Pacheco v. The City of New York
Federal Civil Lawsuit New York Southern District Court, Case No. 1:09-cv-09898
District Judge Richard J. Holwell, presiding

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Last Updated January 15, 2019 at 8:02 AM ST (2.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Moses Pacheco, Jr., Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adewale Akim Mosaku +1 718 243 0994 +1 718 243 9148 wmosaku@juno.com
v.
No Logo Police Officer Cavalaro, Defendant
No Logo Police Officer Cruz, Defendant
No Logo Police Officer John Santiago, Defendant
No Logo Police Officers John Doe 1-4, Defendant
No Logo Sergeant John Doe 1, Defendant
No Logo Sergeant Juan Ortiz, Defendant
City of New York City of New York, Defendant
Officially listed as "The City of New York"

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
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Legal Document 16 Filed: 9/20/2010, Entered: None Unknown Document TypeCourt Filing
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL AND AGREED, by and between the undersigned, as follows: The above-referenced action is hereby dismissed against defendant, with prejudice, and without costs, expenses, or attorneys fees in excess of the amount specified in paragraph 2 below. Defendant City of New York hereby agrees to pay plaintiff MOSES PACHECO, JR. the sum of TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00) in full satisfaction of all claims, including claims for costs, expenses and attorneys fees. In consideration for the payment of this sum, plaintiff agrees to dismissal of all the claims against the defendant and to release the defendant, and any present or former employees and agents of the City of New York or any agency thereof from any and all liability, claims, or rights of action which were or could have been alleged in this action, including claims for costs, expenses, and attorneys fees. SO ORDERED. (Signed by Judge Richard J. Holwell on 9/15/2010) (jmi) (Entered: 09/20/2010)
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    Legal Document (Payment Possibly Required) 15 Filed: 8/16/2010, Entered: None Unknown Document TypeCourt Filing
    STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL AND AGREED, by and between the undersigned, as follows" The above-reference action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys fees in excess of the amount specified in paragraph 2 below. Defendant City of New York hereby agrees to pay plaintiff Moses Pacheco, Jr. the sum of TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00) in full satisfaction of all claims, including claims for costs, expenses and attorneys fees. In consideration for the payment of this sum, plaintiff agrees to dismissal of all the claims against the defendant and to release the defendant, and any present or former employees and agents or the City of New York or any agency thereof, from any and all liability, claims, or rights of action which were or could have been alleged in this action, including claims for costs, expenses. and attorneys fees. SO ORDERED. ENDORSEMENT: The Clerk is requested to close this Case. (Signed by Judge Richard J. Holwell on 8/12/2010) (jmi) Modified on 8/18/2010 (jmi). Modified on 9/1/2010 (jmi). (Entered: 08/16/2010)
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      Legal Document (Payment Possibly Required) 14 Filed: 7/22/2010, Entered: None Unknown Document TypeCourt Filing
      ORDER, that the pretrial conference scheduled for October 15, 2010 is rescheduled to October 14, 2010 at 10:00 a.m., in the courtroom of the Honorable Richard J. Holwell, Courtroom 17B, 500 Pearl Street, New York, New York 10007. (Signed by Judge Richard J. Holwell on 7/20/10) (pl) (Entered: 07/22/2010)
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        Legal Document (Payment Possibly Required) 13 Filed: 7/22/2010, Entered: None Unknown Document Type
        SUMMONS RETURNED EXECUTED. Juan Ortiz served on 7/6/2010, answer due 7/27/2010. Service was accepted by PAA E. Crichlow. Document filed by Moses Pacheco, Jr. (Mosaku, Adewale) (Entered: 07/22/2010)
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          Blank 12 Filed: 7/22/2010, Entered: None Unknown Document Type
          SUMMONS RETURNED EXECUTED. Cruz served on 7/6/2010, answer due 7/27/2010. Service was accepted by PAA E. Crichlow. Document filed by Moses Pacheco, Jr. (Mosaku, Adewale) (Entered: 07/22/2010)
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            Legal Document (Payment Possibly Required) 11 Filed: 7/22/2010, Entered: None Unknown Document Type
            SUMMONS RETURNED EXECUTED. Cavalaro served on 7/2/2010, answer due 7/23/2010. Service was accepted by Detective Lenis. Document filed by Moses Pacheco, Jr. (Mosaku, Adewale) (Entered: 07/22/2010)
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              Legal Document (Payment Possibly Required) 10 Filed: 7/19/2010, Entered: None Unknown Document TypeCourt Filing
              ORDER that a settlement conference has been scheduled in the above-captioned action on TUESDAY, JULY 27, 2010, at 10,00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. SO ORDERED. ( Settlement Conference set for 7/27/2010 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 7/19/2010) (jmi) (Entered: 07/19/2010)
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                Legal Document (Payment Possibly Required) 9 Filed: 6/30/2010, Entered: None Unknown Document TypeCourt 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 Michael H. Dolinger. (Signed by Judge Richard J. Holwell on 6/24/2010) (jfe) (Entered: 06/30/2010)
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                  Legal Document (Payment Possibly Required) 8 Filed: 6/8/2010, Entered: None Unknown Document TypeCourt Filing
                  ENDORSED LETTER addressed to Judge Richard J. Holwell from Wale Mosaku dated 6/7/10 re: In reply to the defendant City's response to the plaintiff's 6/1/10 letter application for a pre-motion conference. ENDORSEMENT: Provided that defendant City responds by 6/16/10, plaintiff's letter request for sanctions is denied. The parties are encouraged to avoid similar disputes in the future. (Signed by Judge Richard J. Holwell on 6/7/10) (cd) (Entered: 06/08/2010)
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                    Legal Document 7 Filed: 4/6/2010, Entered: None Unknown Document Type
                    AMENDED COMPLAINT amending 1 Complaint against Juan Ortiz, Cavalaro, Cruz, The City of New York, John Santiago, John Doe 1-4.Document filed by Moses Pacheco, Jr. Related document: 1 Complaint filed by Moses Pacheco, Jr. (mro) (ama). (Entered: 04/07/2010)
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                      Legal Document (Payment Possibly Required) 6 Filed: 4/3/2010, Entered: None Unknown Document Type
                      SUMMONS RETURNED EXECUTED. John Santiago served on 3/9/2010, answer due 3/30/2010. Service was accepted by PAA C. Busby. Document filed by Moses Pacheco, Jr. (Mosaku, Adewale) (Entered: 04/03/2010)
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                        Legal Document (Payment Possibly Required) 5 Filed: 3/17/2010, Entered: None Unknown Document TypeCourt Filing
                        ENDORSED LETTER addressed to Judge Richard J. Holwell from Morgan D. Kunz dated 3/9/10 re: Defendant City of New York respectfully submits this letter jointly on behalf of plaintiff and defendant, in accordance with the Court's January 27, 2010 Order, and in advance of the Initial Conference currently scheduled for March 12, 2010 at 10:00 a.m. (Proposed cutoff date for joinder of additional parties is April 30, 2010; Proposed cutoff date for amendments to the pleadings is April 30, 2010; Proposed schedule for complete of discovery, including the following - A date for Rule 26(a)(1) disclosers, if not previously completed - March 12, 2010; A fact discovery completion date is October 12, 2010; Proposed date for filing dispositive motions is November 12, 2010; Proposed date for filing a final pre-trial order; and 60 days after the resolution of any dispositive motion, or, if there are no dispositive motion, November 12, 2010; Jury trial is requested; the probable length of trial is 3 days; ENDORSEMENT: A status conference shall be held on 10/15/10 at 10:00 a.m.; (Signed by Judge Richard J. Holwell on 3/16/10) (djc) Modified on 3/30/2010 (djc). (Entered: 03/17/2010)
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                          Legal Document (Payment Possibly Required) 4 Filed: 3/5/2010, Entered: None Unknown Document Type
                          ANSWER to Complaint with JURY DEMAND. Document filed by The City of New York.(Kunz, Morgan) (Entered: 03/05/2010)
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                            Legal Document (Payment Possibly Required) 3 Filed: 1/27/2010, Entered: None Unknown Document TypeCourt Filing
                            INITIAL SCHEDULING CONFERENCE NOTICE AND ORDER Any requests for adjournments must be made in writing and must be received in Chambers not later than 48 hours before the scheduled time. Alternative dates that are mutually agreeable to all parties must be suggested when requesting to reschedule the initial scheduling conference. Parties should consult the Individual Practices of Judge Holwell with respect to communications with Chambers and related matters. This case has been designated an electronic case. The parties are advised that all orders will be issued via the Electronic Case Filing ("ECF") system and parties will not be sent copies by mail or facsimile. It is the responsibility of counsel to become familiar with and follow ECF procedures. Judge Holwell's individual practices may be found at http://www.nysd.uscourts.gov/Individual_Practices/Holwell.pdf. Parties should direct questions regarding ECF to the ECF Help Desk at 212-805-0800. SO ORDERED ( Initial Conference set for 3/12/2010 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell on 1/7/2010) (jmi) (Entered: 01/27/2010)
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                              Legal Document (Payment Possibly Required) 2 Filed: 1/7/2010, Entered: None Unknown Document TypeCourt Filing
                              ENDORSED LETTER: addressed to Judge Richard J. Holwell from Morgan D. Kunz dated 1/4/2010 re: Defendant City of New York requests that it's time to answer or otherwise respond to the complaint be extended for sixty days from January 4, 2010 until March 5, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 1/5/2010) (js) (Entered: 01/07/2010)
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                                Legal Document (Payment Possibly Required) 1 Filed: 12/2/2009, Entered: None Unknown Document Type
                                COMPLAINT against The City of New York, John Santiago, John Doe 1, John Doe 1-4. (Filing Fee $ 350.00, Receipt Number 707432)Document filed by Moses Pacheco, Jr.(rdz) (ama). (Entered: 12/03/2009)
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