McKay v. The City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:13-cv-02948
District Judge John G. Koeltl, presiding

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Last Updated January 14, 2017 at 1:49 PM ST (4.3 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo David McKay, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ronald Podolsky +1 212 460 8218 +1 212 460 8218 zubeey@aol.com
v.
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Michael Bloomberg"

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tobias Eli Zimmerman +1 212 442 2241 +1 212 788 9776 tzimmerm@law.nyc.gov
No Logo Police Officer Harry Perez, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tobias Eli Zimmerman +1 212 442 2241 +1 212 788 9776 tzimmerm@law.nyc.gov
No Logo Raymond Kelly, Defendant

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tobias Eli Zimmerman +1 212 442 2241 +1 212 788 9776 tzimmerm@law.nyc.gov
City of New York City of New York, Defendant
Officially listed as "The City of New York"

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tobias Eli Zimmerman +1 212 442 2241 +1 212 788 9776 tzimmerm@law.nyc.gov
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
  Entries (28) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 28 Filed: 7/25/2014, Entered: None
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 24, 2014, the Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the foregoing reasons, the Defendants motion for summary judgment dismissing all causes of action in the Complaint is granted. The Clerk is directed to close all pending motions and to enter judgment; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 07/25/2014) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 07/25/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 7/25/2014, Entered: None Court Filing
OPINION AND ORDER #104537: re: 13 MOTION for Summary Judgment filed by The City of New York, Michael Bloomberg, Raymond Kelly, Harry Perez. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the foregoing reasons, the defendants' motion for summary judgment dismissing all causes of action in the Complaint is granted. The Clerk is directed to close all pending motions, to enter Judgment, and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 7/24/2014) (ama) Modified on 7/28/2014 (ca). (Entered: 07/25/2014)
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    Legal Document (Payment Possibly Required) 26 Filed: 7/1/2014, Entered: None
    NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/14 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...(Rodriguez, Somari) (Entered: 07/01/2014)
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      Legal Document (Payment Possibly Required) 25 Filed: 7/1/2014, Entered: None Court Filing
      TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2014 before Judge John G. Koeltl. Court Reporter/Transcriber: Eve Giniger, (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 7/25/2014. Redacted Transcript Deadline set for 8/4/2014. Release of Transcript Restriction set for 10/2/2014.(Rodriguez, Somari) (Entered: 07/01/2014)
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        Legal Document (Payment Possibly Required) 24 Filed: 6/2/2014, Entered: None Court Filing
        ORDER: In advance of oral argument on the defendants' motion for summary judgment, scheduled for Thursday, June 5, 2014 at 11:30 am, the parties should be prepared to answer the following questions: As set forth herein. SO ORDERED. (Signed by Judge John G. Koeltl on 5/31/2014) (ama) (Entered: 06/02/2014)
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          Legal Document (Payment Possibly Required) 23 Filed: 5/30/2014, Entered: None Court Filing
          NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Thursday, June 5, 2014 at 11:30 am, in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Oral Argument set for 6/5/2014 at 11:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ama) (Entered: 05/30/2014)
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            Legal Document (Payment Possibly Required) 22 Filed: 3/23/2014, Entered: None
            FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Amend/Correct. Document filed by David McKay. (Attachments: # 1 Appendix)(Podolsky, Ronald) Modified on 3/24/2014 (db). (Entered: 03/23/2014)
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              Legal Document (Payment Possibly Required) 21 Filed: 3/23/2014, Entered: None
              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct. Document filed by David McKay.(Podolsky, Ronald) Modified on 3/24/2014 (db). (Entered: 03/23/2014)
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                Legal Document (Payment Possibly Required) 20 Filed: 3/1/2014, Entered: None
                MEMORANDUM OF LAW in Opposition re: 13 MOTION for Summary Judgment.. Document filed by David McKay. (Podolsky, Ronald) (Entered: 03/01/2014)
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                  Legal Document (Payment Possibly Required) 19 Filed: 2/28/2014, Entered: None
                  REPLY MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment.. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York. (Zimmerman, Tobias) (Entered: 02/28/2014)
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                    Legal Document (Payment Possibly Required) 18 Filed: 2/21/2014, Entered: None
                    FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attachment. Document filed by David McKay. (Attachments: # 1 Appendix)(Podolsky, Ronald) Modified on 2/24/2014 (db). (Entered: 02/21/2014)
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                      Legal Document (Payment Possibly Required) 17 Filed: 2/20/2014, Entered: None
                      AFFIDAVIT of mckay in Opposition re: 13 MOTION for Summary Judgment.. Document filed by David McKay. (Attachments: # 1 Appendix, # 2 Supplement)(Podolsky, Ronald) (Entered: 02/20/2014)
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                        Legal Document (Payment Possibly Required) 16 Filed: 2/19/2014, Entered: None
                        DECLARATION of Tobias E. Zimmerman in Support re: 13 MOTION for Summary Judgment.. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - Arrest Report, # 3 Exhibit C - Desk Appearance Ticket, # 4 Exhibit D - SPRINT Log, # 5 Exhibit E - Transcript of October 25, 2013 Deposition of Plaintiff David McKay, # 6 Exhibit F - Deposition Exhibit "B" - Google Street View, # 7 Exhibit G - OLPA Form, # 8 Exhibit H - Criminal Complaint, # 9 Exhibit I - Jackson Deposition, # 10 Exhibit J - Criminal Court Records, # 11 Exhibit K - Certificate of Disposition)(Zimmerman, Tobias) (Entered: 02/19/2014)
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                          Legal Document (Payment Possibly Required) 15 Filed: 2/19/2014, Entered: None
                          RULE 56.1 STATEMENT. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York. (Zimmerman, Tobias) (Entered: 02/19/2014)
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                            Legal Document (Payment Possibly Required) 14 Filed: 2/19/2014, Entered: None
                            MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment.. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York. (Zimmerman, Tobias) (Entered: 02/19/2014)
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                              Legal Document (Payment Possibly Required) 13 Filed: 2/19/2014, Entered: None
                              MOTION for Summary Judgment. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York. Responses due by 2/20/2014(Zimmerman, Tobias) (Entered: 02/19/2014)
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                                Legal Document (Payment Possibly Required) 12 Filed: 2/10/2014, Entered: None Court Filing
                                ORDER: A conference in this matter will be held on Wednesday, February 19, 2014 at 10:30am. (Status Conference set for 2/19/2014 at 10:30 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 2/10/2014) (djc) (Entered: 02/10/2014)
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                                  Legal Document (Payment Possibly Required) 11 Filed: 1/31/2014, Entered: None Court Filing
                                  LETTER MOTION for Conference Requesting Leave to File A Motion for Summary Judgment addressed to Judge John G. Koeltl from Tobias E. Zimmerman dated January 31, 2014., LETTER MOTION for Extension of Time to Adjourn the Deadline for the Pretrial Order to Accomodate Plaintiff's Counsel's Expected Travel Schedule addressed to Judge John G. Koeltl from Tobias E. Zimmerman dated January 31, 2014. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York.(Zimmerman, Tobias) (Entered: 01/31/2014)
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                                    Legal Document (Payment Possibly Required) 10 Filed: 9/6/2013, 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). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge John G. Koeltl on 9/6/2013) (djc) (Entered: 09/06/2013)
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                                      Legal Document (Payment Possibly Required) 9 Filed: 9/6/2013, Entered: None Court Filing
                                      SCHEDULING ORDER: A scheduling conference having been held on September 6, 2013, for the reasons stated on the record in open court and with the consent of counsel, it is hereby ORDERED that: All disclosures required by Rule 26(a) (1) shall be made no later than October 30, 2013. All fact discovery in this matter shall be completed no later than December 31, 2013. Dispositive motions, if any, shall be made no later than January 31, 2014. The Pretrial Order, in the form required by Judge Koeltl's rules, along with all other pretrial submissions required by Judge Koeltl, shall be filed on February 28, 2014, or thirty days after the final decision on any dispositive motion (if the pretrial order is still necessary after such decision), which-ever date is later. Plaintiff shall serve a draft of his portion of the Pretrial Order on counsel for defendants no later than fifteen days prior to the Pretrial Order's due date. For the convenience of all parties, a copy of Judge Koeltl's rules is available on the Court's website: www.nysd.uscourts.gov. Motions due by 1/31/2014. Fact Discovery due by 12/31/2013. Pretrial Order due by 2/28/2014. (Signed by Magistrate Judge Henry B. Pitman on 9/6/2013) Copies Sent By Chambers. (rsh) Modified on 9/12/2013 (rsh). (Entered: 09/06/2013)
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                                        Legal Document (Payment Possibly Required) 8 Filed: 8/13/2013, Entered: None
                                        FIRST REPLY. Document filed by David McKay. (Podolsky, Ronald) (Entered: 08/13/2013)
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                                          Legal Document (Payment Possibly Required) 7 Filed: 7/29/2013, Entered: None
                                          ANSWER to 1 Complaint with JURY DEMAND. Document filed by Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York.(Zimmerman, Tobias) (Entered: 07/29/2013)
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                                            Legal Document (Payment Possibly Required) 6 Filed: 7/23/2013, 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 Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge John G. Koeltl on 7/22/2013) (djc) (Entered: 07/23/2013)
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                                              Legal Document (Payment Possibly Required) 5 Filed: 7/23/2013, Entered: None Court Filing
                                              ORDER: The parties are directed to report back to the Court following their settlement conference with the Magistrate Judge. If settlement discussions are unsuccessful, the parties may send in a proposed scheduling order to the Court. (Signed by Judge John G. Koeltl on 7/22/2013) (djc) (Entered: 07/23/2013)
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                                                Legal Document (Payment Possibly Required) 4 Filed: 7/1/2013, Entered: None Court Filing
                                                ENDORSED LETTER addressed to Michael Cardozo and Tobias Eli Zimmerman from Ronald Podolsky dated 6/23/2013 re: We have received an EFC notice of a court conference on July 22 at 4pm. As we discussed in prior emails, I have not received a notice of appearance for Police Officer Harry Perez as of the date hereof. According to the 1983 plan we are to meet and discuss various issues personally before the court conference. As I suggested, it may be that Officer Perez should be personally served at the 6th Precinct with the notice of conference which you indicated would be unnecessary. Please let me know if he has been notified by your office. ENDORSEMENT: The parties should not copy the court on correspondence unless they are seeking specific court action. So ordered. (Signed by Judge John G. Koeltl on 7/1/2013) (rsh) (Entered: 07/01/2013)
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                                                  Legal Document (Payment Possibly Required) 3 Filed: 6/7/2013, Entered: None
                                                  NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to he held on Monday, July 22, 2013 in Courtroom 12B, at 4:30 pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107.(rsh) (Entered: 06/07/2013)
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                                                    Legal Document (Payment Possibly Required) 2 Filed: 5/22/2013, Entered: None
                                                    NOTICE OF APPEARANCE by Tobias Eli Zimmerman on behalf of Michael Bloomberg, Raymond Kelly, The City of New York (Zimmerman, Tobias) (Entered: 05/22/2013)
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                                                      Legal Document 1 Filed: 5/2/2013, Entered: None
                                                      COMPLAINT against Michael Bloomberg, Raymond Kelly, Harry Perez, The City of New York. (Filing Fee $ 350.00, Receipt Number 465401060408)Document filed by David McKay.(cde) (Entered: 05/07/2013)
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