Pena v. City Of New York et al
| New York Southern District Court | |
| Judge: | Richard M Berman |
| Case #: | 1:16-cv-05059 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jun 28, 2016 |
| Terminated: | May 12, 2017 |
| Last checked: Sunday Dec 25, 2016 4:30 AM EST |
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Defendant
POLICE OFFICER Binagi, Tax # 953685
100 Church Street
New York, NY 10007 |
Represented By
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Defendant
City Of New York
NYC Corp Counsel 100 Church Street
NY, NY 10007 |
Represented By
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Defendant
John Does #1-10
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Defendant
Police Officer Binagi
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Represented By
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Defendant
Police Officer John Does #1-10
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Defendant
Marcela Binagi
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Represented By
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Defendant
Sergeant Michael Farone
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Defendant
Sergeant Stewart
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Plaintiff
Jorge Pena
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Represented By
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| Docket last updated: 10/23/2024 11:59 PM EDT |
| Friday, May 12, 2017 | ||
| 32 | 32
order
Stipulation and Order of Voluntary Dismissal ~Util - Add and Terminate Parties
Fri 05/12 12:38 PM
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. RULE 41 (a)(1)(A)(ii): NOW, IT IS HEREBY STIPULATED, AGREED AND ORDERED, pursuant to gule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure, by and between the attorneys for the respective parties herein, that plaintiff Jorge Pena, hereby dismisses and discontinues, with prejudice, all claims asserted against defendants City of New York, Marcelo Binagi s/h/a Marcela Binagi, Marcelo Binagi s/h/a Police Officer Binagi, Sergeant Michael Farone, and Sergeant Stewart; without costs or attorneys' fees against all parties, as further set forth in this Order. Clerk to close this case. City Of New York, Sergeant Michael Farone, Sergeant Stewart, Binagi (Tax #953685) and Marcela Binagi terminated. (Signed by Judge Richard M. Berman on 5/12/2017) (cf) |
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misc
Note to Attorney to E-Mail PDF
Fri 05/12 9:19 AM
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Brendan Horan for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 31 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) |
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| Thursday, May 11, 2017 | ||
| 31 | 31
misc
Stipulation of Voluntary Dismissal
Thu 05/11 2:20 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Sergeant Stewart, Binagi, Sergeant Michael Farone, City Of New York, Marcela Binagi.(Horan, Brendan) |
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| Monday, April 17, 2017 | ||
| 30 | 30
order
Order on Motion for Extension of Time to Complete Discovery Order on Motion to Adjourn Conference
Mon 04/17 5:30 PM
ORDER granting29 Letter Motion for Extension of Time to Complete Discovery; granting29 Letter Motion to Adjourn Conference. Request to extend discovery deadlines granted as FINAL. The settlement conference is adjourned to June 7, 2017 at 10:30 a.m. (Settlement Conference set for 6/7/2017 at 10:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 4/17/2017) (cf) |
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utility
Set/Reset Deadlines
Mon 04/17 5:31 PM
Set/Reset Deadlines: Expert Discovery due by 6/3/2017. Fact Discovery due by 6/3/2017. (cf) |
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| Friday, April 14, 2017 | ||
| 29 | 29
motion
Extension of Time to Complete Discovery Adjourn Conference
Fri 04/14 12:20 PM
SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard M. Berman from Brendan Michael Horan dated 04/14/2017., SECOND LETTER MOTION to Adjourn Conference scheduled for May 9, 2017 addressed to Judge Richard M. Berman from Brendan Michael Horan dated 04/14/2017. Document filed by Binagi, Marcela Binagi, City Of New York, Sergeant Michael Farone, Sergeant Stewart.(Horan, Brendan) |
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| Wednesday, March 08, 2017 | ||
| 28 | 28
order
Order on Motion for Extension of Time to Complete Discovery
Thu 03/09 9:53 AM
ORDER granting27 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard M. Berman from Brendan M. Horan dated 03/06/2017. Document filed by Binagi, Marcela Binagi, City Of New York, Sergeant Michael Farone, Sergeant Stewart. Application granted. Settlement conf with principals adjourned to Tuesday, May 9, 2017 at 9:30 a.m. So ordered. (Signed by Judge Richard M. Berman on 3/8/2017) (rjm) |
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utility
Set/Reset Deadlines Set/Reset Hearings
Thu 03/09 9:55 AM
Set/Reset Deadlines: (Expert Discovery due by 5/4/2017. Fact Discovery due by 5/4/2017.) Set/Reset Hearings: (Settlement Conference set for 5/9/2017 at 09:30 AM before Judge Richard M. Berman.) (rjm) |
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| Monday, March 06, 2017 | ||
| 27 | 27
motion
Extension of Time to Complete Discovery
Mon 03/06 5:33 PM
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Richard M. Berman from Brendan M. Horan dated 03/06/2017. Document filed by Binagi, Marcela Binagi, City Of New York, Sergeant Michael Farone, Sergeant Stewart.(Horan, Brendan) |
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| Wednesday, February 08, 2017 | ||
| 26 | 26
order
Protective Order
Wed 02/08 1:39 PM
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) The Court retains discretion whether to afford confidential treatment to any confidential document or information contained in any confidential document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. (Signed by Judge Richard M. Berman on 2/8/2017) (cf) |
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| Tuesday, January 03, 2017 | ||
| 25 | 25
answer
Answer to Amended Complaint
Tue 01/03 2:08 PM
ANSWER to13 Amended Complaint, with JURY DEMAND. Document filed by Sergeant Michael Farone, Sergeant Stewart.(Horan, Brendan) |
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| 24 | 24
notice
Notice of Appearance
Tue 01/03 2:04 PM
NOTICE OF APPEARANCE by Brendan Michael Horan on behalf of Sergeant Michael Farone, Sergeant Stewart. (Horan, Brendan) |
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| Wednesday, December 21, 2016 | ||
| 23 | 23
service
Affidavit of Service Complaints
Wed 12/21 4:20 PM
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Sergeant Michael Farone served on 12/20/2016, answer due 1/10/2017. Service was accepted by STEPHANIE STEWART. Document filed by Jorge Pena. (Jacobs, Stuart) |
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| 22 | 22
service
Affidavit of Service Complaints
Wed 12/21 4:18 PM
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Sergeant Stewart served on 11/29/2016, answer due 12/20/2016. Service was accepted by SGT. ROCHE. Document filed by Jorge Pena. (Jacobs, Stuart) |
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| Thursday, December 08, 2016 | ||
| 21 | 21
answer
Answer to Amended Complaint
Thu 12/08 2:05 PM
ANSWER to13 Amended Complaint, with JURY DEMAND. Document filed by Binagi, Marcela Binagi, City Of New York.(Horan, Brendan) |
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| 20 | 20
notice
Notice of Appearance
Thu 12/08 2:01 PM
NOTICE OF APPEARANCE by Brendan Michael Horan on behalf of Binagi, Marcela Binagi, City Of New York. (Horan, Brendan) |
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| Friday, November 18, 2016 | ||
| 19 | 19
service
Summons Issued
Fri 11/18 3:38 PM
ELECTRONIC SUMMONS ISSUED as to Sergeant Stewart. (pc) |
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| 18 | 18
service
Summons Issued
Fri 11/18 3:38 PM
ELECTRONIC SUMMONS ISSUED as to Sergeant Michael Farone. (pc) |
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| Thursday, November 17, 2016 | ||
| 17 | 17
service
Request for Issuance of Summons
Thu 11/17 2:32 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Michael Farone, re:13 Amended Complaint,. Document filed by Jorge Pena. (Jacobs, Stuart) |
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| 16 | 16
service
Request for Issuance of Summons
Thu 11/17 2:30 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Stewart, re:13 Amended Complaint,. Document filed by Jorge Pena. (Jacobs, Stuart) |
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| Wednesday, November 16, 2016 | ||
| 15 | 15
order
Order on Motion for Extension of Time to Amend
Wed 11/16 5:27 PM
ORDER granting14 Letter Motion for Extension of Time to Amend. The Clerk is directed to accept Plaintiff's filing of his Amended Complaint on 11/9/16 [#13]. (Signed by Judge Richard M. Berman on 11/16/2016) (cf) |
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| Tuesday, November 15, 2016 | ||
| 14 | 14
motion
Extension of Time to Amend
Tue 11/15 1:29 PM
LETTER MOTION for Extension of Time to Amend addressed to Judge Richard M. Berman from Stuart E. Jacobs, Esq. dated 11/15/2016. Document filed by Jorge Pena.(Jacobs, Stuart) |
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| Thursday, November 10, 2016 | ||
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misc
Notice to Attorney Regarding Deficient Pleading
Thu 11/10 2:10 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stuart E. Jacobs re: Document No. 13 Amended Complaint,. The filing is deficient for the following reason(s): opposing party did not consent to the amendment of the pleading; the order granting permission to file the pleading was not attached; Court's leave has not been granted Leave to file an Amended complaint was given until October 20,2016. Leave is needed to file an Amended Complaint. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (dgo) |
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| Wednesday, November 09, 2016 | ||
| 13 | 13
cmp
Amended Complaint
Wed 11/09 2:41 PM
AMENDED COMPLAINT amending10 Amended Complaint, against City Of New York, Sergeant Michael Farone, Sergeant Stewart, Marcela Binagi with JURY DEMAND.Document filed by Jorge Pena. Related document:10 Amended Complaint, filed by Jorge Pena.(Jacobs, Stuart) |
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| Friday, October 21, 2016 | ||
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 10/21 4:15 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stuart E. Jacobs to RE-FILE re: Document No. 10 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; the wrong party/parties whom the pleading is against were selected. Marcela Binagi needs to be added to CM ECF. 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. (pc) |
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| Thursday, October 20, 2016 | ||
| 12 | 12
service
Request for Issuance of Summons
Thu 10/20 11:54 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Stewart, re:10 Amended Complaint. Document filed by Jorge Pena. (Jacobs, Stuart) |
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| 11 | 11
service
Request for Issuance of Summons
Thu 10/20 11:53 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Sergeant Michael Farone, re:10 Amended Complaint. Document filed by Jorge Pena. (Jacobs, Stuart) |
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| 10 | 10
cmp
Amended Complaint
Thu 10/20 11:44 AM
AMENDED COMPLAINT against Binagi, City Of New York, Sergeant Michael Farone, Sergeant Stewart with JURY DEMAND.Document filed by Jorge Pena.(Jacobs, Stuart) |
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| Tuesday, September 20, 2016 | ||
| 9 | 9
order
Case Management Plan
Tue 09/20 3:18 PM
CASE MANAGEMENT PLAN: Amended Pleadings and Joinder of Parties due by 10/20/2016. Discovery, Fact, and Expert due by 3/20/2017. Settlement Conference with principles set for 3/20/2017 at 10:00 AM before Judge Richard M. Berman. Discovery issues referred to Magistrate. (Signed by Judge Richard M. Berman on 9/20/2016) (cf) |
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minutes
Case Management Conference
Tue 09/20 12:49 PM
Minute Entry for proceedings held before Judge Richard M. Berman: Case Management Conference held on 9/20/2016. Court enters case management plan. Settlement conference with principals is scheduled for March 20, 2017 at 10:00 am. Discovery issues are referred to Magistrate Judge. See transcript of proceedings held for a complete record. (Court Reporter Kelly Surina) (CM) |
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| Friday, July 29, 2016 | ||
| 8 | 8
order
Order on Motion to Adjourn Conference
Fri 07/29 3:38 PM
MEMO ENDORSEMENT on7 LETTER RESPONSE in Opposition to Motion; granting6 Letter Motion to Adjourn Conference. ENDORSEMENT: Conference adjourned until 9/20/16 @ 10:30. Plaintiff to provide 160.50 authorization by 8/1/2016. Initial Conference set for 9/20/2016 at 10:30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 7/29/2016) (cf) |
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| 7 | 7
respm
Response in Opposition to Motion
Fri 07/29 1:30 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Richard M. Berman from Stuart E. Jacobs, Esq. dated 07/29/2016 re:6 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Elisa Lee dated 7/29/2016. . Document filed by Jorge Pena. (Jacobs, Stuart) |
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| 6 | 6
motion
Adjourn Conference
Fri 07/29 1:00 PM
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Elisa Lee dated 7/29/2016. Document filed by Binagi, City Of New York, John Does #1-10. Return Date set for 8/1/2016 at 10:00 AM.(Lee, Elisa) |
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| 5 | 5
notice
Notice of Appearance
Fri 07/29 10:58 AM
NOTICE OF APPEARANCE by Stuart E. Jacobs on behalf of Jorge Pena. (Jacobs, Stuart) |
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| Thursday, June 30, 2016 | ||
| 4 | 4
order
Order for Initial Pretrial Conference
Thu 06/30 4:55 PM
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 8/1/2016 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (As further set forth in this Order.) (Signed by Judge Richard M. Berman on 6/30/2016) (cf) |
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| Wednesday, June 29, 2016 | ||
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misc
Notice to Attorney Regarding Party Modification
Wed 06/29 2:59 PM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elisa Lee. The party information for the following party/parties has been modified: POLICE OFFICER Binagi, Tax # 953685 and John Does #1-10. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 06/29 3:01 PM
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Elisa Lee. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (pc) |
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notice
Case Opening Initial Assignment Notice
Wed 06/29 3:02 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard M. Berman. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc) |
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utility
Case Designation
Wed 06/29 3:03 PM
Magistrate Judge Kevin Nathaniel Fox is so designated. (pc) |
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utility
Case Designated ECF
Wed 06/29 3:03 PM
Case Designated ECF. (pc) |
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| Tuesday, June 28, 2016 | ||
| 3 | 3
service
Affidavit of Service Other
Tue 06/28 1:02 PM
AFFIDAVIT OF SERVICE of Notice of Removal and Civil Cover Letter served on Jorge Pena on 6/28/2016. Service was made by Mail. Document filed by POLICE OFFICER Binagi, Tax # 953685, City Of New York. (Lee, Elisa) |
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| 2 | 2
misc
Civil Cover Sheet
Tue 06/28 12:53 PM
CIVIL COVER SHEET filed. (Lee, Elisa) |
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| 1 | 1
notice
Notice of Removal
Tue 06/28 12:50 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 150999-16. (Filing Fee $ 400.00, Receipt Number 0208-12474353).Document filed by POLICE OFFICER Binagi, Tax # 953685, City Of New York.(Lee, Elisa) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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