Alford v. Town of Brookhaven Department of Housing et al
| Racqurine Alford |
| Roseann D. Gallagher, Community Development & Intergovernmental Affairs, Robert Reutzel, Town of Brookhaven Department of Housing and Commissioner Valerie J. Biscardi |
| 2:2007cv02684 |
| July 2, 2007 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Kings |
| John Gleeson |
| A Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 13, 2008. A more recent docket listing may be available from PACER.
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ORDER denying as moot #22 Motion to Dismiss. (Ordered by Judge John Gleeson on 6/13/08) (SEE STIPULATION, ENTRY #32) (Piper, Francine)
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| Filing 32 STIPULATION of Dismissal /withdrawal of complaint by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Robert Reutzel, Roseann D. Gallagher (DeJong, Jeltje) |
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ORDER: The defendants' request to file a stipulation of settlement on or before June 13, 2008 is granted. The parties' supplemental submissions shall be served and filed on or before June 20, 2008 if no stipulation of settlement is filed. Ordered by Judge John Gleeson on May 20, 2008. (Gleeson, John)
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| Filing 31 Letter advising of settlement and requesting to be able to file settlement on or before June 13, 2008 by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Roseann D. Gallagher (DeJong, Jeltje) |
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ORDER granting #30 Motion for Extension of Time to File: The motion to extend the time to respond to my May 5, 2008 order is granted. The parties' supplemental submissions are now due on or before May 19, 2008. Ordered by Judge John Gleeson on May 9, 2008. (Gleeson, John)
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| Filing 30 MOTION for Extension of Time to File documentr by Racqurine Alford. (Ambrose, Victor) |
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Filing 29
ORDER directing the parties to file supplemental submissions. Please see attached order. Ordered by Judge John Gleeson on May 5, 2008. (Gleeson, John)
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| Filing 28 Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Victor J. Ambrose, Esq. Defendants represented by Jeltje DeJong, Esq. Oral Argument held on 5/2/2008 re #22 MOTION to Dismiss filed by Valerie J. Biscardi, Robert Reutzel, Town of Brookhaven Department of Housing, Roseann D. Gallagher, Community Development & Intergovernmental Affairs. The court's decision is reserved and will be filed separately via ECF. (Court Reporter Mickey Brymer.) (Lee, Ilene) |
| Filing 27 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 3/14/2008. Counsel for the parties confirmed that the necessary depositions were completed on March 12. The parties will proceed in accordance with Judge Gleesons directives. SEE ATTACHED ORDER. (Tomlinson, A.) |
| Filing 26 Letter dated 4/24/08 from Jeltje Dejong to Judge Gleeson, requesting an extension until 4/25/08 to file the Brookhaven Administrative Plan. (Piper, Francine) |
| Filing 25 REPLY in Support ADMINISTRATIVE PLAN filed by Town of Brookhaven Department of Housing. (Attachments: #1 Appendix continued part of Brookhaven Administrative Plan, #2 Appendix part 3 administrative plan, #3 Appendix Part 4 administrative plan, #4 Appendix Part 5 Administrative Plan, #5 Appendix Part 6 Administrative Plan, #6 Appendix Part 7 administrative plan, #7 Appendix Part 8 administrative plan, #8 Appendix Part 9 administrative plan, #9 Appendix Part 10 administrative plan, #10 Appendix Part 11 administrative plan, #11 Appendix Part 12 administrative plan, #12 Appendix HUD approval of plan) (DeJong, Jeltje) |
| Filing 24 REPLY in Support re #22 MOTION to Dismiss filed by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Robert Reutzel, Roseann D. Gallagher. (Attachments: #1 Affidavit by RoseAnn Gallagher, #2 Exhibit K, #3 Memorandum in Support Reply Memorandum of Law) (DeJong, Jeltje) |
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ORDER: The defendants' request to extend the time to file the entire administrative plan on ECF until April 25, 2008 is granted. Ordered by Judge John Gleeson on April 24, 2008. (Gleeson, John)
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ORDER: The defendants are directed to file on ECF, on or before April 24, 2008, a copy of the full text of the Town of Brookhaven's administrative plan. Ordered by Judge John Gleeson on April 21, 2008. (Gleeson, John)
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| Filing 23 RESPONSE in Opposition re #22 MOTION to Dismiss filed by Racqurine Alford. (Ambrose, Victor) |
| Filing 22 MOTION to Dismiss by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Robert Reutzel, Roseann D. Gallagher. (Attachments: #1 Affidavit in Support, #2 Supplement stipulation of undisputed facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J) (DeJong, Jeltje) |
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ORDER: The defendants' motion to dismiss shall be served and filed on or before April 4, 2008. The response shall be served and filed on or before April 21, 2008. A reply, if any, shall be served and filed on or before April 28, 2008. Oral argument shall be held on May 2, 2008 at 9:30 AM. As stated in my order of February 15, 2008, the parties shall address in their submissions whether they would prefer to resolve the factual issues at an evidentiary hearing on the argument date or through some other means. Ordered by Judge John Gleeson on March 4, 2008. (Gleeson, John)
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Filing 21
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference Hearing held on 2/26/2008. SCHEDULING: There will be a telephone conference on March 14, 2008 at 2 p.m. Plaintiff's counsel is to initiate the call to Chambers. THE FOLLOWING RULINGS WERE MADE: Today's appearance was previously set as an Initial Conference in this case for purposes of reviewing the discovery plan and to enter a Case Management and Scheduling Order. However, since the filing of this action, the parties have appeared before District Judge Gleeson with respect to Defendants' desire to bring a motion to dismiss. On February 15, 2008, Judge Gleeson directed the parties to appear before me for the limited purpose of determining whether a factual dispute exists as to a particular issue. I find that a factual dispute does exist and I have given the parties various directives as set forth in the attached Order. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 2/26/08. (Tomlinson, A.) Modified on 3/12/2008 (Montero, Edher).
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| Filing 20 NOTICE of Appearance by Jeltje DeJong on behalf of Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Roseann D. Gallagher (aty to be noticed) (DeJong, Jeltje) |
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ORDER: As stated on the record at yesterdays appearance, I decline to set a schedule for the defendant's motion to dismiss at this time. I direct the parties to advise Magistrate Judge Tomlinson, at their next conference, whether there is any factual dispute regarding the date on which the United States Postal Service delivered Alford's letter to the Town of Brookhaven. If there is no factual dispute, the parties shall advise me at that point. If there is, the parties shall ask Magistrate Judge Tomlinson to set a schedule for discovery on that issue alone, which I expect to be brief. Once a schedule is set for discovery on that issue, I shall set forth a briefing schedule on the defendants motion to dismiss. At yesterdays appearance, the parties indicated that they might prefer to resolve the factual and legal issues surrounding the motion expeditiously by way of an evidentiary hearing on the oral argument date. Assuming there are factual issues to resolve, the parties shall in their motion papers address whether they would prefer this means of resolving the factual issues or some other means. Ordered by Judge John Gleeson on February 15, 2008. (Gleeson, John)
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| Filing 19 Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by Victor J. Ambrose, Esq. Defendants represented by Jeltje DeJong, Esq. Pre Motion Conference held on 2/14/2008. Due to disputes over certain facts of the motion, the parties are directed to appear before Magistrate Judge Tomlinson as scheduled on 2/26 and see if the matter can be resolved through discovery. If not, a conference or hearing shall be scheduled before Judge Gleeson. (Court Reporter Anthony Frisolone.) (Lee, Ilene) |
| Filing 18 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Leave to Proceed in forma pauperis filed by Racqurine Alford. (Ambrose, Victor) |
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Filing 17
SCHEDULING ORDER: Initial conference set for February 26, 2008. No later than two (2) business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 01/14/08. (Monaco, Laura)
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Filing 16
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference held on 1/14/2008. SCHEDULING: The Initial Conference is re-scheduled to February 26, 2008 at 2 p.m. in Courtroom 910. THE FOLLOWING RULINGS WERE MADE: The rulings made at today's conference are set forth in the attached Order. Ordered by Judge A. Kathleen Tomlinson on 1/14/08. (Tomlinson, A.)
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| NOTICE of Pre Motion Conference Adjournment due to a scheduling conflict. The Pre Motion Conference originally scheduled for 2/12/08 is now adjourned to Thursday 2/14 at 11:00 AM in courtroom 6C South before Judge John Gleeson. Both parties have been notified via e-mail. (Lee, Ilene) |
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SCHEDULING ORDER: re #15 Letter, filed by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Roseann D. Gallagher, Community Development & Intergovernmental Affairs, #14 Letter filed by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Roseann D. Gallagher, Community Development & Intergovernmental Affairs. All parties involved are to appear for a Pre Motion Conference set for 2/12/2008 at 10:30 AM in 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 2/7/2008. (Lee, Ilene)
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| Filing 15 Letter with amended complaint requesting pre-motion conference by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Roseann D. Gallagher (Attachments: #1 Exhibit A) (DeJong, Jeltje) |
| Filing 14 Letter requesting a pre-motion conference by Valerie J. Biscardi, Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Roseann D. Gallagher (Attachments: #1 Exhibit A) (DeJong, Jeltje) |
| Filing 13 SUMMONS Returned Executed by Racqurine Alford. Valerie J. Biscardi served on 1/18/2008, answer due 2/7/2008. (Ambrose, Victor) |
| Filing 12 AFFIDAVIT of Service for Amended Complaint served on All defendants on January 17, 2008, filed by Racqurine Alford. (Ambrose, Victor) |
| Filing 11 AMENDED COMPLAINT against all defendants, filed by Racqurine Alford. (Ambrose, Victor) |
| Filing 10 SUMMONS Returned Executed on behalf of pro se Racqurine Alford. Roseann D. Gallagher served on 12/4/2007, answer due 12/24/2007. (Latka-Mucha, Wieslawa) |
| Filing 9 Summons Returned Unexecuted as to Robert Reutzel. See Remarks on USM-285 Form: "Out for personal service 9/28/07. R. Reutzel no longer works here." (Forwarded to Judge Tomlinson) (Latka-Mucha, Wieslawa) |
| Filing 8 SUMMONS Returned Executed on behalf of pro se Racqurine Alford. Community Development & Intergovernmental Affairs served on 12/4/2007, answer due 12/24/2007. (Latka-Mucha, Wieslawa) |
| Filing 7 SUMMONS Returned Executed on behalf of pro se Racqurine Alford. Town of Brookhaven Department of Housing served on 12/4/2007, answer due 12/24/2007. (Latka-Mucha, Wieslawa) |
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ORDER re #6 Stipulation filed by Town of Brookhaven Department of Housing. I decline to so order the stipulation extending defendants' time to answer. A telephone conference is scheduled for January 14, 2008 at 11:00 a.m. Counsel for Defendants shall initiate the call. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/10/08. (Jacobwitz, Beth)
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| Filing 6 STIPULATION Extending Time to Answer by Town of Brookhaven Department of Housing (Michel, Marie) |
| Filing 4 Summons Issued as to Town of Brookhaven Department of Housing; Community Development & Intergovernmental Affairs; Robert Reutzel, Roseann D. Gallagher. (Latka-Mucha, Wieslawa) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 9/7/07. (Tomlinson, A.)
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| Filing 5 Letter dated 7/6/2007 from plaintiff's attorney Victor J. Ambrose, re: service of summons and complaint upon defendants. W/Attachments. (Latka-Mucha, Wieslawa) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Racqurine Alford. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Town of Brookhaven Department of Housing, Community Development & Intergovernmental Affairs, Robert Reutzel, Roseann D. Gallagher, filed by Racqurine Alford. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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