JS et al v. County Of Nassau et al
| Linda Snyder, J.S., JS and Jordan Snyder |
| County Of Nassau, Damien Suarez, Brandon Chambers, Nassau County Department of Probation, Roth, Village of Hempstead Police Department, Brendan C Gibbs, Hon. Janet DiFiore, Hon. Norman St. George, Mary McCormick and Madeline Singas |
| Patrick J. Ryder, John Plackis and Nassau County Police Department |
| N. Scott Banks and John And Jane Doe # 1-10 |
| 2:2019cv05165 |
| September 11, 2019 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Joanna Seybert |
| A Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
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Filing 64
STIPULATION AND ORDER. Proposed Unsealing Order #63 is hereby SO ORDERED. See attached. Ordered by Judge Gary R. Brown on 2/25/2020. (Yim, Kevin) (Main Document 64 replaced as per chambers request to correct a typographical error on 2/25/2020) (Tirado, Chelsea).
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| Filing 63 Letter Submitting for the Court's Review and Approval County Defendants' Proposed Unsealing Order by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez (Attachments: #1 Exhibit A) (Fernandez, Pablo) |
| Filing 62 Summons Issued as to Brandon Chambers, County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez, Village of Hempstead Police Department. (Tirado, Chelsea) |
| Filing 61 Proposed Summons. by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Morris, Cory) |
| Filing 60 NOTICE of Appearance by Victor John Yannacone, Jr on behalf of All Plaintiffs (aty to be noticed) (Yannacone, Victor) |
| Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 2/20/2020. Appearances: Cory Morris for plaintiff; Pablo Fernandez (County of Nassau), William Gary (Village of Hempstead) and Lori Pack (New York State) for defendants. Plaintiff's application for attorney's fees is denied without prejudice. The discovery stay is lifted for documentary discovery only. Any document discovery disputes are respectfully referred to Magistrate Judge Tomlinson. The dispositive motions contemplated by the 1/29/2020 Minute Entry #53 are converted to summary judgment motions. The schedule for filing the motions is extended by thirty (30) days such that moving papers are due by 4/13/2020, responses by 4/27/2020, and replies by 5/11/2020. The parties are directed to follow the undersigned's bundling rule. (FTR Log #12:05-12:45) (Toritto, Jim) |
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SCHEDULING ORDER: In light of the status conference scheduled for February 20, 2020 at 2:00 p.m., the premotion conference scheduled for March 3, 2020 IS ADVANCED TO FEBRUARY 20, 2020 AT 2:00 P.M. and the parties should be prepared to discuss matters raised in the premotion letters as well as the status of the case. Accordingly, the conference scheduled for March 3, 2020 is cancelled.Ordered by Judge Gary R. Brown on 2/18/2020. c/ecf (Johnston, Linda)
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ELECTRONIC ORDER granting #59 Motion for Pre Motion Conference. A pre-motion conference is scheduled for March 3, 2020 at 11:00am. If requesting an adjournment, the parties are directed to meet and confer and submit several joint proposed dates for a premotion conference. Ordered by Judge Gary R. Brown on 2/13/2020. (Yim, Kevin)
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| Filing 59 MOTION for pre motion conference to declare Plaintiffs Substantially Prevailing Parties by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County). (Morris, Cory) |
| Filing 58 AMENDED COMPLAINT against Brandon Chambers, County Of Nassau, Brendan C Gibbs, John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), John And Jane Doe # 1-10(Nassau County Police Officers; individually and in their official capacity), Nassau County Department of Probation, Nassau County Police Department, John Plackis, Roth, Patrick J. Ryder, Madeline Singas, Damien Suarez, Village of Hempstead Police Department, filed by JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), J.S., Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County). (Morris, Cory) |
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ELECTRONIC ORDER denying #56 Motion for Attorney Fees without prejudice to renewal upon filing of a pre-motion letter consistent with the Court's individual rules. Ordered by Judge Gary R. Brown on 2/12/2020. (Yim, Kevin)
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| Filing 57 RESPONSE to Motion re #56 MOTION for Attorney Fees filed by Norman St. George. (Pack, Lori) |
| Filing 56 MOTION for Attorney Fees by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County). (Attachments: #1 Notice of Motion, #2 Memorandum in Support, #3 Affidavit Affirmation in Support) (Morris, Cory) |
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STIPULATION AND ORDER. Stipulation re #35 Amended Complaint is hereby SO ORDERED. Ordered by Judge Gary R. Brown on 2/5/2020. (Yim, Kevin)
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| Filing 55 STIPULATION re #35 Amended Complaint,, of discontinuance against judicial defendants by Janet DiFiore, Norman St. George (Pack, Lori) |
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ELECTRONIC ORDER granting #54 Motion for Pre Motion Conference. The stipulation of discontinuance with prejudice against Legal Aid Society of Nassau County and N. Scott Banks, Attorney in Chief, DE 54-1 is hereby SO ORDERED. Ordered by Judge Gary R. Brown on 2/3/2020. c/ecf (Yim, Kevin)
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SCHEDULING ORDER: As this case was recently transferred to the undersigned, a status conference is hereby scheduled for February 20, 2020 at 2:00pm. If requesting an adjournment, the parties are directed to meet and confer and submit several proposed dates that are available for all parties. Ordered by Judge Gary R. Brown on 2/3/2020. (Yim, Kevin)
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| Filing 54 MOTION for pre motion conference on so ordered stip by N. Scott Banks. (Attachments: #1 stip of disc) (Weinstock, Gregg) |
| Case reassigned to Judge Gary R. Brown. Judge Joanna Seybert 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) |
| Filing 53 Minute Order for proceedings held before Judge Joanna Seybert: Status Conference held on 1/29/2020, terminating #39 , #41 , #44 Motions for Pre- Motion Conference; granting #48 Motion for Pre-Motion Conference. Motion to be filed by 3/13/2020; Response by 3/27/2020; Reply by 4/10/2020. Rulings as set forth more fully on the record: Class action claims are dismissed on consent, to be reflected in amended complaint to be filed 2/12/2020. All claims against Defendant Banks and the N.Y.S. judicial defendants are dismissed, to be reflected in forthcoming stipulations of discontinuance. Plaintiffs' request for attorney's fees is denied at this time. Discovery is stayed. (Court Reporter MS) (Baran, Charles) |
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Filing 52
ORDER Dismissing Parties Re: #51 Letter/Stipulation of Dismissal as to Defendant Mary McCormick as C.E.O. of Center For Court Innovation Fund For The City of New York and the Center For Court Innovation. The Clerk of Court shall TERMINATE Mary McCormick and the Center For Court Innovation as Defendants. So Ordered by Judge Joanna Seybert on 1/27/2020. C/ECF (Valle, Christine)
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| Filing 51 Letter regarding Stipulation of Discontinuance with Prejudice regarding Innovation Defendants by Mary McCormick (Becker, Michael) |
| Electronic NOTICE of Hearing: Status Conference set for Wed. 1/29/2020 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) |
| Filing 50 REPLY in Opposition re #49 Reply in Opposition,, filed by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez. (Fernandez, Pablo) |
| Filing 49 REPLY in Opposition re #48 Letter MOTION for pre motion conference re #35 Amended Complaint,, #36 Answer to Amended Complaint,,, Crossclaim,, , #42 Memorandum in Opposition, #44 Letter MOTION for pre motion conference , #47 Memorandum in Opposition, #39 Letter MOTION for pre motion conference re #35 Amended Complaint,, , #45 Affidavit, #46 Affidavit in Opposition, #37 Answer to Amended Complaint, Resolution of the Order to Show Cause as Defendants have discontinued the practices complained of that would necessitate a class action filed by All Plaintiffs. (Morris, Cory) |
| Filing 48 Letter MOTION for pre motion conference re #35 Amended Complaint,, #36 Answer to Amended Complaint,,, Crossclaim,, by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez. (Fernandez, Pablo) |
| Filing 47 MEMORANDUM in Opposition re #35 Amended Complaint,, #7 Unsigned Order to Show Cause,,,, filed by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez. (Fernandez, Pablo) |
| Filing 46 AFFIDAVIT in Opposition re #35 Amended Complaint,, #7 Unsigned Order to Show Cause,,,, Declaration of Pablo A. Fernandez by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Fernandez, Pablo) |
| Filing 45 AFFIDAVIT/AFFIRMATION re #7 Unsigned Order to Show Cause,,,, by Mary McCormick (Becker, Michael) |
| Filing 44 Letter MOTION for pre motion conference by Mary McCormick. (Becker, Michael) |
| Filing 43 ANSWER to #36 Answer to Amended Complaint,,, Crossclaim,, , CROSSCLAIM against N. Scott Banks by N. Scott Banks. (Muscarella, Joseph) |
| Filing 42 MEMORANDUM in Opposition filed by N. Scott Banks. (Muscarella, Joseph) |
| Filing 41 MOTION for pre motion conference by N. Scott Banks. (Muscarella, Joseph) |
| Filing 40 RESPONSE in Opposition re #39 Letter MOTION for pre motion conference re #35 Amended Complaint,, filed by All Plaintiffs. (Morris, Cory) |
| Filing 39 Letter MOTION for pre motion conference re #35 Amended Complaint,, by Janet DiFiore. (Pack, Lori) |
| Filing 38 Reply ANSWER to #36 Answer to Amended Complaint,,, Crossclaim,, by Janet DiFiore. (Pack, Lori) |
| Filing 37 ANSWER to #35 Amended Complaint,, requesting preliminary injunction and class certification by Janet DiFiore. (Attachments: #1 Affidavit in Opposition to granting of PI and class certification, #2 Exhibit A, #3 Exhibit B, #4 Memorandum in Opposition to granting of PI and class certification) (Pack, Lori) |
| Filing 36 ANSWER to #35 Amended Complaint,, , CROSSCLAIM against N. Scott Banks, Brandon Chambers, County Of Nassau, Janet DiFiore, Brendan C Gibbs, Mary McCormick, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Norman St. George, Damien Suarez by Roth, John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Village of Hempstead Police Department. (Garry, William) |
| Filing 34 AFFIDAVIT in Opposition re #7 Unsigned Order to Show Cause,,,, by John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Roth, Village of Hempstead Police Department. (Garry, William) |
| Filing 33 AFFIDAVIT in Opposition re #7 Unsigned Order to Show Cause,,,, by John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Roth, Village of Hempstead Police Department. (Garry, William) |
| Filing 32 MEMORANDUM in Opposition re #7 Unsigned Order to Show Cause,,,, filed by John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Roth, Village of Hempstead Police Department. (Garry, William) |
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ELECTRONIC ORDER granting #28 Motion for Extension of Time to Answer; granting #29 Motion for Extension of Time to File Response/Reply. All responses are due by December 18, 2019. No further extensions will be granted absent extraordinary circumstances. Ordered by Judge Joanna Seybert on 11/22/2019. (Alessi, Samantha)
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| Filing 31 NOTICE of Appearance by David Scott Rutherford on behalf of Mary McCormick (aty to be noticed) (Rutherford, David) |
| Filing 30 REPLY in Opposition to Defendants' request for an extension of time to oppose Plaintiffs' Order to Show Cause filed by J.S., JS. (Attachments: #1 Exhibit Affidavits of Service, #2 Exhibit Evidence of ADP Operation and Defendants in ADP) (Morris, Cory) |
| Filing 29 Letter MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,, #7 Unsigned Order to Show Cause,,,, by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez. (Fernandez, Pablo) |
| Filing 28 Letter MOTION for Extension of Time to File , Letter MOTION for Extension of Time to File Answer re Order on Motion for Extension of Time to Answer,, Order on Motion for Extension of Time to File Response/Reply,,, #7 Unsigned Order to Show Cause,,,, #22 Summons Returned Executed,,,,,, by Mary McCormick. (Becker, Michael) |
| Filing 27 NOTICE of Appearance by Michael Carl Becker on behalf of Mary McCormick (aty to be noticed) (Becker, Michael) |
| Filing 26 MOTION for Extension of Time to File Response/Reply by N. Scott Banks. (Weinstock, Gregg) |
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ELECTRONIC ORDER granting #24 , #25 and #26 . All responses are due by November 25, 2019. Plaintiffs' counsel shall cooperate with defense counsel, including but not limited to by providing waivers, releases and stipulations for relevant documents, so all parties may review appropriate records to move this case forward. Ordered by Judge Joanna Seybert on 10/22/2019. (Alessi, Samantha)
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| Filing 25 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,, #7 Unsigned Order to Show Cause,,,, and in Response to Plaintiffs' Letter re. DE23 by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, Patrick J. Ryder, Madeline Singas, Damien Suarez. (Attachments: #1 Exhibit A) (Fernandez, Pablo) |
| Filing 24 MOTION for Extension of Time to File Answer re #12 Proposed Summons/Civil Cover Sheet,, by Janet DiFiore. (Pack, Lori) |
| Filing 23 Letter regarding defense counsel's inability to obtain records from Nassau County Department of Probation and Plaintiffs' refusal to consent to further adjournment by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Morris, Cory) |
| Filing 22 SUMMONS Returned Executed by Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), JS, J.S., Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County). N. Scott Banks served on 9/23/2019, answer due 10/25/2019; County Of Nassau served on 9/23/2019, answer due 10/25/2019; Janet DiFiore served on 9/23/2019, answer due 10/25/2019; Brendan C Gibbs served on 9/23/2019, answer due 10/25/2019; John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department) served on 9/23/2019, answer due 10/25/2019; John And Jane Doe # 1-10(Nassau County Police Officers; individually and in their official capacity) served on 9/23/2019, answer due 10/25/2019; Nassau County Department of Probation served on 9/23/2019, answer due 10/25/2019; Nassau County Police Department served on 9/23/2019, answer due 10/25/2019; John Plackis served on 9/23/2019, answer due 10/25/2019; Roth served on 9/23/2019, answer due 10/25/2019; Patrick J. Ryder served on 9/23/2019, answer due 10/25/2019; Madeline Singas served on 9/23/2019, answer due 10/25/2019; Norman St. George served on 9/23/2019, answer due 10/25/2019; Damien Suarez served on 9/23/2019, answer due 10/25/2019; Village of Hempstead Police Department served on 9/23/2019, answer due 10/25/2019. (Attachments: #1 Exhibit Time-Stamps) (Morris, Cory) |
| Filing 21 NOTICE of Appearance by Gregg D. Weinstock on behalf of N. Scott Banks (aty to be noticed) (Weinstock, Gregg) |
| Filing 20 MOTION for Extension of Time to File Response/Reply as to Order,,,,,,,, by Legal Aid Society and by N. Scott Banks. (Muscarella, Joseph) |
| Filing 19 NOTICE of Appearance by Joseph Paul Muscarella on behalf of N. Scott Banks (aty to be noticed) (Muscarella, Joseph) |
| Filing 18 NOTICE of Appearance by Karolina Maria Wiaderna on behalf of N. Scott Banks (aty to be noticed) (Wiaderna, Karolina) |
| Filing 17 Consent MOTION for Extension of Time to File Answer re #1 Complaint,,, , MOTION for Extension of Time to File Response/Reply as to #7 Unsigned Order to Show Cause,,,, by Roth, John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Village of Hempstead Police Department. (Garry, William) Modified on 10/9/2019 (Bollbach, Jean). |
| Filing 16 NOTICE of Appearance by Sandy Milord on behalf of John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Roth, Village of Hempstead Police Department (aty to be noticed) (Milord, Sandy) |
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ELECTRONIC ORDER granting #15 , #17 , #20 . On consent, all responses are due on or before October 25, 2019. Ordered by Judge Joanna Seybert on 10/9/2019. (Alessi, Samantha)
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| Filing 15 Letter MOTION for Extension of Time to File Response/Reply as to #1 Complaint,,, #7 Unsigned Order to Show Cause,,,, by County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas. (Fernandez, Pablo) |
| Filing 14 Summons Issued as to N. Scott Banks, Brandon Chambers, County Of Nassau, Janet DiFiore, Brendan C Gibbs, Mary McCormick, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Roth, Patrick J. Ryder, Madeline Singas, Norman St. George, Damien Suarez, Village of Hempstead Police Department. (Attachments: #1 Addendum) (Valle, Christine) |
| Filing 13 NOTICE of Appearance by William J Garry on behalf of John And Jane Doe # 1-10(Hempstead Police Officers; individually and in their official capacity as officers of the Village of Hempstead Police Department), Roth, Village of Hempstead Police Department (aty to be noticed) (Garry, William) |
| Filing 12 Proposed Summons. Re #7 Unsigned Order to Show Cause,,,, by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Attachments: #1 Proposed Summons Caption & Addendum) (Morris, Cory) |
| Filing 11 NOTICE of Appearance by Pablo A. Fernandez on behalf of County Of Nassau, Brendan C Gibbs, Nassau County Department of Probation, Nassau County Police Department, John Plackis, Patrick J. Ryder, Madeline Singas, Damien Suarez (aty to be noticed) (Fernandez, Pablo) |
| Proposed summonses are rejected; Re: #10 Proposed Summonses; The caption on each summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider; the Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Valle, Christine) |
| Filing 10 Proposed Summons. by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Attachments: #1 Proposed Summons Brandon Chambers, #2 Proposed Summons Damien Saurez, #3 Proposed Summons Hon. Judge DiFiore, #4 Proposed Summons J. Plackis, #5 Proposed Summons N.C. Legal Aid Society, #6 Proposed Summons M. McCormick, #7 Proposed Summons N.C. Dep't Probation, #8 Proposed Summons County of Nassau, #9 Proposed Summons Hon. Judge St. George, #10 Proposed Summons Patrick Ryder, #11 Proposed Summons Hemp. Police Officer Roth, #12 Proposed Summons NYS Unified Court System, #13 Proposed Summons Village of Hempstead, Hempstead PD, #14 Proposed Summons N.C. D.A. Hon. Madeline Singas) (Morris, Cory) |
| Proposed summonses are rejected; Re: #9 Proposed Summonses; The caption on each summons does not match the caption of the complaint; the Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. Additionally, counsel is advised to leave the date issued blank. (Valle, Christine) |
| Filing 9 Proposed Summons. Re #7 Unsigned Order to Show Cause,,,, by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Attachments: #1 Proposed Summons - Brandon Chambers, #2 Proposed Summons - Damien Saurez, #3 Proposed Summons - Hon. Judge DiFiore, #4 Proposed Summons - Plackis, #5 Proposed Summons - NC LAS, #6 Proposed Summons - Mary McCormick, #7 Proposed Summons - NC Dept Probation, #8 Proposed Summons - County of Nassau, #9 Proposed Summons - Hon. Judge St. George, #10 Proposed Summons - Patrick J. Ryder, #11 Proposed Summons - Hempstead Police Officer Roth, #12 Proposed Summons - Unified Court System, 10th, #13 Proposed Summons - Village of Hempstead/Village of Hempstead PD) (Morris, Cory) |
| Filing 8 NOTICE of Appearance by Lori L. Pack on behalf of Janet DiFiore, Norman St. George (aty to be noticed) (Pack, Lori) |
| Filing 7 Unsigned Order to Show Cause as per Your Honor's September 16, 2019 Court Order by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Attachments: #1 Verified Amended Class Complaint, #2 Memorandum in Support, #3 Affidavit of Service, #4 Exhibit Pltf. MOL Ex 1, Snyder Affidavit, #5 Exhibit Pltf. MOL Ex 2, Nassau County Police Department Records, #6 Exhibit Pltf. MOL Ex 3, Nassau County Police Department, Brandon Chambers Records, #7 Exhibit Pltf. MOL Ex 4, Fishman Parent Affidavit, #8 Exhibit Pltf. MOL Ex 5, Fishman Parent Affidavit, #9 Exhibit Pltf. MOL Ex 6, J.S. Records SEALED, #10 Exhibit Pltf. MOL Ex 7, NCDA Report 2014, #11 Exhibit Pltf. MOL Ex 8, Vendor Contract) (Morris, Cory) |
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ELECTRONIC ORDER re #6 Unsigned Order to Show Cause. On September 11, 2019, this Court heard argument on Plaintiffs' original unsigned order to show cause and proposed class action complaint (D.E. 1, 2). The Court noted the Complaint's excessive length and instructed Plaintiffs to file an Amended Complaint, on or before September 13, 2019, that complied with Rule 8's mandate of "a short and plain statement of the claim[s] showing that the [Plaintiffs are] entitled to relief" and that "[e]ach allegation [] be simple, concise, and direct." (Sept. 11, 2019 Minute Order).On September 13, Plaintiffs filed an unsigned Order to Show Cause, Amended Complaint, Memorandum of Law, and Exhibits totaling 345 pages. The body of the memorandum of law in support of their request for an order to show cause is 53 single spaced pages. This Court's Individual Rules, readily accessible to counsel, state that "[u]nless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty-five (25) pages... [and] [m]otion papers shall have 1" margins, 12 pt. Times New Roman or larger font, and be double spaced (no more than 23 lines/pg)." Individual Rules IV(C)(1-2). Plaintiffs did not request permission to file an oversized, non-compliant memorandum. The Court rejects this memorandum. Plaintiffs are thus directed to again REFILE their documents. Plaintiffs should be discerning in including only relevant, necessary exhibits with their unsigned order to show cause. Further, the Court will not grant permission for Plaintiffs to file a memorandum of law longer than 25 double spaced pages. Plaintiffs shall comply with all formatting requirements in this Court's Rules.Plaintiffs shall file their amended documents on or before September 20, 2019. Defendants shall accordingly have until October 11, 2019 to file their opposition to the order to show cause. Ordered by Judge Joanna Seybert on 9/16/2019. (Alessi, Samantha)
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| Filing 6 Unsigned Order to Show Cause as per Your Honor's September 11, 2019 Court Order by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officicals in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Attachments: #1 Certificate of Service, #2 Amended Verified Class Complaint, #3 Memorandum in Support, #4 Exhibit Pltf. OSC Ex 1, Snyder Affidavit, #5 Exhibit Pltf. OSC Ex 2, NCPD Report, #6 Exhibit Pltf. OSC Ex 3, Chambers NCPD Records, #7 Exhibit Pltf. OSC Ex 4, Fishman Father Affidavit, #8 Exhibit Pltf. OSC Ex 5, Fishman Mother Affidavit, #9 Exhibit Pltf. OSC Ex 6, J.S. ADP summary, #10 Exhibit Pltf. OSC Ex 7, NCDA 2014 Report, #11 Exhibit Pltf. OSC Ex 8, Vendor Contract, #12 Exhibit Pltf. MOL Ex. 9, Criminal Justice Report) (Morris, Cory) |
| Filing 5 Minute Entry for proceedings held before Judge Joanna Seybert: Show Cause Hearing held on 9/11/2019. Argument heard. Preliminary injunction denied, except that the county is directed to return the plaintiff's phone within one week. Amended complaint to be filed by 9/13/2019. Opposition to order to show cause and answer to complaint to be filed by 10/4/2019. (Court Reporter FG) (Baran, Charles) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
| Filing 3 AFFIRMATION OF SERVICE by Cory H. Morris, Esq. re #1 Complaint, and #2 Proposed Order to Show Cause (Cox, Dwayne) |
| Filing 2 Proposed Order to Show Cause by J.S., JS, Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officials in retaining those ), Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County) (Cox, Dwayne) Modified to correct spelling on 9/11/2019 (Cox, Dwayne). |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Linda Snyder(individually and on behalf of all those other persons in Nassau County and whose cell phones and smart phones had seized but have not yet been returned although no circumstances exist which might justify law enforcement officials in retaining those ), JS, J.S., Linda Snyder(individually and on behalf of all others whose cellular phone/electronic devices are seized by law enforcement officers without a warrant or under exigent circumstances in Nassau County). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Civil Cover Sheet) (Cox, Dwayne) Modified to correct spelling on 9/11/2019 (Cox, Dwayne). (Additional attachment(s) added on 9/11/2019: #10 Exhibit 6) (Cox, Dwayne). |
| FILING FEE: $ 400, receipt number 28420 (Cox, Dwayne) |
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