Kamparosyan et al v. City of New York et al
Plaintiffs Nicholas R. Kamparosyan and Telemak E. Kamparosyan allege that security guards physically abused them and members of the New York Police Department falsely arrested them while they were attending a New York Mets baseball game at Shea Stadium.
| Nicholas R. Kamparosyan and Telemak E. Kamparosyan |
| City of New York, Milton Russi, Terrence Rooney, Thomas Loeffel, Sterling Mets L.P., Kevin Anderson, Trevor "Doe" and John Does 1-8 |
| 1:2007cv02691 |
| July 3, 2007 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Carol B. Amon |
| Ramon E. Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 64
ORDER granting Application for Leave to File documents under seal, documents 49, 50, 51, 52, 53, 55, 56 ORDERED SEALED and MAY NOT BE UNSEALED UNLESS ORDERED BY THE COURT. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/3/2011. (Vertus, Miriam)
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Filing 63
STIPULATION AND ORDER of Settlement and Dismissal: It is hereby Stipulated and Agreed by and between the undersigned, the above-referenced action is hereby dismissed, with prejudice, and Dft City of New York hereby agrees to pay Pltff Nicholas Kamparosyan $11,500.00 in full satisfaction of all claims, including claims for costs, expenses and attorney fees. Dft City of New York hereby agrees to pay Pltff Telemak Kamparosyan $11,250.00 in full satisfaction of all claims, including claims for costs, expense and attorney fees. Ordered by Judge Carol B. Amon on 1/28/2010. See attached for further details. (Abdallah, Fida)
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| Filing 62 STIPULATION of Dismissal and Settlement by City of New York, Thomas Loeffel, Terrence Rooney, Milton Russi (Saleem, Afsaan) |
| Filing 61 STIPULATION OF DISMISSAL: It is hereby Stipulated and Agreed, by and among counsel for all parties, that the above-entitled action, including all cross claims, after having been amicably resolved by and among the parties, is hereby dismissed with prejudice, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Ordered by Judge Carol B. Amon on 1/22/2010. (Abdallah, Fida) |
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ORDER granting 59 Motion for Extension of Time to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/8/2010. (Reyes, Ramon)
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ORDER granting 58 Motion for Hearing; ( Settlement Conference set for 12/15/2009 at 2:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr.) (Vertus, Miriam)
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ORDER re Order on Motion for Extension of Time to File stipulation of settlement due no later than 12/16/2009. The Final Pretrial Conference set for12/14/2009 is adjourned sine die. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/9/2009. (Vertus, Miriam)
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ORDER granting 57 Motion for Extension of Time to File. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/4/2009. (Reyes, Ramon)
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ORDER granting 54 Motion to Adjourn Conference; granting 54 Motion for Extension of Time to Complete Discovery until November 30, 2009; granting 54 Motion for Discovery to Complete Depositions as Scheduled Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/29/2009. (Kornikova, Anna)
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| NOTICE re 52 Letter, 53 Letter. After considering the parties' arguments in reply, the Court adheres to its prior ruling 51 . (Reyes, Ramon) |
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Filing 46
ORDER granting 44 Motion to Compel. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/31/2009. (Reyes, Ramon)
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ORDER granting 41 Motion for Extension of Time to File Response/Reply. Discovery responses due by 7/17/2009. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/8/2009. (Reyes, Ramon)
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ORDER denying 39 Motion for Reconsideration. The Sterling defendants have failed to cite to any facts or controlling law which the Court overlooked in deciding the motion to compel. Accordingly, the motion to reconsider is denied. All documents in response to plaintiffs' requests must be produced by July 10, 2009. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/26/2009. (Reyes, Ramon)
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ORDER granting in part and denying in part 35 Motion for Reconsideration. Motion granted to the extent the relevant requests are limited as agreed by plaintiffs in 36 . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/22/2009. (Reyes, Ramon)
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ORDER re 34 Letter filed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. The Court will treat 34 as a motion to compel. The motion is granted with respect to document requests 15, 16, 17, 18, 32, 33, 36, and 38 (with respect to the City defendants). All of these requests call for the production of relevant documents, or are likely to lead to the discovery of admissible evidence. The City defendants objections to the requests are not well-founded. The document requests are also consistent with this Courts decision in Frails v. City of New York, 236 F.R.D. 116 (E.D.N.Y. 2006). The motion is denied with respect to document requests 34, 42, and 43. Document request 34 calls for information which does not appear to be relevant, or likely to lead to the discovery of admissible evidence. The number of arrests made by each of the individual defendants is of little, if any, relevance to plaintiffs claims. Since the City defendants do not maintain the information requested by document requests 42 and 43 broken down by officer, the requests are unduly burdensome. Also, plaintiffs are able to search publicly available databases, including ECF, to find such information. For the same reasons cited above, the motion to compel is granted with respect to document requests 15, 16, 33, 35, 37, and 38 (with respect to the Sterling defendants). The motion is denied with respect to document request 44 as plaintiffs are able to obtain such information from publicly available databases. In light of the fact that plaintiffs have alleged negligent hiring, training, and retention against the Sterling defendants, the motion to compel is granted in part with respect to document requests 3-7 of Plaintiffs Second Discovery Demands. Fiacco v. City of Rensselaer, 783 F.2d 319, 328 (2d Cir. 1986). The Sterling defendants attempt to distinguish Fiacco is unpersuasive. The Court will, however, limit the relevant period in these requests to April 1, 2005 to the present. The parties are directed to submit a proposed stipulated protective order no later than 6/24/09. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/17/2009. (Reyes, Ramon)
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ORDER granting 33 Motion for Extension of Time to File Joint Letter due by June 15, 2009. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/3/2009. (Vertus, Miriam)
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ORDER denying 26 Motion for Discovery. Federal Rule of Civil Procedure 26(c) provides that the Court may, for good cause, issue an order... specifying terms, including time and place, for the disclosure of discovery.... Plaintiffs argue that good cause exists because if defendants have an opportunity to review the videotape before they are deposed, they will be able to tailor their deposition testimony to conform to the video, thereby preventing the plaintiff from obtaining their unrefreshed recollections and nullifying the impeachment value of the video. Conclusory allegations that a party might tailor its testimony to conform with previously recorded statements do not rise to the level of cause needed to warrant a protective order. See Costa v. AFGO Mechanical Servs., Inc., 237 F.R.D. 21 (E.D.N.Y. 2006) (broad and conclusory allegations without specific examples or reasoning does not constitute good cause); Rofail v. United States, 227 F.R.D. 53, 57 (E.D.N.Y. 2005) (same); Jerolimo v. Physicians for Women, P.C., 238 F.R.D. 354 (D. Conn. 2006) (same). In the absence of a specific showing, there is simply no reason to assume that a party will lie during the course of his or her testimony. Accordingly, plaintiffs motion for a protective order is denied. Plaintiffs are hereby directed to produce a copy of the videotape to defendants by 3/12/2009. For the same reasons, defendants are also directed to produce a copy of the audiotape to plaintiffs by 3/12/2009. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/5/2009. (Rodriguez, Adam)
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ORDER granting 27 Motion for Discovery. Time to serve extended until two weeks after the addresses are produced. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/4/2009. (Rodriguez, Adam)
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ORDER re 25 Letter. The Court hereby directs the parties to produce the following for in camera review: (1) Plaintiff shall produce a CD-Rom containing the video of the alleged incident; (2) Defendants shall produce a CD-Rom containing the audio of the alleged incident. These CDs must be delivered to Judge Reyes' chambers by 5:00 p.m. on 3/4/2009 (TOMORROW). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/3/2009. (Rodriguez, Adam)
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ORDER re 25 Letter. Response due 2/27/09. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/24/2009. (Rodriguez, Adam)
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SCHEDULING ORDER: Close of Discovery due by 10/30/2009. Initial disclosures due on 2/13/09; Service on individual defendant's due on 2/27/09. In person Final Pretrial Conference set for 11/5/2009 @10:00 AM before Magistrate Judge Ramon E. Reyes Jr., In person Status Conference set for 8/6/2009 @10:30 AM in Courtroom A North before Magistrate Judge Ramon E. Reyes Jr.Plaintiff's counsel will initiate the call Telephone Conference set for 5/8/2009 @10:30 AM before Magistrate Judge Ramon E. Reyes Jr.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/27/2009. (Vertus, Miriam)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 1/27/2009. Appearances: Kennisha Austin, Esq & Matthew Brinckerhoff, Esq. for plaintiffs, Afsaan Saleem for defendants Police Officer Milton Russi, Terrence Rooney and Lieutenant Thomas Loeffel. Jarett Warner,Esq and Carla Varela for defendant Sterling Mets L.P. Discussions held. Scheduling order verbally entered on the record. Letters on video/audio tape issues due on 2/20/09; Responses due by 2/27/09.(ESR/Tape #10:50:50 -11:27:12.) (Vertus, Miriam) Modified on 2/23/2009 (Vertus, Miriam). |
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SCHEDULING ORDER:In person Status Conference set for 1/27/2009 @10:15 AM in Courtroom A North before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/20/2009. (Vertus, Miriam)
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ORDER LIFTING STAY. Underlying Criminal Proceeding are resolved. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/18/2008. (Vertus, Miriam)
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ORDER granting re 21 Letter filed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/18/2008. (Vertus, Miriam)
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STATUS REPORT ORDER: Stay continued. Further Status Report due by 12/17/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/17/2008 (Rivera, Marta)
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STATUS REPORT ORDER: Stay continued. Joint Status Report due by 11/17/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/27/2008. (Rivera, Marta)
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STATUS REPORT ORDER: Further joint Status Report due by 9/26/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/12/2008. (Rivera, Marta)
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STATUS REPORT ORDER: Further Status Report due by 6/23/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/20/2008. (Vertus, Miriam)
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STATUS REPORT ORDER: Further joint status report due by 5/23/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 4/10/2008. (Rivera, Marta)
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STATUS REPORT ORDER: Further joint Status Report due by 4/11/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/27/2008. (Rivera, Marta)
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STATUS REPORT ORDER: Further joint Status Report due by 3/31/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/12/2008. (Rivera, Marta)
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STATUS REPORT ORDER: Further joint Status Report due by 2/15/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/3/2008. (Vertus, Miriam)
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STATUS REPORT ORDER: A joint Status Report due by 1/3/2008. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/07. (Vertus, Miriam)
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ORDER granting 8 Motion for Discovery. Plaintiffs' motion is granted to the extent that plaintiffs' time to serve the defendants is extended to thirty days after the last known addresses of all individual defendants are disclosed in discovery. Defendants are hereby ordered to serve their initial disclosures, which will disclose the last known addresses of the individual defendants, no less than thirty days after serving their answers or otherwise responding to the complaint. The parties are ordered to submit a joint status report within five business days of the conclusion of the underlying criminal case. Ordered by JudgeRamon E. Reyes Jr. on 10/15/07. (Reyes, Ramon)
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| Filing 8 MOTION for Discovery to Obtain Address of Defendant Anderson for Service by all plaintiffs. (Rosenfeld, Katherine) |
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SCHEDULING ORDER: re 8 MOTION for Discovery to Obtain Address of Defendant Anderson for Service. Telephone Conference set for 10/15/2007 11:00 AM; call to be initiated by plaintiff's counsel before Magistrate-Judge Ramon E. Reyes Jr. Ordered by Judge Ramon E. Reyes Jr. on 10/11/2007. (Warshaw, Aaron)
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ORDER granting 7 Motion to Stay of the above-referenced civil rights action pending the resolution of plaintiff's court criminal prosecution. The defendants are permitted thirty (30) days from the time the stay is lifted to answer or otherwise respond to the complaint. Ordered by JudgeRamon E. Reyes Jr. on 9/13/07. (Vertus, Miriam)
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| Filing 7 First MOTION to Stay by City of New York. (Tann, Sabrina) |
| Filing 6 SUMMONS Returned Executed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. City of New York served on 8/27/2007, answer due 9/17/2007. (Rosenfeld, Katherine) |
| Filing 4 SUMMONS Returned Executed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. Milton Russi served on 9/5/2007, answer due 9/25/2007. (Rosenfeld, Katherine) |
| Filing 3 SUMMONS Returned Executed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. Thomas Loeffel served on 9/5/2007, answer due 9/25/2007. (Rosenfeld, Katherine) |
| Filing 2 SUMMONS Returned Executed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. Sterling Mets L.P. served on 9/5/2007, answer due 9/25/2007. (Rosenfeld, Katherine) |
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SCHEDULING ORDER:Initial Conference set for 11/7/2007 @10:00 AM in Courtroom A, North Wing before Magistrate-Judge Ramon E. Reyes Jr. All counsel must be present, adhere to Judge Reyes' Individual Practice Rules, and bring a completed Case Management Plan to the scheduled conference. Plaintiffs counsel is directed to confirm with defendants counsel that all necessary participants are aware of this conference. Absent exigent circumstances, requests for adjournment will not be considered unless made in writing and received at least forty-eight(48) hours before a scheduled conference. Ordered by Judge Ramon E. Reyes Jr. on 8/15/07. (Vertus, Miriam)
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| Filing 1 COMPLAINT against Kevin Anderson, Trevor "Doe", John Does 1-8, City of New York, Milton Russi, Terrence Rooney, Thomas Loeffel, Sterling Mets L.P. $ 350, filed by Nicholas R. Kamparosyan, Telemak E. Kamparosyan. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) |
| Summons Issued as to Kevin Anderson, Trevor "Doe", John Does 1-8, City of New York, Milton Russi, Terrence Rooney, Thomas Loeffel, Sterling Mets L.P.. (Bowens, Priscilla) |
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