Case Details

CourtSouthern District of New York
Docket number1:11-cv-03050
Date case filed2011-05-04
Date case closed2012-03-12
Date of latest filing
Assigned toJudge Richard J. Sullivan
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Nicholas Taylor
Party type: Plaintiff
Attorney name: Matthew Spencer Flamm
Attorney Contact:
Law Offices of Matthew Flamm
26 Court St.
Suite 600
Brooklyn, NY 11242
718 -797 -3117
Fax: 718- 522- 2026
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Quincy Taylor
Party type: Plaintiff
Attorney name: Matthew Spencer Flamm
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
Attorney name: Baree Nichole Fett
Attorney Contact:
NYC Law Department, Office of the Corporation Counsel
100 Church Street
New York, NY 10007
(212) 788-8343
Fax: (212) 788-9776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Virginia Jackson Nimick
Attorney Contact:
New York City Law Department
100 Church Street Room 2663
New York, NY 10007
(212)-788-0824
Fax: (212)-788-0367
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Marc Trelles
Party type: Defendant
Attorney name: Virginia Jackson Nimick
Attorney Contact:
New York City Law Department
100 Church Street
Room 2-305
New York, NY 10007
(212)-788-0824
Fax: (212)-788-0367
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: John Doe 1
Party type: Defendant
the name being fictitious and presently unknown
TERMINATED: 08/31/2011
Party: John Doe 2
Party type: Defendant
the name being fictitious and presently unknown
TERMINATED: 08/31/2011
Party: "John" Cruz
Party type: Defendant
the first name being fictitious and presently unknown
TERMINATED: 08/31/2011
Party: "John" Matos
Party type: Defendant
the first name being fictitious of the New York City Police Department
TERMINATED: 08/31/2011
Party: Aaron Thorn
Party type: Defendant
Employee of the New York City Police Department
Attorney name: Virginia Jackson Nimick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Daniel Miller
Party type: Defendant
Employee of the New York City Police Department
Attorney name: Virginia Jackson Nimick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Israel Cruz
Party type: Defendant
Employee of the New York City Police Department
Attorney name: Virginia Jackson Nimick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Carlos Matos
Party type: Defendant
Employee of the New York City Police Department
Attorney name: Virginia Jackson Nimick
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-05-04 COMPLAINT against "John" Cruz, John Doe 1, John Doe 2, "John" Matos, The City of New York, Marc Trelles. (Filing Fee $ 350.00, Receipt Number 5837)Document filed by Quincy Taylor, Nicholas Taylor.(ama) (ama). (Entered: 05/05/2011)
22011-05-06 ORDER Status Conference set for Friday, 6/24/2011 at 10:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan, and as further set forth in this document. (Signed by Judge Richard J. Sullivan on 5/6/11) (cd) (Entered: 05/09/2011)
32011-06-03 SUMMONS RETURNED EXECUTED. The City of New York served on 5/18/2011, answer due 6/8/2011. Service was accepted by City of New York. Document filed by Quincy Taylor; Nicholas Taylor. (Flamm, Matthew) (Entered: 06/03/2011)
42011-06-03 CERTIFICATE OF SERVICE of Summons and Complaint. Service was accepted by City of New York. Document filed by Quincy Taylor, Nicholas Taylor. (Flamm, Matthew) (Entered: 06/03/2011)
52011-06-03 CERTIFICATE OF SERVICE of May 6, 2011 Order Scheduling Initial Pretrial Conference served on City of New York on May 18, 2011. Service was accepted by City of New York. Document filed by Nicholas Taylor, Quincy Taylor. (Flamm, Matthew) (Entered: 06/03/2011)
62011-06-08 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Baree Fett dated 6/6/11 re: Request that defendant City's time to answer the complaint be extended to 8/5/11 and that the status conference be adjourned. ENDORSEMENT: The deadline for all Defendants to answer or otherwise respond to the Complaint is HEREBY ADJOURNED to the later of (1) 8/5/11, or (2) the period of time specified under Rule 12 of the FRCP. The initial conference is HEREBY ADJOURNED to 8/16/11 at 4:30 pm, with pre-conference submissions described in the Court's 5/6/11 Order due no later than 8/9/11 at 4:00 pm. No further requests for extensions shall be granted absent truly compelling circumstances. (Signed by Judge Richard J. Sullivan on 6/7/11) (cd) (Entered: 06/08/2011)
72011-07-13 NOTICE OF APPEARANCE by Baree Nichole Fett on behalf of The City of New York (Fett, Baree) (Entered: 07/13/2011)
82011-07-29 NOTICE OF APPEARANCE by Virginia Jackson Nimick on behalf of The City of New York (Nimick, Virginia) (Entered: 07/29/2011)
92011-06-13 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Matthew Flamm dated 6/9/11 re: Request to adjourn the initial conference set for 8/16. ENDORSEMENT: The initial conference is HEREBY ADJOURNED to Tuesday, 8/23/11 at 11:30 am. The 8/9/11 deadline for the submission of pre-conference materials described in the Court's 5/6/11 Order shall remain in effect. (Initial Conference reset for 8/23/2011 at 11:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/10/11) (cd) (Entered: 08/01/2011)
102011-08-03 ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Nimick, Virginia) (Entered: 08/03/2011)
112011-08-24 REFERRAL ORDER. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. The parties shall contact the designated Magistrate Judge to schedule a settlement conference by: October 17, 2011. (Signed by Judge Richard J. Sullivan on 8/23/2011) (ft) (Entered: 08/24/2011)
122011-08-24 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to a Magistrate Judge. This case is to be tried by a jury. Depositions due by 12/21/2011. All Discovery due by 2/17/2012. Post Discovery Conference set for 3/13/2012 at 09:00 AM before Judge Richard J. Sullivan. The parties are to contact MJ Ellis by Oct. 17,2011 regarding settlement discussions. The estimated length of trial is 1 week. (Signed by Judge Richard J. Sullivan on 8/23/2011) (ft) (Entered: 08/24/2011)
132011-08-26 STIPULATION ALLOWING PLAINTIFFS TO FILE AN AMENDED COMPLAINT: It is hereby agreed by and between the undersigned, attorneys for all parties appearing, that plaintiffs may file a First Amended Complaint in the form annexed hereto as Exhibit 1 and that defendants waive no defenses by consenting to this amended pleading. So Ordered (Signed by Judge Richard J. Sullivan on 8/26/11) (js) (Entered: 08/29/2011)
142011-08-31 FIRST AMENDED COMPLAINT against Israel Cruz, Carlos Matos, Daniel Miller, The City of New York, Aaron Thorn, Marc Trelles with JURY DEMAND. Document filed by Quincy Taylor, Nicholas Taylor. (ft) (ama). (Entered: 09/01/2011)
152011-09-14 ANSWER to 14 Amended Complaint with JURY DEMAND. Document filed by Israel Cruz, Carlos Matos, Daniel Miller, The City of New York, Aaron Thorn, Marc Trelles.(Nimick, Virginia) (Entered: 09/14/2011)
162011-10-14 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis, from Matthew Flamm, dated 10/12/2011, re: joint request that Your Honor adjourn the conference by approximately three weeks, to a date convenient to the Court during the week of November 7, 2011. ENDORSEMENT: Conference adjourned to November 10, 2011 at 2:30 p.m. ( Status Conference set for 11/10/2011 at 02:30 PM before Judge Richard J. Sullivan.) (Signed by Magistrate Judge Ronald L. Ellis on 10/14/2011) (ja) Modified on 10/25/2011 (ja). (Entered: 10/17/2011)
172012-03-12 ORDER: The Court is in receipt of a joint letter, dated March 12, 2012, advising the Court that the parties have reached an agreement in principle to settle all claims in this matter. Accordingly, IT IS HEREBY ORDERED that the post-discovery conference scheduled for March 16, 2012 is adjourned sine die. IT IS FURTHER ORDERED that this action is dismissed with prejudice but without costs; provided, however, that within thirty days of the date of this Order, any party may apply by letter for restoration of this action to the calendar of the undersigned, in which event the action will be restored. (Signed by Judge Richard J. Sullivan on 3/12/2012) (mro) (Entered: 03/12/2012)
182012-04-23 STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: 1. The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified inparagraph "2" below. 2. The City of New York hereby agrees to pay plaintiff Nicholas Taylor the sum of Fifteen Thousand Dollars and Fifty Cents ($15,000.50) in full satisfaction of all his claims, and to pay plaintiff Quincy Taylor the sum of Ten Thousand Dollars and Fifty Cents ($10,000.50), plus reasonable costs, expenses and attorneys' fees up February 13, 2012. In consideration for the payment of this sum, plaintiffs agree to dismissal of all the claims against the defendants City of New York, Marc Trelles, Aaron Thorn, Daniel Miller, and Carlos Matos, and to release defendant City of New York, and any present or former employees and agents of the City of New York or any entity represented by the Office of the Corporation Counsel, from any and all liability, claims, or rights of action alleging a violation of plaintiffs' civil rights, from the beginning of the world to the day of the date of the General Release, including claims for costs, expenses, and attorneys' fees, except for Quincy Taylor's claims arising from a February 4, 2011 encounter with New York City Police Officers, currently being pursued in Taylor v. City of New York. et al., 11 CV 3897 (SJ)(VPP), and except for the claims of Nicholas Taylor which may arise out of an August 2, 2011 encounter with the New York City Police Department. (Signed by Judge Richard J. Sullivan on 4/16/2012) (djc) (Entered: 04/23/2012)
192012-07-18 STIPULATION OF SETTLEMENT OF ATTORNEYS' FEES: that Defendant City of New York shall pay to plaintiffs' counsel, Matthew S. Flamm, Esq., the sum total of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500.00) in full satisfaction of plaintiffs' attorneys' fees, expenses and costs, within ninety (90) days from the date of execution of this Stipulation. Additional relief as set forth in this Order. (Signed by Judge Richard J. Sullivan on 7/13/2012) (pl) Modified on 7/18/2012 (pl). (Entered: 07/18/2012)