 | CIVIL CASE MANAGEMENT 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. 636(c). Motions for summary judgment, if any, shall be filed no later than 11/10/2016. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 10/11/2016. All Fact Discovery shall be completed no later than 10/11/2016. Status Conference set for 10/19/2016 at 04:00 PM before Judge Gregory H. Woods. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 1 day. (Signed by Judge Gregory H. Woods on 6/12/2016) (mro) (Entered: 06/13/2016) | |||
| 2016-06-14 | 43 | 0 | ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 8/5/2016 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 6/14/2016) (kgo) (Entered: 06/14/2016) | |||
| 2016-06-20 | 44 | 0 | LETTER MOTION for Extension of Time to File Defendants' Amended Answer to the Amended Complaint addressed to Judge Gregory H. Woods from Eviana Englert dated June 20, 2016. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 06/20/2016) | |||
| 2016-06-21 | 45 | 0 | ORDER granting 44 Letter Motion for Extension of Time. Defendants' request for an extension of time to file their Amended Answer is granted. The deadline for Defendants' to file their Amended Answer is extended to June 30, 2016. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 06/21/2016) | |||
| 2016-06-30 | 46 | 0 | AMENDED ANSWER to 22 Amended Complaint, with JURY DEMAND. Document filed by Michael Aherne, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 06/30/2016) | |||
| 2016-06-30 | 47 | 0 | STATUS REPORT. Regarding Rule 11 & 12 Motions per Court Conference + Additional Issues Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 06/30/2016) | |||
| 2016-07-01 | 48 | 0 | ORDER. The Court has received Plaintiff's letter dated June 30, 2016, requesting a pre-motion conference and raising certain discovery issues. The Court will hold a telephone conference regarding the issues raised in the letter on July 7, 2016 at 4:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Signed by Judge Gregory H. Woods on July 1, 2016) (Woods, Gregory) (Entered: 07/01/2016) | |||
| 2016-07-06 | 49 | 0 | LETTER addressed to Judge Gregory H. Woods from Eviana Englert dated July 6, 2016 re: plaintiff's purported motion to strike, dated May 28, 2016, and plaintiff's status letter, dated June 30, 2016. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 07/06/2016) | |||
| 2016-07-12 | 50 | 0 | ORDER withdrawing 37 Motion to Strike. As discussed during the telephone conference held on the record on July 7, 2016, Plaintiff has withdrawn his motion to strike Defendants' original Answer, Dkt. 37. If Plaintiff wishes to file a motion to strike the Amended Answer he must do so no later than July 21, 2016. Defendants' opposition is due no later than three weeks from the date of service of Plaintiff's motion, and Plaintiff's reply, if any, is due one week from the date of service of the opposition. Discovery on Plaintiff's Monell claim is stayed pending the resolution of Defendants' motion to dismiss that claim. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 07/12/2016) | |||
| 2016-07-21 | 51 | 0 | MOTION to Strike Document No. 46 . Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 07/21/2016) | |||
| 2016-08-04 | 52 | 0 | ORDER. The Court thanks the parties for working together to submit their proposed protective order for discovery in this case. The parties are directed to consult the Court's Individual Rule 4.C and to submit a proposed protective order that complies with that rule. (HEREBY ORDERED by Judge Gregory H. Woods on August 4, 2016) (Text Only Order) (Woods, Gregory) (Entered: 08/04/2016) | |||
| 2016-08-11 | 53 | 0 | DECLARATION of Eviana Englert in Opposition re: 51 MOTION to Strike Document No. 46 .. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Englert, Eviana) (Entered: 08/11/2016) | |||
| 2016-08-11 | 54 | 0 | MEMORANDUM OF LAW in Opposition re: 51 MOTION to Strike Document No. 46 . . Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 08/11/2016) | |||
| 2016-08-19 | 55 | 0 | REPLY to Response to Motion re: 51 MOTION to Strike Document No. 46 . . Document filed by Jonathan Corbett. (Corbett, Jonathan) (Entered: 08/19/2016) | |||
| 2016-09-27 | 56 | 0 | LETTER MOTION for Discovery To Admit Court Reporter Into SDNY Building addressed to Judge Gregory H. Woods from Jonathan Corbett dated 09/27/2016. Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 09/27/2016) | |||
| 2016-09-27 | 57 | 0 | ORDER denying without prejudice 56 Letter Motion for Discovery. Application denied without prejudice to submit to the Orders and Judgments Clerk a Fillable Form for Electronic Devices, which can be found at http://www.nysd.uscourts.gov/file/forms/standing-order-electronic-devices-form. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 56. (Signed by Judge Gregory H. Woods on 9/27/2016) (mro) (Entered: 09/28/2016) | |||
| 2016-09-28 | 58 | 0 | LETTER addressed to Judge Gregory H. Woods from Eviana Englert dated September 28, 2016 re: submission of the parties, pursuant to the Court's Order, dated August 4, 2016, and Your Honor's Individual Rules of Practice in Civil Cases, of a proposed protective order for the Court's endorsement and filing. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Englert, Eviana) (Entered: 09/28/2016) | |||
| 2016-09-29 | 59 | 0 | STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Gregory H. Woods on 9/29/2016) (kko) (Entered: 09/29/2016) | |||
| 2016-09-29 | 60 | 0 | JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Eviana Englert dated September 29, 2016. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 09/29/2016) | |||
| 2016-09-30 | 61 | 0 | ORDER granting 60 Letter Motion for Extension of Time to Complete Discovery. The parties request for an extension of time to complete discovery, Dkt. No. 60, is granted. The deadline for the completion of all discovery is extended to December 12, 2016. The deadline for submission of motions for summary judgment, if any, is extended to January 12, 2017. The status conference scheduled for October 19, 2016 is adjourned to December 22, 2016 at 3:30 p.m. The joint status letter requested in the case management plan and scheduling order entered on June 12, 2016, Dkt. No. 42, is due no later than December 15, 2016. Except as expressly modified by this order, the case management plan entered by the Court on June 12, 2016, Dkt. No. 42, remains in full force and effect. The parties should not expect further extensions of time. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 09/30/2016) | |||
| 2016-10-07 | 62 | 0 | MOTION to Amend/Correct 22 Amended Complaint, to file Second Amended Complaint. Document filed by Jonathan Corbett. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint with Change Tracking)(Corbett, Jonathan) (Entered: 10/07/2016) | |||
| 2016-10-17 | 63 | 0 | ORDER. The Court will hold a telephone conference with respect to plaintiff's motion for leave to file a second amended complaint on October 19, 2016 at 10:30 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on October 17, 2016) (Text Only Order)(Woods, Gregory) (Entered: 10/17/2016) | |||
| 2016-10-19 | 64 | 0 | ORDER granting 62 Motion to Amend/Correct. As stated during the telephone conference held on October 19, 2016, Plaintiff's unopposed motion for leave to file a second amended complaint is granted. Plaintiff is directed to file his second amended complaint no later than October 20, 2016. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 10/19/2016) | |||
| 2016-10-19 | 65 | 0 | SECOND AMENDED COMPLAINT amending 22 Amended Complaint, against Michael Aherne, City Of New York, Bryan Gillis, Roberto More with JURY DEMAND.Document filed by Jonathan Corbett. Related document: 22 Amended Complaint, filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 10/19/2016) | |||
| 2016-10-19 | 66 | 0 | ORDER withdrawing 26 Motion to Dismiss. As stated on the record during the telephone conference held on October 19, 2016, the Court grants the City leave to file a motion to dismiss the second amended complaint. Because that motion will supplant the motion to dismiss filed on April 19, 2016, the City's April 19, 2016 motion is withdrawn. The City's motion to dismiss the second amended complaint is due no later than November 2, 2016. The opposition is due no later than one week following service of the motion. The reply, if any, is due no later than one week following service of the opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 10/19/2016) | |||
| 2016-10-30 | 67 | 0 | LETTER MOTION for Discovery Endorsement of Subpoena addressed to Judge Gregory H. Woods from Jonathan Corbett dated October 30th, 2016. Document filed by Jonathan Corbett. (Attachments: # 1 Exhibit Subpoena)(Corbett, Jonathan) (Entered: 10/30/2016) | |||
| 2016-11-02 | 68 | 0 | ANSWER to 65 Amended Complaint, with JURY DEMAND. Document filed by Michael Aherne, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 11/02/2016) | |||
| 2016-11-02 | 69 | 0 | MOTION to Dismiss against defendant City of New York. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. Responses due by 11/9/2016(Englert, Eviana) (Entered: 11/02/2016) | |||
| 2016-11-02 | 70 | 0 | NOTICE of Motion to Pro Se Litigant Opposing Rule 12 Motion re: 69 MOTION to Dismiss against defendant City of New York.. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Attachments: # 1 Appendix)(Englert, Eviana) (Entered: 11/02/2016) | |||
| 2016-11-02 | 71 | 0 | DECLARATION of Eviana Englert in Support re: 69 MOTION to Dismiss against defendant City of New York.. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Attachments: # 1 Exhibit A)(Englert, Eviana) (Entered: 11/02/2016) | |||
| 2016-11-02 | 72 | 0 | MEMORANDUM OF LAW in Support re: 69 MOTION to Dismiss against defendant City of New York. . Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 11/02/2016) | |||
| 2016-11-04 | 73 | 0 | ORDER withdrawing 51 Motion to Strike. On November 2, 2016, Defendants filed an answer to Plaintiff's second amended complaint. Dkt. No. 68. That answer supplants the answer filed by Defendants on June 30, 2016, Dkt. No. 46. Accordingly, Plaintiff's July 21, 2016 motion to strike, Dkt. No. 51, is withdrawn. If Plaintiff wishes to file a motion to strike the amended answer, he must do so no later than November 23, 2016. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 11/04/2016) | |||
| 2016-11-04 | 74 | 0 | ORDER denying without prejudice 67 Letter Motion for Discovery. As stated on the record during a telephone conference held on November 2, 2016, Plaintiff's motion for endorsement of subpoena, Dkt. No. 67, is denied without prejudice. Plaintiff may submit a new motion for endorsement of a subpoena that is narrowed in scope as discussed during the telephone conference. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 11/04/2016) | |||
| 2016-11-04 | 75 | 0 | AMENDED LETTER MOTION for Discovery Endorsement of Subpoena addressed to Judge Gregory H. Woods from Jonathan Corbett dated 11/04/2016. Document filed by Jonathan Corbett. (Attachments: # 1 Exhibit - Subpoena)(Corbett, Jonathan) (Entered: 11/04/2016) | |||
| 2016-11-09 | 76 | 0 | RESPONSE in Opposition to Motion re: 69 MOTION to Dismiss against defendant City of New York. . Document filed by Jonathan Corbett. (Attachments: # 1 Exhibit A - Deposition of More, # 2 Exhibit B - Deposition of Aherne, # 3 Exhibit C - Deposition of Gillis)(Corbett, Jonathan) (Entered: 11/09/2016) | |||
| 2016-11-09 | 77 | 0 | STATUS REPORT. Re: Motion to Strike Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 11/09/2016) | |||
| 2016-11-16 | 78 | 0 | REPLY MEMORANDUM OF LAW in Support re: 69 MOTION to Dismiss against defendant City of New York. . Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 11/16/2016) | |||
| 2016-12-14 | 79 | 0 | STATUS REPORT. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 12/14/2016) | |||
| 2016-12-18 | 80 | 0 | LETTER MOTION for Conference before Motion for Summary Judgment addressed to Judge Gregory H. Woods from Jonathan Corbett dated 12/18/2016. Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 12/18/2016) | |||
| 2016-12-19 | 81 | 0 | ORDER granting 80 LETTER MOTION for Conference before Motion for Summary Judgment addressed to Judge Gregory H. Woods from Jonathan Corbett dated 12/18/2016. Document filed by Jonathan Corbett. Application granted. The Court will hold a conference to discuss Plaintiff's proposed motion for summary judgment during the conference scheduled to take place on December 22, 2016. So ordered. (Signed by Judge Gregory H. Woods on 12/19/2016) (rjm) (Entered: 12/19/2016) | |||
| 2016-12-19 | 82 | 0 | LETTER MOTION for Conference regarding defendants' anticipated motion for summary judgment addressed to Judge Gregory H. Woods from Eviana Englert dated December 19, 2016. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More.(Englert, Eviana) (Entered: 12/19/2016) | |||
| 2016-12-20 | 83 | 0 | ORDER granting 82 LETTER MOTION for Conference regarding defendants' anticipated motion for summary judgment addressed to Judge Gregory H. Woods from Eviana Englert dated December 19, 2016. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. Application granted. The Court will hold a conference to discuss Defendants' anticipated motion for summary judgment during the conference scheduled to take place on December 22, 2016. So ordered. (Signed by Judge Gregory H. Woods on 12/20/2016) (rjm) (Entered: 12/20/2016) | |||
| 2016-12-22 | 84 | 0 | ORDER. As stated on the record during the conference held on December 22, 2016, both parties are granted leave to file motions for summary judgment. Each party's motion for summary judgment is due no later than January 23, 2017. Each party's opposition is due no later than three weeks after the date of service of the respective motion. Each party's reply, if any, is due no later than one week after the date of service of the respective opposition. (HEREBY ORDERED by Judge Gregory H. Woods on December 22, 2016) (Text Only Order)(Woods, Gregory) (Entered: 12/22/2016) | |||
| 2016-12-22 | 85 | 0 | MEMORANDUM OPINION AND ORDER re: 69 MOTION to Dismiss against defendant City of New York filed by City Of New York, Bryan Gillis, Michael Aherne, Roberto More. For the foregoing reasons, the City's partial motion to dismiss the Second Amended Complaint is GRANTED. Count 1 of Plaintiff's Second Amended Complaint is dismissed without prejudice, with leave to amend within thirty days. Count 2 of Plaintiff's Second Amended Complaint is dismissed with prejudice. Defendants' motion to bifurcate Monell discovery is DENIED as moot. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 69. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Gregory H. Woods on 12/22/2016) (mro) (Entered: 12/23/2016) | |||
| 2017-01-07 | 86 | 0 | STATUS REPORT. Re: Plaintiff's Motion for Summary Judgment Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 01/07/2017) | |||
| 2017-01-10 | 87 | 0 | MOTION to Dismiss Count 24 under Fed. R. Civ. P Rule 41. Document filed by Jonathan Corbett.(Corbett, Jonathan) (Entered: 01/10/2017) | |||
| 2017-01-13 | 88 | 0 | ORDER. The Court will hold a telephone conference to discuss Plaintiff's motion to dismiss count 24 of his second amended complaint, Dkt. No. 87, on January 17, 2017 at 2:00 pm. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on January 13, 2017) (Text Only Order)(Woods, Gregory) (Entered: 01/13/2017) | |||
| 2017-01-17 | 89 | 0 | ORDER. For the reasons stated on the record during the telephone conference held on January 17, 2017, Plaintiff's motion to voluntarily dismiss count 24 of his second amended complaint pursuant to Fed. R. Civ. P. 41(a)(2), Dkt. No. 87, is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 87. SO ORDERED. Denying 87 Motion to Dismiss. (Signed by Judge Gregory H. Woods on 1/17/2017) (rjm) (Entered: 01/17/2017) | |||
| 2017-01-23 | 90 | 0 | MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Document filed by Michael Aherne, Bryan Gillis, Roberto More. Responses due by 2/13/2017(Englert, Eviana) (Entered: 01/23/2017) | |||
| 2017-01-23 | 91 | 0 | NOTICE of Motion Pursuant to Local Civil Rule 56.2 re: 90 MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.. Document filed by Michael Aherne, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 01/23/2017) | |||
| 2017-01-23 | 92 | 0 | RULE 56.1 STATEMENT. Document filed by Michael Aherne, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 01/23/2017) | |||
| 2017-01-23 | 93 | 0 | DECLARATION of Eviana Englert in Support re: 90 MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.. Document filed by Michael Aherne, Bryan Gillis, Roberto More. (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)(Englert, Eviana) (Entered: 01/23/2017) | |||
| 2017-01-23 | 94 | 0 | MEMORANDUM OF LAW in Support re: 90 MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. . Document filed by Michael Aherne, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 01/23/2017) | |||
| 2017-02-08 | 95 | 0 | RESPONSE in Opposition to Motion re: 90 MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. . Document filed by Jonathan Corbett. (Attachments: # 1 Exhibit A - Corbett Decl., # 2 Exhibit B - Deposition of Ahearne, # 3 Exhibit C - Deposition of Gillis, # 4 Exhibit D - Deposition of More, # 5 Local Rule 56.1 Statement)(Corbett, Jonathan) (Entered: 02/08/2017) | |||
| 2017-02-14 | 96 | 0 | NOTICE of Motion (Revised) re: 90 MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.. Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 02/14/2017) | |||
| 2017-02-14 | 97 | 0 | REPLY MEMORANDUM OF LAW in Support re: 90 MOTION for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. . Document filed by Michael Aherne, City Of New York, Bryan Gillis, Roberto More. (Englert, Eviana) (Entered: 02/14/2017) |