New York Eastern District Court
Judge:Lashann Dearcy Hall
Referred: Robert M Levy
Case #: 1:23-cv-06253
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1983 Civil Rights
Case Filed:Aug 18, 2023
Terminated:Mar 28, 2025
Last checked: Thursday Feb 15, 2024 4:04 AM EST
Defendant
John Does #1-5
Defendant
Tia-Renee Franklin
Represented By
J. Birt Reynolds
New York City Law Dept
contact info
Defendant
Eric Gonzalez
Represented By
J. Birt Reynolds
New York City Law Dept
contact info
Defendant
Maritza Mejia-Ming
Represented By
J. Birt Reynolds
New York City Law Dept
contact info
Defendant
The City of New York
Represented By
J. Birt Reynolds
New York City Law Dept
contact info
Plaintiff
Kamephis Perez
Represented By
Michael Low Bloch
Bloch & White LLP
contact info
Benjamin White
Bloch & White LLP
contact info

GPO Mar 28 2025
MEMORANDUM AND ORDER: For the reasons stated in the attached memorandum and order, Defendants' motion to dismiss 16 for failure to state a claim is GRANTED. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge LaShann DeArcy Hall on 3/28/2025. (CG)

Docket last updated: 05/23/2025 11:59 PM EDT
Friday, March 28, 2025
21 21 order Judgment - Clerk Fri 03/28 2:30 PM
CLERK'S JUDGMENT: that Defendants' motion to dismiss the complaint is granted. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 3/28/2025. (JP)
Related: [-]
20 20 14 pgs order Order on Motion to Dismiss for Failure to State a Claim Memorandum & Opinion Fri 03/28 1:48 PM
MEMORANDUM AND ORDER: For the reasons stated in the attached memorandum and order, Defendants' motion to dismiss16 for failure to state a claim is GRANTED. The Clerk of Court is respectfully directed to enter judgment and close the case. Ordered by Judge LaShann DeArcy Hall on 3/28/2025. (CG)
Related: [-]
Thursday, March 07, 2024
19 19 respoth Reply in Support Thu 03/07 5:40 PM
REPLY in Support re16 MOTION to Dismiss for Failure to State a Claim filed by Tia-Renee Franklin, Eric Gonzalez, Maritza Mejia-Ming, The City of New York. Related [+]
Related: [-] ynolds, J.
18 18 30+ pgs respoth Memorandum in Opposition Thu 03/07 5:38 PM
MEMORANDUM in Opposition re16 MOTION to Dismiss for Failure to State a Claim filed by Tia-Renee Franklin, Eric Gonzalez, Maritza Mejia-Ming, The City of New York. Related [+]
Related: [-] ynolds, J.
17 17 28 pgs respoth Memorandum in Support Thu 03/07 5:36 PM
MEMORANDUM in Support re16 MOTION to Dismiss for Failure to State a Claim filed by Tia-Renee Franklin, Eric Gonzalez, Maritza Mejia-Ming, The City of New York. Related [+]
Related: [-] ynolds, J.
16 16 motion Dismiss for Failure to State a Claim Thu 03/07 5:34 PM
MOTION to Dismiss for Failure to State a Claim by Tia-Renee Franklin, Eric Gonzalez, Maritza Mejia-Ming, The City of New York. Related [+]
Related: [-] ynolds, J.
Friday, February 23, 2024
order Order on Motion for Extension of Time to File Response/Reply Fri 02/23 11:04 AM
ORDER: Defendant's motion15 for an extension of time is GRANTED. Defendants shall serve any reply brief in further support of their motion to dismiss and file the fully briefed motion on or before March 7, 2024. Ordered by Judge LaShann DeArcy Hall on 2/23/2024. (JY)
Related: [-]
Thursday, February 22, 2024
15 15 motion Extension of Time to File Response/Reply Thu 02/22 5:24 PM
Consent MOTION for Extension of Time to File Response/Reply in support of Defendant's motion to dismiss by Tia-Renee Franklin, Eric Gonzalez, Maritza Mejia-Ming, The City of New York. Related [+]
Related: [-] ynolds, J.
Monday, December 18, 2023
order Order on Motion for Pre Motion Conference Mon 12/18 11:24 PM
ORDER: Defendants' motion13 for a pre-motion conference is DENIED. The parties shall brief Defendants' motion to dismiss in accordance with this Courts Individual Rules and Practices. Defendants shall serve their motion to dismiss on or before January 15, 2024. Plaintiff shall serve his response on or before February 12, 2024. Defendants shall serve any reply on or before February 26, 2024. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once fully briefed. Defendants shall electronically file the fully-briefed motion no later than February 26, 2024. Ordered by Judge LaShann DeArcy Hall on 12/18/2023. (CG)
Related: [-]
Friday, December 08, 2023
14 14 respm Response to Motion Fri 12/08 3:49 PM
RESPONSE to Motion re13 MOTION for pre motion conference for permission to file a Motion to Dismiss filed by Kamephis Perez. (White, Benjamin)
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Friday, December 01, 2023
13 13 motion Pre Motion Conference Fri 12/01 9:26 AM
MOTION for pre motion conference for permission to file a Motion to Dismiss by Tia-Renee Franklin, Eric Gonzalez, Maritza Mejia-Ming, The City of New York. Related [+]
Related: [-] ynolds, J.
Thursday, September 21, 2023
order Order on Motion for Extension of Time to Answer Thu 09/21 3:24 PM
ORDER granting12 Consent MOTION for Extension of Time until December 1, 2023 to File an Answer as to all defendants . Ordered by Magistrate Judge Robert M. Levy on 9/21/2023. (JM)
Related: [-]
Wednesday, September 20, 2023
12 12 motion Extension of Time to File Answer Wed 09/20 5:28 PM
Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by The City of New York. Related [+]
Related: [-] ynolds, J.
11 11 notice Notice of Appearance Wed 09/20 5:25 PM
NOTICE of Appearance by J. Birt Reynolds on behalf of The City of New York (aty to be noticed) Related [+]
Related: [-] ynolds, J.
Friday, September 15, 2023
10 10 service Summons Returned Executed Fri 09/15 3:50 PM
SUMMONS Returned Executed by Kamephis Perez. John Does #1-5 served on 9/13/2023, answer due 10/4/2023. (White, Benjamin)
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Att: 1 Affidavit of Service upon John Doe #2,
Att: 2 Affidavit of Service upon John Doe #3,
Att: 3 Affidavit of Service upon John Doe #4,
Att: 4 Affidavit of Service upon John Doe #5
9 9 service Summons Returned Executed Fri 09/15 3:41 PM
SUMMONS Returned Executed by Kamephis Perez. Tia-Renee Franklin served on 9/13/2023, answer due 10/4/2023. (White, Benjamin)
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8 8 service Summons Returned Executed Fri 09/15 3:35 PM
SUMMONS Returned Executed by Kamephis Perez. Maritza Mejia-Ming served on 9/13/2023, answer due 10/4/2023. (White, Benjamin)
Related: [-]
7 7 service Summons Returned Executed Fri 09/15 3:33 PM
SUMMONS Returned Executed by Kamephis Perez. Eric Gonzalez served on 9/13/2023, answer due 10/4/2023. (White, Benjamin)
Related: [-]
Friday, September 01, 2023
6 6 service Summons Returned Executed Fri 09/01 5:03 PM
SUMMONS Returned Executed by Kamephis Perez. The City of New York served on 8/31/2023, answer due 9/21/2023. (White, Benjamin)
Related: [-]
Monday, August 21, 2023
5 5 misc Quality Control Check - Attorney Case Opening Mon 08/21 12:09 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR)
Related: [-]
4 4 misc Clerks Notice of Rule 73 Mon 08/21 12:08 PM
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. (SR)
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3 3 service Summons Issued Mon 08/21 12:08 PM
Summons Issued as to All Defendants. (SR)
Related: [-]
utility Case Assigned/Reassigned Mon 08/21 12:06 PM
Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy. 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. (SR)
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Friday, August 18, 2023
2 2 notice Notice of Appearance Fri 08/18 7:29 PM
NOTICE of Appearance by Benjamin White on behalf of Kamephis Perez (aty to be noticed) (White, Benjamin)
Related: [-]
1 1 cmp Complaint Fri 08/18 7:02 PM
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17006979 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kamephis Perez. (Bloch, Michael)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons