Duncan v. City of New York et al

New York Southern District Court
Judge:	Vernon S Broderick
Referred:	Jennifer E Willis
Case #:	1:24-cv-04438
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:

Jun 10, 2024

Docket
Parties (9)

Last checked: Sunday Dec 08, 2024 4:45 AM EST

Defendant City of New York	Represented By Inna Shapovalova New York City Law Department contact info
Defendant Officer Wildania Hernandez 6th Precinct 233 West 10th Street New York, NY 10014
Defendant Detective Specialist Mayko Matos 6th Precinct 233 West 10th Street New York, NY 10017
Defendant Officer Muhammad AMIR 6th Precinct 233 West 10th Street New York, NY 10014
Defendant Sergeant Thomas Lewandowski 33rd Precinct 233 West 10th Street New York, NY 10017
Plaintiff Branden Duncan 144-11 249th Rosedale, NY 11422
TERMINATED PARTIES
Defendant Officer Amir Terminated: 12/03/2024
Defendant John Doe Officer (Afro-America) Terminated: 12/03/2024
Defendant John Doe Officer (Caucasian) Terminated: 12/03/2024

Docket last updated: 1 hours ago

Thursday, February 06, 2025
		misc Mailing Receipt Thu 02/06 1:46 PM MAILING RECEIPT: Document No: 29. Mailed to: Branden Duncan 144-11 249th Rosedale, NY 11422. (ne) Related: [-]
Wednesday, February 05, 2025
29		29 order Case Management Plan Wed 02/05 4:59 PM PROPOSED CASE MANAGEMENT PLAN FOR PRO SE CASE: All discovery is due May 29, 2025. Depositions are due by May 29, 2025. This proposed plan is ADOPTED. SO ORDERED. Deposition due by 5/29/2025. Discovery due by 5/29/2025. (Signed by Magistrate Judge Jennifer E. Willis on 2/5/2025) (jjc) Related: [-]
Wednesday, January 29, 2025
28		28 misc Proposed Case Management Plan Wed 01/29 1:44 PM PROPOSED CASE MANAGEMENT PLAN. Document filed by City of New York, Wildania Hernandez, Sergeant Thomas Lewandowski, Detective Specialist Mayko Matos, Officer Muhammad AMIR. Related [+] Related: [-] ilingh, Edward
Monday, January 27, 2025
27		27 answer Answer to Amended Complaint Mon 01/27 6:13 PM ANSWER to17 Amended Complaint, with JURY DEMAND. Document filed by City of New York, Wildania Hernandez, Sergeant Thomas Lewandowski, Detective Specialist Mayko Matos, Officer Muhammad AMIR. Related [+] Related: [-] ilingh, Edward
Wednesday, December 18, 2024
		misc Mailing Receipt Wed 12/18 10:02 AM MAILING RECEIPT: Document No: 26. Mailed to: Branden Duncan 144-11 249th Rosedale, NY 11422. (ak) Related: [-]
Monday, December 16, 2024
26		26 3 pgs order Order on Motion for Extension of Time to Answer Tue 12/17 11:26 AM ORDER granting25 Letter Motion for Extension of Time to Answer Sergeant Thomas Lewandowski answer due 1/27/2025 Defendant's request is GRANTED. Their responses to the amended complaint is dueby January 27, 2025. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 12/16/2024) City of New York answer due 1/27/2025; Detective Specialist Mayko Matos answer due 1/27/2025; Wildania Hernandez answer due 1/27/2025; Officer Muhammad AMIR answer due 1/27/2025; (ar) Related: [-]
Friday, December 13, 2024
25		25 motion Extension of Time to File Answer Fri 12/13 5:38 PM LETTER MOTION for Extension of Time to File Answer respectfully requesting that the Court sua sponte grant defendants Amir, Hernandez, Lewandowski, and Matos an extension of time to respond to the Amended Complaint and grant defendant City a corresponding extension addressed to Judge Vernon S. Broderick from Inna Shapovalova dated December 13, 2024. Document filed by City of New York..(Shapovalova, Inna) Related: [-]
Tuesday, December 10, 2024
		misc Mailing Receipt Tue 12/10 10:10 AM MAILING RECEIPT: Document No: 24. Mailed to: Branden Duncan 144-11 249th Rosedale, NY 11422. (ak) Related: [-]
Monday, December 09, 2024
24		24 3 pgs order Order for Initial Pretrial Conference Mon 12/09 10:54 AM ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: The Clerk of Court is respectfully requested to mail a copy of this order to the Pro-se litigant at the following address: Branden Duncan, 144-11 249th Street, Rosedale, NY 11422. As further set forth by this Order. SO ORDERED. Initial Conference set for 2/5/2025 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Jennifer E. Willis. (Signed by Magistrate Judge Jennifer E. Willis on 12/9/2024) (tg) Related: [-]
		misc Mailing Receipt Mon 12/09 11:09 AM Related: [-]
Friday, December 06, 2024
23		23 1 pgs order Order Referring Case to Magistrate Judge Fri 12/06 11:21 AM ORDER REFERRING CASE TO 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 Jennifer E. Willis. (Signed by Judge Vernon S. Broderick on 12/6/2024) (jjc) Related: [-]
Wednesday, December 04, 2024
22		22 service Affidavit of Service Complaints Fri 12/06 9:39 AM PROOF OF SERVICE. Sergeant Thomas Lewandowski served on 12/3/2024, answer due 12/26/2024. Service was accepted by Legal Dept. Legal Secretary. Document filed by Branden Duncan..(nd) Related: [-]
21		21 service Affidavit of Service Complaints Fri 12/06 9:37 AM PROOF OF SERVICE. Detective Specialist Mayko Matos served on 12/3/2024, answer due 12/26/2024. Service was accepted by P.O. Taunton Shield # 2629. Document filed by Branden Duncan..(nd) Related: [-]
20		20 service Affidavit of Service Complaints Fri 12/06 9:34 AM PROOF OF SERVICE. Wildania Hernandez served on 12/3/2024, answer due 12/26/2024. Service was accepted by P.O. Taunton Shield # 2629. Document filed by Branden Duncan..(nd) Related: [-]
19		19 service Affidavit of Service Complaints Fri 12/06 9:16 AM PROOF OF SERVICE. Officer Muhammad AMIR served on 12/4/2024, answer due 12/26/2024. Service was accepted by Sgt. Paulino # 2381. Document filed by Branden Duncan..(nd) Related: [-]
Tuesday, December 03, 2024
18		18 service Summons Issued Thu 12/05 12:02 PM SUMMONS ISSUED as to Detective Specialist Mayko Matos, Wildania Hernandez, Officer Muhammad AMIR, Sergeant Thomas Lewandowski. (ar) Related: [-]
17		17 cmp Amended Complaint Thu 12/05 11:48 AM AMENDED COMPLAINT amending1 Complaint against City of New York, Wildania Hernandez, Sergeant Thomas Lewandowski, Detective Specialist Mayko Matos, Officer Muhammad AMIR with JURY DEMAND. Document filed by Branden Duncan. Related document:1 Complaint. (ar) Related: [-]
Wednesday, November 13, 2024
		misc Mailing Receipt Wed 11/13 10:08 AM MAILING RECEIPT: Document No: 15. Mailed to: Branden Duncan 144-11 249th Rosedale, NY 11422. (ak) Related: [-]
Tuesday, November 12, 2024
16		16 answer Answer to Complaint Tue 11/12 6:18 PM ANSWER to1 Complaint with JURY DEMAND. Document filed by City of New York..(Shapovalova, Inna) Related: [-]
15		15 2 pgs order Order ~Util - Set Deadlines/Hearings Tue 11/12 5:46 PM ORDER: Accordingly, it is hereby: ORDERED that Plaintiff file an amended complaint naming the John Doe Defendants-Lewndowski and Matos-by December 10, 2024. Following the filing of the amended complaint, Plaintiff shall request that the Clerk of Court issue summonses for these Defendants. IT IS FURTHER ORDERED that Plaintiff's deadline to effectuate service on the NYPD Officer Defendants-Amir, Hernandez, Lewandowski, and Matos- shall be extended to March 10, 2025. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff at the address on file. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/12/2024) ( Amended Pleadings due by 12/10/2024., Service due by 3/10/2025.) (ks) Related: [-]
Thursday, November 07, 2024
14		14 service Summons Returned Executed Fri 11/08 4:16 PM SUMMONS RETURNED EXECUTED Summons and Complaint served. City of New York served on 11/7/2024, answer due 12/2/2024. Service was accepted by Jonathan Klobus. Document filed by Branden Duncan. (mml) Related: [-]
13		13 misc Letter Fri 11/08 4:03 PM LETTER addressed to Judge Vernon S. Broderick from Brandon Duncan dated 11/7/2024 re: Plaintiff is respectfully requesting an extension for time to serve the NYPD Defendants. Document filed by Branden Duncan. (mml) Related: [-]
Tuesday, October 15, 2024
12		12 misc Letter Tue 10/15 5:44 PM LETTER addressed to Judge Vernon S. Broderick from Inna Shapovalova dated October 15, 2024 re: respectfully writing to respond to the Courts August 15, 2024 Valentin Order. Document filed by City of New York..(Shapovalova, Inna) Related: [-]
Thursday, September 26, 2024
		misc Mailing Receipt Thu 09/26 8:40 AM Related: [-]
Tuesday, September 24, 2024
11		11 3 pgs order Order on Motion for Extension of Time to Answer Wed 09/25 9:09 AM ORDER granting10 Letter Motion for Extension of Time to Answer re1 Complaint. APPLICATION GRANTED. SO ORDERED. Amir answer due 11/12/2024; City of New York answer due 11/12/2024; Wildania Hernandez answer due 11/12/2024. (Signed by Judge Vernon S. Broderick on 9/24/2024) (tg) Related: [-]
Monday, September 23, 2024
10		10 motion Extension of Time to File Answer Mon 09/23 4:49 PM LETTER MOTION for Extension of Time to File Answer respectfully requesting an enlargement of time to answer or otherwise respond to the Complaint until November 12, 2024 and that the Court sua sponte afford individually named defendants Amir and Hernandez a corresponding extension of time addressed to Judge Vernon S. Broderick from Inna Shapovalova dated September 23, 2024. Document filed by City of New York..(Shapovalova, Inna) Related: [-]
Monday, August 19, 2024
9		9 misc FRCP 4 Service Package - Mailed Mon 08/19 1:49 PM INFORMATION PACKAGE MAILED to Branden Duncan 144-11 249th Rosedale, NY 11422, on 8/19/2024 Re:7 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 3 copies of Summons(es) mailed. (nb) Modified on 8/19/2024 (nb) Related: [-]
8		8 service Summons Issued Mon 08/19 1:47 PM SUMMONS ISSUED as to Amir, City of New York, Wildania Hernandez. (nb) Related: [-]
		misc Mail Order by USPS Mon 08/19 1:50 PM Mailed a copy of1 Complaint,7 Order of Service, to New York City Law Department 100 Church Street, New York, NY 10007. (nb) Related: [-]
Thursday, August 15, 2024
7		7 3 pgs order Order of Service Thu 08/15 10:56 AM ORDER OF SERVICE: The Clerk of Court is directed to: (1) mail an information package to Plaintiff; and(2) issue summonses as to Defendants City of New York, Police Officer Wildania Hernandez, and Police Officer Amir. The Clerk of Court is further directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, NY 10007. Plaintiff may consent to accept service of documents by email, instead of regular mail, by completing the attached form, Consent to Electronic Service. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/15/2024) (sgz) Related: [-]
Friday, July 12, 2024
		misc Pro Se Payment of Fee - Processed Fri 07/12 2:53 PM Pro Se Payment of Fee Processed: $405.00 Money Order processed by the Finance Department on 7/12/2024, Receipt Number 30963. (ehn) Related: [-]
		notice Notice of Case Assignment/Reassignment Fri 07/12 5:00 PM NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Laura Taylor Swain is no longer assigned to the case. (vba) Related: [-]
		utility Case Designation Fri 07/12 5:01 PM Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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] . (vba) Related: [-]
Monday, June 17, 2024
		misc Mailing Receipt Mon 06/17 10:57 AM MAILING RECEIPT: Document No: 5. Mailed to: Branden Duncan 144-11 249th Rosedale, NY 11422. (nb) Related: [-]
Friday, June 14, 2024
5		5 2 pgs order Order Directing Payment of Fee or IFP Application Fri 06/14 2:45 PM ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render proper payment of the $405 filing fee or submit an IFP application to this Court's Pro Se Intake Unit within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. � 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Filing Fee due by 7/15/2024. In Forma Pauperis (IFP) Application due by 7/15/2024. (Signed by Judge Laura Taylor Swain on 6/14/24) (keb) Related: [-]
		Att: 1 IFP application
		misc Mailing Receipt Fri 06/14 3:56 PM MAILING RECEIPT: Document No: 4-5. Mailed to: Branden Duncan 144-11 249th Rosedale, NY 11422. (vn) Related: [-]
Wednesday, June 12, 2024
4		4 order Standing Order re Cases Filed By Pro Se Plaintiffs Wed 06/12 10:29 AM STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/24) (rdz) Related: [-]
		misc Pro Se Payment of Fee - Deficient Wed 06/12 11:48 AM Deficient Pro Se Payment of Fee Received: Incorrect Amount received by the Finance Department on 6/10/24, in the amount of $402.00. Payment will be held by the Finance Office pending further order of the Court. (amf) Related: [-]
		notice Notice of Case Assignment/Reassignment - Sua Sponte Wed 06/12 4:32 PM NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) Related: [-]
Monday, June 10, 2024
3		3 misc Civil Cover Sheet Wed 06/12 10:23 AM CIVIL COVER SHEET filed..(rdz) Related: [-]
2		2 service Request for Issuance of Summons Wed 06/12 10:20 AM REQUEST FOR ISSUANCE OF SUMMONS as to Branden Duncan, re:1 Complaint. Document filed by Branden Duncan..(rdz) Modified on 6/12/2024 (rdz) Related: [-]
1		1 cmp Complaint Wed 06/12 10:16 AM COMPLAINT against Amir, City of New York, Wildania Hernandez, John Doe Officer (Afro-America), John Doe Officer (Caucasian). Document filed by Branden Duncan..(rdz) Modified on 6/12/2024 (rdz) Related: [-]
		utility Case Designated ECF Wed 06/12 10:17 AM Case Designated ECF. (rdz) Modified on 6/12/2024 (rdz) Related: [-]
		service Note Regarding Service on Self-Represented Party Wed 06/12 10:32 AM CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information..(rdz) Related: [-]

Continue to Create Account