Haley v. Federal Bureau of Investigation et al
| Patty Lee Haley |
| Special Agent Robert L. Moore, Federal Bureau of Investigation, Three Unknown Agents of NY F.B.I., One Unknown Agent of Co. Spgs. F.B.I., Three Unknown Employees of N.Y.R.A., Janice M. Sivillo of Forum Staffing Services and Sergeant James J. Skopek |
| Special Agent Nancy K. Csoka |
| 1:2010cv00739 |
| February 19, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M Cogan |
| James Orenstein |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 38 MANDATE of USCA as to #34 Notice of Interlocutory Appeal filed by Patty Lee Haley. It is Ordered that the Appellant's motion to withdraw his appeal is granted. Issued as mandate on 10/6/10. (Gonzalez, Mary) |
| Filing 37 CLERK'S JUDGMENT dated 9/21/10 that plaintiff's motion to dismiss the complaint under Fed.R.Civ.P 41(a)(2) is granted; and that pursuant to 28:1915(a)(3) any appeal from the Court's Order would not be taken in good faith. ( Ordered by Robert C.Heinemann, Clerk of Court on 9/21/2010 ) c/m (Guzzi, Roseann) |
Filing 36
ORDER, This motion is deemed made under FRCP 419a)(2) and #35 Motion to Dismissis granted. The Clerk is directed to close this case. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this order would not be taken in good faith. (Ordered by Judge Brian M. Cogan on 9/21/2010) c/m Fwd. for Judgment. (Galeano, Sonia)
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| Filing 35 Letter MOTION to Dismiss Complaint, filed by Patty Lee Haley. (Manuel, Germaine) |
| Filing 34 NOTICE OF INTERLOCUTORY APPEAL as to #31 Order, by Patty Lee Haley. No fee paid. IFP denied for the purpose of an appeal. Service done electronically. (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals #34 Notice of Interlocutory Appeal. Please note: The documents in this case are online and may be downloaded. (McGee, Mary Ann) |
| Filing 33 Letter informing the Court that the cross-claims against co-defendants Moore and Csoka are voluntarily dismissed, without prejudice, pursuant to Fed. R. Civ. P. 41(c)(1) by James J. Skopek (Ben-Sorek, Liora) |
| Filing 32 NOTICE by Nancy K. Csoka, Robert L. Moore of Defendants' Statement of Facts and Lists of Witnesses and Exhibits Pursuant to the Court's July 22, 2010 Order (Attachments: #1 Exhibit A-F) (Matthews, Gail) |
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Filing 31
ORDER re #30 Letter, #27 Order on Motion for Recusal. Plaintiff has failed to show that the Magistrate Judge's decision was erroneous or contrary to law, or to put forth specific facts or evidence that would cause "an objective, disinterested observer fully informed of the underlying facts," or a "reasonable person, knowing all the facts" to question Judge Orenstein's impartiality. Plaintiff's objections to the Order of the Magistrate Judge are therefore overruled. Ordered by Judge Brian M. Cogan on 9/1/2010. C/M by chambers. (Manuel, Germaine)
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ORDER -- At the plaintiff's request, the conference previously scheduled for September 20, 2010, is adjourned to November 4, 2010, at 2:00 p.m. I direct counsel for the federal defendants to provide a copy of this order to the plaintiff by certified mail. Ordered by Magistrate Judge James Orenstein on 8/30/2010. (Scott-Hayward, Christine)
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| Filing 30 Letter dated 8/27/10 from Patty Lee Haley to Clerk of the Court, re: Motion to Reconsider Recusal of Justice Orenstein and Motion to Postpone "Discovery Meeting" scheduled for 9/20/10 until 11/2010. (Galeano, Sonia) |
| Filing 29 SUMMONS Returned Executed by Patty Lee Haley. James J. Skopek served on 8/9/2010, answer due 8/30/2010. (Galeano, Sonia) |
| Filing 28 TRANSCRIPT of Proceedings held on 7/22/10, before Judge Orenstein. Court Transcriber TRANSCRIPTION PLUS II, Telephone number 516-358-7352. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2010. Redacted Transcript Deadline set for 9/23/2010. Release of Transcript Restriction set for 11/22/2010. (Hong, Loan) |
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Filing 27
MEMORANDUM AND ORDER denying #26 Motion for Recusal -- for the reasons set forth in the attached document, I deny plaintiff Patty Lee Haley's motion to disqualify me. I direct the defendants' counsel to provide a copy of the attached memorandum and order to plaintiff Haley no later than August 23, 2010. Ordered by Magistrate Judge James Orenstein on 8/18/2010. (Orenstein, James)
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| Filing 26 Letter MOTION for Recusal of Magistrae Judge James Orenstein, filed by Patty Lee Haley. (Manuel, Germaine) |
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ORDER granting #25 Motion for Extension of Time to File -- The motion is granted. The deadline for all defendants to submit their written narrative statement is extended to September 10, 2010. In addition, the deadline for Defendants Moore and Csoka to respond to Defendant Skopek's cross claim is extended to September 15, 2010. I direct the defendants to provide a copy of this order to the plaintiff by certified mail immediately. If the plaintiff objects to the extension, she may seek reconsideration by submitting a letter of no more than two pages no later than three days after receiving a copy of this order. In the future, any party seeking relief must first attempt to secure the opposing party's consent; failure to do so will result in the denial of the request without prejudice to renewal after seeking such consent. Ordered by Magistrate Judge James Orenstein on 8/16/2010. (Sussman, Dana)
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| Filing 25 Letter MOTION for Extension of Time to File Defendants' Written Narrative Statement and Supporting Exhibits by Nancy K. Csoka, Robert L. Moore. (Matthews, Gail) |
| Filing 24 Letter dated 8/4/2010 from pro se Patty Lee Haley to Judge Orenstein, in response to the Court's #23 Order dated 7/22/2010. (Latka-Mucha, Wieslawa) |
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Filing 23
SCHEDULING ORDER: Plaintiff's written narrative, with exhibit list, copies of exhibits, witness list, and summary of witness testimony to be served and filed by August 5, 2010. Each defendant's written narrative, with exhibit list, copies of exhibits, witness list, and summary of witness testimony to be served and filed by August 19, 2010. Status conference: September 20, 2010, at 2:00 p.m. I direct the federal defendants' counsel to provide a copy of the attached order to the plaintiff. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/22/2010. (Orenstein, James)
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| Filing 22 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 7/22/2010. SCHEDULING: The next status conference will be held on September 20, 2010, at 2:00 p.m. THE FOLLOWING RULINGS WERE MADE: (1) The plaintiff, having obtained the identities of the law enforcement officials who conducted the search at issue in this case, consented to dismiss her claims against defendants Janice M. Sivillo and the Three Unknown Employees of N.Y.R.A. I respectfully recommend that the court deem that consent to be a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and accordingly order that part of the Amended Complaint dismissed. (2) With the parties' consent, I will enter a case management and scheduling order that contemplates simplified discovery procedures to accommodate the fact that the plaintiff is representing herself. (3) At the next conference, I will expect each party to be prepared to discuss any remaining need for information from any other party. (4) I direct counsel for the federal defendants to provide a copy of this order to the plaintiff. (Orenstein, James) |
| Filing 21 Proposed Scheduling Order (proposed Joint Discovery Plan) by Nancy K. Csoka, Patty Lee Haley, Robert L. Moore, James J. Skopek, Three Unknown Employees of N.Y.R.A. (Ben-Sorek, Liora) |
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Filing 19
SCHEDULING ORDER: An Initial Conference is scheduled for July 22, 2010, at 10:30 AM in Courtroom 11D South before Magistrate Judge James Orenstein. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 6/28/2010. (Guy, Alicia)
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| Filing 20 Letter dated 6/22/10 from plaintiff Patty Lee Haley to Hon. Brian M. Cogan in response to: 1) "Answer on Behalf of Nancy K. Csoka and Robert L. Moore" from Loretta E. Lynch, Attorney for Federal Defendants, dated 6/14/10; and, 2) the 15 "Answer" received from Sergeant James J. Skopek to plaintiff's 4 "Amended Complaint". Plaintiff asks the Court to not dismiss this case. Attached is a copy of an article entitled, "Area attorney appears before Supreme Court." (Manuel, Germaine) (Entered: 07/15/2010) |
| Filing 17 SUMMONS Returned Executed on behalf of Patty Lee Haley. Nancy K. Csoka served on 6/4/2010, answer due 8/3/2010; Robert L. Moore served on 6/4/2010, answer due 8/3/2010. Receipts for courtesy copies tendered to the U.S. Attorney General and the U.S. Attorney, E.D.N.Y., attached. (Manuel, Germaine) |
| Filing 16 CERTIFICATE OF SERVICE by James J. Skopek re #15 Answer to Amended Complaint, Crossclaim (upon Plaintiff) (Ben-Sorek, Liora) |
| Filing 15 ANSWER to #4 Amended Complaint,, CROSSCLAIM against Nancy K. Csoka, Robert L. Moore, Three Unknown Employees of N.Y.R.A. by James J. Skopek. (Ben-Sorek, Liora) |
| Filing 14 CERTIFICATE OF SERVICE by Nancy K. Csoka, Robert L. Moore (Matthews, Gail) |
| Filing 13 Federal Defendants Nancy Csoka and Robert Moore's ANSWER to #4 Amended Complaint, by Nancy K. Csoka. (Matthews, Gail) |
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ORDER granting #12 Motion for Extension of Time to File -- The application is granted. Defendant Skopek shall answer or otherwise respond to the Complaint by June 13, 2010. Ordered by Magistrate Judge James Orenstein on 6/3/2010. (Sussman, Dana)
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| Filing 12 Letter MOTION for Extension of Time to File response to plaintiff's complaint by James J. Skopek. (Ben-Sorek, Liora) |
| Filing 11 Letter dated 4/23/10 from Frances Sands to Clerk of Court, informing the Court that neither the City of NY nor any of its employees have been named in either of these two cases (#10-cv-739; 09-cv-9461). Because the City of NY is not a party to these actions, Corporation Counsel is returning the papers to this Court, so that they might be redirected to the appropriate parties. (Galeano, Sonia) |
| Filing 10 SUMMONS ISSUED as to Special Agent Robert L. Moore; Special Agent Nancy K. Csoka; and Sergeant James J. Skopek. Courtesy Copy sent to United States Attorney General; United States Attorney for the Eastern District of New York; and FBI Agency. (Courtesy Copy sent to Corporation Counsel via regular mail) (Latka-Mucha, Wieslawa) |
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Filing 9
ORDER: By letter #8 dated 4/8/2010, Assistant U.S. Attorney Gail A. Matthews, informed the Court that two of the agents allegedly involved in the underlying incident with plaintiff are FBI Special Agent Robert L. Moore and Special Agent Nancy K. Csoka. In addition, the Court was also informed that the third unknown defendant allegedly involved in the underlying incident with plaintiff is Sergeant James J. Skopek of the Nassau County Police Department. The Clerk of Court is hereby directed to amend the caption to reflect the names of these defendants. The Clerk of Court shall also prepare the necessary papers to have defendants Special Agent Robert L. Moore, Special Agent Nancy K. Csoka, and Sergeant James J. Skopek served with process. The United States Marshals Service is hereby directed to serve the amended summons and complaint on these defendants at the addresses listed herein. All further pretrial matters in this case shall be presided over by Judge Orenstein pursuant to this Court's prior Order of Referral. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 4/9/2010) C/mailed. (Inter-Off. Svc. upon the U.S.M.S.) (Latka-Mucha, Wieslawa)
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| Filing 8 Letter Responding to March 8, 2010 Order to Identify John and Jane Doe Agents by Federal Bureau of Investigation(Colorado Springs Field Office) (Matthews, Gail) |
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Filing 7
ORDER: Plaintiff's #1 application to proceed in forma pauperis under 28 U.S.C. 1915 is hereby granted. The complaint is dismissed against defendants Janice M. Sivillo, as no conceivable claim could be maintained, and JOHN DOE, agent of the Federal Bureau of Investigation ("F.B.I.") in Colorado, as frivolous. All allegations relating to incidents that occurred in Colorado are stricken as frivolous. Thus, plaintiff's sole issue in this action is whether she was subject to an unconstitutional search of her purse by three unknown F.B.I. agents and three unknown employees of the New York Racing Association, Inc. ("NYRA"). This case is referred to the Honorable James Orenstein, United States Magistrate Judge, for an initial status conference and all pretrial proceedings. The Clerk of Court shall send a copy of this Order and the complaint to the U.S. Attorney's Office for the Eastern District of New York and to plaintiff. No summons shall issue at this time. The U.S. Attorney's Office is hereby requested to produce information regarding the identities of the unknown agents by 4/8/2010. Once the information is provided, plaintiff's complaint shall be deemed amended to reflect the full names of the defendants, summonses shall be issued, and the Court shall direct service on the defendants. This Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 3/8/2010) C/mailed by Chambers. Electronic Service upon the U.S. Attorney's Office re: #4 Amended Complaint, #2 Complaint. (Latka-Mucha, Wieslawa)
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| Filing 6 Case transferred in from District of New York Southern; Case Number 1:09-cv-09461. Original file certified copy of transfer order and docket sheet received. |
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Filing 5
TRANSFER ORDER (E.D.N.Y.)In the amended complaint, plaintiff alleges that on June 7, 2008, while she was working as an admissions cashier at Belmont Park in Queens County, New York, three agents of the Federal Bureau of Investigation searched her without probable cause in violation of the Fourth Amendment rights. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of this Court shall file and docket the complaint without payment of fees. Whether plaintff. should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. That provision of Rule 83.1 of the Local Rules for the Southern District of New York which requires a seven day delay is waived. A summons shall not issue from this Court. Sent original file along with documents numbered 1-5, certified copy of docket entries and transfer order. Mailed via Federal Express AIRBILL # 8705 1084 0693 on 2/16/10. (Signed by Judge Loretta A. Preska on 2/9/10) (rdz) [Transferred from New York Southern on 3/3/2010.] (Bowens, Priscilla). (Additional attachment(s) added on 3/4/2010: #1 docketsheet) (Bowens, Priscilla).
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| Filing 4 AMENDED COMPLAINT against Three Unknown Agents of NY F.B.I., One Unknown Agent of Co. Spgs. F.B.I., Three Unknown Employees of N.Y.R.A., Janice M. Sivillo of Forum Staffing Services amending #2 Complaint with JURY DEMAND.Document filed by Patty Lee Haley. Related document: #2 Complaint filed by Patty Lee Haley.(mro) [Transferred from New York Southern on 3/3/2010.] (Bowens, Priscilla). |
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Filing 3
60 DAYS ORDER, Plaintiff's request to proceed in forma pauperis is granted. However, plaintiff is directed to submit an amended complaint within sixty (60) days of the date of this order. Should plaintiff decide to file an amended complaint, it must be submitted to this Courts Pro Se Office within sixty (60) days of the date of this order, be captioned as an "AMENDED COMPLAINT" and bear the same docket number as this order. Plaintiff is advised that the Amended Complaint will completely replace his original complaint. Plaintiff is further directed to attach a copy of this order to the amended complaint. No summons shall issue at this time and all further proceedings shall be stayed for sixty (60) days or until plaintiff has complied with this order. If plaintiff fails to comply with this order within the time allowed or show good cause why he cannot comply, the complaint will be dismissed. Once submitted, the amended complaint shall be reviewed for compliance with this order and substantive sufficiency and then, if proper, the case shall be reassigned to a district judge in accordance with the procedures of the Clerk's Office. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith. (Signed by Judge Loretta A. Preska on 11/13/09) (rdz) [Transferred from New York Southern on 3/3/2010.] (Bowens, Priscilla).
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| Filing 2 COMPLAINT against Federal Bureau of Investigation, Federal Bureau of Investigation. Document filed by Patty Lee Haley.(rdz) [Transferred from New York Southern on 3/3/2010.] (Bowens, Priscilla). (Additional attachment(s) added on 3/4/2010: #1 Civil Cover Sheet) (Bowens, Priscilla). |
| Filing 1 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Patty Lee Haley.(rdz) [Transferred from New York Southern on 3/3/2010.] (Bowens, Priscilla). |
| Magistrate Judge James C. Francis IV is so designated. (rdz) [Transferred from New York Southern on 3/3/2010.] |
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