Capozzola v. Town of Southampton et al
| Christine Capozzola |
| Robert Long and East Quogue Union Free School District |
| Town of Southampton, Lisa Costa, John and Jane Does 1-4 and Southampton Town Police Department |
| 2:2017cv03913 |
| June 30, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F Bianco |
| Gary R Brown |
| Kiyo A Matsumoto |
| James M Wicks |
| Civil Rights: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 116 Letter MOTION to Strike #114 1 - Sealed Document CV, Settlement Agreement Letter Motion Requesting Docket Entry 114 Be Removed and Stricken from the Docket by East Quogue Union Free School District. (Lineen, Caroline) |
ORDER granting #116 Motion to Strike. The Clerk of Court is respectfully directed to strike docket entry 114 and its attachment from the docket. Ordered by Judge Kiyo A. Matsumoto on 4/21/2022. (Duhaime, Daniel)
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SCHEDULING ORDER re #114 Settlement Agreement filed by East Quogue Union Free School District. The settlement agreement does not require judicial approval and the court will not permit it to be filed under seal. By April 22, 2022, counsel for Defendant East Quogue Free School District shall either (1) file a letter requesting that the #114 settlement agreement, which was not docketed as a motion for leave to file under seal, be stricken from the docket; or (2) file the settlement agreement on the public docket. Ordered by Judge Kiyo A. Matsumoto on 4/20/2022. (Duhaime, Daniel)
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Filing 115
STIPULATION OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for all parties to the above-entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued with prejudice, without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. Ordered by Judge Kiyo A. Matsumoto on 4/19/2022. (Williams-Jackson, Sandra)
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| Filing 114 SETTLEMENT AGREEMENT Request to So Order and File Under Seal by East Quogue Union Free School District (Attachments: #1 Exhibit Confidential Settlement Agreement) (Lineen, Caroline) |
| Filing 113 STIPULATION of Dismissal with Prejudice as to all parties by Lisa Costa, Southampton Town Police Department, Town of Southampton (Berger, Cheryl) |
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ORDER granting #112 Motion for Extension of Time to File Stipulation of Dismissal. The Stipulation of Dismissal shall now be filed on or before April 18, 2022. So Ordered by Magistrate Judge James M. Wicks on 4/2/2022. (Wicks, James)
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| Filing 112 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
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SCHEDULING ORDER: In light of the parties' settlement, the court adjourns all current deadlines sine die. If for any reason the parties do not intend to file a stipulation of dismissal by the deadline set by Magistrate Judge Wicks, they shall immediately advise the court so that the deadlines may be reinstated. Ordered by Judge Kiyo A. Matsumoto on 3/2/2022. (Duhaime, Daniel)
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| Minute Order for proceedings held before Magistrate Judge James M. Wicks: SETTLEMENT CONFERENCE. Settlement Conference held on 3/1/2022 at 12:30 PM. The parties achieved a settlement. As such, the parties shall file a stipulation of dismissal on or before April 1, 2022. (FTR Log #5:13-5:18.) (Ortiz, Grisel) |
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ORDER: The parties shall submit a report to this Court on the outcome of the settlement conference scheduled on March 1, 2022 before Mag. Judge Wicks by March 4, 2022. Ordered by Judge Kiyo A. Matsumoto on 2/17/2022. (Williams-Jackson, Sandra)
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| Filing 111 NOTICE of Appearance by John M. Shields on behalf of Lisa Costa, Southampton Town Police Department, Town of Southampton (notification declined or already on case) (Shields, John) |
| Filing 110 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Robert M. Bursky, Craig A. Riha and Timothy Feil. Counsel For Defendants: Cheryl Berger, John M. Shields and Caroline B. Lineen. Status Conference held on 2/14/2022 at 11:00 AM. After discussion of status with the parties, the court scheduled an in person Settlement Conference for March 1, 2022, at 12:30 PM in courtroom 1020. Counsel are directed to appear with clients, with the exception of the two insurance representatives who are permitted to appear by Zoom. A Zoom invite will be circulated to counsel prior to the Settlement Conference which can then be forwarded to the respective insurance representatives. Parties shall comply with Judge Wicks' Individual Practice Rules regarding Settlement Conferences (Rules 5) and email, not file, their ex parte statements on or before 2/25/2022. (FTR Log #11:04-11:18 (video).)(Ortiz, Grisel) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 2/3/2022. Appearances: Robert Bursky, Esq. for Plaintiff; Cheryl Berger, Esq. for Town Defendants; Caroline Lineen, Esq. for District Defendants. The court held a pre-motion confernece in Courtroom 6C South on the proposed motions for summary judgment. The parties appeared by telephone. The court will consider Plaintiff's motion to amend the caption and Defendants' motions for summary judgment on the same briefing schedule. The parties' respective motions shall be served by February 21, 2022; oppositions shall be served by March 7, 2022; replies shall be served by March 14, 2022, and the parties shall then file the complete sets of motion papers in a logical order on ECF. No extensions will be granted.The court also reserved July 5, 2022 for jury selection and trial on all issues in this case. The parties shall conduct expedited expert discovery under the supervision of Magistrate Judge Wicks. The parties are also encouraged to attempt to settle this case with the assistance of Magistrate Judge Wicks. (Court Reporter Avery Armstrong) (Duhaime, Daniel) |
| Filing 109 REPLY in Support re #93 Rule 56.1 Statement,,, filed by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Attachments: #1 Declaration Reply Declaration of Det. Lisa Costa, #2 Declaration Reply Declaration of Det. Melissa Benjamin, #3 Reply Declaration of PO Erik Breitwieser) (Berger, Cheryl) |
| Filing 108 RULE 56.1 STATEMENT Reply 56.1 Statement of Facts filed by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 107 Consent MOTION for Extension of Time to File Response/Reply as to #99 Letter, #100 Letter REPLY 56.1 Statements by all defendants by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
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ORDER denying #107 Motion for Extension of Time to File Response/Reply. The defendants' motion to extend the time to file reply 56.1 statements and to postpone the February 3, 2022 pre-motion conference is respectfully denied. Pursuant to the undersigned's Chambers Practices, a reply 56.1 statement may only respond to an opposing party's statement of additional material facts. Plaintiff's statements of additional material facts include the same 17 statements spanning only two pages. (ECF No. 99-1 at 14-15; ECF No. 100-1 at 56-57.) The court's January 28, 2022 deadline provides ample time for the defendants to respond to these statements, which were filed more than a week prior to the parties seeking a stay.The court cannot conclude that an extension is warranted based on defense counsel's statement that she and unidentified co-counsel have an unspecified sickness or sicknesses requiring additional time to recover (ECF No. 107 at 1), particularly since the town and district defendants each have multiple counsel representing them in this action. Finally, contrary to the defendants' assertion (id.), the court's reinstatement of the pre-motion conference and deadline to submit reply 56.1 statements was not unexpected. The parties obtained a stay to pursue mediation. After reporting that their mediation was unsuccessful, the parties had every reason to expect that the court would promptly reinstate deadlines for the pending motions in this case.Accordingly, defendants' #107 motion is respectfully denied. If defense counsel's unidentified medical issues prevent them from filing the defendants' reply 56.1 statements or attending the February 3, 2022 pre-motion conference, they may renew their request and provide sufficient cause for the extension. Ordered by Judge Kiyo A. Matsumoto on 1/26/2022. (Duhaime, Daniel)
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SCHEDULING ORDER: The parties shall appear for a Status Conference on 2/14/2022 at 11:00 AM before Magistrate Judge James M. Wicks, via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. So Ordered by Magistrate Judge James M. Wicks on 1/26/2022. (Weinstein, Tracy) Modified on 1/27/2022- modified docket text to correct the virtual hearing from Telephone to Video Zoom. (Ortiz, Grisel).
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| Filing 106 STATUS REPORT by East Quogue Union Free School District (Lineen, Caroline) |
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SCHEDULING ORDER re #106 Status Report. The court is in receipt of the parties' #106 letter, indicating that their private mediation session was unsuccessful. If the parties wish to request a settlement conference with Magistrate Judge Wicks, they may do so in accordance with his individual rules.Defendants may file their reply 56.1 statements, if any, by January 28, 2022. The parties shall appear telephonically for a pre-motion conference on February 3, 2022 at 11:00 AM regarding the proposed summary judgment motions. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 1/25/2022. (Duhaime, Daniel)
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ORDER: In light of the 11/24/2021 Order staying all matters sine die, the Oral Argument scheduled for 2/7/2022 is hereby canceled. So Ordered by Magistrate Judge James M. Wicks on 1/19/2022. (Ortiz, Grisel)
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ORDER re #105 Letter. The court is in receipt of the parties' joint letter, indicating that they have scheduled a private mediation session on January 20, 2022. By January 25, 2022, the parties shall file a joint status letter updating the court on their efforts to resolve this case. Ordered by Judge Kiyo A. Matsumoto on 12/23/2021. (Duhaime, Daniel)
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| Filing 105 Letter by Christine Capozzola (Bursky, Robert) |
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ORDER re #104 Joint Letter Motion. The court adjourns all current deadlines sine die. By December 22, 2021, the parties shall submit a joint status letter reporting on their efforts to resolve this case. In the letter, the parties should confirm that they have scheduled a settlement conference with Magistrate Judge Wicks. Ordered by Judge Kiyo A. Matsumoto on 11/24/2021. (Duhaime, Daniel)
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| Filing 104 Joint MOTION to Stay re Order,, #103 Video Conference,,,, Pre Motion Conference,,,, Set Hearings,,, #99 Letter, #100 Letter Joint Motion to Stay All Case Deadlines or, at minimum, Consent MOTION for Extension of Time to File Reply 56.1 Statements by all defendants by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 103 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR PRE-MOTION CONFERENCE. Counsel For Plaintiff: Robert M. Bursky, Craig A. Riha and Timothy Feil. Counsel For Defendant: Cheryl Berger and Caroline B. Lineen. Video Pre Motion Conference held on 11/16/2021 at 10:00 AM. Pre-Motion Conference held regarding Plaintiff's Motion to Amend the Caption. The following briefing schedule was set: Plaintiff shall serve the motion on or before 12/10/21; Defendants shall serve their opposition on or before 1/10/22; Plaintiff shall serve reply papers, if any, on or before 1/24/22. The parties shall file the fully briefed motion papers in accordance with the undersigned's Individual Rules (3(C)), on 1/24/22. Oral Argument is scheduled for February 7, 2022 at 2:00 PM in courtroom 1020. (FTR Log #10:04-10:12 (video).) (Ortiz, Grisel) |
| Hearing set pursuant to #103 minute entry. (Ortiz, Grisel) |
| Filing 102 DECLARATION re #99 Letter, #100 Letter of Craig Riha, Esq. by Christine Capozzola (Attachments: #1 Exhibit) (Riha, Craig) |
| Filing 101 DECLARATION re #99 Letter, #100 Letter by Christine Capozzola (Riha, Craig) |
| Filing 100 Letter response to Town Defendants' Summary Judgment Request by Christine Capozzola (Attachments: #1 Rule 56.1 Statement) (Riha, Craig) |
| Filing 99 Letter response to District Defendants' Summary Judgment Request by Christine Capozzola (Attachments: #1 Rule 56.1 Statement) (Riha, Craig) |
| Filing 98 Letter MOTION for Leave to File Document re Town Defendants' Rule 56.1 statement by Christine Capozzola. (Riha, Craig) |
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ORDER terminating #98 Motion for Leave to File. In accordance with Rules III.B.1 and III.B.3.a of the undersigned's Chambers Practices, Plaintiff may submit a response letter not to exceed three pages for each letter requesting a pre-motion conference. To the extent Plaintiff seeks leave to file additional letters relating exclusively to the Defendants' 56.1 statements, that request is respectfully denied. Ordered by Judge Kiyo A. Matsumoto on 11/15/2021. (Duhaime, Daniel)
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| Filing 97 Letter MOTION for Extension of Time to File Response/Reply to Defendants' summary judgment requests by Christine Capozzola. (Riha, Craig) |
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ORDER granting #86 #87 Motion for Pre-Motion Conference; #90 Motion for Pre-Motion Conference; #97 Motion for Extension of Time. Plaintiff shall respond to defendants' letters by November 15, 2021. The parties shall appear telephonically for a pre-motion conference on November 29, 2021 at 3:30 PM. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 10/21/2021. (Duhaime, Daniel)
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ORDER. Plaintiff's Motion #88 for a Pre-Motion Conference is hereby granted. The parties shall appear for a Pre-Motion Conference on Plaintiff's Motion to Substitute on November 16, 2021 at 10:00 AM before Magistrate Judge James M. Wicks, by video. The Court will email a Zoom link closer to the hearing date. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Ordered by Magistrate Judge James M. Wicks on 10/20/2021. (Weinstein, Tracy)
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| Filing 96 RESPONSE in Opposition re #88 Letter MOTION for pre motion conference to Amend Caption Town Defendants' Opposition to Motion to Amend the Complaint to Add New Parties filed by Lisa Costa, East Quogue Union Free School District, Southampton Town Police Department. (Berger, Cheryl) |
| Filing 95 AFFIDAVIT/DECLARATION in Support re #90 MOTION for pre motion conference regarding Rule 56 Motion for Summary Judgment Revised Declaration with All Exhibits filed by East Quogue Union Free School District, Robert Long. (Attachments: #1 Exhibit A Goldfarb Deposition Transcript, #2 Exhibit B Long Deposition Transcript, #3 Exhibit C Costa Deposition Transcript, #4 Exhibit D Benjamin Deposition Transcript, #5 Exhibit E Plaintiff Deposition Transcript, #6 Exhibit F Plaintiff 50h Transcript, #7 Exhibit G Gomez Deposition Transcript, #8 Exhibit H Rezza Deposition Transcript, #9 Exhibit I Breitwieser Deposition Transcript, #10 Exhibit J Schottenhamel Deposition Transcript, #11 Exhibit K Purkis Deposition Transcript, #12 Exhibit L Spencer Deposition Transcript, #13 Exhibit M 1/26/16 Lockdown Memo, #14 Exhibit N 1/14/16 Board Update, #15 Exhibit O Audio of 911 Dispatch, #16 Exhibit P Amended Complaint, #17 Exhibit Q Answer to Amended Complaint, #18 Exhibit R Notice of Claim) (Lineen, Caroline) |
| Filing 94 RULE 56.1 STATEMENT re #90 MOTION for pre motion conference regarding Rule 56 Motion for Summary Judgment Revised 56.1 Statement of Facts filed by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 93 RULE 56.1 STATEMENT re #86 MOTION for pre motion conference to file motion for summary judgment corrected to cite to Berger Declaration with exhibits annexed filed by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Attachments: #1 Declaration Berger Decl. in Supp. of MSJ, #2 Exhibit Amended Complaint, #3 Exhibit Depo Tr. Robert Long, #4 Exhibit Depo Tr. Lisa Costa, #5 Exhibit Depo Tr. Melissa Benjamin (non-party), #6 Exhibit Capozzola Depo Tr. - excerpts, #7 Exhibit Capozzola 50H Tr. - excerpts, #8 Exhibit Depo Tr. Eric Gomez (non-party) of the E. Quogue School, #9 Exhibit Depo Tr, PO Breitwieser (non-party), #10 Exhibit Depo Tr. Sgt. Schottenhamel (non-party), #11 Exhibit Depo Tr. George Purkis (non-party_ of the E. Quogue School District, #12 Exhibit Depo of Lt. Spencer (non-party), #13 Exhibit Notice of Claim) (Berger, Cheryl) |
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ORDER granting in part and denying in part #89 Motion for Extension of Time. The court grants defendants until October 18, 2021 to file all exhibits to their declarations. The parties are respectfully directed to Rule III.B.3.e, which provides that "[a]ny evidence cited in a party's 56.1 statement must be attached as an exhibit to a declaration and filed along with a party's 56.1 statement." Ordered by Judge Kiyo A. Matsumoto on 10/15/2021. (Duhaime, Daniel)
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| Filing 92 AFFIDAVIT/DECLARATION in Support re #90 MOTION for pre motion conference regarding Rule 56 Motion for Summary Judgment filed by East Quogue Union Free School District, Robert Long. (Attachments: #1 Exhibit A Amended Complaint, #2 Exhibit B Answer to Amended Complaint, #3 Exhibit C Notice of Claim, #4 Exhibit E 1/26/16 Lockdown Memo, #5 Exhibit F 1/14/16 Board Update, #6 Exhibit F Audio Recordings of 911 Dispatch) (Lineen, Caroline) |
| Filing 91 DECLARATION re #87 MOTION for pre motion conference re #86 MOTION for pre motion conference to file motion for summary judgment 56.1 Statement, #86 MOTION for pre motion conference to file motion for summary judgment by Lisa Costa, Southampton Town Police Department, Town of Southampton (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Pl's Resps to Interrogatories, #3 Exhibit Training Materials (to be filed under seal), #4 Exhibit Notice of Claim against the Town of Southampton, #5 Declaration Decl. of Det/Sgt Lisa Costa, #6 Declaration Decl. of non-party PO Breitwieser) (Berger, Cheryl) |
| Filing 90 MOTION for pre motion conference regarding Rule 56 Motion for Summary Judgment by East Quogue Union Free School District, Robert Long. (Attachments: #1 Rule 56.1 Statement) (Lineen, Caroline) |
| Filing 89 MOTION for Extension of Time to File by Lisa Costa, East Quogue Union Free School District, Robert Long, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 88 Letter MOTION for pre motion conference to Amend Caption by Christine Capozzola. (Riha, Craig) |
| Filing 87 MOTION for pre motion conference re #86 MOTION for pre motion conference to file motion for summary judgment 56.1 Statement by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 86 MOTION for pre motion conference to file motion for summary judgment by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 85 First MOTION for Extension of Time to File Pre-motion Conference Requests by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
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ORDER granting #85 Motion for Extension of Time. For the reasons set forth in the parties' joint letter #85 , the court grants the parties a two-week extension to file pre-motion conference requests and accompanying Rule 56.1 statements of facts. The parties shall file pre-motion conference requests by October 14, 2021. Ordered by Judge Kiyo A. Matsumoto on 9/28/2021. (Tran, Alexander)
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ORDER denying defendants' #82 Motion for Reconsideration. Defendants have failed to identify "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice." Maureen Miller v. United States of America, No. 15-cv-04262, 2021 WL 2685522, at *2 (E.D.N.Y. June 30, 2021). As previously discussed, the court agrees that plaintiff reasonably understood that the time to commence dispositive motion practice was during the 30-day time period after the certified close of discovery. (See ECF Nos. #77 , #83 ; Dkt. Order 1/15/21.) The court further concludes that defendants would not be prejudiced from an extension in the deadline to submit a pre-motion conference request; that judicial efficiency favors the court reviewing both parties' pre-motion conference requests for leave to file cross-summary judgment motions; and that the court retains broad authority to manage its cases and docket. For these reasons, the court respectfully denies defendants' motion for reconsideration. The court reminds the parties to adhere to the court's Chambers Practices in filing any pre-motion conference requests. Ordered by Judge Kiyo A. Matsumoto on 7/14/2021. (Tran, Alexander)
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| Filing 84 REPLY in Support re #82 First MOTION for Reconsideration re Order on Motion for Leave to File, , Order on Motion for Leave to File, filed by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 83 RESPONSE in Opposition re #82 First MOTION for Reconsideration re Order on Motion for Leave to File, filed by Christine Capozzola. (Riha, Craig) |
| Filing 82 First MOTION for Reconsideration re Order on Motion for Leave to File, by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 81 RESPONSE in Opposition re #80 Letter MOTION for Leave to File Document pre-motion request for summary judgment filed by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
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ORDER granting plaintiff's #80 Motion for Leave to File Pre-Motion Conference Request. The plaintiff is granted leave to file a pre-motion conference letter in accordance with the court's Individual Rules before September 30, 2021. The court notes that plaintiff filed a pre-motion conference request within the 30 day time period after the certified close of discovery. Ordered by Judge Kiyo A. Matsumoto on 7/13/2021. (Tran, Alexander)
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| Filing 80 Letter MOTION for Leave to File Document pre-motion request for summary judgment by Christine Capozzola. (Attachments: #1 Exhibit A) (Riha, Craig) |
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ORDER granting #79 Motion for Leave to File Pre-Motion Conference Requests. The defendants are granted leave to file pre-motion conference letters in accordance with the Court's Individual Rules before September 30, 2021. (See Individual Rules Section III.B.3 (discussing procedures for filing summary judgment motions).) Ordered by Judge Kiyo A. Matsumoto on 7/9/2021. (Tran, Alexander)
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| Filing 79 MOTION for Leave to File Document pre-motion conference requests for summary judgment by the E. Quogue School District Defendants and by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Attachments: #1 Exhibit School District Defs. 1/22/21 timely-filed pre-motion ltr for leave to file summary judgment motion, #2 Exhibit Town Defs. 1/22/21 timely filed pre-motion letter for leave to file for summary judgment) (Berger, Cheryl) |
| Case Reassigned to Judge Kiyo A. Matsumoto. Judge Roslynn R. Mauskopf no longer assigned to the case. 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. (Mahoney, Brenna) |
| Filing 78 NOTICE of Appearance by Robert Marc Bursky on behalf of Christine Capozzola (aty to be noticed) (Bursky, Robert) |
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ORDER terminating #68 Motion for Pre Motion Conference; terminating #69 Motion for Pre Motion Conference; terminating #72 Motion for Pre Motion Conference; terminating #75 Motion for Leave to File Excess Pages. This action will shortly be transferred to a new District Judge. The terminated motions may be refiled in accordance that that judge's individual motion practices and rules. Ordered by Judge Roslynn R. Mauskopf on 6/22/2021. (Prather, Lucy)
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| Case reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Steven Tiscione no longer assigned to the case. 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. (Motions referred to James M. Wicks) (Florio, Lisa) |
| Filing 77 RESPONSE to Motion re #72 Letter MOTION for pre motion conference to file Motion for Summary Judgment filed by Christine Capozzola. (Riha, Craig) |
| Filing 76 RESPONSE in Opposition re #72 Letter MOTION for pre motion conference to file Motion for Summary Judgment and Substitute John Doe Defendants filed by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 75 Consent MOTION for Leave to File Excess Pages and brief extension to oppose Plaintiff's February 11, 2021 letter by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 74 RESPONSE in Opposition re #72 Letter MOTION for pre motion conference to file Motion for Summary Judgment filed by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
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ORDER: The parties' joint motion to stay submission of the Joint Pretrial Order pending resolution of the anticipated motions for summary judgment, ( #73 ), is granted. Submission of the Joint Pretrial Order is stayed until further order of the Court. Ordered by Judge Roslynn R. Mauskopf on 2/16/2021. (Sussman, Rebecca)
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| Filing 73 Joint MOTION to Stay Submission of Joint Pretrial Order by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 72 Letter MOTION for pre motion conference to file Motion for Summary Judgment by Christine Capozzola. (Riha, Craig) |
| Filing 71 NOTICE of Change of Firm, address, phone number, email Once the filing has been made, you must login to www.pacer.gov and update your account. (Attachments: #1 Affidavit of Service Certificate of Service) (Feil, Timothy) |
| Filing 70 NOTICE of Change of Firm name, address, phone number, e-mail address Once the filing has been made, you must login to www.pacer.gov and update your account. (Attachments: #1 Affidavit of Service Certificate of Service) (Riha, Craig) |
| Filing 69 MOTION for pre motion conference for leave to file a motion for summary judgment pursuant to FRCP Rule 56 by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Berger, Cheryl) |
| Filing 68 MOTION for pre motion conference re: FRCP 56 Motion for Summary Judgment by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 67 STATUS REPORT by East Quogue Union Free School District, Robert Long (Lineen, Caroline) |
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Order Certifying Discovery is complete. Counsel will proceed with dispositive motions. So Ordered by Magistrate Judge Steven Tiscione on 1/15/2021. (Vasquez, Lea)
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STATUS REPORT ORDER: By January 15, 2021, counsel shall electronically file a joint status report confirming that discovery is completed. So Ordered by Magistrate Judge Steven Tiscione on 1/12/2021. (Vasquez, Lea)
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| Filing 66 MOTION for Extension of Time to Complete Discovery by Christine Capozzola. (Rushford, Francis) |
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ORDER terminating #65 Motion for Leave to Appeal in forma pauperis; terminating #65 Motion for Contempt; granting #66 Motion for Extension of Time to Complete Discovery. The Court understands Plaintiff's reasons for the continued discovery extension requests. However, as there are four additional counsel listed as attorneys of record for the plaintiff, it does not seem unreasonable for the Court to expect the remainder of discovery to be completed by the next deadline. Accordingly, the time to complete discovery is extended one final time to December 18th and the last date to take the first step in dispositive motion practice is extended to January 22, 2021. So Ordered by Magistrate Judge Steven Tiscione on 11/19/2020. (Vasquez, Lea)
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| Filing 65 MOTION for Leave to Appeal in forma pauperis , MOTION for Contempt by Christine Capozzola. (Rushford, Francis) |
| Filing 64 MOTION for Discovery Extension by Christine Capozzola. (Rushford, Francis) |
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ORDER granting #64 Motion for Discovery. The deadline to complete discovery is extended to November 20, 2020 and the final date to take the first step in dispositive motion practice is extended to December 20, 2020. So Ordered by Magistrate Judge Steven Tiscione on 10/5/2020. (Vasquez, Lea)
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| Filing 63 NOTICE of Appearance by Cheryl Berger on behalf of Lisa Costa, Southampton Town Police Department, Town of Southampton (notification declined or already on case) (Berger, Cheryl) |
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ORDER granting #62 Motion for Extension of Time to Complete Discovery: The deadline to complete discovery is extended to October 9, 2020 and the final date to take the first step in dispositive motion practice is extended to November 9, 2020. So Ordered by Magistrate Judge Steven Tiscione on 7/13/2020. (Vasquez, Lea)
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| Filing 62 MOTION for Extension of Time to Complete Discovery by Christine Capozzola. (Rushford, Francis) |
| Filing 61 Minute Order for Motion Hearing held on 6/23/2020 before Magistrate Judge Steven Tiscione: Rushford, Feil, Riha for Plaintiff; Kreppein, Lineen for Defendants. For the reasons discussed on the record, the MOTION to Stay Independent Medical Examination #59 is granted. If necessary, parties may conduct the IME following dispositive motion practice. The deadline for completion of all other discovery remains August 14, 2020 and the deadline for beginning dispositive motion practice is September 14, 2020. (FTR Log #10:00 - 10:10 (AT&T).) (Vasquez, Lea) |
| Filing 60 Letter MOTION to Adjourn Conference scheduled for 6.22.2020 by Town of Southampton. (Kreppein, Scott) |
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ORDER granting #60 Motion to Adjourn Conference: The motion hearing scheduled for June 22nd will instead be held at 10:00 a.m. on June 23, 2020. So Ordered by Magistrate Judge Steven Tiscione on 6/19/2020. (Vasquez, Lea)
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ORDER deferring ruling on #59 Motion for Extension of Time to Complete Discovery: A motion hearing will be held by phone at 3:00 p.m. on June 22, 2020 with all counsel. Counsel are directed to contact the Court PRIOR TO JUNE 22ND to obtain the conference call-in information. So Ordered by Magistrate Judge Steven Tiscione on 6/18/2020. (Vasquez, Lea)
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| Filing 59 MOTION for Extension of Time to Complete Discovery Motion to Stay Independent Medical Examination by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 58 Minute Entry for Telephone Conference held on 3/19/2020 before Magistrate Judge Steven Tiscione: Feil, Riha for Plaintiff; Linee, Kreppein for Defendants. Parties report that they are working to complete discovery but have experienced some delays due to the public healt emergency restrictions. For that reason, the deadline for completion of all discovery is extended to August 14, 2020. Parties shall file a joint status report by August 14, 2020 and will advise the Court whether a settlement conference would be productive before dispositive motion practice. (FTR Log #10:08 - 10:16 AT&T.) (Vasquez, Lea) |
| Case randomly reassigned to Magistrate Judge Steven Tiscione. Magistrate Judge Gary R. Brown no longer assigned to the case. 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. (Florio, Lisa) |
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SCHEDULING ORDER: This case has been re-assigned to the undersigned Magistrate Judge for pre-trial and discovery purposes. Accordingly, a telephone conference will be held at 10:00 a.m. on March 19, 2020. Counsel for all parties must participate. Counsel for the plaintiff is directed to arrange the call with the Court and all counsel. So Ordered by Magistrate Judge Steven Tiscione on 1/21/2020. (Vasquez, Lea)
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ELECTRONIC ORDER granting #57 Motion for Extension of Time to Complete Discovery. Application granted on consent. Ordered by Magistrate Judge Gary R. Brown on 1/6/2020. c/ecf (Yim, Kevin)
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| Filing 57 MOTION for Extension of Time to Complete Discovery by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
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ELECTRONIC ORDER granting #56 Motion for Extension of Time to Complete Discovery. The deadline for the completion of the medical examination of the plaintiff is hereby EXTENDED to January 6, 2020. Ordered by Magistrate Judge Gary R. Brown on 11/18/2019. c/ecf (Yim, Kevin)
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| Filing 56 MOTION for Extension of Time to Complete Discovery To Complete Medical Examination of Plaintiff by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
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ELECTRONIC ORDER granting #55 Motion for Extension of Time to Complete Discovery. Application granted. The parties Proposed Discovery Plan and Schedule is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 9/20/2019. c/ecf (Gilpin, Daniel)
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| Filing 55 STATUS REPORT/MOTION Pursuant to September 5th Order by Christine Capozzola (Rushford, Francis) Modified on 9/20/2019 (McMorrow, Karen). |
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ELECTRONIC ORDER denying #52 Motion to Compel; #54 Cross-Motion to Compel. Applications denied. It is clear from the applications and responses that the parties have not had a meaningful meet and confer prior to filing these applications. Local Rule 37.3 and the undersigned's individual rules require the attorneys for the parties to confer in good faith in person or by telephone in an effort to resolve and/or narrow these issues prior to seeking judicial intervention. Such a meet and confer requires actual human contact as well as a clear indication of the movant's intended application to the court should the meet and confer fail to resolve such issues.Moreover, counsel are reminded of their obligation of professional cooperation and courtesy, and are directed to Local Rule 26.4 "Cooperation Among Counsel in Discovery." The parties are directed to meet and confer regarding these discovery issues and submit a joint letter, within 14 days of the date of this order, outlining what, if any, issues remain. Ordered by Magistrate Judge Gary R. Brown on 9/5/2019. c/ecf (Gilpin, Daniel)
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| Filing 54 RESPONSE in Opposition re #52 Letter MOTION to Compel Discovery, Protective Order, and Sanctions Opposition to Plaintiff's Motion and Cross-Motion to Compel filed by East Quogue Union Free School District, Robert Long. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J1, #11 Exhibit J2, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N1, #16 Exhibit N2, #17 Exhibit N3, #18 Exhibit O, #19 Exhibit P1, #20 Exhibit P2) (Lineen, Caroline) |
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ELECTRONIC ORDER withdrawing 51 Motion to Compel; granting #53 Motion to Withdraw. Application granted. DE 51 is deemed withdrawn, as it was incorrectly filed ex parte. The same motion was properly refiled as DE 52. Ordered by Magistrate Judge Gary R. Brown on 8/19/2019. c/ecf (Gilpin, Daniel)
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| Filing 53 Letter MOTION to Withdraw 51 Motion to Compel, 1 - Exparte Docket Entry AND Document CV by Christine Capozzola. (Rushford, Francis) |
| Filing 52 Letter MOTION to Compel Discovery, Protective Order, and Sanctions by Christine Capozzola. (Rushford, Francis) |
| Filing 50 NOTICE of Appearance by Francis G Rushford, I on behalf of Christine Capozzola (aty to be noticed) (Rushford, Francis) |
| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 19, 2019, before Magistrate Judge Gary R. Brown. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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 7/24/2019. Redacted Transcript Deadline set for 8/5/2019. Release of Transcript Restriction set for 10/1/2019. (Kanellopoulos, John) |
| Filing 48 NOTICE of Appearance by Scott J. Kreppein on behalf of Southampton Town Police Department, Town of Southampton (aty to be noticed) (Kreppein, Scott) |
| Filing 47 Letter re: Request to So-Order Subpoena by East Quogue Union Free School District, Robert Long (Attachments: #1 Subpoena) (Lineen, Caroline) |
| Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Status Conference held on 6/19/2019. APPEARANCES: Craig Riha for plaintiff, Jennifer Robinson for School District defendants, and Anne Leahey for the Town defendants. Rulings on the record re #46 Motion for Extension of Time to Complete Discovery. Depositions to be completed by 9/25/19. (FTR Log #11:06 - 11:17.) (Toritto, Jim) |
| Filing 46 Letter MOTION for Extension of Time to Complete Discovery by Christine Capozzola. (Feil, Timothy) |
| Filing 45 NOTICE of Change of Law Firm (Feil, Timothy) |
| Case Reassigned to Judge Roslynn R. Mauskopf. Judge Joseph F. Bianco no longer assigned to the case. 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. (Russo, Eric) |
| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 4/8/2019. Counsel for all sides present. Case not settled at this time. Discovery ongoing.(FTR Log #11:16; 12:33-12:36.) (McMorrow, Karen) |
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ORDER granting #44 Motion to Adjourn Conference Settlement Conference set for 4/8/2019 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.Ordered by Magistrate Judge Gary R. Brown on 2/27/2019. (McMorrow, Karen)
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| Filing 44 Joint MOTION to Adjourn Conference by Christine Capozzola. (Feil, Timothy) |
| Filing 43 NOTICE of Appearance by Anne C. Leahey on behalf of Lisa Costa, Southampton Town Police Department, Town of Southampton (aty to be noticed) (Leahey, Anne) |
| Filing 42 NOTICE of Appearance by John M. Shields on behalf of Lisa Costa, Southampton Town Police Department, Town of Southampton (aty to be noticed) (Shields, John) |
| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 1/15/2019. APPEARANCES: Timothy Feil, Craig A Riha for plaintiff; Joshua Shteierman and Lewis R. Silverman for defendants. Parties to discuss settlement further and return for another ( Settlement Conference set for 3/1/2019 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.) (FTR Log #10:31:.) (McMorrow, Karen) |
| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 22, 2018, before Magistrate Judge Gary R. Brown. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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 12/20/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/27/2019. (Kanellopoulos, John) |
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ELECTRONIC ORDER re #40 Stipulation. Application granted. The parties' proposed Confidentiality Order is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 11/29/2018. c/ecf (Gilpin, Daniel)
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| Filing 40 STIPULATION Confidentiality Agreement by East Quogue Union Free School District, Robert Long (Lineen, Caroline) |
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Filing 39
DISCOVERY SCHEDULING ORDER: Discovery deadlines have been set. Status Conference set for 6/19/2019 11:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. Settlement Conference set for 1/15/2019 10:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. Discovery due by 9/13/2019. See order for details. Ordered by Magistrate Judge Gary R. Brown on 10/24/2018. (McMorrow, Karen)
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| Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Initial Conference Hearing held on 10/22/2018. APPEARANCES: Timothy Feil for plaintiff; Joshua S Shteierman for Town of Southampton and Caroline Beth Lineen for East Quogue Union Free School District. Discovery order entered. ( Settlement Conference set for 1/15/2019 10:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.) (FTR Log #12:13-12:33.) (McMorrow, Karen) |
| Filing 38 NOTICE of Appearance by Jennifer A. Robinson on behalf of East Quogue Union Free School District, Robert Long (aty to be noticed) (Attachments: #1 Certificate of Service) (Robinson, Jennifer) |
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Filing 37
SCHEDULING ORDER: Initial Conference set for 10/22/2018 11:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. See order for instructions.Ordered by Magistrate Judge Gary R. Brown on 9/4/2018. (McMorrow, Karen)
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| Filing 36 ANSWER to #34 Answer to Amended Complaint,, Crossclaim, Answer to District's cross-claim, with affidavit of service by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Shteierman, Joshua) |
| Filing 35 ANSWER to #31 Answer to Amended Complaint,, Crossclaim, Answer to Cross-Claim by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 34 ANSWER to #14 Amended Complaint , CROSSCLAIM against Lisa Costa, John and Jane Does 1-4, Southampton Town Police Department, Town of Southampton by Robert Long, East Quogue Union Free School District. (Lineen, Caroline) |
| Filing 33 NOTICE of Appearance by Timothy Feil on behalf of Christine Capozzola (aty to be noticed) (Feil, Timothy) |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 20, 2018, before Judge Joseph F. Bianco. Transcriber Tracy Gribben Transcription LLC, Telephone number 732-263-0044. Email address: tgribben@comcast.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 8/27/2018. Redacted Transcript Deadline set for 9/6/2018. Release of Transcript Restriction set for 11/5/2018. (Kanellopoulos, John) |
| Filing 31 Defendants Town of Southampton, Town of Southampton Police Department and Lisa Costa ANSWER to #14 Amended Complaint , CROSSCLAIM against East Quogue Union Free School District, Robert Long by Southampton Town Police Department, Town of Southampton, Lisa Costa. (Attachments: #1 Affidavit of Service) (Shteierman, Joshua) |
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Filing 30
ORDER granting in part and denying in part #15 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #16 Motion to Dismiss for Failure to State a Claim Ordered by Judge Joseph F. Bianco on 7/20/2018. (Bollbach, Jean)
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| Filing 29 Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference held on 7/20/2018; Decision made on the record. The answer is to be submitted to the court by 8/20/18 (FTR Log #3:37-4:15.) (Bollbach, Jean) |
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SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Friday, July 20, 2018 at 3:30 p.m., at which time the Court will orally rule on the pending motions to dismiss. At the time of the conference, counsel for the Town of Southampton shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/17/2018. (Karamigios, Anna)
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| Filing 28 Minute Entry for proceedings held before Judge Joseph F. Bianco:oral argument held on 2/22/2018; decision reserved (FTR Log #1:35-2:05.) (Bollbach, Jean) |
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ORDER granting #27 Motion to Adjourn Conference. By letter dated February 1, 2018, plaintiff requests an adjournment of the oral argument scheduled for February 5, 2018. Defendants consent. IT IS HEREBY ORDERED that the request is granted and the argument is rescheduled to Thursday, February 22, 2018 at 1:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/2/2018. (Karamigios, Anna)
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| Filing 27 Letter MOTION to Adjourn Conference by Christine Capozzola. (Finkelstein, Melissa) |
| Filing 26 REPLY in Support re #15 Notice of Motion to Dismiss for Failure to State a Claim , Declaration with Exhibit, Memorandum of Law and Affidavit of Service Reply Memorandum of Law filed by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Attachments: #1 Affidavit of Service) (Shteierman, Joshua) |
| Filing 25 REPLY in Support re #16 Motion to Dismiss for Failure to State a Claim Reply Memorandum of Law filed by East Quogue Union Free School District, Robert Long. (Attachments: #1 Certificate of Service) (Lineen, Caroline) |
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, IT IS HEREBY ORDERED that the oral argument on the pending motion to dismiss is rescheduled to Monday, February 5, 2018 at 3:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/30/2018. (Karamigios, Anna)
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| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #16 Motion to Dismiss for Failure to State a Claim filed by Christine Capozzola. (Finkelstein, Melissa) |
| Filing 23 MEMORANDUM in Opposition re #16 Motion to Dismiss for Failure to State a Claim filed by Christine Capozzola. (Finkelstein, Melissa) |
| Filing 22 AFFIDAVIT/DECLARATION in Opposition re #15 Notice of Motion to Dismiss for Failure to State a Claim , Declaration with Exhibit, Memorandum of Law and Affidavit of Service filed by Christine Capozzola. (Finkelstein, Melissa) |
| Filing 21 MEMORANDUM in Opposition re #15 Notice of Motion to Dismiss for Failure to State a Claim , Declaration with Exhibit, Memorandum of Law and Affidavit of Service filed by Christine Capozzola. (Finkelstein, Melissa) |
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ORDER granting #20 Motion for Extension of Time to File Response/Reply. By letter dated November 29, 2017, plaintiff requests an extension of time to respond to defendants' motions to dismiss. Defendants consent to the extension. IT IS HEREBY ORDERED that plaintiff's request is granted. Plaintiff shall file its opposition by January 15, 2018. Defendants shall submit their replies by January 30, 2018. Oral argument on the motions will be held on Wednesday, February 7, 2018 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/30/2017. (Karamigios, Anna)
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| Filing 20 Letter MOTION for Extension of Time to File Response/Reply as to #15 Notice of Motion to Dismiss for Failure to State a Claim , Declaration with Exhibit, Memorandum of Law and Affidavit of Service, #16 Motion to Dismiss for Failure to State a Claim by Christine Capozzola. (Riha, Craig) |
| Filing 19 CERTIFICATE OF SERVICE by East Quogue Union Free School District, Robert Long re #18 Memorandum in Support, #16 Motion to Dismiss for Failure to State a Claim , #17 Affidavit in Support of Motion, (Lineen, Caroline) |
| Filing 18 MEMORANDUM in Support re #16 Motion to Dismiss for Failure to State a Claim Memorandum of Law in Support of Defendants' Motion to Dismiss filed by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #16 Motion to Dismiss for Failure to State a Claim Declaration of Caroline B. Lineen filed by East Quogue Union Free School District, Robert Long. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lineen, Caroline) |
| Filing 16 Motion to Dismiss for Failure to State a Claim by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 15 Notice of Motion to Dismiss for Failure to State a Claim , Declaration with Exhibit, Memorandum of Law and Affidavit of Service by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Attachments: #1 Declaration, #2 Exhibit A, #3 Memorandum in Support, #4 Affidavit of Service) (Shteierman, Joshua) |
| Filing 14 AMENDED COMPLAINT against Lisa Costa, John and Jane Does 1-4, East Quogue Union Free School District, Robert Long, Southampton Town Police Department, Town of Southampton, filed by Christine Capozzola. (Finkelstein, Melissa) |
| Filing 13 Minute Entry for proceedings held before Judge Joseph F. Bianco: Pre Motion Conference held on 8/18/2017. Case called. Counsel for all sides present. Motion shall be filed by 10/16/17; opposition shall be filed by 11/30/17; reply shall be filed by 12/14/17; Oral argument shall take place 1/9/18 at 1:15 pm. (FTR Log #10:17-10:24.) (Florio, Lisa) |
| Filing 12 Letter in Opposition to District Defendants Propsed Motion to Dismiss by Christine Capozzola (Finkelstein, Melissa) |
| Filing 11 Letter in Opposition to Town Defendants Propsed Motion to Dismiss by Christine Capozzola (Finkelstein, Melissa) |
| Filing 10 Letter Confirming New Court Date by Christine Capozzola (Finkelstein, Melissa) |
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SCHEDULING ORDER: By letter dated August 4, 2017, the parties inform the Court that they are available for a pre-motion conference with the Court on August 18, 2017 at 10:00 a.m. IT IS HEREBY ORDERED that the conference shall take place at that time. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/4/2017. (Consalvo, Mikayla)
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SCHEDULING ORDER: By letter dated July 20, 2017, which was submitted to the Court and the parties in the matter via fax due to the personal nature of the request contained therein, plaintiff requests an adjournment of the pre-motion conference previously scheduled to take place on July 28, 2017. IT IS HEREBY ORDERED that the request is granted. However, the Court does not have availability on plaintiff's requested alternative dates. Thus, plaintiff shall file a letter with the times all parties are available on either July 27, August 1, or August 18, 2017. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/24/2017. (Consalvo, Mikayla)
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SCHEDULING ORDER: Due to a scheduling conflict, the pre-motion conference that was previously scheduled to take place Tuesday, July 25, 2017 is adjourned to Friday, July 28, 2017 at 2:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/17/2017. (Consalvo, Mikayla)
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| Filing 9 Letter MOTION for pre motion conference for permission for Town Defendants to move for dismissal pursuant to FRCP 12(b)(6) by Lisa Costa, Southampton Town Police Department, Town of Southampton. (Shteierman, Joshua) |
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ORDER granting #9 Motion for Pre Motion Conference. By letter dated July 11, 2017, the Town defendants request a pre-motion conference in anticipation of moving to dismiss. IT IS HEREBY ORDERED that the request is granted. The parties shall participate in the telephone pre-motion conference with the Court on Tuesday, July 25, 2017 at 4:00 p.m., which the Court previously scheduled in connection with the District defendants' letter. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/11/2017. (Consalvo, Mikayla)
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ORDER granting #6 Motion for Pre Motion Conference. By letter filed on July 7, 2017, defendants request a pre-motion conference in anticipation of moving to dismiss. IT IS HEREBY ORDERED that the request is granted. The parties shall participate in a telephone pre-motion conference with the Court on Tuesday, July 25, 2017 at 4:00 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at 631-712-5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/10/2017. (Consalvo, Mikayla)
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| Filing 7 NOTICE of Appearance by Lewis R. Silverman on behalf of East Quogue Union Free School District, Robert Long (aty to be noticed) (Silverman, Lewis) |
| Filing 6 Letter MOTION for pre motion conference re motion to dismiss pursuant to 12(b)(6) by East Quogue Union Free School District, Robert Long. (Lineen, Caroline) |
| Filing 5 NOTICE of Appearance by Caroline Beth Lineen on behalf of East Quogue Union Free School District, Robert Long (aty to be noticed) (Lineen, Caroline) |
| Filing 4 NOTICE of Appearance by Joshua S Shteierman on behalf of Lisa Costa, Southampton Town Police Department, Town of Southampton (notification declined or already on case) (Shteierman, Joshua) |
| Filing 8 STATE COURT RECORD received - documents attached (Bollbach, Jean) |
| 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 1 NOTICE OF REMOVAL by Lisa Costa, Southampton Town Police Department, Town of Southampton from Supreme Court of the State of New York, County of Suffolk, case number 608028/2017. (Filing fee $ 400 receipt number 0207-9646533) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Affidavit of Service) (Shteierman, Joshua) Modified on 6/30/2017 (Rodin, Deanna). |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Gary R. Brown. 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. (Rodin, Deanna) |
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