Allen v. The City of New York
Federal Civil Lawsuit New York Southern District Court, Case No. 1:10-cv-02673
District Judge Alvin K. Hellerstein, presiding

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No Logo Cynthia Allen, Plaintiff

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Lisa L. George +1 718 512 5079 +1 718 852 0185 nylaw1georgel@gmail.com
v.
No Logo "John Doe", Defendant
No Logo Donald Hook, Defendant
No Logo John Doe, Defendant
No Logo John Doe Velez, Defendant

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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
No Logo P.O. John Doe Velez, Defendant

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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
No Logo P.O. Donald Hook, Defendant
No Logo P.O. Marcy Velez, Defendant

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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
No Logo Sergeant John Doe, Defendant
No Logo The City of New York, Defendant

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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
No Logo The New York City Police Department, Defendant

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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 23 Filed: 3/26/2012, Entered: None Unknown Document TypeCourt Filing
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in paragraph "2" herein. 2. Defendant City of New York hereby agrees to pay plaintiff CYNTHIA ALLEN the sum of five Thousand Dollars, and to pay counsel for plaintiff, Lisa George, Esq., the total sum of Five Thousand Five Hundred and Sixty Dollars as attorneys' fees, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. In consideration for the payment of these sums, plaintiff agrees to dismissal of all the claims against the defendants, the City of New York, the New York City Police Department, Police Officer Marcy Velez, and Police Officer Donald Hook, and to release all defendants, and any present or former employees and agents of the City of New York, or any entity represented by the Office of the Corporation Counsel, from any and all liability, claims, or rights of action alleging a violation of plaintiff's civil rights, from the beginning of the world to the date of the General Release, including all claims for costs, expenses, and attorneys' fees. (Signed by Judge Alvin K. Hellerstein on 3/23/2012) (mro) (Entered: 03/26/2012)
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    Legal Document (Payment Possibly Required) 22 Filed: 2/8/2012, Entered: None Unknown Document TypeCourt Filing
    STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: The above referenced action is dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in paragraph "2" as follows: Defendant City of New York hereby agrees to pay plaintiff Cynthia Allen the sum of Five Thousand Dollars ($5,000.00), and to pay counsel for plaintiff. Lisa George, Esq., the total sum of Five Thousand Five Hundred and Sixty Dollars ($5,560.00) as attorneys' fees, in full satisfaction of all claims, including claims for costs, expenses and attorneys' fees. (Signed by Judge Alvin K. Hellerstein on 2/8/2012) (js) (Entered: 02/09/2012)
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      Legal Document (Payment Possibly Required) 21 Filed: 12/12/2011, Entered: None Unknown Document TypeCourt Filing
      ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Morgan D. Kunz dated 12/12/2011 re: Counsel for the defendant writes to inform the Court that an agreement in principle to settle this matter has been reached by the parties. ENDORSEMENT: A suggestion of settlement having been made, this case is dismissed, subject to restoration by either party within 30 days on notice. All pending court dates are canceled. The Clerk is directed to close this case. (Signed by Judge Alvin K. Hellerstein on 12/12/2011) (ft) (Entered: 12/12/2011)
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        Legal Document (Payment Possibly Required) 20 Filed: 6/3/2011, Entered: None Unknown Document Type
        AMENDED COMPLAINT amending 16 Amended Complaint, against Donald Hook(in his official capacity as an employee of the New York City Police Department), Donald Hook(individually), The City of New York, The New York City Police Department, Marcy Velez(individually), Marcy Velez(in her official capacity as an employee of the New York City Police Department) with JURY DEMAND.Document filed by Cynthia Allen. Related document: 16 Amended Complaint, filed by Cynthia Allen.(mbe) (Entered: 06/06/2011)
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          Legal Document (Payment Possibly Required) 19 Filed: 5/3/2011, Entered: None Unknown Document TypeCourt Filing
          ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lisa George dated 4/25/11 Re: I write in response to the April 14, 2011 and May 21, 2011 respective applications of defendants City of New York, NYPD, Velez and Hook for referral of this matter to Magistrate Judge Maas for a settlement conference and that this matter be stayed pending the status conference. ENDORSEMENT: The application for referral and for a stay is denied, since not on consent. (Signed by Judge Alvin K. Hellerstein on 5/2/11) (rjm) (Entered: 05/03/2011)
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            Legal Document (Payment Possibly Required) 18 Filed: 4/14/2011, Entered: None Unknown Document Type
            ANSWER to Amended Complaint with JURY DEMAND. Document filed by The City of New York, The New York City Police Department, Marcy Velez(individually), Marcy Velez(in her official capacity as an employee of the New York City Police Department). Related document: 16 Amended Complaint, filed by Cynthia Allen.(Kunz, Morgan) (Entered: 04/14/2011)
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              Legal Document (Payment Possibly Required) 17 Filed: 4/4/2011, Entered: None Unknown Document TypeCourt Filing
              ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Lisa George dated 3/31/2011 re: Counsel for plaintiff requests that the close of discovery be extended to May 13, 2011. ENDORSEMENT: The application will be discussed at the conference. Meanwhile, counsel shall concentrate on completing discovery. So Ordered. (Signed by Judge Alvin K. Hellerstein on 4/4/11) (js) (Entered: 04/04/2011)
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                Legal Document (Payment Possibly Required) 16 Filed: 1/4/2011, Entered: None Unknown Document Type
                AMENDED & SUPPLEMENTAL COMPLAINT amending 1 Complaint against The City of New York, The New York City Police Department, Marcy Velez, Marcy Velez, Donald Hook, Donald Hook with JURY DEMAND.Document filed by Cynthia Allen. Related document: 1 Complaint filed by Cynthia Allen.(mro) (Additional attachment(s) added on 2/14/2011: # 1 Amended Complaint Pages 6-10, # 2 Amended Complaint Pages 11-13) (ama). (Entered: 01/05/2011)
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                  Legal Document (Payment Possibly Required) 15 Filed: 11/5/2010, Entered: None Unknown Document TypeCourt Filing
                  CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. All non-expert discovery is to be completed by 3/31/11. Joinder of additional parties must be accomplished by 1/3/11. Amended pleadings may be filed without leave of the Court until 1/3/11. The last day for filing dispositive motions shall be 4/30/11. The date for the meeting is 3/16/11, at 10 a.m. The case management conference will be held on 5/13/11 at 10:30 a.m. Initial Disclosures by 12/15/10. Interrogatories and Requests for Production of Documents: served by 12/15/10, responses by 1/31/11. Depositions: starting by 2/28/11, completed by 3/31/11. Requests to admit: served by 3/1/11, responses by 3/31/11. Expert discovery by 5/30/11. (Signed by Judge Alvin K. Hellerstein on 11/5/2010) (jfe) (Entered: 11/05/2010)
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                    Legal Document (Payment Possibly Required) 14 Filed: 11/1/2010, Entered: None Unknown Document Type
                    ANSWER to Complaint with JURY DEMAND. Document filed by John Doe Velez(individually, the names being fictitious and presently unknown), John Doe Velez(in their official capacity, the names being fictitious and presently unknown as employees of the New York City Police Department).(Kunz, Morgan) (Entered: 11/01/2010)
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                      Legal Document (Payment Possibly Required) 13 Filed: 10/13/2010, Entered: None Unknown Document TypeCourt Filing
                      ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Morgan D. Kunz dated 10/5/10 re: City defendants respectfully request that this office be granted an extension of time, until October 15, 2010, to determine pursuant to New York General Municipal Law §50-k whether Officer Velez is eligible for representation in this matter. Should the Court grant this request, in the interest of resolving this dispute on the merits, we hope that the court may, sua sponte, extend the time for Officer Velez to respond to the complaint. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/13/10) (djc) (Entered: 10/13/2010)
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                        Legal Document (Payment Possibly Required) 12 Filed: 9/30/2010, Entered: None Unknown Document Type
                        ANSWER to Complaint with JURY DEMAND. Document filed by The City of New York, The New York City Police Department.(Kunz, Morgan) (Entered: 09/30/2010)
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                          Legal Document (Payment Possibly Required) 11 Filed: 9/13/2010, Entered: None Unknown Document TypeCourt Filing
                          ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lisa George dated 9/9/2010 re: My office represents Plaintiff Cynthia Allen in the above-referenced action. This letter is submitted in response to defense counsel's letter dated September 03, 2010 and, as indicated thereon, hand delivered to Your Honor. My office did not receive a copy of that letter until Tuesday, September 07, 2010 as defense counsel sent it by regular mail to my office. This letter also serves to apprise this Court of a few facts of which the Court may not have been aware when indicating that plaintiff is in default and directing that Plaintiff grant a release by September 30, 2010. Plaintiff objects to the request of defendants the City of New York and The New York City Police Department that this Court relieves them of their obligation to respond to the complaint and to defendants' request that the Court entertain an oral motion to dismiss for failure to prosecute at the conference scheduled for September 17, 2010. Plaintiff takes no position on defendants request that the September 17, 2010 conference be rescheduled as my office plans to appear on behalf of Plaintiff and defense counsel's office could cover the current Court Conference date. ENDORSEMENT: Denied without prejudice for failing to comply with Individual Rule 2E. (Signed by Judge Alvin K. Hellerstein on 9/13/2010) (jmi) (Entered: 09/15/2010)
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                            Legal Document (Payment Possibly Required) 10 Filed: 9/14/2010, Entered: None Unknown Document TypeCourt Filing
                            ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Morgan D. Kunz dated 9/13/2010 re: Defendants City of New York and the New York City Police Department respectfully request that the conference scheduled for September 17, 2010 be adjourned. ENDORSEMENT: The conference is adjourned to Nov. 5, 2010, 10:00 a.m. ( Status Conference set for 11/5/2010 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/13/2010) (jmi) (Entered: 09/14/2010)
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                              Legal Document (Payment Possibly Required) 9 Filed: 9/8/2010, Entered: None Unknown Document TypeCourt Filing
                              ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Morgan D. Kunz dated 9/3/2010 re: Requesting that defendants be relieved of their obligation to respond to the complaint and that the conference scheduled for September 17, 2010 be adjourned and that the Court entertain an oral motion to dismiss for failure to prosecute at the next conference if plaintiff has not provided a release by that time. ENDORSEMENT: Denied. Both parties are in default. Both are given until September 30, 2010 to satisfy their defaulted obligations; the plaintiff by granting the release; the defendants, by filing an Answer to the extent of their ability to answer. (Signed by Judge Alvin K. Hellerstein on 9/7/2010) (jpo) (Entered: 09/08/2010)
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                                Legal Document (Payment Possibly Required) 8 Filed: 8/13/2010, Entered: None Unknown Document Type
                                FIRST PRE-CONFERENCE STATEMENT. Document filed by Cynthia Allen.(George, Lisa) (Entered: 08/13/2010)
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                                  Legal Document (Payment Possibly Required) 7 Filed: 8/10/2010, Entered: None Unknown Document TypeCourt Filing
                                  ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Morgan D. Kunz dated 8/9/10 re: Defendants City of New York and the New York City Police Department respectfully requests that plaintiff be compelled to produce a release pursuant to N.Y.C.P.L. Section 160.50 by August 13, 2010, and that defendants' time to respond to the complaint in this action be extended for one month, from August 15, 2010 until September 10, 2010. ENDORSEMENT: Plaintiff on condition of continuing with her lawsuit, must promptly sign and return authorizations permitting the City to gain access to all relevant, sealed records. Defendants' time to answer is enlarged only to August 20, 2010, and not beyond. Any further issues can be raised and addressed this Friday, August 13, 10:00 a.m., at the adjourned case management conference. The City of New York answer due 8/20/2010; The New York City Police Department answer due 8/20/2010. (Case Management Conference set for 8/13/2010 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/10/10); (djc) Modified on 8/12/2010 (djc). (Entered: 08/10/2010)
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                                    Legal Document (Payment Possibly Required) 6 Filed: 7/1/2010, Entered: None Unknown Document TypeCourt Filing
                                    ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Morgan Kunz dated 6/28/10 re: Request that the time to respond to the complaint be extended from 6/30/10 to 8/15/10. ENDORSEMENT: So Ordered. The City of New York answer due 8/15/2010; The New York City Police Department answer due 8/15/2010. (Signed by Judge Alvin K. Hellerstein on 7/1/10) (cd) (Entered: 07/01/2010)
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                                      Legal Document (Payment Possibly Required) 5 Filed: 6/24/2010, Entered: None Unknown Document Type
                                      AFFIDAVIT OF SERVICE. John Doe(in their official capacity, the names being fictitious and presently unknown as employees of the New York City Police Department) served on 6/14/2010, answer due 7/6/2010. Service was accepted by Sgt. Rivera, 26th Precinct. Service was made by Mail. Document filed by Cynthia Allen. (George, Lisa) (Entered: 06/24/2010)
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                                        Legal Document (Payment Possibly Required) 4 Filed: 6/24/2010, Entered: None Unknown Document Type
                                        AFFIDAVIT OF SERVICE. John Doe Velez(in their official capacity, the names being fictitious and presently unknown as employees of the New York City Police Department) served on 6/14/2010, answer due 7/6/2010. Service was accepted by Sgt. Rivera, 26th Precinct. Service was made by Mail. Document filed by Cynthia Allen. (George, Lisa) (Entered: 06/24/2010)
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                                          Legal Document (Payment Possibly Required) 3 Filed: 6/24/2010, Entered: None Unknown Document Type
                                          AFFIDAVIT OF SERVICE. The New York City Police Department served on 6/10/2010, answer due 7/1/2010. Service was accepted by Katie Flaherty, Attorney. Document filed by Cynthia Allen. (George, Lisa) (Entered: 06/24/2010)
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                                            Legal Document (Payment Possibly Required) 2 Filed: 6/14/2010, Entered: None Unknown Document Type
                                            AFFIDAVIT OF SERVICE. The City of New York served on 6/9/2010, answer due 6/30/2010. Service was accepted by Dmitriy Aronov, Service Window Clerk. Document filed by Cynthia Allen. (George, Lisa) (Entered: 06/14/2010)
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                                              Legal Document (Payment Possibly Required) 1 Filed: 3/25/2010, Entered: None Unknown Document Type
                                              COMPLAINT against "John Doe"(1-5, individually, the names being fictitious and presently unknown), The City of New York, The New York City Police Department, John Doe Velez(in their official capacity, the names being fictitious and presently unknown as employees of the New York City Police Department), John Doe Velez(individually, the names being fictitious and presently unknown), John Doe(in their official capacity, the names being fictitious and presently unknown as employees of the New York City Police Department), John Doe(individually, the names being fictitious and presently unknown), "John Doe"(1-5, in their official capacity, the names being fictitious and presently unknown as employees of the New York City Police Department). (Filing Fee $ 350.00, Receipt Number 898565)Document filed by Cynthia Allen.(mbe) (Entered: 03/29/2010)
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