Ramos v. Metropolitan Transit Authority et al (1:17-cv-06063), New York Southern District Court

New York Southern District Court
Judge:Valerie E Caproni
Case #: 1:17-cv-06063
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Aug 11, 2017
Terminated:Dec 18, 2017
Last checked: Wednesday Feb 07, 2018 4:21 AM EST
Defendant
Sgt. Richard Carpinone
Represented By
David Harlan Schultz
Barry, Mctiernan & Moore
contact info
John Vincent Wynne
Barry, Mctiernan & Moore, LLP
contact info
Defendant
Sgt. Damaris Crespo
Represented By
David Harlan Schultz
Barry, Mctiernan & Moore
contact info
John Vincent Wynne
Barry, Mctiernan & Moore, LLP
contact info
Defendant
B.T.O.s John Doe #1-10
Defendant
Bridge and Tunnel Officer Danielle Rush
Represented By
David Harlan Schultz
Barry, Mctiernan & Moore
contact info
John Vincent Wynne
Barry, Mctiernan & Moore, LLP
contact info
Defendant
Triborough Bridge and Tunnel Authority
Represented By
David Harlan Schultz
Barry, Mctiernan & Moore
contact info
John Vincent Wynne
Barry, Mctiernan & Moore, LLP
contact info
Plaintiff
Elizabeth Ramos
Represented By
Ilyssa S Fuchs
Cohen & Fitch, LLP
contact info
Joshua Paul Fitch
Cohen & Fitch, LLP
contact info
TERMINATED PARTIES
Defendant
Metropolitan Transit Authority
Terminated: 10/10/2017
Represented By
David Harlan Schultz
Barry, Mctiernan & Moore
contact info
John Vincent Wynne
Barry, Mctiernan & Moore, LLP
contact info


Docket last updated: 12 hours ago
Monday, December 18, 2017
33 33 order Stipulation and Order of Dismissal Tue 12/19 11:14 AM
STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED that this action is hereby discontinued with prejudice and without costs to any party; and it is hereby settled in an amount agreed upon by the parties herein. The Clerk of the Court is directed to terminate this case. The Court will not retain jurisdiction over the parties' settlement unless the parties' settlement agreement, including the general release referenced above, is filed publicly. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 12/18/2017) (kgo)
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Friday, December 15, 2017
32 32 misc Settlement Agreement Fri 12/15 3:39 PM
SETTLEMENT AGREEMENT . Document filed by Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Damaris Crespo(Shield No. 486, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Triborough Bridge and Tunnel Authority.(Schultz, David)
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Thursday, November 16, 2017
31 31 2 pgs order Order Thu 11/16 11:27 AM
ORDER: On November 15, 2017, the parties reported to the Court that they have reached a settlement of the above-referenced case. Accordingly, it is hereby ORDERED that this action will be dismissed without costs (including attorneys' fees) to either party on December 15, 2017, unless before that date one or more of the parties files a letter with the Court requesting that the action not be dismissed and stating the reasons why the Court should retain jurisdiction over this action in light of the parties' settlement. To be clear, any request that the action not be dismissed must be filed on or before December 15, 2017; any request filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction over their settlement agreement, not later than December 7, 2017, they must submit the settlement agreement to the Court in accordance with Rule 5.A of the Court's Individual Practices, along with a request that the Court issue an order expressly retaining jurisdiction to enforce their settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). All deadlines and court conferences previously scheduled in this matter are cancelled. (Signed by Judge Valerie E. Caproni on 11/16/2017) (kgo)
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Wednesday, November 15, 2017
30 30 misc Letter Wed 11/15 2:11 PM
LETTER addressed to Judge Valerie E. Caproni from Ilyssa S. Fuchs dated 11/15/2017 re: The Parties Have Reached a Settlement. Document filed by Elizabeth Ramos.(Fuchs, Ilyssa)
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Monday, November 06, 2017
29 29 2 pgs order Order on Motion for Extension of Time Tue 11/07 6:34 AM
ORDER granting28 Letter Motion for Extension of Time. Application GRANTED. (Signed by Judge Valerie E. Caproni on 11/6/2017) (mro)
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28 28 motion Extension of Time Mon 11/06 2:53 PM
FIRST LETTER MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss in Order to Explore the Possibility of Settlement addressed to Judge Valerie E. Caproni from Joshua P. Fitch dated November 6, 2017. Document filed by Elizabeth Ramos.(Fitch, Joshua)
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utility Set/Reset Deadlines Tue 11/07 6:34 AM
Set/Reset Deadlines: Responses due by 11/14/2017 (mro)
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Wednesday, November 01, 2017
27 27 order Protective Order Wed 11/01 6:02 PM
STIPULATION CONCERNING CONFIDENTIAL MATERIAL:...regarding procedures to be followed that shall govern the handling of confidential material...Notwithstanding paragraph 14 of the parties' agreement, any party seeking to file Confidential Material with the Court must comply with Rule 4.A of the Undersigned's individual practices regarding sealed filings. (Signed by Judge Valerie E. Caproni on 11/1/2017) (ap)
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Monday, October 30, 2017
26 26 motion Discovery Mon 10/30 11:50 AM
CONSENT LETTER MOTION for Discovery Request to "So Order" Stipulation Concerning Confidential Material addressed to Judge Valerie E. Caproni from David H. Schultz dated 10/30/2017. Document filed by Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Damaris Crespo(Shield No. 486, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Triborough Bridge and Tunnel Authority.(Schultz, David)
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Att: 1 Exhibit Proposed Stipulation Concerning Confidential Material
Tuesday, October 24, 2017
25 25 motion Dismiss Tue 10/24 2:18 PM
MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) . Document filed by Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Damaris Crespo(Shield No. 486, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Triborough Bridge and Tunnel Authority.(Schultz, David)
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Att: 1 Exhibit Declaration,
Att: 2 Exhibit Exhibit A - Notice of Claim,
Att: 3 Exhibit Exhibit B: Amended Notice of Claim,
Att: 4 Exhibit Exhibit C: Amended Complaint,
Att: 5 Exhibit Memorandum of Law
Friday, October 13, 2017
24 24 1 pgs order Order Fri 10/13 4:25 PM
ORDER: IT IS HEREBY ORDERED that discovery in respect of Plaintiff's claim for municipal liability pursuant to the doctrine of Monell v. Dep't of Social Servs. of City of N.Y., 436 U.S. 659 (1978) is stayed sine die. (Signed by Judge Valerie E. Caproni on 10/13/2017) (kgo)
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23 23 order Case Management Plan Fri 10/13 3:25 PM
CIVIL 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. This case is to be tried to a jury. Deposition due by 3/5/2018. Fact Discovery due by 1/16/2018. Expert Discovery due by 3/5/2018. Pretrial Conference set for 1/19/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/13/2017) (kgo)
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22 22 minutes Pretrial Conference - Initial Fri 10/13 12:50 PM
Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 10/13/2017. Order to follow. (Court Reporter Andrew Walker) (Brantley, Michael)
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Wednesday, October 11, 2017
21 21 1 pgs order Order on Motion for Judgment on the Pleadings Wed 10/11 10:45 AM
ORDER denying without prejudice17 Motion for Judgment on the Pleadings. WHEREAS on September 26, 2017, Defendants filed a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), Dkt. 17; and WHEREAS on October 10, 2017, Plaintiff filed a first amended complaint, Dkt. 19; IT IS HEREBY ORDERED that Defendants' motion for judgment on the pleadings is DENIED WITHOUT PREJUDICE. The clerk of the court is respectfully directed to close the open motion at docket entry 17. (Signed by Judge Valerie E. Caproni on 10/11/2017) (mro)
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Tuesday, October 10, 2017
20 20 misc Letter Tue 10/10 2:22 PM
LETTER addressed to Judge Valerie E. Caproni from Joshua P. Fitch dated October 10, 2017 re: Enclosing a Copy of a Redlined Version of the Amended Complaint just Filed Pursuant to Your Honor's Individual Rules of Practice. Document filed by Elizabeth Ramos.(Fitch, Joshua)
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Att: 1 Redlined Comparison Version of Amended Complaint
19 19 cmp Amended Complaint Tue 10/10 2:18 PM
FIRST AMENDED COMPLAINT amending1 Complaint,,, against Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Richard Carpinone(Shield No. 2801, Individually), Sgt. Damaris Crespo(Shield No. 486, Individually), Sgt. Damaris Crespo(Shield No. 486, In his/her Official Capacity), B.T.O.s John Doe #1-10(In their Official Capacity, (the name John Doe being fictitious, as the true names are presently unknown),), B.T.O.s John Doe #1-10(Individually, (the name John Doe being fictitious, as the true names are presently unknown),), Metropolitan Transit Authority, Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, In her Official Capacity), Triborough Bridge and Tunnel Authority with JURY DEMAND.Document filed by Elizabeth Ramos. Related document:1 Complaint,,,.(Fitch, Joshua)
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Thursday, October 05, 2017
18 18 misc Pre-Conference Statement Thu 10/05 6:22 PM
JOINT PRE-CONFERENCE STATEMENT and Proposed Case Management Plan . Document filed by Elizabeth Ramos.(Fuchs, Ilyssa)
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Att: 1 Exhibit Proposed Case Management Plan
Tuesday, September 26, 2017
17 17 motion Judgment on the Pleadings Tue 09/26 4:00 PM
MOTION for Judgment on the Pleadings . Document filed by Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Damaris Crespo(Shield No. 486, Individually), Metropolitan Transit Authority, Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Triborough Bridge and Tunnel Authority.(Schultz, David)
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Att: 1 Exhibit Declaration,
Att: 2 Exhibit Exhibit A: Notice of Claim,
Att: 3 Exhibit Exhibit B: Amended Notice of Claim,
Att: 4 Exhibit Exhibit C: Complaint,
Att: 5 Exhibit Exhibit D: Answer,
Att: 6 Exhibit Memorandum of Law
Tuesday, September 19, 2017
16 16 answer Answer to Complaint Tue 09/19 3:55 PM
ANSWER to1 Complaint,,,. Document filed by Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Damaris Crespo(Shield No. 486, Individually), Metropolitan Transit Authority, Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Triborough Bridge and Tunnel Authority.(Wynne, John)
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15 15 misc Rule 7.1 Corporate Disclosure Statement Tue 09/19 3:37 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Damaris Crespo(Shield No. 486, Individually), Metropolitan Transit Authority, Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, In her Official Capacity), Triborough Bridge and Tunnel Authority.(Wynne, John)
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14 14 order Memo Endorsement Tue 09/19 3:13 PM
MEMO ENDORSEMENT on re:13 Letter filed by Elizabeth Ramos. ENDORSEMENT: Application GRANTED in part. The parties' conference is adjourned to October 13, 2017. The parties' joint pre-conference letter is due by October 5, 2017. Please note that the last day of Sukkot is October 11, 2017. (Signed by Judge Valerie E. Caproni on 9/19/2017) (kgo)
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Monday, September 18, 2017
13 13 misc Letter Mon 09/18 4:24 PM
LETTER addressed to Judge Valerie E. Caproni from Gerald M. Cohen dated 09/18/2017 re: Request for Adjournment of Initial Conference. Document filed by Elizabeth Ramos.(Fuchs, Ilyssa)
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Wednesday, August 30, 2017
12 12 service Summons Returned Executed Wed 08/30 5:30 PM
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually) served on 8/17/2017, answer due 9/7/2017; Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, In her Official Capacity) served on 8/17/2017, answer due 9/7/2017. Service was made by MAIL. Document filed by Elizabeth Ramos. (Fuchs, Ilyssa)
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11 11 service Summons Returned Executed Wed 08/30 5:28 PM
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Sgt. Damaris Crespo(Shield No. 486, Individually) served on 8/17/2017, answer due 9/7/2017; Sgt. Damaris Crespo(Shield No. 486, In his/her Official Capacity) served on 8/17/2017, answer due 9/7/2017. Service was made by MAIL. Document filed by Elizabeth Ramos. (Fuchs, Ilyssa)
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10 10 service Summons Returned Executed Wed 08/30 5:27 PM
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity) served on 8/17/2017, answer due 9/7/2017; Sgt. Richard Carpinone(Shield No. 2801, Individually) served on 8/17/2017, answer due 9/7/2017. Service was made by MAIL. Document filed by Elizabeth Ramos. (Fuchs, Ilyssa)
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Thursday, August 24, 2017
9 9 2 pgs order Order for Initial Pretrial Conference Fri 08/25 9:00 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/22/2017 at 10:00 AM in Courtroom 443, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, and as further set forth in this Order. (Signed by Judge Valerie E. Caproni on 8/24/2017) (rjm)
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Wednesday, August 23, 2017
8 8 answer Answer to Complaint Wed 08/23 4:19 PM
ANSWER to1 Complaint,,,. Document filed by Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority.(Wynne, John)
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7 7 misc Rule 7.1 Corporate Disclosure Statement Wed 08/23 4:12 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metropolitan Transit Authority, Triborough Bridge and Tunnel Authority.(Wynne, John)
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Monday, August 14, 2017
6 6 service Summons Returned Executed Mon 08/14 1:33 PM
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Triborough Bridge and Tunnel Authority served on 8/14/2017, answer due 9/5/2017. Service was accepted by Maria Superfin, Manger of Law and Procurement Authorized to Accept Service. Document filed by Elizabeth Ramos. (Fuchs, Ilyssa)
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5 5 service Summons Returned Executed Mon 08/14 1:31 PM
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Metropolitan Transit Authority served on 8/14/2017, answer due 9/5/2017. Service was accepted by Ann Cutler, Clerk Authorized to Accept. Document filed by Elizabeth Ramos. (Fuchs, Ilyssa)
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4 4 service Summons Issued Mon 08/14 10:44 AM
ELECTRONIC SUMMONS ISSUED as to Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Richard Carpinone(Shield No. 2801, Individually), Sgt. Damaris Crespo(Shield No. 486, Individually), Sgt. Damaris Crespo(Shield No. 486, In his/her Official Capacity), Metropolitan Transit Authority, Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, In her Official Capacity), Triborough Bridge and Tunnel Authority. (kl)
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notice Case Opening Initial Assignment Notice Mon 08/14 10:40 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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] . (kl)
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utility Case Designation Mon 08/14 10:41 AM
Magistrate Judge Barbara C. Moses 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:http://nysd.uscourts.gov/forms.php] . (kl)
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utility Case Designated ECF Mon 08/14 10:41 AM
Case Designated ECF. (kl)
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Friday, August 11, 2017
3 3 service Request for Issuance of Summons Fri 08/11 11:39 AM
REQUEST FOR ISSUANCE OF SUMMONS as to METROPOLITAN TRANSIT AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, SGT. DAMARIS CRESPO, BRIDGE AND TUNNEL OFFICER DANIELLE RUSH, SGT. RICHARD CARPINONE, re:1 Complaint,,,. Document filed by Elizabeth Ramos. (Fuchs, Ilyssa)
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2 2 misc Civil Cover Sheet Fri 08/11 11:37 AM
CIVIL COVER SHEET filed. (Fuchs, Ilyssa)
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1 1 cmp Complaint Fri 08/11 11:35 AM
COMPLAINT against Sgt. Richard Carpinone(Shield No. 2801, In his Official Capacity), Sgt. Richard Carpinone(Shield No. 2801, Individually), Sgt. Damaris Crespo(Shield No. 486, Individually), Sgt. Damaris Crespo(Shield No. 486, In his/her Official Capacity), B.T.O.s John Doe #1-10(In their Official Capacity, (the name John Doe being fictitious, as the true names are presently unknown),), B.T.O.s John Doe #1-10(Individually, (the name John Doe being fictitious, as the true names are presently unknown),), Metropolitan Transit Authority, Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, Individually), Bridge and Tunnel Officer Danielle Rush(Shield No. 2561, In her Official Capacity), Triborough Bridge and Tunnel Authority. (Filing Fee $ 400.00, Receipt Number 0208-14005374)Document filed by Elizabeth Ramos.(Fuchs, Ilyssa)
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