Hays v. City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:14-cv-10126
District Judge Jesse M. Furman, presiding

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Last Updated April 20, 2017 at 12:56 AM DT (4.1 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Nadine Hays, Plaintiff

Toggle Switch Represented by Office of the West Virginia Attorney General

Name Phone Fax E-Mail
Space Nadine Hays +1 805 484 4452 NADINEHAYS@AOL.COM
v.
City of New York City of New York, Defendant

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
NYC Joy Tolulope Anakhu +1 212 356 2323 janakhu@law.nyc.gov
No Logo Detective Rick Lee, Defendant

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
Space Joy Tolulope Anakhu +1 212 356 2323 janakhu@law.nyc.gov
No Logo Does 1-10, Defendant
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Mayor of New York Michael R. Bloomberg"
New York City Police Department New York City Police Department, Defendant
Officially listed as "New York Police Department"
No Logo Officer Dennis Byrnes, Defendant

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
Space Joy Tolulope Anakhu +1 212 356 2323 janakhu@law.nyc.gov
No Logo Officer Kino Cox, Defendant

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
Space Joy Tolulope Anakhu +1 212 356 2323 janakhu@law.nyc.gov
No Logo Raymond W Kelly, Defendant
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 60 Filed: 3/1/2017, Entered: None Unknown Document Type
NOTICE OF APPEAL from 58 Memorandum & Opinion,,,,,,,,,, 59 Clerk's Judgment,,,,,,,,,,. Document filed by Nadine Hays. Filing fee $ 505.00. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hays, Nadine) (Entered: 03/01/2017)
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    Legal Document (Payment Possibly Required) 59 Filed: 2/28/2017, Entered: None Unknown Document Type
    CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 28, 2017, if the sheer quantity of a Plaintiffs claims could be sufficient to survive a motion to dismiss, Hays's Complaint would surely live to see another day. But even construing her pleadings liberally, her twenty some-odd claims fall well short of meeting the plausibility standard. Accordingly, and for the reasons stated in the order, Defendants' motion to dismiss is granted, and the Complaint is dismissed in its entirety. The only remaining question is whether Hays should be granted leave to amend her Complaint. Although leave to amend a complaint should be freely given "when justice so requires," Fed.R.Civ.P. l5(a)(2), and courts should generally grant pro se Plaintiffs leave to amend "at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d Cir. 1999) (per curiam) (internal quotation marks omitted), it is "within the sound discretion of the district court to grant or deny leave to amend," McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007). Exercising that discretion here, the Court declines to grant Hays leave to amend the Complaint sua sponte. First, a district court may deny leave to amend when, as here, amendment would be futile because the problems with a plaintiffs claims are "substantive" and "better pleading will not cure" them.Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Second, Hays was already granted leave to amend her complaint to cure deficiencies raised in Defendants' first motion to dismiss and was explicitly cautioned that she "w[ould] not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss." (Docket No. 28). Finally, she "has not requested permission to file a Second Amended Complaint, nor has [s]he given any indication that [s]he is in possession of facts that would cure the problems" identified in the instant motion to dismiss. Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at * 15 (S.D.N.Y. Aug. 15, 2014). This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from the Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 02/28/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal) The Clerks Office Has Mailed Copies. (km) (Entered: 02/28/2017)
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      Legal Document (Payment Possibly Required) 58 Filed: 2/28/2017, Entered: None Unknown Document TypeCourt Filing
      OPINION AND ORDER re: 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). filed by Rick Lee, Dennis Byrnes, Kino Cox, City of New York. If the sheer quantity of a plaintiff's claims could be sufficient to survive a motion to dismiss, Hays's Complaint would surely live to see another day. But even construing her pleadings liberally, her twenty some-odd claims fall well short of meeting the plausibility standard. Accordingly, and for the reasons stated above, Defendants' motion to dismiss is GRANTED, and the Complaint is DISMISSED in its entirety. The only remaining question is whether Hays should be granted leave to amend her Complaint. Although leave to amend a complaint should be freely given "when justice so requires," Fed.R.Civ.P. 15(a)(2), and courts should generally grant pro se plaintiffs leave to amend "at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," Gomez v. USAA Fed. Sav. Bank, 171 F.3d 794, 795 (2d Cir. 1999) (per curiam) (internal quotation marks omitted), it is "within the sound discretion of the district court to grant or deny leave to amend," McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007). Exercising that discretion here, the Court declines to grant Hays leave to amend the Complaint sua sponte. First, a district court may deny leave to amend when, as here, amendment would be futile because the problems with a plaintiff's claims are "substantive" and "better pleading will not cure" them. Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). Second, Hays was already granted leave to amend her complaint to cure deficiencies raised in Defendants' first motion to dismiss and was explicitly cautioned that she "w[ould] not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss." (Docket No. 28). Finally, she "has not requested permission to file a Second Amended Complaint, nor has [s]he given any indication that [s]he is in possession of facts that would cure the problems" identified in the instant motion to dismiss. Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at *15 (S.D.N.Y. Aug. 15, 2014). This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Memorandum Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate Docket No. 43 and to close the case. (Signed by Judge Jesse M. Furman on 2/28/2017) (kgo) (Entered: 02/28/2017)
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        Legal Document (Payment Possibly Required) 57 Filed: 2/6/2017, Entered: None Unknown Document Type
        SUPPLEMENTAL BRIEF re: 53 Order,,,, 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). . Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 02/06/2017)
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          Legal Document (Payment Possibly Required) 56 Filed: 2/3/2017, Entered: None Unknown Document Type
          BRIEF re: 53 Order,,,, PLAINTIFF'S SUPPLEMENTAL BRIEF REGARDING SEIZURE OF HER PROPERTY AND IF THE PROPERTY WAS CONTRABAND, EVIDENCE, OR AN INSTRUMENTALITY OF A CRIME. Document filed by Nadine Hays. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 POS)(Hays, Nadine) (Entered: 02/03/2017)
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            Legal Document (Payment Possibly Required) 55 Filed: 1/23/2017, Entered: None Unknown Document TypeCourt Filing
            ORDER granting 54 Letter Motion for Extension of Time. Each side is granted until Monday, February 5, 2017, to file its supplemental brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 01/23/2017)
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              Legal Document (Payment Possibly Required) 54 Filed: 1/23/2017, Entered: None Unknown Document TypeCourt Filing
              FIRST LETTER MOTION for Extension of Time to File Supplemental Briefing on Motion to Dismiss Per ECF No. 53 addressed to Judge Jesse M. Furman from JoyT. Anakhu dated January 23, 2017. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 01/23/2017)
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                Legal Document (Payment Possibly Required) 53 Filed: 1/19/2017, Entered: None Unknown Document TypeCourt Filing
                ORDER: Count Two of Pro Se Plaintiff Nadine Hays' Amended Complaint (Docket No. 34) alleges that Defendants violated her Fourth Amendment right to be free from unreasonable seizures of her person or property. No later than January 30, 2017, the parties shall submit supplemental briefs, not to exceed five pages each, addressing two questions: 1) whether the NYPD's refusal to return Plaintiff's property after she was released from custody, on the basis that the items were labeled "Arrest Evidence" during inventory, constitutes a seizure for the purposes of the Fourth Amendment. See United States v. Jacobsen, 466 U.S. 109, 113 (1984) ("A seizure of property occurs when there is some meaningful interference with an individual's possessory interests in that property"). 2) assuming that the refusal to return Plaintiff's property was a seizure, whether there was probable cause to believe that the items seized were contraband, evidence, or instrumentalities of a crime. (Signed by Judge Jesse M. Furman on 1/18/2017) (kgo) (Entered: 01/19/2017)
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                  Blank 52 Filed: 9/9/2016, Entered: None Unknown Document Type
                  REPLY MEMORANDUM OF LAW in Support re: 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). . Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Anakhu, Joy) (Entered: 09/09/2016)
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                    Legal Document (Payment Possibly Required) 51 Filed: 8/29/2016, Entered: None Unknown Document TypeCourt Filing
                    ORDER granting 49 Letter Motion for Extension of Time and for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/29/2016)
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                      Legal Document (Payment Possibly Required) 50 Filed: 8/29/2016, Entered: None Unknown Document TypeCourt Filing
                      CONSENT LETTER addressed to Judge Jesse M. Furman from Joy T. Anakhu dated August 29, 2016 re: Defendants' Motion for Additional Time and Pages ECF No. 49. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 08/29/2016)
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                        Legal Document (Payment Possibly Required) 49 Filed: 8/26/2016, Entered: None Unknown Document TypeCourt Filing
                        LETTER MOTION for Extension of Time to File Repy in Support of Defendants' 12(b)(6) Motion addressed to Judge Jesse M. Furman from Joy T. Anakhu dated August 26, 2016., LETTER MOTION for Leave to File Excess Pages in Repy Brief for 12(b)(6) Motion addressed to Judge Jesse M. Furman from Joy T. Anakhu dated August 26, 2016. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 08/26/2016)
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                          Legal Document (Payment Possibly Required) 48 Filed: 8/23/2016, Entered: None Unknown Document Type
                          RESPONSE in Opposition to Motion re: 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). . Document filed by Nadine Hays. (Attachments: # 1 Opposition pp 10-23, # 2 Opposition pp 24-37, # 3 Oppositon pp 38-49; Exh 1, # 4 Exh 2, # 5 Exh 3 pp 1-11, # 6 Exh 3 pp 12-23; Exh 4, # 7 Exh 5; Exh 6; Exh 7 pp 1-7, # 8 Exh 7 pp 8-16; Exh 8, # 9 Exh 9; POS)(Hays, Nadine) (Entered: 08/23/2016)
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                            Legal Document (Payment Possibly Required) 47 Filed: 7/25/2016, Entered: None Court Filing
                            ORDER denying as moot 24 Motion to Dismiss. In light of Defendants' new motion to dismiss (Docket No. 43 ), the earlier motion to dismiss is denied as moot. Plaintiff's opposition to the new motion to dismiss is due August 22, 2016; Defendants' reply, if any, is due September 6, 2016. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/25/2016)
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                              Legal Document (Payment Possibly Required) 46 Filed: 7/22/2016, Entered: None
                              NOTICE of Loc. Civ. R. 12.1 to Pro Se Litigant re: 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b).. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Anakhu, Joy) (Entered: 07/22/2016)
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                                Legal Document (Payment Possibly Required) 45 Filed: 7/22/2016, Entered: None
                                MEMORANDUM OF LAW in Support re: 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). . Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Anakhu, Joy) (Entered: 07/22/2016)
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                                  Legal Document (Payment Possibly Required) 44 Filed: 7/22/2016, Entered: None
                                  DECLARATION of Joy T. Anakhu in Support re: 43 SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b).. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit B3, # 5 Exhibit B4, # 6 Exhibit B5, # 7 Exhibit C, # 8 Exhibit D)(Anakhu, Joy) (Entered: 07/22/2016)
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                                    Legal Document (Payment Possibly Required) 43 Filed: 7/22/2016, Entered: None
                                    SECOND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 07/22/2016)
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                                      Legal Document (Payment Possibly Required) 42 Filed: 7/20/2016, Entered: None Court Filing
                                      ORDER granting 41 Letter Motion for Leave to File Excess Pages. Plaintiff is granted seven additional pages for her opposition to the anticipated motion as well. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Furman, Jesse) (Entered: 07/20/2016)
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                                        Legal Document (Payment Possibly Required) 41 Filed: 7/20/2016, Entered: None Court Filing
                                        CONSENT LETTER MOTION for Leave to File Excess Pages in Defendants' Fed R. Civ. P. 12 Motion to Dismiss Briefing Papers addressed to Judge Jesse M. Furman from Joy T. Anakhu dated July 20, 2016. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 07/20/2016)
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                                          Legal Document (Payment Possibly Required) 40 Filed: 6/10/2016, Entered: None Court Filing
                                          ORDER granting 39 Letter Motion for Extension of Time. Defendants' deadline to answer or otherwise respond to the Amended Complaint is extended to July 22, 2016. No further extensions will be granted. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 06/10/2016)
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                                            Legal Document (Payment Possibly Required) 39 Filed: 6/9/2016, Entered: None Court Filing
                                            LETTER MOTION for Extension of Time to File a Response to Plaintiff's Amended Complaint addressed to Judge Jesse M. Furman from Joy T. Anakhu dated June 9, 2016. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Attachments: # 1 Exhibit A)(Anakhu, Joy) (Entered: 06/09/2016)
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                                              Legal Document (Payment Possibly Required) 38 Filed: 6/1/2016, Entered: None Court Filing
                                              ORDER: In light of her pro se status, Plaintiff is granted, nunc pro tunc, a one-day extension of the deadline to file her first amended complaint, making the complaint she filed on May 27, 2016, timely. (Docket No. 35). Plaintiff is cautioned that she must comply with all deadlines and that requests for extensions of a deadline must be made before the relevant deadline. In accordance with the Court's Order of March 16, 2016 (Docket No. 28), Defendants shall answer or otherwise respond to the first amended complaint by June 17, 2016. (As further set forth in this Order.) Michael R. Bloomberg answer due 6/17/2016; Dennis Byrnes answer due 6/17/2016; City of New York answer due 6/17/2016; Kino Cox answer due 6/17/2016; Raymond W. Kelly answer due 6/17/2016; Rick Lee answer due 6/17/2016. (Signed by Judge Jesse M. Furman on 6/1/2016) (kko) Modified on 6/1/2016 (kko). (Entered: 06/01/2016)
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                                                Legal Document (Payment Possibly Required) 37 Filed: 6/1/2016, Entered: None Court Filing
                                                COUNTER LETTER addressed to Judge Jesse M. Furman from Joy T. Anakhu dated June 1, 2016 re: Oppositon to Plaintiff's Belated Filing of an Amended Complaint. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 06/01/2016)
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                                                  Legal Document (Payment Possibly Required) 36 Filed: 5/27/2016, Entered: None
                                                  REQUEST FOR ISSUANCE OF SUMMONS as to Michael Bloomberg, Raymond Kelly, Eric Grimes, James Conroy, Mark Iocco, re: 34 Amended Complaint,,,. Document filed by Nadine Hays. (Hays, Nadine) (Entered: 05/27/2016)
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                                                    Legal Document (Payment Possibly Required) 35 Filed: 5/27/2016, Entered: None Court Filing
                                                    LETTER addressed to Judge Jesse M. Furman from Nadine Hays dated May 27, 2016 re: Joy Anakhu's Letter to the Court dated May 27, 2016. Document filed by Nadine Hays.(Hays, Nadine) (Entered: 05/27/2016)
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                                                      Legal Document (Payment Possibly Required) 34 Filed: 5/27/2016, Entered: None
                                                      FIRST AMENDED COMPLAINT amending 1 Complaint against Michael R. Bloomberg, Raymond W. Kelly with JURY DEMAND.Document filed by Nadine Hays. Related document: 1 Complaint filed by Nadine Hays. (Attachments: # 1 FAC con't; pp 18-33, # 2 FAC con't; pp 34-48, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20; pp. 1-10, # 23 Exhibit 20; pp. 11-18, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Verification, # 33 Proof of Service)(Hays, Nadine) (Entered: 05/27/2016)
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                                                        Legal Document (Payment Possibly Required) 33 Filed: 5/27/2016, Entered: None Court Filing
                                                        FIRST LETTER addressed to Judge Jesse M. Furman from Joy T. Anakhu dated May 27, 2016 re: Defendants' Intent to Rely on Their Initial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b). Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 05/27/2016)
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                                                          Legal Document (Payment Possibly Required) 32 Filed: 4/27/2016, Entered: None Court Filing
                                                          ORDER granting 29 Letter Motion for Extension of Time to Amend. Notwithstanding the tardiness of Plaintiff's request and some concerns about whether Plaintiff accurately represented defense counsel's position in her original motion papers, Plaintiff's deadline to amend her complaint or file opposition to the motion to dismiss is hereby extended to May 26, 2016. No further extensions will be granted absent extraordinary circumstances. Plaintiff is advised that parties in this District are permitted to seek certain relief - including extensions and adjournments - by letter motion rather than by formal motion; Plaintiff should consult this Court's Individual Rules and Practices and the SDNY ECF Rules and Instructions for further guidance. Further, Plaintiff is correct that most applications should be made to Magistrate Judge Francis as the case has been referred to him for General Pretrial Purposes; because the deadline at issue was set by Order of this Court and pertains to a dispositive motion, however, the present motion is properly handled by this Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/27/2016)
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                                                            Legal Document (Payment Possibly Required) 31 Filed: 4/27/2016, Entered: None Court Filing
                                                            LETTER REPLY to Response to Motion addressed to Judge Jesse M. Furman from Nadine Hays dated April 27, 2016 re: 29 MOTION for Extension of Time to Amend Complaint. . Document filed by Nadine Hays. (Hays, Nadine) (Entered: 04/27/2016)
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                                                              Legal Document (Payment Possibly Required) 30 Filed: 4/27/2016, Entered: None Court Filing
                                                              LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Joy T. Anakhu dated April 27, 2016 re: 29 MOTION for Extension of Time to Amend Complaint. . Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Attachments: # 1 Exhibit A)(Anakhu, Joy) (Entered: 04/27/2016)
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                                                                Legal Document (Payment Possibly Required) 29 Filed: 4/27/2016, Entered: None
                                                                MOTION for Extension of Time to Amend Complaint. Document filed by Nadine Hays.(Hays, Nadine) (Entered: 04/27/2016)
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                                                                  Legal Document (Payment Possibly Required) 28 Filed: 3/16/2016, Entered: None Court Filing
                                                                  ORDER: that Plaintiff shall file any amended complaint by April 26, 2016. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall file and serve any opposition to the motion to dismiss by April 26, 2016. Defendants' reply, if any, shall be filed and served by May 10, 2016. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (Amended Pleadings due by 4/26/2016.) Set Deadlines/Hearing as to 24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b): Responses due by 4/26/2016, Replies due by 5/10/2016. (Signed by Judge Jesse M. Furman on 3/16/2016) (tn) (Entered: 03/16/2016)
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                                                                    Legal Document (Payment Possibly Required) 27 Filed: 3/15/2016, Entered: None
                                                                    NOTICE of Loc. Civ. R. 12.1 to Pro Se Litigant re: 24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b).. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Anakhu, Joy) (Entered: 03/15/2016)
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                                                                      Legal Document (Payment Possibly Required) 26 Filed: 3/15/2016, Entered: None
                                                                      MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). . Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Anakhu, Joy) (Entered: 03/15/2016)
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                                                                        Legal Document (Payment Possibly Required) 25 Filed: 3/15/2016, Entered: None
                                                                        DECLARATION of Joy T. Anakhu in Support re: 24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b).. Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee. (Attachments: # 1 Exhibit A)(Anakhu, Joy) (Entered: 03/15/2016)
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                                                                          Legal Document (Payment Possibly Required) 24 Filed: 3/15/2016, Entered: None
                                                                          MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b). Document filed by Dennis Byrnes, City of New York, Kino Cox, Rick Lee.(Anakhu, Joy) (Entered: 03/15/2016)
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                                                                            Legal Document (Payment Possibly Required) 23 Filed: 2/4/2016, Entered: None Court Filing
                                                                            MEMO ENDORSEMENT on re: 22 FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Joy T. Anakhu dated January 22, 2016 re: Reply to Plaintiff's Brief filed January 22, 2016 [ECF No. 21]. ENDORSEMENT: The release executed by plaintiff on December 29, 2015 is hereby deemed effective. The conditions inserted by plaintiff as numbered paragraphs 1 and 2 are stricken. However, the confidentiality obligations previously imposed by the Court remain in effect, and defendants shall promptly forward to plaintiff copies of all documents obtained pursuant to the release. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 2/4/2016) (adc) (Entered: 02/04/2016)
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                                                                              Legal Document (Payment Possibly Required) 22 Filed: 1/22/2016, Entered: None Court Filing
                                                                              FIRST LETTER addressed to Magistrate Judge James C. Francis IV from Joy T. Anakhu dated January 22, 2016 re: Reply to Plaintiff's Brief filed January 22, 2016[ECF No. 21]. Document filed by City of New York.(Anakhu, Joy) (Entered: 01/22/2016)
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                                                                                Legal Document (Payment Possibly Required) 21 Filed: 1/22/2016, Entered: None Court Filing
                                                                                BRIEF re: 17 Response to Motion,,,,, 16 Order on Motion for Extension of Time,, 15 LETTER MOTION for Extension of Time & Request for 160.50 Release addressed to Judge Jesse M. Furman from Joy Anakhu dated December 18, 2015., 20 Memo Endorsement, Set Deadlines,,,, 18 Reply to Response to Motion, . Document filed by Nadine Hays.(Hays, Nadine) (Entered: 01/22/2016)
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                                                                                  Legal Document (Payment Possibly Required) 20 Filed: 1/13/2016, Entered: None Court Filing
                                                                                  MEMO ENDORSEMENT on re: 15 LETTER MOTION for Extension of Time & Request for 160.50 Release addressed to Judge Jesse M. Furman from Joy Anakhu dated December 18, 2015. ENDORSEMENT: Plaintiff shall execute and return defendants' 160.50 release by February 15, 2016, failing which the action will be dismissed. The released information shall be treated as attorneys'-eyes-only until a confidentiality stipulation is entered. By March 15, 2016, defendants shall answer the complaint and provide identifying information for the Doe defendants. SO ORDERED. (City of New York answer due 3/15/2016.) (Signed by Magistrate Judge James C. Francis on 1/13/2016) (adc) (Entered: 01/13/2016)
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                                                                                    Legal Document (Payment Possibly Required) 19 Filed: 1/12/2016, 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). NOTE: Includes also the issues raised in the parties' submissions of Jan. 4, 2016, and Jan. 7, 2016 (Docket Nos. 17-18). The initial pretrial conference scheduled to take place on March 9, 2016, is hereby CANCELLED; Magistrate Judge Francis will reschedule if and when appropriate. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. Referred to Magistrate Judge James C. Francis. (Signed by Judge Jesse M. Furman on 1/11/2016) (tn) (Entered: 01/12/2016)
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                                                                                      Legal Document (Payment Possibly Required) 18 Filed: 1/7/2016, Entered: None Court Filing
                                                                                      REPLY to Response to Motion re: 15 LETTER MOTION for Extension of Time & Request for 160.50 Release addressed to Judge Jesse M. Furman from Joy Anakhu dated December 18, 2015. Regarding Plaintiff's Concerns with Defendants' Letter Motion. Document filed by City of New York. (Anakhu, Joy) (Entered: 01/07/2016)
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                                                                                        Legal Document (Payment Possibly Required) 17 Filed: 1/4/2016, Entered: None Court Filing
                                                                                        RESPONSE to Motion re: 15 LETTER MOTION for Extension of Time & Request for 160.50 Release addressed to Judge Jesse M. Furman from Joy Anakhu dated December 18, 2015. PLAINTIFF'S CONCERNS REGARDING DEFENDANTS LETTER MOTION. Document filed by Nadine Hays. (Attachments: # 1 Affidavit Declaration of Nadine Hays, # 2 Exhibit Letter Motion, # 3 Exhibit Order To Sign 160.50 Release, # 4 Exhibit Signed Proof of Serv, # 5 Exhibit 50-H Hearing Transcript; Part 1, # 6 Exhibit 50-H Hearing Transcript; Part 2, # 7 Exhibit File From Legal Aid Attorney Johnathan Stonbely; Part 1, # 8 Exhibit File From Legal Aid Attorney Jonathan Stonbely; Part 2, # 9 Exhibit Webcrims File, # 10 Exhibit 3 Officers That Need To Be Identified, # 11 Exhibit Officer That Was Shooting Video On The Day Of The Arrest, # 12 Exhibit Two Notice of Claim Forms, # 13 Exhibit Complaints For Cox and Byrnes Were Refused and Returned To Sender, # 14 Exhibit Blank AO 399 Form For Waiver Of The Service Of Summons, # 15 Exhibit E-Mail To Anakhu Describing Deceiving Statements That Were Made In Her Letter Motion; Request For Identification of 3 Doe Defendants, # 16 Exhibit E-Mail To Anakhu To Help Her Locate Defendant Rick Lee, # 17 Exhibit Signed And Notarized 160.50 Release, # 18 POS)(Hays, Nadine) (Entered: 01/04/2016)
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                                                                                          Legal Document (Payment Possibly Required) 16 Filed: 12/21/2015, Entered: None Court Filing
                                                                                          ORDER granting 15 Letter Motion to Compel Plaintiff to Provide a § 160.50 Release and for Extension of Time to Answer. Plaintiff shall furnish the City with a § 160.50 release by January 4, 2016; Defendants shall use any documents or information they obtain using the release only in connection with, and for the purposes of, this litigation. Further, the City is granted until March 4, 2016, to answer the complaint. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 12/21/2015)
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                                                                                            Legal Document (Payment Possibly Required) 15 Filed: 12/18/2015, Entered: None Court Filing
                                                                                            LETTER MOTION for Extension of Time & Request for 160.50 Release addressed to Judge Jesse M. Furman from Joy Anakhu dated December 18, 2015. Document filed by City of New York.(Anakhu, Joy) (Entered: 12/18/2015)
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                                                                                              Blank 14 Filed: 9/1/2015, Entered: None
                                                                                              NOTICE OF APPEARANCE by Joy Tolulope Anakhu on behalf of City of New York. (Anakhu, Joy) (Entered: 09/01/2015)
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                                                                                                Legal Document (Payment Possibly Required) 13 Filed: 8/25/2015, Entered: None Court Filing
                                                                                                MEMO ENDORSEMENT on MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 8/25/2015) (tn) (Entered: 08/25/2015)
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                                                                                                  Legal Document (Payment Possibly Required) 12 Filed: 8/18/2015, Entered: None
                                                                                                  PLAINTIFF'S COMPLETED REQUEST FORM ASKING FOR PERMISSION TO FILE PLEADINGS ELECTRONICALLY. Document filed by Nadine Hays. (sc) (Entered: 08/18/2015)
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                                                                                                    Legal Document (Payment Possibly Required) 11 Filed: 7/31/2015, Entered: None Court Filing
                                                                                                    ORDER: On July 2, 2015, Plaintiff, who is proceeding pro se, submitted a request to receive and file documents electronically. (Docket No. 5). By Order dated July 13, 2015, the Court denied that request without prejudice to renewal, accompanied by the appropriate form. (Docket No. 7). The Court attached the form providing consent to receive service electronically. The Court, however, inadvertently failed to attach the form required to file materials electronically. On July 28, 2015, Plaintiff filed the form consenting to receive service electronically. (Docket No. 8). In light of the above, Plaintiff's request to receive service electronically is GRANTED. In addition, her request to file pleadings electronically is also GRANTED, albeit temporarily and on the understanding that such permission may be revoked if she does not file the appropriate form, which is attached to this Order, by August 31, 2015. Plaintiff shall contact the ECF Help Desk at (212) 805-0136 for further guidance on how to obtain a password and access to the ECF system. (Signed by Judge Jesse M. Furman on 7/31/2015) (kgo) (Entered: 07/31/2015)
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                                                                                                      Legal Document (Payment Possibly Required) 10 Filed: 7/29/2015, Entered: None
                                                                                                      LETTER from Nadine Hays dated 7/24/15 re: Plaintiff requests that the Court send her a blank subpoena form, signed by the Clerk of the Court, which she can then use to subpoena information in her case. Document filed by Nadine Hays.(sc) (Entered: 07/31/2015)
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                                                                                                        Legal Document (Payment Possibly Required) 9 Filed: 7/28/2015, Entered: None
                                                                                                        PLAINTIFF'S RESPONSE TO THE COURT'S RULING ON 7/10/15 AS IT RELATED TO PLAINTIFF'S REQUEST TO FILE PLEADINGS ELECTRONICALLY THROUGH THE ECF SYTSEM(SEE DOC 5) re: 7 Order on Motion for Permission for Electronic Case Filing. Document filed by Nadine Hays. (sc) (Entered: 07/29/2015)
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                                                                                                          Legal Document (Payment Possibly Required) 8 Filed: 7/28/2015, Entered: None
                                                                                                          PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Nadine K. Hays consents to receive electronic service via the ECF system. Document filed by Nadine Hays.(sc) (Entered: 07/29/2015)
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                                                                                                            Legal Document (Payment Possibly Required) 7 Filed: 7/13/2015, Entered: None Court Filing
                                                                                                            ORDER denying 5 Motion for Permission for Electronic Case Filing. Accordingly, Plaintiff's motion is DENIED without prejudice renewal by submitting the appropriate form, a copy of which is attached at the end of this Order. The Clerk of the Court is directed to mail Plaintiff a copy of this Order. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 7/10/2015) (tro) (Entered: 07/13/2015)
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                                                                                                              Legal Document (Payment Possibly Required) 6 Filed: 7/10/2015, Entered: None Court Filing
                                                                                                              NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: Initial Conference set for 3/9/2016 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman, and as further set forth in this order. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiff. (Signed by Judge Jesse M. Furman on 7/10/2015) (tn) (Entered: 07/10/2015)
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                                                                                                                Legal Document (Payment Possibly Required) 5 Filed: 7/2/2015, Entered: None
                                                                                                                (Motion)PLAINTIFF'S REQUEST TO FILE PLEADINGS ELECTRONICALLY THROUGH THE ECF SYSTEM; re: for Permission for Nadine Hays to participate in electronic case filing in this case. Document filed by Nadine Hays.(sc) (Entered: 07/07/2015)
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                                                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 3/9/2015, Entered: None Court Filing
                                                                                                                  ORDER OF SERVICE: the Court's prior order regarding service is VACATED. The Court's prior Order also dismissed Plaintiff's claims against the New York Police Department on the grounds that it is a non-suable entity. (Docket No. 3; see N.Y. City Charter ch. 17, § 396). That portion of the Order remains in effect. The Clerk of Court is directed to issue a summons as to Defendants City of New York, Officer Dennis Byrnes, Officer Kino Cox, and Detective Rick Lee. Plaintiff is directed to serve the summons and complaint on each Defendant within 120 days of the issuance of the summons. If within those 120 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against these Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of the Court is directed to mail Plaintiff a copy of this order. (Signed by Judge Jesse M. Furman on 3/9/2015) (tn) (Entered: 03/09/2015)
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                                                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 2/2/2015, Entered: None Court Filing
                                                                                                                    Vacated in part as per Judge's Order dated 3/9/2015, Doc. # 4 ORDER OF SERVICE: that the NYPD is DISMISSED. To allow Plaintiff to effect service on the remaining defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff one U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each Defendant. No later than March 4, 2015, Plaintiff must complete a USM-285 form for each Defendant and return those forms to the Court. If Plaintiff does not wish to use the Marshals Service to effect service, Plaintiff must notify the Court in writing also by March 4, 2015, and request that a summons be issued directly to Plaintiff. If Plaintiff has not returned the USM-285 forms or requested a summons by that date, the Court may dismiss this action for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Upon receipt of each completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each Defendant. The Clerk of the Court is directed to mail Plaintiff a copy of this order. USM-285 Form due by 3/4/2015. Request for Issuance of Summons due by 3/4/2015. (Signed by Judge Jesse M. Furman on 2/2/2015) (tn) Modified on 3/9/2015 (tn). (Entered: 02/02/2015)
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                                                                                                                      Blank 1 Filed: 12/16/2014, Entered: None
                                                                                                                      COMPLAINT against Dennis Byrnes, City of New York, Kino Cox, Does 1-10, Rick Lee, New York Police Department. (Filing Fee $ 350.00, Receipt # 113627.)Document filed by Nadine Hays.(laq) (Entered: 12/27/2014)
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