Howell v. City of New York et al. (1:22-cv-07262), New York Southern District Court

Howell v. City of New York et al.

New York Southern District Court
Judge:	Vernon S Broderick
Case #:	1:22-cv-07262
Nature of Suit	442 Civil Rights - Employment
Cause	28:1331ed Fed. Question: Employment Discrimination

Case Filed:	Aug 25, 2022
Re-opened:	Sep 20, 2023
Terminated:	Dec 27, 2023

Docket
Parties (3)

Last checked: Tuesday Feb 21, 2023 4:35 AM EST

Defendant New York City Department Of Correction	Represented By Donald Christopher Sullivan Office Of Corporation Counsel Nyc contact info Christopher Gregory Arko New York City Law Department contact info
Defendant City Of New York	Represented By Donald Christopher Sullivan Office Of Corporation Counsel Nyc contact info Christopher Gregory Arko New York City Law Department contact info
Plaintiff Kelvin Howell	Represented By Brittany Sloane Weiner Imbesi Law Group PC contact info

Docket last updated: 10/27/2024 11:59 PM EDT

Thursday, December 28, 2023
		misc Mailing Receipt Thu 12/28 1:02 PM MAILING RECEIPT: Document No: 44. Mailed to: Kelvin Howell at 4 Summit Hill Way, Suite 415, Troy, NY 12180. (mt) Modified on 12/28/2023 (mt) Related: [-]
Wednesday, December 27, 2023
44		44 2 pgs order Order of Dismissal Wed 12/27 12:24 PM ORDER: Plaintiff has yet to secure counsel or to take any further action to prosecute this case. Accordingly, Plaintiff's claims are dismissed without prejudice pursuant to Rule 41(b). The Clerk of Court is respectfully directed to terminate this action and to mail a copy of this Order to 4 Summit Hill Way Suite 415 Troy, NY 12180. (Signed by Judge Vernon S. Broderick on 12/27/2023) (rro) Related: [-]
		utility Case Stay Lifted Wed 12/27 12:24 PM Case Stay Lifted. (rro) Related: [-]
Friday, September 22, 2023
		misc Mail Order by USPS Fri 09/22 9:46 AM Mailed a copy of43 Order Reopening Case, to Kelvin Howell at 4 Summit Hill Way Suite 415 Troy, NY 12180.. (sha) Related: [-]
Wednesday, September 20, 2023
43		43 2 pgs order Order Reopening Case ~Util - Case Stayed Wed 09/20 12:47 PM ORDER: I hereby grant Plaintiff's request and shall reopen and stay the case to allow Plaintiff an additional 90 days to secure an attorney. Plaintiff is advised that future communications should not be mailed to Chambers and instead should be mailed directly to the Pro Se Office so that they may be filed on the docket. Plaintiff is also directed to provide his contact information to the Pro Se Office. The Clerk of Court is respectfully directed to reopen this matter, stay the case for ninety (90)days, and mail a copy of this Order to Plaintiff at the address provided on Doc 42: 4 Summit Hill Way Suite 415, Troy, NY 12180. (Signed by Judge Vernon S. Broderick on 9/20/2023) (rro) Related: [-]
Monday, September 18, 2023
42		42 misc Letter Tue 09/19 1:07 PM LETTER addressed to Judge Vernon S. Broderick from Kelvin O. Howell Jr., dated 9/6/23 re: As of this date, I have not been able to secure counsel. Since said order was granted, I have had several consultations with potential attorneys and law firms, and unfortunately no one has picked up the case etc. Document filed by Kelvin Howell.(sc) Related: [-]
Monday, September 11, 2023
41		41 order Order of Dismissal Mon 09/11 1:49 PM ORDER: Accordingly, Plaintiff's claims are dismissed without prejudice pursuant to Rule 41(b). The Clerk of Court is respectfully directed to terminate this action. (Signed by Judge Vernon S. Broderick on 9/11/2023) (rro) Related: [-]
Thursday, August 10, 2023
40		40 order Order Thu 08/10 4:05 PM ORDER: Accordingly, I hereby order that if Plaintiff fails to prosecute this matter on or before September 8, 2023, the matter will be dismissed pursuant to Fed. R. Civ. P. 41(b). (Signed by Judge Vernon S. Broderick on 8/10/2023) (rro) Related: [-]
Tuesday, August 08, 2023
39		39 misc Letter Tue 08/08 10:50 AM LETTER addressed to Judge Vernon S. Broderick from Christopher G. Arko dated August 8, 2023 re: the Court's Order of July 19, 2023. Document filed by New York City Department Of Correction, City Of New York..(Arko, Christopher) Related: [-]
		misc Received Returned Mail Tue 08/08 11:18 AM Received returned mail re:38 Order Lifting Stay,. Mail was addressed to Kelvin Howell at 235 East 54th Street, New York, NY 10022 and was returned for the following reason(s): Not Deliverable as Addressed...(rdz) Related: [-]
Thursday, July 20, 2023
		misc Mail Order by USPS Thu 07/20 1:46 PM Mailed a copy of38 Order Lifting Stay, to Kelvin Howell at 235 East 54th Street, New York, NY 10022. (sha) Related: [-]
Wednesday, July 19, 2023
38		38 2 pgs order Order Lifting Stay Wed 07/19 4:17 PM ORDER: Accordingly, the stay is hereby lifted and the parties are ordered to file a status update and amended case management plan, if necessary, on or before August 8, 2023. The Clerk of the Court is respectfully directed to mail a copy of this order to pro se Plaintiff at 235 East 54th Street, New York, NY 10022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/19/2023) (ks) Transmission to Docket Assistant Clerk for processing. (Main Document 38 replaced on 7/19/2023) (ks) Related: [-]
Tuesday, May 16, 2023
37		37 service Affidavit of Service Other Tue 05/16 4:06 PM AFFIDAVIT OF SERVICE of order served on Kelvin Howell on 5/16/2023. Service was made by Mail. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
36		36 service Affidavit of Service Other Tue 05/16 3:55 PM AFFIDAVIT OF SERVICE of order served on Kelvin Howell on 5/16/2023. Service was made by electronic mail. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
35		35 1 pgs order Order on Motion to Withdraw as Attorney Tue 05/16 2:12 PM MEMO ENDORSEMENT granting31 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. This matter is hereby stayed until Monday July 17, 2023 to allow Plaintiff Kelvin Howell ("Howell" or "Plaintiff") time to retain new counsel. Once Howell has retained counsel, his new counsel should promptly file a notice of appearance, or if Howell intends to proceed pro se, Howell shall contact the prose office office at 212-805-0175 and provide all necessary contact information. Ms. Weiner is ordered to send a copy of this Order to Howell by May 23, 2023. Attorney Brittany Sloane Weiner terminated. (Signed by Judge Vernon S. Broderick on 5/16/2023) (vfr) Related: [-]
		utility Case Stayed Tue 05/16 2:12 PM Case Stayed (vfr) Related: [-]
Monday, May 15, 2023
34		34 service Affidavit of Service Other Mon 05/15 2:30 PM AFFIDAVIT OF SERVICE of copy of motion served on Kelvin Howell on 5/15/2023. Service was made by MAIL. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
33		33 respm Affirmation in Support of Motion Mon 05/15 11:24 AM AFFIRMATION of Brittany Weiner in Support re:31 MOTION for Brittany Weiner to Withdraw as Attorney .. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
32		32 4 pgs respm Memorandum of Law in Support of Motion Mon 05/15 11:23 AM MEMORANDUM OF LAW in Support re:31 MOTION for Brittany Weiner to Withdraw as Attorney . . Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
31		31 motion Withdraw as Attorney Mon 05/15 11:22 AM MOTION for Brittany Weiner to Withdraw as Attorney . Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
Friday, May 12, 2023
30		30 order Memo Endorsement Fri 05/12 3:15 PM MEMO ENDORSEMENT on re:29 MOTION for Brittany Weiner to Withdraw as Attorney . filed by Kelvin Howell. ENDORSEMENT: APPLICATION DENIED. Attorney Weiner has not filed an affidavit of service and thus I cannot determine whether or not she served Plaintiff with the declaration, as required by Local Civil Rule 1.4. Attorney Weiner is directed to cure this deficiency on or before May 17, 2023. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/12/2023) (kv) Related: [-]
		misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Fri 05/12 2:22 PM ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brittany Sloane Weiner to RE-FILE Document 29 MOTION for Brittany Weiner to Withdraw as Attorney . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) Related: [-]
Thursday, May 11, 2023
29		29 motion Withdraw as Attorney Thu 05/11 3:38 PM MOTION for Brittany Weiner to Withdraw as Attorney . Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
		Att: 1 Affidavit Affirmation of Brittany Weiner
Tuesday, March 14, 2023
28		28 order Case Management Plan Tue 03/14 3:42 PM 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, pursuant to 28 U.S.C. � 636(c). This case is to be tried to a jury. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 5 days. Depositions shall be completed by 10/16/2023. Deposition due by 12/18/2023. Fact Discovery due by 11/22/2023. Expert Discovery due by 12/18/2023. Discovery due by 12/18/2023. Telephone Conference set for 1/8/2024 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 3/14/2023) (kv) Related: [-]
Monday, March 13, 2023
27		27 misc Status Report Mon 03/13 9:31 AM STATUS REPORT. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
26		26 misc Proposed Case Management Plan Mon 03/13 9:30 AM PROPOSED CASE MANAGEMENT PLAN. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
Friday, February 17, 2023
24		24 1 pgs order Order on Motion for Extension of Time Fri 02/17 11:38 AM ORDER granting23 Letter Motion for Extension of Time. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/17/2023) (jca) Related: [-]
Thursday, February 16, 2023
23		23 motion Extension of Time Thu 02/16 11:39 AM LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Brittany Weiner dated 2/16/2023. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
Tuesday, January 17, 2023
		adr Mediation Conference Scheduled Tue 01/17 10:26 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/14/2023 at 11:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(mnp) Related: [-]
Wednesday, December 28, 2022
22		22 2 pgs order Order for Initial Pretrial Conference Wed 12/28 10:52 AM AMENDED ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by February 24, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs, as further set forth in this Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/28/2022) (vfr) Related: [-]
		adr Notice of Mediator Assignment Wed 12/28 4:37 PM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/27/2023.(ah) Related: [-]
Tuesday, December 27, 2022
21		21 misc Letter Tue 12/27 12:18 PM LETTER addressed to Judge Vernon S. Broderick from Christopher G. Arko dated December 27, 2022 re: respectfully seeking clarification regarding ECF Nos. 19 and 20. Document filed by New York City Department Of Correction, City Of New York..(Arko, Christopher) Related: [-]
Friday, December 23, 2022
20		20 1 pgs order Order on Motion for Extension of Time to File Tue 12/27 10:14 AM ORDER granting18 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/23/2022) (va) Related: [-]
19		19 2 pgs order Order Tue 12/27 10:11 AM AMENDED ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby:ORDERED that the Court will not be holding an initial pretrial conference.IT IS FURTHER ORDERED that, by January 24, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: (As further set forth herein.) SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/23/2022) (va) Related: [-]
		misc Notice Regarding Deleted Document Tue 12/27 10:04 AM ***DELETED DOCUMENT. Deleted document number 19 AMENDED ORDER AND NOTICE OF INITIAL CONFERENCE. The document was incorrectly filed in this case. (va) Related: [-]
Thursday, December 22, 2022
18		18 motion Extension of Time to File Document Thu 12/22 3:24 PM JOINT LETTER MOTION for Extension of Time to File joint letter and proposed case management plan and scheduling order until after the parties complete Alternative Dispute Resolution program addressed to Judge Vernon S. Broderick from Christopher G. Arko dated December 22, 2022. Document filed by New York City Department Of Correction, City Of New York..(Arko, Christopher) Related: [-]
Tuesday, December 20, 2022
17		17 2 pgs order Order for Initial Pretrial Conference Tue 12/20 2:17 PM ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by January 6, 2023, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs, as further set forth herein. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/20/2022) (vfr) Related: [-]
16		16 6 pgs order Order of Automatic Referral to Mediation Tue 12/20 1:07 PM 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 (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 1/3/2023. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) Related: [-]
Monday, December 19, 2022
15		15 answer Answer to Complaint Mon 12/19 11:32 AM ANSWER to1 Complaint with JURY DEMAND. Document filed by New York City Department Of Correction, City Of New York..(Arko, Christopher) Related: [-]
Monday, October 24, 2022
14		14 2 pgs order Order on Motion for Extension of Time to Answer Mon 10/24 1:06 PM ORDER granting13 Letter Motion for Extension of Time to Answer re13 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Christopher G. Arko dated October 21, 2022.,1 Complaint. APPLICATION GRANTED. SO ORDERED. New York City Department Of Correction answer due 12/19/2022; City Of New York answer due 12/19/2022. (Signed by Judge Vernon S. Broderick on 10/24/2022) (tg) Related: [-]
Friday, October 21, 2022
13		13 motion Extension of Time to File Answer Fri 10/21 1:02 PM LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Christopher G. Arko dated October 21, 2022. Document filed by New York City Department Of Correction, City Of New York..(Arko, Christopher) Related: [-]
Tuesday, September 20, 2022
12		12 service Affidavit of Service Complaints Tue 09/20 10:23 AM AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Department Of Correction served on 9/15/2022, answer due 10/6/2022. Service was accepted by OFFICER PORTER. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
11		11 notice Notice of Appearance Tue 09/20 10:10 AM NOTICE OF APPEARANCE by Christopher Gregory Arko on behalf of New York City Department Of Correction, City Of New York..(Arko, Christopher) Related: [-]
Wednesday, September 14, 2022
10		10 1 pgs order Order on Motion for Extension of Time Wed 09/14 1:37 PM ORDER granting9 Letter Motion for Extension of Time. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/14/2022) (jca) Related: [-]
		utility Set/Reset Deadlines Wed 09/14 1:38 PM Set/Reset Deadlines: City Of New York answer due 11/4/2022. (jca) Related: [-]
Tuesday, September 13, 2022
9		9 motion Extension of Time Tue 09/13 5:15 PM LETTER MOTION for Extension of Time to respond to Complaint addressed to Judge Vernon S. Broderick from Assistant Corporation Counsel Donald C Sullivan dated September 13, 2022. Document filed by New York City Department Of Correction, City Of New York..(Sullivan, Donald) Related: [-]
8		8 notice Notice of Appearance Tue 09/13 5:09 PM NOTICE OF APPEARANCE by Donald Christopher Sullivan on behalf of New York City Department Of Correction, City Of New York..(Sullivan, Donald) Related: [-]
Monday, August 29, 2022
7		7 service Affidavit of Service Complaints Mon 08/29 1:07 PM AFFIDAVIT OF SERVICE of Summons and Complaint. City Of New York served on 8/29/2022, answer due 9/19/2022. Service was made by EMAIL. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
Friday, August 26, 2022
6		6 service Summons Issued Fri 08/26 3:41 PM ELECTRONIC SUMMONS ISSUED as to City Of New York..(pc) Related: [-]
5		5 service Summons Issued Fri 08/26 3:40 PM ELECTRONIC SUMMONS ISSUED as to New York City Department Of Correction..(pc) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 08/26 10:37 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) Related: [-]
		utility Case Designation Fri 08/26 10:38 AM Magistrate Judge Sarah Netburn 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) Related: [-]
		utility Case Designated ECF Fri 08/26 10:38 AM Case Designated ECF. (pc) Related: [-]
		misc Notice to Attorney Regarding Party Modification Fri 08/26 10:38 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brittany Sloane Weiner. The party information for the following party/parties has been modified: CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CORRECTION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly;. (pc) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 08/26 10:38 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brittany Sloane Weiner. 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) Related: [-]
Thursday, August 25, 2022
4		4 service Request for Issuance of Summons Thu 08/25 1:52 PM REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY DEPARTMENT OF CORRECTION, re:1 Complaint. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
3		3 service Request for Issuance of Summons Thu 08/25 1:51 PM REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re:1 Complaint. Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]
2		2 misc Civil Cover Sheet Thu 08/25 1:46 PM CIVIL COVER SHEET filed..(Weiner, Brittany) Related: [-]
1		1 cmp Complaint Thu 08/25 1:46 PM COMPLAINT against CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CORRECTION. (Filing Fee $ 402.00, Receipt Number ANYSDC-26594847)Document filed by Kelvin Howell..(Weiner, Brittany) Related: [-]

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