Dewald v. The City of New York et al
| New York Southern District Court | |
| Judge: | Jennifer H Rearden |
| Referred: | Gary Stein |
| Case #: | 1:22-cv-08210 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12131 Americans with Disabilities Act of 1990 |
| Case Filed: | Sep 26, 2022 |
| Last checked: Saturday Mar 25, 2023 5:13 AM EDT |
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Defendant
Eric Adams
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Represented By
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Defendant
Sue Donoghue
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Represented By
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Defendant
Ydanis Rodriguez
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Represented By
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Defendant
Keechant Sewell
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Represented By
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Defendant
Elizabeth Smith
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Represented By
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Defendant
The Central Parks Conservancy
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Represented By
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Defendant
The City of New York
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Represented By
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Defendant
The New York Parks and Recreation Department
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Represented By
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Defendant
The New York Transportation Department
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Represented By
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Plaintiff
Jerome-W Dewald
Jerome Dewald New York 30 W. 63rd Street Apt. 8V 10023, Ste 8v
New York, NY 10023 |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Monday, July 01, 2024 | ||
| 36 | 36
motion
Reconsideration
Mon 07/08 11:07 AM
MOTION for Reconsideration. Document filed by Jerome-W Dewald..(tro) |
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| 35 | 35
notice
Notice (Other)
Mon 07/08 11:06 AM
NOTICE of Motion for Reconsideration. Document filed by Jerome-W Dewald..(tro) |
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| Tuesday, May 07, 2024 | ||
| 34 | 34
order
Memo Endorsement
Tue 05/07 7:10 PM
MEMO ENDORSEMENT on re:33 Letter filed by Jerome-W Dewald ENDORSEMENT The Court construes Plaintiffs letter seeking leave to file a motion for reconsideration as a request for an explanation of the Court's decision. Pursuant to the Order docketed at ECF No. 32, the Court's reasoning is forthcoming. Within sixty days of the date of the Court's forthcoming explanation, Plaintiff may amend the Complaint to allege claims under the New York City Human Rights Law against Defendants Adams, Rodriguez, Sewell, and Donoghue in their individual capacities. Plaintiff shall also amend the Complaint to remove allegations requesting relief on behalf of any purported class. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/7/2024) (jca) |
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| Monday, April 29, 2024 | ||
| 33 | 33
misc
Letter
Mon 04/29 8:50 AM
LETTER addressed to Judge Jennifer H. Rearden from Jerome W. Dewald dated 4/27/2024 re: I am respectfully requesting the Court's leave to file a motion for reconsideration. Document filed by Jerome-W Dewald..(kgo) |
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| Monday, April 01, 2024 | ||
| 32 | 32
2
pgs
order
Order on Motion to Dismiss
Mon 04/01 6:53 PM
ORDER granting in part and denying in part17 Motion to Dismiss. Before the Court is Defendants motion to dismiss (ECF No. 17). For reasons that will follow, Plaintiff's claims against Defendants New York City Department of Transportation, New York City Police Department, and New York City Department of Parks and Recreation are DISMISSED with prejudice. Plaintiff's claims against Defendants Eric Adams, Ydanis Rodriquez, Keechant L. Sewell, and Sue Donoghue in their official capacities, are also DISMISSED with prejudice. In all other respects, Defendants' motion to dismiss is denied. Plaintiff is granted leave to amend the Complaint within sixty days to allege his New York City Human Rights Law claim against Defendants Adams, Rodriguez, Sewell, and Donoghue in their individual capacities. Plaintiff shall also amend the Complaint to remove allegations requesting relief on behalf of any purported class. The Clerk of Court is directed to terminate the motion pending at ECF No. 17. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/31/2024) (jca) |
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| Friday, October 27, 2023 | ||
| 31 | 31
notice
Notice of Appearance
Fri 10/27 1:47 PM
NOTICE OF APPEARANCE by Taylor Anvid on behalf of Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Anvid, Taylor) |
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| Sunday, September 24, 2023 | ||
| 30 | 30
misc
Pro Se Consent to Receive Electronic Service
Mon 09/25 11:55 AM
(UPDATED) PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jerome W. Dewald consents to receive electronic service via the ECF system. Document filed by Jerome-W Dewald. (sac) |
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| Monday, September 18, 2023 | ||
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utility
Case Redesignation
Mon 09/18 10:18 AM
Magistrate Judge Gary Stein is so redesignated. (laq) |
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notice
Notice of Reassignment of Referral to Magistrate Judge
Mon 09/18 10:19 AM
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Honorable Gary Stein, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (laq) Modified on 9/19/2023 (tro) |
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| Tuesday, May 09, 2023 | ||
| 29 | 29
respm
Reply Memorandum of Law in Support of Motion
Tue 05/09 7:51 PM
REPLY MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss for Lack of Standing and Failure to State a Claim . . Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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| Wednesday, May 03, 2023 | ||
| 28 | 28
2
pgs
order
Order on Motion to Stay
Wed 05/03 10:22 AM
ORDER: granting27 Letter Motion to Stay re:27 LETTER MOTION to Stay Discovery. addressed to Magistrate Judge Gabriel W. Gorenstein from Gati Dalal dated April 19, 2023. The application for a stay of discovery pending Judge Rearden's decision on the motion to dismiss is granted without opposition. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/03/2023) (ama) |
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| Wednesday, April 19, 2023 | ||
| 27 | 27
motion
Stay
Wed 04/19 2:16 PM
LETTER MOTION to Stay Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Gati Dalal dated April 19, 2023. Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York..(Dalal, Gati) |
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| Wednesday, April 12, 2023 | ||
| 26 | 26
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 04/12 10:29 AM
ORDER: With regard to defendants' request for a stay of discovery (Docket # 23), defendants' application for a stay shall be filed by April 19, 2023. Plaintiff shall file any response to defendants' application by April 26, 2023. While the undersigned will adjudicate the application for a stay, the motion to dismiss will be adjudicated by Judge Rearden. SO ORDERED., ( Motions due by 4/19/2023., Responses due by 4/26/2023) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/12/2023) (ama) |
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| Tuesday, April 11, 2023 | ||
| 25 | 25
1
pgs
order
Order Referring Case to Magistrate Judge
Tue 04/11 4:54 PM
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Jennifer H. Rearden on 4/11/2023) (kv) |
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| Sunday, March 26, 2023 | ||
| 24 | 24
respm
Response in Opposition to Motion
Sun 03/26 9:06 PM
RESPONSE in Opposition to Motion re:17 MOTION to Dismiss for Lack of Standing and Failure to State a Claim . . Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| Thursday, February 23, 2023 | ||
| 23 | 23
misc
Letter
Thu 02/23 3:07 PM
JOINT LETTER addressed to Judge Jennifer H. Rearden from Gati Dalal dated February 23, 2023 re: Case Status. Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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| Thursday, February 02, 2023 | ||
| 22 | 22
21
pgs
order
Order
Thu 02/02 4:31 PM
NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel and pro se Plaintiffs must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden, including the Court's Individual Rules and Practices in Civil Pro Se Cases. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously scheduled appearances or conferences before the District Judge are hereby adjournedpending further notice from the Court. Within three weeks of the filing of this Order, the parties are hereby ORDERED to confer and prepare, and Defendants are ORDERED to file on ECF and serve on pro se Plaintiff, a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5)double-spaced pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: as set forth herein. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/02/2023) (ama) |
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| Wednesday, February 01, 2023 | ||
| 21 | 21
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 02/01 10:53 AM
ORDER denying as moot19 Letter Motion for Extension of Time to File Response/Reply re19 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Jerome W. Dewald, pro se dated 01/27/2023.,20 LETTER MOTION for Extension of Time in response to Plaintiff's letter motion (Dkt #19) addressed to Judge Jennifer H. Rearden from Gati Dalal dated January 27, 2023. ; granting20 Letter Motion for Extension of Time. The Defendants' request on consent for an extension of time (ECF No. 20), is GRANTED. Plaintiff shall have until April 9, 2023 to file his opposition to Defendants' motion to dismiss. Defendants shall have until May 9, 2023 to file their reply. Plaintiffs letter-motion requesting an extension of time (ECF No. 19) is DENIED as moot. The Clerk of the Court is directed to terminate ECF Nos. 19 and 20. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 2/1/2023) (jca) |
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utility
Set/Reset Deadlines
Wed 02/01 10:53 AM
Set/Reset Deadlines: Responses due by 4/9/2023 Replies due by 5/9/2023. (jca) |
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| Friday, January 27, 2023 | ||
| 20 | 20
motion
Extension of Time
Fri 01/27 2:31 PM
LETTER MOTION for Extension of Time in response to Plaintiff's letter motion (Dkt #19) addressed to Judge Jennifer H. Rearden from Gati Dalal dated January 27, 2023. Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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| 19 | 19
motion
Extension of Time to File Response/Reply
Fri 01/27 1:02 PM
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Jerome W. Dewald, pro se dated 01/27/2023. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| Tuesday, January 10, 2023 | ||
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notice
Notice of Case Assignment/Reassignment
Tue 01/10 11:23 AM
NOTICE OF CASE REASSIGNMENT to Judge Jennifer H Rearden. Judge John P. Cronan is no longer assigned to the case. (vba) |
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| Monday, January 09, 2023 | ||
| 18 | 18
22
pgs
respm
Memorandum of Law in Support of Motion
Mon 01/09 12:32 PM
MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss for Lack of Standing and Failure to State a Claim . . Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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Att: 1
Appendix of unpublished decisions
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| 17 | 17
motion
Dismiss
Mon 01/09 12:31 PM
MOTION to Dismiss for Lack of Standing and Failure to State a Claim . Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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| Wednesday, November 09, 2022 | ||
| 16 | 16
1
pgs
order
Order on Motion for Extension of Time to Answer
Wed 11/09 12:35 PM
ORDER granting15 Letter Motion for Extension of Time to Answer re15 FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge John P. Cronan from Gati J. Dalal dated November 7, 2022. The request is granted. Defendants shall answer or otherwise respond to Plaintiff's Complaint by January 9, 2023. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 15. SO ORDERED.. (Signed by Judge John P. Cronan on 11/8/2022) Eric Adams answer due 1/9/2023; Sue Donoghue answer due 1/9/2023; Ydanis Rodriguez answer due 1/9/2023; Keechant Sewell answer due 1/9/2023; Elizabeth Smith answer due 1/9/2023; The Central Parks Conservancy answer due 1/9/2023; The City of New York answer due 1/9/2023; The New York Parks and Recreation Department answer due 1/9/2023; The New York Transportation Department answer due 1/9/2023 (ks) |
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| Monday, November 07, 2022 | ||
| 15 | 15
motion
Extension of Time to File Answer
Mon 11/07 2:56 PM
FIRST LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge John P. Cronan from Gati J. Dalal dated November 7, 2022. Document filed by Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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| Thursday, November 03, 2022 | ||
| 14 | 14
service
Summons Returned Executed
Thu 11/03 7:48 PM
SUMMONS RETURNED EXECUTED. Elizabeth Smith served on 10/19/2022, answer due 11/9/2022. Service was accepted by Susan Simon, Senior Legal Counsel and Director of Corporate Compliance. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 13 | 13
service
Summons Returned Executed
Thu 11/03 7:46 PM
SUMMONS RETURNED EXECUTED. The Central Parks Conservancy served on 10/19/2022, answer due 11/9/2022. Service was accepted by Susan Simon, Senior Legal Counsel and Director of Corporate Compliance. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 12 | 12
notice
Notice of Appearance
Thu 11/03 3:24 PM
NOTICE OF APPEARANCE by Gati Dalal on behalf of Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(Dalal, Gati) |
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| Wednesday, November 02, 2022 | ||
| 11 | 11
service
Summons Returned Executed
Wed 11/02 4:48 PM
SUMMONS RETURNED EXECUTED. Sue Donoghue served on 10/18/2021, answer due 11/8/2021. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 10 | 10
service
Summons Returned Executed
Wed 11/02 4:44 PM
SUMMONS RETURNED EXECUTED. The New York Parks and Recreation Department served on 10/18/2022, answer due 11/9/2022. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 9 | 9
service
Summons Returned Executed
Wed 11/02 4:41 PM
SUMMONS RETURNED EXECUTED. Keechant Sewell served on 10/18/2022, answer due 11/9/2022. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 8 | 8
service
Summons Returned Executed
Wed 11/02 4:33 PM
SUMMONS RETURNED EXECUTED. Ydanis Rodriguez served on 10/18/2022, answer due 11/9/2022. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 7 | 7
service
Summons Returned Executed
Wed 11/02 4:31 PM
SUMMONS RETURNED EXECUTED. The New York Transportation Department served on 10/18/2022, answer due 11/9/2022. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 6 | 6
service
Summons Returned Executed
Wed 11/02 4:28 PM
SUMMONS RETURNED EXECUTED. Eric Adams served on 10/18/2022, answer due 11/9/2022. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| 5 | 5
service
Summons Returned Executed
Wed 11/02 4:24 PM
SUMMONS RETURNED EXECUTED. The City of New York served on 10/18/2022, answer due 11/9/2022. Service was accepted by Sarah Jean-Charles, Docketing Clerk. Document filed by Jerome-W Dewald..(Dewald, Jerome-W) |
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| Thursday, October 27, 2022 | ||
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misc
Mail Order by USPS
Thu 10/27 9:42 AM
Mailed a copy of4 Order on Motion for Permission for Electronic Case Filing, Order on Motion for Extension of Time, to Jerome W. Dewald 30 W 63rd St. Apt. 8V New York, NY 10023. (dsh) |
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| Wednesday, October 26, 2022 | ||
| 4 | 4
3
pgs
order
Order on Motion for Permission for Electronic Case Filing Order on Motion for Extension of Time
Wed 10/26 10:54 AM
MEMO ENDORSEMENT granting3 Motion for Permission for Electronic Case Filing; denying without prejudice3 Motion for Extension of Time. ENDORSEMENT Plaintiff's request for permission to file electronically is granted. Plaintiff filed his Complaint on September 26, 2022. Per Federal Rule of Civil Procedure 4(m), his deadline to serve the Complaint on Defendants has not yet passed. See Fed. R. Civ. P. 4(m). Therefore, the request for an extension of time to serve nunc pro tunc is denied without prejudice. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 3. SO ORDERED. (Signed by Judge John P. Cronan on 10/25/2022) (jca) |
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| Thursday, October 20, 2022 | ||
| 3 | 3
motion
Permission for Electronic Case Filing Extension of Time
Thu 10/20 3:45 PM
MOTION FOR PERMISSION TO FILE ELECTRONICALLY & EXTEND TIME FOR SERVICE NUNC PRO TUNC, Re: for Permission for Jerome Dewald to participate in electronic case filing in this case, MOTION for Extension of Time. Document filed by Jerome W. Dewald.(sc) |
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| Monday, September 26, 2022 | ||
| 1 | 1
41
pgs
cmp
Complaint
Tue 09/27 11:02 AM
COMPLAINT against Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department. (Filing Fee $ 402.00, Receipt Number 6329)Document filed by Jerome W. Dewald..(rdz) |
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utility
Case Designated ECF
Tue 09/27 11:03 AM
Case Designated ECF. (rdz) |
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utility
Case Designation
Tue 09/27 11:22 AM
Magistrate Judge Gabriel W. Gorenstein 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] . (rdz) |
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service
Summons Issued
Tue 09/27 11:25 AM
SUMMONS ISSUED as to Eric Adams, Sue Donoghue, Ydanis Rodriguez, Keechant Sewell, Elizabeth Smith, The Central Parks Conservancy, The City of New York, The New York Parks and Recreation Department, The New York Transportation Department..(rdz) |
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