New York Southern District Court
Judge:Katherine Polk Failla
Case #: 1:25-cv-01408
Nature of Suit320 Torts - Personal Injury - Assault, Libel, & Slander
Cause28:1442 Notice of Removal - Suit against Federal Officer
Case Filed:Feb 19, 2025
Case in other court:New York State Supreme Court, 161867/2024
Last checked: Wednesday Feb 19, 2025 1:05 PM EST
Defendant
David Hink
Represented By
Rachel Kroll
United States Attorney'S Office, Southern District Of N
contact info
Plaintiff
Sean Cummings
Plaintiff
Damien De Fazio
Plaintiff
Joseph Diaz
Plaintiff
Jefferson Li


Docket last updated: 4 hours ago
Friday, February 21, 2025
6 6 order Order on Motion for Extension of Time to Answer Fri 02/21 2:51 PM
ORDER granting5 Letter Motion for Extension of Time to Answer re1 Notice of Removal. Application GRANTED. Given that Plaintiffs have consented to this request, the Court sees no need to hold a pre-motion conference pursuant to Rule 4(A) of the Court's Individual Rules of Practice in Civil Cases. The deadline to answer or otherwise respond to the complaint is hereby ADJOURNED to on or before April 21, 2025, and the Court sets the following briefing schedule for the motion to dismiss: -Should Plaintiffs seek to amend their complaint, they shall do so on or before March 21, 2025; -The Government shall file its opening brief on or before April 21, 2025; -Plaintiffs shall file their opposition brief on or before May 19, 2025; and -The Government shall file its reply brief on or before June 2, 2025. The Clerk of Court is directed to terminate the pending motion at docket entry 5. David Hink answer due 4/21/2025 (Signed by Judge Katherine Polk Failla on 2/21/2025) (rro)
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utility Set/Reset Deadlines Fri 02/21 2:51 PM
Set/Reset Deadlines: Motions due by 4/21/2025. Responses due by 5/19/2025 Replies due by 6/2/2025. (rro)
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Thursday, February 20, 2025
5 5 motion Extension of Time to File Answer Thu 02/20 10:10 AM
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Rachel Kroll dated 2/20/25. Document filed by David Hink..(Kroll, Rachel)
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notice Case Opening Initial Assignment Notice Thu 02/20 9:53 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
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utility Case Designation Thu 02/20 9:53 AM
Magistrate Judge Sarah Netburn 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] . (pc)
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utility Case Designated ECF Thu 02/20 9:54 AM
Case Designated ECF. (pc)
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Wednesday, February 19, 2025
4 4 service Affidavit of Service Other Wed 02/19 4:10 PM
AFFIDAVIT OF SERVICE of Notice of Removal served on JEFFERSON LI, JOSEPH DIAZ, DAMIEN DE FAZIO, and SEAN CUMMINGS on February 19, 2025. Document filed by David Hink..(Kroll, Rachel)
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3 3 notice Notice of Appearance Wed 02/19 1:14 PM
NOTICE OF APPEARANCE by Rachel Kroll on behalf of David Hink..(Kroll, Rachel)
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2 2 misc Civil Cover Sheet Wed 02/19 12:31 PM
CIVIL COVER SHEET filed..(Kroll, Rachel)
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1 1 notice Notice of Removal Wed 02/19 12:13 PM
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 161867/2024..Document filed by David Hink..(Kroll, Rachel)
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Att: 1 Exhibit Notice of Removal - Exhibit A - State Complaint,
Att: 2 Exhibit Notice of Removal - Exhibit B - USAO Certification