Case Details

CourtSouthern District of New York
Docket number1:11-cv-07291
Date case filed2011-10-17
Date case closed2012-07-10
Date of latest filing
Assigned toJudge Robert W. Sweet
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Sophia Elliott
Party type: Plaintiff
Attorney name: David A. Zelman
Attorney Contact:
Law Office of David A. Zelman
225 Broadway, 38th Floor
New York, NY 10007
718-604-3072
Fax: 718-604-3074
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: J.E.
Party type: Plaintiff
an infant by his mother and natural guardian, Sophia Elliott
Attorney name: David A. Zelman
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
Attorney name: Andrew Patrick Wenzel
Attorney Contact:
New York City Law Department
100 Church Street
New York, NY 10007
(607) 592-1394
Fax: (212) 788-0367
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Police Officer FNU Figueroa
Party type: Defendant
Attorney name: Andrew Patrick Wenzel
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Police Officers Jane Doe(s)
Party type: Defendant
46th Precinct
Party: Police Officers John Doe(S)
Party type: Defendant
46th Precinct

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-10-17 ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge William H. Pauley, III on 10/17/2011) (rdz) (Entered: 10/24/2011)
22011-10-17 COMPLAINT against Figueroa, Jane Doe(s), John Doe(S), The City of New York. Document filed by Sophia Elliott, J.E..(rdz) (Entered: 10/24/2011)
32011-10-25 AFFIDAVIT OF SERVICE. The City of New York served on 10/17/2011, answer due 11/7/2011. Service was accepted by Dimitriy Aronov, Process Clerk. Document filed by Sophia Elliott. (Denton, Justin) (Entered: 10/25/2011)
42012-01-05 ANSWER to 2 Complaint with JURY DEMAND. Document filed by Figueroa, The City of New York.(Wenzel, Andrew) (Entered: 01/05/2012)
52012-03-07 ORDER: The Plaintiff's letter dated March 5, 2012 will be treated as a motion and heard at noon on Thursday, March 15, 2012 in Courtroom 18C. ( Oral Argument set for 3/15/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/7/2012) (djc) (Entered: 03/07/2012)
62012-04-11 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Figueroa served on 2/10/2012, answer due 3/2/2012. Service was accepted by Galvin (Sergeant). Document filed by Sophia Elliott.11/16/2011 Sent out for mail service, no response. 1/9/2012 Set up for Per/Service(js) (Entered: 04/13/2012)
82012-07-10 SEALED DOCUMENT placed in vault.(mps) (Entered: 07/10/2012)
92012-07-31 ORDER: Plaintiff's letter dated July 21 will be treated as a motion and heard on submission, without oral argument, on August 15, 2012. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 7/29/2012) (jar) (Entered: 07/31/2012)
102012-07-31 ENDORSED LETTER addressed to Judge Robert W. Sweet from Andrew Wenzel dated 7/26/2012 re: asking the Court to allow Mr. Wenzel until Wednesday, August 1st to respond to Mr. Zelman's letter dated 7/21/2012. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 7/29/2012) (jar) (Entered: 07/31/2012)
112012-09-05 OPINION #102299: For the reasons set forth above, Plaintiffs' motion to enforce the settlement is granted, and this matter is referred to mediation to determine the appropriate extent to which Plaintiffs will release Defendants from other claims. So Ordered. (Signed by Judge Robert W. Sweet on 8/31/2012) (js) Modified on 9/19/2012 (ft). (Entered: 09/05/2012)
122012-09-14 STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: The above-referenced action is hereby dismissed against Defendants, with prejudice, and without costs. expenses, or attorneys' fees in excess of the amount specified in paragraph 2 below. Defendant City of New York hereby agrees to pay Plaintiff Sophia Elliott, the sum of NINE THOUSAND Dollars ($9,000.00) and infant plaintiff I.E., a minor under the age of eighteen, by his mother and natural guardian Sophia Elliott, the sum of FIVE THOUSAND Dollars ($5,000) in full satisfaction of all claims, including claims for costs, expenses, and attorneys' fees. Additional relief as set forth in this Order. (Signed by Judge Robert W. Sweet on 9/14/2012) (pl) Modified on 9/17/2012 (pl). (Entered: 09/17/2012)
132013-01-04 ORDER: Plaintiff's letter dated December 18, 2012 will be treated as a motion and heard at noon on Wednesday, January 30, 2013, in courtroom 18C. Any opposition papers are due on January 22, 2013, and any reply papers are due on January 29, 2013. (Responses due by 1/22/2013, Replies due by 1/29/2013.) (Motion Hearing set for 1/30/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/2/2013) (djc) (Entered: 01/04/2013)
142013-01-16 ENDORSED LETTER addressed to Judge Robert W. Sweet from David A. Zelman dated 1/16/2013 re: Plaintiff's counsel writes to request that the time of the January 30th conference be changed from noon to later that afternoon, 3 PM and later, or the next day. ENDORSEMENT: The application will be heard at 3 PM on 1/30/13. So Ordered. (Signed by Judge Robert W. Sweet on 1/16/2013) (ago) (Entered: 01/16/2013)
152013-07-10 OPINION: #103356 For the reasons set forth above, Plaintiffs' motion (for an award of interest) is granted. Submit judgment on notice. (Signed by Judge Robert W. Sweet on 7/7/2013) (cd) Modified on 7/19/2013 (jab). (Entered: 07/10/2013)
162013-07-24 JUDGMENT PURSUANT TO CPLR ยง 5003-a(e)#13,1477: in favor of Sophia Elliott against The City of New York in the amount of $ 208.60; in favor of I.E. against The City of New York in the amount of #146.71; and plaintiff's attorneys recovery attorney's fees in the amoun of $2,640.00, for time spent preparing and arguing the motion. (Signed by Judge Robert W. Sweet on 7/23/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 07/25/2013)