Pawelsky et al v. County of Nassau et al
Alan Pawelsky, Ace Auto Recycling, Inc. and Nassau County Police Officers/Detective Investigators "John Doe" #1-50 |
County of Nassau, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Detective James Tobin, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, County Executive Bruce Blakeman, Nassau County Police Commissioner Patrick Ryder and Nassau County Police Officers/Detective Investigators John Doe #1-50 |
C&R Auto Motors & Recycling Inc. |
Plakos Scrap Procesing Inc |
1:2023cv03237 |
April 28, 2023 |
US District Court for the Eastern District of New York |
Nicholas G Garaufis |
Robert M Levy |
Civil Rights: Other |
28 U.S.C. § 1343 Violation of Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 53 Letter Replying to Defendants' letter of June 20, 2023 by Plakos Scrap Procesing Inc (Goidel, Jonathan) |
Filing 52 RESPONSE to Motion re #41 Letter MOTION to Intervene filed by All Plaintiffs. (Attachments: #1 Exhibit "1" Emails regarding Lot No. 310 with Intervenor Places and Stillwater, #2 Exhibit "2" Emails regarding Lot No.: 333 with Intervenor C&R and Stillwater, #3 Exhibit "3" Emails regarding Lot No.: 338 with Intervenor C&R and Stillwater) (Stevenson, John) |
Filing 51 AFFIDAVIT/DECLARATION in Opposition re #41 Letter MOTION to Intervene filed by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Giuffra, Robert) |
Filing 50 RESPONSE in Opposition re #41 Letter MOTION to Intervene filed by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (Giuffra, Robert) |
Filing 49 Amicus Curiae APPEARANCE entered by Douglas M. Lieberman on behalf of C&R Auto Motors & Recycling Inc. (Lieberman, Douglas) |
Filing 48 Letter in Response to Defendants' Memorandum in Opposition to Plaintiff's Order to Show Cause by Ace Auto Recycling, Inc., Alan Pawelsky (Attachments: #1 Exhibit Exhibit "1" Extended Eavesdropping Warrant) (Stevenson, John) |
ORDER: The court is in receipt of Plakos Scrap Processing, Inc's #41 Motion to Intervene. The parties are DIRECTED to file their responses, if any, on or before June 20, 2023. So Ordered by Judge Nicholas G. Garaufis on 6/5/2023. (HA) |
Filing 47 DECLARATION of James Tobin by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (Giuffra, Robert) |
Filing 46 DECLARATION of Abigail Margulies by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (Giuffra, Robert) |
Filing 45 DECLARATION of Robert J. Giuffra, Jr. by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Giuffra, Robert) |
Filing 44 MEMORANDUM in Opposition to Plaintiffs' Order to Show Cause filed by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (Giuffra, Robert) |
Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/15/2023, before Judge JUDGE GARAUFIS. Court Reporter/Transcriber ToniAnn Lucatorto, Telephone number 7186132601. Email address: toniannlucatorto@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/22/2023. Redacted Transcript Deadline set for 7/3/2023. Release of Transcript Restriction set for 8/30/2023. (Lucatorto, ToniAnn) |
Filing 42 MEMORANDUM in Support re Show Cause Hearing,, Memorandum in Further Support of Plaintiffs' Order to Show Cause filed by All Plaintiffs. (Attachments: #1 Declaration Declaration of J.R. Stevenson in Further Support of Plaintiffs' Order to Show Cause, #2 Exhibit "1" Transcript from Court's May 15, 2023 Order to Show Cause Hearing) (Marino, Justin) |
Filing 41 Letter MOTION to Intervene by Plakos Scrap Procesing Inc. (Goidel, Jonathan) |
Filing 40 MOTION for Extension of Time to File Answer, Letter Requesting a Pre-Motion Conference Concerning a Motion to Dismiss, or Other Responsive Pleading by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (Giuffra, Robert) |
ORDER granting #40 Motion for Extension of Time from May 30, 2023 to June 29, 2023. Ordered by Magistrate Judge Robert M. Levy on 5/25/2023. (JM) |
Minute Entry for proceedings held before Judge Nicholas G. Garaufis. Initial conference held on May 15, 2023. Application for temporary restraining order is DENIED. Counsel for Plaintiff and counsel for Defendants present. Parties made their initial arguments regarding the requested injunctive relief. Plaintiffs to submit supplemental briefing on or before Friday, May 26, 2023. Defendants to submit their response to the supplemental briefing on or before Friday, June 2, 2023. (Court Reporter: ToniAnn Lucatorto) (HA) |
Filing 39 Letter re: Response to Plaintiffs' May 12, 2023 Letter by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (Attachments: #1 Exhibit A) (Schwartz, Matthew) |
Filing 38 Letter regarding Monday's May 15, 2023 2 p.m. court appearance by Ace Auto Recycling, Inc., Alan Pawelsky (Stevenson, John) |
ORDER: The court is in receipt of Plaintiffs' #38 Letter regarding the planned May 15, 2023 court appearance. The court intends to hold the May 15, 2023 conference as scheduled. Plaintiffs' counsel is DIRECTED to appear in person in Courtroom 4D South, even if Plaintiff Pawelsky cannot. So Ordered by Judge Nicholas G. Garaufis on 5/12/2023. (HA) |
Filing 37 MEMORANDUM in Opposition to Plaintiffs' Order to Show Cause filed by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (Giuffra, Robert) |
Filing 36 NOTICE of Appearance by Jacob Galler Singer on behalf of County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (aty to be noticed) (Singer, Jacob) |
Filing 35 NOTICE of Appearance by Matthew A. Schwartz on behalf of County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (aty to be noticed) (Schwartz, Matthew) |
Filing 34 NOTICE of Appearance by Sharon Cohen Levin on behalf of County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (aty to be noticed) (Levin, Sharon) |
Filing 33 NOTICE of Appearance by Robert J. Giuffra, JR on behalf of County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin (aty to be noticed) (Giuffra, Robert) |
Filing 32 NOTICE of Appearance by Ralph J. Reissman on behalf of County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder (aty to be noticed) (Reissman, Ralph) |
Filing 31 First MOTION for Extension of Time to File Response/Reply by County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau County Police Officers/Detective Investigators John Doe #1-50, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (Ali, Sheharyar) |
ORDER: Defendants' #31 Motion for an Extension of Time to File a Response/Reply is DENIED. Per this court's May 8, 2023 #12 Order, the Parties are DIRECTED to appear in Courtroom 4D South in front of Judge Nicholas G. Garaufis on Monday, May 15, 2023 at 2:00 p.m. If at that time, they have been unable to respond in full, Defendants may make an oral application for a continuance at the above mentioned in-person appearance. So Ordered by Judge Nicholas G. Garaufis on 5/10/2023. (HA) |
Filing 30 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant Nassau County Police Commissioner Patrick Ryder served on P.O. Rogers, Police Liasion on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail, #2 Affidavit of Service re Additional copy served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 29 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant County Executive Bruce Blakeman served on Rose Bruy, Clerk on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional copy served upon Nassau County Attorney, #2 Affidavit of Service re Additional Copy Served by Overnight Mail upon Nassau County Attorney, #3 Affidavit of Service re Additional Copy Served by Overnight Mail to Defendant Blakeman's Office) (Fuchs, Ilyssa) |
Filing 28 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant Assistant District Attorney Abigail Margulies served on Maria "Doe", Clerk on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail) (Fuchs, Ilyssa) |
Filing 27 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant District Attorney Anne Donnelly served on Maria "Doe", Clerk on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail) (Fuchs, Ilyssa) |
Filing 26 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant Det. James Tobin served on P.O. Rogers, Police Liasion on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail, #2 Affidavit of Service re Additional Copy Served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 25 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant Nassau County Police Dept. Property Clerk served on P.O. Rogers, Police Liasion on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail, #2 Affidavit of Service re Additional Copy Served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 24 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant Nassau County Police Dept. served on P.O. Rogers, Police Liasion on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail, #2 Affidavit of Service re Additional Copy Served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 23 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant Nassau County District Attorney's Office served on Maria "Doe", Clerk on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail) (Fuchs, Ilyssa) |
Filing 22 AFFIDAVIT of Service for Order to Show Cause, Declaration in Support, Exhibits, and Memorandum of Law as to Defendant County of Nassau served on Judith Urso, Clerk on 05/09/2023, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Affidavit of Service re Additional Copy Served by Overnight Mail) (Fuchs, Ilyssa) |
Filing 21 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. Nassau County Police Commissioner Patrick Ryder served on 5/9/2023, answer due 5/30/2023. (Attachments: #1 Affidavit of Service Additional copy served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 20 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. County Executive Bruce Blakeman served on 5/9/2023, answer due 5/30/2023. (Attachments: #1 Affidavit of Service Additional copy served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 19 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. Assistant District Attorney Abigail Margulies served on 5/9/2023, answer due 5/30/2023. (Fuchs, Ilyssa) |
Filing 18 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. District Attorney Anne Donnelly served on 5/9/2023, answer due 5/30/2023. (Fuchs, Ilyssa) |
Filing 17 SUMMONS Returned Executed by Ace Auto Recycling, Inc.. Nassau Police Department Property Clerk served on 5/9/2023, answer due 5/30/2023. (Attachments: #1 Affidavit of Service Additional copy served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 16 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. Nassau Police Department served on 5/9/2023, answer due 5/30/2023. (Attachments: #1 Affidavit of Service Additional copy served upon Nassau County Attorney) (Fuchs, Ilyssa) |
Filing 15 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. Nassau District Attorney's Office served on 5/9/2023, answer due 5/30/2023. (Fuchs, Ilyssa) |
Filing 14 SUMMONS Returned Executed by Ace Auto Recycling, Inc., Alan Pawelsky. County of Nassau served on 5/9/2023, answer due 5/30/2023. (Fuchs, Ilyssa) |
Filing 13 NOTICE of Appearance by Justin Robert Marino on behalf of Ace Auto Recycling, Inc., Alan Pawelsky (aty to be noticed) (Marino, Justin) |
Filing 12 ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER. Show Cause Hearing set for 5/15/2023 at 02:00 PM in Courtroom 4D South before Judge Nicholas G. Garaufis. Responsive papers, if any, shall be filed and served by 5/11/2023. So Ordered by Judge Nicholas G. Garaufis on 5/8/2023. (TLH) |
Filing 11 MEMORANDUM in Support re #9 Unsigned Order to Show Cause filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Cohen, Gerald) |
Filing 10 DECLARATION re #9 Unsigned Order to Show Cause OF ALAN PAWELSKY IN SUPPORT OF ORDER TO SHOW CAUSE by Ace Auto Recycling, Inc., Alan Pawelsky (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Cohen, Gerald) |
Filing 9 Unsigned Order to Show Cause why an order should not be issued pursuant to Rule 64 and/or 65 of the Federal Rules of Civil Procedure by Ace Auto Recycling, Inc., Alan Pawelsky (Cohen, Gerald) |
Filing 8 Summons Issued as to County Executive Bruce Blakeman, County of Nassau, District Attorney Anne Donnelly, Assistant District Attorney Abigail Margulies, Nassau District Attorney's Office, Nassau Police Department, Nassau Police Department Property Clerk, Nassau County Police Commissioner Patrick Ryder, Detective James Tobin. (TLH) |
Filing 7 Proposed Summons. Re #1 Complaint,, by Ace Auto Recycling, Inc., Alan Pawelsky (Fuchs, Ilyssa) |
Filing 6 Proposed Summons. Re #1 Complaint,, by Ace Auto Recycling, Inc., Alan Pawelsky (Fuchs, Ilyssa) |
Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) |
Filing 3 NOTICE of Appearance by Ilyssa S. Fuchs on behalf of Ace Auto Recycling, Inc., Alan Pawelsky (aty to be noticed) (Fuchs, Ilyssa) |
Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
No Summons Submitted for Issuance (SR) |
Your proposed summons was not issued for one of the following reason: The full case caption is to be included on any proposed summons. Every effort is to be made to include all named parties in the caption of the summons. If the number of parties prohibits all plaintiffs and defendants from being listed, then the full caption is to appear on a/any rider attached to the summons. Please correct and resubmit using Proposed Summons. (TLH) |
Filing 2 NOTICE of Appearance by Gerald M. Cohen on behalf of Ace Auto Recycling, Inc., Alan Pawelsky (aty to be noticed) (Cohen, Gerald) |
Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16649503 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Ace Auto Recycling, Inc., Alan Pawelsky. (Attachments: #1 Exhibit "1" Sample Assay Agreement, #2 Exhibit "2" Sample Recycling Materials Purchase Agreement, #3 Exhibit "3" Letter from District Attorney's Office, #4 Exhibit "4" Letter to Ace Auto from Stillwater, #5 Civil Cover Sheet) (Stevenson, John) |
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