McCoy v. The City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-03793
District Judge Loretta A. Preska, presiding

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Last Updated September 7, 2018 at 3:56 PM DT (2.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Robert Earl McCoy, Plaintiff

Toggle Switch Represented by 08-A-6008

Name Phone Fax E-Mail
Space Robert Earl McCoy
v.
No Logo AMKC Warden Louis Rivera, Defendant
No Logo DYCDOC Commissioner Dora Schiro, Defendant

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lauren Almquist Lively +1 212 356 0885 llively@law.nyc.gov
No Logo Kennith Armstead, Defendant
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Mayor Bloomberg"
No Logo RPA Terry Gersande', Defendant
City of New York City of New York, Defendant
Officially listed as "The City of New York"

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lauren Almquist Lively +1 212 356 0885 llively@law.nyc.gov
Citation Section 42 U.S.C. § 1983
Nature of Suit 555 - Civil Rights (Prison Condition)
  Entries (17) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 44 Filed: 9/7/2018, Entered: None Stipulation and Order of Voluntary Dismissal
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    Legal Document (Payment Possibly Required) 43 Filed: 9/4/2018, Entered: None Stipulation of Voluntary Dismissal
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      Legal Document (Payment Possibly Required) 16 Filed: 10/20/2016, Entered: None Unknown Document TypeCourt Filing
      LETTER addressed to Judge Loretta A. Preska from Robert E. McCoy, Jr. dated 10/14/16 re: Plaintiff advises the Court that he does not or cannot refute whether the stay should issue or not; and that he needs for the Bronx Tort Division of the New York State Supreme Court to move this case along in its proceedings. Document filed by Robert Earl McCoy.(sc) (Entered: 10/21/2016)
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        Legal Document (Payment Possibly Required) 15 Filed: 10/18/2016, Entered: None Unknown Document Type
        FIRST AMENDED COMPLAINT; re: amending 2 Complaint against Kennith Armstead, Bloomberg, Terry Gersande', Louis Rivera, Dora Schiro, The City of New York with JURY DEMAND.Document filed by Robert Earl McCoy. Related document: 2 Complaint filed by Robert Earl McCoy.(sc) (Entered: 10/19/2016)
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          Legal Document (Payment Possibly Required) 14 Filed: 10/7/2016, Entered: None Unknown Document TypeCourt Filing
          ORDER granting 13 Letter Motion for Extension of Time to Answer; granting 13 Letter Motion to Stay. The Defendants' motion to stay proceedings (dkt. no. 13) in the Court until the resolution of the Plaintiff's state court action on identical claims is GRANTED. See Kirshner v. Klemons, 225 F.3d 227, 238 (2d Cir. 2000)(explaining that "a stay of the action pending resolution of the state proceeding may be appropriate" when identical issues are raised in concurrent state and federal proceedings). Counsel for the City shall report to the Court by letter about the status of the state court case every six months. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/7/2016) (kl) (Entered: 10/07/2016)
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            Legal Document (Payment Possibly Required) 13 Filed: 10/3/2016, Entered: None Unknown Document TypeCourt Filing
            LETTER MOTION for Extension of Time to File Answer Complaint addressed to Judge Loretta A. Preska from Lauren Almquist Lively dated October 3, 2016., LETTER MOTION to Stay federal action pending resolution of state court action addressed to Judge Loretta A. Preska from Lauren Almquist Lively dated October 3, 2016. Document filed by Dora Schiro, The City of New York. (Attachments: # 1 Exhibit A)(Lively, Lauren) (Entered: 10/03/2016)
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              Legal Document (Payment Possibly Required) 12 Filed: 8/31/2016, Entered: None Unknown Document Type
              NOTICE OF APPEARANCE by Lauren Almquist Lively on behalf of Dora Schiro, The City of New York. (Lively, Lauren) (Entered: 08/31/2016)
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                Legal Document (Payment Possibly Required) 11 Filed: 8/15/2016, Entered: None Unknown Document Type
                MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Gersande'. Attempted Service of Summons and Complaint. Service was attempted on 8/2/16. Document filed by Robert Earl McCoy. (sc) (Entered: 08/19/2016)
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                  Legal Document (Payment Possibly Required) 10 Filed: 8/8/2016, Entered: None Unknown Document Type
                  WAIVER OF SERVICE RETURNED EXECUTED. The City of New York waiver sent on 8/8/2016, answer due 10/7/2016. Document filed by The City of New York. (Lively, Lauren) (Entered: 08/08/2016)
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                    Legal Document (Payment Possibly Required) 9 Filed: 8/8/2016, Entered: None Unknown Document Type
                    WAIVER OF SERVICE RETURNED UNEXECUTED as to Rivera, Armstread, Gersande. Document filed by Kennith Armstead, Gersande', Louis Rivera. (Pinnock, Nadene) (Entered: 08/08/2016)
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                      Legal Document (Payment Possibly Required) 8 Filed: 8/8/2016, Entered: None Unknown Document Type
                      WAIVER OF SERVICE RETURNED EXECUTED. Dora Schiro waiver sent on 8/8/2016, answer due 10/7/2016. Document filed by Dora Schiro. (Pinnock, Nadene) (Entered: 08/08/2016)
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                        Legal Document (Payment Possibly Required) 7 Filed: 7/25/2016, Entered: None Unknown Document Type
                        LETTER from Robert Earl McCoy, Jr. dated 7/19/16 re: CORRECT ADDRESS FOR DKT. #16-CIV- 3793(UA)- The plaintiff informs the Court that his address is at Greene Correctional Facility, not Green Haven Correctional Facility. Document filed by Robert Earl McCoy.(sc) (Entered: 07/28/2016)
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                          Legal Document (Payment Possibly Required) 6 Filed: 7/20/2016, Entered: None Unknown Document TypeCourt Filing
                          ORDER OF SERVICE: The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that City of New York; NYDOC Commissioner Dora Schriro; AMKC Warden Louis Rivera; and Director of Field Operations of the Board of Correction Kenneth Armistead waive service of summons. To allow Plaintiff to effect service on Defendant Dr. Gersande of Corizon Health, Inc. through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant. The service address for Dr. Gersande is c/o Corizon Health at: 103 Powell Court, Brentwood, TN 37027. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon this Defendant. It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if his address changes, and the Court may dismiss the action if he fails to do so. (As further set forth in this Order) Waiver of Service due by 8/22/2016. (Signed by Judge Loretta A. Preska on 7/20/2016) (kl) (Entered: 07/20/2016)
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                            Legal Document (Payment Possibly Required) 4 Filed: 7/8/2016, Entered: None Unknown Document TypeCourt 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 Colleen McMahon on 07/07/2016) The Clerks Office Has Mailed Copies. (ca) (Entered: 07/08/2016)
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                              Legal Document (Payment Possibly Required) 3 Filed: 5/20/2016, Entered: None Unknown Document Type
                              PRISONER AUTHORIZATION. Document filed by Robert Earl McCoy.(rdz) (Entered: 05/23/2016)
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                                Legal Document (Payment Possibly Required) 2 Filed: 5/20/2016, Entered: None Unknown Document Type
                                COMPLAINT against Kennith Armstead, Bloomberg, Gersande', Louis Rivera, Dora Schiro, The City of New York. Document filed by Robert Earl McCoy.(rdz) (Entered: 05/23/2016)
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                                  Legal Document (Payment Possibly Required) 1 Filed: 5/20/2016, Entered: None Unknown Document Type
                                  REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert Earl McCoy.(rdz) (Entered: 05/23/2016)
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