Case: LoGerfo v. City of New York

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Nicholas Dupree, Deborah LoGerfo. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons City of New York, # 3 Proposed Summons City of New York Police Department, # 4 Proposed Summons County of Nassau, # 5 Proposed Summons Nassau County Office of Emergency Management, # 6 Proposed Summons Suffolk County, # 7 Proposed Summons Suffolk County Office of Emergency Services) (Rodin, Deanna) Modified document number on 1/4/2017 (Rodin, Deanna). (Entered: 01/04/2017)

FILING FEE: $ 400, receipt number 0207-9174028 (Rodin, Deanna)

Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Additional attachment(s) added on 1/4/2017: # 1 Additional Corrections) (Rodin, Deanna). (Entered: 01/04/2017)

Notice(Other)

Filing Fee Received

Incorrect Document Entry Information. Defendant was added to the case incorrectly; defendant was deleted and re-entered; then document entry #1 was deleted and re-entered against all defendants. (Rodin, Deanna)

Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint; additionally, the defendants listed in the section that reads "To: (Defendant's name and address)" do not match the defendants in the caption of the complaint; the Clerk's Office cannot issue the summonses. Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Entered: 01/04/2017)

Proposed Summons. by Nicholas Dupree, Deborah LoGerfo (Liss, Sara) (Entered: 01/05/2017)

Proposed Summons. by Nicholas Dupree, Deborah LoGerfo (Liss, Sara) (Entered: 01/05/2017)

Proposed Summons. by Nicholas Dupree, Deborah LoGerfo (Liss, Sara) (Entered: 01/05/2017)

Proposed Summons. by Nicholas Dupree, Deborah LoGerfo (Liss, Sara) (Entered: 01/05/2017)

Proposed Summons. by Nicholas Dupree, Deborah LoGerfo (Liss, Sara) (Entered: 01/05/2017)

Proposed Summons. by Nicholas Dupree, Deborah LoGerfo (Liss, Sara) (Entered: 01/05/2017)

Summons Issued as to All Defendants. (Ortiz, Grisel) (Entered: 01/06/2017)

AMENDED COMPLAINT against All Defendants, filed by Nicholas Dupree, Deborah LoGerfo. (Liss, Sara) (Entered: 01/09/2017)

AMENDED COMPLAINT against All Defendants, filed by Nicholas Dupree, Deborah LoGerfo. (Liss, Sara) (Entered: 01/09/2017)

NOTICE of Appearance by Elizabeth Carolyn DeGori on behalf of City of New York, City of New York Police Department (aty to be noticed) (DeGori, Elizabeth) (Entered: 02/17/2017)

NOTICE of Appearance by Carolyn Elizabeth Kruk on behalf of City of New York, City of New York Police Department (aty to be noticed) (Kruk, Carolyn) (Entered: 02/17/2017)

ANSWER to 12 Amended Complaint by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 02/21/2017)

NOTICE of Appearance by Ralph J. Reissman on behalf of County of Nassau, New York, Nassau County Office of Emergency Management (aty to be noticed) (Reissman, Ralph) (Entered: 03/13/2017)

SUGGESTION OF DEATH Upon the Record as to Nicholas Dupree by Nicholas Dupree (Liss, Sara) (Entered: 03/21/2017)

NOTICE of Appearance by Susan A. Flynn on behalf of County Of Suffolk, New York, Suffolk County Office of Emergency Management (aty to be noticed) (Flynn, Susan) (Entered: 04/03/2017)

AMENDED COMPLAINT Second against City of New York, City of New York Police Department, County Of Suffolk, New York, County of Nassau, New York, Nassau County Office of Emergency Management, Suffolk County Office of Emergency Management, filed by Deborah LoGerfo. (Barlow, Jessica) (Entered: 05/26/2017)

MOTION for Leave to File Second Amended Complaint by Deborah LoGerfo. (Barlow, Jessica) (Entered: 05/26/2017)

NOTICE of Appearance by Jessica Barlow on behalf of Deborah LoGerfo (notification declined or already on case) (Barlow, Jessica) (Entered: 05/26/2017)

ORDER re 20 Motion for Leave to File Second Amended Complaint. Ordered by Judge Joan M. Azrack on 5/30/2017. (Florio, Lisa) (Entered: 05/30/2017)

NOTICE of Appearance by L. Adriana Lopez on behalf of County Of Suffolk, New York, Suffolk County Office of Emergency Management (aty to be noticed) (Lopez, L. Adriana) (Entered: 06/15/2017)

MOTION for pre motion conference in advance of bringing a motion to dismiss pursuant to Rule 12(b)(1) and (6) by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 06/15/2017)

Letter MOTION for pre motion conference . Filed by County Of Suffolk, New York, Suffolk County Office of Emergency Management. (Lopez, L. Adriana) (Entered: 06/16/2017)

Letter MOTION for pre motion conference re 19 Amended Complaint, by County of Nassau, New York, Nassau County Office of Emergency Management. (Reissman, Ralph) (Entered: 06/21/2017)

RESPONSE in Opposition re 24 MOTION for pre motion conference in advance of bringing a motion to dismiss pursuant to Rule 12(b)(1) and (6) filed by Deborah LoGerfo. (Barlow, Jessica) (Entered: 06/23/2017)

RESPONSE in Opposition re 25 Letter MOTION for pre motion conference . Filed filed by Deborah LoGerfo. (Barlow, Jessica) (Entered: 06/23/2017)

RESPONSE in Opposition re 26 Letter MOTION for pre motion conference re 19 Amended Complaint, filed by Deborah LoGerfo. (Barlow, Jessica) (Entered: 06/23/2017)

ORDER granting 25 Motion for Pre Motion Conference; granting 26 Motion for Pre Motion Conference; granting 24 Motion for Pre Motion Conference. A pre-motion conference will be held on 9/6/2017 at 12:00 PM before the undersigned in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 7/13/2017. (Posillico, Lauren)

Order on Motion for Pre Motion Conference AND Order on Motion for Pre Motion Conference AND Order on Motion for Pre Motion Conference

First MOTION to Withdraw as Attorney Elizabeth Grossman by Deborah LoGerfo. (Barlow, Jessica) (Entered: 07/14/2017)

Motion to Appear by Telephone Attorney Jessica Barlow by Deborah LoGerfo. (Barlow, Jessica) (Entered: 08/28/2017)

ORDER granting 31 Motion to Appear by Telephone. Counsel is directed to contact Chambers at (631) 712-5600 approximately 5 minutes prior to the Pre-Motion Conference on 9/6/2017. Ordered by Judge Joan M. Azrack on 8/29/2017. (Flanagan, Doreen)

Order on Motion to Appear by Telephone

NOTICE of Appearance by Simeon Lee Goldman on behalf of Deborah LoGerfo (aty to be noticed) (Goldman, Simeon) (Entered: 08/29/2017)

Motion to Appear by Telephone by County Of Suffolk, New York, Suffolk County Office of Emergency Management. (Zwilling, Arlene) (Entered: 09/05/2017)

ORDER granting 33 Motion to Appear by Telephone. Assistant County Attorney Zwilling is directed to contact Chambers at (631) 712-5600 approximately 5 minutes prior to the Pre-Motion Conference. Ordered by Judge Joan M. Azrack on 9/6/2017. (Rice, Thomas)

Order on Motion to Appear by Telephone

Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR PRE-MOTION CONFERENCE. Counsels For Plaintiff: Simeon Goldman, Sara Liss, Srabone Monir and, Jessica Barlow, present via Telephone. Counsels For Defendant: Carolyn Kruk, Elizabeth DeGori, Liora Ben-Sorek, Samantha Goetz and, Arlene Zwilling, present via Telephone. Pre Motion Conference held on 9/6/2017 at 12:00 PM. telephone status conference with the Nassau and Suffolk County Defendants is scheduled on 10/17/17 at 2:00 PM. Counsel for Defendant Nassau County shall initiate the call and contact Chambers at (631) 712-5600 when all parties are on the line. The County Defendants and Plaintiffs' Counsel are to engage in settlement discussions prior to the 10/17/2017 telephone status conference. Other: Motion practice is suspended pending scheduled settlement discussions. (FTR Log #FTR: 12:12-12:29.) (Ortiz, Grisel) (Entered: 09/06/2017)

Consent MOTION to Adjourn Conference by County of Nassau, New York, Nassau County Office of Emergency Management. (Reissman, Ralph) (Entered: 10/03/2017)

ORDER granting 35 Motion to Adjourn Conference. The telephone status conference with the Nassau and Suffolk County Defendants scheduled for 10/17/2017 is ADJOURNED to 11/1/2017 at 2:00 PM. Counsel for Defendant Nassau County shall initiate the call and contact Chambers at (631) 712-5600 when all parties are on the line. Ordered by Judge Joan M. Azrack on 10/4/2017. (Flanagan, Doreen)

Order on Motion to Adjourn Conference

Set/Reset Hearings: A telephone status conference with the Nassau and Suffolk County Defendants is set for 11/1/2017 at 02:00 PM before Judge Joan M. Azrack. (Flanagan, Doreen)

NOTICE of Appearance by Dana Kobos on behalf of County Of Suffolk, New York, Suffolk County Office of Emergency Management (aty to be noticed) (Kobos, Dana) (Entered: 10/12/2017)

NOTICE of Change of attorney email address by Dana Kobos dana.kobos@suffolkcountyny.gov (Kobos, Dana) (Entered: 10/12/2017)

Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE STATUS CONFERENCE. Counsel For Plaintiff: Srabone Monir, Sarah Liss, Sim Goldman, Jessica Barlow, present. CounselFor Defendant: Ralph Reissman, Susan Flynn, Dana Kobos, present. Telephone Conference held on 11/1/2017 at 2:00 PM. Next telephone conference scheduled for 3/22/2018 at 9:30 AM. Counsel for the plaintiff shall initiate the call and contact Chambers at 631-712-5600 when all parties are on the line. (Ortiz, Grisel) (Entered: 11/01/2017)

SCHEDULING ORDER: The telephone conference scheduled on 3/22/2018 at 9:30 AM is ADVANCED to 9:15 AM. Ordered by Judge Joan M. Azrack on 2/1/2018. (Posillico, Lauren)

Scheduling Order

Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE CONFERENCE. Counsel For Plaintiff: Sara Liss, Simeon Goldman, Jessica Barlow, present. Counsel For Defendant: Ralph Reissman, Susan Fynn, Dana Kobos, Carolyn Kruk, Elizabeth DeGori, present. Telephone Conference held on 3/22/2018 at 9:15 AM. Parties are to submit a joint proposed briefing schedule, with the motion fully briefed by June 30, 2018. (Ortiz, Grisel) (Entered: 03/22/2018)

Letter Regarding Joint Proposed Briefing Schedule by City of New York, City of New York Police Department (DeGori, Elizabeth) (Entered: 03/23/2018)

SCHEDULING ORDER: Pursuant to the 40 joint proposed briefing schedule submitted by the parties, Defendants shall serve their motions to dismiss by May 18, 2018; Plaintiffs shall serve their opposition papers by June 22, 2018; and Defendants shall serve their reply papers, if any, by June 29, 2018, and file the full sets of motion papers by ECF in accordance with the Court's individual rules. Ordered by Judge Joan M. Azrack on 3/28/2018. (Aravand, Pouneh)

Scheduling Order

Letter MOTION to Withdraw as Attorney by County Of Suffolk, New York, Suffolk County Office of Emergency Management. (Kobos, Dana) (Entered: 04/24/2018)

Electronic ORDER granting 41 Motion to Withdraw as Attorney. Attorney L. Adriana Lopez terminated. So Ordered by Magistrate Judge Anne Y. Shields on 4/25/2018. (Casalini, Rosalinde)

First MOTION for Extension of Time to File motion to dismiss Complaint by County of Nassau, New York, Nassau County Office of Emergency Management. (Reissman, Ralph) (Entered: 05/24/2018)

ORDER granting 42 Motion for Extension of Time to File. The Court's March 28, 2018 scheduling order is modified as follows: County of Nassau, Nassau County Edward Mangano, Nassau County Office of Emergency Management ("OEM") and OEM Commissioner Craig J. Craft (collectively, the "County Defendants") shall serve their motion to dismiss by June 22, 2018; Plaintiffs shall serve their opposition papers by July 23, 2018; and County Defendants shall serve their reply papers, if any, by August 6, 2018, and file the full set of motion papers by ECF in accordance with the Court's individual rules. Ordered by Judge Joan M. Azrack on 5/24/2018. (Aravand, Pouneh) Modified as Directed by Chambers on 6/4/2018 (Ortiz, Grisel).

MOTION for Extension of Time to File Response/Reply by Deborah LoGerfo. (Barlow, Jessica) (Entered: 06/06/2018)

ORDER granting 43 Motion for Extension of Time to File Response/Reply. Plaintiff shall serve joint opposition papers by July 23, 2018 and shall file a single maximum 35 page reply memorandum. Ordered by Judge Joan M. Azrack on 6/6/2018. (Aravand, Pouneh)

First MOTION for Extension of Time to File Response/Reply to plaintiff's opposition to County Defendants' motion to dismiss Complaint by County of Nassau, New York, Nassau County Office of Emergency Management. (Reissman, Ralph) (Entered: 07/27/2018)

ORDER granting 44 Motion for Extension of Time to File Response/Reply. County defendants shall serve their reply memorandum of law and file the fully briefed motion by September 3, 2018 instead of August 31, 2018. (Aravand, Pouneh) (Entered: 07/31/2018)

First MOTION for Extension of Time to File Response/Reply by County Of Suffolk, New York, Suffolk County Office of Emergency Management. (Kobos, Dana) (Entered: 08/01/2018)

First MOTION for Extension of Time to File Response/Reply by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 08/02/2018)

ORDER granting 47 and 46 Motions for Extension of Time to File Response/Reply and modifying the Court's 7/31/2018 45 order granting Nassau County defendants' motion for extension of time. All defendants shall serve their reply memoranda of law and file the fully briefed motions by September 4, 2018. Ordered by Judge Joan M. Azrack on 8/3/2018. (Aravand, Pouneh) Modified on 8/31/2018 (Ortiz, Grisel).

Fully Briefed MOTION to Dismiss Second Amended Complaint pursuant to FRCP 12(b)(1) and 12(b)(6) by County of Nassau, New York, Nassau County Office of Emergency Management. (Attachments: # 1 Memorandum in Support, # 2 Memorandum in Opposition, # 3 Memorandum in Support) (Reissman, Ralph) (Entered: 08/24/2018)

Letter Regarding Motion to Withdraw as Counsel by City of New York, City of New York Police Department (DeGori, Elizabeth) (Entered: 08/29/2018)

ORDER re 49 Letter Regarding Motion to Withdraw as Counsel. SO ORDERED that the application is granted. Ordered by Judge Joan M. Azrack on 8/30/2018. (Florio, Lisa) (Entered: 08/30/2018)

Notice of MOTION to Dismiss Complaint by County Of Suffolk, New York, Suffolk County Office of Emergency Management. (Attachments: # 1 Declaration of Dana L. Kobos, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Memorandum in Support of Motion to Dismiss, # 7 Memorandum in Opposition Plaintiff's Memo in Opposition to Defendants' Motion to Dismiss, # 8 Declaration Reply by Dana L. Kobos, # 9 Exhibit E, # 10 Memorandum in Support Defendants' Reply Memo in Support of Motion to Dismiss) (Kobos, Dana) (Entered: 09/04/2018)

EXHIBIT A, B,C and D corrected attachments by County Of Suffolk, New York, Suffolk County Office of Emergency Management. Related document: 51 Notice of MOTION to Dismiss Complaint filed by County Of Suffolk, New York, Suffolk County Office of Emergency Management. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D) (Kobos, Dana) (Entered: 09/04/2018)

Motion to Dismiss for Failure to State a Claim by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 09/04/2018)

MEMORANDUM in Support re 53 Motion to Dismiss for Failure to State a Claim filed by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 09/04/2018)

MEMORANDUM in Opposition re 54 Memorandum in Support filed by City of New York. (Kruk, Carolyn) (Entered: 09/04/2018)

REPLY in Support re 53 Motion to Dismiss for Failure to State a Claim filed by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 09/04/2018)

Fully Briefed Motion to Dismiss for Failure to State a Claim by County of Nassau, New York, Nassau County Office of Emergency Management. (Attachments: # 1 Memorandum in Support, # 2 Memorandum in Opposition, # 3 Memorandum in Support) (Reissman, Ralph) (Entered: 09/04/2018)

Order on Motion to Dismiss

ORDER terminating 48 Motion to Dismiss. The Nassau County Defendants' Motion to Dismiss 57, which is identical to ECF No. 48, remains pending before the Court and is unaffected by this Order. Ordered by Judge Joan M. Azrack on 3/29/2019. (Terranova, Robert)

Scheduling Order

SCHEDULING ORDER: A status conference will be held on 5/22/2019 at 3:30 PM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 5/2/2019. (Posillico, Lauren)

First MOTION to Adjourn Conference from May 22, 2019 to June 19, 2019 by City of New York, City of New York Police Department. (Kruk, Carolyn) (Entered: 05/03/2019)

Order on Motion to Adjourn Conference

ORDER granting 58 Motion to Adjourn Conference. The status conference scheduled for 5/22/2019 is ADJOURNED to 6/19/2019 at 11:30 AM before Judge Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 5/8/2019. (Posillico, Lauren)

MOTION to Appear by Telephone by Deborah LoGerfo. (Barlow, Jessica) (Entered: 05/23/2019)

Order on Motion to Appear by Telephone

ORDER granting 59 Motion to Appear by Telephone. Attorneys Jessica Barlow and Simeon Goldman may appear by telephone by jointly calling Chambers at 631-712-5600. Attorney Marc Fliedner shall appear in person on behalf of the plaintiff, together with the attorneys for the defendants. Ordered by Judge Joan M. Azrack on 5/24/2019. (Gallagher, Erin)

NOTICE of Appearance by Alyssa Garone on behalf of County Of Suffolk, New York, Suffolk County Office of Emergency Management (aty to be noticed) (Garone, Alyssa) (Entered: 06/18/2019)

Minute Entry for proceedings held before Judge Joan M. Azrack for Civil Cause for Status Conference held on 6/19/2019. Appearances: For Plaintiff - Marc Fliedner, Jessica Barlow, Simeon Goldman (via telephone); For Defendant - Alyssa Garone, Ralph Reissman, Carolyn Kruk, David Lara; Case called. Counsel present for all sides. The parties shall submit a progress report by 10/25/2019. (FTR Log #12:00-12:14.) (Cubano, Jazmin) (Entered: 06/19/2019)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 19, 2019, before District Judge Joan M. Azrack. Transcriber AA Express Transcripts, Telephone number 888-456-9716. Email address: aaexpress@court-transcripts.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2019. Redacted Transcript Deadline set for 11/22/2019. Release of Transcript Restriction set for 1/20/2020. (Rodin, Deanna) (Entered: 10/22/2019)

STATUS REPORT by City of New York, City of New York Police Department (Kruk, Carolyn) (Entered: 10/25/2019)

STATUS REPORT by Deborah LoGerfo (Barlow, Jessica) (Entered: 10/25/2019)

Status Report Order

STATUS REPORT ORDER. As ordered at the 6/19/2019 Status Conference, the parties were to submit progress reports by 10/25/2019. Only the City Defendants and Plaintiff filed Status Reports. The Nassau and Suffolk County Defendants are each directed to file a Status Report by 10/30/2019. Ordered by Judge Joan M. Azrack on 10/28/2019. (Gallagher, Erin)

STATUS REPORT by County Of Suffolk, New York, Suffolk County Office of Emergency Management (Kobos, Dana) (Entered: 10/28/2019)

STATUS REPORT by County of Nassau, New York, Nassau County Office of Emergency Management (Reissman, Ralph) (Entered: 10/30/2019)

ORDER: For the foregoing reasons (PLEASE SEE ORDER FOR FURTHER DETAILS), the Nassau Defendants' motion is DENIED in part and GRANTED in part. The Clerk of the Court shall dismiss Edward P. Mangano in his official capacity as County Executive, Co unty of Nassau, New York and Craig J. Craft, in his official capacity as Commissioner, Nassau County Office of Emergency Management from the suit. Furthermore, the Suffolk Defendants' motion is DENIED without prejudice to allow the parties to ad dress whether Plaintiff's claims are moot. Plaintiff is ordered to show cause, in writing by June 8, 2020 why her claims against the Suffolk Defendants should not be dismissed as moot. The Suffolk Defendants shall file opposition papers by July 8, 2020 and Plaintiff can file a reply by July 22, 2020. Finally, the City Defendants' motion is GRANTED in full and the City Defendants are dismissed from this suit. So Ordered by Judge Joan M. Azrack on 5/8/2020. (Ortiz, Grisel)