Case #1:04-cv-04189 · United States District Court, Southern District of New York
Vazquez v. Combs et al
Closed
Sean Combs
Bad Boy Entertainment, Inc.
City of New York
Gloria Frazier
Parties
Damien Vasquez Plaintiff
Sean Combs Chairman and Chief Executive Officer of Bad Boy Entertainment, Inc., sued individually.
Bad Boy Entertainment, Inc. A New York corporation.
City of New York A municipality of the State of New York.
Gloria Frazier NYC Police Department Detective, Shield No. 1887, assigned to Midtown South Precinct, acting within the scope of her employment.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.
Damien Vazquez, employed by Bad Boy Entertainment from January 2000 to May 2002 and again in 2003, was given a jiffy envelope containing contact sheets with Sean Combs' personal information in February 2002, which he stored after a car accident. In 2003, he rediscovered and returned the sheets to Combs via email. On January 29, 2004, Detective Gloria Frazier, posing as a friend, lured Vazquez to Midtown South Precinct under the pretense of a job interview. There, Frazier interrogated him about the contact sheets and a missing Grammy Award, threatening him with Riker's Island and ignoring his diabetic condition. Despite no probable cause, Vazquez was detained, interrogated by Frazier and three other detectives, and denied proper medical care, leading to a hospital visit while handcuffed. He was charged with aggravated harassment, petit larceny, and criminal possession of stolen property, all dismissed on May 5, 2004. Frazier seized his cell phone and two-way, falsely listing them as arrest evidence, and never returned them. Two restraining orders were issued against Vazquez regarding Combs, despite no supporting evidence. Bad Boy also failed to pay Vazquez's wages for his 2003 employment.
Prayer for Relief
Compensatory damages for injuries suffered, punitive damages, attorneys' fees and costs, and other equitable relief as deemed just and proper.
Causes of Action
FIRST CLAIM FOR RELIEF False Arrest under 42 U.S.C. § 1983
(Gloria Frazier)
SECOND CLAIM FOR RELIEF Conspiracy to Falsely Arrest under 42 U.S.C. § 1983
(Sean Combs, Bad Boy Entertainment, Inc.)
THIRD CLAIM FOR RELIEF Substantial Risk of Serious Harm under 42 U.S.C. § 1983
(Gloria Frazier)
FOURTH CLAIM FOR RELIEF Deprivation of Rights under 42 U.S.C. § 1983
(City of New York)
FIFTH CLAIM FOR RELIEF False Arrest
(Sean Combs, Bad Boy Entertainment, Inc.)
SIXTH CLAIM FOR RELIEF Outrageous Conduct Causing Severe Emotional Distress
(Gloria Frazier, City of New York)
SEVENTH CLAIM FOR RELIEF Conversion
(Gloria Frazier, City of New York)
EIGHTH CLAIM FOR RELIEF Violation of New York Labor Law §§ 191 198
(Bad Boy Entertainment, Inc.)
NINTH CLAIM FOR RELIEF Quantum Meruit
(Bad Boy Entertainment, Inc.)
Disposition
Dismissal without Prejudice — April 08, 2005
The case was dismissed without costs following a settlement reported by the parties, with the option to restore the action to the court's calendar if an application is made within thirty days.
Docket
| Date | No. | Description | |
|---|---|---|---|
| Jun 4, 2004 | 1 | COMPLAINT against Bad Boy Entertainment, Inc., Sean Combs, Gloria Frazier, The City of New York. (Filing Fee $ 150.00, Receipt Number 510459)Document filed by Damien Vazquez.(jjm, ) Additional attachment(s) added on 6/8/2004 (jjm, ). (Entered: 06/04/2004) | View PDF |
| Jul 28, 2004 | 2 | WAIVER OF SERVICE RETURNED EXECUTED Document filed by Damien Vazquez. Gloria Frazier waiver sent on 6/4/2004, answer due 8/3/2004; The City of New York waiver sent on 6/4/2004, answer due 8/3/2004. (Attachments: # 1 Waiver of Service - Executed)(Erlanger, Robert) (Entered: 07/28/2004) | No document |
| Aug 3, 2004 | 3 | ANSWER to Complaint with JURY DEMAND. Document filed by Gloria Frazier, The City of New York.(Cunha, Zachary) (Entered: 08/03/2004) | No document |
| Aug 19, 2004 | 4 | MOTION to Dismiss. Document filed by Bad Boy Entertainment, Inc., Sean Combs. Responses due by 9/14/2004 Return Date set for 9/30/2004 05:00 PM. (Davis, Jonathan) (Entered: 08/19/2004) | No document |
| Aug 19, 2004 | 5 | MOTION to Dismiss Defendants' Memorandum of Law. Document filed by Bad Boy Entertainment, Inc., Sean Combs. Responses due by 9/14/2004 Return Date set for 9/30/2004 05:00 PM. (Davis, Jonathan) (Entered: 08/19/2004) | No document |
| Aug 20, 2004 | 6 | ENDORSED LETTER addressed to Judge Gerard E. Lynch from Jonathan Davis dated 8/18/04 re: counsel for dfts Combs and Bad Boy request that the court extend dfts' time to serve their reply papers until 9/30/04. So Ordered. (Signed by Judge Gerard E. Lynch on 8/19/04) (dle, ) (Entered: 08/20/2004) | No document |
| Aug 20, 2004 | 7 | ENDORSED LETTER addressed to Judge Gerard E. Lynch from Robert Erlanger dated 8/16/04 re: counsel for plaintiff requests an extension of time in which to respond to the motion to 9/14/04. So Ordered. (Signed by Judge Gerard E. Lynch on 8/17/04) (dle, ) (Entered: 08/23/2004) | No document |
| Sep 10, 2004 | 8 | DECLARATION of Robert K. Erlanger in Opposition re: 4 MOTION to Dismiss., 5 MOTION to Dismiss Defendants' Memorandum of Law.. Document filed by Damien Vazquez. (Attachments: # 1 Memorandum of Law# 2 Affidavit of Damien Vazquez# 3 Declaration of Service)(Erlanger, Robert) (Entered: 09/10/2004) | No document |
| Sep 29, 2004 | 9 | RESPONSE in Opposition re: 4 MOTION to Dismiss., 5 MOTION to Dismiss Defendants' Memorandum of Law. Plaintiff's Rule 56.1 Statement in Opposition. Document filed by Damien Vazquez. (Erlanger, Robert) (Entered: 09/29/2004) | No document |
| Sep 30, 2004 | 10 | MOTION to Dismiss Rule 56.1 Statement. Document filed by Bad Boy Entertainment, Inc., Sean Combs. Return Date set for 9/30/2004 09:30 AM. (Davis, Jonathan) (Entered: 09/30/2004) | No document |
| Sep 30, 2004 | 11 | REPLY MEMORANDUM OF LAW in Support re: 4 MOTION to Dismiss., 5 MOTION to Dismiss Defendants' Memorandum of Law., 10 MOTION to Dismiss Rule 56.1 Statement. Defendants'ReplyMemorandumofLaw. Document filed by Bad Boy Entertainment, Inc., Sean Combs. (Davis, Jonathan) (Entered: 09/30/2004) | No document |
| Oct 22, 2004 | 12 | OPINION # 90815 AND ORDER the claim against Combs and Bad Boy for conspiracy to violate 42 U.S.C. 1983 (the Second Claim) is dismissed for failure to state a claim upon which relief can be granted. The dismissal is without prejudice to seek leave to replead, should discovery facts that could justify such a claim. The remaining claims against Combs and Bad Boy (the Fifth, Eighth and Ninth Claims) are dismissed for lack of subject matter jurisdiction. So Ordered. (Signed by Judge Gerard E. Lynch on 10/22/04) (jco, ) (Entered: 11/01/2004) | No document |
| Nov 3, 2004 | 13 | CLERK'S JUDGMENT that for the reasons stated in the Court's Opinion (90815) and Order dated Oct.22,2004, defendants' motion to dismiss is granted without prejudice to seek to replead. (Signed by J. Michael McMahon, Clerk 11/3/04) (jf, ) (Entered: 11/03/2004) | No document |
| Nov 15, 2004 | 14 | Mailed notice of Right to Appeal re: 13 Clerk's Judgment, to Attorney(s) of Record: Zachary A. Cunha, Jonathan David Davis, Robert Keith Erlanger. (snu, ) (Entered: 11/22/2004) | No document |
| Dec 8, 2004 | 15 | CASE MANAGEMENT PLAN: Amended Pleadings due by 1/10/2005. Joinder of Parties due by 1/10/2005. Motions due by 6/10/2005. Responses due by 7/11/2005 Replies due by 8/25/2005. Discovery due by 5/31/2005. Case Management Conference set for 6/3/2005 10:30 AM before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 12/8/04) (cd, ) (Entered: 12/08/2004) | No document |
| Dec 20, 2004 | 16 | NOTICE of Appearance by Seth D. Eichenholtz on behalf of Gloria Frazier, The City of New York (Eichenholtz, Seth) (Entered: 12/20/2004) | No document |
| Dec 21, 2004 | 17 | 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 Debra C. Freeman. (Signed by Judge Gerard E. Lynch on 12/20/04) (dle, ) (Entered: 12/21/2004) | No document |
| Jan 13, 2005 | 18 | ENDORSED LETTER addressed to Counsel from Debra Freeman, U.S. Magistrate Judge dated 1/13/05 re: confirming settlement conference. Settlement Conference set for 2/15/2005 at 11:00 AM in courtroom 102 at the U.S. District Court, 40 Foley Square, New Yokr, NY (Signed by Judge Debra C. Freeman on 1/13/05) (yv, ) (Entered: 01/14/2005) | No document |
| Apr 1, 2005 | 19 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL, The above-referenced action is hereby dismissed, with prejudice, and without costs, expenses, or fees in excess of the amount specified in paragraph 2. (Signed by Judge Gerard E. Lynch on 3/31/05) (dt, ) (Entered: 04/07/2005) | No document |
| Apr 8, 2005 | 20 | ORDER, The parties having reported to the Court that this acase has been settled, it is hereby ORDERED, that this action is dismissed without costs and without prejudice to restoring the action to this Court's calendar, provided the application to restore the action is made within thirty days. (Signed by Judge Gerard E. Lynch on 4/7/05) (dt, ) (Entered: 04/11/2005) | View PDF |
| Jun 3, 2004 | 0.1 | Case Designated ECF. (jjm, ) | No document |
| Jun 3, 2004 | 0.2 | Magistrate Judge Debra C. Freeman is so designated. (jjm, ) | No document |
| Jun 3, 2004 | 0.3 | SUMMONS ISSUED as to Bad Boy Entertainment, Inc., Sean Combs, Gloria Frazier, The City of New York. (jjm, ) | No document |
| Jul 20, 2004 | 1.1 | ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) affidavit of service by Robert K. Erlanger, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) | No document |
| Jul 21, 2004 | 1.2 | ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) affidavit of service of summons by Robert K. Erlanger, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) | No document |
| Oct 22, 2004 | 12.1 | Transmission to Judgments and Orders Clerk. Transmitted re: 12 Memorandum & Opinion to the Judgments and Orders Clerk for preparation of Judgment. (jco, ) | No document |
| Feb 3, 2005 | 18.1 | Minute Entry for proceedings held before Judge Debra C. Freeman : Status Telephone Conference held on 2/3/2005. Follow-up T/C 2/22 at 10:00 a.m. (kw, ) | No document |
| Feb 22, 2005 | 18.2 | MEMORANDUM TO THE DOCKET CLERK: status telephone -settlement conf. scheduled for 3/3/ going forward. (djc, ) | No document |
| Aug 18, 2004 | 3.1 | ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) motion and memo of law by Jonathan B. Davis, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) | No document |
| Aug 20, 2004 | 7.1 | Set/Reset Deadlines as to 4 MOTION to Dismiss.. Responses due by 9/14/2004 (dle, ) | No document |
| Aug 20, 2004 | 7.2 | Set/Reset Deadlines as to 4 MOTION to Dismiss.. Replies due by 9/30/2004. (dle, ) | No document |
Attorneys
Robert K. Erlanger
Law Firm of Robert K. Erlanger
Plaintiff
Erica A. Wolff
Sher Tremonte
Civil Defense