Case Details

CourtSouthern District of New York
Docket number1:11-cv-03577
Date case filed2011-05-25
Date case closed2014-12-03
Date of latest filing
Assigned toJudge Katherine Polk Failla
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Richard Keith
Party type: Plaintiff
Attorney name: David A. Zelman
Attorney Contact:
Law Office of David A. Zelman
612 Eastern Parkway
Brooklyn, NY 11225
718-604-3072
Fax: 718-604-3074
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Justin W. Denton
Attorney Contact:
Law Office of David A. Zelman
612 Eastern Parkway
Brooklyn, NY 11225
(718) 604-3072
Fax: (718) 604-3072
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
Attorney name: Barry K. Myrvold
Attorney Contact:
Corporation Counsel, City of New York
Special Federal Litigation
100 Church Street
New York, NY 10007
2127889391
Fax: 2127889776
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: David Michael Pollack
Attorney Contact:
New York City Law Department
100 Church Street
New York, NY 10007
(212)788-1894
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Detective Jarret Brown
Party type: Defendant
Shield # 3929
Attorney name: Barry K. Myrvold
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David Michael Pollack
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officers John Does
Party type: Defendant
TERMINATED: 02/10/2012
Party: Police Officers Jane Does
Party type: Defendant
TERMINATED: 02/10/2012
Party: Lieutenant Francis Morrissey
Party type: Defendant
Attorney name: Barry K. Myrvold
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David Michael Pollack
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Detective Evelyn Guitierrez
Party type: Defendant
Shield #946
Attorney name: Barry K. Myrvold
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David Michael Pollack
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Detective Elizabeth Murray
Party type: Defendant
Shield #29078
Attorney name: Barry K. Myrvold
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: David Michael Pollack
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Detective Sarah Mathers
Party type: Defendant
Shield # 4327
Attorney name: Barry K. Myrvold
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-05-25 COMPLAINT against Jarret Brown, Police Officers Jane Does, Police Officers John Does, The City of New York. (Filing Fee $ 350.00, Receipt Number xxxx)Document filed by Richard Keith.(ama) (ama). (Entered: 05/27/2011)
22011-05-27 ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Kevin Thomas Duffy on 5/25/2011) (ama) (Entered: 05/27/2011)
32011-06-06 NOTICE OF APPEARANCE by Barry K. Myrvold on behalf of The City of New York (Myrvold, Barry) (Entered: 06/06/2011)
42011-06-15 ENDORSED LETTER addressed to Judge William H. Pauley, III from Barry Myrvold dated 6/14/2011 re: Counsel respectfully request a 60-day enlargement of time from June 15, 2011 to August 15, 2011 to answer or otherwise respond to the complaint on behalf of the City. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge William H. Pauley, III on 6/15/2011) (jfe) (Entered: 06/16/2011)
52011-06-17 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/16/2011 at 10:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/17/2011) Copies Mailed By Chambers. (tro) (Entered: 06/20/2011)
62011-08-15 ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Myrvold, Barry) (Entered: 08/15/2011)
72011-09-16 SCHEDULING ORDER: Defendant shall provide Plaintiff with the identities of any Police Officers and a photo array of potential corrections Officers involved in underlying events by October 28, 2011. The parties shall notify the Ourt of the identity of any experts and the topics on which they will opine by January 31, 2011 Amended Pleadings due by 11/10/2011. Joinder of Parties due by 11/10/2011. Discovery due by 3/15/2012. Final Pretrial Conference set for 4/27/2012 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 4/16/2012. (Signed by Judge William H. Pauley, III on 9/16/2011) (js) (Entered: 09/19/2011)
82011-11-04 ENDORSED LETTER addressed to Judge William H. Pauley, III from Barry Myrvold dated 10/28/2011 re: Accordingly, the City respectfully asks for an additional two weeks from October 28, 2011 to November 11, 2011 to provide the photo arrays for the involved correction officers, and to correspondingly enlarge the date for amended pleadings/joinder from November 10, 2011 to November 18, 2011. This extension will not affect any other dates in the current discovery plan. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 11/3/2011) (djc) (Entered: 11/04/2011)
92011-11-21 ENDORSED LETTER: addressed to Judge william H. Pauley from Barry Myrvold dated 11/10/2011 re: Counsel for defendant requests an additional two weeks from November 11 to November 28 to produce photo arrays of the correction officers who were involved in the underlying incident, and to correspondingly extend plaintiff's time to amend his complaint from November 18 to December 2, 2011. ENDORSEMENT: Application granted. So Ordered., ( Amended Pleadings due by 12/2/2011.) (Signed by Judge William H. Pauley, III on 11/18/2011) (js) (Entered: 11/21/2011)
102012-02-06 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Extension of Time for Service., MOTION for Extension of Time to Amend Complaint. Document filed by Richard Keith.(Denton, Justin) Modified on 2/6/2012 (db). (Entered: 02/06/2012)
112012-02-10 ENDORSED LETTER: addressed to Judge William H. Pauley from Justin Denton Esq. dated 2/6/2012 re: Counsel for plaintiff writes now that negotiations have stalled, Plaintiff seeks leave to amend the complaint to add additional defendants. Plaintiff also seeks additional time to serve Defendant Jarrett Brown. ENDORSEMENT: Applications granted. Plaintiff must serve Defendant Jarrett Brown within thirty days. So Ordered. (Signed by Judge William H. Pauley, III on 2/9/2012) (js) (Entered: 02/10/2012)
122012-02-10 AMENDED COMPLAINT WITH JURY DEMAND amending 1 Complaint against Jarret Brown, The City of New York, Francis Morrissey, Evelyn Guitierrez, Elizabeth Murray.Document filed by Richard Keith. Related document: 1 Complaint filed by Richard Keith.(tro) Modified on 2/16/2012 (tro). (Entered: 02/16/2012)
132012-02-24 ANSWER to 12 Amended Complaint, with JURY DEMAND. Document filed by The City of New York.(Myrvold, Barry) (Entered: 02/24/2012)
142012-03-21 SCHEDULING ORDER: For the reasons stated on the record on March 20, 2012, Defendants' application to stay the deposition of Evelyn Cooper is granted, and Ms. Cooper's deposition is stayed until June 29, 2012. The parties are directed to notify this Court as soon as there is a disposition in the state criminal proceeding captioned People v. Devon Lloyd, Ind. No. 521/2011. If there has been no disposition of the Lloyd case by June 29, 2012, the parties are directed to so notify this Court by June 29, 2012. The deadline by which all discovery in this action must be completed is adjourned to August 17, 2012. (Deposition due by 6/29/2012. Discovery due by 8/17/2012.) (Signed by Judge William H. Pauley, III on 3/20/2012) (tro) (Entered: 03/21/2012)
152012-04-17 Letter addressed to Judge William H. Pauley, III from David Zelman dated 3/12/2012 re: This office represents the plaintiff in the above referenced matter. Plaintiff submits this letter in opposition to Defendant's motion to stay the scheduled March 13, 2012 deposition of non party Evelyn Cooper. (rjm) (Entered: 04/17/2012)
162012-04-17 Letter addressed to Judge William H. Pauley, III from David Zelman dated 3/13/2012 re: Plaintiff submits this AMENDED letter in opposition to Defendant's motion to stay the deposition of non-party Evelyn Cooper. (rjm) (Entered: 04/17/2012)
172012-04-17 Letter addressed to Judge William H. Pauley, III from Barry Myrvold dated 3/12/2012 re: I am writing respectfully to request a stay of the non-party deposition of the complaining victim pending resolution of a related state prosecution. (rjm) (Entered: 04/17/2012)
182012-04-11 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Jarret Brown served on 2/27/2012, answer due 3/19/2012. Service was accepted by Sergeant James A. Carbonaro Shield #2787. Document filed by Richard Keith. (lmb) (Entered: 04/19/2012)
192012-04-25 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Francis Morrissey served on 3/13/2012, answer due 4/3/2012. Service was made by Mail. Document filed by Richard Keith. (rjm) (Entered: 04/26/2012)
202012-06-04 NOTICE OF APPEARANCE by David Michael Pollack on behalf of Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray, The City of New York (Pollack, David) (Entered: 06/04/2012)
212012-06-14 CONFIDENTIALITY STIPULATION AND ORDER....regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 6/14/2012) (pl) (Entered: 06/14/2012)
222012-06-14 ANSWER to 12 Amended Complaint, with JURY DEMAND. Document filed by Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray.(Myrvold, Barry) (Entered: 06/14/2012)
232012-06-22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Evelyn Guitierrez served on 6/4/2012, answer due 6/25/2012. Service was accepted by Ienas Sergeant. Document filed by Richard Keith. (tro) (Entered: 07/02/2012)
242012-06-22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Elizabeth Murray served on 6/5/2012, answer due 6/26/2012. Service was accepted by PAA Victoria Pisciotta. Document filed by Richard Keith. (tro) (Entered: 07/02/2012)
252012-07-12 NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge William H. Pauley, III is no longer assigned to the case. (pgu) (Entered: 07/12/2012)
262012-07-26 ORDER AND NOTICE OF CONFERENCE: that the parties appear for a conference on August 2, 2012 at 11 :00 a.m. to be held in Courtroom 9A at the U.S. Courthouse, 500 Pearl Street, New York, New York 10007. All current deadlines and schedules remain in effect. IT IS FURTHER ORDERED that to assist the Court in its supervision of this matter, the parties shall submit letters no longer than three (3) pages each by July 31, 2012 addressing the subjects that are set forth in this Order. Additional relief as set forth in this Order. (Signed by Judge Ronnie Abrams on 7/26/2012) (pl) (Entered: 07/26/2012)
272012-08-02 ORDER: For the reasons stated on the record on August 2, 2012, Defendants' request to stay the depositions of Evelyn Brown and Defendant officers is granted, and Plaintiffs request to strike Defendants' answer is denied. The depositions shall be stayed for a period of ninety (90) days, until October 31, 2012. By that date, the parties are directed to submit letters updating the Court on the status of the criminal case, any discovery that took place during the stay, and the prospect for settlement. If there is a disposition in the criminal case before October 31, 2012, the parties are directed to so notify the Court. (Signed by Judge Ronnie Abrams on 8/2/2012) (jfe) (Entered: 08/02/2012)
282012-10-18 ORDER: ORDERED that the parties meet and confer in an effort to resolve any outstanding discovery disputes. If the parties are unable to resolve their discovery disputes through this process, then the parties may raise their disputes with the Court pursuant to Rule 2(C) of the Courts Individual Rules and Practices in Civil Cases. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/18/2012) (ama) (Entered: 10/18/2012)
292012-11-16 ENDORSED LETTER: addressed to Judge Ronnie Abrams from David Zelman dated 10/30/2012 re: Counsel requests a pre-motion conference to compel defendants to produce all of the discovery outlined in plaintiff's August letter which is attached. ENDORSEMENT: A telephone conference has been scheduled for November 21, 2012 at 3:30 p.m. Please jointly call Courtroom Deputy Allison Cavale at (212)805-0162 at that time. So Ordered., ( Telephone Conference set for 11/21/2012 at 03:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 11/16/2012) (js) (Main Document 29 replaced on 11/21/2012) (arc). (Entered: 11/19/2012)
302012-11-26 ORDER: As stated on the record during the November 21, 2012 telephone conference, the depositions of Evelyn Brown and Defendant officers and the production of the entire Kings County District Attorney's investigative file as related to the rape of Evelyn Cooper shall be stayed for a period of ninety (90) days, or until February 21, 2013. By that date, the parties are directed to submit letters updating the Court on the status of the criminal case, People v. Devon Lloyd, Ind. 521 /2011, any discovery that took place during the stay, and the prospect for settlement. If there is a disposition of the criminal case before February 21, 2013, the parties are directed to so notify the Court. (Signed by Judge Ronnie Abrams on 11/26/2012) (ago) (Entered: 11/26/2012)
312012-12-11 ORDER: For the reasons stated on the record at the August 2, 2012 and November 21, 2012conferences, the Court finds that the limited stay of discovery is indeed warranted. Furthermore,the alternatives proposed by Plaintiff are not appropriate at this time. See S.E.C. v. Dresser Indus., Inc., 628 F.2d 1368, 1372 (2d Cir. 1980) (upon considering the particular circumstances of a case, "a court may decide in its discretion to stay civil proceedings, postpone civil discovery,or impose protective orders and conditions where the interests of justice seem to require such action") (internal quotations omitted). (Signed by Judge Ronnie Abrams on 12/11/2012) (js) Modified on 12/12/2012 (js). (Entered: 12/12/2012)
322013-01-21 NOTICE OF CHANGE OF ADDRESS by David A. Zelman on behalf of Richard Keith. New Address: David Zelman, Esq., 612 Eastern Parkway, Brooklyn, ny, USA 11225, 7186043072. (Zelman, David) (Entered: 01/21/2013)
332013-02-21 ENDORSED LETTER addressed to Judge Ronnie Abrams from David Zelman, Esq. dated 2/20/2013 re: Plaintiff submits this letter to advise the Court of the status of the pending criminal matter involving People v. Devon Lloyd, Index #: 521-2011, Kings County. The parties request that we report back to your Honor at the conclusion of the criminal matter. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/21/2013) (ft) (Entered: 02/21/2013)
342013-03-11 Letter addressed to Judge Ronnie Abrams from Barry Myrvold dated 3/11/2013 re: counsel for Defendants writes to provide an update on the status of the underlying criminal case against Devon Lloyd. (People v. Devon Lloyd, Kings Co. Sup. Ct., Index No. 521/11). Document filed by Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray, The City of New York. (pl) (Entered: 03/12/2013)
352013-03-22 ENDORSED LETTER addressed to Judge Ronnie Abrams from Barry Myrvold dated 3/21/2013 re: The parties respectfully propose June 21, 2012 (three months from today) as the new discovery end date in order to permit the parties to complete the remaining discovery in this case which includes the production of police paperwork relating to Devon Lloyd, as well as defendants' depositions. ENDORSEMENT: Application granted. The Court will hold a post-discovery conference on June 21, 2013 at 11:15 am. By June 14, 2013, the parties shall submit a joint letter updating the Court on the status of the case, including whether either party intends a file a dispositive motion and the prospect of settlement. SO ORDERED. (Discovery Hearing set for 6/21/2013 at 11:15 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/22/2013) (rdz) Modified on 3/26/2013 (rdz). (Entered: 03/22/2013)
362013-04-17 SECOND MOTION to Amend/Correct Complaint. Document filed by Richard Keith.(Zelman, David) (Entered: 04/17/2013)
372013-04-17 AFFIRMATION of David Zelman in Support re: 36 SECOND MOTION to Amend/Correct Complaint.. Document filed by Richard Keith. (Attachments: # 1 Exhibit, # 2 Exhibit)(Zelman, David) (Entered: 04/17/2013)
382013-04-18 DECLARATION of Barry Myrvold in Opposition re: 36 SECOND MOTION to Amend/Correct Complaint.. Document filed by Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray, The City of New York. (Attachments: # 1 Exhibit First Supplemental Disc, # 2 Exhibit Second Supplemental Disc, # 3 Exhibit Fourth Supplemental Disc)(Myrvold, Barry) (Entered: 04/18/2013)
392013-04-18 MEMORANDUM OF LAW in Opposition re: 36 SECOND MOTION to Amend/Correct Complaint.. Document filed by Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray, The City of New York. (Myrvold, Barry) (Entered: 04/18/2013)
402013-04-24 REPLY AFFIRMATION of David Zelman, Esq. in Support re: 36 SECOND MOTION to Amend/Correct Complaint.. Document filed by Richard Keith. (Zelman, David) (Entered: 04/24/2013)
412013-05-24 ENDORSED LETTER addressed to Judge Ronnie Abrams from David Zelman dated 5/17/2013 re: Plaintiff writes to your Honor regarding a discovery issue. Today, the undersigned spoke with defense counsel Barry Myrvold, Esq. regarding all of the issues raised in this letter. ENDORSEMENT: A telephone conference has been scheduled for May 29, 2013 at 3:00p.m. The parties shall jointly call Courtroom Deputy Allison Cavale at (212) 805-0162 at that time. (Signed by Judge Ronnie Abrams on 5/24/2013) (mt) (Entered: 05/24/2013)
422013-05-30 ORDER: it is hereby:ORDERED that Plaintiff's motion to amend is granted in part and denied in part.Plaintiff shall have until June 12, 2013 to file an amended complaint that addresses the deficiencies discussed during the conference. IT IS FURTHER ORDERED that the parties shall submit a joint letter by June 7, 2013 updating the Court on the status of any outstanding discovery disputes. The parties shall also submit a jointly proposed case management plan by that date. The Clerk of Court is respectfully directed to close the motion at Docket Number 36. (Signed by Judge Ronnie Abrams on 5/30/2013) (js) Modified on 5/30/2013 (js). (Entered: 05/30/2013)
432013-06-10 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a United States Magistrate Judge. This case is to be tried to a jury, 4 days. Depositions due by 9/13/2013. Fact Discovery due by 9/13/2013. All Discovery due by 9/13/2013, unless expert discovery. Post-Discovery Conference set for 9/13/2013 at 11:45 AM before Judge Ronnie Abrams, see document for other information. (Signed by Judge Ronnie Abrams on 6/10/2013) (cd) (Entered: 06/11/2013)
442013-06-14 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Ronnie Abrams is no longer assigned to the case. (pgu) (Entered: 06/14/2013)
452013-06-14 SECOND AMENDED COMPLAINT amending 12 Amended Complaint, against Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray, The City of New York, Sarah Mathers with JURY DEMAND.Document filed by Richard Keith. Related document: 12 Amended Complaint, filed by Richard Keith.(ft) (Entered: 06/17/2013)
462013-06-26 ORDER: it is hereby,ORDERED that counsel review and comply with the Courts Individual Rules of Practice in Civil Cases (Individual Rules) (available at the Courts website,http://nysd.uscourts.gov/judge/Failla). All current deadlines and schedules remain in effect, including the conference scheduled for September 13, 2013, at 11:45 a.m. to be held in to beheld in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the cases transfer. Any request for an extension or adjournment shall be made by letter as provided in Individual Rule1(E) and must be received at least 48 hours before the deadline or conference. Counsel are further ordered to submit a joint letter to the Court no later than July 12, 2013. The parties should append the most recent complaint and the most recent scheduling order to the status letter. The letter and appended documents should be e-mailed to Chambers as a single.pdf attachment at [email protected] in accordance with the Courts Individual Rules. The status letter should not exceed five pages and should include the following: as further set forth in this order (Signed by Judge Katherine Polk Failla on 6/26/2013) (js) Modified on 6/26/2013 (js). (Entered: 06/26/2013)
472013-07-01 ANSWER to 45 Amended Complaint, with JURY DEMAND. Document filed by Jarret Brown, Evelyn Guitierrez, Francis Morrissey, Elizabeth Murray, The City of New York.(Myrvold, Barry) (Entered: 07/01/2013)
482013-07-12 LETTER addressed to Judge Katherine Polk Failla from Barry Myrvold dated 7/2/2013 re: I am a Senior Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, representing defendants The City of New York, Detectives Jarret Brown, Elizabeth Murray and Evelyn Gutierrez, and Lieutenant Francis Morrissey in this civil rights action. I am writing in response to plaintiff's June 26, 2013 letter seeking a pre-motion conference with respect to plaintiff's contemplated motion to compel and/or "discovery sanctions for failure to comply with the order." (rjm) (Entered: 07/15/2013)
492013-07-12 LETTER addressed to Judge Katherine Polk Failla from David Zelman dated 7/8/2013 re: I am the attorney for Plaintiff Richard Keith in the above captioned case. I write to your Honor today in reply to defense counsel's letter dated July 2, 2013. (rjm) (Entered: 07/15/2013)
502013-07-12 LETTER addressed to Judge Katherine Polk Failla from David Zelman dated 6/26/2013 re: I am the attorney for Plaintiff Richard Keith in the above captioned case. I write to your Honor today regarding discovery issues and to request a pre-motion conference. (rjm) (Entered: 07/15/2013)
512013-07-12 ENDORSED LETTER addressed to Judge Katherine Polk Failla from David Zelman dated 7/11/2013 re: I am the attorney for plaintiff in the above-captioned matter. I write to your Honor today regarding the depositions of non-parties. ENDORSEMENT: The Court has been offered no information suggesting that these witnesses will not appear for their depositions. In consequence, the request is denied without prejudice. Should the witnesses fail to appear, the request may be renewed. (Signed by Judge Katherine Polk Failla on 7/12/2013) (rjm) (Entered: 07/15/2013)
522013-07-23 LETTER addressed to Judge Katherine Polk Failla from Barry Myrvold dated 7/19/2013 re: I am a Senior Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, representing defendants The City of New York, Detectives Jarret Brown, Elizabeth Murray and Evelyn Gutierrez, and Lieutenant Francis Morrissey in this civil rights action. I am writing, jointly with plaintiff's counsel, to provide a report on the current status of discovery in this ยง 1983 civil rights case. In accordance with your order, (Dkt. No. 46), we have attached copies of the most recent scheduling order and the second amended complaint. (rjm) (Entered: 07/23/2013)
532013-07-24 ORDER. The Court is in receipt of Plaintiff's letter dated July 19, 2013, requesting assistance from the United States Marshals Service (the "USMS") in serving subpoenas on identified deponents and ensuring that those deponents appear for their depositions. Plaintiff's request is GRANTED IN PART. The Court will transmit signed copies of the submitted subpoenas to the USMS with directions to serve them on the identified deponents. Counsel for Plaintiff is directed to contact the Civil Section of the USMS (telephone number (212) 331-7116) in order to provide any additional information to the USMS that would be useful in effecting service. The responsibilities of the USMS do not extend to ensuring the appearance of deponents at depositions, however, and the Court will not order that it assume those responsibilities in this case. (Signed by Judge Katherine Polk Failla on 7/24/2013) (rjm) (Entered: 07/24/2013)
542013-08-08 ANSWER to 45 Amended Complaint, with JURY DEMAND. Document filed by Sarah Mathers.(Myrvold, Barry) (Entered: 08/08/2013)
552013-09-12 ORDER. The conference scheduled for September 13, 2013, is hereby ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 9/12/2013) (rjm) (Entered: 09/12/2013)
562013-09-12 LETTER addressed to Judge Katherine Polk Failla from Barry Myrvold dated 9/12/13 re: plaintiff's letter requesting extension of fact discovery/adjournment of 9/13/13 conference. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York.(Myrvold, Barry) (Entered: 09/12/2013)
572013-09-13 ORDER: Accordingly, it is hereby ORDERED that the deadline for all discovery is ADJOURNED from September 13, 2013, to October 14, 2013. Absent a compelling demonstration of good cause, no further extensions will issue. SO ORDERED. (All Discovery due by 10/14/2013.) (Signed by Judge Katherine Polk Failla on 9/13/2013) (ama) (Entered: 09/13/2013)
582013-10-10 ENDORSED LETTER addressed to Judge Katherine Polk Failla from David Zelman dated 10/9/2013 re: I ask for a limited extension of discovery to accomplish the depositions as so specified in this letter. ENDORSEMENT: Request GRANTED. All depositions shall be completed by November 11, 2013. This deadline will not be extended. (Deposition due by 11/11/2013.) (Signed by Judge Katherine Polk Failla on 10/10/2013) (rjm) (Entered: 10/15/2013)
592013-10-22 LETTER MOTION for Conference (pre-motion discovery conference) addressed to Judge Katherine Polk Failla from Barry Myrvold dated 10/22/13. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York.(Myrvold, Barry) (Entered: 10/22/2013)
602013-10-28 LETTER addressed to Judge Katherine Polk Failla from David A. Zelman dated 10/25/2013 re: I am the attorney for Plaintiff in the above-captioned matter. I write today in opposition to Defendants' pre-motion letter in contemplation of moving pursuant to Fed. R. Civ. P. 36 and 37 for an order compelling responses to Defendants' First Request for Admissions dated August 14, 2013 and Defendants' Second Set of Interrogatories and Third Request for Production of Documents to Plaintiff dated August 9, 2013. Plaintiff contends that all responses to Defendants' First Request for Admissions and Second Set of Interrogatories and Third Request for Production of Documents to Plaintiff are proper. (rjm) (Entered: 10/28/2013)
612013-10-31 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/29/2013 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/1/2014.(McGuirk, Kelly) (Entered: 10/31/2013)
622013-10-31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/29/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/31/2013)
632013-11-04 LETTER addressed to Judge Katherine Polk Failla from Barry Myrvold dated 11/4/13 re: plaintiff's letter requesting extension of fact discovery/sanctions. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York.(Myrvold, Barry) (Entered: 11/04/2013)
642013-11-06 ORDER: The Court has received and reviewed the parties' letters of October 22, 2013, October 25, 2013, and November 4, 2013. The deadline for completing depositions is hereby extended to December 11, 2013 as further set forth in this order. With respect to Plaintiff's request for assistance from the United States Marshals Service ("USMS") in serving a subpoena on a non-party witness, Plaintiff's request is GRANTED. Plaintiff is hereby ORDERED to provide to the Court via e-mail a copy of a subpoena indicating the updated date and time of the intended deposition. When Plaintiff does so, the Court will transmit the submitted subpoena to the USMS with directions to serve it on the identified deponent. Counsel for Plaintiff is directed to contact the Civil Section of the USMS at (212) 331- 7116 to provide any additional information to the USMS that would be useful in effecting service. With respect to Defendants' various discovery requests, the following is hereby ORDERED: 1) When fact depositions conclude, Plaintiff shall supplement his responses to Defendants' requests for admissions as further set forth in this order., ( Deposition due by 12/11/2013.) (Signed by Judge Katherine Polk Failla on 11/4/2013) (lmb) (Entered: 11/06/2013)
652013-12-16 LETTER MOTION for Extension of Time to Complete Discovery and for Sanctions addressed to Judge Katherine Polk Failla from David Zelman, Esq. dated December 16, 2013. Document filed by Richard Keith.(Zelman, David) (Entered: 12/16/2013)
662013-12-20 LETTER REPLY to Response to Motion addressed to Judge Katherine Polk Failla from David M. Pollack, Assistant Corporation Counsel dated December 20, 2013 re: 65 LETTER MOTION for Extension of Time to Complete Discovery and for Sanctions addressed to Judge Katherine Polk Failla from David Zelman, Esq. dated December 16, 2013.. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. (Pollack, David) (Entered: 12/20/2013)
672013-12-30 ORDER denying 65 Letter Motion for Extension of Time to Complete Discovery. The parties have advised the Court that the final deposition has taken place. Plaintiff's request for additional time to conduct that deposition is accordingly moot. Plaintiff's application for sanctions is DENIED. However, should Defendants inconvenience the parties or impede the progress of this litigation again, Plaintiff has leave to renew this application for sanctions. Defendants are encouraged to avoid the need for such an application to be made in the future. (Signed by Judge Katherine Polk Failla on 12/30/2013) (lmb) (Entered: 12/30/2013)
682014-01-07 LETTER addressed to Judge Katherine Polk Failla from Barry Myrvold dated 1/7/14 re: defendants' premotion letter letter (56(c)). Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York.(Myrvold, Barry) (Entered: 01/07/2014)
692014-01-13 LETTER addressed to Judge Katherine Polk Failla from David Zelman, Esq. dated January 11, 2014 re: pre motion conference. Document filed by Richard Keith.(Zelman, David) (Entered: 01/13/2014)
702014-01-14 ORDER. The Court has received the parties' letters of January 7, 2014, and January 11, 2014. The parties are hereby ORDERED to appear for a pre-motion conference on January 29, 2014 at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Pre-Motion Conference set for 1/29/2014 at 11:00 AM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/14/2014) (rjm) (Entered: 01/15/2014)
712014-01-29 ORDER. As discussed at the conference on January 29, 2014, the following schedule for the parties' anticipated motions for summary judgment is hereby ORDERED: 1) Moving papers due by March 3, 2014; 2) Opposition papers due by April 8, 2014; and 3) Reply papers due by April 18, 2014. (Motions due by 3/3/2014. Responses due by 4/8/2014. Replies due by 4/18/2014.) (Signed by Judge Katherine Polk Failla on 1/29/2014) (rjm) (Entered: 01/29/2014)
722014-02-05 ORDER. There is a pending motion on the docket in this action for a discovery conference. (Dkt. #59). That motion was obviated by the Court's subsequent discovery Order dated November 6, 2013. (Dkt. #64). Accordingly the Clerk of Court is respectfully directed to terminate the motion pending at docket entry 59. (Signed by Judge Katherine Polk Failla on 2/5/2014) (rjm) (Entered: 02/06/2014)
732014-03-03 MOTION for Summary Judgment. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. Responses due by 4/8/2014(Myrvold, Barry) (Entered: 03/03/2014)
742014-03-03 DECLARATION of Barry Myrvold in Support re: 73 MOTION for Summary Judgment.. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. (Attachments: # 1 Exhibit second amended complaint, # 2 Exhibit answers to second amended complaint, # 3 Exhibit notice of claim, # 4 Exhibit Keith 50h transcript, # 5 Exhibit Keith deposition, # 6 Exhibit Morrissey deposition part 1, # 7 Exhibit Morrissey deposition part 2, # 8 Exhibit Brown deposition part 1, # 9 Exhibit Brown deposition part 2, # 10 Exhibit Murray deposition, # 11 Mathers deposition part 1, # 12 Exhibit Mathers deposition part 2, # 13 Exhibit Gutierrez deposition, # 14 Exhibit Litwin deposition part 1, # 15 Exhibit Litwin deposition part 2, # 16 Exhibit victim deposition, # 17 Exhibit NYPD complaint report, # 18 Exhibit DD5's part 1, # 19 Exhibit DD5's part 2, # 20 Exhibit sketch, # 21 Exhibit lineup paperwork, # 22 Exhibit arrest report, # 23 Exhibit criminal court complaint, # 24 Exhibit Inmate summary, # 25 Exhibit responses to requests for admissions, # 26 Exhibit interrogatory responses, # 27 Exhibit premotion letters, # 28 Exhibit premotion hearing transcript)(Myrvold, Barry) (Entered: 03/03/2014)
752014-03-03 RULE 56.1 STATEMENT. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. (Myrvold, Barry) (Entered: 03/03/2014)
762014-03-03 MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. (Myrvold, Barry) (Entered: 03/03/2014)
772014-03-05 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/29/2014 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/6/2014.(McGuirk, Kelly) (Entered: 03/05/2014)
782014-03-05 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/29/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/05/2014)
792014-04-03 ENDORSED LETTER addressed to Judge Katherine Polk Failla from David A. Zelman dated 4/2/2014 re: Plaintiff has requested and defendant has agreed that the existing schedule for plaintiff to file his opposition to defendants summary judgment motion will be April 14 and defendants time to reply will be extended to April 25. ENDORSEMENT: Application GRANTED. Plaintiff's opposition papers shall be filed by April 14 and Defendants' reply papers, if any, shall be filed by April 25. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/3/2014) (kgo) (Entered: 04/03/2014)
802014-04-14 AFFIRMATION of David Zelman, Esq. in Opposition re: 73 MOTION for Summary Judgment.. Document filed by Richard Keith. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Zelman, David) (Entered: 04/14/2014)
812014-04-14 MEMORANDUM OF LAW in Opposition re: 73 MOTION for Summary Judgment.. Document filed by Richard Keith. (Zelman, David) (Entered: 04/14/2014)
822014-04-14 COUNTER STATEMENT TO 75 Rule 56.1 Statement. Document filed by Richard Keith. (Zelman, David) (Entered: 04/14/2014)
832014-04-25 REPLY MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. (Myrvold, Barry) (Entered: 04/25/2014)
842014-04-25 COUNTER STATEMENT TO Document filed by Jarret Brown, Evelyn Guitierrez, Sarah Mathers, Francis Morrissey, Elizabeth Murray, The City of New York. (Myrvold, Barry) (Entered: 04/25/2014)
852014-12-01 OPINION AND ORDER re: 73 MOTION for Summary Judgment filed by Elizabeth Murray, The City of New York, Sarah Mathers, Jarret Brown, Evelyn Guitierrez, Francis Morrissey: In resolving this motion, the Court does not mean to minimize the disruptions - personal, professional, and social - occasioned by Plaintiff's arrest. The fact remains, however, that a conceded victim of a brutal assault twice identified Plaintiff as the perpetrator of that assault, and on the record before this Court, the NYPD was permitted to rely on that identification. For all these reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Specifically, Defendants' motion for summary judgment as to Plaintiff's federal and state false arrest claims is granted, as to Plaintiff's federal and state malicious prosecution claims is granted, and as to Plaintiff's federal denial of fair trial claim is granted. These claims are accordingly dismissed with prejudice. Defendants' motion for summary judgment as to Plaintiff's state law failure to intervene and respondeat superior claims is granted as to the individual Defendants and denied as to the City of New York. However, the Court declines to exercise supplemental jurisdiction over these remaining state law claims. Accordingly, Plaintiff's failure to intervene and respondeat superior claims against the City of New York are dismissed without prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 12/1/2014) (tn) (Entered: 12/01/2014)
862014-12-03 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated December 1, 2014, Defendants motion for summary judgment is granted in part and denied in part; specifically, Defendants' motion for summary judgment as to Plaintiff's federal and state false arrest claims is granted, as to Plaintiff's federal and state malicious prosecution claims is granted, and as to Plaintiff's federal denial of fair trial claim is granted; these claims are accordingly dismissed with prejudice; Defendants' motion for summary judgment as to Plaintiff's state law failure to intervene and respondeat superior claims is granted as to the individual Defendants and denied as to the City of New York; however, the Court declines to exercise supplemental jurisdiction over these remaining state law claims; accordingly, Plaintiff's failure to intervene and respondent superior claims against the City of New York are dismissed without prejudice and the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/3/2014) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 12/03/2014)
86.1 Notice of Right to Appeal
86.2 Notice of Right to Appeal
872014-12-18 Objection to taxation of costs by defendants. Document filed by Richard Keith. (Zelman, David) (Entered: 12/18/2014)
882014-12-29 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Richard Keith. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Zelman, David) Modified on 12/29/2014 (nd). (Entered: 12/29/2014)
892014-12-29 CORRECTED NOTICE OF APPEAL re: 88 Notice of Appeal, 85 Memorandum & Opinion,,,,,, 86 Clerk's Judgment,,,,. Document filed by Richard Keith. (Zelman, David) (Entered: 12/29/2014)
902016-03-28 MANDATE of USCA (Certified Copy) as to 88 Notice of Appeal, filed by Richard Keith. USCA Case Number 14-4788-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/28/2016. (nd) (Entered: 03/28/2016)
912016-04-12 BILL OF COSTS NOTICE OF TAXATION to recover costs against All Plaintiffs. Document filed by Police Officers Jane Does, Elizabeth Murray, The City of New York, Francis Morrissey, Sarah Mathers, Evelyn Guitierrez, Jarret Brown, Police Officers John Does. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 4/26/2016 (Attachments: # 1 Affidavit Declaration in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Myrvold, Barry) (Entered: 04/12/2016)
922016-04-27 TAXATION OF COSTS: as to 91 Bill of Costs Notice of Taxation. Costs are taxed on April 27, 2016 in favor of The City of New York, et al., against Richard Keith in the amount of $465.88.(dt) (Entered: 04/27/2016)