Case Details

CourtSouthern District of New York
Docket number1:13-cv-04342
Date case filed2013-06-21
Date case closed2014-07-31
Date of latest filing
Assigned toJudge Vernon S. Broderick
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Cherise Martinez
Party type: Plaintiff
as mother and natural guardian of infant plaintiff S.B.
Attorney name: Robert J. Marinelli
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Luis Martinez
Party type: Plaintiff
Attorney name: Robert J. Marinelli
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Cherise Martinez
Party type: Plaintiff
as mother and natural guardian of infant plaintiff S.B.
Attorney name: Robert J. Marinelli
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: City of New York
Party type: Defendant
Attorney name: James Finbar Desmond , Jr.
Attorney Contact:
New York City Law Department
100 Church Street
New York, NY 10007
(212) 788-0735
Fax: (212) 788-9776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: John and Jane Doe 1 through 10
Party type: Defendant
individually
Party: John and Jane Does 1 through 10
Party type: Defendant
in their official capacities (the names John and Jane Doe being fictitous, as the true names are presently unknown)
Party: Police Officer Stephanie Fidanza
Party type: Defendant
Shield No. 5835
Attorney name: James Finbar Desmond , Jr.
Attorney Contact:
New York City Law Department
100 Church Street, Room 4-114
New York, NY 10007
(212) 788-0735
Fax: (212) 788-9776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Police Officer Michael Balicki
Party type: Defendant
Shield No. 12191
Attorney name: James Finbar Desmond , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Police Officer Derrick Edouard
Party type: Defendant
Shield No. 3839
Attorney name: James Finbar Desmond , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Christopher Pasquale
Party type: Defendant
Shield No. 4418
Attorney name: James Finbar Desmond , Jr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Philip Rivera
Party type: Defendant
Party: Serenity Berry
Party type: Plaintiff
Attorney name: Robert J. Marinelli
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-06-21 COMPLAINT against City of New York, John and Jane Doe 1 through 10, John and Jane Does 1 through 10. (Filing Fee $ 350.00, Receipt Number 465401070317)Document filed by Cherise Martinez, Luis Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.).(jom) (Entered: 06/24/2013)
22013-09-30 ANSWER to 1 Complaint, with JURY DEMAND. Document filed by City of New York.(Desmond, James) (Entered: 09/30/2013)
32013-10-02 ORDER AND NOTICE OF INITIAL CONFERENCE: that this case be conducted in accordance with the Southern District of New York's "Plan for Certain ยง 1983 Cases Against the City of New York" (the "Plan"). If the Southern District mediation process mandated by the Plan is unsuccessful, counsel for all parties to appear for an initial status conference on 3/21/2014 at 11:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. By March 14, 2014, the parties shall submit a joint letter, not to exceed 5 pages, providing the information as further set forth in this Order. By March 14, 2014, the parties shall jointly submit to the Court a proposed case management plan and scheduling order. (Signed by Judge Ronnie Abrams on 10/2/2013) (tn) (Entered: 10/02/2013)
42014-01-27 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Robert Marinelli dated January 27, 2014. Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.), Luis Martinez.(Marinelli, Robert) (Entered: 01/27/2014)
52014-01-30 LETTER RESPONSE to Motion addressed to Judge Ronnie Abrams from James F. Desmond, Jr. dated January 30, 2014 re: 4 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Robert Marinelli dated January 27, 2014.. Document filed by City of New York. (Desmond, James) (Entered: 01/30/2014)
62014-02-05 ORDER denying 4 Letter Motion for Local Rule 37.2 Conference. Dkt No. 5 is hereby GRANTED. Defendants have until February 14, 2014 to provide Plaintiffs with the identities of additional individuals involved in the alleged incident. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 02/05/2014)
72014-02-25 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - SECOND MOTION to Compel City of New York et. al. to disclose the names of officers involved in the arrest of plaintiffs and requesting sanctions pursuant to Rule 37(A)(5). Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.), Luis Martinez.(Marinelli, Robert) Modified on 2/26/2014 (db). (Entered: 02/25/2014)
82014-03-13 FIRST AMENDED COMPLAINT amending 1 Complaint, against City of New York, John and Jane Doe 1 through 10, John and Jane Does 1 through 10, Stephanie Fidanza, Michael Balicki, Derrick Edouard, Christopher Pasquale with JURY DEMAND.Document filed by Cherise Martinez, Luis Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.). Related document: 1 Complaint, filed by Luis Martinez, Cherise Martinez.(mro) (msa). (Entered: 03/17/2014)
102014-03-27 ANSWER to 8 Amended Complaint, with JURY DEMAND. Document filed by Michael Balicki, City of New York, Derrick Edouard, Stephanie Fidanza, Christopher Pasquale.(Desmond, James) (Entered: 03/27/2014)
112014-04-01 FIRST LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Robert Marinelli dated 4/1/14. Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.), Luis Martinez.(Marinelli, Robert) (Entered: 04/01/2014)
122014-04-04 ORDER granting 11 Letter Motion for Conference. An Initial Conference is scheduled for 4/16/2014 at 11:45 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 04/04/2014)
132014-04-11 NOTICE of Acceptance with Offer of Judgment. Document filed by Luis Martinez. (Attachments: # 1 Rule 68 Offer to Luis Martinez, # 2 Affidavit of Service)(Marinelli, Robert) (Entered: 04/11/2014)
142014-04-16 MEMO ENDORSEMENT on re: 13 Notice of Acceptance with Offer of Judgment filed by Luis Martinez. ENDORSEMENT: Application Granted. The Clerk's Office is directed to issue a Judgment as to Luis Martinez. (Signed by Judge Vernon S. Broderick on 4/16/2014) (mro) (Entered: 04/16/2014)
152014-04-17 CLERK'S JUDGMENT: It is: ORDERED, ADJUDGED AND DECREED: that in accordance with the Court's Memorandum Endorsement (Doc. # 14), dated April 16, 2014, judgment is entered in favor of plaintiff Luis Martinez, in the amount of $7,501.00, plus reasonable attorneys' fees, expenses, and costs to the date of Defendant's Rule 68 Offer of Judgment to Plaintiff Luis Martinez. (Signed by Clerk of Court Ruby Krajick on 4/17/2014) (tn) (Entered: 04/17/2014)
162014-05-01 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Joinder of Parties due by 5/15/2014. Deposition due by 10/15/2014. Fact Discovery due by 8/15/2014. Expert Discovery due by 10/15/2014. Discovery due by 10/15/2014. No additional causes of action or defenses may be asserted after 5/15/2014 without leave of the Court. Status Conference set for 11/5/2014 at 10:00 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 5 days. (Signed by Judge Vernon S. Broderick on 5/1/2014) (kgo) Modified on 5/6/2014 (kgo). (Entered: 05/01/2014)
172014-05-07 FIRST LETTER MOTION for Extension of Time to file a motion for attorney's fees and costs addressed to Judge Vernon S. Broderick from Robert Marinelli dated 5/7/14. Document filed by Luis Martinez.(Marinelli, Robert) (Entered: 05/07/2014)
182014-05-08 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from James F. Desmond, Jr. dated May 8, 2014 re: 17 FIRST LETTER MOTION for Extension of Time to file a motion for attorney's fees and costs addressed to Judge Vernon S. Broderick from Robert Marinelli dated 5/7/14. . Document filed by Michael Balicki, City of New York, Derrick Edouard, Stephanie Fidanza, Christopher Pasquale. (Desmond, James) (Entered: 05/08/2014)
192014-05-09 ORDER denying 17 Letter Motion for Extension of Time to file a motion for attorney's fees and costs. A Pre-Motion Conference is scheduled for 6/4/14 at 12:00 p.m. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 05/09/2014)
202014-06-02 FIRST LETTER MOTION to Adjourn Conference or cancel pre-motion conference scheduled for June 4, 2014 as the parties have resolved the issue addressed to Judge Vernon S. Broderick from Robert Marinelli dated 6/2/14. Document filed by Luis Martinez.(Marinelli, Robert) (Entered: 06/02/2014)
212014-06-03 ORDER granting 20 Letter Motion to Adjourn Conference. The pre-motion conference scheduled for June 4, 2014 at 12:00 p.m. is hereby adjourned sine die. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 06/03/2014)
222014-07-01 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending 1 Complaint, 8 Amended Complaint, against Philip Rivera with JURY DEMAND.Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.). Related document: 1 Complaint, filed by Luis Martinez, Cherise Martinez, 8 Amended Complaint, filed by Luis Martinez, Cherise Martinez.(Marinelli, Robert) Modified on 7/2/2014 (laq). (Entered: 07/01/2014)
232014-07-01 REQUEST FOR ISSUANCE OF SUMMONS as to Capt. Philip Rivera, re: 22 Amended Complaint,. Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.). (Marinelli, Robert) (Entered: 07/01/2014)
242014-07-03 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Vernon S. Broderick on 7/3/2014) (mro) (Entered: 07/03/2014)
252014-07-07 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 8/6/2014 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. Counsel shall provide a confidential settlement memorandum to my chambers. The memorandum shall not be filed with the Clerk of the Court nor provided to opposing counsel. The memorandum should explain the factual and legal background of the case as it impacts on settlement negotiations; the status of prior settlement discussions between the parties; and the party's settlement proposal (range). See Order. (Signed by Magistrate Judge Andrew J. Peck on 7/7/2014) (ajs) (Entered: 07/07/2014)
262014-07-09 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending 22 Amended Complaint,, against All Defendants with JURY DEMAND.Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.). Related document: 22 Amended Complaint,, filed by Cherise Martinez.(Marinelli, Robert) Modified on 7/10/2014 (cde). (Entered: 07/09/2014)
272014-07-11 SECOND AMENDED COMPLAINT amending 1 Complaint, 26 Amended Complaint, 22 Amended Complaint,, 8 Amended Complaint, against Michael Balicki, City of New York, Derrick Edouard, Stephanie Fidanza, John and Jane Doe 1 through 10, John and Jane Does 1 through 10, Christopher Pasquale, Philip Rivera with JURY DEMAND.Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.). Related document: 1 Complaint, filed by Luis Martinez, Cherise Martinez, 26 Amended Complaint, filed by Cherise Martinez, 22 Amended Complaint,, filed by Cherise Martinez, 8 Amended Complaint, filed by Luis Martinez, Cherise Martinez.(Marinelli, Robert) (Entered: 07/11/2014)
282014-07-25 ANSWER to 27 Amended Complaint,, with JURY DEMAND. Document filed by Michael Balicki, City of New York, Derrick Edouard, Stephanie Fidanza, Christopher Pasquale.(Desmond, James) (Entered: 07/25/2014)
292014-07-30 FIRST LETTER MOTION to Adjourn Conference scheduled for August 6, 2014 because the matter has settled addressed to Magistrate Judge Andrew J. Peck from Robert Marinelli dated 7/30/14. Document filed by Cherise Martinez, Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.).(Marinelli, Robert) (Entered: 07/30/2014)
302014-07-31 ORDER OF DISMISSAL ON CONSENT: The parties having informed the Court they have reached a settlement agreement in principle and are finalizing settlement documents (see attached letter), IT IS HEREBY ORDERED THAT this action is dismissed with prejudice and without costs, provided, however that any party may reinstate the action within 30 days hereof if the settlement is not fully effectuated. Any pending motions are to be terminated as moot. The August 6, 2014 conference is cancelled. (Signed by Magistrate Judge Andrew J. Peck on 7/31/2014) (ajs) (Entered: 07/31/2014)
312014-08-12 LETTER addressed to Judge Vernon S. Broderick from James F. Desmond, Jr. dated August 12, 2014 re: Reporting Settlement. Document filed by City of New York.(Desmond, James) (Entered: 08/12/2014)
322015-06-30 FIRST LETTER MOTION to Reopen Case ,allow plaintiff to file an amended complaint, and allow the parties to submit an updated settlement stipulation addressed to Judge Vernon S. Broderick from Robert Marinelli, Esq. dated 6/30/15. Document filed by Cherise Martinez(as mother and natural guardian of infant plaintiff S.B.).(Marinelli, Robert) (Entered: 06/30/2015)
332015-07-01 ORDER granting 32 Letter Motion to Reopen Case. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/01/2015) (ama) (Entered: 07/01/2015)
342015-07-02 AMENDED COUNTERCLAIM amending 27 Amended Complaint,, against All Defendants.Document filed by Serenity Berry. Related document: 27 Amended Complaint,, filed by Cherise Martinez.(Marinelli, Robert) (Entered: 07/02/2015)