Name: Staten v. The Patrolmen's Benevolent Association :: New York Southern District Court :: Federal Civil Lawsuit No. 1:16-cv-05316, Judge John G. Koeltl presiding
Creator: New York Southern District Court
Published: 2016-07-01
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, New York Southern District Court

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	Filed: 9/19/2018, Entered: 9/19/2018
	Transmission of USCA Mandate to the District Judge re: 35 USCA Mandate,. (nd)


35	Filed: 9/19/2018, Entered: 9/19/2018
	MANDATE of USCA (Certified Copy) as to 34 Notice of Appeal filed by B09788C. USCA Case Number 17-3764. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/19/2018. (nd)
	Request

	Filed: 11/17/2017, Entered: 11/17/2017
	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 34 Notice of Appeal filed by B09788C were transmitted to the U.S. Court of Appeals. (tp)


	Filed: 11/17/2017, Entered: 11/17/2017
	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 34 Notice of Appeal. (tp)


34	Filed: 11/17/2017, Entered: 11/17/2017
	NOTICE OF APPEAL from 33 Clerk's Judgment. Document filed by B09788C. Filing fee $ 505.00, receipt number 465401195424. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
	Request

	Filed: 10/25/2017, Entered: 10/25/2017
	Terminate Transcript Deadlines (km)


33	Filed: 10/25/2017, Entered: 10/25/2017
	CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 20, 2017, the Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The Defendant's motion to dismiss is granted; and judgment is entered dismissing the amended complaint with prejudice, except the state law claims and any claims under Title VII are dismissed without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/25/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km)
	Request

	Filed: 10/20/2017, Entered: 10/20/2017
	Transmission to Judgments and Orders Clerk. Transmitted re: 32 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (kgo)


32	Filed: 10/20/2017, Entered: 10/20/2017
	OPINION AND ORDER re: 24 MOTION to Dismiss . filed by The Patrolmen's Benevolent Association of the City of New York. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The defendant's motion to dismiss is granted. The Clerk is directed to enter judgment dismissing the amended complaint with prejudice, except the state law claims and any claims under Title VII are dismissed without prejudice. The Clerk is also directed to close this case and to close all pending motions. (Signed by Judge John G. Koeltl on 10/19/2017) (kgo)
	Request

	Filed: 10/13/2017, Entered: 11/9/2017
	Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 10/13/2017 re: 24 MOTION to Dismiss. Filed by The Patrolmen's Benevolent Association of the City of New York. (Fletcher, Donnie)


31	Filed: 9/22/2017, Entered: 9/25/2017
	NOTICEOF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held onFriday, October 13, 2017, at 2:30pm, in Courtroom 128, in front of the Honorable Jolm G.Koeltl. Oral Argument set for 10/13/2017 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (js)
	Request

30	Filed: 5/31/2017, Entered: 5/31/2017
	ORDER. The defendants are directed to provide the Court with courtesy copies of all papers filed by all parties in connection with the currently pending motion to dismiss. SO ORDERED. (Signed by Judge John G. Koeltl on 5/31/17) (yv)
	Request

29	Filed: 3/31/2017, Entered: 3/31/2017
	REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . . Document filed by The Patrolmen's Benevolent Association of the City of New York. (Attachments: # 1 Affidavit of Service)(Howley, John)
	Request

28	Filed: 3/17/2017, Entered: 3/20/2017
	PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT; re: 24 MOTION to Dismiss . Document filed by B09788C. (sc)
	Request

27	Filed: 3/17/2017, Entered: 3/17/2017
	AFFIDAVIT OF SERVICE of Motion to Dismiss served on B09788C on 02/17/2017. Service was made by Mail. Document filed by The Patrolmen's Benevolent Association of the City of New York. (Howley, John)
	Request

26	Filed: 3/17/2017, Entered: 3/17/2017
	MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . . Document filed by The Patrolmen's Benevolent Association of the City of New York. (Howley, John)
	Request

25	Filed: 3/17/2017, Entered: 3/17/2017
	DECLARATION of John Howley in Support re: 24 MOTION to Dismiss .. Document filed by The Patrolmen's Benevolent Association of the City of New York. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Original Complaint)(Howley, John)
	Request

24	Filed: 3/17/2017, Entered: 3/17/2017
	MOTION to Dismiss . Document filed by The Patrolmen's Benevolent Association of the City of New York. Responses due by 3/17/2017(Howley, John)
	Request

	Filed: 3/13/2017, Entered: 3/13/2017
	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John J. P. Howley to RE-FILE Document 22 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi)


	Filed: 3/13/2017, Entered: 3/13/2017
	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John J. P. Howley to RE-FILE Document 21 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)


23	Filed: 2/17/2017, Entered: 2/17/2017
	AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss and supporting Declaration, Exhibits and Memorandum of Law served on Plaintiff B09788C on 02/17/2017. Service was made by FedEx. Document filed by The Patrolmen's Benevolent Association of the City of New York. (Howley, John)
	Request

22	Filed: 2/17/2017, Entered: 2/17/2017
	FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss . . Document filed by The Patrolmen's Benevolent Association of the City of New York. (Howley, John) Modified on 3/13/2017 (ldi).
	Request

21	Filed: 2/17/2017, Entered: 2/17/2017
	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by The Patrolmen's Benevolent Association of the City of New York. Responses due by 3/17/2017 (Attachments: # 1 Affidavit of John J.P. Howley, # 2 Exhibit A - Amended Complaint, # 3 Exhibit B - Complaint)(Howley, John) Modified on 3/13/2017 (ldi).
	Request

20	Filed: 1/13/2017, Entered: 1/17/2017
	AMENDED COMPLAINT; re: amending 2 Complaint against The Patrolmen's Benevolent Association of the City of New York, Patrick J. Lynch, Joseph A. Alejandro with JURY DEMAND.Document filed by B09788C. Related document: 2 Complaint filed by B09788C.(sc)
	Request

19	Filed: 12/21/2016, Entered: 12/21/2016
	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/30/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
	Request

18	Filed: 12/21/2016, Entered: 12/21/2016
	TRANSCRIPT of Proceedings re: CONFERENCE held on 11/30/2016 before Judge John G. Koeltl. Court Reporter/Transcriber: Ellen Simone, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/21/2017.(McGuirk, Kelly)
	Request

17	Filed: 12/1/2016, Entered: 12/1/2016
	ORDER: Discovery in this matter is hereby stayed. The plaintiff may file an amended complaint by January 13, 2017. The defendant shall answer or file dispositive motions by February 17, 2017. The plaintiff shall respond by March 17, 2017. The defendant shall reply by March 31, 2017. The Patrolmen's Benevolent Association answer due 2/17/2017. (Amended Pleadings due by 1/13/2017., Motions due by 2/17/2017., Responses due by 3/17/2017, Replies due by 3/31/2017.) (Signed by Judge John G. Koeltl on 11/30/2016) (cf)
	Request

	Filed: 11/30/2016, Entered: 12/12/2016
	Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 11/30/2016. (Fletcher, Donnie)


16	Filed: 11/22/2016, Entered: 11/22/2016
	ORDER granting 15 Letter Motion for Conference. A pre-motion conference will be held on Wednesday, November 30, 2016, at 4:30pm. SO ORDERED. Pre-Motion Conference set for 11/30/2016 at 04:30 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 11/21/2016) Copies Mailed By Chambers (cf) (Main Document 16 replaced on 11/22/2016) (cf).
	Request

15	Filed: 11/18/2016, Entered: 11/18/2016
	LETTER MOTION for Conference (Pre-Motion) addressed to Judge John G. Koeltl from John Howley dated 11/18/2016. Document filed by The Patrolmen's Benevolent Association. (Attachments: # 1 Exhibit NYC Letter Requesting Pre-Motion Conference in Related Case)(Howley, John)
	Request

	Filed: 11/16/2016, Entered: 11/16/2016
	Set/Reset Deadlines: The Patrolmen's Benevolent Association answer due 12/16/2016. (cf)


14	Filed: 11/16/2016, Entered: 11/16/2016
	ORDER granting 13 Letter Motion for Extension of Time. Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 12-16-16. (Signed by Judge Victor Marrero, Part I on 11/16/2016) (cf)
	Request

13	Filed: 11/15/2016, Entered: 11/15/2016
	LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge John G. Koeltl from John Howley dated 11/15/2016. Document filed by The Patrolmen's Benevolent Association.(Howley, John)
	Request

12	Filed: 10/27/2016, Entered: 10/28/2016
	SUMMONS RETURNED EXECUTED. Summons and Complaint served. The Patrolmen's Benevolent Association served on 10/27/2016, answer due 11/17/2016. Service was accepted by unnamed person at Patrolmen's Benevolent Assoc., 125 Broad Street, New York, NY 10004. Document filed by B09788C. (sc)
	Request

	Filed: 10/14/2016, Entered: 10/14/2016
	FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 10/14/2016 via Regular Mail. The service package included: a copy of the Order of Service, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, a Motions guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a Consent to Proceed before a Magistrate Judge, and Consent to Electronic Service Forms, an Original Summons, Copies of the Summons. (nb)


	Filed: 10/14/2016, Entered: 10/14/2016
	SUMMONS ISSUED as to The Patrolmen's Benevolent Association. (nb)


11	Filed: 10/13/2016, Entered: 10/13/2016
	ORDER OF SERVICE: The Court directs the Clerk of Court to issue a summons as to Defendant Patrolmen's Benevolent Association. Plaintiff is directed to serve the summons and complaint on Defendant within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendant or requested an extension of time to do so, the Court may dismiss the claims against Defendant under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. SO ORDERED. (Signed by Judge John G. Koeltl on 10/13/2016) (kko)
	Request

	Filed: 10/6/2016, Entered: 10/6/2016
	Magistrate Judge Gabriel W. Gorenstein is so designated. (wb)


	Filed: 10/6/2016, Entered: 10/6/2016
	NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Colleen McMahon is no longer assigned to the case. (wb)


	Filed: 10/6/2016, Entered: 10/6/2016
	CASE ACCEPTED AS RELATED. Create association to 1:16-cv-05317-JGK. Notice of Assignment to follow. (wb)


9	Filed: 9/29/2016, Entered: 9/30/2016
	LETTER addressed to Judge Colleen McMahon from B09788C dated 9/28/16 re: REGARDING THE SUMMONS AND COMPLAINTS ORIGINALLY RECEIVED 6/29/16 AND FILED 7/1/16 AT THE PRO SE OFFICE, B09788C V. THE CITY OF NEW YORK AND B09788C V. THE PATROLMEN'S BENEVOLENT ASSOCIATION 16CV5316. Document filed by B09788C.(sc)
	Request

	Filed: 9/6/2016, Entered: 9/6/2016
	Mailed a copy of 8 Order Reopening Case, to B09788C 176 Linden Avenue Middletown, NY 10940. (ca)


	Filed: 8/30/2016, Entered: 9/6/2016
	Transmission to Docket Assistant Clerk. Transmitted re: 8 Order Reopening Case to the Docket Assistant Clerk for case processing. (rjm)


8	Filed: 8/30/2016, Entered: 9/6/2016
	ORDER. Plaintiff filed this complaint pro se. On August 17, 2016, the Court dismissed this action because Plaintiff had failed to pay the filing fee as directed by the Court's order dated July 13, 2016. The Court, however, has received a letter from Plaintiff demonstrating that he paid the filing fee on August 3, 2016. The Court construes Plaintiff's letter as a motion for reconsideration of the order and judgment dismissing this case. Plaintiffs motion is GRANTED. The Court's order and judgment dated August 17, 2016 are vacated. The Clerk of Court is directed to reopen this case, mail a copy of this order to Plaintiff, and note service on the docket. The Court certifies under 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). SO ORDERED. (Signed by Judge Colleen McMahon on 8/30/2016) (rjm).
	Request

7	Filed: 8/30/2016, Entered: 8/30/2016
	LETTER addressed to Judge Colleen McMahon from B09788C, dated 8/29/16 re: Plaintiff informs the Court that he did, in fact, pay both the civil filing fees for the aforementioned case; and he has attached copies of the orders denying IFP applications as well as both of the receipts for payment from the District Court Clerk's Office(as indicated). Document filed by B09788C.(sc)
	Request

	Filed: 8/22/2016, Entered: 8/22/2016
	Mailed notice of Right to Appeal re: 6 Judgment - Sua Sponte (Complaint), 5 Order of Dismissal, to Pro Se Litigant(s): B09788C. (vj)


	Filed: 8/17/2016, Entered: 8/22/2016
	Transmission to Docket Assistant Clerk. Transmitted re: 6 Judgment - Sua Sponte (Complaint),, 5 Order of Dismissal,,,,, to the Docket Assistant Clerk for case processing. (mro)


6	Filed: 8/17/2016, Entered: 8/22/2016
	Vacated as per Judge's Order dated 8/30/2016, Doc. #8 CIVIL JUDGMENT: Pursuant to the order issued August 17, 2016, dismissing the complaint, IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 8/17/2016) (mro) Modified on 9/6/2016 (rjm).
	Request

	Filed: 8/17/2016, Entered: 8/22/2016
	NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro)


5	Filed: 8/17/2016, Entered: 8/22/2016
	Vacated as per Judge's Order dated 8/30/2016, Doc. #8 ORDER OF DISMISSAL: By order dated July 11, 2016, the Court denied Plaintiff leave to proceed in forma pauperis ("IFP") and directed him, within thirty days, to pay the $400.00 in fees-a $350.00 filing fee and a $50.00 administrative feerequired to file a civil action in this Court. Plaintiff has not paid the fee. Accordingly, the Court grants Plaintiff IFP status for the limited purpose of dismissing the complaint without prejudice. The complaint is dismissed under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 8/17/2016) (mro) Modified on 8/22/2016 (mro). Modified on 9/6/2016 (rjm).
	Request

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	Filed: 8/3/2016, Entered: 8/31/2016
	Pro Se Payment of Fee Processed: $400.00 Credit Card processed by the Finance Department on 8/3/2016, Receipt Number 465401158983. (aa)


	Filed: 7/13/2016, Entered: 7/13/2016
	Mailed a copy of 4 Order Denying IFP Application, to B09788C 176 Linden Avenue Middletown, NY 10940. (ca)


4	Filed: 7/13/2016, Entered: 7/13/2016
	ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is denied as Plaintiff has sufficient assets to pay the fee. See 28 U.S.C. § 1915(a)(1). Plaintiff is directed to pay the $350.00 filing fee within 30 days of the date of this Order. Filing Fee due by 8/12/2016. (Signed by Judge Colleen McMahon on 07/11/2016) The Clerks Office Has Mailed Copies. (ca)
	Request

3	Filed: 7/1/2016, Entered: 7/6/2016
	LETTER from B09788C dated 07/01/2016 re: Both cases stem from the same employment discrimination claim and both defendants or co-defendants of each other. Document filed by B09788C.(sjo)
	Request

	Filed: 7/1/2016, Entered: 7/6/2016
	Case Designated ECF. (sjo)


2	Filed: 7/1/2016, Entered: 7/6/2016
	COMPLAINT against The Patrolmen's Benevolent Association. Document filed by B09788C. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(sjo)
	Request

1	Filed: 7/1/2016, Entered: 7/6/2016
	REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by B09788C.(sjo)
	Request

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