Thomas v. City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:11-cv-01188
District Judge VJ, Leonard B. Sand, presiding

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Last Updated December 22, 2016 at 6:54 PM ST (4.5 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo KEITH THOMAS, Plaintiff

Toggle Switch Represented by Law Offices of Dennis Houdek

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert Marinelli +1 212 822 1427 +1 718 624 4748 robmarinelli@gmail.com
v.
City of New York City of New York, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Public Advocate for the City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Karl Adam Bloom +1 212 788 4026 +1 212 788 9776 kbloom@law.nyc.gov
No Logo John Does 1 through 4, Defendant
No Logo Michael Radosta, Defendant
No Logo Police Officer John Doe, Defendant
No Logo Police Officer Andrew Beirne, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Shield No. 17848 Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Karl Adam Bloom +1 212 788 4026 +1 212 788 9776 kbloom@law.nyc.gov
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
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Legal Document (Payment Possibly Required) 21 Filed: 7/10/2012, Entered: None Unknown Document TypeCourt Filing
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: 1. The above-referenced action is hereby dismissed against all defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in paragraph "2" below. 2. Defendant City of New York hereby agrees to pay plaintiff KEITH THOMAS the sum of NINE THOUSAND DOLLARS ($9,000.00) 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 the dismissal with prejudice of all the claims against the defendants, both served and unserved, the City of New York, Police Officers Andrew Beirne (Shield No. 17848), Michael Radosta (Shield No. 25807), and the individuals identified herein as "John Does 1 through 4," 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 plaintiffs civil rights, from the beginning of the world to the date of the General Release, including claims for costs, expenses, and attorneys' fees. (Signed by Judge Leonard B. Sand on 7/10/2012) (djc) (Entered: 07/10/2012)
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    Legal Document (Payment Possibly Required) 20 Filed: 6/14/2012, Entered: None Unknown Document Type
    NOTICE OF APPEARANCE by Morgan David Kunz on behalf of Andrew Beirne, City of New York (Kunz, Morgan) (Entered: 06/14/2012)
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      Legal Document (Payment Possibly Required) 19 Filed: 5/16/2012, Entered: None Unknown Document TypeCourt Filing
      ORDER: A telephonic status conference was held with counsel to the respective parties on May 15, 2012. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, shall be initiated so as to be completed on or before July 5, 2012; 2. the parties' joint pretrial order shall be submitted to the Court on or before August 5, 2012. That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. ( Discovery due by 7/5/2012., Pretrial Order due by 8/5/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/16/2012) (mro) (Entered: 05/16/2012)
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        Legal Document (Payment Possibly Required) 18 Filed: 5/14/2012, Entered: None Unknown Document Type
        FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION for Conference on May 15, 2012 to be Held by Telephone instead of at the Courthouse. Document filed by Andrew Beirne, City of New York.(Bloom, Karl) Modified on 5/15/2012 (db). (Entered: 05/14/2012)
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          Legal Document (Payment Possibly Required) 17 Filed: 5/7/2012, Entered: None Unknown Document TypeCourt Filing
          ORDER: that a conference will be held in the above captioned action on May 15, 2012, at 11:30 a.m., in courtroom 20A, 500 Pearl Street, New York, New York., ( Status Conference set for 5/15/2012 at 11:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/7/2012) (pl) (Entered: 05/08/2012)
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            Legal Document (Payment Possibly Required) 16 Filed: 4/19/2012, Entered: None Unknown Document Type
            FIRST AMENDED COMPLAINT amending 1 Complaint against Andrew Beirne, City of New York, John Doe, Michael Radosta, John Does 1 through 4 with JURY DEMAND.Document filed by Keith Thomas. Related document: 1 Complaint filed by Keith Thomas.(pl) (Entered: 04/30/2012)
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              Legal Document (Payment Possibly Required) 15 Filed: 4/16/2012, Entered: None Unknown Document TypeCourt Filing
              ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Robert Marinelli dated 4/10/2012 re: Request to extend time to 4/19/2012 to file an amended complaint. ENDORSEMENT: Application granted. (Amended Pleadings due by 4/19/2012.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/16/2012) (cd) (Entered: 04/17/2012)
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                Legal Document (Payment Possibly Required) 14 Filed: 2/16/2012, Entered: None Court Filing
                ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from Robert Marinelli dated 2/15/2012 re: For the aforesaid reasons, plaintiff requests a 30 day stay of discovery in order to locate plaintiffs. Defense counsel consents to this request. ENDORSEMENT: A conference was held with the parties on February 7, 2012, to fashion a case management plan. Plaintiff's counsel made no mention of his inability to communicate with his client at that time, although, cased on the above, his client was already in incommunicado status. On February 7. 2012, plaintiff's counsel expressed no need to adopt a case management plan that built in time to locate his client, apparently, it was not necessary to do so. No change in circumstances are reported to have occurred since February 7, 2012. Accordingly, the application is Denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/15/2012) (ama) (Entered: 02/16/2012)
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                  Legal Document (Payment Possibly Required) 13 Filed: 2/9/2012, Entered: None Court Filing
                  ORDER: that all discovery, of whatever nature, shall be initiated so as to be completed on or before June 5, 2012.A telephonic status conference will be held with the parties on May 7, 2012, at 11:00 a.m. Counsel to the plaintiff shall initiate the telephonic conference on that date. The last date to join additional parties shall be March 30, 2012. 4.the last date to amend pleadings without leave of the court shall be March 30, 2012. The parties' joint pretrial order shall be submitted to the Court on or before July 6, 2012; and The parties shall contact the Court should they wish to have a settlement conference scheduled for them. ( Amended Pleadings due by 3/30/2012., Discovery due by 6/5/2012., Pretrial Order due by 7/6/2012., Telephone Conference set for 5/7/2012 at 11:00 AM before Judge Leonard B. Sand.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/7/12) (pl) (Entered: 02/09/2012)
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                    Legal Document (Payment Possibly Required) 12 Filed: 2/8/2012, Entered: None Court Filing
                    Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Pretrial Conference held on 2/8/2012. (jfe) (Entered: 02/08/2012)
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                      Legal Document (Payment Possibly Required) 11 Filed: 1/30/2012, Entered: None Court Filing
                      ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from K. Adam Bloom dated 1/23/2012 re: Defendants respectfully request that the Court adjourn the status conference scheduled for January 30, 2012 at 3:00 PM until 3:30 PM or another date and time convenient to the Court. ENDORSEMENT: Application granted. The conference is adjourned to February 7, 2012, at 2:00 p.m. ( Initial Conference set for 2/7/2012 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/30/2012) (jfe) (Entered: 01/30/2012)
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                        Legal Document (Payment Possibly Required) 10 Filed: 1/23/2012, Entered: None Court Filing
                        ORDER: Initial Conference set for 1/30/2012 at 03:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. At least five (5) days before the conference, the parties must meet or confer by telephone to discuss the matters specified in Fed. R. Civ. P. 26(f) and must complete the attached questionnaire. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/23/2012) (ft) (Entered: 01/23/2012)
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                          Legal Document (Payment Possibly Required) 9 Filed: 11/9/2011, 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 Kevin Nathaniel Fox. (Signed by Judge Leonard B. Sand on 11/9/2011) (jfe) (Entered: 11/09/2011)
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                            Legal Document (Payment Possibly Required) 8 Filed: 10/7/2011, Entered: None
                            ANSWER to 1 Complaint with JURY DEMAND. Document filed by Andrew Beirne.(Bloom, Karl) (Entered: 10/07/2011)
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                              Legal Document (Payment Possibly Required) 7 Filed: 9/27/2011, Entered: None Court Filing
                              ENDORSED LETTER addressed to Judge Leonard B. Sand from K. Adam Bloom dated 9/27/2011 re: Accordingly, I respectfully request that the Court, sua sponte. enlarge defendant Beirne's time to answer or otherwise respond to the complaint to and including October 7, 2011. This is this office's second request for a sua sponte enlargement of time in this action. ENDORSEMENT: Extension to 10/7/2011 Granted. So Ordered. (Signed by Judge Leonard B. Sand on 10/7/2011) (rdz) (Entered: 09/28/2011)
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                                Legal Document (Payment Possibly Required) 6 Filed: 9/26/2011, Entered: None
                                ANSWER to 1 Complaint with JURY DEMAND. Document filed by City of New York.(Bloom, Karl) (Entered: 09/26/2011)
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                                  Legal Document (Payment Possibly Required) 5 Filed: 8/9/2011, Entered: None
                                  NOTICE OF APPEARANCE by Karl Adam Bloom on behalf of City of New York (Bloom, Karl) (Entered: 08/09/2011)
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                                    Legal Document (Payment Possibly Required) 4 Filed: 8/2/2011, Entered: None Court Filing
                                    ENDORSED LETTER addressed to Judge Leonard B. Sand from K. Adam Bloon dated 7/28/2011 re: Defendant City of New York requests that its time to respond to the complaint in this action be enlarged sixty (60) days from 7/29/2011 to and including 9/26/2011. Counsel hopes that the Court may, sua sponte, extend the time to answer on behalf of all defendants. ENDORSEMENT: Extension granted. Andrew Beirne answer due 9/26/2011; City of New York answer due 9/26/2011; John Doe answer due 9/26/2011. (Signed by Judge Leonard B. Sand on 8/2/2011) (tro) (Entered: 08/02/2011)
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                                      Legal Document (Payment Possibly Required) 3 Filed: 7/11/2011, Entered: None
                                      AFFIDAVIT OF SERVICE. Andrew Beirne served on 7/8/2011, answer due 7/29/2011. Service was accepted by P.O. Thomas. Document filed by Keith Thomas. (Marinelli, Robert) (Entered: 07/11/2011)
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                                        Blank 2 Filed: 7/5/2011, Entered: None Court Filing
                                        ENDORSED LETTER addressed to Judge Leonard B. Sand from Robert Marinelli dated 7/5/2011 re: Counsel for the Plaintiff writes to request that the Court grant a two-week extension from today, until July 14, 2011, for plaintiff to effect service pursuant to Rule 4(m). ENDORSEMENT: The Court exercises its discretion to grant an extension until 7/14/2011 for plaintiff to effect service. (Service due by 7/14/2011.) (Signed by Judge Leonard B. Sand on 7/5/2011) (ab) (Entered: 07/05/2011)
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                                          Legal Document (Payment Possibly Required) 1 Filed: 2/22/2011, Entered: None
                                          COMPLAINT against Andrew Beirne, City of New York, John Doe. (Filing Fee $ 350.00, Receipt Number 930107)Document filed by Keith Thomas.(rdz) (Entered: 02/23/2011)
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