Case Details

CourtSouthern District of New York
Docket number1:12-cv-02011
Date case filed2012-03-19
Date case closed2013-01-02
Date of latest filing
Assigned toJudge Shira A. Scheindlin
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Dean Bowman
Party type: Plaintiff
Attorney name: David Bruce Rankin
Attorney Contact:
Beldock Levine & Hoffman LLP
99 Park Ave 26th Floor
New York, NY 10016
212-490-0400
Fax: 212-277-5880
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Robert Matthew Quackenbush
Attorney Contact:
Rankin & Taylor, PLLC
11 Park Place, Suite 914
New York, NY 10007
(212)-226-4507
Fax: (212)-658-9480
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
Attorney name: Deborah L. Mbabazi
Attorney Contact:
New York City Law Department
500 Church Street
New York, NY 10007
(212) 442-2380
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: NYC P.D. P.O. John Doe 1 through 9
Party type: Defendant
In Official Capacity (the names John Doe and Richard Roe being fictitious, as their true names and shield numbers are presently unknown)
Party: Supervisory Officer Richard Roe
Party type: Defendant
In Official Capacity (the names John Doe and Richard Roe being fictitious, as their true names and shield numbers are presently unknown)
Party: NYC P.D. P.O. John Doe 1 through 9
Party type: Defendant
In Official Capacity (the names John Doe and Richard Roe being fictitious, as their true names and shield numbers are presently unknown)
Party: Supervisory Officer Richard Roe
Party type: Defendant
In Official Capacity (the names John Doe and Richard Roe being fictitious, as their true names and shield numbers are presently unknown)
Party: Carlos Matos
Party type: Defendant
Attorney name: Deborah L. Mbabazi
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Lt. Thomas O'Neill
Party type: Defendant
Attorney name: Deborah L. Mbabazi
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-03-19 COMPLAINT against John Doe 1 through 9(In Official Capacity (the names John Doe and Richard Roe being fictitious, as their true names and shield numbers are presently unknown)), John Doe 1 through 9(Individually (the names John Doe and Richard Roe being fictitious, as their true names and shield numbers are presently unknown)), Richard Roe, Richard Roe, The City of New York. (Filing Fee $ 350.00, Receipt Number 465401032958)Document filed by Dean Bowman.(rdz) (Entered: 03/21/2012)
22012-03-28 NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 03/28/2012)
32012-04-03 SUMMONS RETURNED EXECUTED. The City of New York served on 4/3/2012, answer due 4/24/2012. Service was accepted by Dmitry Aronov. Document filed by Dean Bowman. (Quackenbush, Robert) (Entered: 04/03/2012)
42012-04-09 NOTICE OF APPEARANCE by Deborah L. Mbabazi on behalf of The City of New York (Mbabazi, Deborah) (Entered: 04/09/2012)
52012-06-06 NOTICE OF APPEARANCE by Robert Matthew Quackenbush on behalf of Dean Bowman (Quackenbush, Robert) (Entered: 06/06/2012)
62012-06-22 ANSWER to 1 Complaint, with JURY DEMAND. Document filed by The City of New York.(Mbabazi, Deborah) (Entered: 06/22/2012)
72012-08-06 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert M. Quackenbush dated 8/3/2012 re: I am an associate attorney at Rankin and Taylor, PLLC, attorneys for the plaintiff in the above-referenced matter. Pursuant to Section II(D) of Your Honor's Individual Rules and Procedures, plaintiff respectfully requests that the Court extend the deadline for plaintiff to amend the complaint, from August 3, 2012 until September 17, 2012. ENDORSEMENT: Request granted. The deadline for the plaintiff to amend the amended complaint is extended from August 3, 2012 until September 17, 2012. ( Amended Pleadings due by 9/17/2012.) (Signed by Judge Shira A. Scheindlin on 8/6/2012) (djc) (Entered: 08/06/2012)
82012-09-04 AMENDED COMPLAINT amending 1 Complaint, against The City of New York, Carlos Matos, Thomas O'Neill with JURY DEMAND.Document filed by Dean Bowman. Related document: 1 Complaint, filed by Dean Bowman.(cd) (sac). (Entered: 09/06/2012)
92012-09-20 SUMMONS RETURNED EXECUTED. Carlos Matos served on 9/11/2012, answer due 10/2/2012. Service was accepted by "Jane" Brown. Service was made by Mail. Document filed by Dean Bowman. (Quackenbush, Robert) (Entered: 09/20/2012)
102012-09-20 SUMMONS RETURNED EXECUTED. Thomas O'Neill served on 9/11/2012, answer due 10/2/2012. Service was accepted by "Jane" Brown. Service was made by Mail. Document filed by Dean Bowman. (Quackenbush, Robert) (Entered: 09/20/2012)
112012-09-28 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert M. Quackenbush dated 9/27/2012 re: Request for initial pretrial conference. ENDORSEMENT: An initial pre-trial conference is scheduled for October 16, 2012 at 5:00 p.m. So ordered. (Initial Conference set for 10/16/2012 at 05:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/28/2012) (rjm) (Entered: 09/28/2012)
122012-10-03 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert M. Quackenbush dated 10/3/2012 re: I write to respectfully request a brief adjournment of the initial pre-trial conference currently scheduled for October 16, 2012 at 5:00 p.m. ENDORSEMENT: Plaintiff's request to adjourn the initial pre-trial conference is granted and rescheduled to November 2, 2012 at 4:30pm., ( Initial Conference set for 11/2/2012 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 10/3/2012) (lmb) (Entered: 10/03/2012)
142012-11-15 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. End of January/beginning of February would be good. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/14/2012) (ama) (Entered: 11/15/2012)
152012-11-15 SCHEDULING ORDER: Discovery due by 3/15/2013. Final Pretrial Conference set for 4/3/2013 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 5/10/2013. (Signed by Judge Shira A. Scheindlin on 11/14/2012) (lmb) (Entered: 11/16/2012)
162012-12-04 AFFIDAVIT OF SERVICE. The City of New York served on 11/15/2012, answer due 12/6/2012. Service was made by Mail. Document filed by Dean Bowman. (Quackenbush, Robert) (Entered: 12/04/2012)
172012-12-17 ANSWER to 8 Amended Complaint with JURY DEMAND. Document filed by Carlos Matos, Thomas O'Neill, The City of New York.(Mbabazi, Deborah) (Entered: 12/17/2012)
182012-12-26 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for February 11,2013 at 11:30 a.m.in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. All persons attending the conference should arrive early to allow for the time required to pass through the security clearance process. The Court's "Standing Order Applicable to Settlement Conferences Before Judge Gorenstein" is enclosed and is incorporated herein by reference. Please read the Standing Order carefully. The parties are directed to pay particular attention to paragraph 6 of the Standing Order, which sets forth who must appear at the conference on behalf of a corporate or union client. As noted therein, corporations (or any other party that is not a natural person) must send to the conference the person responsible for giving settlement authority within the organization -- not someone who has received authority from another person. In addition, if an insurer has any role in approving a settlement, a representative of the insurer with responsibility for authorizing settlement must also attend the conference. Attorneys are responsible for ensuring that the appropriate individuals appear. The parties should also note that paragraph 3 of the Standing Order requires certain written submissions, which must be received by the Court and all other parties no later than 12:00 noon three business days before the conference: that is, February 6, 2013. These submissions cannot be sent to the Court by means of the ECF system. Also, attorneys must ensure that their client and/or insurer have read the other side's submission prior to the conference. Under paragraph 8 of the Standing Order, counsel are required to seek a change in the date of the conference if (1) an adjournment would permit a party to obtain information that would make the conference more fruitful or (2) a client who would otherwise participate by telephone would be available to attend the conference in person were it held on another date. The parties should follow the instructions in paragraph 8 to seek any change in date.Each counsel must promptly confirm that all other attorneys and/or relevant on theparties received a copy of this Order along with the attached Standing Order.If the plaintiff has not already made a settlement demand, such a demand shall becommunicated to the opposing party no later than 14 days prior to the conference. If it has notalready done so, the opposing party shall respond to any demand no later than 7 days thereafter. Any party seeking to vary the procedures outlined in this Order should obtain the viewsof all other parties and thereafter make an application to the Court promptly by letter. Settlement Conference set for 2/11/2013 at 11:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/26/2012) (ago) (Entered: 12/26/2012)
192012-12-31 NOTICE OF CHANGE OF ADDRESS by Robert Matthew Quackenbush on behalf of Dean Bowman. New Address: Rankin & Taylor, PLLC, 11 Park Place, Suite 914, New York, NY, 10007, 212-226-4507. (Quackenbush, Robert) (Entered: 12/31/2012)
202013-01-02 ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert M. Quakenbush dated 12/31/2012 re: counsel for Plaintiff respectfully request that the Court adjourn the settlement conference currently scheduled for February 11, 2013 at 11:30 a.m., sine die. ENDORSEMENT: Granted. Conference adjourned sine die. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/2/2013) (pl) (Entered: 01/02/2013)
212013-01-02 ORDER: that the above captioned action be discontinued with prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, counsel for either side may apply by letter for restoration of the action to the calendar of the undersigned if the settlement is not effected, in which event the action will be restored. The clerk of the court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 1/2/2013) (pl) (Entered: 01/02/2013)
222013-02-27 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. The City of New York hereby agrees to pay plaintiff Dean Bowman the sum of EIGHTEEN THOUSAND ($18,000) DOLLARS in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. In consideration for payment of this sum, plaintiff agrees to dismissal of all the claims against the defendants and to release all defendants, the City of New York, Carlos Matos and Thomas O'Neil and any present or former employees and agents of the City of New York or any entity represented by the Office of the Corporation from any and all liability, claims, or rights of action alleging a violation of plaintiff's civil rights, from the beginning of the world to the date of the General Release, including claims for costs, expenses, and attorneys' fees. (Signed by Judge Shira A. Scheindlin on 2/26/2013) (ja) (Entered: 02/27/2013)