Connery v. O-Brien et al

New York Southern District Court
Judge:Lorna G Schofield
Referred: Sarah Netburn
Case #: 1:24-cv-07810
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Oct 15, 2024
Terminated:Mar 18, 2025
Last checked: Sunday Apr 13, 2025 6:41 AM EDT
Defendant
MTA Police Officer O-Brien
Represented By
Andrew Kenneth Preston
Bee, Ready, Fishbein, Hatter & Donovan, L.L.P.
contact info
Plaintiff
Kevin-Peter Connery
c/o W Highway 290 Suite 502 PMB 1111
Travis, Austin, TX 78735
TERMINATED PARTIES
Defendant
Long Island Railroad
Terminated: 11/14/2024
Defendant
MTA Police Department
Terminated: 11/14/2024


Docket last updated: 2 hours ago
Tuesday, March 18, 2025
29 29 1 pgs order Order of Dismissal Tue 03/18 1:13 PM
ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within sixty (60) days of this Order. Any application to reopen filed after sixty (60) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 3/18/2025) (mml)
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Monday, March 17, 2025
minutes Settlement Conference Mon 03/17 2:43 PM
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 3/17/2025. (dsh)
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Thursday, February 27, 2025
minutes Status Conference Thu 02/27 4:17 PM
Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 2/27/2025. (dsh)
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Wednesday, February 26, 2025
28 28 service Certificate of Service Other Wed 02/26 5:11 PM
CERTIFICATE OF SERVICE of Defendant's Response to Plaintiff's Demand for Documents served on Kevin-Peter Connery, Plaintiff Pro Se on February 26, 2025. Document filed by O-Brien..(Preston, Andrew)
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27 27 misc Letter Wed 02/26 11:11 AM
LETTER addressed to Judge Lorna G. Schofield from Kevin-Peter: Connery dated 02/18/2025 re: This letter is in response to opposing counsel's request for a pre-motion conference in advance of seeking leave to file a motion for summary judgment requesting dismissal of this case.. Document filed by Kevin-Peter Connery..(nd)
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Monday, February 24, 2025
26 26 1 pgs order Order on Motion for Conference Mon 02/24 12:33 PM
ORDER denying24 Letter Motion for Conference. Defendants' request for pre-motion for conference is DENIED. Instead, the parties are ORDERED to appear for a telephonic status conference on February 27, 2025, at 10:30 a.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (855) 244-8681 and enter Access Code 23142707008. The parties should be prepared to discuss the status of discovery and Plaintiff's proposal to amend the complaint. SO ORDERED.. (Signed by Magistrate Judge Sarah Netburn on 2/24/2025) (dsh)
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utility Set/Reset Hearings Mon 02/24 12:36 PM
Set/Reset Hearings: Status Conference set for 2/27/2025 at 10:30 AM before Magistrate Judge Sarah Netburn. (dsh)
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Tuesday, February 18, 2025
25 25 misc Letter Wed 02/19 4:56 PM
LETTER addressed to Judge Lorna G. Schofield from Kevin-Peter Connery dated 2/18/2025 re: This letter is in response to opposing counsel's request for a pre-motion conference in advance of seeking leave to file a motion for summary judgment requesting dismissal of this case. Document filed by Kevin-Peter Connery. (jjc)
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Att: 1 Exhibit letter response 1,
Att: 2 Exhibit letter response 2
Friday, February 14, 2025
24 24 motion Conference Fri 02/14 2:41 PM
LETTER MOTION for Conference Requesting Pre-Motion Conference addressed to Judge Lorna G. Schofield from Andrew K. Preston dated February 14, 2025. Document filed by O-Brien..(Preston, Andrew)
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Att: 1 Exhibit A - MTAPD Incident Report,
Att: 2 Exhibit B - Transcript of Plaintiff's Deposition
Thursday, January 23, 2025
23 23 order Scheduling Order Thu 01/23 12:26 PM
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, March 17, 2025, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by email to Netburn_NYSDChambers@nysd.uscourts.gov, by Monday, March 10, 2025. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. SO ORDERED. Settlement Conference set for 3/17/2025 at 10:00 AM before Magistrate Judge Sarah Netburn. (Signed by Magistrate Judge Sarah Netburn on 1/23/2025) (dsh)
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Thursday, January 09, 2025
21 21 service Certificate of Service Other Thu 01/09 12:30 PM
CERTIFICATE OF SERVICE of Notice of Deposition served on Kevin-Peter Connery, Plaintiff Pro Se on January 9, 2025. Service was made by Mail. Document filed by O-Brien..(Preston, Andrew)
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Wednesday, January 08, 2025
22 22 order Case Management Plan Fri 01/10 11:50 AM
CIVIL CASE MANAGEMENT PLAN & SCHEDULING ORDER: On November 27, 2024, the parties submitted a proposed civil case management plan and scheduling order to the Hon. Lorna G. Schofield. ECF No. 17-3. On January 7, 2025, Judge Schofield referred this matter to my docket for general pretrial supervision. After review of the parties' joint submission, the following scheduling order is entered pursuant to Rule 16 of the Federal Rules of Civil Procedure: (Signed by Magistrate Judge Sarah Netburn on 1/8/2025) (dsh)
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20 20 1 pgs order Order Wed 01/08 5:05 PM
ORDER: On January 7, 2025, the Honorable Lorna G. Schofield assigned this matter to my docket for settlement. By January 17, 2025, the parties are directed to email Courtroom Deputy Diljah Shaw at Diljah_Shaw@nysd.uscourts.gov with three mutually convenient dates to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 1/8/2025) (dsh)
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Tuesday, January 07, 2025
19 19 1 pgs order Order Referring Case to Magistrate Judge Tue 01/07 6:22 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and Settlement. Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/7/2025) (vfr)
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18 18 1 pgs order Order Tue 01/07 6:20 PM
ORDER: It is hereby ORDERED that the January 15, 2025, initial pretrial conference is adjourned sine die. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to a settlement conference is GRANTED. The referral, and a referral for general pre-trial proceedings and dispositive motions, will issue in a separate order. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/7/2025) (vfr)
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Monday, January 06, 2025
17 17 misc Letter Mon 01/06 3:10 PM
JOINT LETTER addressed to Judge Lorna G. Schofield from Andrew K. Preston dated January 6, 2025 re: Joint Submission in Response to 10/29/2024 Order. Document filed by O-Brien..(Preston, Andrew)
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Att: 1 Exhibit Lease,
Att: 2 Exhibit Lease Renewal,
Att: 3 Proposed Order Case Management Plan
Wednesday, November 27, 2024
16 16 service Certificate of Service Other Wed 11/27 1:23 PM
CERTIFICATE OF SERVICE of Defendant's Automatic Disclosures (Supplemental) with Flash Drive served on Kevin-Peter Connery, Plaintiff Pro Se on November 27, 2024. Service was made by Mail. Document filed by O-Brien..(Preston, Andrew)
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15 15 service Certificate of Service Other Wed 11/27 12:56 PM
CERTIFICATE OF SERVICE of Defendant's First Demand for Documents and Defendant's Demand for Written Responses to First Set of Interrogatories served on Kevin-Peter Connery, Plaintiff Pro Se on November 27, 2024. Service was made by Mail. Document filed by O-Brien..(Preston, Andrew)
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Monday, November 25, 2024
14 14 misc Letter Tue 11/26 3:30 PM
LETTER addressed to Judge Lorna G. Schofield from Kevin-Peter Connery dated 11/20/2024 re: This complain was amended, filed, and served upon the Defendant on Thursday, Novemeber 14th.. Document filed by Kevin-Peter Connery.(vba)
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13 13 service Certificate of Service Other Mon 11/25 12:26 PM
CERTIFICATE OF SERVICE of Answer and Defendant's Automatic Disclosures served on Kevin-Peter Connery, Plaintiff Pro Se on November 25, 2024. Service was made by Mail. Document filed by O-Brien..(Preston, Andrew)
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12 12 answer Answer to Amended Complaint Mon 11/25 12:23 PM
ANSWER to7 Amended Complaint. Document filed by O-Brien..(Preston, Andrew)
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Wednesday, November 20, 2024
11 11 notice Notice of Appearance Wed 11/20 4:21 PM
NOTICE OF APPEARANCE by Andrew Kenneth Preston on behalf of O-Brien..(Preston, Andrew)
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Friday, November 15, 2024
10 10 service Certificate of Service Other Tue 11/19 10:44 AM
CERTIFICATE OF SERVICE of Summons served on MTA Police Department District 5, 89 E. 42nd St, NY, NY on 11/14/2024. Service was accepted by Lieutenant Orthner. Document filed by Keith-Peter Connery. (jjc) Modified on 11/19/2024 (jjc)
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Thursday, November 14, 2024
9 9 service Amended Summons Issued Thu 11/14 11:00 AM
AMENDED SUMMONS ISSUED as to O-Brien. (sac)
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8 8 respoth Affidavit (non-motion) Thu 11/14 10:55 AM
AMENDED AFFIDAVIT of Kevin-Peter Connery. Document filed by Keith-Peter Connery. (sac)
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7 7 cmp Amended Complaint Thu 11/14 10:54 AM
AMENDED COMPLAINT amending1 Complaint against O-Brien. Document filed by Keith-Peter Connery. Related document:1 Complaint. (sac)
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6 6 misc Pro Se Consent to Receive Electronic Service Thu 11/14 10:50 AM
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Keith-Peter Connery consents to receive electronic service via the ECF system. Document filed by Keith-Peter Connery. (sac)
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Wednesday, October 30, 2024
misc Mailing Receipt Wed 10/30 11:43 AM
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Tuesday, October 29, 2024
5 5 3 pgs order Order for Initial Pretrial Conference Tue 10/29 5:13 PM
ORDER The parties shall call (888) 363-4749 and enter the access code 558-3333. (And as further set forth herein.) Initial Conference set for 1/15/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/29/2024) (jca)
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Friday, October 25, 2024
misc Mailing Receipt Fri 10/25 10:34 AM
MAILING RECEIPT: Document No: 4. Mailed to: Keith-Peter Connery c/o W Highway 290 Suite 502 PMB 1111 Travis, Austin, TX 78735. (tn)
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Thursday, October 24, 2024
4 4 order Standing Order re Cases Filed By Pro Se Plaintiffs Thu 10/24 8:37 AM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (sac)
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service Note Regarding Service on Self-Represented Party Thu 10/24 8:37 AM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac)
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Tuesday, October 15, 2024
3 3 service Summons Issued Tue 10/22 3:15 PM
SUMMONS ISSUED as to Long Island Railroad, MTA Police Department, O-Brien. (tro)
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2 2 misc Civil Cover Sheet Tue 10/22 3:11 PM
CIVIL COVER SHEET filed..(tro)
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1 1 cmp Complaint Tue 10/22 3:09 PM
COMPLAINT against Long Island Railroad, MTA Police Department, O-Brien. (Filing Fee $ 405.00, Receipt Number 33684)Document filed by Keith-Peter Connery.(tro)
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utility Case Designation Tue 10/22 3:11 PM
Magistrate Judge Sarah Netburn 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] . (tro)
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utility Case Designated ECF Tue 10/22 3:59 PM
Case Designated ECF. (tro)
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