Panzella v. County of Nassau et al
| Christine Panzella |
| County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato, Unknown Sheriff #1 and Unknown Sheriffs #2 through 4 |
| 2:2013cv05640 |
| October 11, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M Azrack |
| Sandra J Feuerstein |
| Steven I Locke |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2018. A more recent docket listing may be available from PACER.
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Filing 127
ORDER DISMISSING CASE Re: #126 STIPULATION of Dismissal with Prejudice. Case Closed. So Ordered by Judge Joan M. Azrack on 10/29/2018. (Ortiz, Grisel)
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| Filing 126 STIPULATION of Dismissal by Christine Panzella (La Reddola, Robert) |
| Filing 125 STATUS REPORT reporting payment of settlement check to plaintiff's counsel by County of Nassau (Reissman, Ralph) |
| Filing 124 STATUS REPORT Plaintiff by Christine Panzella (La Reddola, Robert) |
| Filing 123 STATUS REPORT by County of Nassau (Reissman, Ralph) |
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STATUS REPORT ORDER : The parties shall submit a status report by 10/5/2018. Ordered by Judge Joan M. Azrack on 9/27/2018. (Posillico, Lauren)
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ORDER finding as moot #115 Motion for Hearing; finding as moot #118 Motion for Pre Motion Conference. In light of the pending settlement, these requests are moot. Ordered by Judge Joan M. Azrack on 8/30/2018. (Terranova, Robert)
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| Filing 122 STATUS REPORT by Christine Panzella (La Reddola, Robert) |
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ORDER granting #121 Motion for Extension of Time to File. Defendant shall file a status report in 30 days. Ordered by Judge Joan M. Azrack on 6/25/2018. (Terranova, Robert)
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| Filing 121 Letter MOTION for Extension of Time to File Stipulation of Discontinuance by Christine Panzella. (La Reddola, Robert) |
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SCHEDULING ORDER: The parties shall file a stipulation of discontinuance by June 20, 2018. Ordered by Judge Joan M. Azrack on 6/6/2018. (Terranova, Robert)
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| Filing 120 Minute Entry for proceedings held before Judge Joan M. Azrack:CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Robert La Reddola, present. Counsel For Defendant: Ralph Reissman, present. Status Conference held on 2/28/2018 at 2:00 PM. Case settled. (Ortiz, Grisel) |
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SCHEDULING ORDER: Due to a change in this Court's calendar, the status conference scheduled on 2/21/2018 is ADJOURNED to 2/28/2018 at 2:00 PM in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 1/17/2018. (Posillico, Lauren)
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| Filing 119 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Robert La Reddola, present. Counsel For Defendant: Ralph Reissman, present. Status Conference held on 11/15/2017 at 3:30 PM. Status Conference set for 2/21/2018 at 05:00 PM in Courtroom 920 before Judge Joan M. Azrack. Plaintiff to turn over billing records to defendant. (Ortiz, Grisel) |
| Filing 118 Letter MOTION for pre motion conference by Christine Panzella. (La Reddola, Robert) |
| Filing 117 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Robert LaReddola, present. Counsel For Defendant: Ralph Reissman, present. Status Conference held on 10/18/2017 at 2:30PM. Status Conference set for 11/15/2017 at 03:30 PM in Courtroom 920 of the Long Island Courthouse before Judge Joan M. Azrack. (FTR Log #FTR: 2:47-3:00.) (Ortiz, Grisel) |
| Filing 116 Minute Entry for proceedings held before Judge Joan M. Azrack:CIVIL CAUSE FOR SHOW CAUSE HEARING. Counsel For Plaintiff: Robert LaReddola, present. Counsel For Defendant: Ralph Reissman, present. Show Cause Hearing held on 10/11/2017 at 10:30 AM. An In-Person Status Conference set for 10/18/2017 at 02:30 PM in Courtroom 920 of the Long Island Courthouse before Judge Joan M. Azrack. (Court Reporter Owen Wicker.) (Ortiz, Grisel) |
| Filing 115 Letter MOTION for Hearing and Award of Legal Fees by Christine Panzella. (La Reddola, Robert) |
| Filing 114 Letter MOTION to Adjourn Conference due to religious observance by County of Nassau. (Reissman, Ralph) |
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ORDER granting #114 Motion to Adjourn Conference. The Show Cause Hearing scheduled for 10/5/2017 is ADJOURNED to 10/11/2017 at 10:30 AM before Judge Joan M. Azrack in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 9/28/2017. (Flanagan, Doreen)
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| Set/Reset Hearings: The Show Cause Hearing is set for 10/11/2017 at 10:30 AM in Courtroom 920 of the Long Island Courthouse before Judge Joan M. Azrack. (Flanagan, Doreen) |
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ORDER denying Motion #113 . The Court's September 8, 2017 Order stated that by "September 22, 2017, the County of Nassau must either: (1) provide plaintiff Christine Panzella with the hearing required by this Court's August 26, 2015 decision; or (2) return to plaintiff her longarms that are currently in Nassau County's possession." On September 26, 2017--four days days after the deadline set by the September 8, 2017 Order--Nassau County filed a request for an extension of time to comply with the September 8, 2017 Order. That request is DENIED. Nassau County is ORDERED to appear before the Court in Courtroom 920 of the Long Island Courthouse on October 5, 2017 at 9:30 AM to SHOW CAUSE why Nassau County should not be held in contempt of court for violating the September 8, 2017 Order. Ordered by Judge Joan M. Azrack on 9/27/2017. (Terranova, Robert)
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| Filing 113 Letter MOTION for Extension of Time to Comply with Court Order, by County of Nassau (Reissman, Ralph) Modified event type from Letter to Motion on 9/27/2017 (Ortiz, Grisel). |
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ORDER. By September 22, 2017, the County of Nassau must either: (1) provide plaintiff Christine Panzella with the hearing required by this Court's August 26, 2015 decision; or (2) return to plaintiff her longarms that are currently in Nassau County's possession. Ordered by Judge Joan M. Azrack on 9/8/2017. (Terranova, Robert)
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| Filing 112 Minute Entry; For proceedings held on 8/29/2017 at 12:00 p.m. before Judge Joan M. Azrack; For Civil Cause for Telephone Status Conference; Appearances: For Plaintiff(s).: Robert La Reddola; For Defendant(s).: Ralph Reissman; FTR Log #12:14-12:20. Case called. Counsel present for all sides. A telephone status conference will be held on October 18, 2017 at 2:30 p.m. (Fagan, Linda) |
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ELECTRONIC SCHEDULING ORDER - Due to a change in this Court's calendar, the Telephone Status Conference scheduled for 8/29/2017 at 3:00 PM is CHANGED to 8/29/2017 at 12:00 PM. Defense Counsel shall initiate the call and contact Chambers at (631) 712-5600 when all parties are on the line. Ordered by Judge Joan M. Azrack on 8/22/2017. (Flanagan, Doreen)
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| Filing 111 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Robert La Reddola, present. Counsel For Defendant: Ralph Reissman, present. Status Conference held on 8/15/2017 at 3:30 PM. Telephone status conference scheduled for August 29, 2017 at 3 P.M. Defense Counsel shall initiate the call and contact Chambers at 631-712-5600 when both parties are on the line. (Tape #FTR: 3:33 -3:46.) (Ortiz, Grisel) |
| Filing 110 MANDATE of USCA 15-2825 & 15-2891 as to #84 Notice of Cross Appeal filed by Christine Panzella, #80 Notice of Appeal, filed by Michael J. Sposato, Unknown Sheriff #1, Robert Mastropieri, Unknown Sheriffs #2 through 4, Nassau County Sheriff's Department, County of Nassau. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the order of the district court is AFFIRMED to the extent that it grants Panzella an injunction. The appeal is DISMISSED in all other respects. (Landow, Concetta) |
| Filing 109 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR DOCKET CALL. For Plaintiff: Robert La Reddola (no appearance). Counsel For Defendant: Ralph Reissman, present. Docket Call held on 7/27/2017 at 3:00 PM. ( Status Conference RESCHEDULED for 8/15/2017 at 03:30 PM in Courtroom 920 of the Long Island Courthouse before Judge Joan M. Azrack. (Ortiz, Grisel) |
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SCHEDULING ORDER: A status conference will be held on 7/27/2017 at 3:00 PM before the undersigned in Courtroom 920 of the Long Island Courthouse. Ordered by Judge Joan M. Azrack on 7/20/2017. (Posillico, Lauren)
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| Filing 108 CERTIFIED ORDER of USCA 15-2825 as to #80 Notice of Appeal, filed by Michael J. Sposato, Unknown Sheriff #1, Robert Mastropieri, Unknown Sheriffs #2 through 4, Nassau County Sheriff's Department and County of Nassau. On October 15, 2015, the Court issued a notice pursuant to Fed. R. App. P. 4(a)(4), staying this appeal due to a pending motion in the district court. The district court having denied that motion in an order dated June 8, 2016, IT IS ORDERED that the stay of this appeal is hereby lifted. The appeal shall now proceed to briefing. (Landow, Concetta) |
| Filing 107 NOTICE of Change of Suite Number by Robert James La Reddola (La Reddola, Robert) |
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Filing 106
MEMORANDUM AND ORDER: For the foregoing reasons (PLEASE SEE ORDER FOR FURTHER DETAILS), the Court denies defendants motion for reconsideration. The stay on injunctive relief is continued pending defendants appeal. So Ordered by Judge Joan M. Azrack on 6/8/2016. (Ortiz, Grisel)
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| Filing 105 Letter Letter re: Heriberto Heredia by Christine Panzella (La Reddola, Robert) |
| Filing 104 Letter Letter re: Peter Schojan by Christine Panzella (La Reddola, Robert) |
| Filing 103 Letter regarding related case (Dudek v. Nassau County) by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| Filing 102 REPLY in Support of Motion for Reconsideration filed by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Reissman, Ralph) |
| Filing 101 MEMORANDUM in Opposition Plaintiff's Supplemental Memorandum of Law in Opposition of Defendant Nassau County's Motion for Reconsideration filed by Christine Panzella. (La Reddola, Robert) |
| Filing 100 MOTION for Reconsideration re #81 MOTION for Reconsideration, #79 Order on Motion for Summary Judgment,,,,,,,,, (SUPPLEMENTAL MEMORANDUM OF LAW) by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Reissman, Ralph) |
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SCHEDULING ORDER: Briefing on defendants' motion for reconsideration #81 is set as follows: Defendants must file a supplemental brief to their motion for reconsideration by 2/26/2016; plaintiff must file her opposition by 3/11/2016; defendants must file their reply, if any, by 3/18/2016. Ordered by Judge Joan M. Azrack on 2/11/2016. (Jacobs, Harry)
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| Filing 99 STIPULATION Proposed Order by Christine Panzella (La Reddola, Robert) |
| Filing 98 Letter Letter to Hon. Azrack Proposed Order by Christine Panzella (La Reddola, Robert) |
| Filing 97 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel For Plaintiff: Robert La Reddola, present. Counsel For Defendant: Ralph Reissman, present. Status Conference held on 1/14/2016 at 11:30 AM. (Ortiz, Grisel) Modified on 1/14/2016 (Ortiz, Grisel). |
| Filing 96 Letter to Hon. Joan M. Azrack regarding settlement proposal by Christine Panzella (La Reddola, Robert) |
| Filing 95 Letter Letter concerning new information by Christine Panzella (La Reddola, Robert) |
| Filing 94 Letter regarding conversion of cross-appeal to direct appeal by Christine Panzella (La Reddola, Robert) |
| Filing 93 Letter re: conference scheduled for January 14, 2016 by County of Nassau, Robert Mastropieri, Michael J. Sposato (Reissman, Ralph) |
| Filing 92 Letter regarding status in response to County's 1/4/16 status letter by Christine Panzella (La Reddola, Robert) |
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SCHEDULING ORDER: The parties are directed to appear for a conference before Judge Azrack in Courtroom 920 of the Long Island Courthouse on 1/14/2016 at 11:30 AM. Ordered by Judge Joan M. Azrack on 1/8/2016. (Jacobs, Harry)
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| Filing 91 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel For Plaintiff: Robert La Redolla, present. Counsel For Defendant: Ralph Reissman, present. Status Conference held on 12/17/2015 at 12:00 PM. (Ortiz, Grisel) |
| Filing 90 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR TELEPHONE STATUS CONFERENCE: Counsel For Plaintiff: Robert La Redolla, present. Counsel For Defendant: Ralph Reissman, present. Telephone Conference held on 12/14/2015 at 4:30 PM. Defense counsel to report to the Court on 12/17/2015. (Ortiz, Grisel) |
| Filing 89 Letter MOTION for Leave to File motion to renew and reargue by Christine Panzella. (La Reddola, Robert) |
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SCHEDULING ORDER: A telephone conference is set for 12/14/2015 at 4:30 PM before Judge Joan M. Azrack. Counsel for the plaintiff shall initiate the call and contact the Court at 631-712-5600 when all parties are on the line. Ordered by Judge Joan M. Azrack on 12/11/2015. (Jacobs, Harry)
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| Filing 88 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/10/2015, before Judge Joan M. Azrack. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/3/2016. (Cox, Dwayne) |
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Electronic ORDER granting #87 Motion to Withdraw as Attorney. Attorney Peter A. Laserna terminated. Ordered by Magistrate Judge Steven I. Locke on 11/5/2015. (Walsh, Kenneth)
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| Filing 87 Letter MOTION to Withdraw as Attorney by Peter A. Laserna by County of Nassau. (Laserna, Peter) |
| Filing 86 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR SETTLEMENT CONFERENCE: Counsel for Plaintiff Robert La Reddola, present. Counsel for Defendant Ralph Reisman, present. Settlement Conference held on 10/19/2015 at 4:30 PM. Settlement not reached. (Ortiz, Grisel) |
| Filing 85 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR SETTLEMENT CONFERENCE: Counsel for Plaintiff Robert LaRedola, present. Counsel for Defendant Ralph Reissman, present. Settlement Conference held on 9/21/2015 at 10:30 AM. Next Settlement Conference set for 10/19/2015 at 04:30 PM in Courtroom 920 before Judge Joan M. Azrack. The injunction relief is stayed pending resolution of the case. (Ortiz, Grisel) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #84 Notice of Cross Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Cox, Dwayne) |
| Filing 84 NOTICE OF CROSS APPEAL as to #79 Order on Motion for Summary Judgment,,,,,,,,, by Christine Panzella. Filing fee $ 505, receipt number 0207-8018247. (La Reddola, Robert) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #80 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Cox, Dwayne) |
| Filing 83 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel for Plaintiff Robert La Redolla, present. Counsel for Defendant Ralph Reissman, present. Status Conference held on 9/10/2015 at 11:45 AM. Settlement Conference set for 9/21/2015 at 10:30 AM in Courtroom 920 before Judge Joan M. Azrack. Clients must attend in person. Motion #81 will be construed as a motion for reconsideration and a briefing schedule will be set following the next conference. (Tape #FTR: 12:04-12:18.) (Ortiz, Grisel) |
| Filing 82 RESPONSE in Opposition re #81 MOTION for pre motion conference filed by Christine Panzella. (La Reddola, Robert) |
| Filing 81 MOTION for RECONSIDERATION by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Reissman, Ralph) Modified event type (motion for pre-motion conference to motion for reconsideration) as per Status Conference held on 9/10/2015 on 9/10/2015 (Ortiz, Grisel). |
| Filing 80 NOTICE OF APPEAL as to #79 Order on Motion for Summary Judgment by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato, Unknown Sheriff #1, Unknown Sheriffs #2 through 4. Filing fee $ 505, Receipt # 18480. (Cox, Dwayne) |
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SCHEDULING ORDER: As discussed in a joint phone call with counsel for both parties, defendants may file a pre-motion conference letter (not to exceed three pages) regarding reconsideration by or on 9/4/2015. If defendant submits such a letter, plaintiff is directed to file a letter response (not to exceed three pages) by or on 9/8/2015. The Court will address these letters during the status conference on 9/10/2015, at 11:45 a.m. Ordered by Judge Joan M. Azrack on 9/1/2015. (Petilla, Charlotte)
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Filing 79
ORDER granting in part and denying in part #74 Motion for Summary Judgment; granting in part and denying in part #75 Motion for Summary Judgment. Plaintiffs motion for summary judgment as to her Fourteenth Amendment due process claim concerning the Retention Policy is granted. The County must hold a due process hearing consistent with the criteria set forth in Razzano within 30 days of the date of this decision. Because plaintiff has prevailed on that claim, she is entitled to reasonable fees and costs as to that specific claim at the conclusion of this litigation. Plaintiffs summary motion is denied in all other respects. All claims against the Nassau County Sheriffs Department are dismissed with prejudice. Defendants Sposato and Mastropieri are entitled to qualified immunity as to plaintiffs due process claim regarding the Retention Policy. The Court grants summary judgment to defendants on plaintiffs Second Amendment claim and dismisses that claim with prejudice. Defendants motion for summary judgment is denied in all other respects.. Ordered by Judge Joan M. Azrack on 8/26/2015. (Bollbach, Jean)
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SCHEDULING ORDER: Status Conference set for 9/10/2015, at 11:45 A.M., before Judge Joan M. Azrack. The parties are directed not to file any pre-motion conference letters before that conference. Ordered by Judge Joan M. Azrack on 8/26/2015. (Petilla, Charlotte)
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| Filing 78 Letter in Reply to County's Response to Questions Dated July 24, 2015 by Christine Panzella (La Reddola, Robert) |
| Filing 77 Letter responding to Court Order [DE 76] by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
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Filing 76
ORDER: Currently pending before the Court are the parties cross-motions for summary judgment. On the current record, the policies and practices of the Sheriffs Department concerning the retention of plaintiffs longarms are unclear. Accordingly, the Court directs defendants to respond to the following questions by July 24, 2015: PLEASE SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Judge Joan M. Azrack on 7/17/2015. (Ortiz, Grisel)
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SCHEDULING ORDER: Any conference set by the Honorable Sandra J. Feuerstein is hereby cancelled. Ordered by Judge Joan M. Azrack on 2/11/2015. (Petilla, Charlotte)
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| Filing 75 Fully Briefed MOTION for Summary Judgment by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. Responses due by 1/20/2015 (Attachments: #1 Memorandum in Support, #2 Memorandum in Support, #3 Affidavit in Opposition, #4 Affidavit in Opposition, #5 Memorandum in Opposition, #6 Rule 56.1 Statement) (Reissman, Ralph) |
| Filing 74 Fully Briefed MOTION for Summary Judgment by Christine Panzella. Responses due by 1/20/2015 (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Robert J. La Reddola, #3 Affidavit of Christine Panzella, #4 Exhibit 1 - Summons & Complaint, #5 Exhibit 1-1 - Notice of Claim, #6 Exhibit 1-2 - Temporary Order of Protection Ex Parte 6-22-12, #7 Exhibit 1-3 - Notice of Dismissal 3-6-13, #8 Exhibit 2 -County's Answer filed 11-21-14, #9 Exhibit 2-1 - Letter, #10 Exhibit 3 - Photo, #11 Exhibit 4 - Nassau Sheriff Property Firearm's Receipt 6-27-12, #12 Exhibit 5 - Temporary Order of Protection 11-27-12, #13 Exhibit 6 - Return of Christine Panzella Longarms Ltr 7-24-13, #14 Exhibit 7 - Mark Wroobel Affidavit 11-27-13, #15 Exhibit 8 - Transcript 12-2-13, #16 Exhibit 9 - Reissman Ltr to Sandra Feuerstein 3-24-14, #17 Exhibit 10 - Feuerstein Summary Ltr 3-31-14, #18 Exhibit 11 - Reissman Ltr to Feuerstein 8-6-14, #19 Exhibit 12 - Feuerstein, Sandra Ltr 9-3-14, #20 Exhibit 12-1 - Affidavit in Response to Subpoena 8-27-14, #21 Exhibit 12-2 - Oneida Co. Sheriff's Office Policy & Procedure, #22 Exhibit 12-3 -VanBlarcum Deposition 8-12-14, #23 Exhibit 12-4 - Jefferson County Orders, #24 Exhibit 13 - Feuerstein, Sandra Ltr re Herkimer Co. Procedure 9-8-14, #25 Exhibit 13-1 - Herkimer Co. Attorney Ltr 9-4-14 Farber Subpoena, #26 Exhibit 14-1 - 9-22-14 Letter from LLA to Sposato, #27 Exhibit 14-2 -Letter from NC Sheriff to LLA 10-9-14, #28 Exhibit 15 - NCPD Ltr re Initial Pistol License Suspension 6-28-12, #29 Exhibit 16 - Panzella Ltr to PO Faltings re reinstatement of permit 5-23, #30 Exhibit 17 - NCPD Ltr requesting hearing 7-14-14, #31 Exhibit 18 - Panzella Pistol License, #32 Exhibit 19 - Pistol Purchase Record with receipt 9-9-14, #33 Exhibit 20 - Notice of Claim with Ltr 10-1-14, #34 Exhibit 21 - Kessler Transcript, #35 Exhibit 22 - Short form Orders filed 11-27-13 as doc 18-5, #36 Exhibit 23 - Lomonaco Transcript 9-28-07, #37 Exhibit 24 - Solomon v. Suozzi 9-16-03, #38 Exhibit 25 - Hoerlein documents, #39 Exhibit 26-1 - Aloi Answer to Petition by Nassau Co Sherrif's Dept 5-12-13, #40 Exhibit 26-2 - Aloi Affidavit 10-13-04, #41 Exhibit 26-3 - Aloi Affirmation 10-12-04, #42 Exhibit 26-4 - Aloi Affirmation in Response to Petitioner's Motion for Renewal of Court Order dated 7-30-03, #43 Exhibit 26-5 - Aloi Reply Affirmation 11-1-04, #44 Exhibit 27 - Mathie Petition, #45 Exhibit 27-1 - Mathie Answer 11-5-07, #46 Exhibit 27-2 - Mathie Reply Affirm 11-7-07, #47 Exhibit 28 - Mammoliti Order 12-7-11, #48 Exhibit 29 - Reissman Ltr 10-16-14, #49 Exhibit 30 - Fax Ltr from Reissman re rejection of request 10-20-14, #50 Exhibit 31 - Richard Snizek 8-26-08 Transcript, #51 Exhibit 32 - Temporary Order of Protection Form, #52 Memorandum in Support, #53 Rule 56.1 Statement Defendants', #54 Declaration of Ralph Reissman, Affidavit of Capt. Michael Golio and Exhibits, #55 Memorandum in Opposition, #56 Memorandum in Support Reply) (La Reddola, Robert) |
| Case reassigned to Judge Joan M. Azrack. Judge Sandra J. Feuerstein no longer assigned to the case. (Florio, Lisa) |
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Filing 73
ORDER re #60 Motion to Strike #56 Answer to Complaint. SO ORDERED that plaintiffs motion to strike the Answer in its entirety based on untimeliness is denied. Plaintiffs motion to strike affirmative defenses nine (9), ten (10), eleven (11) and seventeen (17) is hereby granted. Plaintiffs motion to strike affirmative defenses twelve (12), thirteen (13), fourteen (14) and fifteen (15) is denied without prejudice. Ordered by Judge Sandra J. Feuerstein on 1/15/2015. (Florio, Lisa)
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| Filing 72 Letter to plaintiff's counsel indicating service of Memorandum of Law and 56.1 Counter-Statement by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
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Filing 71
ORDER denying #64 Motion to Certify Class. SO ORDERED that the Motion for Class Certification is hereby DENIED without prejudice to renewal following this Court's decision on the parties' forthcoming cross-motions for summary judgment. Ordered by Judge Sandra J. Feuerstein on 12/22/2014. (Florio, Lisa)
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Filing 70
ORDER granting #69 Motion for Extension of Time to File. The briefing schedule is amended as follows: Opposition to summary judgment motion(s) due on or before December 29, 2014, fully briefed summary judgment motions to be filed with the Court on or before January 20, 2015. So Ordered. (Ordered by Judge Sandra J. Feuerstein on 12/18/2014.) (Fagan, Linda)
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| Filing 69 MOTION for Extension of Time to File for Plaintiff's Motion for Summary Judgment by Christine Panzella. (La Reddola, Robert) |
| Filing 68 Letter rejecting Plaintiff's 57-page Memorandum of Law as exceeding Court's 25-page limitation, by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| Filing 67 REPLY in Support re #64 MOTION to Certify Class and in Response to Defendants Letter Dated December 8, 2014 filed by Christine Panzella. (La Reddola, Robert) |
| Filing 66 REPLY in Opposition re #64 MOTION to Certify Class [Letter in Opposition] filed by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Reissman, Ralph) |
| Filing 65 Letter by Christine Panzella (La Reddola, Robert) |
| Filing 64 MOTION to Certify Class by Christine Panzella. Responses due by 12/4/2014 (Attachments: #1 Declaration of Robert J. La Reddola, #2 Affidavit of Christine Panzella, #3 Exhibit in support of motion, #4 Memorandum in Support, #5 Certificate of Service) (La Reddola, Robert) |
| Filing 63 REPLY in Support re #60 MOTION to Strike #56 Answer to Complaint filed by Christine Panzella. (La Reddola, Robert) |
| Filing 62 RESPONSE in Opposition re #60 MOTION to Strike #56 Answer to Complaint filed by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Reissman, Ralph) |
| Filing 61 Letter (cover letter to plaintiff's counsel re: service of motion for summary judgment) by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| Filing 60 MOTION to Strike #56 Answer to Complaint by Christine Panzella. Responses due by 12/4/2014 (La Reddola, Robert) |
| Filing 59 Letter enclosing Plaintiff's Motion for Summary Judgment by Christine Panzella (Attachments: #1 Certificate of Service, #2 Certificate of Service) (La Reddola, Robert) |
| Filing 58 Letter dated October 27, 2014 accompanying Plaintiff's Motion for Class Certification by Christine Panzella (Attachments: #1 Certificate of Service) (La Reddola, Robert) |
| Filing 57 Letter Rejecting County's Answer by Christine Panzella (La Reddola, Robert) |
| Filing 56 ANSWER to #1 Complaint by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Reissman, Ralph) |
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Filing 55
ORDER granting #53 Motion for Extension of Time to File Motion/Cross Motion for Summary Judgment. Ordered by Judge Sandra J. Feuerstein on 9/16/2014. (Florio, Lisa)
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| Filing 53 Letter MOTION for Extension of Time to File Motion/Cross Motion for Summary Judgment by Christine Panzella. (Feinstein, Michael) |
| Filing 52 NOTICE of Appearance by Michael A Feinstein on behalf of Christine Panzella (aty to be noticed) (Feinstein, Michael) |
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Filing 50
ORDER granting #49 Motion for Preliminary Injunction. IT IS ORDERED that the defendant(s) are restrained and enjoined from selling, destroying, transferring, and/or disposing any rifles or shotguns seized from the citizens of Nassau County. Ordered by Judge Sandra J. Feuerstein on 9/11/2014. (Florio, Lisa)
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| Filing 54 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 9/10/2014. Case called. Plaintiff is directed to submit to the sheriff a certified copy of the family court's order dismissing the order of protection and a demand for the release of her property within seven (7) days, and defts shall respond to plaintiff within thirty (30) days of receipt of the certified copy of the family court order and demand. Plaintiffs summary judgment motion must be served by October 22, 2014. Defts' response is due by November 13, 2014. Plaintiff shall serve any reply, and file the fully briefed summary judgment motion, by November 24, 2014. Defts shall submit to this Court, on or before October 14, 2014, for in camera review, a list of individuals whose longarms have been seized pursuant to family court orders and from whom the Sheriffs office has received a request for return with the last four (4) years. A further status conference is scheduled before Judge Feuerstein on 1/26/2015 at 11:15 am. (Florio, Lisa) |
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Filing 51
ORDER denying #48 Motion to Amend/Correct/Supplement #6 Order to Show Cause,,,, to include Firearms. Ordered by Judge Sandra J. Feuerstein on 9/10/2014. (Florio, Lisa)
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| Filing 49 Letter MOTION for Preliminary Injunction by Christine Panzella. (La Reddola, Robert) |
| Filing 48 Letter MOTION to Amend/Correct/Supplement #6 Order to Show Cause,,,, to include Firearms by Christine Panzella. (Attachments: #1 Exhibit Nassau County Police Policy) (La Reddola, Robert) |
| NOTICE of Hearing: Due to a change in the Court's calendar, the conference scheduled before Judge Feuerstein on 9/10/14 will be held at 12:00 pm. Counsel should note the change the conference time. c/ecf (Morabito, Bryan) |
| Filing 47 Letter by Christine Panzella (Attachments: #1 Exhibit Letter from Herkimer County Attorney) (La Reddola, Robert) |
| Filing 46 Letter in Response to the County's August 5, 2014 Letter by Christine Panzella (Attachments: #1 Exhibit 1 - Article 78 Cases from Jefferson County, #2 Exhibit 2 - Affidavit of Robert M. Maciol, Oneida County Sheriff, #3 Exhibit 3 - Oneida County Sheriff Policy, #4 4 - Affidavit of Paul J. VanBlarcum, Ulster County Sheriff) (La Reddola, Robert) |
| Filing 45 Letter regarding potential Court order by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| Case Reassigned to Magistrate Judge Steven I Locke. Magistrate Judge William D. Wall no longer assigned to the case. (Marziliano, August) |
| Filing 44 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 7/9/2014. Case called. The motion for summary judgment is terminated with leave to reopen. A further status conference is scheduled on 9/10/2014 at 10:30 am. (Florio, Lisa) |
| Filing 43 Letter in response to DE 41 Proposed Consent Order by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| NOTICE of Hearing: Please be advised that the conference scheduled before Judge Feuerstein on 7/9/14 is advanced to 10:30 am. Please note the change in conference time. c/ecf (Morabito, Bryan) |
| Filing 42 Letter by Christine Panzella (La Reddola, Robert) |
| Filing 41 Letter Proposing Consent Order by Christine Panzella (Attachments: #1 Proposed Consent Order) (La Reddola, Robert) |
| Filing 40 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 6/2/2014. Case called. A further status conference is scheduled before Judge Feuerstein on 7/9/2014 at 11:15 am. (Florio, Lisa) |
| Filing 39 Letter by Christine Panzella (La Reddola, Robert) |
| Filing 38 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 4/1/2014. Case called. A status conference is scheduled before Judge Feuerstein on 6/2/14 at 11:15 am. (Florio, Lisa) |
| Filing 36 Letter in Response to County's Survey by Christine Panzella (Attachments: #1 Exhibit Summary Chart, #2 Exhibit Email Communications) (La Reddola, Robert) |
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Filing 37
ORDER re #33 AFFIDAVIT/DECLARATION in Opposition re 32 MOTION for Return of Property MOTION to Compel to allow him to opt out of this class action suit filed by All Plaintiffs. SO ORDERED that the application is denied as moot. Filed in opposition to an improperly filed motion. Ordered by Judge Sandra J. Feuerstein on 3/28/2014. (Florio, Lisa)
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| Motions terminated, docketed incorrectly: #32 MOTION for Return of Property MOTION to Compel to allow him to opt out of this class action suit filed by Jonel Almazon. Motion has been terminated since a Non-parties cannot file motions with the court. (Florio, Lisa) |
| Filing 35 Letter from Pro Se Dept returning MOTION TO RETURN PROPERTY AND OPT OUT OF CLASS ACTION SUIT without docketing or consideration. (Florio, Lisa) |
| Filing 34 Letter regarding Statewide county practices on confiscation and return of firearms pursuant to Family Court Orders of Protection/Temporary Orders of Protection, by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| Filing 33 AFFIDAVIT/DECLARATION in Opposition re #32 MOTION for Return of Property MOTION to Compel to allow him to opt out of this class action suit filed by All Plaintiffs. (La Reddola, Robert) |
| Filing 32 MOTION for Return of Property , MOTION to Compel to allow him to opt out of this class action suit by Jonel Almazon. (Florio, Lisa) |
| Filing 31 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 1/9/2014. Case called. The conference date originally scheduled on 4/30/14 before Judge Feuerstein is advanced to 4/1/14 at 11:15 am. (Florio, Lisa) |
| Filing 30 NOTICE of Appearance by Wendy C. Pelle-Beer on behalf of Christine Panzella (aty to be noticed) (Pelle-Beer, Wendy) |
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Filing 29
ORDER denying #28 MOTION for Discovery for Rule 56 Motion and, MOTION for Extension of Time to File Response/Reply Supplementing Plaintiff's Opposition. SO ORDERED that the application is denied with leave to renew following a status conference on January 9, 2014 at 11:15 am( Status Conference set for 1/9/2014 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein.). Ordered by Judge Sandra J. Feuerstein on 12/26/2013. (Florio, Lisa)
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| Filing 28 MOTION for Discovery for Rule 56 Motion and, MOTION for Extension of Time to File Response/Reply Supplementing Plaintiff's Opposition by Christine Panzella. (Attachments: #1 Exhibit 1 - Affidavit of Salvatore Mistretta, sworn to April 29, 2010) (La Reddola, Robert) |
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Filing 27
ORDER: SO ORDERED that the Court intends to convert defts' #18 motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) into a motion for summary judgment under Federal Rule of Civil Procedure 56. Additional materials for the Court's consideration on the motion must be filed and served no later than Friday, January 10, 2014 at 3:00p.m.. Ordered by Judge Sandra J. Feuerstein on 12/6/2013. (Florio, Lisa)
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| Filing 26 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Show Cause Hearing held on 12/2/2013. Case called. Pending motions 18 and 20 is referred to the assigned Magistrate for report and recommendation. A Further Status Conference is scheduled before Judge Feuerstein on 4/30/2014 at 11:15 am. (Court Reporter Dominick Tursi.) (Florio, Lisa) |
| MOTIONS REFERRED: #20 Fully Briefed MOTION for Preliminary Injunction , #18 First Motion to Dismiss for Failure to State a Claim Motions referred to William D. Wall. (Florio, Lisa) |
| Filing 25 Letter Letter to Hon. Sandra J. Feuerstein enclosing Motion for Preliminary Injunction fully briefed and also enclosing Application for Preliminary Injunction with Memo of Law; Defendant's Memo of Law in opposition; and Plaintiff's amended Reply Memo of Law in Support of the application and the amended Declaration of Robert J. La Reddola by Christine Panzella (La Reddola, Robert) |
| Filing 24 Letter informing Court of misrepresentation by plaintiff's counsel, by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Reissman, Ralph) |
| Filing 23 REPLY in Support re #20 Fully Briefed MOTION for Preliminary Injunction Amended Declaration and Reply Memorandum of Law with cover letter filed by Christine Panzella. (Attachments: #1 Affidavit in Support, #2 Memorandum in Support) (La Reddola, Robert) |
| Filing 22 Letter to the Honorable Sandra J. Feuerstein to Correct the Omission of One Word in a Quotation Utilized in one of the County Defendants' Briefs, Upon the Insistence of Plaintiff, by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Laserna, Peter) |
| Filing 21 NOTICE of Appearance by Ralph J. Reissman on behalf of County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (aty to be noticed) (Reissman, Ralph) |
| Filing 20 Fully Briefed MOTION for Preliminary Injunction by Christine Panzella. (Attachments: #1 Memorandum in Support, #2 Memorandum in Opposition, #3 Declaration of Robert J. La Reddola with Additional Affidavits and Exhibit, #4 Memorandum in Support) (La Reddola, Robert) |
| Filing 19 Letter to the Honorable Sandra J. Feuerstein, Specifying All Documents Filed on ECF as Part of the County Defendants' Fully-Briefed Motion to Dismiss by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Laserna, Peter) |
| Filing 18 First Motion to Dismiss for Failure to State a Claim by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Attachments: #1 Declaration of Peter A. Laserna, #2 Exhibit A, #3 Exhibit B, #4 Memorandum in Support of the County Defendants' Motion to Dismiss, #5 Declaration of Robert J. La Reddola, with Plaintiff Exhibits A through D attached., #6 Memorandum in Opposition to the County Defendants' Motion to Dismiss, #7 Reply Memorandum in Further Support of the County Defendants' Motion to Dismiss) (Laserna, Peter) |
| Filing 17 Letter by Christine Panzella (La Reddola, Robert) |
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Filing 16
ORDER denying #14 Motion for Extension of Time to File Response/Reply and Adjournment of Defendants Motion to Dismiss. Plaintiff's opposition to motion to dismiss is due 11/22/2013. Defts' reply and fully briefed motion to be filed by 11/29/2013. Ordered by Judge Sandra J. Feuerstein on 11/20/2013. (Florio, Lisa)
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| Filing 15 RESPONSE in Opposition re #14 MOTION for Extension of Time to File Response/Reply and Adjourment of Defendants Motion to Dimiss filed by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Laserna, Peter) |
| Filing 14 MOTION for Extension of Time to File Response/Reply and Adjourment of Defendants Motion to Dimiss by Christine Panzella. (La Reddola, Robert) |
| Filing 13 MEMORANDUM in Opposition to Plaintiff's Application for a Preliminary Injunction filed by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Laserna, Peter) |
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Filing 12
ORDER denying #9 Motion for Discovery. SO ORDERED that the application is denied with leave to renew following the hearing on 12/2/2013. Ordered by Judge Sandra J. Feuerstein on 11/7/2013. (Florio, Lisa)
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| Filing 11 Letter to Plaintiff's Attorney with Attached Motion to Dismiss or in the Alternative Stay the Instant Action Pending Resolution of a Related Federal Matter, Served on November 7, 2013 by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato (Laserna, Peter) |
| Filing 10 RESPONSE in Opposition re #9 Amended MOTION for Discovery by the County Defendants filed by County of Nassau, Robert Mastropieri, Nassau County Sheriff's Department, Michael J. Sposato. (Attachments: #1 Exhibit A) (Laserna, Peter) |
| Filing 9 Amended MOTION for Discovery by Christine Panzella. (Attachments: #1 Exhibit 1 - Letter Requesting 26(f) Conference, #2 Exhibit 2 - Defendant's Response, #3 Exhibit 3 - Proposed Discovery Requests, #4 Exhibit 4 - Email to Defendant Regarding the Instant Application) (La Reddola, Robert) |
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ORDER denying #8 Motion for Discovery without prejudice to renewal before Judge Feuerstein, who has not yet referred supervision of discovery in this matter to the undersigned. Ordered by Magistrate Judge William D. Wall on 10/31/2013. (Hepworth, F.)
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| Filing 8 MOTION for Discovery by Christine Panzella. (Attachments: #1 Exhibit 1 - Letter Requesting 26(f) Conference, #2 Exhibit 2 - Defendant's Response, #3 Exhibit 3 - Proposed Discovery Requests, #4 Exhibit 4 - Email to Defendant Regarding the Instant Application) (La Reddola, Robert) |
| Filing 7 CERTIFICATE of Counsel Pursuant to Rule 7.1 by Robert James La Reddola on behalf of Christine Panzella (La Reddola, Robert) |
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Filing 6
ORDER TO SHOW CAUSE re #5 Unsigned Order to Show Cause for Preliminary Injunction and Temporary Restraining Order. SO ORDERED that the above named defts show cause before a motion term of this Court, at room, 1010, United States Courthouse, 100 Federal Plaza in Central Islip, NY on the 2nd day of December, 2013 at 11:15 am, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 FRCP. IT IS ORDERED that pending the hearing of plaintiff's application for a preliminary injunction,pursuant to Rule 65 FRCP the defendant(s) are temporarily restrained and enjoined from selling, destroying, transferring, disposing any rifles or shotguns seized from the citizens of Nassau County; and it is further Ordered, that personal service of a copy of this order and annexed affidavit upon the defts or counsel on or before 12:00, October 17, 2013 shall be deemed good and sufficient services. Ordered by Judge Sandra J. Feuerstein on 10/17/2013. (Florio, Lisa)
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| Filing 5 Unsigned Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by Christine Panzella. (Florio, Lisa) |
| Filing 4 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Show Cause Hearing held on 10/17/2013. Case called. Order entered on the record. A further show cause hearing is scheduled before Judge Feuerstein on 12/2/2013 at 11:15 am. Deft to serve opposition by 11/18/2013, and Plaintiff shall serve reply by 12/2/2013. (Florio, Lisa) |
| Filing 3 Summons Issued as to All Defendants. (Talbott, Thomas) |
| Filing 2 FILING FEE: $ 400.00, receipt number 13660 (Talbott, Thomas) |
| The case of Panzella v County of Nassau, et al., has been opened in the Eastern District of New York. The case number is 13cv5640(SJF)(WDW). PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Talbott, Thomas) |
| 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. (Talbott, Thomas) |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -no,, filed by Christine Panzella. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Talbott, Thomas) |
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