Carroll v. Krumpter et al
| Andrew Carroll |
| Thomas C. Krumpter, Steven E. Skrynecki, Daniel P. Flanagan, Officer Budinilic, John Doe, Nassau County Police Departement and County Of Nassau |
| 2:2015cv01550 |
| March 25, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R Lindsay |
| Arthur D Spatt |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 46
MEMORANDUM OF DECISION & ORDER: For the reasons set forth above, the Plaintiff's motion for summary judgment is granted with respect to his Fourteenth Amendment procedural due process claim; the remainder of the motion is denied. Further, the Defendants' motion for summary judgment is denied. The Court respectfully refers this case to United States Magistrate Judge Arlene R. Lindsay for an inquest into any potential damages stemming from the Plaintiffs Fourteenth Amendment Claim. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 7/12/2019. (Coleman, Laurie)
|
| Filing 45 RESPONSE in Opposition re #43 Cross MOTION for Summary Judgment and in Reply filed by Andrew Carroll. (Bean, Robert) |
| Filing 44 MOTION for Summary Judgment [PLAINTIFF'S COUNTER-STATEMENT OF FACT PURSUANT TO LOCAL RULE 56.1] by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
| Filing 43 Cross MOTION for Summary Judgment by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Attachments: #1 Rule 56.1 Statement, #2 Memorandum in Support) (Reissman, Ralph) |
|
Electronic ORDER re #42 Reply in Opposition. On consent of the parties, this revised summary judgment briefing schedule is approved. The Defendants are advised that the Court will not entertain any further extensions of time to file their opposition to Plaintiff's motion for summary judgment and cross-motion for summary judgment. So Ordered by Judge Arthur D. Spatt on 10/27/2018. (Roberts, Joshua)
|
| Filing 42 REPLY in Opposition re #41 Letter and motion to extend time to file opposition and cross-motion, without opposition from plaintiff's counsel, filed by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
| Filing 41 Letter Requesting Decision Without Opposition by Andrew Carroll (Bean, Robert) |
|
Electronic ORDER: For administrative purposes, the Clerk of the Court is respectfully directed to terminate and immediately restore the Plaintiff's [37,38] motion for summary judgment. The Plaintiff is not required to refile his motion. Furthermore, this does not affect the parties' filing deadlines. So Ordered by Judge Arthur D. Spatt on 9/8/2018. (Roberts, Joshua)
|
|
Electronic ORDER granting #40 Motion for Extension of Time to File. On consent of the parties, this revised summary judgment briefing schedule is approved. Ordered by Judge Arthur D. Spatt on 07/28/2018. (Roberts, Joshua)
|
| Filing 40 Second MOTION for Extension of Time to File opposition to summary judgment, and also file cross-motion for summary judgment by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
|
Electronic ORDER granting #39 Motion for Extension of Time to File. On consent of the parties, this revised summary judgment briefing schedule is approved. Ordered by Judge Arthur D. Spatt on 6/5/2018. (Roberts, Joshua)
|
| Filing 39 Consent MOTION for Extension of Time to File opposition to summary judgment motion, and to file cross-motion for summary judgment by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
|
Electronic ORDER. For administrative purposes, the Clerk of the Court is respectfully directed to terminate and immediately restore the Plaintiff's [37,38] motion for summary judgment. The Plaintiff is not required to refile his motion. Furthermore, this does not affect the parties' filing deadlines. The Clerk of the Court is directed to terminate [30, 32, 33] as granted. Ordered by Judge Arthur D. Spatt on 3/1/2018. (Roberts, Joshua)
|
| Filing 38 First MOTION for Summary Judgment Memo of Law in Support by Andrew Carroll. (Attachments: #1 Declaration Carroll Declaration, #2 Declaration Bean Declaration, #3 Exhibit OPS 10023, #4 Exhibit PDCN 41, #5 Exhibit Skrynecki Depo, #6 Exhibit Confiscation Data, #7 Exhibit Reissman e-mail, #8 Declaration 2nd Bean Declaration, #9 Exhibit Gisondi Depo, #10 Exhibit Carroll Depo, #11 Exhibit Domestic Incident Rept) (Bean, Robert) |
| Filing 37 First MOTION for Summary Judgment Notice by Andrew Carroll. (Attachments: #1 Rule 56.1 Statement) (Bean, Robert) |
| Filing 36 MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Pre-Motion Conference held on 12/14/2017. Case called. Counsel for all sides present. Pre-motion conference held. Settlement discussions held. Case not settled at this time. A briefing schedule was set for plaintiff to move for summary judgment. (Coleman, Laurie) |
|
Filing 35
ORDER re #34 motion to adjourn conference. Application granted. The pre-motion conference is adjourned to 12/14/2017 at 9:00 a.m. Ordered by Judge Arthur D. Spatt on 11/3/2017. Movant to serve parties by fax. (Coleman, Laurie)
|
| Filing 34 Joint MOTION to Adjourn Conference by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
| Filing 33 Cross MOTION for pre motion conference re #32 Supplemental MOTION for pre motion conference re #30 Letter MOTION for pre motion conference re Summary Judgment by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
|
Electronic ORDER Setting Hearing on #30 Motion for Pre-Motion Conference. An in-person conference has been scheduled before the undersigned for 11/14/2017 at 9:00 a.m. in Courtroom 1020 of the Central Islip courthouse. Counsel for all parties shall appear authorized and prepared to discuss settlement at that time. Any requests to adjourn the conference date shall be made in writing on ECF and include at least three proposed alternative dates on which all sides are available. So Ordered by Judge Arthur D. Spatt on 10/26/2017. (Roberts, Joshua)
|
| Filing 32 Supplemental MOTION for pre motion conference re #30 Letter MOTION for pre motion conference re Summary Judgment by Andrew Carroll. (Attachments: #1 Rule 56.1 Statement) (Bean, Robert) |
|
ORDER re #31 : The application to adjourn the deadline for submission of the joint pretrial order until a date after decision on the summary judgment motion is denied. The undersigned believes that the joint pretrial order should be prepared soon after the close of discovery. However, given the anticipated motion, the court will cancel the October 24, 2017 final conference and extend the time to submit the proposed joint pretrial order until February 26, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 10/20/2017. c/ecf (Imrie, Robert)
|
| Filing 31 First MOTION to Adjourn Conference Final Conference by Andrew Carroll. (Bean, Robert) |
| Filing 30 Letter MOTION for pre motion conference re Summary Judgment by Andrew Carroll. (Attachments: #1 Rule 56.1 Statement) (Bean, Robert) |
|
ORDER granting #29 ; Application granted. Ordered by Magistrate Judge Arlene R. Lindsay on 9/5/2017. c/ecf (Miller, Dina)
|
| Filing 29 Consent MOTION for Extension of Time to File [serve Local Rule 56.1 Statement] by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
|
ORDER re #27 , #28 : The Motion to Compel is deemed withdrawn. All discovery is complete. Any party planning on making a dispositive motion must take the first step in the motion process by August 25, 2017. The July 26, 2017 final conference is adjourned to October 24, 2017 at 2:00 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2017. c/ecf (Imrie, Robert)
|
| Filing 28 First MOTION to Adjourn Conference Final Conference by Andrew Carroll. (Bean, Robert) |
| Filing 27 Second MOTION to Compel Discovery by Andrew Carroll. (Attachments: #1 Exhibit e-mail, #2 Exhibit Letter, #3 Exhibit Letter, #4 Exhibit Notice of Deposition, #5 Exhibit Notice of Deposition, #6 Exhibit Letter) (Bean, Robert) |
|
ORDER re #25 , #26 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by June 9, 2017. Immediately upon receipt of this Order counsel are directed to schedule the remaining depositions. Any party planning on making a dispositive motion must take the first step in the motion process by June 30, 2017. The May 2, 2017 final conference is adjourned to July 26, 2017 at 11:30 a.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 4/24/2017. c/ecf (Imrie, Robert)
|
| Filing 26 Joint MOTION for Extension of Time to Complete Discovery by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
| Filing 25 Second MOTION for Extension of Time to Complete Discovery Depositions of Defendants by Andrew Carroll. (Attachments: #1 Exhibit Letters, #2 Exhibit Notice of Depositions) (Bean, Robert) |
|
ORDER re #24 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by March 31, 2017. Any party planning on making a dispositive motion must take the first step in the motion process by April 14, 2017. The final conference is rescheduled to May 2, 2017 at 11:30 a.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 2/27/2017. c/ecf (Imrie, Robert)
|
| Filing 24 First MOTION for Extension of Time to Complete Discovery by Andrew Carroll. (Bean, Robert) |
|
ORDER: The final conference previously scheduled for December 19, 2016 is cancelled. The Court will schedule a new date for the final conference via separate order. Ordered by Magistrate Judge Arlene R. Lindsay on 12/16/2016. (Lanin, Debbie)
|
| Document #21 terminated (Imrie, Robert) |
|
ORDER: Counsel for the Plaintiff has advised that he has an unavoidable conflict on November 9, 2016. Accordingly, the November 9, 2016 Discovery Conference is adjourned to November 30, 2016 at 11:30 a.m. Prior to the rescheduled conference, the parties are directed to submit a joint status letter outlining the remaining discovery disputes. Ordered by Magistrate Judge Arlene R. Lindsay on 11/2/2016. c/ecf (Imrie, Robert) Modified on 11/3/2016 (Imrie, Robert).
|
|
ORDER: Due to a change in the Court's calendar the November 3, 2016 conference is adjourned to November 9, 2016 at 2:00 p.m. Ordered by Magistrate Judge Arlene R. Lindsay on 11/1/2016. c/ecf (Imrie, Robert)
|
|
ORDER re #23 : The October 17, 2016 conference is adjourned to November 3, 2016 at 11:30 a.m. Ordered by Magistrate Judge Arlene R. Lindsay on 10/14/2016. c/ecf (Imrie, Robert)
|
| Filing 23 Letter MOTION to Adjourn Conference by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
|
Filing 22
ORDER temporarily denying #21 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 10/5/2016. c/ecf (Miller, Dina)
|
| Filing 21 First MOTION for Sanctions for violation of discovery order by Andrew Carroll. (Attachments: #1 Certificate of Service) (Bean, Robert) |
|
ORDER re #20 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by November 18, 2016. Any party planning on making a dispositive motion must take the first step in the motion process by December 2, 2016. The October 18, 2016 final conference is adjourned to December 19, 2016 at 11:30 a.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 8/22/2016. c/ecf (Imrie, Robert)
|
| Filing 20 Consent MOTION for Extension of Time to Complete Discovery by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Reissman, Ralph) |
| Filing 19 NOTICE of Appearance by Ralph J. Reissman on behalf of Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki (aty to be noticed) (Reissman, Ralph) |
|
Filing 18
ORDER re #17 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/1/2016. c/ecf (Imrie, Robert)
|
|
ORDER re #16 : Letters between counsel should not be filed with the court.Ordered by Magistrate Judge Arlene R. Lindsay on 7/21/2016. c/ecf (Miller, Dina)
|
| Filing 17 Letter MOTION for Discovery by Andrew Carroll. (Bean, Robert) |
| Filing 16 Letter MOTION for Discovery by Andrew Carroll. (Bean, Robert) |
|
Filing 15
SCHEDULING ORDER: Final Pretrial Conference set for October 18, 2016 at 11:00 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 2/25/2016. c/ecf (Imrie, Robert)
|
|
ORDER re #12 ; #14 : The parties have agreed to the dates set forth in the proposed scheduling order. Accordingly, the initial conference is canceled. The scheduling order will be entered by the court. Ordered by Magistrate Judge Arlene R. Lindsay on 2/25/2016. c/ecf (Imrie, Robert)
|
| Filing 14 Letter MOTION to Adjourn Conference by Andrew Carroll. (Bean, Robert) |
|
Filing 13
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 2/12/2016. (Attachments: #1 Proposed Scheduling Order) c/ecf (Imrie, Robert)
|
| Filing 12 Letter MOTION for Hearing Initial Conference by Andrew Carroll. (Bean, Robert) |
|
Filing 11
ORDER Denying #6 Motion for Preliminary Injunction: PLEASE SEE ORDER FOR FURTHER DETAILS. So Ordered by Judge Arthur D. Spatt on 11/30/2015. (Ortiz, Grisel)
|
| Filing 10 REPLY in Support re #6 Notice of MOTION for Preliminary Injunction filed by Andrew Carroll. (Attachments: #1 Declaration, #2 Declaration) (Bean, Robert) |
| Filing 9 RESPONSE in Opposition re #6 Notice of MOTION for Preliminary Injunction filed by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Attachments: #1 Exhibit) (Petillo, Diane) |
| Filing 8 Letter MOTION for Extension of Time to File response to Motion for Preliminary Injunction by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Petillo, Diane) |
|
ORDER granting #8 Motion for Extension of Time to File. So ordered by Judge Arthur D. Spatt on 6/23/2015.
|
|
The Defendants are directed to file any papers in response to the Plaintiff's May 15, 2015 motion for a preliminary injunction on or before June 26, 2015. The Plaintiff will then have until July 17, 2015 to file any reply papers. So Ordered by Judge Arthur D. Spatt on 6/12/2015.
|
| Filing 7 MEMORANDUM in Support re #6 Notice of MOTION for Preliminary Injunction filed by Andrew Carroll. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Bean, Robert) |
| Filing 6 Notice of MOTION for Preliminary Injunction by Andrew Carroll. (Bean, Robert) |
| Filing 5 ANSWER to #1 Complaint by Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Nassau County Police Departement, Steven E. Skrynecki. (Petillo, Diane) |
|
ORDER REASSIGNING CASE. Case reassigned to Judge Arthur D. Spatt as related to 14cv7210 for all further proceedings. Judge Sandra J. Feuerstein no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 4/22/2015. (Bowens, Priscilla)
|
| Filing 4 Notice of Related Case (Bean, Robert) |
| NOTICE of Hearing: Initial Conference set for 7/30/2015 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, NY, 11722. The parties must appear with authority, or with individuals with authority, to settle this matter. Plaintiff shall serve a copy of this Notice of Hearing upon defendant(s) and file proof of such service with the Court. (Whipple, Kate) |
| Filing 3 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. (Cox, Dwayne) |
| Filing 2 Summons Issued as to Budinilic, County Of Nassau, Daniel P. Flanagan, Thomas C. Krumpter, Steven E. Skrynecki. (Cox, Dwayne) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Andrew Carroll. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 4653086153 (Cox, Dwayne) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
