Coleman v. New York

COMPLAINT against David Cohen, Thomas Galati, The City of New York. (Filing Fee $ 400.00, Receipt Number 0208-14162701)Document filed by Sara Coleman, Roland Stephens, Jon McCollum.(Saylor, Elizabeth) (Entered: 09/25/2017)

CIVIL COVER SHEET filed. (Saylor, Elizabeth) (Entered: 09/25/2017)

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint. Document filed by Sara Coleman, Jon McCollum, Roland Stephens. (Saylor, Elizabeth) (Entered: 09/25/2017)

REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Deputy Commissioner David Cohen, re: 1 Complaint. Document filed by Sara Coleman, Jon McCollum, Roland Stephens. (Saylor, Elizabeth) (Entered: 09/25/2017)

REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Assistant Chief Thomas Galati, re: 1 Complaint. Document filed by Sara Coleman, Jon McCollum, Roland Stephens. (Saylor, Elizabeth) (Entered: 09/25/2017)

ELECTRONIC SUMMONS ISSUED as to The City of New York. (kl) (Entered: 09/26/2017)

ELECTRONIC SUMMONS ISSUED as to David Cohen. (kl) (Entered: 09/26/2017)

ELECTRONIC SUMMONS ISSUED as to Thomas Galati. (kl) (Entered: 09/26/2017)

NOTICE OF APPEARANCE by Jessica Clarke on behalf of Sara Coleman, Jon McCollum, Roland Stephens. (Clarke, Jessica) (Entered: 09/26/2017)

Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)

Case Designated ECF. (kl)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elizabeth S. Saylor. The party information for the following party/parties has been modified: Sara Coleman, NYPD Dep. Comm' David Cohen, NYPD Ass't Chie Thomas Galati. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Sara Coleman, Jon McCollum, Roland Stephens. (Dunn, Christopher) (Entered: 09/28/2017)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/27/2017 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/3/2017) (anc) (Entered: 10/03/2017)

SUMMONS RETURNED EXECUTED Summons and Complaint served. The City of New York served on 10/10/2017, answer due 10/31/2017. Service was accepted by Betty Mazyck. Document filed by Sara Coleman; Roland Stephens; Jon McCollum. (Clarke, Jessica) (Entered: 10/17/2017)

SUMMONS RETURNED EXECUTED Summons and Complaint served. Thomas Galati served on 10/18/2017, answer due 11/8/2017. Service was accepted by P.O. John Toscano. Service was made by Mail. Document filed by Sara Coleman; Roland Stephens; Jon McCollum. (Clarke, Jessica) (Entered: 10/26/2017)

SUMMONS RETURNED EXECUTED Summons and Complaint served. David Cohen served on 10/26/2017, answer due 11/16/2017. Service was made by Mail. Document filed by Sara Coleman; Roland Stephens; Jon McCollum. (Clarke, Jessica) (Entered: 10/30/2017)

FIRST LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Gregory H. Woods from Ivan A. Mendez, Jr. dated October 31, 2017. Document filed by David Cohen, Thomas Galati, The City of New York.(Mendez, Ivan) (Entered: 10/31/2017)

ORDER granting 15 Letter Motion for Extension of Time to Answer. Application granted. The time for all Defendants to answer or otherwise respond to the complaint is extended to December 1, 2017. The initial pretrial conference scheduled for November 27, 2017 shall proceed as scheduled. The parties are reminded that, absent an emergency, any future requests for extensions of time must be made at least two business days prior to the relevant due date in accordance with Rule 1(E) of the Court's Individual Rules of Practice in Civil Cases. SO ORDERED. (David Cohen answer due 12/1/2017; Thomas Galati answer due 12/1/2017; The City of New York answer due 12/1/2017.) (Signed by Judge Gregory H. Woods on 10/31/2017) (anc) (Entered: 10/31/2017)

JOINT LETTER addressed to Judge Gregory H. Woods from Elizabeth Saylor dated November 20, 2017 re: Status of the Case. Document filed by Sara Coleman, Jon McCollum, Roland Stephens.(Saylor, Elizabeth) (Entered: 11/20/2017)

ORDER. On October 3, 2017, the Court directed the parties to submit a joint status letter and proposed case management plan no later than November 20, 2017. Dkt. No. 11. The Court received the parties' joint status letter, but has not received the proposed case management plan. The parties are directed to submit the proposed case management plan described in the Court's October 3, 2017 order forthwith. (HEREBY ORDERED by Judge Gregory H. Woods on November 21, 2017) (Text Only Order)(Woods, Gregory) (Entered: 11/21/2017)

Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 11/27/2017. (Court Reporter Tom Murray) (Daniels, Anthony)

CIVIL 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. 28 U.S.C. ยง 636(c). Motions due by 9/20/2018. Deposition due by 5/21/2018. Fact Discovery due by 5/21/2018. Expert Discovery due by 7/20/2018. Status Conference set for 8/6/2018 at 04:00 PM before Judge Gregory H. Woods. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 weeks, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge Gregory H. Woods on 11/28/2017) (rjm) (Entered: 11/28/2017)

ANSWER to 1 Complaint. Document filed by David Cohen, Thomas Galati, The City of New York.(Profeta, Lawrence) (Entered: 12/01/2017)

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 12/15/2017. (Signed by Judge Loretta A. Preska on 10/1/15) (mf) (Entered: 12/05/2017)

JOINT LETTER addressed to Judge Gregory H. Woods from Jessica Clarke dated December 8, 2017 re: Request to be Exempted from this Order Docket 21. Document filed by Sara Coleman, Jon McCollum, Roland Stephens.(Clarke, Jessica) (Entered: 12/08/2017)

MEMO ENDORSEMENT on re: 22 Letter filed by Roland Stephens, Jon McCollum, Sara Coleman. ENDORSEMENT: Application granted. The Court has determined that this case is not appropriate for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"). Accordingly, the case is hereby removed from the Pilot Project. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/8/2017) (anc) (Entered: 12/11/2017)

Transmission to Mediation Clerk. Transmitted re: 23 Memo Endorsement to the Mediation Clerk for case processing. (anc)

TRANSCRIPT of Proceedings re: conference held on 11/27/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Thomas Murray, (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 1/9/2018. Redacted Transcript Deadline set for 1/19/2018. Release of Transcript Restriction set for 3/19/2018.(McGuirk, Kelly) (Entered: 12/19/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/27/17 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: 12/19/2017)

LETTER addressed to Judge Gregory H. Woods from Ivan A. Mendez, Jr. dated January 16, 2018 re: Proposed Protective Order. Document filed by David Cohen, Thomas Galati, The City of New York. (Attachments: # 1 Text of Proposed Order Blackline Version, # 2 Text of Proposed Order Clean Version)(Mendez, Ivan) (Entered: 01/16/2018)

1 Text of Proposed Order Blackline Version

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2 Text of Proposed Order Clean Version

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MEMO ENDORSED on re: 27 Letter, filed by The City of New York, David Cohen, Thomas Galati. ENDORSEMENT: Application denied without prejudice to renew. The Court notes that the stipulated confidentiality agreement and proposed protective order submitted by Defendants has not been signed by the parties. The Court has nonetheless reviewed the proposed order and is disinclined to enter a protective order that contains the language set forth in paragraph 19. Defendants may renew their application by submitting a proposed protective order that does not contain that language and that has been executed by all parties. (Signed by Judge Gregory H. Woods on 1/17/2018) (js) (Entered: 01/18/2018)

LETTER addressed to Judge Gregory H. Woods from Ivan A. Mendez, Jr. dated January 18, 2018 re: Proposed Protective Order. Document filed by David Cohen, Thomas Galati, The City of New York. (Attachments: # 1 Text of Proposed Order)(Mendez, Ivan) (Entered: 01/19/2018)

1 Text of Proposed Order

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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Gregory H. Woods on 1/19/2018) (mml) (Entered: 01/19/2018)

STATUS REPORT. concerning the Status of Discovery Document filed by David Cohen, Thomas Galati, The City of New York.(Mendez, Ivan) (Entered: 04/23/2018)

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Jessica Clarke dated May 16, 2018. Document filed by Sara Coleman, Jon McCollum, Roland Stephens. (Attachments: # 1 Exhibit A - Proposed Revised Case Management Order, # 2 Exhibit B - Status Letter to Court)(Clarke, Jessica) (Entered: 05/16/2018)

1 Exhibit A - Proposed Revised Case Management Order

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2 Exhibit B - Status Letter to Court

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ORDER: with respect to 32 Letter Motion for Extension of Time to Complete Discovery. The Court will hold a conference by telephone on May 17, 2018 at 2:00 p.m. to discuss the request for an extension of the discovery deadlines. The parties are directed to jointly call Chambers (212-805-0296) at that time with all parties on the line. Telephone conference set for 5/17/2018, at 2:00 P.M. (Signed by Judge Gregory H. Woods on 5/16/2018) (ap) (Entered: 05/16/2018)

Set/Reset Hearings: Telephone Conference set for 5/17/2018 at 2:00 PM before Judge Gregory H. Woods. (ap)

Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/17/2018. (Court Reporter Pamela Utter) (Daniels, Anthony)

ORDER granting 32 Letter Motion for Extension of Time to Complete Discovery. For the reasons stated on the record during the telephone conference on May 17, 2018, the parties' joint request to extend the discovery deadlines is granted. The deadline for completion of all fact discovery, including completion of depositions, is extended to October 15, 2018. The deadline for service of requests to admit is extended to September 13, 2018. The deadline for service of party-proponent expert disclosures is extended to November 13, 2018. The deadline for service of party-opponent expert disclosures is extended to November 28, 2018. The deadline for completion of all expert discovery is extended to December 13, 2018. The deadline for the filing of motions for summary judgment is extended to February 13, 2019. The status conference scheduled for August 6, 2018 is adjourned to January 3, 2019 at 4:00 p.m. The status letter described in the Court's November 28, 2017 case management plan and scheduling order (Dkt. No. 19) is due no later than December 27, 2018. Except as expressly modified by this order, the Court's November 28, 2017 case management plan remains in full force and effect. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 05/18/2018)

Set/Reset Hearings: Status Conference set for 1/3/2019 at 04:00 PM before Judge Gregory H. Woods. (Daniels, Anthony)

JOINT LETTER addressed to Judge Gregory H. Woods from Jessica Clarke dated August 22, 2018 re: Discovery. Document filed by Sara Coleman, Jon McCollum, Roland Stephens. (Attachments: # 1 Text of Proposed Order Plaintiffs Proposed Amended Case Management Order)(Clarke, Jessica) (Entered: 08/22/2018)

1 Text of Proposed Order Plaintiffs Proposed Amended Case Management Order

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NOTICE OF APPEARANCE by Douglas Edward Lieb on behalf of Sara Coleman, Jon McCollum, Roland Stephens. (Lieb, Douglas) (Entered: 08/23/2018)

ORDER: Defendants' application is GRANTED, and Plaintiffs' application is DENIED as no longer germane. Fact Discovery due by 1/14/2019. Deposition due by 1/14/2019. Expert Discovery due by 3/11/2019. Motions due by 5/16/2019. Status Conference set for 4/8/2019 at 04:00 PM before Judge Gregory H. Woods. The Court notes this is the second extension of discovery deadlines in this case. The parties should expect no further extensions. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/24/2018) (anc) (Entered: 08/24/2018)

LETTER MOTION to Compel Defendants to Produce Discovery addressed to Judge Gregory H. Woods from Elizabeth S. Saylor dated November 23, 2018. Document filed by Sara Coleman, Jon McCollum, Roland Stephens. (Attachments: # 1 Exhibit A - Counsel's Emails on this Subject)(Saylor, Elizabeth) (Entered: 11/23/2018)

1 Exhibit A - Counsel's Emails on this Subject

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LETTER addressed to Judge Gregory H. Woods from Assistant Corporation Counsel Ivan A. Mendez, Jr. dated 11/26/18 re: Defendants' Supplement to 11-23-18 Letter. Document filed by David Cohen, Thomas Galati, The City of New York. (Attachments: # 1 Appendix Redline Version of 11-23-18 Letter)(Mendez, Ivan) (Entered: 11/26/2018)

1 Appendix Redline Version of 11-23-18 Letter

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ORDER denying 38 Letter Motion to Compel. On November 23, 2018 the parties submitted a joint letter regarding discovery disputes. Dkt. No. 38. On November 26, 2018 Defendants submitted a follow-up letter. Dkt. No. 39. The Court will hold a teleconference to discuss the issues raised in those letters on November 30, 2018 at 3:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony) (Entered: 11/27/2018)

Set/Reset Hearings: Telephone Conference set for 11/30/2018 at 03:30 PM before Judge Gregory H. Woods. (Daniels, Anthony)

LETTER MOTION to Adjourn Conference scheduled for 11/30/18 addressed to Judge Gregory H. Woods from Asssistant Corporation Counsel Ivan A. Mendez, Jr. dated 11/28/18. Document filed by David Cohen, Thomas Galati, The City of New York.(Mendez, Ivan) (Entered: 11/28/2018)

ORDER granting 41 LETTER MOTION to Adjourn Conference scheduled for 11/30/18 addressed to Judge Gregory H. Woods from Asssistant Corporation Counsel Ivan A. Mendez, Jr. dated 11/28/18. Document filed by David Cohen, Thomas Galati, The City of New York. Application granted. The teleconference scheduled for November 30, 2018 is adjourned to December 4, 2018 at 3:50 p.m. So ordered. (Telephone Conference set for 12/4/2018 at 03:50 PM before Judge Gregory H. Woods). (Signed by Judge Gregory H. Woods on 11/28/2018) (rjm) (Entered: 11/29/2018)

ORDER. The teleconference scheduled for December 4, 2018 is adjourned to December 5, 2018 at 4:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Signed by Judge Gregory H. Woods on December 4, 2018) (Woods, Gregory) (Entered: 12/04/2018)

NOTICE OF APPEARANCE by Earl S Ward on behalf of Sara Coleman, Jon McCollum, Roland Stephens. (Ward, Earl) (Entered: 12/05/2018)

LETTER MOTION to Adjourn Conference (Phone Conference) addressed to Judge Gregory H. Woods from Douglas E. Lieb dated December 5, 2018. Document filed by Sara Coleman, Jon McCollum, Roland Stephens.(Lieb, Douglas) (Entered: 12/05/2018)

ORDER granting 45 Letter Motion to Adjourn Conference. Application granted. The teleconference scheduled for today, December 5, 2018, is adjourned sine die. The Court expects the parties to promptly submit a joint letter regarding alternate dates and times. The Court further expects that letter to detail any developments since the parties' letters of November 23 and 26, 2018, Dkt. Nos. 38, 39, that may serve to shape the issues before the Court. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/5/2018) (anc) (Entered: 12/06/2018)

STATUS REPORT. submitted by the parties in response to the Court's 12/5/18 Order Document filed by David Cohen, Thomas Galati, The City of New York.(Mendez, Ivan) (Entered: 12/06/2018)

ORDER. On December 5, 2018 the Court adjourned the teleconference scheduled for that day sine die. Dkt. No. 43. That teleconference is rescheduled to December 12, 2018 at 3:50 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on December 7, 2018) (Text Only Order)(Daniels, Anthony) (Entered: 12/07/2018)

Motion for Extension of Time to Complete Discovery

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Motion for Extension of Time to Complete Discovery

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