DelaCruz v. City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:15-cv-03030

Tags No tags have been applied so far. Sign in to add some.
Last Updated July 21, 2017 at 2:26 AM DT (3.8 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo JOSE DE LA CRUZ, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Anthony Huerta +1 646 801 5299 +1 888 874 2544 huerta.michael@gmail.com
v.
City of New York City of New York, Defendant

Toggle Switch Represented by NYC Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
No Logo Dora B. Schriro, Defendant
No Logo Governor Cuomo, Defendant
No Logo Joeseph Ponte, Defendant
No Logo John Does one through ten, Defendant
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Mayor Bloomberg"
De Blasio, Bill De Blasio, Bill, Defendant
Officially listed as "Mayor De Blasio"
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 44 Filed: 10/17/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 42 Letter Motion for Extension of Time to Complete Discovery. All discovery shall be completed by December 2, 2016. The deadline for submitting the pretrial order or any dispositive motion is extended to December 30, 2016. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 10/17/2016)
    Request RequestSpace LREF
    Legal Document (Payment Possibly Required) 43 Filed: 10/17/2016, Entered: None Unknown Document TypeCourt Filing
    ORDER granting 41 Letter Motion for Leave to File Document. Plaintiff's letter motion to amend the complaint is granted as unopposed. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 10/17/2016)
      Request RequestSpace LREF
      Legal Document (Payment Possibly Required) 42 Filed: 10/14/2016, Entered: None Unknown Document TypeCourt Filing
      LETTER MOTION for Extension of Time to Complete Discovery and to inform the court that the City does not oppose Plaintiff's October 6, 2016 motion seeking leave to amend his Second Amended Complaint addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated October 14, 2016. Document filed by City of New York.(Kruk, Carolyn) (Entered: 10/14/2016)
        Request RequestSpace LREF
        Legal Document (Payment Possibly Required) 41 Filed: 10/6/2016, Entered: None Unknown Document TypeCourt Filing
        LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge James C. Francis IV from Michael A. Huerta dated October 6, 2016. Document filed by Jose DelaCruz.(Huerta, Michael) (Entered: 10/06/2016)
          Request RequestSpace LREF
          Legal Document (Payment Possibly Required) 40 Filed: 9/28/2016, Entered: None Unknown Document TypeCourt Filing
          ORDER granting 39 Letter Motion for Extension of Time to Complete Discovery. All discovery shall be completed by October 21, 2016; the deadline for submitting the pretrial order or any dispositive motion is extended to November 18, 2016. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 09/28/2016)
            Request RequestSpace LREF
            Legal Document (Payment Possibly Required) 39 Filed: 9/27/2016, Entered: None Unknown Document TypeCourt Filing
            FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated September 27, 2016. Document filed by City of New York.(Kruk, Carolyn) (Entered: 09/27/2016)
              Request RequestSpace LREF
              Legal Document (Payment Possibly Required) 38 Filed: 9/26/2016, Entered: None Unknown Document TypeCourt Filing
              MEMORANDUM AND ORDER: For the reasons discussed above, Mr. Delacruz's motion to amend is denied without prejudice and with leave to make a renewed motion consistent with this opinion. He shall file any such motion within fourteen (14) days of this order. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 9/22/2016) Copies Sent By Chambers. (cf) (Entered: 09/26/2016)
                Request RequestSpace LREF
                Blank 37 Filed: 9/22/2016, Entered: None Unknown Document TypeCourt Filing
                MEMORANDUM AND ORDER denying without prejudice 31 Letter Motion for Leave to File Document. For the reasons discussed above, Mr. Delacruz's motion to amend is denied without prejudice and with leave to make a renewed motion consistent with this opinion. He shall file any such motion within fourteen (14) days of this order. (As further set forth in this Order) (Signed by Magistrate Judge James C. Francis on 9/22/2016) Copies Sent By Chambers. (lmb) Modified on 10/18/2016 (lmb). Modified on 10/18/2016 (lmb). (Entered: 09/22/2016)
                  LREF
                  Legal Document (Payment Possibly Required) 36 Filed: 9/6/2016, Entered: None Unknown Document TypeCourt Filing
                  ORDER: IT IS HEREBY ORDERED: that the United States Court Officer or other official in charge of Security at the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York, allow for a court reporter from Diamond Reporting to enter into the United States District Court for the Southern District of New York with a laptop computer and/or other stenographic machine, for the purpose of transcribing the deposition of Plaintiff via video conference link with Watertown Correctional Facility and the United States District Court for the Southern District of New York on Tuesday, September 27, 2016, commencing at 10:00 A.M., until completion. A copy of this order shall be forwarded to the District Executive's Office. (Signed by Magistrate Judge James C. Francis on 9/6/2016) (cf) (Entered: 09/06/2016)
                    Request RequestSpace LREF
                    Legal Document (Payment Possibly Required) 35 Filed: 9/6/2016, Entered: None Unknown Document TypeCourt Filing
                    ORDER TO APPEAR: IT IS HEREBY ORDERED that inmate JOSE DELACRUZ, DIN Number 15R1801, appear for a videoconference in such place as designated by the Superintendent or other official in charge of Watertown Correctional Facility, commencing at 10:00 a.m. until completion on September 27, 2016, and any such other dates as may be necessary, so that his deposition may be taken by videoconference. (As further set forth in this Order.) (In Camera Hearing set for 9/27/2016 at 10:00 AM before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 9/6/2016) (cf) Modified on 9/6/2016 (cf). (Entered: 09/06/2016)
                      Request RequestSpace LREF
                      Legal Document (Payment Possibly Required) 34 Filed: 9/2/2016, Entered: None Unknown Document TypeCourt Filing
                      LETTER addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated September 2, 2016 re: Proposed orders to produce for videoconference deposition, and allowing the court reporter to bring equipment into the Court. Document filed by City of New York. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Kruk, Carolyn) (Entered: 09/02/2016)
                        Request RequestSpace LREF
                        Legal Document (Payment Possibly Required) 33 Filed: 8/1/2016, Entered: None Unknown Document TypeCourt Filing
                        LETTER REPLY to Response to Motion addressed to Magistrate Judge James C. Francis IV from Michael A. Huerta, Esq. dated August 1, 2016 re: 31 LETTER MOTION for Leave to File Third Amended Complaint addressed to Magistrate Judge James C. Francis IV from Michael A. Huerta, Esq. dated July 18, 2016. . Document filed by Jose DelaCruz. (Huerta, Michael) (Entered: 08/01/2016)
                          Request RequestSpace LREF
                          Legal Document (Payment Possibly Required) 32 Filed: 7/25/2016, Entered: None Unknown Document TypeCourt Filing
                          LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated July 25, 2016 re: 31 LETTER MOTION for Leave to File Third Amended Complaint addressed to Magistrate Judge James C. Francis IV from Michael A. Huerta, Esq. dated July 18, 2016. . Document filed by City of New York. (Kruk, Carolyn) (Entered: 07/25/2016)
                            Request RequestSpace LREF
                            Legal Document (Payment Possibly Required) 31 Filed: 7/19/2016, Entered: None Unknown Document TypeCourt Filing
                            LETTER MOTION for Leave to File Third Amended Complaint addressed to Magistrate Judge James C. Francis IV from Michael A. Huerta, Esq. dated July 18, 2016. Document filed by Jose DelaCruz.(Huerta, Michael) (Entered: 07/19/2016)
                              Request RequestSpace LREF
                              Legal Document (Payment Possibly Required) 30 Filed: 6/30/2016, Entered: None Unknown Document TypeCourt Filing
                              ORDER: All discovery shall be completed by September 30, 2016. The pretrial order shall be submitted by October 31, 2016, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. If all parties consent to proceed before a United States Magistrate Judge pursuant to 2 8 U.S. C. § 636 (c), the enclosed consent form should be executed and returned. (As further set forth in this Order.) (Discovery due by 9/30/2016., Motions due by 10/31/2016., Pretrial Order due by 10/31/2016.) (Signed by Magistrate Judge James C. Francis on 6/30/2016) Copies Mailed By Chambers. (cf) (Entered: 06/30/2016)
                                Request RequestSpace LREF
                                Legal Document (Payment Possibly Required) 29 Filed: 6/16/2016, Entered: None Unknown Document TypeCourt Filing
                                ORDER: I am advised that no settlement has been reached. Counsel shall therefore appear for a pretrial conference on June 30, 2016, at 9:00 a.m. in courtroom 18-D at 500 Pearl Street, New York, NY. (Pretrial Conference set for 6/30/2016 at 09:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 6/16/2016) Copies Mailed By Chambers. (tn) (Entered: 06/16/2016)
                                  Request RequestSpace LREF
                                  Legal Document (Payment Possibly Required) 28 Filed: 3/22/2016, Entered: None Unknown Document TypeCourt Filing
                                  ORDER: This case having been referred lo me for general pretrial supervision and dispositive motions, and plaintiff's counsel having failed to appear today for a scheduled pretrial conference, it is hereby ORDERED that a pretrial conference will be held at 9:30 a.m. on April 8, 2016, in Courtroom 18D at the United States Courthouse, 500 Pearl Street, New York, New York, to discuss scheduling and other preliminary matters. Counsel for the parties shall appear in person. Failure to appear may result in sanctions, including dismissal. (Pretrial Conference set for 4/8/2016 at 09:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 3/22/2016) Copies Mailed By Chambers. (cf) (Entered: 03/22/2016)
                                    Request RequestSpace LREF
                                    Legal Document (Payment Possibly Required) 27 Filed: 2/11/2016, Entered: None
                                    CERTIFICATE OF SERVICE of Answer to Second Amended Complaint served on Plaintiff on February 11, 2016. Service was made by mail. Document filed by City of New York. (Kruk, Carolyn) (Entered: 02/11/2016)
                                      Request RequestSpace LREF
                                      Legal Document (Payment Possibly Required) 26 Filed: 2/11/2016, Entered: None
                                      ANSWER to 25 Amended Complaint,. Document filed by City of New York.(Kruk, Carolyn) (Entered: 02/11/2016)
                                        Request RequestSpace LREF
                                        Legal Document (Payment Possibly Required) 25 Filed: 1/27/2016, Entered: None
                                        SECOND AMENDED COMPLAINT amending 2 Complaint, 7 Amended Complaint against City of New York, John Doe.Document filed by Jose DelaCruz. Related document: 2 Complaint filed by Jose DelaCruz, 7 Amended Complaint filed by Jose DelaCruz.(Huerta, Michael) (Entered: 01/27/2016)
                                          Request RequestSpace LREF
                                          Legal Document (Payment Possibly Required) 24 Filed: 1/20/2016, Entered: None Court Filing
                                          ORDER granting 21 Motion for Leave to File Amended Complaint; withdrawing 14 Motion to Dismiss Amended Complaint. On September 4, 2015, defendant City of New York filed a motion to dismiss the plaintiff's first amended complaint. On December 2, 2015, the plaintiff filed a motion for leave to file a second amended complaint. On January 20, 2016, the City of New York filed a letter indicating that it does not oppose the plaintiff's request to amend, and withdraws its motion to dismiss the first amended complaint. Therefore, the motion to dismiss the first amended complaint (docket no. 14) is withdrawn and the motion for leave to file a second amended complaint (docket no. 21) is granted. Within seven days of the date of this order, the plaintiff shall file his proposed second amended complaint. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/20/2016) Copies Sent By Chambers. (adc) (Entered: 01/20/2016)
                                            Request RequestSpace LREF
                                            Legal Document (Payment Possibly Required) 23 Filed: 1/20/2016, Entered: None Court Filing
                                            LETTER addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated January 20, 2016 re: Plaintiff's motion to amend, and withdrawal of the City's motion to dismiss. Document filed by City of New York.(Kruk, Carolyn) (Entered: 01/20/2016)
                                              Request RequestSpace LREF
                                              Legal Document (Payment Possibly Required) 22 Filed: 12/2/2015, Entered: None
                                              MEMORANDUM OF LAW in Support re: 21 MOTION for Leave to File Complaint . . Document filed by Jose DelaCruz. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Huerta, Michael) (Entered: 12/02/2015)
                                                Request RequestSpace LREF
                                                Legal Document (Payment Possibly Required) 21 Filed: 12/2/2015, Entered: None
                                                MOTION for Leave to File Complaint . Document filed by Jose DelaCruz.(Huerta, Michael) (Entered: 12/02/2015)
                                                  Request RequestSpace LREF
                                                  Legal Document (Payment Possibly Required) 20 Filed: 11/24/2015, Entered: None
                                                  RESPONSE in Opposition to Motion re: 14 MOTION to Dismiss the Amended Complaint. . Document filed by Jose DelaCruz. (Attachments: # 1 Plaintiff's Notice of Motion for Leave to File Amended Complaint, # 2 MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, # 3 Exhibit A - Amended Complaint)(Huerta, Michael) (Entered: 11/24/2015)
                                                    Request RequestSpace LREF
                                                    Legal Document (Payment Possibly Required) 19 Filed: 11/24/2015, Entered: None
                                                    FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Amended Complaint . Document filed by Jose DelaCruz. (Attachments: # 1 MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, # 2 Exhibit A - Amended Complaint)(Huerta, Michael) Modified on 11/30/2015 (db). (Entered: 11/24/2015)
                                                      Request RequestSpace LREF
                                                      Legal Document (Payment Possibly Required) 18 Filed: 10/6/2015, Entered: None Court Filing
                                                      ORDER granting 17 Letter Motion for Extension of Time. Plaintiff shall answer defendants' motion to dismiss by November 24, 2015; defendants shall respond by December 8, 2015. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 10/06/2015)
                                                        Request RequestSpace LREF
                                                        Legal Document (Payment Possibly Required) 17 Filed: 10/5/2015, Entered: None Court Filing
                                                        LETTER MOTION for Extension of Time on Consent addressed to Magistrate Judge James C. Francis IV from Michael A. Huerta, Esq. dated October 5, 2015. Document filed by Jose DelaCruz.(Huerta, Michael) (Entered: 10/05/2015)
                                                          Request RequestSpace LREF
                                                          Legal Document (Payment Possibly Required) 16 Filed: 9/4/2015, Entered: None
                                                          CERTIFICATE OF SERVICE of Notice of Motion to Dismiss the Amended Complaint, and Memorandum in Support of the Motion to Dismiss on September 4, 2015. Service was made by mail. Document filed by City of New York. (Kruk, Carolyn) (Entered: 09/04/2015)
                                                            Request RequestSpace LREF
                                                            Legal Document (Payment Possibly Required) 15 Filed: 9/4/2015, Entered: None
                                                            MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss the Amended Complaint. . Document filed by City of New York. (Kruk, Carolyn) (Entered: 09/04/2015)
                                                              Request RequestSpace LREF
                                                              Legal Document (Payment Possibly Required) 14 Filed: 9/4/2015, Entered: None
                                                              MOTION to Dismiss the Amended Complaint. Document filed by City of New York.(Kruk, Carolyn) (Entered: 09/04/2015)
                                                                Request RequestSpace LREF
                                                                Legal Document (Payment Possibly Required) 13 Filed: 8/21/2015, Entered: None Court Filing
                                                                ORDER granting 12 Letter Motion for Extension of Time to Answer. Defendants' time to answer or move with respect to the amended complaint is extended to September 4, 2015. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 08/21/2015)
                                                                  Request RequestSpace LREF
                                                                  Legal Document (Payment Possibly Required) 12 Filed: 8/20/2015, Entered: None Court Filing
                                                                  LETTER MOTION for Extension of Time to File Answer to First Amended Complaint addressed to Magistrate Judge James C. Francis IV from Carolyn Kruk dated August 20, 2015. Document filed by City of New York.(Kruk, Carolyn) (Entered: 08/20/2015)
                                                                    Request RequestSpace LREF
                                                                    Legal Document (Payment Possibly Required) 11 Filed: 8/6/2015, Entered: None
                                                                    NOTICE OF APPEARANCE by Carolyn Elizabeth Kruk on behalf of City of New York. (Kruk, Carolyn) (Entered: 08/06/2015)
                                                                      Request RequestSpace LREF
                                                                      Legal Document (Payment Possibly Required) 10 Filed: 7/31/2015, Entered: None
                                                                      ELECTRONIC SUMMONS ISSUED as to City of New York. (dgo) (Entered: 07/31/2015)
                                                                        Request RequestSpace LREF
                                                                        Legal Document (Payment Possibly Required) 9 Filed: 7/31/2015, Entered: None
                                                                        REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re: 2 Complaint, 7 Amended Complaint. Document filed by Jose DelaCruz. (Huerta, Michael) (Entered: 07/31/2015)
                                                                          Request RequestSpace LREF
                                                                          Legal Document (Payment Possibly Required) 8 Filed: 7/9/2015, Entered: None Court Filing
                                                                          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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James C. Francis. (Signed by Judge Paul A. Engelmayer on 7/8/2015) (mro) (Entered: 07/09/2015)
                                                                            Request RequestSpace LREF
                                                                            Legal Document (Payment Possibly Required) 7 Filed: 7/6/2015, Entered: None
                                                                            FIRST AMENDED COMPLAINT amending 2 Complaint against City of New York, John Doe.Document filed by Jose DelaCruz. Related document: 2 Complaint filed by Jose DelaCruz.(Huerta, Michael) (Entered: 07/06/2015)
                                                                              Request RequestSpace LREF
                                                                              Legal Document (Payment Possibly Required) 6 Filed: 7/5/2015, Entered: None
                                                                              NOTICE OF APPEARANCE by Michael Anthony Huerta on behalf of Jose DelaCruz. (Huerta, Michael) (Entered: 07/05/2015)
                                                                                Request RequestSpace LREF
                                                                                Legal Document (Payment Possibly Required) 5 Filed: 5/19/2015, Entered: None Court Filing
                                                                                OPINION & ORDER #105528: Based on the foregoing, the Complaint is dismissed for failure to state a claim. The Court grants DelaCruz leave to replead should he be able to plausibly allege facts that do state a claim. The Clerk of Court is directed to close this case. The dismissal is without prejudice provided that DelaCruz files an Amended Complaint within 45 days. If no amended complaint is filed within 45 days, the dismissal will then be with prejudice. 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, 44445 (1962). (Signed by Judge Paul A. Engelmayer on 5/19/2015) (kl) Modified on 5/20/2015 (ca). (Entered: 05/19/2015)
                                                                                  Request RequestSpace LREF
                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 5/15/2015, Entered: None Court Filing
                                                                                  ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments.... Accordingly, the Clerk of the Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of the Plaintiff.... The Clerk of the Court is also directed to send a copy of this order to Plaintiff and note service on the docket.... (Signed by Judge Loretta A. Preska on 5/15/2015) (sbr) (Entered: 05/15/2015)
                                                                                    Request RequestSpace LREF
                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 4/9/2015, Entered: None
                                                                                    PRISONER AUTHORIZATION. Document filed by Jose DelaCruz.(sac) (Entered: 04/20/2015)
                                                                                      Request RequestSpace LREF
                                                                                      Blank 2 Filed: 4/9/2015, Entered: None
                                                                                      COMPLAINT against Bloomberg, City of New York, Cuomo, De Blasio, John Doe, Joeseph Ponte, Dora B. Schriro. Document filed by Jose DelaCruz.(sac) (Entered: 04/20/2015)
                                                                                        LREF
                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 4/9/2015, Entered: None
                                                                                        REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jose DelaCruz.(sac) (Entered: 04/20/2015)
                                                                                          Request RequestSpace LREF

                                                                                          Statistics

                                                                                          This case has been viewed 16 times.

                                                                                          No comments have been added yet. Sign in to post a comment.
                                                                                          Space
                                                                                          Issues Laws Cases Pro Articles Firms Entities
                                                                                          Issues Laws Cases Pro Articles Firms Entities
                                                                                           
                                                                                          PlainSite
                                                                                          Sign Up
                                                                                          Need Password Help?