Ottey-Bey v. Scheublin et al
New York Eastern District Court | |
Judge: | Ramon E Reyes, Jr |
Referred: | Lois Bloom |
Case #: | 1:22-cv-03019 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 42:1983 Civil Rights Act |
Case Filed: | May 23, 2022 |
Terminated: | Mar 26, 2025 |
Last checked: Saturday Nov 19, 2022 3:54 AM EST |
Defendant
Nicholas Konner
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Defendant
Nico Martino
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Represented By
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Defendant
James McCormack
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Represented By
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Defendant
New York City Police Department
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Represented By
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Defendant
Yildy Perez-Morales
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Represented By
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Defendant
Jeremy Scheublin
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Defendant
Anthony Taccetta
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Represented By
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Interested Party
New York City Law Department Office of Corporation Counsel
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Represented By
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Plaintiff
Kevin K. Ottey-Bey
361 Kosciuszko Street
Brooklyn, NY 11221 |
Docket last updated: 3 hours ago |
Wednesday, March 26, 2025 | ||
39 | 39
![]() CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Kevin Ottey-Bey take nothing of Defendants Jeremy Scheublin, Anthony Taccetta, Yildy Perez-Morales, Nico Martino, Nicholas Konner, James McCormack, and New York City Police Department; that this case is dismissed without prejudice for failure to comply with Court Orders; and that this case is closed. Ordered by Clerk of Court on 3/26/2025. (JT) |
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38 | 38
![]() ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Therefore, it is ordered that the R&R is adopted in its entirety, and this action is dismissed without prejudice. The Clerk of Court is directed to enter judgment in favor of defendants and to closethis case. Ordered by Judge Ramon E. Reyes, Jr on 3/25/2025. (ENE) |
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Friday, March 07, 2025 | ||
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![]() REPORT AND RECOMMENDATION: Plaintiff Kevin Ottey-Bey, proceeding pro se brings this civil rights action against the New York City Police Department and individual New York City Police Department Officers Jeremy Scheublin, Anthony Taccetta, Yildy Perez-Morales, Nico Martino, Nicholas Konner, James McCormack, alleging a violation of his constitutional rights. For the reasons set forth in the enclosed Report and Recommendation, the Court recommends that this matter should be dismissed for failure to comply with Court Orders pursuant to Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A)(v). See attached Report & Recommendation. Objections to R&R due by 3/21/2025. Ordered by Magistrate Judge Lois Bloom on 3/7/2025. (GKD) |
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Thursday, February 13, 2025 | ||
minutes
Status Conference
Thu 02/13 1:25 PM
Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Status Conference held on 2/13/2025. Plaintiff failed to appear; Mary Anderson appeared on behalf of defendants. (FTR Log #10:06-10:11.) (GKD) |
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Tuesday, February 11, 2025 | ||
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![]() "NOTICE of Appearance, Validation Notice NY CPLR Rule 5(b)(2)(d) ", filed by Kevin K. Ottey-Bey. (VRM) |
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Wednesday, January 29, 2025 | ||
35 | 35
![]() ORDER: The Court held an initial conference in pro se plaintiff's civil rights action on January 28, 2025. Assistant Corporation Counsel Mary Jane Anderson appeared on behalf of defendants. Plaintiff failed to appear at the conference without notice to defendants' counsel or to the Court. This is plaintiff's case to vindicate his rights. When a party "fails to appear at a scheduling or other pretrial conference," courts have the authority to "issue any just orders." Fed. R. Civ. P. 16(f). This includes dismissing the complaint for a party's failure to comply with a Court order. Fed. R. Civ. P. 37(b)(2)(A)(v). Here, plaintiff failed to appear at the Court's initial conference. The Court and defendants' counsel waited more than thirty minutes after the conference was scheduled for plaintiff to appear. If plaintiff has decided that he does not wish to pursue this action, he should voluntarily discontinue the case by writing to the Court. The Court shall provide plaintiff another opportunity to appear in this action. The Court shall hold another conference on February 13, 2025 at 9:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Plaintiff is warned that if he fails to timely appear at 9:30 a.m. on February 13, 2025, I shall recommend that this case should be dismissed. See Valentine v. Museum of Modern Art , 29 F.3d 47, 49 (2d Cir. 1994) ("The severe sanction of dismissal with prejudice may be imposed even against a plaintiff who is proceeding pro se , so long as warning has been given that noncompliance can result in dismissal."); see also Johnson v. New York City , 646 F. App'x 106, 107 (2d Cir. 2016) (summary order) (affirming dismissal of complaint as a sanction for plaintiff's failure to appear at two pre-trial conferences). Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. If defendants' counsel learns that plaintiff is currently in custody, defendants shall file a status letter with the Court by February 7, 2025, requesting the Court convert the in-person conference to a telephone conference. The Clerk of Court is respectfully directed to mail plaintiff a copy of this Order to plaintiff's address listed on the docket. Ordered by Magistrate Judge Lois Bloom on 1/29/2025. (FTR Log #3:05-3:12.) (JS) |
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Monday, January 27, 2025 | ||
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![]() DECLARATION of Service of the Court's January 7, 2025 Order (Anderson, Mary) |
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![]() NOTICE of Appearance by Mary Anderson on behalf of Anthony Taccetta, Yildy Perez-Morales, Nico Martino, James McCormack (aty to be noticed) (Anderson, Mary) |
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Tuesday, January 07, 2025 | ||
32 | 32
![]() ORDER: Plaintiff brings claims of false arrest, false imprisonment, excessive force, and conspiracy against defendants arising from his March 4, 2022 arrest. ECF No.1 . The Court granted defendants' motion to stay the civil case pending the final disposition of the criminal prosecution underlying this civil matter. ECF No.14 ; see also Wallace v. Kato , 549 U.S. 384, 39394 (2007) ("[I]t is within the power of the district court, and in accord with common practice, to stay the civil action until the criminal case... is ended"); see also Hicks v. City of New York , 268 F.Supp.2d 238, 242 (E.D.N.Y. 2003) ("Indeed, the strongest argument for granting a stay is where a party is under criminal indictment because proceeding in related civil and criminal proceedings could (1) undermine a party's Fifth Amendment privilege against self-incrimination; (2) expose the basis of a party's criminal defense in advance of trial; or (3) otherwise prejudice the criminal or civil case."). Corporation Counsel reports that plaintiff pled guilty to Attempted Criminal Possession of a Weapon in the Second Degree on June 11, 2024, ECF No. 31 , which is fatal to plaintiff's false arrest and false imprisonment claims. Heck v. Humphrey , 512 U.S. 477, 484 (1994). Presently before the Court is Corporation Counsel's request to continue the stay in the matter. ECF No. 31 . The Court is unsure why a stay would be proper when plaintiff's only potential claim is excessive force. The Court shall hold a conference in the matter on January 28, 2025 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Corporation Counsel shall serve a copy of this Order on plaintiff and file proof of service on the docket. Any request for an adjournment must be made on consent and electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 1/7/2025. (GKD) |
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Friday, June 28, 2024 | ||
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![]() STATUS REPORT regarding plaintiff's underlying criminal prosecution by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Weng, Jenny) |
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Friday, March 29, 2024 | ||
order
Scheduling Order
Fri 03/29 4:00 PM
ORDER: The Office of the Corporation Counsel (the "Office") requests to continue the stay in this matter; the request is granted. ECF No.30 . The Office reports that the hearing in plaintiff's criminal case scheduled for March 13, 2024 was adjourned pending finalization of the psychiatric evaluations necessary to determine plaintiff's mental fitness to stand trial. The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by June 28, 2024, or as soon as there has been a decision in the criminal proceeding, whichever is earlier. Corporation Counsel shall serve a copy of this Order on plaintiff and file proof of service forthwith. Ordered by Magistrate Judge Lois Bloom on 3/29/2024. (EW) |
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Thursday, March 28, 2024 | ||
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![]() STATUS REPORT Regarding Ongoing Nature of Plaintiff's Criminal Prosecution & Request to Continue Stay of this Civil Matter by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Difronzo, Luca) |
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Thursday, February 01, 2024 | ||
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![]() DECLARATION of The Court's February 1, 2024 Order Via Postal Mail by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Difronzo, Luca) |
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order
Scheduling Order
Thu 02/01 3:03 PM
ORDER: The Office of the Corporation Counsel's (the "Office") request to continue the stay in this matter is granted. ECF No.28 . The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by March 29, 2024, or as soon as there has been a decision in the criminal proceeding, whichever is earlier. Corporation Counsel shall serve a copy of this Order on plaintiff and file proof of service forthwith. Ordered by Magistrate Judge Lois Bloom on 2/1/2024. (EW) |
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Wednesday, January 31, 2024 | ||
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![]() STATUS REPORT Regarding Plaintiff's Ongoing Prosecution Pursuant to ECF No. 26 by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Difronzo, Luca) |
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![]() DECLARATION re26 Scheduling Order,,, Confirming Service of ECF No. 26 on Plaintiff Via Postal Mail by Nico Martino, James McCormack, Yildy Perez-Morales, Jeremy Scheublin (Difronzo, Luca) |
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Thursday, January 18, 2024 | ||
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![]() ORDER: The Office of the Corporation Counsel ("Corporation Counsel") was directed to file a status letter by December 15, 2023 but has not done so. ECF Order dated September 29, 2023. Corporation Counsel shall file a letter regarding the status of plaintiff's underlying criminal proceeding by January 31, 2024. Corporation Counsel previously reported that plaintiff "is no longer subject to NY CPL § 730, as was the case when defendants" filed a status letter on June 30, 2023. See ECF Nos. 24-25. Corporation Counsel's upcoming status letter shall state whether plaintiff has been deemed mentally competent to assist in his own defense and when his next criminal proceeding is scheduled. Corporation Counsel shall serve a copy of this Order on plaintiff and file proof of service forthwith. See attached Order. Ordered by Magistrate Judge Lois Bloom on 1/18/2024. (EW) |
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Wednesday, December 20, 2023 | ||
utility
Case Assigned/Reassigned
Wed 12/20 2:04 PM
Case Reassigned to District Judge Ramon E. Reyes, Jr. Judge Hector Gonzalez no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (BBM) |
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Friday, September 29, 2023 | ||
order
Scheduling Order
Fri 09/29 1:36 PM
ORDER: The Office of the Corporation Counsel's (the "Office") request to continue the stay in this matter is granted. ECF No.25 . The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by December 15, 2023, or as soon as there has been a decision in the criminal proceeding, whichever is earlier. Ordered by Magistrate Judge Lois Bloom on 9/29/2023. (EW) |
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Thursday, September 28, 2023 | ||
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![]() STATUS REPORT Regarding Ongoing Nature of Criminal's Prosecution & Request to Continue Stay by Nico Martino, James McCormack, Yildy Perez-Morales, Jeremy Scheublin, Anthony Taccetta (Difronzo, Luca) |
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Wednesday, July 05, 2023 | ||
order
Scheduling Order
Wed 07/05 3:14 PM
ORDER: The Office of the Corporation Counsel's ("the Office") request to continue the stay in this matter is granted. ECF No.24 . The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by September 29, 2023, or as soon as there has been a decision in the criminal proceeding, whichever is earlier. Ordered by Magistrate Judge Lois Bloom on 7/5/2023. (IK) |
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Friday, June 30, 2023 | ||
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![]() STATUS REPORT Regarding Plaintiff's Underlying Criminal Case by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Difronzo, Luca) |
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Friday, May 05, 2023 | ||
order
Scheduling Order
Fri 05/05 1:41 PM
ORDER: Defendants request to be relieved of the Court's Order dated May 1, 2023, directing them to send a copy of the Order to plaintiff, because they do not have plaintiff's location at this time. ECF No.23 . Defendants' request is granted. Defendants shall file a status letter by June 30, 2023, as directed in my previous Order. Ordered by Magistrate Judge Lois Bloom on 5/5/2023. (EW) |
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Thursday, May 04, 2023 | ||
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![]() Letter Regarding Court's May 1, 2023 Order Directing Defendants to Forward A Copy of the Filing to Plaintiff by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Difronzo, Luca) |
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Monday, May 01, 2023 | ||
order
Scheduling Order
Mon 05/01 10:36 AM
ORDER: The Office of the Corporation Counsel's ("the Office") request to continue the stay in this matter is granted. ECF No.22 . The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by June 30, 2023, or as soon as there has been a decision in the criminal proceeding, whichever is earlier. The Office shall send pro se plaintiff a copy of this Order at the state hospital. Ordered by Magistrate Judge Lois Bloom on 5/1/2023. (EW) |
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Friday, April 28, 2023 | ||
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![]() STATUS REPORT Pursuant to Court's March 1, 2023 Order by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Difronzo, Luca) |
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Tuesday, March 14, 2023 | ||
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![]() NOTICE of Appearance by Luca Difronzo on behalf of Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (aty to be noticed) (Difronzo, Luca) |
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Wednesday, March 01, 2023 | ||
order
Scheduling Order
Wed 03/01 12:59 PM
ORDER: The Office of the Corporation Counsel's ("the Office") request to continue the stay in this matter is granted. ECF No.20 . The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by April 28, 2023, or as soon as plaintiff's criminal proceeding resolves, whichever is earlier. The Office shall send a copy of this order to plaintiff forthwith. Ordered by Magistrate Judge Lois Bloom on 3/1/2023. (EW) |
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Tuesday, February 28, 2023 | ||
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![]() STATUS REPORT Regarding Plaintiff's Pending Criminal Charges by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta (Schemitsch, John) |
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Tuesday, February 14, 2023 | ||
order
Order on Motion to Substitute Attorney
Tue 02/14 4:18 PM
ORDER granting19 Motion to Substitute Attorney. Attorney Luc Christopher Pierre-Louis is terminated from the docket. Ordered by Magistrate Judge Lois Bloom on 2/14/2023. (EW) |
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Monday, February 13, 2023 | ||
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![]() MOTION to Substitute Attorney by Nico Martino, James McCormack, New York City Police Department, Yildy Perez-Morales, Anthony Taccetta. (Schemitsch, John) |
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Att: 1
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18 | 18
![]() NOTICE of Appearance by John Edmund Schemitsch on behalf of Nico Martino, James McCormack, New York City Police Department, Yildy Perez-Morales, Anthony Taccetta (aty to be noticed) (Schemitsch, John) |
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Thursday, December 01, 2022 | ||
order
Scheduling Order
Thu 12/01 5:25 PM
ORDER: The Office of the Corporation Counsel's ("the Office") request to continue the stay in this matter is granted. ECF No. 17. The Office shall file a letter regarding the status of plaintiff's underlying criminal proceeding by February 28, 2023, or as soon as plaintiff's criminal proceeding resolves, whichever is earlier. The Office shall send a copy of this order to plaintiff forthwith. Ordered by Magistrate Judge Lois Bloom on 12/1/2022. (IK) |
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Wednesday, November 30, 2022 | ||
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![]() STATUS REPORT Apprising the Court of the Status of Plaintiff's Criminal Case by Nicholas Konner, Nico Martino, James McCormack, New York City Police Department, Yildy Perez-Morales (Pierre-Louis, Luc) |
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Att: 1
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Monday, October 03, 2022 | ||
order
Scheduling Order
Mon 10/03 2:36 PM
ORDER: The Office of the Corporation Counsel's ("the Office") request to stay this matter until plaintiff's underlying criminal proceeding has been adjudicated is granted. The Office shall file a status report regarding plaintiff's underlying criminal proceeding by November 30, 2022, or as soon as plaintiff's criminal proceeding resolves, whichever is earlier. The Office shall send a copy of this order to plaintiff forthwith. Ordered by Magistrate Judge Lois Bloom on 10/3/2022. (EW) |
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Friday, September 30, 2022 | ||
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![]() STATUS REPORT by Nico Martino, James McCormack, New York City Police Department, Yildy Perez-Morales, Anthony Taccetta (Pierre-Louis, Luc) |
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Att: 1
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15 | 15
![]() NOTICE of Appearance by Luc Christopher Pierre-Louis on behalf of Nico Martino, James McCormack, New York City Police Department, Yildy Perez-Morales, Anthony Taccetta (aty to be noticed) (Pierre-Louis, Luc) |
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Monday, August 01, 2022 | ||
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![]() ORDER: The Office of the Corporation Counsel ("the Office") moves to stay this case pending the resolution of plaintiff's underlying criminal proceeding. ECF No.13 . The Office reports that it contacted plaintiff to seek his consent, but although plaintiff stated he would get back to counsel, he never did. Id. The Court grants the request and stays this matter until plaintiff's underlying criminal proceeding has ended. The Office shall file a status report regarding plaintiff's underlying criminal proceeding by September 30, 2022, or as soon as plaintiff's criminal proceeding resolves, whichever is earlier. See attached Order. Ordered by Magistrate Judge Lois Bloom on 8/1/2022. (Yindra, Hannah) |
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Friday, July 29, 2022 | ||
13 | 13
![]() MOTION to Stay Pending Resolution of the Criminal Case Underlying Plaintiff's Allegations by Nico Martino, James McCormack, Yildy Perez-Morales, Anthony Taccetta. (Kalmbach, Zachary) |
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Att: 1
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Monday, July 25, 2022 | ||
12 | 12
![]() ORDER: For the reasons explained in the accompanying order, the Court denies Plaintiff's motion for a temporary restraining order and a preliminary injunction. See ECF No.6 . The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. Ordered by Judge Hector Gonzalez on 7/25/2022. (Herrmann, Brendan) |
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Tuesday, July 05, 2022 | ||
11 | 11
![]() ORDER: The Office of the Corporation Counsel ("the Office") requests, with plaintiff's consent, a second extension of time for defendants to respond to plaintiff's Complaint. ECF No.10 . The request is granted. Defendants shall respond to plaintiffs complaint by August 13, 2022. Ordered by Magistrate Judge Lois Bloom on 7/5/2022. (Yindra, Hannah) |
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Thursday, June 30, 2022 | ||
10 | 10
![]() MOTION for Extension of Time to File Answer Office of the Corporation Counsel's Request that the Court Sua Sponte Extend Defendants' Time to Respond to the Complaint an Additional Thirty Days by New York City Law Department Office of Corporation Counsel. (Kalmbach, Zachary) |
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Tuesday, June 14, 2022 | ||
9 | 9
![]() ORDER: The Office of the Corporation Counsel ("the Office") requests an extension of time for defendant to respond to plaintiffs Complaint. ECF No.8 . The Office reports that it was unable to contact plaintiff to seek his consent. However, as this is a first request for an extension which is generally granted as a courtesy, the request is granted in part. Defendants request for 60 days is too long and is denied. Defendants shall respond to plaintiffs complaint by July 14, 2022. Ordered by Magistrate Judge Lois Bloom on 6/14/2022. (Yindra, Hannah) |
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Friday, June 10, 2022 | ||
8 | 8
![]() MOTION for Extension of Time to File Answer Office of the Corporation Counsel's Request that the Court: (1) Sua Sponte Extend Defendants' Time to Respond to the Complaint; and (2) Deny Plaintiff's Request for a TRO by New York City Law Department Office of Corporation Counsel. (Kalmbach, Zachary) |
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Tuesday, June 07, 2022 | ||
7 | 7
![]() NOTICE, Consent, and Reference of a Civil Action to a Magistrate Judge filed by Kevin K. Ottey-Bey (Herrera, Isaiah) |
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Friday, May 27, 2022 | ||
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![]() MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Kevin K. Ottey-Bey. (Herrera, Isaiah) |
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Tuesday, May 24, 2022 | ||
5 | 5
![]() SUMMONS Returned Executed by Kevin K. Ottey-Bey. Nicholas Konner served on 5/24/2022, answer due 6/14/2022; Nico Martino served on 5/24/2022, answer due 6/14/2022; James McCormack served on 5/24/2022, answer due 6/14/2022; New York City Police Department served on 5/24/2022, answer due 6/14/2022; Yildy Perez-Morales served on 5/24/2022, answer due 6/14/2022; Jeremy Scheublin served on 5/24/2022, answer due 6/14/2022; Anthony Taccetta served on 5/24/2022, answer due 6/14/2022. (Herrera, Isaiah) |
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Monday, May 23, 2022 | ||
4 | 4
![]() In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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3 | 3
![]() Summons Issued as to All Defendants. (Bowens, Priscilla) |
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2 | 2
![]() FILING FEE: $ 402.00, receipt number 4653165427 (Bowens, Priscilla) |
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1 | 1
![]() COMPLAINT against All Defendants, filed by Kevin K. Ottey-Bey. (Bowens, Priscilla) |
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Att: 1
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