Harley v. The Suffolk County Police Department et al
| Linda Harley |
| The Suffolk County Police Department, The Nassau County Police Department, Matthew Decoteau, Richard Pfeiffer, Bruce Blanco, James McMullen, Rockford, Capriola, Tramantana, Jeffrey Klug, Perigout, John Doe, Detective Earl Strom, The Suffolk County Correction Department, Jane Doe and Sergeant Bouse |
| 2:2009cv02897 |
| June 25, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Suffolk |
| Joan M Azrack |
| Anne Y Shields |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2016. A more recent docket listing may be available from PACER.
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| Filing 149 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff take nothing of defendants; that the summary judgment motion of defendants The Nassau County Police Department and James McMullen is granted; that plaintiffs remaining claims are dismissed without prejudice; and that this case is hereby closed. Signed James J. Toritto Deputy Clerk on 3/31/2016. (c/m to pro se with appeal packet) (Ortiz, Grisel) |
Filing 148
ORDER DISMISSING CASE: Over eight months have elapsed since the Court has received any communication from plaintiff. Plaintiff has failed to appear for three scheduled conferences, including the two most recent conferences. The Court warned plaintiff that failure to appear at the February 24, 2016 conference would result in dismissal of the case. Plaintiffs failure to prosecute this action and to comply with the Courts orders constitutes grounds for dismissal. Accordingly, plaintiffs claims are dismissed, without prejudice, for failure to prosecute and noncompliance with the Courts orders. The Clerk of Court is directed to mail a copy of this order to pro se plaintiff and to close this case. Ordered by Judge Joan M. Azrack on 3/29/2016. (c/m to pro se) (Ortiz, Grisel)
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| Filing 147 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR DOCKET CALL: Pro Se Plaintiff: No appearance. Counsel For Defendant: Arlene Zwilling, Present. Status Conference held on 2/24/2016 at 11:00AM. Pro se plaintiff failed to appear for the scheduled conference. c/m to pro se plaintiff via first class mail. (Ortiz, Grisel) |
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SCHEDULING ORDER: Pro se plaintiff Linda Harley failed to appear for the status conference scheduled on 1/14/2016 at 11:00 AM. The status conference is rescheduled on 2/24/2016 at 11:00 AM before Judge Joan M. Azrack in Courtroom 920 of the Long Island Courthouse. Pro se plaintiff is warned that failure to appear for this conference will result in dismissal for lack of prosecution. Ordered by Judge Joan M. Azrack on 1/14/2016. (c/m to pro se plff by chambers) (Posillico, Lauren)
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| Filing 146 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel for Plaintiff Linda Harley, present. Counsel for Defendant Arlene Zwilling, present. Status Conference held on 7/16/2015 at 12:00 PM. Case is placed on the 6 month suspense calendar. Status Conference set for 1/14/2016 at 11:00 AM in Courtroom 920 before Judge Joan M. Azrack. (Tape #FTR: 12:16-12:20.) (Ortiz, Grisel) |
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SCHEDULING ORDER: Pro se plaintiff Linda Harley did not appear for the status conference scheduled on 6/25/2015. The status conference is rescheduled on 7/16/2015 at 12:00 PM in Courtroom 920 before Judge Joan M. Azrack. Plaintiff is warned that her failure to appear at the conference may result in dismissal for lack of prosecution. Ordered by Judge Joan M. Azrack on 6/25/2015. (c/m to pro se plff by chambers) (Posillico, Lauren)
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| Filing 145 Minute Entry for proceedings held before Judge Joan M. Azrack: Pro Se Plaintiff Linda Harley, present. Counsel for Defendant Arlene Zwilling, present. Status Conference held on 4/27/2015 at 11:00 AM. Plaintiff is granted an additional 60 days to retain an attorney. Status Conference set for 6/25/2015 at 11:00 AM in Courtroom 920 before Judge Joan M. Azrack. c/m to Pro Se Plaintiff via first class mail. (Tape #FTR: 11:04-11:08.) (Ortiz, Grisel) |
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SCHEDULING ORDER: Due to a conflict in this court's calendar, the status conference scheduled on 4/30/2015 is ADVANCED to 4/27/2015 at 11:00 AM in Courtroom 920. Ordered by Judge Joan M. Azrack on 4/6/2015. c/m to pro se plff (Posillico, Lauren)
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| Filing 144 Minute Entry for proceedings held before Judge Joan M. Azrack: Plaintiff Linda Harley, pro se, present. Counsel for Defendant Arlene Zwilling, present. Status Conference held on 3/26/2015 at 12:00 PM. Plaintiff granted time to retain attorney. The retained counsel shall file a notice of appearance and attend the status conference on 4/30/2015. If counsel is not retained, the pro se plff is directed to appear for the conference. Status Conference set for 4/30/2015 at 11:00 AM in Courtroom 920 before Judge Joan M. Azrack. (Tape #FTR: 12:07-12:10.) (Ortiz, Grisel) |
| Case Reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Arlene R. Lindsay no longer assigned to the case. (Mahoney, Brenna) |
| Filing 143 AFFIDAVIT of Service of Scheduling Order dated February 19, 2015, filed by Bruce Blanco, Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Zwilling, Arlene) |
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SCHEDULING ORDER: A status conference will be held before the undersigned on 3/26/2015 at 12:00 PM in Courtroom 920 of the Long Island Courthouse. Counsel for defendant is directed to serve a copy of this electronic order on the plaintiff at the address listed on the docket sheet and file an affidavit of service electronically. Ordered by Judge Joan M. Azrack on 2/19/2015. (Posillico, Lauren)
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| Case reassigned to Judge Joan M. Azrack. Judge Joseph F. Bianco no longer assigned to the case. (McMorrow, Karen) |
| Filing 142 NOTICE of Change of address to c/o Kelsey D Westbrooks 325 Beach 57th Street Apt 4D Arverne NY 11692 by Linda Harley (Bollbach, Jean) |
| Filing 141 NOTICE of Change of address to Taconic Correctional Facility by Linda Harley (Bollbach, Jean) |
| Filing 140 CERTIFICATE OF SERVICE by Linda Harley re #138 Proposed Scheduling Order (Bollbach, Jean) |
| Filing 139 CERTIFICATE OF SERVICE by Linda Harley of doc #138 (Bollbach, Jean) |
| Filing 138 Proposed Pretrial Order by Linda Harley (Bollbach, Jean) |
| Filing 137 MOTION for Extension of Time to File pretrial order until 5/29/12 by Linda Harley. (Bollbach, Jean) |
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Filing 136
ORDER granting #134 Motion for Extension of Time to File. Pre trial order due by 5/22/12. Ordered by Judge Joseph F. Bianco on 5/15/2012. (Bollbach, Jean)cm by chambers to pro se by fcm on 5/16/12
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| Filing 135 Letter dtd. 5/9/12 from County Attorney to Judge Bianco RE: to have subpoena issued. Subpoena issued 5/15/12 by Judge Bianco TO: Medical Unit to produce and permit inspection of the complete NYS Dept of Corrections medical chart of Linda Hardy Place: Suffolk County Attys Office Date: 6/8/12 10:00 am (Bollbach, Jean) |
| Filing 134 Letter MOTION for Extension of Time to File pre-trial order by Linda Harley. (Valle, Christine) |
| Filing 133 Subpoena by Bruce Blanco, Sergeant Bouse, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Attachments: #1 Supplement Subpoena) (Zwilling, Arlene) |
| Filing 132 Proposed Pretrial Order by Bruce Blanco, Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana (Zwilling, Arlene) |
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Filing 131
SCHEDULING ORDER: Suffolk County defts to file Pretrial Order due by 5/8/2012; plaintiff shall also submit a pretrial order by 5/8/12. Enclosed are the courts individual rules.. Ordered by Judge Joseph F. Bianco on 3/7/2012. (Bollbach, Jean)cm to pro se by chambers by fcm on 3/7/12
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Filing 130
ORDER granting #103 Motion for Summary Judgment; granting in part and denying in part #114 Motion for Summary Judgment. As set forth in the attached Memorandum and Order, IT IS HEREBY ORDERED that the motion for summary judgment is granted as to the Nassau County defendants. As to the Suffolk County defendants, the motion for summary judgment is denied with respect to plaintiff's claim of excessive force, and granted with respect to all other claims. SO ORDERED. The Court has mailed a copy of the decision to the plaintiff. Ordered by Judge Joseph F. Bianco on 2/28/2012. (Weber, Rebecca)
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| Filing 129 EXHIBIT I2 of Nassau County Defendants SJM by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 128 EXHIBIT I2-Pages 46-90 of Plaintiff's Deposition Transcript by James McMullen, The Nassau County Police Department. Related document: #107 Affidavit in Support of Motion, filed by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 127 RESPONSE to Motion re #114 MOTION to Dismiss pursuant to Rule 56.1 replying to the Court's Order of January 6, 2012 filed by Bruce Blanco, Sergeant Bouse, Capriola, Matthew Decoteau. (Zwilling, Arlene) |
| Filing 125 EXHIBITS by Linda Harley. Attachments to #117 Affidavit in Opposition to Motion filed by Linda Harley. Attachments: #1 Exhibit B2, #2 Exhibit C2, #3 Exhibit D2, #4 Exhibit E2 #5 Exhibit F2, #6 Exhibit G, #7 Exhibit G2, #8 Exhibit H, #9 Exhibit H2, #10 Exhibit I, #11 Exhibit I2 #12 Exhibit J, #13 Exhibit K, #14 Exhibit K2, #15 Exhibit L, #16 Exhibit L2, #17 Exhibit M, #18 Exhibit M2 #19 Exhibit N, #20 Exhibit N2, #21 Exhibit O, #22 Exhibit O2 - Part 1 of 2, #23 Exhibit O2 - Part 2 of 2, #24 Exhibit P, #25 Exhibit P2, #26 Exhibit Q, #27 Exhibit Q2 #28 Exhibit R, #29 Exhibit R2, #30 Exhibit S, #31 Exhibit T, #32 Exhibit U, #33 Exhibit U2, #34 Exhibit V, #35 Exhibit W, #36 Exhibit X, #37 Exhibit Y, #38 Exhibit Z (Ryan, Mary). |
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Filing 126
ORDERD that defts may (but are not required to) submit a supplemental reply by 1/31/12 to plaintiffs opposition to the motion for summary judgment, to address these exhibits. If defts do not wish to file a supplemental reply, they shall submit a letter on or before 1/31/12 indicating that they do not intendt to supplement their prior submissions.. Ordered by Judge Joseph F. Bianco on 1/6/2012. cm by chambers by fcm on 1/9/12 (Bollbach, Jean)
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| Filing 120 CERTIFICATE OF SERVICE by James McMullen, The Nassau County Police Department re #119 Reply to Response to Motion (Petillo, Diane) |
| Filing 119 REPLY to Response to Motion re #103 Notice of MOTION for Summary Judgment filed by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 118 Letter to notify the Court that Suffolk defendants do not intend to repy to summary judgment motion by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana (Zwilling, Arlene) |
| Filing 117 AFFIDAVIT/DECLARATION in Opposition re #114 MOTION to Dismiss pursuant to Rule 56.1 filed by Linda Harley. (Attachments: #1 certificate of service) (Bollbach, Jean) |
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Filing 116
ORDER granting #115 Motion for Extension of Time to File Plaintiff to file her opposition by 10/17/11 and defts shall file reply by 10/27/11. Ordered by Judge Joseph F. Bianco on 9/29/2011. (Bollbach, Jean)copy mailed to pro se by chamners
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| Filing 115 MOTION for Extension of Time to File opposition to defts motion for summary judgment by Linda Harley. (Bollbach, Jean) |
| Filing 114 MOTION to Dismiss pursuant to Rule 56.1 by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Attachments: #1 56.2, #2 Rule 56.1 Statement, #3 Affirmation, #4 Exhibit A B C, #5 Exhibit D E, #6 Affidavit of Service, #7 Memorandum in Support) (Zwilling, Arlene) |
| Filing 113 CERTIFICATE OF SERVICE by James McMullen, The Nassau County Police Department re #103 Notice of MOTION for Summary Judgment upon Pro Se Plaintiff via regular mail (Petillo, Diane) |
| Filing 112 EXHIBIT "L";"M";"N" by James McMullen, The Nassau County Police Department. Related document: #107 Affidavit in Support of Motion, filed by James McMullen, The Nassau County Police Department. (Attachments: #1 Exhibit, #2 Exhibit) (Petillo, Diane) |
| Filing 111 EXHIBIT "K" by James McMullen, The Nassau County Police Department. Related document: #107 Affidavit in Support of Motion, filed by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 110 EXHIBIT I5 (p.166-201) of Plaintiff's Deposition Transcript and Exhibit "J" by James McMullen, The Nassau County Police Department. Related document: #107 Affidavit in Support of Motion, filed by James McMullen, The Nassau County Police Department. (Attachments: #1 Exhibit) (Petillo, Diane) |
| Filing 109 EXHIBIT I3 (p.91-134); I4 (p.135-165) of Plaintiff's Deposition Transcript by James McMullen, The Nassau County Police Department. Related document: #107 Affidavit in Support of Motion, filed by James McMullen, The Nassau County Police Department. (Attachments: #1 Exhibit) (Petillo, Diane) |
| Filing 108 EXHIBIT I1 (p. 1-45) and I2 (p. 46-90) of Plaintiff's Deposition Transcript by James McMullen, The Nassau County Police Department. Related document: #107 Affidavit in Support of Motion, filed by James McMullen, The Nassau County Police Department. (Attachments: #1 Exhibit) (Petillo, Diane) |
| Filing 107 AFFIDAVIT/DECLARATION in Support re #103 Notice of MOTION for Summary Judgment filed by James McMullen, The Nassau County Police Department. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Petillo, Diane) |
| Filing 106 MEMORANDUM in Support re #103 Notice of MOTION for Summary Judgment filed by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 105 RULE 56.1 STATEMENT filed by James McMullen. (Petillo, Diane) |
| Filing 104 NOTICE by James McMullen re #103 Notice of MOTION for Summary Judgment re Nassau County Defendants' 56.2 Statement to Plaintiff (Petillo, Diane) |
| Filing 103 Notice of MOTION for Summary Judgment by James McMullen. (Petillo, Diane) |
| Filing 102 CERTIFICATE OF SERVICE by James McMullen, The Nassau County Police Department re #101 Answer to Amended Complaint served upon Pro Se Plaintiff via regular mail (Petillo, Diane) |
| Filing 101 Defendants' ANSWER to #83 Amended Complaint, by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
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ORDER granting #100 : The parties' may submit the joint pretrial order, if necessary, after Judge Bianco resolves the motion for summary judgment. The defendants are directed to notify the undersigned upon receipt of a decision. Ordered by Magistrate Judge Arlene R. Lindsay on 7/29/2011. c/ecf (Miller, Dina)
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| Filing 100 Letter MOTION for Extension of Time to File defendants request that the filing of the pretrial order be held in abeyance pending resolution of the summary judgment motions by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Zwilling, Arlene) |
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Filing 99
ORDER terminating #87 Motion for Pre Motion Conference; terminating #96 Motion for Pre Motion Conference; terminating #97 Motion for Pre Motion Conference. Pre-motion conf. requirement is waived. Defts shall submit motion by 8/19/11; pro se plaintiff submit response by 9/19/11; defts submit reply by 9/29/11. Ordered by Judge Joseph F. Bianco on 7/19/2011. (Bollbach, Jean)copy mailed by chambers
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ORDER denying as moot #95 : Plaintiff's motion for an extension of time to file a revised narrative statement is denied as moot. See Order dated 7/6/11. Defendants are directed to serve a copy of this order upon plaintiff by certified mail immediately upon receipt. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2011. c/ecf (Johnston, Linda)
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| Filing 98 CERTIFICATE OF SERVICE by James McMullen re #96 Letter MOTION for pre motion conference upon Pro Se Plaintiff via regualr mail (Petillo, Diane) |
| Filing 97 Letter MOTION for pre motion conference or permission to move pursuant to Fed. R. Civ. P. Rule 56 for summary judgment by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Zwilling, Arlene) |
| Filing 96 Letter MOTION for pre motion conference by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 95 MOTION for Extension of Time to File narrative statement by Linda Harley. (Attachments: #1 statement, #2 service) (Bollbach, Jean) |
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Filing 93
ORDER granting #92 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/6/2011. c/ecf (Johnston, Linda) Modified on 7/6/2011 to indicate that a copy has been mailed to plaintiff by cert mail rr #(Imrie, Robert).
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| Filing 94 SUMMONS Returned Executed by Linda Harley. The Nassau County Police Department served on 6/8/2011, answer due 6/29/2011. (Bollbach, Jean) |
| Filing 92 Letter MOTION to Compel plaintiff to serve and file her Revised Narrative Statement forthwith, and that defendants' times in which to file the pretrial order and initiate dispositive motions be extended pending her compliance by Sergeant Bouse, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Zwilling, Arlene) |
| Summons Issued re #83 amended complaint as to Bruce Blanco, The Nassau County Police Department. (Glueckert, Lisa) |
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Filing 91
ORDER: Upon the direction of the District Court, the Scheduling Order is revised as follows: All discovery, inclusive of expert discovery, must be completed by June 2, 2011. The plaintiff shall submit a revised narrative statement by June 16, 2011. The defendants shall submit the customary pretrial order by June 30, 2011. Any party planning on making a dispositive motion shall take the first step in the motion process by July 14, 2011. Ordered by Magistrate Judge Arlene R. Lindsay on 5/2/2011. c/m to pltf by cert mail #700928200001499349934839. (Imrie, Robert)
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Motions terminated: #74 Letter MOTION to Dismiss Plaintiff's Complaint pursuant to FRCP 37 filed by James McMullen, #75 Letter MOTION to Dismiss pursuant to the order of Magistrate Judge Lindsay issued January 14, 2011 (docket entry 71)Letter MOTION to Dismiss pursuant to the order of Magistrate Judge Lindsay issued January 14, 2011 (docket entry 71) filed by James McMullen, The Suffolk County Police Department, The Suffolk County Correction Department, Earl Strom, Sergeant Bouse, Matthew Decoteau, Capriola, Tramantana, Richard Pfeiffer, Rockford, Perigout, #72 Letter MOTION to Dismiss pursuant to FRCP 37 filed by James McMullen, #71 Letter MOTION to Dismiss pursuant to Rule 37 filed by The Suffolk County Police Department, Earl Strom, Sergeant Bouse, Tramantana, Capriola, Matthew Decoteau, Richard Pfeiffer, Jeffrey Klug, Rockford, Perigout. Motion denied, see docket entry 79. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/12/2011. (Nagiel, Svetlana)
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| Filing 90 ANSWER to #83 Amended Complaint, by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Zwilling, Arlene) |
| Filing 89 Minute Entry for proceedings held before Judge Joseph F. Bianco: Counsel for all sides present. Telephone Conference held on 3/25/2011 at 2:30 pm. (Tape #2:30-2:33.) (Padilla, Kristin) |
| Filing 88 CERTIFICATE OF SERVICE by James McMullen re #87 Letter MOTION for pre motion conference to dismiss Plaintiff's Amended Complaint upon Pro Se Plaintiff via regular mail (Petillo, Diane) |
| Filing 87 Letter MOTION for pre motion conference to dismiss Plaintiff's Amended Complaint by James McMullen. (Petillo, Diane) |
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Filing 86
ORDER granting #84 Motion to Appear by Telephone - Counsel should be permitted access toa land line during the deposition to contact the Court if necessary.. Ordered by Judge Joseph F. Bianco on 3/22/2011. (Bollbach, Jean)copy mailed by chambers
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| Filing 85 CERTIFICATE OF SERVICE by James McMullen, The Nassau County Police Department re #84 Letter Motion to Appear by Telephone upon Plaintiff via regular mail (Petillo, Diane) |
| Filing 84 Letter Motion to Appear by Telephone by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 83 AMENDED COMPLAINT against Bruce Blanco, Sergeant Bouse, Capriola, Matthew Decoteau, Jane Doe, John Doe, John Doe, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Nassau County Police Department, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana, filed by Linda Harley. (Bollbach, Jean) Modified on 3/28/2011 (Bollbach, Jean). |
| Motions terminated, docketed incorrectly: #83 MOTION for Leave to File / re-plead filed by Linda Harley. Document is actually Amended Complaint (Bollbach, Jean) |
| Incorrect Case/Document/Entry Information. document# 83 modifed to read as amended complaint and not a motion. (Bollbach, Jean) |
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Filing 82
ORDER granting #80 Motion for Extension of Time to File; granting #81 Motion for Extension of Time to File. Plaintiff shall file her amended complaint by March 7, 2011.. Ordered by Judge Joseph F. Bianco on 2/18/2011. (Bollbach, Jean) copy mailed by chambers
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| Filing 81 MOTION for Extension of Time to File / re-plead by Linda Harley. (Bollbach, Jean) |
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Filing 80
Letter MOTION for Extension of Time to File / replead as per order dtd. 12/30/11 by Judge Bianco by Linda Harley. (Bollbach, Jean)
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Filing 79
ORDERED as stated at the 2/1/11 conf, defts shall depose plaintiff on 3/25/11 at 11:00 am. Further ordered that if defts counsel has any concerns with plaintiffs conduct during the deposition, counsel sahll remain at the correctional facility and shall immediately contact chambers. Ordered by Judge Joseph F. Bianco on 2/2/2011. (Bollbach, Jean) Modified on 2/4/2011 to include that copy was mailed to pro se by chambers (Bollbach, Jean).
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| Filing 78 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 2/1/2011; deposition will take place on 3/25/11 (Court Reporter ftr 1:16 - 1:27.) (Bollbach, Jean) |
| Filing 77 CERTIFICATE OF SERVICE by James McMullen re #76 Order, Set Hearings upon Pro Se Plaintiff via regular mail (Petillo, Diane) |
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Filing 76
ORDER, ( Telephone Conference set for 2/1/2011 01:00 PM in Courtroom 920 before Judge Joseph F. Bianco.). Ordered by Judge Joseph F. Bianco on 1/24/2011. (Bollbach, Jean)copy mailed by chambers
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| Filing 75 Letter MOTION to Dismiss pursuant to the order of Magistrate Judge Lindsay issued January 14, 2011 (docket entry 71) by Sergeant Bouse, Capriola, Matthew Decoteau, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Attachments: #1 Exhibit A) (Zwilling, Arlene) |
| Filing 74 Letter MOTION to Dismiss Plaintiff's Complaint pursuant to FRCP 37 by James McMullen. (Attachments: #1 Exhibit) (Petillo, Diane) |
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ORDER re #71 #72 The Suffolk County Defendants' motion to dismiss and the Nassau County Defendants' motion to dismiss must be redirected to the District Judge in accordance with the district court's individual rules regarding such motion practice. Ordered by Magistrate Judge Arlene R. Lindsay on 1/14/2011. c/ecf (Johnston, Linda)
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| Filing 73 CERTIFICATE OF SERVICE by James McMullen re #72 Letter MOTION to Dismiss pursuant to FRCP 37 upon Plaintiff via regular mail (Petillo, Diane) |
| Filing 72 Letter MOTION to Dismiss pursuant to FRCP 37 by James McMullen. (Attachments: #1 Exhibit) (Petillo, Diane) |
| Filing 71 Letter MOTION to Dismiss pursuant to Rule 37 by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Police Department, Tramantana. (Attachments: #1 Exhibit A) (Zwilling, Arlene) |
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Filing 70
ORDER granting in part and denying in part #38 Motion to Dismiss. For the foregoing reasons, the Nassau County defts' motion to dismiss plaintiff's Amended Complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, is granted in part and denied in part. First, the motion to dismiss the claims against the Nassau County Police Dept is granted, but the claims are deemed to be asserted against the County of Nassau. Second, the motion to dismiss the claims against the County of Nassau is granted, but plaintiff is granted leave to amend her pleadings to correct the defects discussed above. Third, the motion to dismiss any Section 1985 claim against the Nassau County defts is granted. Finally, the motion to dismiss the other claims against deft McMullen is denied. If plaintiff wishes, she may file an amended complaint, within 45 days of this Memorandum and Order, attempting to re-assert a Monell claim against the County of Nassau and a Section 1985 claim against deft McMullen. CM. Ordered by Judge Joseph F. Bianco on 12/30/2010. (Glueckert, Lisa)
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Filing 69
ORDER denying #47 Motion to Appoint Counsel. IT IS HEREBY ORDERED that, for the reasons set forth in this Court's October 6, 2009 order, the motion for appointment of counsel is denied because plaintiff has not identified any changed circumstances that persuade the Court to reconsider the October 6 order. Specifically, plaintiff is fully capable of responding to the motion to dismiss by the Nassau County defts and, in fact, has submitted an affirmation in opposition to the motion. There is nothing complex about the factual allegations or the legal issues surrounding this litigation. Moreover, having considered the other reasons referenced in the renewed request for counsel, plaintiff has failed to identify a sufficient basis for appointment of counsel at this juncture. Accordingly, the renewed motion for appointment of counsel is denied, without prejudice to renewal at a later juncture in the litigation. CM. Ordered by Judge Joseph F. Bianco on 12/29/2010. (Glueckert, Lisa)
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| Filing 68 Writ of Habeas Corpus ad Prosequendum Issued as to Linda Harley for 12/17/2010. (Imrie, Robert) |
| Filing 67 APPLICATION for Writ of of Haveas Corpus Ad Testificandum requesting that the Court sign and issue. by Sergeant Bouse, Capriola, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana (Attachments: #1 Cover letter) (Zwilling, Arlene) |
| Filing 66 NOTICE of certified mail receipt returned #7005 1670 0007 5432 4895 signed and undtd (Bollbach, Jean) |
| Filing 65 CERTIFICATE OF SERVICE by Linda Harley re #64 Plaintiff's Narrative Statement. (Imrie, Robert) |
| Filing 64 Plaintiff's Narrative Statement (Imrie, Robert) |
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Filing 63
ORDER. See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 9/29/2010. c/ecf (Miller, Dina) c/m to plaintiff cert mail # 70001670000754324895. Modified on 9/30/2010 (Imrie, Robert).
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| Filing 62 Plaintiff's letter to the court dated 8/31/10. (Plaintiff is advised that discovery material is not to be filed with the court. Copy of docket sheet mailed to Plaintiff.) (Imrie, Robert) |
| Filing 61 CERTIFICATE OF SERVICE by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, Tramantana re #60 Order on Motion to Stay (Flynn, Susan) |
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Filing 60
ORDER re #58 #59 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/30/2010. c/ecf (Miller, Dina)
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| Filing 59 Letter requesting extension of time to file narrative statement by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana (Zwilling, Arlene) |
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ORDER terminating #57 Motion for Discovery. The document is a request for discovery. Discovery requests should not be filed with the court. Ordered by Magistrate Judge Arlene R. Lindsay on 8/9/2010. (Horbey, Eric)
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| Filing 58 Letter MOTION to Stay discovery by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Attachments: #1 Exhibit A and B) (Zwilling, Arlene) |
| Filing 57 MOTION for Discovery by Linda Harley. (Attachments: #1 Certificate of Service) (Bollbach, Jean) |
| Filing 56 Mail receipt (7005 1820 0004 0258 0664) addressed to Linda Harley. Signature illegible. Date of delivery 7/21/2010. (Glueckert, Lisa) |
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ORDER granting #55 : The plaintiff's narrative statement is due by July 20, 2010. Consistent with the the scheduling order, the court clarifies that the plaintiff is required to object or respond to the defendants' requests for documents and interrogatories within 30 days of receipt pursuant to Federal Rules of Civil Procedure 33 and 34. Ordered by Magistrate Judge Arlene R. Lindsay on 7/15/2010. (c/ecf-d, c/cmrr-p 7005 1820 0004 0258 0664) (Warshaw, Aaron)
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| Filing 55 Letter MOTION for Extension of Time to Complete Discovery by Linda Harley. (Horbey, Eric) |
| Filing 54 Mail receipt 7000 1670 0007 5432 5151 dtd. and signed 5/26/10 (Bollbach, Jean) |
| Filing 53 Mail receipt 7005 1820 0004 0294 3032 dtd. 4/28/10 and 4/30/10 (Bollbach, Jean) |
| Filing 52 REPLY to Response to Motion re #38 Notice of MOTION to Dismiss filed by James McMullen, The Nassau County Police Department. (Attachments: #1 Certificate of Service Proof of Service upon Plaintiff by Mail) (Ben-Sorek, Liora) |
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Filing 51
SCHEDULING ORDER: In light of the plaintiff's incarcerated status, the initial conference is canceled and the attached schedule is so ordered. Ordered by Magistrate Judge Arlene R. Lindsay on 5/25/2010. c/ecf-d, c/cmrr-p #7000 1670 0007 5432 5151 (Horbey, Eric)
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| Filing 50 Letter responding to order dated May 24, 2010 by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana (Zwilling, Arlene) Modified on 5/24/2010 to correct filer information (Brienza, Lauren). |
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Filing 49
Initial Conference ORDER: Please see attached. Ordered by Magistrate Judge Arlene R. Lindsay on 5/24/2010. c/ecf-d, c/cmrr-p #7000 1670 0007 5492 5151 (Horbey, Eric)
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| Filing 48 AFFIRMATION in opposition to motion (Bollbach, Jean) |
| Filing 47 MOTION to Appoint Counsel by Linda Harley. (Bollbach, Jean) |
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Filing 46
ORDERED that plaintiffs opposition is due 5/13/10 and defts moving papers are now due 5/27/10. Ordered by Judge Joseph F. Bianco on 4/28/2010. (Bollbach, Jean)
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| Filing 45 Letter dtd. 4/21/10 from plaintiff to Judge Bianco RE: would like to apologize again to you Honor. (Bollbach, Jean) |
| Filing 44 SUMMONS Returned Executed by Linda Harley. Earl Strom served on 3/10/2010, answer due 3/31/2010. (Bollbach, Jean) |
| Filing 43 SUMMONS Returned Executed by Linda Harley. Richard Pfeiffer served on 2/22/2010, answer due 3/15/2010. (Bollbach, Jean) |
| Filing 42 SUMMONS Returned Executed by Linda Harley. Bruce Blanco served on 2/22/2010, answer due 3/15/2010. (Bollbach, Jean) |
| Filing 41 CERTIFICATE OF SERVICE by James McMullen, The Nassau County Police Department re #39 Declaration, #38 Notice of MOTION to Dismiss, #40 Memorandum in Support via regular mail on Pro Se Plaintiff (Petillo, Diane) |
| Filing 40 MEMORANDUM in Support re #38 Notice of MOTION to Dismiss filed by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 39 DECLARATION re #38 Notice of MOTION to Dismiss by James McMullen, The Nassau County Police Department (Attachments: #1 Exhibit) (Petillo, Diane) |
| Filing 38 Notice of MOTION to Dismiss by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 37 Letter dtd. 1/25/10 from plaintiff to Court RE: enclosing addresses that were requested. Bruce Blanco Shield 4040 Currently employed at the 6th precint, prior precint 4th Unit 907, Suffolk County Police Dept William Floyd Parkway Shirley NY and Detective Earl Stroman (Strom) 6th Precinct - both of above are being represented by Brian C Mitchell Asst County Atty Dept of Law Suffolk County PO Box 6100 Happauge, NY 11788-00999 (Bollbach, Jean) |
| Filing 36 Letter in response to order dated February 8, 2010 (document 34) by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana (Zwilling, Arlene) |
| Filing 33 ANSWER to Complaint, by Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Zwilling, Arlene) |
| Summons Reissued as to Earl Strom. (Glueckert, Lisa) |
| Filing 35 SUMMONS Returned Executed by Linda Harley. Rockford served on 1/12/2010, answer due 2/2/2010., Summons Returned Unexecuted by Linda Harley as to Detective Earl Strom (Bollbach, Jean) |
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Filing 34
ORDER granting permission to file #29 Motion to Dismiss; denying #20 Motion to Appoint Counsel ; denying #27 Motion to Appoint Counsel ; denying #27 Motion to Amend/Correct/Supplement. ORDERED that Nassau County defts motion to dismiss shall be filed by 3/12/10; plaintiff to file her response by 4/16/10; and Nassau County defts file reply by 4/30/10; FURTHER ORDERED that Suffolk County Attys Office shall notify the court in writing by 2/15/10 whether it is representing Officer Bruce Blanco in this action. Ordered by Judge Joseph F. Bianco on 2/8/2010. (Bollbach, Jean)
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| Filing 32 Letter in response to Court's Order of January 21, 2010 by Sergeant Bouse, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, Tramantana (Zwilling, Arlene) |
| Summons Reissued as to Bruce Blanco. (Glueckert, Lisa) |
| Filing 30 CERTIFICATE OF SERVICE by James McMullen, The Nassau County Police Department re #29 Letter MOTION to Dismiss pursuant to FRCP 12 (b)(6) served on Plaintiff via regular mail (Petillo, Diane) |
| Filing 29 Letter MOTION to Dismiss pursuant to FRCP 12 (b)(6) by James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Filing 31 Letter from Linda A. Harley to Clerk of the Court dated 1/25/2010 enclosing addresses/ counsel for defts. (Glueckert, Lisa) |
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Filing 28
ORDER - see document for full details terminating #24 Motion to Dismiss; terminating #26 Motion to Dismiss. Ordered by Judge Joseph F. Bianco on 1/21/2010. (Bollbach, Jean)
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| Filing 27 Letter MOTION to Appoint Counsel, MOTION to Amend/Correct/Supplement complaint by Linda Harley. (Bollbach, Jean) |
| Filing 26 Letter MOTION to Dismiss Plaintiff's complaint by Sergeant Bouse, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, Tramantana. (Mitchell, Brian) |
| Filing 25 Letter dtd. 1/20/10 from pro se paralegal to Linda Harley RE: plesae provide address for deft Bruce Blanco as soon as possible in order for us to effectuate service (Bollbach, Jean) |
| Filing 24 Letter MOTION to Dismiss Plaintiff's Complaint by Capriola, James McMullen, The Nassau County Police Department. (Petillo, Diane) |
| Summons Reissued as to Sergeant Bouse, Matthew Decoteau, Richard Pfeiffer. (Glueckert, Lisa) |
| Filing 23 SUMMONS Returned Executed by Linda Harley. Jeffrey Klug served on 12/7/2009, answer due 12/28/2009; Perigout served on 12/7/2009, answer due 12/28/2009; The Suffolk County Correction Department served on 12/2/2009, answer due 12/23/2009; The Suffolk County Police Department served on 12/3/2009, answer due 12/24/2009; Tramantana served on 12/3/2009, answer due 12/24/2009. And notice only to Head of Suffolk County Police Dept 12/3/09 (Bollbach, Jean) |
| Filing 22 Summons Returned Unexecuted by Linda Harley as to Bruce Blanco, Sergeant Bouse, Matthew Decoteau, Richard Pfeiffer. (Bollbach, Jean) |
| Filing 21 NOTICE - document 7 filed 10/6/09 concerning the omittance of Sergeant Bouse as one of the litigants - he should be named a deft. (Bollbach, Jean) |
| Filing 20 MOTION to Appoint Counsel and postponement of pre-motion conf. set for 12/8/09 by Linda Harley. (Bollbach, Jean) |
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Filing 19
ORDERED that plaintiff shall file an application for appointed counsel and an amended complaint by 12/31/09. By January 15, 2010, defts shall notify the court if after reviewing the amended complaint they intend to move to dismiss. Suffolk County Attys Office shall also notify the court by 1/15/10 as to whether it is representing deft Blanco.. Ordered by Judge Joseph F. Bianco on 12/9/2009. (Bollbach, Jean)
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| Filing 18 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 12/9/2009; case called; amended complaint is due by 12/31/09. Mr. Mitchell and ms Miller ate to submit a letter to the court by 1/15/10 (Court Reporter FTR 11:43 - 11:51.) (Bollbach, Jean) |
| Filing 17 CERTIFICATE OF SERVICE by Capriola, James McMullen, The Nassau County Police Department re #16 Notice of Appearance on Plaintiff via regular mail (Petillo, Diane) |
| Filing 16 NOTICE of Appearance by Diane C. Petillo on behalf of Capriola, James McMullen, The Nassau County Police Department (aty to be noticed) (Petillo, Diane) |
| Filing 15 SUMMONS Returned Executed by Linda Harley. Capriola served on 11/2/2009, answer due 11/23/2009; James McMullen served on 11/2/2009, answer due 11/23/2009; The Nassau County Police Department served on 11/2/2009, answer due 11/23/2009. Notice only as to Head of Nassau County Police Dept on 11/2/09, Suffolk County Atty on 11/2/09 and Nassau County on 11/2/09 (Bollbach, Jean) |
| Filing 14 AFFIDAVIT of Service for Order Granting Premotion Conference served on Linda Harley and Brian Mitchell, Esq. on November 23, 2009, filed by Capriola, James McMullen, The Nassau County Police Department. (Miller, Esther) |
| Filing 13 AFFIDAVIT of Service for Letter Requesting Premotion Conference served on Linda Harley and Brian Mitchell, Esq. on November 18, 2009, filed by Capriola, James McMullen, The Nassau County Police Department. (Miller, Esther) |
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ORDER granting #11 Motion for Pre Motion Conference. Ordered by Judge Joseph F. Bianco on 11/19/2009. (Bollbach, Jean)
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Filing 12
ORDERED that previously scheduled 12/8/09 phone conf. will cover both the Nassau County and Suffolk County's proposed motions to dismiss. Suffolk County shall initiate the call.. Ordered by Judge Joseph F. Bianco on 11/19/2009. (Bollbach, Jean)
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| Filing 11 Letter MOTION for pre motion conference on December 8 at 4:45 by Capriola, James McMullen, The Nassau County Police Department. (Miller, Esther) |
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Filing 10
ORDER granting #9 Motion for Pre Motion Conference. Telephone Conf. date 12/8/09 at 4:45. Ordered by Judge Joseph F. Bianco on 11/12/2009. (Bollbach, Jean)
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| Set/Reset Hearings: Telephone Conference set for 12/8/2009 04:45 PM before Judge Joseph F. Bianco. (Bollbach, Jean) |
| Filing 9 Letter MOTION for pre motion conference by Sergeant Bouse, Matthew Decoteau, Jeffrey Klug, Perigout, Richard Pfeiffer, Rockford, Earl Strom, Tramantana. (Mitchell, Brian) |
| Filing 8 Prisoner Account Statement, Prisoner Authorization received from Business Office of Bedford Hills Correctional Facility (Bollbach, Jean) |
| Summons Issued as to Bruce Blanco, Sergeant Bouse, Capriola, Matthew Decoteau, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Nassau County Police Department, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana. (Glueckert, Lisa) |
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Filing 7
ORDER granting in forma pauperis and denying application for appointed counsel. The clerk of the court is directed to cause the US Marshal to serve copies of summons, complaint and this order upon defts without prepayments of fees. The clerk of court shall mail a copy of this order and plaintiffs authorization form to the superintendent of facility in which plaintiff is incarcerated. The superintendent shall forward to the court copy of trust fund account for 6 months immediately preceding complaint and deduct those amounts and disburse them to the clerk of court. The Warden or Superintendent shall not deduct more than 20%.. Ordered by Judge Joseph F. Bianco on 10/6/2009. (Bollbach, Jean)
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| Filing 6 Letter dtd. 7/21/09 from pro se paralegal to Ms. Harley RE: this will acknowledge receipt of your case which was transferred for USDC S.D New York. (Bollbach, Jean) |
| (SEE DOCUMENT #5 Complaint filed in SD on 6/25/09 )COMPLAINT against Bruce Blanco, Sergeant Bouse, Capriola, Matthew Decoteau, Jane Doe, John Doe, John Doe, Jeffrey Klug, James McMullen, Perigout, Richard Pfeiffer, Rockford, Earl Strom, The Nassau County Police Department, The Suffolk County Correction Department, The Suffolk County Police Department, Tramantana, filed by Linda Harley. (Bollbach, Jean) Modified on 12/8/2009 (Bollbach, Jean). |
| Filing 5 Case transferred in from District of SDNY; Case Number 09-cv-5826. Original file with documents numbered 1-4, certified copy of transfer order and docket sheet received., filed by Linda Harley. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Docket sheet, #4 Application for Appointment of Counsel, #5 IFP Motion, #6 Prisoner Authorization) (Romano, Daniel) |
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