Tavares v. City Of New York et al

New York Southern District Court
Judge:	Andrew L Carter, Jr
Case #:	1:24-cv-02507
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1331cv Fed. Question: Other Civil Rights

Case Filed:

Apr 02, 2024

Docket
Parties (4)

Last checked: Sunday Sep 29, 2024 4:37 AM EDT

Defendant City Of New York	Represented By Eun Jee (Esther) Kim New York City Law Department contact info
Defendant P.O. Estharlin Lopez Badge #3157 70th NYPD Police Precinct 154 Lawrence Ave Brooklyn, NY 11230
Defendant The New York City Police Department
Plaintiff Kedwin Tavares	Represented By Joshua Dayan Dayan Law LLP contact info

Docket last updated: 4 hours ago

Monday, April 21, 2025
31		31 answer Answer to Crossclaim zz Crossclaim Mon 04/21 6:06 PM ANSWER to30 Crossclaim., CROSSCLAIM against City Of New York. Document filed by City Of New York..(Bevelacqua, Adam) Related: [-]
Wednesday, April 16, 2025
		adr Mediation Conference Scheduled Wed 04/16 10:18 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/22/2025 at 10:00 AM in telephone or video conference.(sni) Related: [-]
Monday, April 07, 2025
		adr Notice of Mediator Assignment Mon 04/07 1:37 PM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/6/2025.(sge) Related: [-]
Tuesday, April 01, 2025
30		30 answer Answer to Complaint zz Crossclaim Tue 04/01 1:57 PM ANSWER to Complaint., CROSSCLAIM against City Of New York. Document filed by Estharlin Lopez..(Moschella, James) Related: [-]
Friday, March 21, 2025
29		29 2 pgs order Order on Motion for Extension of Time to Answer Fri 03/21 12:09 PM ORDER granting27 Letter Motion for Extension of Time to Answer re1 Complaint,. SO ORDERED. (Estharlin Lopez answer due 4/2/2025.) (Signed by Judge Andrew L. Carter, Jr on 3/21/25) (yv) Related: [-]
Thursday, March 20, 2025
		adr Section 1983 Plan 100-Day Review Thu 03/20 1:33 PM LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Rule and shall schedule and hold the first mediation session in the case within fourteen (14) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 6/30/2025. Mediator to be Assigned by 4/3/2025.(rpr) Related: [-]
		adr Notice of Selection for Mediation Thu 03/20 1:33 PM NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(rpr) Related: [-]
Wednesday, March 19, 2025
28		28 answer Answer to Complaint Wed 03/19 3:57 PM ANSWER to Complaint with JURY DEMAND. Document filed by City Of New York..(Bevelacqua, Adam) Related: [-]
27		27 motion Extension of Time to File Answer Wed 03/19 9:52 AM FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from James M. Moschella dated March 19, 2025. Document filed by Estharlin Lopez..(Moschella, James) Related: [-]
26		26 notice Notice of Appearance Wed 03/19 9:51 AM NOTICE OF APPEARANCE by James M. Moschella on behalf of Estharlin Lopez..(Moschella, James) Related: [-]
25		25 notice Notice of Appearance Wed 03/19 9:50 AM NOTICE OF APPEARANCE by John William Burns on behalf of Estharlin Lopez..(Burns, John) Related: [-]
Tuesday, March 04, 2025
24		24 2 pgs order Order on Motion for Extension of Time to Answer Tue 03/04 11:45 AM ORDER granting23 Letter Motion for Extension of Time to Answer re1 Complaint,. SO ORDERED. (City Of New York answer due 3/19/2025; Estharlin Lopez answer due 3/19/2025; The New York City Police Department answer due 3/19/2025.) (Signed by Judge Andrew L. Carter, Jr on 3/4/25) (yv) Related: [-]
Monday, March 03, 2025
23		23 motion Extension of Time to File Answer Mon 03/03 1:01 PM CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr.. Document filed by City Of New York..(Bevelacqua, Adam) Related: [-]
Tuesday, February 18, 2025
22		22 order Memo Endorsement Tue 02/18 3:56 PM MEMO ENDORSEMENT on re:21 Letter requesting that this matter be resumedand that Defendants' time to file an Answer to the Complaint begin to run. filed by Kedwin Tavares. ENDORSEMENT: Consistent with the Court's prior Order, ECF No. 20, the Court ORDERS that the stay in this case be lifted on March 5, 2025. Defendants' time to file an Answer to the Complaint will begin to run on such date. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/18/25) (yv) Related: [-]
Tuesday, February 11, 2025
21		21 misc Letter Tue 02/11 1:04 PM FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Joshua Dayan, Esq. dated 02/11/2025 re: STAUS OF CCRB INVESTIGATION- REQUEST TO REMOVE STAY. Document filed by Kedwin Tavares..(Dayan, Joshua) Related: [-]
Tuesday, January 21, 2025
20		20 1 pgs order Order Staying Case Tue 01/21 5:08 PM ORDER: In follow-up from the conference held on January 16, 2025, the Court hereby ORDERS that this matter be stayed for thirty (30) days following the resolution of the CCRB's investigation into the underlying allegations in this case. The Court further advises the Parties of the following deadlines: February 4, 2025: Defendant City of New York to provide to Plaintiff the voluntary disclosure discussed during the January 16 conference. April 17, 2025: The Parties to file a joint status report as to the status of the CCRB investigation. (Signed by Judge Andrew L. Carter, Jr on 1/21/2025) (rro) Related: [-]
Friday, January 17, 2025
		minutes Telephone Conference Fri 02/07 10:37 AM Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 1/17/2025. Joshua Dayan for Plaintiff. Adam Bevelacqua for Defendants. See Docket No. 20 for complete details. (tdh) Related: [-]
Monday, January 13, 2025
19		19 order Scheduling Order Mon 01/13 4:25 PM ORDER: The conference in this matter scheduled for earlier this afternoon was incorrectly scheduled on the Court's internal calendar and the Court apologizes for the inconvenience to the Parties. The Court hereby adjourns this telephonic conference to Friday, January 17, 2025 at 12 p.m. The Parties shall contact the Court at 1-855-244-8681 (access code: 2319 454 5869#). The Parties should be prepared to discuss the status of the CCRB investigation into the incident underlying the allegations in this case. If this date and time poses any inconvenience for the Parties, they may email Chambers at ALCarterNYSDChambers@nysd.uscourts.gov. Telephone Conference set for 1/17/2025 at 12:00 PM before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 1/13/2025) (rro) Related: [-]
Tuesday, January 07, 2025
18		18 1 pgs order Order on Motion to Adjourn Conference Tue 01/07 3:38 PM ORDER granting17 Letter Motion to Adjourn Conference. The Parties are ORDERED to appear at a telephonic conference on Monday, January 13, 2025 at 2:00 p.m. The Parties shall contact the Court at 1-855-244-8681 (access code: 2319 454 5869#). The Parties should be prepared to discuss the status of the CCRB investigation into the incident underlying the allegations in this case. SO ORDERED. Telephone Conference set for 1/13/2025 at 02:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 1/7/2025) (vfr) Related: [-]
Monday, January 06, 2025
17		17 motion Adjourn Conference Mon 01/06 12:34 PM CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Andrew L. Carter, Jr.. Document filed by City Of New York..(Bevelacqua, Adam) Related: [-]
Friday, January 03, 2025
16		16 1 pgs order Order on Motion to Substitute Attorney Fri 01/03 4:12 PM ORDER granting14 Letter Motion to Substitute Attorney. The Court respectfully directs the Clerk of Court to substitute Adam Bevelacqua as counsel of records in this case and to terminate Eun Jee (Esther) Kim from the docket as well as remove Kim as an attorney of record on this matter. SO ORDERED. Attorney Eun Jee (Esther) Kim terminated. (Signed by Judge Andrew L. Carter, Jr on 1/3/2025) (mml) Related: [-]
15		15 order Scheduling Order Fri 01/03 4:03 PM ORDER: The conference in this matter previously scheduled for Wednesday, January 8, 2025 at 12:00 pm. is adjourned. The Parties are ORDERED to appear at a telephonic conference on Wednesday, January 8, 2025 at 2:30 p.m. The Parties shall contact the Court at 1-855-244-8681 (access code: 2319 454 5869#). The Parties should be prepared to discuss the status of the CCRB investigation into the incident underlying the allegations in this case. SO ORDERED. Telephone Conference set for 1/8/2025 at 02:30 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 12/30/2024) (mml) Related: [-]
Thursday, January 02, 2025
14		14 motion Substitute Attorney Thu 01/02 3:38 PM LETTER MOTION to Substitute Attorney. Old Attorney: Eun Jee (Esther) Kim, New Attorney: Adam Bevelacqua addressed to Judge Andrew L. Carter, Jr.. Document filed by City Of New York..(Bevelacqua, Adam) Related: [-]
		Att: 1 Affidavit Notice of Substitution,
		Att: 2 Affidavit Affidavit of Substitution
Monday, December 30, 2024
13		13 1 pgs order Order ~Util - Set Hearings Mon 12/30 2:12 PM ORDER: The Parties are ORDERED to appear at a telephonic conference on Wednesday, January 8, 2025 at 12:00 p.m. The Parties shall contact the Court at 1-855-244-8681 (access code: 2319 454 5869#). The Parties should be prepared to discuss the status of the CCRB investigation into the incident underlying the allegations in this case. SO ORDERED. ( Telephone Conference set for 1/8/2025 at 12:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 12/30/2024) (tg) Related: [-]
Wednesday, July 31, 2024
12		12 respm Response in Opposition to Motion Wed 07/31 5:00 PM LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Joshua Dayan, Esq. dated July 31, 2024 re:11 LETTER MOTION to Stay respectfully requesting a stay of this matter until thirty days after the resolution of the ongoing CCRB investigation addressed to Judge Andrew L. Carter, Jr. from Eun Jee (Esther) Kim dated July 29, 2024. . Document filed by Kedwin Tavares..(Dayan, Joshua) Related: [-]
Monday, July 29, 2024
11		11 motion Stay Mon 07/29 4:49 PM LETTER MOTION to Stay respectfully requesting a stay of this matter until thirty days after the resolution of the ongoing CCRB investigation addressed to Judge Andrew L. Carter, Jr. from Eun Jee (Esther) Kim dated July 29, 2024. Document filed by City Of New York..(Kim, Eun Jee (Esther)) Related: [-]
Wednesday, June 12, 2024
10		10 order Memo Endorsement Wed 06/12 12:37 PM MEMO ENDORSEMENT on re:9 Letter Reply to Order to Show Cause to Dismiss Complaint for Failure to Prosecute, filed by Kedwin Tavares. ENDORSEMENT: The Court agrees as to the applicability of Local Rule 83.10 and finds that the prior Order at ECF No. 8 was prematurely issued. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/12/24) (yv) Related: [-]
Tuesday, June 11, 2024
9		9 misc Letter Tue 06/11 11:31 AM FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Joshua Dayan, Esq. and Esther Kim, Esq. dated June 11, 2024 re: Letter in Reply to Order to Show Cause to Dismiss Complaint for Failure to Prosecute. Document filed by Kedwin Tavares..(Dayan, Joshua) Related: [-]
Monday, June 10, 2024
8		8 1 pgs order Order to Show Cause Mon 06/10 3:30 PM ORDER TO SHOW CAUSE. Plaintiff is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) ("[I]t is unquestioned that Rule 41(b) also gives the district court authority to dismiss a plaintiff's case sua sponte for failure to prosecute..."). Such showing should be made by filing a written response to this Order by June 24, 2024. Any failure by Plaintiff to make this showing will result in a dismissal of this case without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/10/24) (yv) Related: [-]
Friday, May 17, 2024
7		7 notice Notice of Appearance Fri 05/17 4:47 PM NOTICE OF APPEARANCE by Eun Jee (Esther) Kim on behalf of City Of New York..(Kim, Eun Jee (Esther)) Related: [-]
Wednesday, May 01, 2024
6		6 service Certificate of Service Other Wed 05/01 3:36 PM CERTIFICATE OF SERVICE of Civil Cover Sheet, Summons, Verified Complaint, and Exhibit A. served on ALL DEFENDANTS, THE CITY OF NEW YORK, THE NEW YORK CITY POLICE DEPARTMENT, and P.O. ESTHARLIN LOPEZ (BADGE #3157) on 04/11/2024, 04/15/2024, and 04/29/2024. Service was accepted by Jerry Bradshaw (Unit Chief), Georgia Bono (Legal Clerk), Giorgia Bono (Clerk). Service was made by ALSO MADE BY MAIL. Document filed by Kedwin Tavares..(Dayan, Joshua) Related: [-]
Friday, April 05, 2024
5		5 service Summons Issued Fri 04/05 3:44 PM ELECTRONIC SUMMONS ISSUED as to City Of New York, Estharlin Lopez, The New York City Police Department..(jgo) Related: [-]
Thursday, April 04, 2024
4		4 service Request for Issuance of Summons Thu 04/04 3:03 PM REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department, P.O. Estharlin Lopez (Badge# 3157), re:1 Complaint,. Document filed by Kedwin Tavares..(Dayan, Joshua) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Thu 04/04 2:08 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joshua Dayan to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) Related: [-]
Wednesday, April 03, 2024
3		3 service Request for Issuance of Summons Wed 04/03 12:38 PM REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, The New York City Police Department, P.O. Estharlin Lopez (Badge# 3157), re:1 Complaint,. Document filed by Kedwin Tavares..(Dayan, Joshua) Related: [-]
2		2 misc Civil Cover Sheet Wed 04/03 12:32 PM CIVIL COVER SHEET filed..(Dayan, Joshua) Related: [-]
		adr Notice of Participation in Section 1983 Plan Wed 04/03 9:08 AM 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, https://www.nysd.uscourts.gov/programs/mediation-adr, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr) Related: [-]
		notice Case Opening Initial Assignment Notice Wed 04/03 10:13 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) Related: [-]
		utility Case Designation Wed 04/03 10:13 AM Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) Related: [-]
		utility Case Designated ECF Wed 04/03 10:13 AM Case Designated ECF. (pc) Related: [-]
		misc Notice to Attorney Regarding Party Modification Wed 04/03 10:14 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joshua Dayan. The party information for the following party/parties has been modified: Estharlin Lopez, THE CITY OF NEW YORK, The New York City Police Department, KEDWIN TAVARES. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 04/03 10:14 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Dayan. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Queens;. (pc) Related: [-]
		misc Notice to Attorney to Submit/File Civil Cover Sheet Wed 04/03 10:14 AM ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joshua Dayan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) Related: [-]
Tuesday, April 02, 2024
1		1 cmp Complaint Tue 04/02 5:02 PM COMPLAINT against Estharlin Lopez, THE CITY OF NEW YORK, The New York City Police Department. (Filing Fee $ 405.00, Receipt Number ANYSDC-29165819)Document filed by KEDWIN TAVARES..(Dayan, Joshua) Related: [-]
		Att: 1 Exhibit Exhibit "A", Social Media Post Advertising Concert

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