Case: Campbell v. City of New York

COMPLAINT against CITY OF NEW YORK, NYPD OFFICERS JOHN DOES #1-4. (Filing Fee $ 402.00, Receipt Number ANYSDC-24501351)Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 05/06/2021)

CIVIL COVER SHEET filed..(Gangat, Mohammed) (Entered: 05/06/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, and NYPD Officers John Does #1-4 (True Names Being Presently Unknown), re: 1 Complaint. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 05/06/2021)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mohammed Ahmed Gangat. The party information for the following party/parties has been modified: CITY OF NEW YORK; NYPD OFFICERS JOHN DOES #1-4. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Kevin Nathaniel Fox 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designated ECF. (jgo)

ELECTRONIC SUMMONS ISSUED as to City of New York, John Does #1-4..(jgo) (Entered: 05/07/2021)

Notice to Attorney Regarding Party Modification

Case Opening Initial Assignment Notice

NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) : Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr)

Notice of Participation in Section 1983 Plan

NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, September 10, 2021 at 3:15 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website (http://nysd.uscourts.gov/judge/Nathan). IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) forthwith. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. ( Initial Conference set for 9/10/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/17/21) (yv) (Entered: 05/18/2021)

NOTICE OF APPEARANCE by Joshua Fuld Nessen on behalf of Victor Campbell..(Nessen, Joshua) (Entered: 05/19/2021)

LETTER addressed to Judge Alison J. Nathan from Joshua Fuld Nessen, Esq. dated June 23, 2021 re: Why This Case is Not Related to "In Re: New York City Policing During Summer 2020 Demonstrations", Consolidated Cases in 1:20-cv-08924 (CM)(GWG). Document filed by Victor Campbell..(Nessen, Joshua) (Entered: 06/23/2021)

SUMMONS RETURNED EXECUTED Summons and Complaint served. City of New York served on 6/24/2021, answer due 7/15/2021. Service was accepted by Betty Mezyck, Agent for Service of Process. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 06/28/2021)

FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against City of New York, John Does #1-4 with JURY DEMAND.Document filed by Victor Campbell. Related document: 1 Complaint..(Gangat, Mohammed) Modified on 6/29/2021 (jgo). (Entered: 06/28/2021)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mohammed Ahmed Gangat to RE-FILE re: Document No. 9 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Victor Campbell with party text 'individually and on behalf of all others similarly situated'; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

Notice to Attorney Regarding Deficient Pleading

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Victor Campbell "individually and on behalf of all others similarly situated" added. Party added pursuant to 9 Amended Complaint,.Document filed by Victor Campbell "individually and on behalf of all others similarly situated". Related document: 9 Amended Complaint,..(Gangat, Mohammed)

AMENDED COMPLAINT amending 9 Amended Complaint, against City of New York, John Does #1-4 with JURY DEMAND.Document filed by Victor Campbell "individually and on behalf of all others similarly situated". Related document: 9 Amended Complaint,..(Gangat, Mohammed) (Entered: 07/12/2021)

NOTICE OF APPEARANCE by Omar Javed Siddiqi on behalf of City of New York..(Siddiqi, Omar) (Entered: 07/14/2021)

ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case, scheduled for September 10, 2021, at 3:15 p.m., in person. Per the Court's notice of initial pretrial conference, Dkt. No. 5, the parties are required to submit their proposed case management plan and joint letter by September 3, 2021. In the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, which the parties can access by dialing (888) 363-4749 and entering access code 9196964. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/27/2021) (vfr) (Entered: 08/27/2021)

ORDER: On August 27, 2021, the Court ordered the parties to submit a joint letter and proposed case management plan by September 3, 2021, for the conference scheduled September 10, 2021. Dkt. No. 12. The Court has not received the parties submissions. The parties shall comply with the Courts August 27, 2021 order by September 8, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/7/2021) (mml) (Entered: 09/07/2021)

LETTER MOTION to Adjourn Conference of September 10, 2021 addressed to Judge Alison J. Nathan from Mohammed Gangat, Esq. dated September 8, 2021. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 09/08/2021)

ORDER granting 14 Letter Motion to Adjourn Conference. The Court GRANTS Plaintiff's consent request to adjourn. The conference scheduled for September 10, 2021, is adjourned to January 21, 2022, at 3:15 p.m. The parties shall jointly file a status report by November 8, 2021. By January 14, 2022, the parties shall file a joint letter and case management plan per the Court's order dated August 27, 2021. Dkt. No. 12. SO ORDERED. Initial Conference set for 1/21/2022 at 03:15 PM before Judge Alison J. Nathan.. (Signed by Judge Alison J. Nathan on 9/10/2021) (kv) (Entered: 09/10/2021)

ORDER: The Court on September 10, 2021, ordered the parties to file a status update by November 8, 2021. Dkt. No. 15. The Court is not in receipt of any update. The parties shall file a status update by November 19, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/15/2021) (vfr) (Entered: 11/15/2021)

STATUS REPORT. Document filed by Victor Campbell..(Gangat, Mohammed) (Entered: 11/19/2021)

MEMO ENDORSEMENT on re: 17 Status Report filed by Victor Campbell. ENDORSEMENT: The Court thanks the parties for the status update. (Signed by Judge Alison J. Nathan on 11/22/2021) (rro) (Entered: 11/22/2021)

STATUS REPORT. Document filed by City of New York..(Siddiqi, Omar) (Entered: 01/14/2022)

MEMO ENDORSEMENT on re: 19 Status Report filed by City of New York. ENDORSEMENT: SO ORDERED. City of New York answer due 1/24/2022. (Signed by Judge Alison J. Nathan on 1/18/2022) (ate) (Entered: 01/18/2022)

Set/Reset Deadlines: Discovery due by 2/21/2022. (ate)

ANSWER to 10 Amended Complaint, with JURY DEMAND. Document filed by City of New York..(Siddiqi, Omar) (Entered: 01/26/2022)

LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Rule and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 5/6/2022. Mediator to be Assigned by 2/7/2022.(jpt)

NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(jpt)

Section 1983 Plan 100-Day Review

Notice of Selection for Mediation

Magistrate Judge Jennifer Willis is so redesignated. (aea)

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(ah)

Notice of Mediator Assignment

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/12/2022 at 10:30 AM in telephone or video conference.(rpr)

Mediation Conference Scheduled

ORDER: The parties' deadline of March 21, 2022, to submit a status update, Dkt. No. 20, is hereby adjourned to April 19, 2022. SO Ordered. (Signed by Judge Alison J. Nathan on 3/22/2022) (js) (Entered: 03/23/2022)

MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 4/12/2022 will be not held. Mediation Status due by 4/22/2022.(mnp)

Mediation Conference Not Held

NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Alison J. Nathan is no longer assigned to the case. (laq)

Notice of Case Assignment/Reassignment

ORDER: The parties' deadline to submit a status update, ECF No. 22, is extended to May 25, 2022. (Signed by Judge John G. Koeltl on 4/25/2022) (ate) (Entered: 04/25/2022)

STATUS REPORT. Document filed by City of New York..(Siddiqi, Omar) (Entered: 05/05/2022)

MEMO ENDORSEMENT on re: 24 Status Report filed by City of New York ENDORSEMENT: The parties should submit a Rule 26(f) report by 5/20/22. SO ORDERED. (Signed by Judge John G. Koeltl on 5/6/2022) (ks) (Entered: 05/06/2022)

PROPOSED CASE MANAGEMENT PLAN. Document filed by City of New York..(Siddiqi, Omar) (Entered: 05/20/2022)

SCHEDULING ORDER: Fact Discovery due by 12/1/2022. Deposition due by 10/31/2022. Amended Pleadings due by 8/30/2022. Joinder of Parties due by 8/30/2022. Ready for Trial by 1/1/2023. The parties anticipate that the trial of this case will require 1 day. The parties request a jury trial. The parties do not consent to Magistrate Judge jurisdiction at this time. The parties should submit a Joint Pre-Trial Order by 1/6/2023 or 21 days after decision of any dispositive motion. Ready-Trial, 48 hours notice 14 days after submission of Joint Pre-Trial Order. So ordered. Pretrial Order due by 1/6/2023. (Signed by Judge John G. Koeltl on 5/23/2022) (va) (Entered: 05/24/2022)

NOTICE OF APPEARANCE by Jennifer L. Goltche on behalf of City of New York..(Goltche, Jennifer) (Entered: 06/13/2022)

NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge John G. Koeltl is no longer assigned to the case. (nb)

NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previ ously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: as further set forth herein. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (kv)

Notice of Case Assignment/Reassignment

Order

Status Report

ORDER The Court is in receipt of the parties joint letter, dated October 19, 2022, filed in response to the Courts September 19, 2022 Reassignment Order. ECF No. 30. The Scheduling Order entered by Judge Koeltl on May 24, 2022 remains in effect. ECF No. 28. IT IS HEREBY ORDERED that the parties shall appear for a post-discovery pretrial conference on December 14, 2022, at 2:30 p.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New Yor k, 10007. If the parties believe they would benefit from a settlement conference before a Magistrate Judge, or mediation through the District's Mediation Program at the close of discovery, they may contact the Court for a referral at any time. SO ORDERED. (Pretrial Conference set for 12/14/2022 at 02:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 10/20/2022) (jca)

Withdraw as Attorney

Withdraw as Attorney

Letter

Affidavit of Service Other

ORDER: IT IS HEREBY ORDERED that all counsel and Plaintiff Victor Campbell shall appear for a conference on November 30, 2022, at 2:30 p.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, Ne w York, 10007. Plaintiff's counsel shall serve Plaintiff will a copy of this order and file proof of service on the docket by November 9, 2022. ( Status Conference set for 11/30/2022 at 02:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 11/4/2022) (ate)

Affidavit of Service Other

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

Letter

Pretrial Conference - Interim

Withdraw as Attorney

Declaration in Support of Motion

Order on Motion to Withdraw as Attorney

Affidavit of Service Other

Notice of Appearance

ORDER On December 2, 2022, the Court granted Plaintiff counsel's motion to withdraw as counsel. The Court then stayed the case for sixty days to allow Plaintiff to find new counsel. The Court directed Plaintiff to inform the Court by January 25, 2023 whether he has obtained new counsel or plans to proceed pro se. The Court then warned the Plaintiff if he does not file any letter, the case may be dismissed for failure to prosecute. The Court has not received any letter from Plaintiff. The Court will adjourn the February 1, 2023 conference at this time to March 1, 2023 at 2:00PM. Plaintiff shall have an extension until February 17, 2023 to inform the Court whether he has obtained new counsel or plans to proceed pro se. The Cler k of Court is respectfully asked to mail a copy of this order and its attachments to the Plaintiff at the address in ECF No. 44. SO ORDERED. (Status Conference set for 3/1/2023 at 02:00 PM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 1/30/2023) (jca)

Withdraw as Attorney

Notice of Appearance

Scheduling Order

Order on Motion to Withdraw as Attorney

Mail Order by USPS

Adjourn Conference

ORDER granting 51 Letter Motion to Adjourn Conference. The request is GRANTED. The March 8, 2023 Conference at 10:30AM is adjourned to March 8, 2023 at 4:00PM. Defendant shall serve a copy of this on Plaintiff by mail, email, and, if possible, shall notify Plaintiff of the time change by telephone. SO ORDERED. Status Conference set for 3/8/2023 at 04:00 PM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 3/3/2023) (jca)

ORDER The Court will offer Plaintiff one last chance to participate in this action. The Court will hold a video conference over Microsoft Teams on March 15, 2023 at 10:00 AM. No later than 48 hours before the conference, the parties shall file a j oint letter with their contact information so that the Court may provide log-in information. See Rochon Individual Rules of Practice in Civil Cases, 2B. The public listen-only line may be accessed by dialing Toll-Free Number: 877-336-1831 and usin g the Access Code: 5583342. Plaintiff shall inform the Court if he is unable to participate by video conference and he will be allowed to attend through the aforementioned telephone number. Plaintiff is advised that failure to participate in this c onference without good cause shown will result in this case being dismissed for failure to prosecute. The Clerk of Court is respectfully asked to mail a copy of this Order to the Plaintiff at the address in ECF No. 44. The Clerk of Court is also r espectfully requested to add Plaintiff's address to the docket. Defense counsel shall immediately send a copy of this Order to Plaintiff by email. (And as further set forth herein.) SO ORDERED. (Status Conference set for 3/15/2023 at 10:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 3/8/2023) (jca)

Status Conference

Mail Order by USPS

Letter

Status Conference

ORDER: For the foregoing reasons, this action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to terminate all pending motions and to close this case. Case Stay Lifted. (Signed by Judge Jennifer L. Rochon on 3/17/2023) (ate) (Entered: 03/17/2023)