The Anderson Group, LLC et al v. City of Saratoga Springs et al
| The Anderson Group, LLC and Gail Anderson |
| City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley, Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin and Lou Schneider |
| 1:2005cv01369 |
| October 28, 2005 |
| US District Court for the Northern District of New York |
| Albany Office |
| David R. Homer |
| Gary L Sharpe |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Plaintiff |
Docket Report
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Filing 395
TEXT ORDER: Pursuant to General Order #22, Docket entry # 107 DVD Exhibit BBBB-1 and BBBB-2 filed by Scott P. Quesnel, Esq. on behalf of defendants #96 Reply is being returned to the Attorney Scott P. Quesnel, for retention as it is no longer necessary for the Court to maintain the submissions since the case is closed. Authorized by Chief Judge Glenn T. Suddaby on 9/15/2021. (Copy of this Text Order and the 2 DVDs returned to Attorney via regular mail) (gmd, )
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Filing 394
STIPULATION/ORDER OF DISCONTINUANCE. Signed by Senior Judge Gary L. Sharpe on 5/20/2016. (jel, )
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| Filing 393 STIPULATION of Discontinuance by City of Saratoga Springs submitted to Judge Hon. Gary L. Sharpe, Chief Judge. (Johnson, Gregg) |
| Filing 392 REPLY to Response to Motion re #382 MOTION to Set Aside #238 Judgment, pursuant to FRCP 50(b) and 60(b) filed by City of Saratoga Springs. (Attachments: #1 Affidavit Certificate of Service)(Johnson, Gregg) |
| Filing 391 NOTICE by The Anderson Group, LLC re #384 Order, Acceptance of Remittitur (Colfax, Reed) |
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Filing 390
LETTER/ORDER Setting Hearing on Motion #382 MOTION to Set Aside #238 Judgment, pursuant to FRCP 50(b) and 60(b) : Reply to Response to Motion due by 4/11/2016, Motion Hearing set for 4/21/2016 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. Signed by Senior Judge Gary L. Sharpe on 3/23/2016. (jel, )
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| Filing 389 Letter Motion from April J. Laws for City of Saratoga Springs requesting a fourteen (14) day adjournment of the Defendants time to serve its reply papers submitted to Judge Gary L. Sharpe, Chief Judge . (Attachments: #1 Affidavit Certificate of Service)(Laws, April) |
| Filing 388 RESPONSE in Opposition re #382 MOTION to Set Aside #238 Judgment, pursuant to FRCP 50(b) and 60(b) filed by The Anderson Group, LLC. (Attachments: #1 Declaration Reed Colfax)(Crook, Jamie) |
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Filing 387
ORDER granting #386 MOTION to Substitute Attorney , Order and Certificate of Service filed by Gail Anderson, The Anderson Group, LLC. Attorney Robert L. Schonfeld added. Attorney Peter A. Lynch terminated. Signed by Senior Judge Gary L. Sharpe on 3/9/2016. (jel, )
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| Filing 386 MOTION to Substitute Attorney , Order and Certificate of Service filed by Gail Anderson, The Anderson Group, LLC. Motions referred to David R. Homer. (Schonfeld, Robert) |
| Filing 385 NOTICE of Appearance by Robert L. Schonfeld on behalf of All Plaintiffs (Schonfeld, Robert) |
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Filing 384
ORDER - That a new trial solely on the issue of damages shall be scheduled in due course unless plaintiff The Anderson Group, LLC (TAG) agrees to accept remittitur of the July 2010 jury's $1 million damages award to $100,000. That TAG shall make its election on or before April 1, 2016. Signed by Senior Judge Gary L. Sharpe on 2/29/2016. (jel, )
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| Filing 383 MANDATE of USCA issued on 2/25/2016- ORDERED, ADJUDGED and DECREED that the judgment of the district court is VACATED in part; REVERSED in part; and REMANDED for further proceedings. The USCA VACATES the district court's judgments entered on August 10, 2012, August 30, 2012, and January 15, 2013; REVERSES the district court's June 21, 2011 memorandum decision and order to the extent it directed a new trial on TAG's disparate impact and perpetuation of segregation claims; REINSTATES the July 2, 2010 jury verdict to the extent it found the City liable on TAG's disparate impact claim; REMAND for a new trial solely on the issue of damages unless TAG agrees to accept remittitur of the 2010 jurys $1 million damages award to $100,000. (mgh) |
| Filing 382 MOTION to Set Aside #238 Judgment, pursuant to FRCP 50(b) and 60(b) Motion Hearing set for 4/7/2016 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 3/21/2016 Reply to Response to Motion due by 3/28/2016. filed by City of Saratoga Springs. (Attachments: #1 Declaration Johnson Declaration, #2 Memorandum of Law MOL, #3 Affidavit Certificate of Service) (Johnson, Gregg) |
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Filing 381
ORDER of USCA- Certified Copy issued on 10/19/2015. VACATE the district court's judgments entered on August 10, 2012, August 30, 2012, and January 15, 2013; REVERSE the district court's June 21, 2011 memorandum decision and order to the extent it directed a new trial on TAG's disparate impact and perpetuation of segregation claims; REINSTATE the July 2, 2010 jury verdict to the extent it found the City liable on TAG's disparate impact claim; and REMAND for a new trial solely on the issue of damages unless TAG agrees to accept remittitur of the 2010 jurys $1 million damages award to $100,000 (mgh)
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| Filing 380 TRANSCRIPT of Proceedings: jury trial cont'd (Volume IV) held on August 9, 2012 before Judge Gary L. Sharpe, Court Reporter: Bonnie Buckley, Telephone number: 518-257-1898. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2013. Redacted Transcript Deadline set for 5/6/2013. Release of Transcript Restriction set for 7/3/2013. Notice of Intent to Redact due by 4/9/2013 (bjb, ) |
| Filing 379 TRANSCRIPT of Proceedings: jury trial cont'd (Volume III) held on August 8, 2012 before Judge Gary L. Sharpe, Court Reporter: Bonnie Buckley, Telephone number: 518-257-1898. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2013. Redacted Transcript Deadline set for 5/6/2013. Release of Transcript Restriction set for 7/3/2013. Notice of Intent to Redact due by 4/9/2013 (bjb, ) |
| Filing 378 TRANSCRIPT of Proceedings: jury trial cont'd (Volume II) held on August 7, 2012 before Judge Gary L. Sharpe, Court Reporter: Bonnie Buckley, Telephone number: 518-892-3533. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2013. Redacted Transcript Deadline set for 5/6/2013. Release of Transcript Restriction set for 7/3/2013. Notice of Intent to Redact due by 4/9/2013 (bjb, ) |
| Filing 377 TRANSCRIPT of Proceedings: jury trial (Volume I) held on August 6, 2012 before Judge Gary L. Sharpe, Court Reporter: Bonnie Buckley, Telephone number: 518-892-3533. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2013. Redacted Transcript Deadline set for 5/6/2013. Release of Transcript Restriction set for 7/3/2013. Notice of Intent to Redact due by 4/9/2013 (bjb, ) |
| Filing 376 NOTICE OF APPEAL as to #375 Judgment on Attorney Fees, Amended Notice of Appeal by Gail Anderson, The Anderson Group, LLC. Filing fee $ 455, receipt number 0206-2459785. (Crook, Jamie) |
| Filing 375 JUDGMENT: IT IS ORDERED, that Saratogas motion for attorneys fees (Dkt. No. 370) is DENIED. That TAGs motion for review of the Clerks taxation of costs (Dkt. No. 366) is GRANTED. That the Clerk is directed to vacate Saratogas Bill of Costs (Dkt. No. 362) and that judgment is entered for Saratoga against TAG, LLC for costs in the amount of $22,033.56, in accordance with the Memorandum-Decision and Order issued on January 15, 2013. (jel, ) |
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Filing 374
MEMORANDUM-DECISION and ORDER - That Saratoga's motion for attorneys' fees (Dkt. No. 370) is DENIED. That TAG's motion for a review of the Clerk's taxation of costs (Dkt. No. 366) is GRANTED. That the Clerk is directed to vacate Saratoga's Bill of Costs (Dkt. No. 362), and to enter judgment for Saratoga for costs in the amount of $22,033.56. Signed by Chief Judge Gary L. Sharpe on 1/15/2013. (jel, )
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| USCA Case Number is 12-3775 (LEAD) for #354 Appeal filed by Gail Anderson, The Anderson Group, LLC. (cbm ) |
| USCA Case Number is 12-4485 (MEMBER) for #358 Cross Appeal filed by City of Saratoga Springs. (cbm ) |
| TEXT ONLY NOTICE of Hearing on Motion #370 MOTION for Attorney Fees , #366 MOTION for Review of the Clerk's Taxation of Costs re #362 Costs Taxed : Motion Hearing set for 12/6/2012 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe will be on SUBMIT only. No personal appearances are needed. (jel, ) |
| Filing 373 REPLY to Response to Motion re #370 MOTION for Attorney Fees filed by City of Saratoga Springs. (Attachments: #1 Exhibit(s) Reply Ex A, #2 Exhibit(s) Reply Ex B, #3 Memorandum of Law, #4 Affidavit certificate of service)(Kissane, Mary Elizabeth) |
| Filing 372 RESPONSE in Opposition re #370 MOTION for Attorney Fees filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Colfax, Reed) |
| NOTICE of Hearing on Motion #366 MOTION for Review of the Clerk's Taxation of Costs re #362 Costs Taxed : Motion Hearing has been reset for 12/6/2012 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. (jel, ) |
| Filing 371 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #358 Notice of Cross Appeal (tab) |
| Filing 370 MOTION for Attorney Fees Motion Hearing set for 12/6/2012 09:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 11/19/2012 Reply to Response to Motion due by 11/26/2012. filed by City of Saratoga Springs. (Attachments: #1 Declaration GTJ Decl, #2 Exhibit(s) Ex A, #3 Exhibit(s) Ex B, #4 Exhibit(s) Ex C, #5 Exhibit(s) Ex D1, #6 Exhibit(s) Ex D2, #7 Exhibit(s) Ex D3, #8 Exhibit(s) Ex D4, #9 Exhibit(s) Ex E, #10 Memorandum of Law, #11 Appendix unreported case, #12 Appendix unreported case, #13 Appendix unreported case, #14 Appendix unreported case, #15 Affidavit certificate of service) (Johnson, Gregg) |
| Filing 369 REPLY to Response to Motion re #366 MOTION for Review of the Clerk's Taxation of Costs re #362 Costs Taxed filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Certificate of Service)(Crook, Jamie) |
| Filing 368 RESPONSE in Opposition re #366 MOTION for Review of the Clerk's Taxation of Costs re #362 Costs Taxed filed by City of Saratoga Springs. (Attachments: #1 Appendix unreported case, #2 Appendix unreported case, #3 Appendix unreported case, #4 Appendix unreported case, #5 Affidavit certificate of service)(Kissane, Mary Elizabeth) |
| Filing 367 TRANSCRIPT of Proceedings: Final Pretrial Conference held on July 23, 2012 before Chief Judge Gary L. Sharpe, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2012. Redacted Transcript Deadline set for 11/13/2012. Release of Transcript Restriction set for 1/9/2013. Notice of Intent to Redact due by 10/16/2012 (tjc, ) |
| Filing 366 MOTION for Review of the Clerk's Taxation of Costs re #362 Costs Taxed Motion Hearing set for 11/5/2012 09:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 10/19/2012 filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Motion to Review the Clerk's Taxation of Costs, #2 Memorandum of Law, #3 Declaration Reed N. Colfax) Motions referred to David R. Homer. (Colfax, Reed) |
| Filing 365 TRANSCRIPT REQUEST by City of Saratoga Springs for proceedings held on 7/23/2012 before Judge Chief Judge Gary L. Sharpe.. (Johnson, Gregg) |
| Filing 364 TRANSCRIPT REQUEST by City of Saratoga Springs for proceedings held on 6/21/2010 before Judge Chief Judge Gary L. Sharpe.. (Johnson, Gregg) |
| Filing 363 TRANSCRIPT REQUEST by City of Saratoga Springs for proceedings held on 7/20/2006 before Judge Chief Judge Gary L. Sharpe.. (Johnson, Gregg) |
| Filing 362 *** VACATED PURSUANT TO THE COURT'S #374 MEMORANDUM-DECISION and ORDER *** Costs Taxed in amount of $143,071.86 against The Anderson Group, LLC. (jel, ) Modified on 1/15/2013 (jel, ). |
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Filing 361
LETTER/ORDER granting defendant's request for an extension of time to file a motion for attorneys' fees. The motion for attorneys fees shall be filed on or before October 26, 2012. Signed by Chief Judge Gary L. Sharpe on 9/27/2012. (jel, )
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| Filing 360 LETTER BRIEF by City of Saratoga Springs. (Attachments: #1 Affidavit Certificate of Service)(Johnson, Gregg) |
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Text Only Order - On September 13, 2012, plaintiffs filed a letter brief seeking to postpone adjudication of defendants' Bill of Costs until after the Second Circuit renders a decision on their pending appeal. (See Dkt. No. 356.) That request is denied. The court intends to consider all post-trial claims, including motions for attorneys' fees, should there be any, in accordance with its residual jurisdiction over collateral matters. See Tancredi v. Metro. Life Ins. Co., 378 F.3d 220, 225 (2d Cir. 2004). IT IS SO ORDERED. Issued by Chief Judge Gary L. Sharpe on 9/21/2012. (jel, )
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| Filing 359 NOTICE by Gail Anderson, The Anderson Group, LLC of Request for Transcript (Attachments: #1 Exhibit(s) Attachment A)(Colfax, Reed) |
| Filing 358 NOTICE OF CROSS APPEAL as to Order,, #47 Order on Motion to Dismiss by City of Saratoga Springs Filing fee $ 455, receipt number 0206-2317597.. (Attachments: #1 Affidavit certificate of service)(Johnson, Gregg) |
| Filing 357 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #354 Notice of Appeal. (lah ) |
| Filing 356 LETTER BRIEF to Continue Schedule for Briefing and Decision on Bill of Costs by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| TEXT ONLY NOTICE - Pursuant to Fed. R. Civ. P. 54(d)(1), the costs will be taxed on September 27, 2012. (jel, ) |
| Filing 355 BILL OF COSTS (Notice of Motion) by City of Saratoga Springs. (Attachments: #1 Declaration Johnson Declaration, #2 Appendix Bill of Costs, #3 Affidavit Certificate of service)(Johnson, Gregg) |
| Filing 354 NOTICE OF APPEAL as to #350 Judgment, #238 Judgment, #278 Order on Motion to Set Aside Verdict, by Gail Anderson, The Anderson Group, LLC. Filing fee $ 455, receipt number 0206-2303787. (Colfax, Reed) |
| Filing 353 JUDGMENT: That judgment is entered in favor of the defendants against the plaintiffs regarding all claims, in accordance with the verdicts rendered by the jury on July 2, 2010 and August 9, 2012. (jel, ) |
| Filing 352 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting Entry of Final Judgment submitted to Judge Sharpe . (Attachments: #1 Attachment A)(Colfax, Reed) |
| Filing 351 RETURNED PLAINTIFF'S EXHIBITS to plaintiff's counsel on August 10, 2012 in person. (jel, ) |
| Filing 350 JUDGMENT: IT IS ORDERED, that judgment is entered in favor of the defendant against the plaintiff regarding the remaining claim of disparate impact, in accordance with the verdict rendered by the jury on August 9, 2012. (jel, ) |
| Filing 349 DEFENDANT'S EXHIBITS returned to defense counsel in the courtroom at the conclusion of the trial. (jel, ) |
| Filing 348 JURY VERDICT. (jel, ) |
| Text Only Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: CRD: John Law. Jury Trial completed on 8/9/2012. Appearances Made: Reed Colfax, Jamie Crook and Tara Ranchandani, Esqs., for the plaintiff and Gregg Johnson and Timothy Higgins, Esqs., for the defendant. Jury brought into the jury room. Court addresses the jury. Defendant calls their 8th Witness: Nancy Ohlin. Direct Examination: Nancy Ohlin. Atty. Johnson presents Exhibit D-75 to the witness which was admitted into evidence under plaintiffs exhibit. Cross Examination: Nancy Ohlin. Atty. Crook presents Exhibit D-75 to the witness which was admitted under P-31. Atty. Crook presents Exhibits P-54, P-55 and P-56 to the witness Atty. Crook presents Exhibit P-34 to the witness which is in evidence. Atty. Crook presents Exhibit P-114 to the witness and moves to admit into evidence. Court admits Exhibit P-114 into evidence. Atty. Crook presents Exhibit P-70 to the witness and moves to admit into evidence. Court admits Exhibit P-70 into evidence. Atty. Crook presents Exhibit P-35 to the witness which is stipulated into evidence. Court admits Exhibit P-35 into evidence. Redirect Examination: Nancy Ohlin. Recross Examination: Nancy Ohlin. Defendant calls their 9th Witness: William B. Fairley. Direct Examination: William B. Fairley. Atty. Higgins moves to certify witness as an expert of analysis. Atty. Colfax states no objection. Court certifies witness as expert. Atty. Higgins presents Exhibit D-107 to the witness and moves to admit. Court admits Exhibit D-107 into evidence. Atty. Higgins presents Exhibit D-107A to the witness and moves to admit into evidence. Court admits Exhibit D-107A into evidence. Direct Examination: William B. Fairley continues. Cross Examination: William B. Fairley. Atty. Colfax presents Exhibit P-294 to the witness Defendant Rests. Proof is closed. Court recesses until 1:00 p.m. for summations. Court discusses charge and citation provided to the attorneys. Atty. Colfax presents motion to strike Dr. Fairleys testimony. Jury brought into the courtroom. Defendants summation. Plaintiffs summation. Court recesses until 2:30 p.m. Court charges the jury. Court inquires of additions and changes to charge. Atty. Colfax states objections. Court gives additional charge to the jury. Jury sent to deliberation. Jury is brought into courtroom for verdict has been returned. Court reads the verdict. (Court Reporter Bonnie Buckley) Time: 9:00 a.m. - 4:30 p.m. (jel, ) |
| Text Only Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 8/8/2012. Appearances Made: Jamie Crook, Reed Colfax and Tara Ranchandani, Esqs., for the plaintiff and Gregg Johnson and Timothy Higgins, Esqs., for the defendant. Jury brought into the jury room. Plaintiff calls 8th Witness: Steven Raphael. Direct Examination: Steven Raphael. Atty. Crook moves to certify witness as expert. Defense counsel objects. Court overrules objections. Cross Examination: Steven Raphael. Redirect Examination: Steven Raphael. Recross Examination: Steven Raphael. Plaintiffs Rest. Court reserves on defendants motions. Defendant calls 1st Witness: Scott Johnson. Direct Examination: Scott Johnson. Atty. Johnson presents Exhibits D-100 and D-106 to the witness which is stipulated into evidence. Court recesses until 10:40 a.m. Court turns to motions. Atty. Johnson makes Rule 50(a) motion. Court reserves. Cross Examination: Scott Johnson. Atty. Colfax presents Exhibit P-121 to the witness and moves to admit into evidence. Atty. Colfax presents Exhibit P-85 to the witness which is in evidence. Atty. Colfax presents Exhibit P-221. Redirect Examination: Scott Johnson. Defendant calls 2nd Witness: Geoffrey Bornemann. Direct Examination: Geoffrey Bornemann. Atty. Johnson presents Exhibit D-91 which is in evidence. Atty. Johnson presents Exhibit D-27 and D-102 to the witness and moves to admit into evidence. Court admits Exhibit D-27 and D-102 into evidence. Court recesses until 1:05 p.m. Atty. Johnson presents Exhibit D-90 to the witness and moves to admit into evidence. Court admits Exhibit D-90 into evidence. Cross Examination: Geoffrey Bornemann. Atty. Colfax presents Exhibit P-88 to the witness and moves to admit into evidence. Court admits Exhibit P-88 into evidence. Atty. Colfax presents Exhibit D-21 to the witness which is stipulated into evidence. Redirect Examination: Geoffrey Bornemann. Atty. Johnson presents Exhibit D-27 and D-106 to the witness. Defendant calls 3rd Witness: Michael Lenz. Direct Examination: Michael Lenz. Atty. Johnson presents Exhibit D-20 which is admitted as P-5 to the witness. Atty. Johnson presents Exhibit D-16 to the witness and moves to admit into evidence. Court admits Exhibit D-16 into evidence. Atty. Johnson presents Exhibit D-75 which has been admitted under P-31 to the witness. Cross Examination: Michael Lenz. Atty. Colfax presents Exhibit D-16 to the witness. Defendant calls 4th Witness: Robert Bristol. Direct Examination: Robert Bristol. Court recesses until 3:00 p.m. Cross Examination: Robert Bristol. Defendant calls 5th Witness: Matthew McCabe. Direct Examination: Matthew McCabe. Atty. Johnson presents Exhibit D-75 which was admitted as P-31 to the witness. Atty. Johnson presents Exhibit D-89 to the witness and moves to admit into evidence. Court admits Exhibit D-89 into evidence. Cross Examination: Matthew McCabe. Atty. Crook presents Exhibit P-156 to the witness and moves to admit into evidence. Court admits Exhibit P-156 into evidence. Atty. Crook presents Exhibit P-138 to the witness and moves to admit into evidence. Court admits Exhibit P-138 into evidence. Redirect Examination: Matthew McCabe. Defendant calls 6th Witness: Theresa Capozzola. Direct Examination: Theresa Capozzola. Atty. Johnson presents Exhibit D-16 to the witness. Atty. Johnson presents Exhibit D-20 to the witness. Cross Examination: Theresa Capozzola. Defendant calls 7th Witness: Bradley Birge. Direct Examination: Bradley Birge. Atty. Higgins presents Exhibit D-103 to the witness and moves to admit into evidence. Court admits Exhibit D-103 into evidence. Attorney Higgins presents Exhibits D-99C and D-99D to the witness and moves to admit into evidence. Court admits Exhibits D-99C and D-99D into evidence. Cross Examination: Bradley Birge. Atty. Colfax presents Exhibit D-103 to the witness. Atty. Colfax presents Exhibit D-218 to the witness and moves to admit into evidence. Court admits Exhibit D-218 into evidence. Atty. Colfax presents Exhibit D-103 to the witness. Court excuses the jury until 9:00 a.m. Court inquires of the defendants proof. Court inquires of plaintiffs rebuttal. Court will hold a charge conference at 5:00 p.m. Court conducts charge conference. Court adjourns until 9:00 a.m. (Court Reporter Bonnie Buckley) Time: 9:00 a.m. - 5:40 p.m. (jel, ) |
| Filing 347 Text Only Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 8/7/2012. Appearances Made: Reed Colfax, Jamie Crook and Tara Ranchandani, Esqs., for the plaintiff and Gregg Johnson and Timothy Higgins, Esq., for the defendant. Jury brought into the courtroom. Direct Examination: Greg Anderson continues. Atty. Colfax presents Exhibit P-91 to the witness and stipulated into evidence. Atty. Colfax presents Exhibit P-260 to the witness and moves to admit into evidence. Court admits Exhibit P-260 into evidence. Atty. Colfax presents Exhibit P-13 to the witness and moves to admit into evidence. Court admits Exhibit P-13 into evidence. Atty. Colfax presents Exhibit P-15 to the witness and moves to admit into evidence. Court admits Exhibit P-15 into evidence. Atty. Colfax presents Exhibit P-19 to the witness and moves to admit into evidence. Court admits Exhibit P-19 into evidence. Atty. Colfax presents Exhibit P-20 to the witness and moves to admit into evidence. Court admits Exhibit P-20 into evidence. Atty. Colfax presents Exhibit P-27 to the witness and moves to admit into evidence. Court admits Exhibit P-27 into evidence. Atty. Colfax presents Exhibit P-136 to the witness and moves to admit into evidence. Court admits Exhibit P-136 into evidence. Atty. Colfax presents Exhibit P-22 to the witness and moves to admit into evidence. Court admits Exhibit P-22 into evidence. Atty. Colfax presents Exhibit P-48 to the witness and moves to admit into evidence. Court admits Exhibit P-48 into evidence. Atty. Colfax presents Exhibit P-26 to the witness and moves to admit into evidence. Court admits Exhibit P-26 into evidence. Atty. Colfax presents Exhibit P-32 to the witness and moves to admit into evidence. Court admits Exhibit P-32 into evidence. Atty. Colfax presents Exhibit P-131 to the witness and moves to admit into evidence. Court admits Exhibit P-131 into evidence. Atty. Colfax presents Exhibit P-36 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustains objection. Atty. Colfax resubmits P-36 to admit into evidence. Court admits Exhibit P-36 into evidence. Atty. Colfax presents Exhibit P-6 to the witness and moves to admit into evidence. Court admits Exhibit P-6 into evidence. Atty. Colfax presents Exhibit P-38 to the witness and moves to admit into evidence. Court admits Exhibit P-38 into evidence. Atty. Colfax presents Exhibit P-210 to the witness and moves to admit into evidence. Court admits Exhibit P-210 into evidence. Cross Examination: Greg Anderson. Atty. Johnson presents Exhibit D-1 to the witness which is stipulated into evidence. Atty. Johnson presents Exhibit D-80 and D-84 to the witness and moves to admit into evidence and moves to admit D-80 and D-84 into evidence. Court admits Exhibit D-80 and D-84 into evidence and will provide jury with limiting instruction. Atty. Johnson presents Exhibits P-92 and P-95 to the witness. Court recesses until 10:40 a.m. Court turns to Rule 26(a). Atty. Johnson presents Exhibit P-92 to the witness which is stipulated into evidence. Atty. Johnson presents Exhibit P-260 to the witness which is in evidence. Atty. Johnson presents Exhibits D-98 E and F to the witness and moves to admit into evidence. Court admits Exhibits D-98 E and F into evidence. Atty. Johnson presents Exhibit P-91 to the witness which is in evidence. Atty. Johnson presents Exhibit P-16 to the witness which is stipulated into evidence. Atty. Johnson presents Exhibits P-14, P-18 and P-26 to the witness which is in evidence. Redirect Examination: Greg Johnson. Atty. Colfax presents Exhibit P-8 to the witness and moves to admit into evidence. Court admits Exhibit P-8 into evidence. Recross Examination: Greg Johnson. Plaintiff calls 3rd Witness: Allan Parnell. Direct Examination: Allan Parnell. Plaintiff moves to qualify witness as an expert. Atty. Colfax presents Exhibit P-238 to the witness and moves to admit as it only pertains to Table 2. Atty. Johnson objects. Court reserves. Atty. Colfax presents P-239 to the witness and inquires to publish Table S1. Court gives same ruling. Atty. Colfax presents P-277 to the witness and inquires to publish Table 2a. Court gives same ruling. Court recesses until 1:00 p.m. Court admits Exhibits P-238, P-239 and P-277 into evidence. Atty. Colfax presents Exhibit P-85 to the witness and moves to admit into evidence. Court admits Exhibit P-85 into evidence. Atty. Colfax presents Exhibit P-43 to the witness and moves to admit into evidence. Court admits Exhibit P-43 into evidence. Atty. Colfax presents Exhibit P-261 to the witness and moves to admit into evidence. Court admits Exhibit P-261 into evidence. Atty. Colfax presents Exhibit P-262 to the witness and moves to admit into evidence. Court admits Exhibit P-261 into evidence. Atty. Colfax presents Exhibit P-303 to the witness and moves to admit into evidence. Court admits Exhibit P-303 into evidence. Atty. Colfax presents Exhibit P-304 to the witness and moves to admit into evidence. Court admits Exhibit P-304 into evidence. Atty. Colfax presents Exhibit P-305 to the witness and moves to admit into evidence. Court admits Exhibit P-305 into evidence. Cross Examination: Allan Parnell. Atty. Johnson presents Exhibit P-302 to P-305 and moves to strike. Court denies. Redirect Examination: Allan Parnell. Recross Examination: Allan Parnell. Court addresses Exhibit P-306 with counsel. Court discusses further with all counsel. Court discusses loss of business reputation. Plaintiff calls 4th Witness: Dennis Brunelle. Direct Examination: Dennis Brunelle. Atty. Crook presents Exhibit P-12 to the witness and moves to admit into evidence. Court admits Exhibit P-12 into evidence. Atty. Crook presents Exhibit P-105 to the witness and moves to admit into evidence. Court admits Exhibit P-105 into evidence. Atty. Crook presents Exhibit P-111 to the witness and moves to admit into evidence. Court admits Exhibit P-111 into evidence. Atty. Crook presents Exhibit P-171 to the witness and moves to admit into evidence. Court admits Exhibit P-171 into evidence. Cross Examination: Dennis Brunelle. Atty. Higgins presents Exhibit D-108 to the witness and moves to admit into evidence. Court admits Exhibit D-108 into evidence. Redirect Examination: Dennis Brunelle. Plaintiffs call 5th Witness: Stephen Towne. Direct Examination: Stephen Town. Atty. Crook presents Exhibit P-15 to the witness. Atty. Crook presents Exhibit P-17 to the witness. Atty. Crook presents Exhibit P-20 to the witness. Atty. Crook presents Exhibit P-21 to the witness. Atty. Crook presents Exhibit P-31 to the witness. Plaintiff calls 6th Witness: Geoff Borneman by Deposition. Plaintiff calls 7th Witness: Bradley Birge by Deposition. Jury excused until 9:00 a.m. Court inquires of plaintiffs case and remaining witnesses. Court states will address damages issue in the morning. (Court Reporter Bonnie Buckley) Time: 9:00 a.m. - 5:00 p.m. (jel, ) |
| Text Only Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 8/6/2012. Appearances Made: Reed Colfax, Jamie Crook and Tara Ranchandani, Esqs., for the plaintiff and Gregg Johnson and Timothy Higgins, Esqs., for the defendant. Court turns to outstanding issues as discussed at pretrial conference. Court makes rulings. Jury brought into courtroom. Court addresses jury. CRD calls the panel members into the jury box. Court begins voir dire. Plaintiff begins voir dire. Defendant begins voir dire. Court inquires on challenges for cause. Court takes them to side bar. Court takes a break until 11:50 a.m. Parties start peremptory challenge. Jury is selected. Court gives the jury preliminary instructions. Court instructs on jury note taking. Plaintiffs Opening Statement. Defendants Opening Statement. Plaintiff calls 1st Witness: Susan Anderson Touhey. Direct Examination: Susan Anderson Touhey. Atty. Crook presents Exhibit P-77 to the witness and moves to admit into evidence. Court admits Exhibit P-77 into evidence. Atty. Crook presents Exhibit P-34 to the witness and is stipulated into evidence. Atty. Crook presents Exhibit P-68 to the witness and moves to admit into evidence. Court admits Exhibit P-68 into evidence. Atty. Crook presents Exhibit P-2 to the witness and moves to admit into evidence. Court admits Exhibit P-2 into evidence. Atty. Crook presents Exhibit P-5 and stipulated into evidence. Atty. Crook presents Exhibit P-84 to the witness and moves to admit into evidence. Court admits Exhibit P-84 into evidence. Court addresses counsel prior to jury coming into courtroom. Jury brought into the courtroom. Cross Examination: Susan Anderson Touhey. Atty. Higgins presents Exhibit P-14 to the witness and moves to admit into evidence. Court admits Exhibit P-14 into evidence. Redirect Examination: Susan Anderson Touhey. Atty. Crook presents Exhibit P-18 to the witness and stipulated into evidence. Plaintiff calls 2nd Witness: Greg Anderson. Direct Examination: Greg Anderson. Atty. Colfax presents Exhibit P-204 to the witness and stipulated into evidence. Atty. Colfax presents Exhibit P-203 to the witness and moves to admit into evidence. Court admits Exhibit P-203 into evidence. Atty. Colfax presents Exhibit P-195 to the witness and stipulates into evidence. Atty. Colfax presents Exhibit P-10 to the witness. Atty. Colfax presents Exhibit P-17 to the witness which is stipulated into evidence. Atty. Colfax presents Exhibit P-21 to the witness which is stipulated into evidence. Atty. Colfax presents Exhibit P-24 to the witness which is stipulated into evidence. Atty. Colfax presents Exhibit P-31 to the witness which is stipulated into evidence. Atty. Colfax presents Exhibit P-36 to the witness and moves to admit into evidence. Court Reserves on admission. Atty. Colfax presents Exhibit P-6 to the witness and moves to admit into evidence. Court Reserves on admission. Court to excuse the jury until 9:00 a.m. Court turns to lawsuit and discusses what plaintiff must prove. Atty. Colfax discusses his position regarding relevant proof. Atty. Johnson discusses the defendants position. (Court Reporter Bonnie Buckley) Time: 9:20 a.m. - 5:10 p.m. (jel, ) |
| Filing 346 NOTICE by Gail Anderson, The Anderson Group, LLC Of Filing Proposed Preliminary Instruction Regarding Prior Article 78 Proceedings (Colfax, Reed) |
| Filing 345 RESPONSE TO LETTER BRIEF filed by City of Saratoga Springs as to #342 Notice (Other) filed by Gail Anderson, The Anderson Group, LLC, #341 LETTER BRIEF filed by Gail Anderson, The Anderson Group, LLC . (Attachments: #1 Appendix Certificate of Service)(Johnson, Gregg) |
| Filing 344 Letter Motion from Gregg T. Johnson, Esq. for City of Saratoga Springs requesting to read prior trial testimony into the record submitted to Judge Gary L. Sharpe . (Attachments: #1 Appendix List of testimony, #2 Appendix Certificate of Service)(Johnson, Gregg) |
| Filing 343 NOTICE by Gail Anderson, The Anderson Group, LLC (Plaintiff's Counter-Designations of Robert Israel's Trial Testimony) (Colfax, Reed) |
| Filing 342 NOTICE by Gail Anderson, The Anderson Group, LLC re #330 Proposed Verdict Form, #329 Proposed Jury Instructions Objections to Defendant's Requested Jury Instructions and Proposed Special Verdict Questionnaire (Colfax, Reed) |
| Filing 341 LETTER BRIEF Regarding Absolute Numbers Analysis by Defendant's Expert Dr. Fairley by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Attachment A, #2 Exhibit(s) Attachment B)(Colfax, Reed) |
| Text Only Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: Final Pretrial Conference held on 7/23/2012. Appearances Made: Reed Colfax, Tara Ramchadani and Jaime Crook, Esqs., for the plaintiff and Gregg Johnson and Timoth Higgins, Esq., for the defendants. Court discusses jury selection and procedure. Attorneys discuss motions in limine. Court makes rulings. Attorneys discuss prior trial and opening statements. Parties advise court that trial should last 5-6 days. (Court Reporter Theresa Casal) Time: 1:00-1:30 p.m. (jel, ) |
| Filing 340 RESPONSE in Opposition re #316 MOTION in Limine (Plaintiff The Anderson Group, LLC) To Exclude Evidence Or Testimony Regarding 2005-2006 Article 78 Proceedings, #317 MOTION in Limine (Plaintiff The Anderson Group, LLC) To Exclude Evidence Or Testimony Regarding Its Residential Building Experience, #319 MOTION in Limine (Plaintiff The Anderson Group, LLC) To Exclude Evidence Or Testimony Regarding "Minority Housing" filed by City of Saratoga Springs. (Attachments: #1 Appendix Certificate of Service)(Johnson, Gregg) |
| Filing 339 RESPONSE in Opposition re #311 MOTION in Limine to preclude damage evidence of lost revenue/profits filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Declaration R. Colfax, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8)(Colfax, Reed) |
| Filing 338 RESPONSE in Opposition re #313 MOTION in Limine to preclude plaintiff from re-litigating certain facts filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Declaration R. Colfax, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5)(Colfax, Reed) |
| Filing 337 RESPONSE in Opposition re #314 MOTION in Limine to preclude plaintiff from introducing evidence of an alleged remark by Nancy Goldberg filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Declaration R. Colfax, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5)(Colfax, Reed) |
| Filing 336 RESPONSE in Opposition re #312 MOTION in Limine to preclude plaintiff's expert witness from offering evidence at trial filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Declaration Colfax Decl., #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10)(Colfax, Reed) |
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Filing 335
ORDER granting #308 Motion for Limited Admission Pro Hac Vice. Signed by Magistrate Judge David R. Homer on 7/17/2012. (dpk)
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| Filing 334 PRETRIAL STIPULATION by City of Saratoga Springs, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 333 STATUS REPORT enclosing defendant's pre-trial submissions by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 332 CERTIFICATE OF SERVICE by City of Saratoga Springs re #313 MOTION in Limine to preclude plaintiff from re-litigating certain facts, #311 MOTION in Limine to preclude damage evidence of lost revenue/profits, #331 Exhibit List, #318 Court Ordered Voir Dire, #330 Proposed Verdict Form, #329 Proposed Jury Instructions, #320 Proposed Voir Dire, #321 Witness List, #312 MOTION in Limine to preclude plaintiff's expert witness from offering evidence at trial, #314 MOTION in Limine to preclude plaintiff from introducing evidence of an alleged remark by Nancy Goldberg, #324 Trial Brief (Johnson, Gregg) |
| Filing 331 Exhibit List by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 330 PROPOSED VERDICT FORM /Questionnaire by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 329 Proposed Jury Instructions by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 328 NOTICE by Gail Anderson, The Anderson Group, LLC re #327 Witness List And Filing Of Depositions (Plaintiff The Anderson Group, LLC) (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Colfax, Reed) |
| Filing 327 Witness List by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 326 Exhibit List (Plaintiff The Anderson Group, LLC) by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 325 Proposed Jury Instructions by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 324 TRIAL BRIEF by City of Saratoga Springs. (Attachments: #1 Appendix unreported case, #2 Appendix unreported case)(Johnson, Gregg) |
| Filing 323 Court Ordered Voir Dire by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 322 Proposed Voir Dire by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 321 Witness List by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 320 Proposed Voir Dire by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 319 MOTION in Limine (Plaintiff The Anderson Group, LLC) To Exclude Evidence Or Testimony Regarding "Minority Housing" filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Colfax, Reed) |
| Filing 318 Court Ordered Voir Dire by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 317 MOTION in Limine (Plaintiff The Anderson Group, LLC) To Exclude Evidence Or Testimony Regarding Its Residential Building Experience filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Colfax, Reed) |
| Filing 316 MOTION in Limine (Plaintiff The Anderson Group, LLC) To Exclude Evidence Or Testimony Regarding 2005-2006 Article 78 Proceedings filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Colfax, Reed) |
| Filing 315 TRIAL BRIEF (Plaintiff The Anderson Group, LLC) by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 314 MOTION in Limine to preclude plaintiff from introducing evidence of an alleged remark by Nancy Goldberg filed by City of Saratoga Springs. (Attachments: #1 Exhibit(s) Ex A, #2 Exhibit(s) Ex B, #3 Exhibit(s) Ex C, #4 Memorandum of Law MOL, #5 Appendix unreported case, #6 Appendix unreported case) (Johnson, Gregg) |
| Filing 313 MOTION in Limine to preclude plaintiff from re-litigating certain facts filed by City of Saratoga Springs. (Attachments: #1 Exhibit(s) Ex A, #2 Exhibit(s) Ex B, #3 Exhibit(s) Ex C, #4 Memorandum of Law MOL, #5 Appendix unreported case, #6 Appendix unreported case) (Johnson, Gregg) |
| Filing 312 MOTION in Limine to preclude plaintiff's expert witness from offering evidence at trial filed by City of Saratoga Springs. (Attachments: #1 Exhibit(s) Ex A, #2 Exhibit(s) Ex B, #3 Exhibit(s) Ex C, #4 Exhibit(s) Ex D, #5 Exhibit(s) Ex E, #6 Exhibit(s) Ex F, #7 Memorandum of Law MOL, #8 Appendix Unreported case) (Johnson, Gregg) |
| Filing 311 MOTION in Limine to preclude damage evidence of lost revenue/profits filed by City of Saratoga Springs. (Attachments: #1 Exhibit(s) Ex A, #2 Exhibit(s) Ex B, #3 Exhibit(s) Ex C, #4 Exhibit(s) Ex D, #5 Exhibit(s) Ex E, #6 Exhibit(s) Ex F, #7 Memorandum of Law MOL) (Johnson, Gregg) |
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Filing 310
SUMMARY ORDER - That the retrial shall be limited to TAG's adverse impact and perpetuation of segregation claims against Saratoga, along with the issue of damages therefor. Signed by Chief Judge Gary L. Sharpe on 7/12/2012. (jel, )
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Filing 309
ORDER. ORDERED that as to plaintiffs' #302 request to strike portions of Dr. Fairly's supplemental expert witness report, that request is GRANTED as to those portions of the report utilizing a "weighted analysis" any data available to the parties prior to the first trial of this action, and defendants shall serve a corrected supplemental report from Dr. Fairly on or before 7/20/2012 and DENIED in all other respects. Plaintiffs' #307 request for an order finding that there are no discovery matters which preclude the admissibility at trial of the spread sheet is DENIED on the grounds that the admissibility at trial of the spread sheet is a matter committed to the discretion of the trial judge and, as raised by the plaintiffs, plaintiffs seek an advisory opinion on a matter where no actual controversy has been raised. Signed by Magistrate Judge David R. Homer on 7/11/2012. (dpk)
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| Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Discovery Hearing was held on 7/12/2012 with Reed Colfax and Gregg Johnson. Arguments were heard and rulings made. A written order will be entered. (Court Reporter Lisa Tennyson)(FTR CRD Lynda Hennessy) (lah, ) |
| Filing 308 MOTION for Limited Admission Pro Hac Vice of Tara K. Ramchandani Filing fee $100, receipt number 0206-2245225. filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Proposed Order/Judgment Text of Proposed Order, #2 Exhibit(s) Petition, #3 Exhibit(s) Affidavit of Sponsor, #4 Exhibit(s) ECF Registration, #5 Exhibit(s) Certificate of Good Standing) Motions referred to David R. Homer. (Colfax, Reed) |
| Filing 307 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting Telephone Conference Regarding Damages Evidence submitted to Judge Homer . (Attachments: #1 Exhibit(s) 6/29/12 Johnson Ltr to Colfax, #2 Exhibit(s) Def. First Demand for Production of Documents, #3 Exhibit(s) Def. Second Demand for Production of Documents, #4 Exhibit(s) Def. Third Demand for Production of Documents)(Colfax, Reed) |
| Filing 306 REPLY to Response to Motion re #302 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting To Strike Parts II-VI and Tables 1-4 of Defendant's Expert Report submitted to Judge Homer filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s))(Colfax, Reed) |
| TEXT NOTICE re #302 and #305 . A Telephone Discovery Conference is set for 7/10/2012 at 11:00 AM with Magistrate Judge David R. Homer. Please use the Court's DIAL-IN # 1-888-684-8852 ACCESS CODE 4750370 SECURITY CODE 1234. (lah, ) |
| Filing 305 LETTER BRIEF in response to Plaintiff's letter of June 21, 2012 (Dkt. No. 302) by City of Saratoga Springs. (Attachments: #1 Exhibit(s) Ex A, #2 Exhibit(s) Ex B, #3 Exhibit(s) Ex C, #4 Exhibit(s) Ex D, #5 Exhibit(s) Ex E, #6 Affidavit Certificate of Service)(Kissane, Mary Elizabeth) |
| Filing 304 NOTICE of Appearance by Mary Elizabeth Kissane on behalf of City of Saratoga Springs (Attachments: #1 Appendix Certificate of Service)(Kissane, Mary Elizabeth) |
| Filing 303 REPLY to Response to Motion re #300 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting Clarification Regarding Scope of Issues to Be Tried submitted to Judge Sharpe filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Attachment A, #2 Exhibit(s) Attachment B)(Colfax, Reed) |
| Filing 302 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting To Strike Parts II-VI and Tables 1-4 of Defendant's Expert Report submitted to Judge Homer . (Attachments: #1 Exhibit(s) 2007 Fairley Report, #2 Exhibit(s) 2012 Fairley Report, #3 Exhibit(s) 2012 Parnell Report, #4 Exhibit(s) Excerpts from 2010 Trial Transcript)(Colfax, Reed) |
| Filing 301 RESPONSE TO LETTER BRIEF filed by City of Saratoga Springs as to #300 Letter Request/Motion filed by Gail Anderson, The Anderson Group, LLC in opposition to Plaintiffs' June 14, 2012 letter brief. (Attachments: #1 Affidavit certificate of service)(Johnson, Gregg) |
| Filing 300 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting Clarification Regarding Scope of Issues to Be Tried submitted to Judge Sharpe . (Colfax, Reed) |
| TEXT ONLY NOTICE of Hearing: Due to a conflict in the court's calendar, the Final Pretrial Conference has been reset for 7/23/2012 at 01:00 PM in Albany before Chief Judge Gary L. Sharpe. (jel, ) |
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Filing 299
ORDER re Discovery Hearing. ORDERED that Plaintiff's request for leave to serve a supplemental expert witness report from Dr. Parnell is GRANTED and such report shall be formally served upon defendants on or before 5/25/2012; defendants are granted leave to serve a responsive expert witness report on or before 6/15/2012; and the parties are granted leave to depose the other's expert witness regarding any such supplemental report at dates, times and places to be arranged among the parties; and Plaintiff's request for leave to serve a new expert witness report from Christopher Leisner is DENIED for plaintiff's failure to demonstrate good cause to extend the deadline for the service of expert witness reports and for the reasons stated on-the-record at the conclusion of the conference on 5/18/2012, which are incorporated hereby by reference. Signed by Magistrate Judge David R. Homer on 5/18/2012. (dpk)
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| Minute Entry for proceedings held re #295 and #298 before Magistrate Judge David R. Homer. A Discovery Conference was held on-the-record on 5/18/2012 with Reed Colfax and Gregg Johnson. Plaintiffs seek to supplement expert witness reports. After discussions, plaintiffs' request was granted and denied in part. A written order will enter. [Court Steno Therea Casal] [FTR CRD Cindy Mezoff] (lah, ) |
| Filing 298 RESPONSE TO LETTER BRIEF filed by City of Saratoga Springs as to #295 Letter Request/Motion filed by The Anderson Group, LLC seeking to reopen expert discovery. (Attachments: #1 Exhibit(s) Attachment A, #2 Exhibit(s) Attachment B, #3 Exhibit(s) Attachment C, #4 Affidavit Certificate of Service)(Johnson, Gregg) |
| TEXT NOTICE: A Telephone Conference re #295 and #296 is set for 5/18/2012 at 10:00 AM with Magistrate Judge David R. Homer. Chambers will initiate the conference call. (lah, ) |
| Filing 297 NOTICE of Appearance by Timothy J. Higgins on behalf of City of Saratoga Springs (Higgins, Timothy) |
| Filing 296 Letter Motion from Gregg T. Johnson for City of Saratoga Springs requesting Extending Defendant's time to respond to Plaintiff's motions submitted to Judge Hon. David R. Homer . (Attachments: #1 Affidavit Certificate of service)(Johnson, Gregg) |
| Filing 295 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Telephone Conference and Leave to Serve Expert Reports submitted to Judge Homer . (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Colfax, Reed) |
| Filing 294 MANDATE of USCA, issued 12/29/11, denying deft's 1292(b) petition for leave to file #283 interlocutory Appeal. (cbm, ) |
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Text Only Order - On December 15, 2010, plaintiff the Anderson Group filed a motion for attorneys' fees and costs. (See Dkt. No. 271.) In light of the court's decision to order a new trial, (see Dkt. No. 278), the motion is DENIED with leave to renew at the appropriate time. IT IS SO ORDERED. Issued by Judge Gary L. Sharpe on 12/13/2011. (jel, )
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Filing 293
TRIAL ORDER - Consent to the Exercise of Jurisdiction by a Magistrate Judge, if the parties so choose, shall be submitted on or before 7/12/2012. Pretrial Submissions due by 4:00 p.m. on 7/16/2012, Final Pretrial Conference set for 7/30/2012 at 09:00 AM in Albany before Judge Gary L. Sharpe. Jury Trial set for 8/6/2012 at 09:30 AM in Albany before Judge Gary L. Sharpe. Signed by Judge Gary L. Sharpe on 12/7/2011. (Attachments: #1 Consent Form)(jel, )
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| Filing 292 Letter from Gregg T. Johnson, Esq. advising the Clerk's Office that Mark J. Lemire, Esq. is no longer with the firm of Lemire Johnson, LLC and should be terminated from this action. (mab) |
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Filing 291
LETTER/ORDER - Attorney Katherine A. Gillespie terminated. Signed by Judge Gary L. Sharpe on 9/29/2011. (jel, )
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| Filing 290 NOTICE by Gail Anderson, The Anderson Group, LLC of Withdrawal of Katherine A. Gillespie as Counsel for Plaintiffs (Colfax, Reed) |
| USCA Case Number is 11-3094 for #283 Appeal filed by City of Saratoga Springs. (cbm ) |
| Filing 289 Supplemental Electronic Certification transmitted to US Court of Appeals. (jel, ) |
| Filing 288 AMENDED ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #283 Notice of Appeal (jel, ) |
| Filing 287 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #283 Notice of Appeal (dpk) |
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Filing 286
MEMORANDUM-DECISION and ORDER - That Saratoga's #279 Motion for Certificate of Appealability is GRANTED limited to the issue of standing under the FHA. That Saratoga's motion for a certificate of appealability is otherwise DENIED. Signed by Judge Gary L. Sharpe on 7/26/2011. (jel, )
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| Filing 285 CERTIFICATE OF SERVICE by City of Saratoga Springs re #284 Reply to Response to Motion, (Lemire, Mark) |
| Filing 284 REPLY to Response to Motion re #279 MOTION for Certificate of Appealability filed by City of Saratoga Springs. (Attachments: #1 Supplement 1997 US Dist LEXIS 10451, #2 Supplement 2005 US Dist LEXIS 4552, #3 Supplement 2005 US Dist LEXIS 31355, #4 Supplement 2010 US Dist LEXIS 16491)(Lemire, Mark) |
| Filing 283 NOTICE OF APPEAL by City of Saratoga Springs. Filing fee $ 455, receipt number 0206-1918133. (Attachments: #1 Affidavit certificate of service)(Johnson, Gregg) |
| Filing 282 RESPONSE in Opposition re #279 MOTION for Certificate of Appealability filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Declaration of Reed N. Colfax, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5)(Colfax, Reed) |
| Filing 281 CERTIFICATE OF SERVICE by City of Saratoga Springs re #280 Memorandum of Law (Johnson, Gregg) |
| Filing 280 MEMORANDUM OF LAW re #279 Motion for Certificate of Appealability, Complete document to replace docket number 279-1 filed by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 279 MOTION for Certificate of Appealability Motion Hearing set for 8/4/2011 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 7/18/2011 Reply to Response to Motion due by 7/25/2011. filed by City of Saratoga Springs. (Attachments: #1 Memorandum of Law In Support of Def's Motion for 28 USC Sec 1292(b) Certification, #2 Supplement Unreported Case, #3 Supplement Unreported Case, #4 Affidavit Certificate of Service) (Johnson, Gregg) |
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Filing 278
MEMORANDUM-DECISION and ORDER - That Saratoga's motion for a new trial is GRANTED on the Anderson Group's disparate impact and perpetuation of segregation claims. That, in the alternative, Saratoga's motion for a new trial on damages is DENIED on the condition that the Anderson Group accepts a REMITTITUR of the damages award to $81,000. That Saratoga's motion is otherwise DENIED. Signed by Judge Gary L. Sharpe on 6/21/2011. (jel, )
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| TEXT ONLY NOTICE of Hearing on Motion #262 First MOTION to Set Aside Verdict, #271 MOTION for Attorney Fees and Costs : Motion Hearing set for 5/26/2011 at 09:00 AM in Albany before Judge Gary L. Sharpe will be on SUBMIT only. No personal appearances are needed. (jel, ) |
| Filing 277 LETTER dated May 13, 2011 by Mark J. Lemire, Esq., and a copy of a D.C. Circuit Court decision which may be relevant to the court's consideration of defendant's pending motion before the court. (jel, ) |
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Filing 276
ORDER on #275 Letter Request dated 12/17/2010. IT IS SO ORDERED, that the Court has reviewed the defendant's request for an extension of time to file its response until forty-five days after the Court rules on the pending Rule 50 and 59 motions. Plaintiff does not object to an extension, however, the plaintiff does object to extending the deadline for defendant's response to the motion until after the Rule 50 and 59 motions are decided. The Court notes the plaintiff's objection and GRANTS the defendant's request. Signed by Judge Gary L. Sharpe on 1/3/2011. (sg)
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| Filing 275 Letter Motion from Mark J. Lemire for City of Saratoga Springs requesting Extension of time to file response to Plaintiff's fee and cost motion submitted to Judge Hon. Gary L. Sharpe. (Attachments: #1 Exhibit(s) Exhibit "A", #2 Affidavit Certificate of Service)(Lemire, Mark) |
| Filing 274 NOTICE by The Anderson Group, LLC re #271 MOTION for Attorney Fees and Costs - Notice of Filing of Additional Materials (Attachments: #1 Declaration of Reed N. Colfax, #2 Declaration of George D. Ruttinger, #3 Declaration of Willard Anderson)(Colfax, Reed) |
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Filing 273
ORDER on #269 Letter Request dated 12/14/2010: The plaintiffs' request for an extension of page limitation is GRANTED; the plaintiffs' request to file the supporting materials under seal is DENIED. Signed by Judge Gary L. Sharpe on 12/16/2010. (sg )
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| Filing 272 BILL OF COSTS by The Anderson Group, LLC. (Colfax, Reed) |
| Filing 271 MOTION for Attorney Fees and Costs Motion Hearing set for 2/3/2011 10:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 1/18/2011 Reply to Response to Motion due by 1/24/2011. filed by The Anderson Group, LLC. (Attachments: #1 Memorandum of Law, #2 Declaration of Simeon Goldman, #3 Proposed Order/Judgment) (Colfax, Reed) |
| Filing 270 LETTER BRIEF Objecting to TAG's letter request dated December 14, 2010 by City of Saratoga Springs. (Attachments: #1 Affidavit Certificate of Service)(Lemire, Mark) |
| Filing 269 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Extension of Pages and Permission to File Supporting Materials Under Seal submitted to Judge Gary L. Sharpe. (Colfax, Reed) |
| TEXT ONLY NOTICE of Hearing on Motion #262 First MOTION to Set Aside Verdict : Due to a conflict in the court's calendar, the Motion Hearing has been reset for 5/26/2011 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, ) |
| Filing 268 REPLY to Response to Motion re #262 First MOTION to Set Aside Verdict filed by City of Saratoga Springs. (Attachments: #1 Memorandum of Law, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Affidavit Certificate of Service)(Johnson, Gregg) |
| Filing 267 RESPONSE in Opposition re #262 First MOTION to Set Aside Verdict filed by The Anderson Group, LLC. (Attachments: #1 Declaration of Reed Colfax, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25, #27 Exhibit(s) 26, #28 Exhibit(s) 27, #29 Exhibit(s) 28, #30 Exhibit(s) 29, #31 Exhibit(s) 30, #32 Exhibit(s) 31, #33 Exhibit(s) 32, #34 Exhibit(s) 33, #35 Exhibit(s) 34)(Colfax, Reed) |
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Filing 266
ORDER granting #264 Letter Request. Signed by Judge Gary L. Sharpe on 11/12/10. (ban)
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Filing 265
ORDER granting #263 Letter Request to file a 45-page Opposition. Signed by Judge Gary L. Sharpe on 11/12/10. (ban)
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| Filing 264 Request letter Letter Motion from Mark J. Lemire for City of Saratoga Springs requesting permission to submit a reply brief if deemed necessary submitted to Judge Hon. Gary L. Sharpe. (Attachments: #1 Affidavit Certificate of Service)(Lemire, Mark) |
| Filing 263 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Extension of Pages submitted to Judge Gary L. Sharpe. (Colfax, Reed) |
| Set/Reset Deadlines as to #262 First MOTION to Set Aside Verdict. Response to Motion due by 11/16/2010 pursuant to the #259 Order. (jel, ) |
| Filing 262 First MOTION to Set Aside Verdict Motion Hearing set for 12/16/2010 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 11/29/2010 Reply to Response to Motion due by 12/6/2010. filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix, #10 Appendix, #11 Affidavit) (Johnson, Gregg) |
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Filing 261
ORDER granting defendants' #260 Letter requesting Leave to file 35 page brief in support of Rule 50 and 59 motion. Signed by Judge Gary L. Sharpe on 10/18/2010. (jel, )
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| Filing 260 Letter Motion from Mark J. Lemire, Esq. for Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne requesting Leave to file 35 page brief in support of Rule 50 and 59 motion submitted to Judge Gary L. Sharpe, USDCJ. (Lemire, Mark) |
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Filing 259
ORDER granting #258 Letter requesting Extension of One Business Day on Rule 50 and 59 Motion. The defendants' supplement to their Rule 50 and 59 motion are to be filed on or before October 18, 2010. Plaintiffs' response papers are to be filed on or before November 16, 2010. Response to Motion due by 11/16/2010. Signed by Judge Gary L. Sharpe on 10/14/2010. (jel, )
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| Filing 258 Letter Motion from Gregg T. Johnson, Esq. for Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne requesting Extension of One Business Day on Rule 50 and 59 Motion submitted to Judge Gary L. Sharpe, USDJ. (Johnson, Gregg) |
| Filing 257 NOTICE by Gail Anderson re #244 Bill of Costs Plaintiff Gail Anderson's Objections to Defendant's Bill of Costs (Colfax, Reed) |
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Filing 256
ORDER granting #255 Motion for Extension of Time to File Verified Bill of Costs and Motion for Attorneys' Fees. Signed by Judge Gary L. Sharpe on 8/13/2010. (jel, )
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| Filing 255 MOTION for Extension of Time to File Verified Bill of Costs and Motion for Attorneys' Fees filed by The Anderson Group, LLC. Motions referred to David R. Homer. (Colfax, Reed) |
| TEXT ONLY NOTICE, the #244 Bill of Costs are scheduled to be taxed on August 20, 2010. (jel, ) |
| Filing 254 TRANSCRIPT of Proceedings: JURY TRIAL - DAYS 9 & 10 held on July 1 & 2, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 253 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 8 held on June 30, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 252 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 7 held on June 29, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 251 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 6 held on June 28, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 250 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 5 held on June 25, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 249 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 4 held on June 24, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 248 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 3 held on June 23, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 247 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 2 held on June 22, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 246 TRANSCRIPT of Proceedings: JURY TRIAL - DAY 1 held on June 21, 2010, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/3/2010. Notice of Intent to Redact due by 8/10/2010 (lt, ) |
| Filing 245 AFFIDAVIT of Service for Bill of Costs as to Gail Anderson served on Reed Colfax, Esq. on July 29, 2010, filed by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 244 BILL OF COSTS as to Plaintiff Gail Anderson by City of Saratoga Springs. (Johnson, Gregg) |
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Text Only Order - The court construes the defendant, City of Saratoga Springs', letter (Dkt. No. 243) as their Rule 50 and 59 motion and grants leave to further supplement this motion on or before October 15, 2010. The Clerk of the Court is directed to amend docket number 243 to reflect as the defendants motion pursuant to Fed. R. Civ. P. 50 and 59. The plaintiffs response shall be filed on or before November 15, 2010. Issued by Judge Gary L. Sharpe on 7/28/2010. (jel, )
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| Filing 243 City of Saratoga Springs Rule 50 and 59 with request to supplement with a Memorandum of Law submitted to Judge Gary L. Sharpe. (Lemire, Mark) Modified on 8/6/2010 (jel, ). |
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Filing 242
ORDER granting #241 MOTION for Extension of Time to File Verified Bill of Costs and Motion for Attorneys' Fees. Signed by Judge Gary L. Sharpe on 7/16/2010. (jel, )
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| Filing 241 MOTION for Extension of Time to File Verified Bill of Costs and Motion for Attorneys' Fees filed by The Anderson Group, LLC. Motions referred to David R. Homer. (Colfax, Reed) |
| Filing 240 TRANSCRIPT REQUEST by Gail Anderson, The Anderson Group, LLC for proceedings held on 6/21/10-7/2/10 before Judge Sharpe.. (Attachments: #1 Transcript Order Form)(Colfax, Reed) |
| Filing 239 TRANSCRIPT REQUEST to Lisa Tennyson by City of Saratoga Springs for proceedings held on 6/21/10 to 7/2/10 before Judge Sharpe.. (Johnson, Gregg) |
| Filing 238 JUDGMENT: IT IS ORDERED, that the jury returned its verdict on July 2, 2010, in favor of the plaintiff, The Anderson Group, LLC only on the disparate impact claim and awarded damages in the amount of $1,000,000.00, and in favor of the defendant City of Saratoga Springs as to all remaining claims asserted by the plaintiffs. (jel, ) |
| Filing 237 JURY VERDICT. (jel, ) |
| Filing 236 Jury Note 1. (jel, ) Modified on 7/6/2010 (jel, ). |
| Filing 235 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial completed on 7/2/2010. Appearances Made: Reed Colfax, Katherine Gillespie, and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Court receives jury note 1. Court reads jury note 1 to the counsel. Jury brought into the courtroom. Court reads jury note 1 to the jury. Court discusses jury note 1 with the jury. Court receives jury verdict from the jury. Jury is brought into the courtroom. Court reads the jury verdict. Jury is polled. Atty. Johnson will request a Rule 50 motion. Court discusses motion with counsel. (Court Reporter Lisa Tennyson) Time: 9:00 a.m. - 5:10 p.m. (jel, ) |
| Filing 234 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 7/1/2010. Appearances Made: Reed Colfax, Katherine Gillespie and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Court conducts conference. Plaintiffs do not appear. Court addresses issues with defense counsel. Court concludes conference and will reconvene at 9:00 a.m. Jury brought into the courtroom. Defendants summation begins. Defendants summation concludes. Plaintiffs summation begins. Plaintiffs summation concludes. Court advises the jury that they will go to lunch and then he will charge them which may take up to 1 hour. Court addresses counsel on summations. Court charges the jury. Jury sent to deliberations. Atty. Colfax states his objections. Court recesses with jury deliberating. Jury excused to return at 9:00 a.m. (Court Reporter Lisa Tennyson) Time: 8:00 a.m. - 5:00 p.m. (jel, ) |
| Filing 233 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/30/2010. Appearances Maede: Reed Colfax, Katherine Gillespie and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendant. Court addresses parties with an issue with a juror. Court discusses issue with juror in chambers. Court advises issue of juror is of no moment and explains issue to the parties. Atty. Johnson states matter with witness McCabe and playing of the DVD. Discusses plaintiff is going to call Wayne Jackson who is not on any trial list or Rule 26 disclosure. Discusses this matter with the court and requests that he precluded. Atty. Colfax states only to call Jackson as a rebuttal witness. Court states will need to see the state of the evidence. Cross Examination: Scott Johnson continues. Atty. Colfax presents Exhibit P-38 to the witness. Atty. Colfax presents Exhibit P-265 to the witness. Atty. Colfax presents Exhibit P-218 to the witness. Atty. Colfax presents Exhibit P-39 to the witness. Atty. Colfax presents Exhibits P-227 and P-228 to the witness and moves to admit into evidence. Atty. Lemire objects. Court sustains objection (403). Atty. Colfax presents Exhibit P-160 to the witness. Atty. Colfax presents Exhibit P-275 to the witness and moves to admit into evidence. Atty. Lemire objects. Court sustains objection (403). Atty. Colfax renews request for Exhibit P-275. Court denies request. Redirect Examination: Scott Johnson. Atty. Lemire presents Exhibit D-95 and moves to admit into evidence by stipulation. Court admits Exhibit D-95 into evidence. Defendants call their 9th witness: William B. Fairley. Direct Examination: William B. Fairley. Atty. Lemire presents Exhibit D-108 to the witness. Atty. Lemire presents Exhibit P-26 to the witness. Cross-Examination: William B. Fairley. Atty. Colfax presents Exhibit P-276 to the witness. Redirect Examination: William B. Fairley. Recross-Examination: William B. Fairley. Defendants call their 10th witness: Robert Bristol. Direct Examination: Robert Bristol. Cross Examination: Robert Bristol. Defendants call their 11th witness: Matthew McCabe. Direct Examination: Matthew McCabe. Atty. Johnson presents Exhibit P-13 and D-43 to the witness and moves to admit Exhibit D-43 into evidence. Court admits Exhibit D-43 into evidence. Atty. Johnson plays Exhibit D-101 for the jury. Atty. Colfax requests for completeness. Atty. Johnson presents Exhibit D-16 to the witness. Atty. Johnson presents Exhibit D-80 and D-84 to the witness and moves into admittance. Court admits Exhibits D-80 and D-84 into evidence. Defendants rest. Plaintiffs rest. Court turns to the closing arguments. Court explains to the jury the progression of the case. Court to excuse the jury until 9:00 a.m. tomorrow. Court addresses parties regarding charge conference. Atty. Colfax moves for Rule 50 on a disparate impact claim. Court denies motion. Atty. Colfax moves for a mistrial. Court denies the motion. Atty. Johnson renews his Rule 50 motion on disparate impact case and disparate treatment. Court reserves on motion. Court provides work in progress for charge. Court convenes the charge conference. Atty. Colfax discusses charge with the court. Atty. Johnson discusses charge with the court. Atty. Colfax inquires of the verdict form. Court addresses the verdict form. Court adjourns until 8:00 a.m. tomorrow. (Court Reporter Lisa Tennyson) Time: 8:45 a.m. - 3:45 p.m. (jel, ) |
| Filing 232 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/29/2010. Appearances Made: Reed Colfax and Katherine Gillespie, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Court turns to the defendants motion and turns to the plaintiffs. Atty. Colfax states reached a settlement on the dismissal of claims as to the individual board members. Atty. Johnson requests order to dismiss those claims under Rule 41 dismissing with prejudice the individual capacity claims and the parties will exchange reciprocal releases. Court orders dismissal of claims. Atty. Johnson requests another Rule 50 issue. Discusses disparate impact claim. Atty. Colfax responds to the disparate impact claim. Court reserves on all aspects of the motion. Direct Examination: Nancy Ohlin. Atty. Johnson presents Exhibit D-65 to the witness. Atty. Johnson presents Exhibit D-97 to the witness and moves to admit into evidence. Atty. Colfax objects. Court reviews the exhibit. Court admits Exhibit D-97 into evidence. Atty. Johnson presents Exhibit P-111 to the witness. Atty. Johnson presents Exhibits D-39, 82 and 104 to the witness. Atty. Johnson moves to admit D-82 and D-104 into evidence by stipulation. Court admits Exhibit D-82 and D-104 into evidence. Atty. Johnson moves to admit Exhibit D-39 into evidence. Atty. Colfax objects. Court admits Exhibit D-39 into evidence. Cross-Examination: Nancy Ohlin. Atty. Colfax presents Exhibit P-18 to the witness. Atty. Colfax presents Exhibit P-111 to the witness. Atty. Colfax presents Exhibit P-19 to the witness. Atty. Colfax presents Exhibit P-156 to the witness. Atty. Colfax presents Exhibit P-114 to the witness. Atty. Colfax presents Exhibit D-82 to the witness. Atty. Colfax presents Exhibit P-162 to the witness Atty. Colfax presents Exhibit P-158 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustain objections. Atty Colfax presents Exhibit P34 to the witness. Atty. Colfax presents Exhibit P-210 to the witness. Atty. Colfax presents Exhibits P-48 and 49 to the witness and moves to admit into evidence. Court admits Exhibit P-48 into evidence and 49 is already in evidence. Atty. Colfax presents Exhibit P-204 to the witness. Atty. Colfax presents Exhibit P-18 to the witness. Redirect Examination: Nancy Ohlin. Atty. Johnson presents Exhibit D-91 to the witness which is in through P-195. Recross Examination: Nancy Ohlin. Defendants call their 4th Witness: Kenneth Klotz. Direct Examination: Kenneth Klotz. Atty. Johnson presents Exhibit D-20 which has been admitted into evidence as P-5. Atty. Johnson presents Exhibit D-6, 9, 10 and 22 to the witness and moves to admit into evidence. Court admits Exhibits D-6, 9, 10 and 22 into evidence. Cross Examination: Kenneth Klotz. Atty. Colfax presents deposition to the witness. Atty. Colfax presents Exhibit P-183 to the witness Court admits Exhibit P-183 into evidence. Redirect Examination: Kenneth Klotz. Recross Examination: Kenneth Klotz. Defendants call their 5th witness: Theresa Capozzola. Direct Examination: Theresa Capozzola. Atty. Johnson presents Exhibit D-16 to the witness and moves to admit into evidence. Court admits Exhibit D-16 into evidence. Atty presents Exhibit D-58 and P-20 to the witness and moves to admit into evidence. Court admits Exhibit D-58 and P-20 into evidence. Court inquires of defense counsels progression of the case. Atty. Johnson presents Exhibit P-31 to the witness. Defendants call their 6th witness: Dana Rosenstreich. Direct Examination: Dana Rosenstreich. Atty. Lemire presents Exhibit D-18 to the witness and moves to admit into evidence by stipulation. Court admits Exhibit D-18 into evidence. Atty. Lemire presents P-22 to the witness. Cross Examination: Dana Rosenstreich. Atty. Colfax presents Exhibit P-143 to the witness Defendants call their 7th Witness: Bob Israel. Direct Examination: Bob Israel. Atty. Johnson presents Exhibit P-22 to the witness. Atty. Johnson presents Exhibit P-24 to the witness. Cross Examination: Bob Israel. Atty. Gillespie presents Exhibit P-67 to the witness and moves to admit into evidence. Court admits Exhibit P-67 into evidence. Atty. Gillespie presents Exhibit P-242 to the witness. Redirect Examination: Bob Israel. Defendants call their 8th Witness: Scott Johnson. Direct Examination: Scott Johnson. Jury excused until 9:00 a.m. tomorrow. Atty. Colfax discusses the failure on the initial disclosure of this witness. Atty. Johnson discusses judicial redactions. Court addresses one decision went in by stipulation and redaction of the other two. (Court Reporter Lisa Tennyson) Time: 8:15 a.m. - 5:15 p.m. (jel, ) |
| Filing 231 NOTICE by City of Saratoga Springs re #216 Notice (Other) Defendant's Objections to Plaintiffs' proposed jury instructions and special verdict questionnaire and reply to plaintiff's objections to defendant's proposed jury instructions and special verdict questionnaire (Johnson, Gregg) |
| Filing 230 Proposed Jury Instructions by City of Saratoga Springs. (Johnson, Gregg) |
| Filing 229 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/28/2010. Appearances Made: Reed Colfax, Katherine Gillespie and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Atty. Colfax discusses custodian of records for the city. Set of documents produced during litigation and to have someone come down to authenticate. Subpoenaed a representative of a city. Atty. Johnson states made a formal motion to the court. Discusses received notice of this issue this weekend. Discusses some of the witnesses that have testified could have authenticated the documents. Court inquires of dispute of documents. Atty. Colfax states documents were sent to authenticate. Atty. Colfax turns to the issue of damages. Court discusses Rule 26 with the counsel. Atty. Colfax discusses calculations with the court. Court inquires further information of plaintiffs. Atty. Johnson discusses disclosure issue with the court. Court states ruling stands. Atty. Colfax requests clarification on an issue. Atty. Johnson discusses limiting instruction. Jury brought into the courtroom. Direct Examination: Gregory Anderson continues. Atty. Colfax presents Exhibit P-36 to the witness. Cross Examination: Gregory Anderson. Atty. Johnson presents Exhibit P-40 to the witness. Atty. Johnson presents Exhibits D-98H and I to the witness. Court admits Exhibits D-98H and I into evidence. Atty. Johnson presents Exhibits D-80 and D-84 to the witness and moves to admit into evidence. Atty. Colfax objects. Court sustains objections. Court states parties could redact and then admit them. Court discusses decision with the counsel. Atty. Johnson presents Exhibit D-106 to the witness. Atty. Johnson presents Exhibits P-131, D-71 and D-105 to the witness. Atty. Johnson moves to admit Exhibit D-71 into evidence. Court admits Exhibit D-71 into evidence. Atty. Johnson requests to admit D-105 into evidence. Atty. Colfax objects. Court states subject to connection. Court admits Exhibit D-105 into evidence. Court inquires of deposition testimony presentation. Redirect Examination: Gregory Anderson. Atty. Colfax presents Exhibits P-230 to P-235. Atty. Johnson objects. Court sustains the objections. Atty. Colfax presents Exhibit P-198 to the witness and moves t o admit into evidence. Atty. Johnson objects. Court admits Exhibit P-198 into evidence. Atty. Colfax presents Exhibits P-108, 139, 267, 268, 269, 270, 271 and 272 to move in admission. Court Reserves on admission of Exhibits P-108, 139, 267, 268, 269, 270, 271 and 272. Recross Examination: Gregory Anderson. Atty. Johnson presents Exhibit P-198 to the witness. Redirect Examination: Gregory Anderson. Plaintiffs call their 17th Witness: Geoff Bornemann by deposition. Direct Examination: Geoff Bornemann by deposition. Court recesses until 1:30 p.m. Court discusses a juror issue with the parties. Court excuses Juror Number 8. Court sustains objections to Exhibits P-108, 139, 267, 268, 269, 270, 271 and 272. Plaintiffs rest. Defendants call 1st witness: Anthony Izzo. Direct Examination: Anthony Izzo. Atty. Johnson presents Exhibit D-60 to the witness which is P-72. Atty. Johnson presents Exhibits D-101 and D-107 to the witness. Atty. Johnson moves to admit Exhibit D-101 into evidence. Atty. Colfax objects. Court admits Exhibit D-101 into evidence. Atty. Johnson moves to admit Exhibit D-107 into evidence. Court admits Exhibit D-107 into evidence. Defendants call their 2nd witness: Geoffrey Bornemann. Direct Examination: Geoffrey Bornemann. Atty. Johnson presents Exhibits D-27, 100 and 102 to the witness. Atty. Johnson moves to admit Exhibit D-27 into evidence. Court admits Exhibit D-27 into evidence. Atty. Johnson moves to admit Exhibit D-102 into evidence. Court admits Exhibit D-102 into evidence. Atty. Johnson presents Exhibit D-89 to the witness. Cross-Examination: Geoffrey Bornemann. Atty. Colfax presents Exhibit P-141 to the witness. Atty. Colfax presents Exhibit P-1 to the witness. Atty. Colfax presents Exhibit D-91 to the witness. Atty. Colfax presents Exhibit P-195 to the witness. Atty. Colfax presents Exhibit P-160 to the witness and moves to admit into evidence. Court admits Exhibit P-160 into evidence. Atty. Johnson presents Exhibit D-66 to the court to admit into evidence by stipulation. Atty. Johnson presents Exhibit P-160 to the witness. Defendants call their 3rd Witness: Nancy Ohlin. Direct Examination: Nancy Ohlin. Court recesses until 9:00 a.m. tomorrow. Court discusses the deposition issues with the parties. Court construes Atty. Colfaxs objection as a motion for a mistrial as prejudice to the plaintiffs and the court denies such motion. Court turns to the Rule 50 motion. Atty. Colfax states to discuss with client and indicate to the court in the morning. Court turns to the defense position of qualified immunity. Court turns to defense counsel on progression of their case. (Court Reporter Lisa Tennyson) Time: 9:00 a.m. - 5:35 p.m. (jel, ) |
| Filing 228 RESPONSE TO LETTER BRIEF filed by Gail Anderson, The Anderson Group, LLC as to #227 Proposed Jury Instructions, filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton. (Gillespie, Katherine) |
| Filing 227 Proposed Jury Instructions by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Limiting Jury Instruction)(Johnson, Gregg) |
| Filing 226 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/25/2010. Appearances Made: Reed Colfax, Katherine Gillespie and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendant. Atty. Johnson inquires on two rulings for motions in limine. Court addresses counsel on the rulings. Atty. Colfax addresses damages issue. Atty. Johnson addresses damages issue. brought into the courtroom. Cross Examination: Gail Anderson. Atty. Johnson presents Exhibit D-52 to the witness which was admitted under P-18. Atty. Johnson presents Exhibit D-99E to the witness. Atty. Johnson presents Exhibits D-80 and D-84 to the witness Plaintiffs call their 13th witness: Robert Bristol. Direct Examination: Robert Bristol. Atty. Colfax presents Exhibit P-17 to the witness. Atty. Colfax presents Exhibit P-34 to the witness. Atty. Colfax presents Exhibit P-6 to the witness. Atty. Colfax presents Exhibit P-24 to the witness. Atty. Colfax presents Exhibit P-122 to the witness. Atty. Colfax presents Exhibit P-126 to the witness. Atty. Colfax presents Exhibit P-28 to the witness. Atty. Colfax presents Exhibit P-124 to the witness. Atty. Colfax presents Exhibit P-30 to the witness. Atty. Colfax presents Exhibit P-139 to the witness and moves to admit into evidence. Atty. Johnson objects. Atty. Colfax discusses this issue with the court. Court sustains the objection. Atty. Colfax presents Exhibit P-32 to the witness. Atty. Colfax presents Exhibit P-241 to the witness and moves to admit into evidence. Court admits Exhibit P-241 into evidence. Atty. Colfax presents Exhibit P-242 to the witness and moves to admit. Atty. Johnson objects. Court admits Exhibit P-242 into evidence. Cross Examination: Robert Bristol. Atty. Johnson presents Exhibit D-52 to the witness. Redirect Examination: Robert Bristol. Atty. Colfax presents Exhibit P-131 to the witness. Plaintiffs call their 14th Witness: Thomas McTygue. Direct Examination: Thomas McTygue. Atty. Colfax presents Exhibit P-43 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustains the objection. Atty. Colfax presents Exhibit P-74 to the witness and moves to admit into evidence. Court admits Exhibit P-74 into evidence. Atty. Colfax presents Exhibit P-160 to the witness. Atty. Johnson objects. Court sustains objection. Atty. Colfax presents Exhibit P-73 to the witness and moves to admit into evidence. Court admits Exhibit P-73 into evidence. Atty. Colfax presents Exhibit P-83 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustains objection. Atty. Colfax presents Exhibit P-61 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustains objection. Atty. Colfax presents Exhibit P-31 to the witness. Atty. Colfax presents deposition to the witness. Atty. Colfax presents Exhibit P-157 to the witness and moves to admit into evidence. Court admits Exhibit P-157 into evidence. Cross Examination: Thomas McTygue. Atty. Johnson presents Exhibit P-157 to the witness. Plaintiffs call their 15th Witness: Steven Raphael. Direct Examination: Stephen Raphael. Cross Examination: Stephen Raphael. Atty. Lemire presents Exhibit P-240 to the witness. Atty. Lemire presents Exhibit P-40 to the witness. Plaintiffs call their 16th Witness: Gregory Anderson. Direct Examination: Gregory Anderson. Atty. Colfax presents Exhibits P-86, 95, 119 and 193 to the witness in which the defendants stipulate to admit into evidence. Court admits Exhibits P-86, 95, 119 and 193 into evidence. Atty. Colfax presents Exhibit P-12 to the witness. Atty. Colfax presents Exhibit P-74 to the witness Atty. Colfax presents Exhibits P-61 and D-100 and moves to admit into evidence. Court admits Exhibits P-61 and D-100 into evidence. Atty. Colfax presents Exhibit P-213 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustains the objection. Court admits Exhibit P-213 into evidence. Atty. Colfax presents Exhibit P-131 to the witness Court admits Exhibit P-131 into evidence. Atty. Colfax presents Exhibit P-39 to the witness. Atty. Colfax presents Exhibit P-7 to the witness. Atty. Colfax presents Exhibit P-85 to the witness. Atty. Colfax presents Exhibit P-84 to the witness and moves to admit into evidence by stipulation. Court admits Exhibit P-84 into evidence. Court addresses objections with counsel. Defendant makes motion to strike the expert. Court denies the motion. (Court Reporter Lisa Tennyson) Time: 9:00 a.m. - 4:10 p.m. (jel, ) |
| Filing 225 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/24/2010. Attorney Appearances Made: Reed Colfax, Katherine Gillespie and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Jury brought into the courtroom. Cross Examination: Bradley Birge. Atty. Lemire presents Exhibit D-89 to the witness and moves to admit into evidence. Court admits Exhibit D-89 into evidence. Atty. Lemire presents Exhibit D-103 to the witness and moves to admit into evidence. Court admits Exhibit D-103 into evidence. Atty. Lemire presents Exhibit D-92 to the witness and moves to admit into evidence. Court admits Exhibit D-92 into evidence. Atty. Lemire presents Exhibits D-99A through K to the witness Court admits Exhibits D-99A through K into evidence. Atty. Lemire presents Exhibit P-38 to the witness. Atty. Lemire presents Exhibit P-149 to the witness. Atty. Lemire presents Exhibit D-92 to the witness. Atty. Lemire presents Exhibit D-89 and D-99A through K to the witness. Atty. Lemire presents Exhibit D-99F to the witness. Atty. Lemire presents Exhibit D-103 to the witness. Redirect Examination: Bradley Birge. Atty. Colfax presents Exhibit P-261 to the witness. Atty. Colfax presents Exhibit P-212 and moves to admit into evidence. Court admits Exhibit P-212 into evidence. Atty. Colfax presents Exhibit P-39 to the witness and moves to admit into evidence. Court admits Exhibit P-39 into evidence. Atty. Colfax presents Exhibit D-89 and P-85 to the witness. Atty. Colfax presents Exhibit D-92 to the witness. Atty. Colfax presents Exhibit P-274 to the witness Atty. Colfax presents Exhibit P-218 to the witness and moves to admit into evidence. Court admits Exhibit P-218 into evidence. Atty. Colfax presents Exhibit D-103 to the witness. Atty. Colfax presents Exhibit P-34 to the witness. Redirect Examination: Bradley Birge Atty. Lemire presents Exhibit D-103 to the witness. Plaintiffs call their 7th witness: Thomas Curley. Direct Examination: Thomas Curley. Atty. Gillespie presents Exhibit P-195 to the witness and moves to admit into evidence. Court admits Exhibit P-195 into evidence. Atty. Gillespie presents Exhibit P-60 to the witness and moves to admit into evidence. Court admits Exhibit P-60 into evidence. Atty. Gillespie presents Exhibit P-15 to the witness. Atty. Gillespie presents Exhibit P-114 to the witness and moves to admit into evidence. Court admits Exhibit P-114 into evidence. Atty. Gillespie presents Exhibit P-21 to the witness. Atty. Gillespie presents Exhibit P-31 to the witness. Atty. Gillespie presents Exhibit P-22 to the witness. Atty. Gillespie presents Exhibit P-54 to the witness and moves to admit into evidence. Court admits Exhibit P-54 into evidence. Cross Examination: Thomas Curley. Plaintiffs call their 8th Witness: Matthew McCabe. Direct Examination: Matthew McCabe. Atty. Colfax presents Exhibit P-15 to the witness. Atty. Colfax presents Exhibit P-17 to the witness. Atty. Colfax presents Exhibit P-20 to the witness. Atty. Colfax presents Exhibit P-21 to the witness. Atty. Colfax presents Exhibit P-31 to the witness. Atty. Colfax presents Exhibits P-132 and P-138 to the witness. Cross Examination: Matthew McCabe. Plaintiffs call their 9th Witness: Jeffrey Pfeil. Direct Examination: Jeffrey Pfeil. Atty. Colfax presents Exhibit P-46 to the witness and moves to admit into evidence. Court admits Exhibit P-46 into evidence. Atty. Colfax presents Exhibit P-34 to the witness. Atty. Colfax presents Exhibit P-52 to the witness and moves to admit into evidence. Court admits Exhibit P-52 into evidence. Atty. Colfax presents Exhibit P-49 to the witness and moves to admit into evidence. Court admits Exhibit P-49 into evidence. Atty. Colfax presents Exhibit P-56 to the witness and moves to admit into evidence. Court admits Exhibit P-56 into evidence. Atty. Colfax presents Exhibit P-55 to the witness and moves to admit into evidence. Court admits Exhibit P-56 into evidence. Atty. Colfax presents Exhibit D-25 to the witness. Cross Examination: Jeffrey Pfeil. Atty. Lemire presents Exhibit P-52 to the witness. Plaintiffs call their 10th witness: Michael Lenz. Direct Examination: Michael Lenz. Atty. Gillespie presents Exhibit P-34 and 35 to the witness. Atty. Gillespie presents Exhibit P-59 to the witness Atty. Gillespie presents Exhibit P-60 to the witness. Atty. Gillespie presents Exhibit P-13 to the witness. Atty. Gillespie presents Exhibit P-19 to the witness. Atty. Gillespie presents Exhibit P-260 to the witness. Atty. Gillespie presents Exhibit P-114 to the witness. Atty. Gillespie presents Exhibit P-21 to the witness. Atty. Gillespie presents Exhibit P-31 to the witness. Cross Examination: Michael Lenz. Atty. Johnson presents Exhibit P-260 to the witness. Plaintiffs call their 11th witness: Stephen Towne. Direct Examination: Stephen Towne. Atty. Colfax presents Exhibit P-31 to the witness. Atty. Colfax presents Exhibit P-20 to the witness. Atty. Colfax presents Exhibit P-21 to the witness. Atty. Colfax presents Exhibit P-123 to the witness and moves to admit into evidence. Court admits Exhibit P-123 into evidence. Plaintiff calls their 12th witness: Gail Anderson. Direct Examination: Gail Anderson. Court adjourns until 9:00 a.m. Plaintiff states may rest on Monday. Court states defendant should be aware to reserve on motions and be prepared to proceed. Atty. Johnson inquires of motion either written or verbally. Court addresses this with the court. (Court Reporter Lisa Tennyson) Time: 9:00 a.m. - 4:55 p.m. (jel, ) |
| Filing 224 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/23/2010. Appearances Made: Reed Colfax, Katherine Gillespie and Jamie Crook for the plaintiffs and Gregg Johnson and Mark Lemire for the defendants. Jury brought into the courtroom. Cross Examination: Allan Parnell. Atty. Johnson presents Exhibit P-18 to the witness. Atty. Johnson presents Exhibit P-238 to the witness. Atty. Johnson presents Exhibit P-261 to the witness. Atty. Johnson presents Exhibit P-262 to the witness. Atty. Johnson presents Exhibit D-99F to the witness and moves to admit into evidence. Atty. Colfax objects. Court inquires of defense counsel. Atty. Johnson explains to the court. Court admits Exhibit D-99F into evidence. Atty. Johnson presents Exhibit D-99E to the witness. Redirect Examination: Allan Parnell. Atty. Colfax presents Exhibit P-238 to the witness. Atty. Colfax moves to strike D-99F. Court denies the motion. Atty. Colfax presents Exhibit P-239 to the witness. Recross Examination: Allan Parnell. Plaintiffs call their 4th Witness: Michael Ingersoll. Direct Examination: Michael Ingersoll. Atty. Colfax presents Exhibit P-92 to the witness. Atty. Colfax presents Exhibit P-196 to the witness and moves to admit into evidence. Court admits Exhibit P-196 into evidence. Atty. Colfax presents Exhibit P-204 to the witness. Atty. Colfax presents Exhibit P-10 to the witness. Atty. Colfax presents Exhibit P-14 to the witness. Atty. Colfax presents Exhibit P-16 to the witness. Atty. Colfax presents Exhibit P-18 to the witness. Atty. Colfax presents Exhibit P-22 to the witness. Atty. Colfax presents Exhibit P-24 to the witness. Atty. Colfax presents Exhibit P-12 to the witness. Plaintiffs call their 5th witness: Dennis Brunelle. Direct Examination: Dennis Brunelle. Court addresses counsel. Atty. Gillespie presents Exhibit P-247 to the witness and moves to admit into evidence. Court admits Exhibit P-247 into evidence. Atty. Gillespie presents Exhibit P-171 to the witness and moves to admit into evidence. Atty. Lemire objects to foundation. Court sustains the objection. Court admits Exhibit P-171 into evidence. Atty. Gillespie presents Exhibit P-6 to the witness. Atty. Gillespie presents Exhibit P-38 to the witness. Atty. Gillespie presents Exhibits P-223 and P-225 to the witness and move to admit into evidence. Atty. Lemire objects as to relevance and foundation. Court sustains objection. Atty. Gillespie moves again. Court sustains objection. Court states foundation objection and court admits the documents subject to connection. Atty. Gillespie presents Exhibit P-34 to the witness. Atty. Gillespie presents Exhibit P-7 to the witness. Atty. Gillespie presents Exhibit P-105 to the witness. Court admits Exhibit P-105 into evidence. Atty. Gillespie presents Exhibit P-111 to the witness. Atty. Gillespie presents Exhibit P-12 to the witness. Atty. Gillespie presents Exhibit P-120 to the witness and moves to admit into evidence. Court admits Exhibit P-120 into evidence. Cross Examination: Dennis Brunelle. Atty. Lemire presents Exhibit D-25 to the witness and moves to admit into evidence. Court admits Exhibit D-25 into evidence. Atty. Lemire presents Exhibit P-6 to the witness. Redirect Examination: Dennis Brunelle. Plaintiffs call their 6th Witness: Bradley Birge. Direct Examination: Bradley Birge. Atty. Colfax presents Exhibit P-18 to the witness. Atty. Colfax presents Exhibit P-6 to the witness. Atty. Colfax presents Exhibit P-12 to the witness. Atty. Colfax presents Exhibit P-38 to the witness. Atty. Colfax presents Exhibit P-149 to the witness and moves to admit into evidence. Court admits Exhibit P-149 into evidence. Atty. Colfax presents Exhibit P-43 to the witness Atty. Colfax presents Exhibit P-181 to the witness. Court admits Exhibit P-181 into evidence. Atty. Colfax presents Exhibit P-232 to the witness. Court adjourns until 9:00 a.m. (Court Reporter Lisa Tennyson) Time: 9:00 a.m. - 5:00 p.m. (jel, ) |
| Filing 223 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/22/2010. Appearances Made: Reed Colfax, Katherine Gillespie and Jamie Crook, Esqs., for the plaintiffs and Gregg Johnson and Mark J. Lemire, Esqs., for the defendants. Jury brought into the courtroom. Court admits Exhibits P-1 through P-38, P-40 and P-41 into evidence. Direct Examination: Willard Anderson continues. Atty. Colfax presents Exhibit P-204 to the witness. Atty. Colfax presents Exhibit P-10 to the witness. Atty. Colfax presents Exhibit P-11 to the witness. Atty. Colfax presents Exhibit P-14 to the witness. Atty. Colfax presents Exhibit P-16 to the witness. Atty. Colfax presents Exhibit P-18 to the witness. Atty. Colfax presents Exhibit P-13 to the witness. Atty. Colfax presents Exhibit P-15 to the witness. Atty. Colfax presents Exhibit P-19 to the witness. Atty. Colfax presents Exhibit P-111 to the witness and moves to admit into evidence. Court admits Exhibit P-111 into evidence. Atty. Colfax presents Exhibit P-260 to the witness. Atty. Colfax presents Exhibit P-20 to the witness. Atty. Colfax presents Exhibit P-21 to the witness. Atty. Colfax presents Exhibit P-22 to the witness. Atty. Colfax presents Exhibit P-24 to the witness. Atty. Colfax presents Exhibit P-258 to the witness and moves to admit into evidence. Court admits Exhibit P-258 into evidence. Atty. Colfax presents Exhibits P-18 and P-26 to the witness. Atty. Colfax presents Exhibit P-260 to the witness. Atty. Colfax presents Exhibit P-19 to the witness. Atty. Colfax presents Exhibit P-27 to the witness. Atty. Colfax presents Exhibit P-126 to the witness and moves to admit into evidence. Court admits Exhibit P-126 into evidence. Atty. Colfax presents Exhibit P-124 and moves to admit into evidence. Atty. Johnson objects. Court sustains objection to lay foundation. Atty. Colfax moves to admit Exhibit P-124 into evidence. Court admits Exhibit P-124 into evidence. Atty. Colfax presents Exhibit P-127 to the witness and moves to admit into evidence. Court admits Exhibit P-127 into evidence. Atty. Colfax presents Exhibit P-136 to the witness and moves to admit into evidence. Court admits Exhibit P-136 into evidence. Atty. Colfax presents Exhibit P-31 to the witness. Atty. Colfax presents Exhibit P-108 to the witness and moves to admit pages 8, 11, 12 and 13 into evidence. Atty. Johnson objects. Court admits Exhibit P-108 pages 8, 11, 12 and 13 as to comments only into evidence. Atty. Johnson requests entire transcript. Court admits Exhibit P-108 into evidence. Atty. Colfax presents Exhibit P-272 to the witness and moves to admit into evidence. Atty. Johnson states same objection as to 108. Court admits Exhibit P-272 under same circumstances of Exhibit P-108. Atty. Colfax presents Exhibit P-122 to the witness and moves to admit into evidence. Atty. Johnson objects as previously stated. Court admits Exhibit P-122 as previously stated. Atty. Colfax presents Exhibit P-9 to the witness. Atty. Colfax presents Exhibit P-29 to the witness. Atty. Colfax presents Exhibit P-125 to the witness and moves to admit into evidence. Atty. Johnson objects. Court sustains objection. Atty. Colfax moves to admit Exhibit P-125 into evidence. Atty. Johnson continues objection. Court admits Exhibit P-125 into evidence. Atty. Colfax presents Exhibit P-141 to the witness and moves to admit into evidence. Court admits Exhibit P-141 into evidence. Cross Examination: Willard Anderson. Court discusses damage with the parties. Atty. Colfax addresses the issue with the court. Atty. Johnson presents Exhibit P-260 to the witness. Atty. Johnson presents Exhibits D-98E and D-98F to the witness and moves to admit into evidence. Atty. Colfax objects. Court admits Exhibits D-98E and D-98F into evidence. Atty. Johnson presents Exhibit D-17 to the witness and moves to admit into evidence. Court admits Exhibit D-17 into evidence. Atty. Johnson presents Exhibit P-5 to the witness. Atty. Johnson presents Exhibit P-204. Atty. Johnson presents Exhibit P-14 and 16 to the witness. Atty. Johnson presents Exhibit P-18 to the witness. Court addresses concern with plaintiff on testimony as to damages. Court will entertain a motion to strike the damages testimony. Atty. Colfax addresses that issue with court. Atty. Johnson responds. Court directs defense counsel to prepare limiting instruction for the court. Atty. Johnson presents Exhibit D-8 to the witness and moves to admit into evidence. Court admits Exhibit D-8 into evidence. Atty. Johnson presents Exhibit D-38 to the witness and moves to admit into evidence. Court admits Exhibit D-38 into evidence. Atty. Johnson presents Exhibit D-40 to the witness and moves to admit into evidence. Court admits Exhibit D-40 into evidence. Atty. Johnson offers Exhibits D-41, 42 on stipulation. Court admits Exhibits D-41 and D-42 into evidence. Atty. Johnson presents Exhibit D-44 to the witness and moves into evidence. Court admits Exhibit D-44 into evidence. Atty. Johnson presents Exhibit D-55 to the witness and moves to admit into evidence. Court admits Exhibit D-55 into evidence. Atty. Johnson presents Exhibit D-57 to the witness and moves to admit. Court admits Exhibit D-57 into evidence. Atty. Johnson presents Exhibit D-87 to the witness. Atty. Johnson presents Exhibit D-90 to the witness Redirect Examination: Willard Anderson. Atty. Colfax presents Exhibit P-119 to the witness and moves to admit into evidence. Court admits Exhibit P-119 into evidence. Atty. Colfax presents Exhibit D-55 to the witness. Atty. Colfax presents Exhibit D-57 to the witness. Atty. Colfax presents Exhibit P-34 to the witness. Atty. Colfax presents Exhibit P-29 to the witness. Recross Examination: Willard Anderson. Plaintiffs call their 3rd witness: Allan Parnell. Direct Examination: Allan Parnell. Atty. Colfax presents Exhibits P-238 and P-239 to the witness. Atty. Colfax moves to qualify the witness as an expert demographer. Atty. Colfax presents Exhibit P-6 to the witness. Atty. Colfax presents Exhibit P-261 to the witness and moves to admit into evidence. Atty. Colfax presents Exhibit P-262 to the witness. Atty. Colfax presents Exhibit P-85 to the witness and moves to admit into evidence. Court admits Exhibit P-85 into evidence. Atty. Colfax presents Exhibit P-265 to the witness and moves to admit into evidence. Court admits Exhibit P-265 into evidence. Atty. Johnson objections to P-261. Court admits Exhibit P-261 into evidence. Atty. Colfax moves to admit Exhibit P-262 into evidence. Atty. Johnson objects. Court admits Exhibit P-262 into evidence. Court adjourns until 9:00 a.m. (Court Reporter Lisa Tennyson) Time: 9:00 a.m. - 4:55 p.m. (jel, ) |
| Filing 222 Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Jury Trial held on 6/21/2010. Appearances Made: Jamie Crook, Katherine Gillespie and Reed Colfax, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Jury brought into courtroom. Court addresses jury. CRD calls the panel members into the jury box. Court begins voir dire. Plaintiffs voir dire. Defendants voir dire. Court inquires of challenges for cause. Court presents peremptory challenge form to counsel. Court gives limiting instruction. Plaintiffs Opening Statement. Defendants Opening Statement. Atty. Colfax offers by stipulation 1-41 into evidence. Atty. Johnson discusses this matter with the court. Plaintiff calls their 1st witness: Susan Anderson Tuohey. Direct Examination: Susan Anderson Tuohey. Atty. Gillespie presents Exhibit P-77 to the witness and moves to admit into evidence. Court admits Exhibit P-77 into evidence. Atty. Gillespie presents Exhibit P-34 to the witness and moves to admit into evidence (stipulated). Court admits Exhibit P-34 into evidence. Atty. Gillespie presents Exhibit P-68 to the witness and moves to admit into evidence. Court admits Exhibit P-68 into evidence. Atty. Gillespie presents Exhibit P-2 to the witness and moves to admit into evidence. Court admits Exhibit P-2 into evidence. Atty. Gillespie presents Exhibit P-5 to the witness and moves to admit into evidence. Court admits Exhibit P-5 into evidence. Cross Examination: Susan Anderson Tuohey. Atty. Lemire presents Exhibit P-68 to the witness. Atty. Lemire presents Exhibit P-77 to the witness. Atty. Lemire presents Exhibit P-34 to the witness. Redirect Examination: Susan Anderson Tuohey. Atty. Gillespie presents Exhibit P-77 to the witness. Atty. Gillespie presents Exhibit P-34 to the witness. Recross Examination: Susan Anderson Tuohey. Plaintiff calls 2nd Witness: Willard Anderson. Direct Examination: Willard Anderson. Atty. Colfax presents Exhibit P-92 and moves to admit into evidence. Court admits Exhibit P-92 into evidence. Atty. Colfax presents Exhibit P-204 to the witness and moves to admit into evidence. Atty. Johnson objects to the admission. Court admits Exhibit P-204 into evidence. Atty. Colfax presents Exhibit P-210 to the witness and moves to admit into evidence. Atty. Johnson objects. Court admits Exhibit P-210 to the witness. Atty. Colfax presents Exhibit P-38 to the witness and moves to admit into evidence. Atty. Johnson objects. Court admits Exhibit P-38 into evidence. Atty. Colfax presents Exhibit P-260 to the witness and moves to admit into evidence. Atty. Johnson objects. Court admits Exhibit P-260 into evidence. (Court Reporter Lisa Tennyson) Time: 9:30 a.m. - 5:05 p.m. (jel, ) |
| Filing 221 NOTICE by Gail Anderson, The Anderson Group, LLC of Filing of Depositions (Attachments: #1 Transcript of Deposition of John Behan, #2 Transcript of Deposition of Lewis Benton, #3 Transcript of Deposition of Bradley Birge (1), #4 Transcript of Deposition of Bradley Birge (2), #5 Transcript of Deposition of Geoffrey Bornemann (1), #6 Transcript of Deposition of Robert Bristol, #7 Transcript of Deposition of Thomas Curley, #8 Transcript of Deposition of Amy Durland, #9 Transcript of Deposition of Robert Israel, #10 Transcript of Deposition of Kenneth Klotz, #11 Transcript of Deposition of Michael Lenz, #12 Transcript of Deposition of Matthew McCabe, #13 Transcript of Deposition of Thomas McTygue, #14 Transcript of Deposition of William McTygue, #15 Transcript of Deposition of Bernard Mirling, #16 Transcript of Deposition of Nancy Ohlin, #17 Transcript of Deposition of Louis Schneider, #18 Transcript of Deposition of Stephen Towne, #19 Transcript of Deposition of Michael Welti, #20 Transcript of Deposition of Geoffrey Bornemann (2))(Colfax, Reed) |
| Text Only Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Final Pretrial Conference held on 6/21/2010. Appearances Made: Reed Colfax, Jamie Crook and Katherine Gillespie, Esqs., for the plaintiffs and Gregg Johnson and Mark Lemire, Esqs., for the defendants. Court discusses the jury selection process. Court rules on pending motions in limine. (Court Reporter Lisa Tennyson) Time: 8:00-9:00 a.m. (jel, ) |
| Filing 220 RESPONSE TO LETTER BRIEF filed by Gail Anderson, The Anderson Group, LLC as to #219 Letter Request/Motion,, filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton. (Colfax, Reed) |
| Filing 219 Letter Motion from Mark J. Lemire, Esq. for Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne requesting A conference to address certain pre-trial issues submitted to Judge Sharpe. (Attachments: #1 Exhibit(s) Ex A Ltr to Plaintiffs' counsel, #2 Exhibit(s) Ex B - Hill v National Railroad, #3 Exhibit(s) Ex C - Order Homer 5-28-10, #4 Exhibit(s) Ex D - Ltr to Court 05-24-10)(Lemire, Mark) |
| Filing 218 Exhibit List by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne.. (Johnson, Gregg) |
| Filing 217 Exhibit List by Gail Anderson, The Anderson Group, LLC.. (Colfax, Reed) |
| Filing 216 NOTICE by Gail Anderson, The Anderson Group, LLC re #183 Proposed Jury Instructions, Objections to Defendants' Requested Jury Instructions and Proposed Special Verdict Questionnaire (Colfax, Reed) |
| TEXT ONLY NOTICE of Hearing: Final Pretrial Conference has been reset for 6/21/2010 at 08:00 AM in Albany before Judge Gary L. Sharpe. Jury Trial has been reset for 6/21/2010 at 09:30 AM in Albany before Judge Gary L. Sharpe. (jel, ) |
| Filing 215 MOTION for Leave to File Motions In Limine filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) Attachment 1 to Exhibit A, #3 Exhibit(s) Attachment 2 to Exhibit A, #4 Exhibit(s) Attachment 3 to Exhibit A, #5 Exhibit(s) Attachment 4 to Exhibit A, #6 Exhibit(s) Attachment 5 to Exhibit A, #7 Exhibit(s) B, #8 Exhibit(s) Attachment 1 to Exhibit B) Motions referred to David R. Homer. (Colfax, Reed) |
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Filing 214
ORDER: IT IS HEREBY ORDERED that: (1) As to the supplemental report of plaintiffs' expert witness, Mr. Parnell: (a) the Court finds that the supplemental report contains a methodology and analysis regarding an odds ratio which was not contained in the witness's original report, that methodology and analysis are not based on any data which came into existence after the original report and, therefore, that portion of the supplemental report regarding the odds ratio is STRICKEN; and (b) plaintiffs' expert added ACS data in the supplemental report to which defendants object, but it appearing that such data and its reliability did not become fully available until after the service of the original expert report, the inclusion of such data and analysis thereof in the supplemental report is proper and defendants' request for an order striking that portion of the supplemental expert witness report of plaintiffs is DENIED; and (2) As to defendants' supplemental expert witness report of Mr. Salzberg: (a) it appearing to the Court that the findings and conclusions set forth in the supplemental report at sections III(1), (2), (3) and (5) were not contained in the original report, they are not based on any new data which came into existence after the original report, these analysis and conclusions were reasonably available at the time of the original report and, therefore, plaintiffs' request to strike the conclusions and findings at III(1), (2), (3) and (5) is GRANTED and those conclusions and findings are STRICKEN from defendants' supplemental expert witness report; (b) plaintiffs' motion to strike the testimony of Mr. Salzberg on the ground that he does not adopt the original expert witness report by Mr. Fairley is DENIED; and (c) it appearing that Table A in the supplemental report is not based on any new data which came into existence after the original expert witness report, plaintiffs' motion to strike that table from the supplemental report is GRANTED and Table A in the supplemental report is STRICKEN. Signed by Magistrate Judge David R. Homer on 5/28/2010. (sg )
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Filing 213
ORDER re #206 plaintiffs' motion, filed as LETTER BRIEF: IT IS HEREBY ORDERED: (1) Finding that documents number 1, 2 and 4-8 are protected by the attorney-client privilege, plaintiffs' motion for an order compelling defendants to produce such documents is DENIED; and (2) Finding that document number 9 falls outside of any claim of attorney-client privilege and finding that, in any event, the fact that defendants sent the document to plaintiffs a second time after the first production was returned by plaintiffs constituting in this case a voluntary waiver of any claim of attorney-client privilege, plaintiffs' motion for an order compelling defendants to produce this document is GRANTED and on or before June 5, 2010, defendants shall produce document number 9 to plaintiffs. Signed by Magistrate Judge David R. Homer on 5/28/2010. (sg )
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| Filing 212 RESPONSE TO LETTER BRIEF filed by Gail Anderson, The Anderson Group, LLC as to #207 RESPONSE TO LETTER BRIEF,,, filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton. (Colfax, Reed) |
| Filing 211 CERTIFICATE OF SERVICE by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne re #210 Notice (Other), Notice (Other) as to In Camera Submission (Johnson, Gregg) |
| Filing 210 NOTICE by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne of In Camera Submission (Johnson, Gregg) |
| Filing 209 LETTER BRIEF regarding privileged documents by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Metso Materials, #2 Employers Ins.)(Lemire, Mark) |
| Minute Entry for proceedings held re [205-207] before Magistrate Judge David R. Homer. A Discovery Conference was held on-the-record on 5/24/2010 with counsel for all parties. The parties were allowed to submit additional briefing regarding supplemental discovery. That material was reviewed by the court and two orders will enter. (lah, ) |
| Filing 208 LETTER BRIEF regarding privilege issues by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Exhibit(s) Ex 1 - May 20 2010 Ltr, #2 Exhibit(s) Ex 2 - Pls Priv Log)(Johnson, Gregg) |
| Filing 207 RESPONSE TO LETTER BRIEF filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne as to #205 Letter Request/Motion, filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Ex 1 - Parnell 2007 Report, #2 Exhibit(s) Ex 2 - Relevant portions of Pls MSJ Brief, #3 Exhibit(s) Ex 3 - Relevant portions of Defs Reply Brief, #4 Exhibit(s) Ex 4 - Pg 11 MSJ hearing transcript, #5 Exhibit(s) Ex 5- Parnell Supp Report, #6 Exhibit(s) Ex 6 - Parnell EBT, #7 Exhibit(s) Ex 7 - 3/22/10 Pl ltr to Court, #8 Exhibit(s) Ex 8 - 2006-08 ACS Data, #9 Exhibit(s) Ex 9 - 2003 ACS Data)(Lemire, Mark) |
| Filing 206 LETTER BRIEF re: Defendants' privilege log by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Privilege Log)(Colfax, Reed) |
| Filing 205 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting Telephone Conference submitted to Judge Homer. (Attachments: #1 Exhibit(s) Fairley/Salzberg Report, #2 Exhibit(s) Fairley 2007 Report, #3 Exhibit(s) Parnell Supp. Report, #4 Exhibit(s) Fairley Dep. Excerpts, #5 Exhibit(s) Salzberg Dep. Excerpts, #6 Exhibit(s) Parnell Dep. Excerpts)(Colfax, Reed) |
| TEXT NOTICE. A Telephone Discovery Conference will be held with Magistrate Judge David R. Homer on MAY 24, 2010 at 3:00 PM. The Court will initiate the conference call. (lah, ) |
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Filing 204
ORDER granting #203 Motion for Limited Admission Pro Hac Vice of Jamie L. Crook, Esq. for The Anderson Group, LLC and Gail Anderson. Signed by Magistrate Judge David R. Homer on 5/18/2010. (sg )
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TEXT ONLY ORDER - Final Pretrial Conference set for 6/21/2010 at 09:00 AM in Albany before Judge Gary L. Sharpe., Jury Trial set for 6/21/2010 at 11:00 AM in Albany before Judge Gary L. Sharpe. Parties are advised that if the preceding trial has not been completed by the final pretrial conference date, that proceeding will be adjourned until the preceding trial has been completed. Signed by Judge Gary L. Sharpe on 5/20/2010. (jel, )
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| Filing 203 MOTION for Limited Admission Pro Hac Vice of Jamie L. Crook Filing fee $30, receipt number 0206-1571726. filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Verified Petition for Admission, #2 Affidavit of Sponsor Peter Lynch, #3 Exhibit(s) ECF Registration Form, #4 Exhibit(s) Certificate of Good Standing) Motions referred to David R. Homer. (Colfax, Reed) (Additional attachment(s) added on 5/19/2010: #5 Proposed Order) (wbl, ). |
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Filing 202
ORDER granting #199 Motion for Limited Admission Pro Hac Vice of Katherine A. Gillespie for Gail Anderson and The Anderson Group, LLC. Signed by Magistrate Judge David R. Homer on 5/13/2010. (sg )
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Filing 201
7TH AMENDED TRIAL ORDER (Reflects change in order of cases for trial only). Signed by Judge Gary L. Sharpe on 5/12/2010. (jel, )
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Filing 200
6TH AMENDED TRIAL ORDER (Reflects change in jury trial term and case list order). Signed by Judge Gary L. Sharpe on 5/7/2010. (jel, )
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| Filing 199 MOTION for Limited Admission Pro Hac Vice of Katherine A. Gillespie Filing fee $30, receipt number 0206-1559215. filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Verified Petition for Admission, #2 Affidavit of Sponsor Peter Lynch, #3 Exhibit(s) ECF Registration Form, #4 Exhibit(s) Certificate of Good Standing) Motions referred to David R. Homer. (Colfax, Reed) (Additional attachment(s) added on 5/13/2010: #5 Proposed Order) (wbl, ). |
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Filing 198
ORDER re: #195 plaintiffs' Letter Request dated 4/20/2010 and a telephone conference held on the record on 4/22/2010. Signed by Magistrate Judge David R. Homer on 4/23/2010. (sg)
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Filing 197
5TH AMENDED TRIAL ORDER (Change in Order of Cases for trial only). Signed by Judge Gary L. Sharpe on 4/23/2010. (jel, )
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| Minute Entry for proceedings held re [195, 196] before Magistrate Judge David R. Homer. A Discovery Hearing was held on-the-record on 4/22/2010 with Reed Colfax for plaintiffs and Gregg Johnson for defendants. Plaintiffs' request for an order precluding certain suppplemental expert witness report/testimony was denied. A written order will be entered. (lah, ) |
| Filing 196 RESPONSE TO LETTER BRIEF filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne as to #195 Letter Request/Motion filed by Gail Anderson, The Anderson Group, LLC. (Lemire, Mark) |
| TEXT NOTICE re #195 Letter Motion from plaintiffs. A Telephone Discovery Conference will be held on-the-record on APRIL 22, 2010 at 11:30 AM. The court will initiate the conference call.(lah, ) |
| Filing 195 Letter Motion from Reed Colfax for Gail Anderson, The Anderson Group, LLC requesting Telephone Conference submitted to Judge Homer. (Colfax, Reed) |
| Filing 194 AFFIDAVIT in Opposition re #165 MOTION in Limine regarding Collateral Estoppel filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Colfax, Reed) |
| Filing 193 RESPONSE in Opposition re #165 MOTION in Limine regarding Collateral Estoppel filed by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 192 AFFIDAVIT in Opposition re #167 MOTION in Limine to Preclude Hearsay statement filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Colfax, Reed) |
| Filing 191 RESPONSE in Opposition re #167 MOTION in Limine to Preclude Hearsay statement filed by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 190 AFFIDAVIT in Opposition re #170 MOTION in Limine to Preclude Experts filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9)(Colfax, Reed) |
| Filing 189 RESPONSE in Opposition re #170 MOTION in Limine to Preclude Experts filed by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 188 RESPONSE in Opposition re #169 MOTION in Limine on Qualified Immunity filed by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 187 CERTIFICATE OF SERVICE by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne re #186 Response in Opposition to Motion,, (Lemire, Mark) |
| Filing 186 RESPONSE in Opposition re #177 MOTION in Limine Regarding "Minority Housing", #175 MOTION in Limine Regarding the 2005-2006 Article 78 Proceedings, #176 MOTION in Limine Regarding the Anderson Group's Residential Building Experience, #178 MOTION in Limine Regarding Re-Application for a Special Use Permit filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
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Filing 185
4TH AMENDED TRIAL ORDER (Change in Order of Cases for trial only). Signed by Judge Gary L. Sharpe on 4/13/2010. (jel, )
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| Filing 184 DEFENDANTS' PROPOSED SPECIAL VERDICT FORM by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (jel, ) |
| Filing 183 Defendants' Request to Charge by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (jel, ) |
| Filing 182 PROPOSED VERDICT FORM by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 181 Proposed Jury Instructions by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 180 Proposed Voir Dire by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 179 Witness List by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 178 MOTION in Limine Regarding Re-Application for a Special Use Permit filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6) (Colfax, Reed) |
| Filing 177 MOTION in Limine Regarding "Minority Housing" filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Colfax, Reed) |
| Filing 176 MOTION in Limine Regarding the Anderson Group's Residential Building Experience filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Colfax, Reed) |
| Filing 175 MOTION in Limine Regarding the 2005-2006 Article 78 Proceedings filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Colfax, Reed) |
| Filing 174 TRIAL BRIEF by Gail Anderson, The Anderson Group, LLC. (Colfax, Reed) |
| Filing 173 PRETRIAL STIPULATION by Gail Anderson, Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, The Anderson Group, LLC, Stephen Towne. (Colfax, Reed) |
| Filing 172 CERTIFICATE OF SERVICE by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne re #169 MOTION in Limine on Qualified Immunity, #167 MOTION in Limine to Preclude Hearsay statement, #162 Proposed Voir Dire, #171 Affidavit in Support of Motion,, #170 MOTION in Limine to Preclude Experts, #165 MOTION in Limine regarding Collateral Estoppel, #168 Affidavit in Support of Motion,, #164 Trial Brief, #166 Affidavit in Support of Motion,, #163 Witness List, (Lemire, Mark) |
| Filing 171 AFFIDAVIT in Support re #170 MOTION in Limine to Preclude Experts filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Exhibit(s) Ex A - Parnell Report, #2 Exhibit(s) Ex B - Parnell Supp Report, #3 Exhibit(s) Ex C - Raphael Report, #4 Exhibit(s) Ex D - Parnell Deposition)(Lemire, Mark) |
| Filing 170 MOTION in Limine to Preclude Experts filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
| Filing 169 MOTION in Limine on Qualified Immunity filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
| Filing 168 AFFIDAVIT in Support re #167 MOTION in Limine to Preclude Hearsay statement filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Exhibit(s) Ex A - Dep of Michael Ingersoll, #2 Exhibit(s) Ex B - Dec Nancy Goldberg, #3 Exhibit(s) Ex C - Aff Matt McCabe)(Lemire, Mark) |
| Filing 167 MOTION in Limine to Preclude Hearsay statement filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
| Filing 166 AFFIDAVIT in Support re #165 MOTION in Limine regarding Collateral Estoppel filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Exhibit(s) Ex A - 2004 Supreme Court Decision, #2 Exhibit(s) Ex B - 2005 Supreme Court Decision, #3 Exhibit(s) Ex C - Appellate Division Decision)(Lemire, Mark) |
| Filing 165 MOTION in Limine regarding Collateral Estoppel filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
| Filing 164 TRIAL BRIEF by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Attachments: #1 Supplement Unreported case - Quad Enterprises, #2 Supplement Unreported Case - Redd)(Lemire, Mark) |
| Filing 163 Witness List by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
| Filing 162 Proposed Voir Dire by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne. (Lemire, Mark) |
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Filing 161
3RD AMENDED TRIAL ORDER, ( Pretrial Submissions due by 4/12/2010). Signed by Judge Gary L. Sharpe on 4/12/2010. (jel, )
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Filing 160
2ND AMENDED TRIAL ORDER - Pretrial Submissions due by 4/12/2010. Signed by Judge Gary L. Sharpe on 4/6/2009. (jel, )
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Filing 159
LETTER/ORDER - The court has reviewed the defendants' #157 Letter requesting Modest adjournment of trial date and the plaintiffs' #158 opposition to this request. IT IS ORDERED, that the defendants' request is denied in all respects. Signed by Judge Gary L. Sharpe on 4/5/2010. (jel, )
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| Filing 158 RESPONSE TO LETTER BRIEF filed by The Anderson Group, LLC as to #157 Letter Request/Motion, filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton. (Colfax, Reed) |
| Filing 157 Letter Motion from Gregg T. Johnson, Esq. for Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne requesting Modest adjournment of trial date submitted to Judge Sharpe. (Johnson, Gregg) |
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Filing 156
ORDER : IT IS HEREBY ORDERED that: (1) on or before 4/1/2010 plaintiffs may serve a supplemental expert witness report from Dr. Parnell supplementing (a) information obtained from the United States Census Bureau including the American Community Survey (ACS) obtained since May 2007, and (b) current values from tax records for the 10-15 houses used in Dr. Parnell's report; (2) on or before 4/15/2010 defendants are granted leave to file a supplemental expert witness report from their expert; and (3) all parties are granted leave to take the depositions of any expert witness who serves a supplemental expert report in accordance with this Order concerning any such supplementation and any such deposition shall take place in Albany at dates, times and places to be arranged among the parties. Signed by Magistrate Judge David R. Homer on 3/26/2010. (sg )
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| Minute Entry for proceedings held re [154, 155] before Magistrate Judge David R. Homer. A Discovery Conference was held on-the-record on 3/25/2010 with Reed Colfax for plaintiff, and Gregg Johnson and Mark Lemire for defendants. Arguments were heard and both parties were granted leave to file and serve certain supplemental expert reports and leave was granted to take those expert depositions. A written order will enter. (lah, ) |
| Filing 155 RESPONSE TO LETTER BRIEF filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne as to #154 Letter Request/Motion filed by The Anderson Group, LLC. (Lemire, Mark) |
| TEXT NOTICE re #154 Letter Motion from Reed Colfax for The Anderson Group,LLC. A Telephone Discovery Conference will be held on-the-record with Magistrate Judge David R. Homer on MARCH 25, 2010 at 2:00 PM. The court will initiate the conference call. (lah, ) |
| Filing 154 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Telephone Conference submitted to Judge Homer. (Colfax, Reed) |
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Filing 153
AMENDED TRIAL ORDER. Pretrial submissions to be filed by 4/12/2010. Signed by Judge Gary L. Sharpe on 3/12/2010. (dpk)
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Filing 152
ORDER : IT IS HEREBY ORDERED, that 1) Plaintiff's request to conduct certain additional discovery in advance of trial #147 is GRANTED to the extent that on or before 3/12/2010 plaintiffs may serve the document demand described in their 2/24/2010 letter, but plaintiffs' request to serve additional interrogatories and conduct additional depositions is DENIED; and 2) Defendants' request to conduct additional discovery #148 is GRANTED to the extent that on or before 3/12/2010, defendants may serve document demands concerning (a) plaintiffs' efforts to mitigate their losses and (b) plaintiffs' economic losses, but defendants' request for leave to file an additional dispositive motion is DENIED. Signed by Magistrate Judge David R. Homer on 3/4/2010. Motions terminated: #147 Letter Motion (sg )
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| Minute Entry for proceedings held re [147-149] before Magistrate Judge David R. Homer. A Discovery Conference was held on-the-record on 3/4/2010 with Reed Colfax for the plaintiffs and Gregg Johnson for defendants. Both parties' requests were granted in part and denied in part. A written order will be entered. (lah, ) |
| Filing 151 CERTIFICATE OF SERVICE by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne re #150 Notice of Appearance, (Lemire, Mark) |
| Filing 150 NOTICE of Appearance by Mark J. Lemire on behalf of Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne (Lemire, Mark) |
| Filing 149 RESPONSE TO LETTER BRIEF filed by The Anderson Group, LLC as to #148 RESPONSE TO LETTER BRIEF, filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton. (Colfax, Reed) |
| Filing 148 RESPONSE TO LETTER BRIEF filed by Lewis Benton, Robert Bristol, City of Saratoga Springs, Thomas Curley, Robert Israel, Michael Lenz, Matthew McCabe, Thomas McTygue, William McTygue, Nancy Ohlin, Saratoga Springs City Council, Saratoga Springs Planning Board, Lou Schneider, Stephen Towne as to #147 Letter Request/Motion filed by The Anderson Group, LLC. (Johnson, Gregg) |
| TEXT NOTICE re #147 Letter Motion from Reed Colfax for The Anderson Group, LLC. A Telephone Conference will be held with Magistrate Judge David R. Homer on MARCH 4, 2010 at 9:30 AM regarding plaintiff's request for a limited re-opening of discovery. Chambers will initiate the conference call. (lah, ) |
| Filing 147 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Telephone Conference submitted to Judge Homer. (Colfax, Reed) |
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Filing 146
TRIAL ORDER: ( Pretrial Submissions due by 4/12/2010). Signed by Judge Gary L. Sharpe on 1/8/2010. (sg )
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| TEXT ONLY NOTICE, the motion filing deadline expired on June 22, 2007. The case is now deemed trial ready. The case has been moved to the trial ready list. A trial order will be issued in due time setting a deadline for filing of pretrial submissions, a final pretrial conference and a trial date. (jel, ) |
| Filing 145 MANDATE of USCA, issued 8/26/09, dismissing in part defts' #120 Appeal, and affirming in part the order of the district court.(cbm ) |
| Set Deadlines/Hearings: Case Review Deadline 6/12/2009. (jel, ) |
| Filing 144 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #143 Notice of Change of Address (Johnson, Gregg) |
| Filing 143 NOTICE of Change of Address by Gregg T. Johnson Effective Date January 9, 2009 Old Address: Girvin & Ferlazzo, PC, 20 Corporate Woods Blvd, Albany, NY 12211 New Address: Lemire Johnson, LLC, 2534 Rte 9, PO Box 2485, Malta, NY 12020 (Johnson, Gregg) |
| Set Deadlines/Hearings: Case Review Deadline 2/20/2009. (jel, ) |
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Filing 142
LETTER REQUEST dated September 17, 2008 by Reed N. Colfax, Esq. and ORDER granting #141 Letter requesting the withdrawal of Mary J. Hahn. Signed by Judge Gary L. Sharpe on 9/18/2008. (jel, )
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| Filing 141 Letter Motion from Reed N. Colfax for The Anderson Group, LLC, Gail Anderson requesting the withdrawal of Mary J. Hahn submitted to Judge Gary L. Sharpe. (Colfax, Reed) |
| Filing 140 MANDATE of USCA as to #136 Notice of Appeal filed by Robert Israel, Lou Schneider, William McTygue, Robert Bristol, Lewis Benton, Nancy Ohlin. Petitioners, through counsel, petition the Court for permission to appeal the district court's October 18, 2007 order denying their motion for summary judgment. Petitioners also move to consolidate this case. Petition is DENIED because the Petitioners have not shown that the resolution of the proposed question for certification would terminate the litigation. The motion to consolidate is DENIED as moot. (dmf) |
| USCA Case Number is 08-2689-mv for #136 Notice of Appeal filed by Robert Israel, Lou Schneider, William McTygue, Robert Bristol, Lewis Benton, Nancy Ohlin. (cbm ) |
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Filing 139
MEMORANDUM-DECISION and ORDER, that defendants' #119 Motion for Certificate of Appealability pursuant to 1292(b) is GRANTED as to their questions relating to plaintiffs' disparate impact claims; that the court's October 18, 2007 order is amended accordingly; that defendants shall have ten (10) days from the entry of this Memorandum-Decision and Order to apply to the Second Circuit for leave to proceed with the appeal; that the proceedings in the district court are stayed. Signed by Judge Gary L. Sharpe on 5/13/2008. (jel, )
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| Filing 138 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re #136 Notice of Appeal. (dpk) |
| Filing 137 ELECTRONIC NOTICE sent to US Court of Appeals re #136 Notice of Amended Appeal (dpk) |
| Filing 136 AMENDED NOTICE OF APPEAL by Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin and Lou Schneider. (Attachments: #1 Cover Letter)(dpk) |
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Filing 135
MEMORANDUM-DECISION and ORDER, that the defendants' motion for reconsideration (Dkt. Nos. 118, 126) is GRANTED; that the claims against defendants Michael Lenz, Thomas Curley, Matthew McCabe, Thomas McTygue and Stephen Towne in their individual capacities are DISMISSED in their entirety; that the claims against defendants Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, and Lou Schneider in their individual capacities are DISMISSED only to the extent that they arise out of their participation in the downzoning of the SWAD; that the claims against defendants Lewis Benton, Robert Bristo, Robert Israel, William McTygue, Nancy Ohlin and Lou Schneider in their individual capeacities survive to the extent that such claims are based on the administrative treatment of the plaintiffs' special use permit application; that the court's October 18, 2007 Order is otherwise affirmed. Signed by Judge Gary L. Sharpe on 3/24/2008. (jel, )
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TEXT ONLY ORDER - Defendants' #131 motion requesting that the court stay its ruling on the pending motions for reconsideration and a certificate of interlocutory appeal is DENIED, as all parties agree that the court retains jurisdiction to decide such motions. Issued by Judge Gary L. Sharpe on 2/27/2008. (jel, )
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| Filing 134 MEMORANDUM OF LAW Regarding Jurisdictional Issue filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Supplement Tamayo v. City of New York, #2 Supplement Certificate of Service)(Quesnel, Scott) |
| Filing 133 MEMORANDUM OF LAW On the District Court's Jurisdiction to Decide Defendants' Motion for Reconsideration and Motion for Certification filed by The Anderson Group, LLC, Gail Anderson. (Colfax, Reed) |
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TEXT ONLY ORDER- The court is in receipt of defendants February 12, 2008 letter motion, requesting that the court abstain from making any ruling on defendants pending motions (Dkt. Nos. 118, 119.). The court notes that the motion for reconsideration/certificate of interlocutory appeal was filed prior to the defendants appeal regarding qualified immunity. As such, the parties are instructed to submit briefing within seven (7) days of the filing of this order, on the issue of this courts jurisdiction to decide the defendants motion for reconsideration and motion for a certificate of interlocutory appeal. Such briefs shall not exceed three (3) pages in length. Issued by Judge Gary L. Sharpe on 2/13/2008. (jel, )
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| Filing 132 STATUS REPORT Clarifying Previous Correspondence submitted to the Court by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Johnson, Gregg) |
| Filing 131 Letter Motion from Gregg T. Johnson, Esq. for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting stay of ruling on Defendants' pending motions submitted to Judge Gary L. Sharpe. (Attachments: #1 Appendix Certificate of Service)(Johnson, Gregg) |
| Filing 130 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re #120 Notice of Appeal. (ban) |
| Filing 129 USCA Scheduling Order as to #120 Notice of Appeal filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton. USCA Case No. 07-5311-cv. Appealed to: 2nd Circuit Court of Appeals.Appeal Record due by 2/19/2008. (lmp) |
| Filing 128 RECORD of Proceedings: motion hrg - oral argt and decision held on 10/18/07 before Judge Gary L. Sharpe, Court Reporter: Bonnie Buckley. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Redact with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Notice of Intent to Redact due by 1/24/2008,Transcript due by 4/15/2008. (bjb, ) |
| Filing 127 RESPONSE in Opposition re #118 MOTION for Reconsideration re Order,, on Legislative Immunity filed by The Anderson Group, LLC, Gail Anderson. (Colfax, Reed) |
| USCA Case Number is 07-5311-cv for defts' #120 Notice of Appeal. (cbm, ) |
| Filing 126 MEMORANDUM OF LAW re #118 Motion for Reconsideration,,, on legislative immunity issue filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Appendix Certificate of Service)(Quesnel, Scott) |
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TEXT ONLY ORDER - Upon review of the parties' submissions in connection with Defendants' motion for reconsideration, it is not apparant whether Defendants are seeking to have the court revisit its denial of legislative immunity, as such issue is raised only in a footnote in Defendants' brief. If reconsideration of the court's ruling on legislative immunity is sought, Defendants shall serve and file a brief on the issue not exceeding six (6) pages within ten (10) days of the filing of this order. Plaintiffs' response shall not exceed six (6) pages and shall be filed and served within (10) days of receipt of the Defendants' brief. No reply will be permitted. If the Defendants elect not to submit briefing on the issue, the court's decision on the motion for reconsideration will reiterate its reasons for denying legislative immunity, for sake of clarity. Issued by Judge Gary L. Sharpe on 12/12/2007. (jel, )
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| Filing 125 REPLY to Response to Motion re #119 MOTION for Certificate of Appealability filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Appendix Certificate of Service)(Johnson, Gregg) |
| Filing 124 REPLY to Response to Motion re #118 MOTION for Reconsideration re Order,, filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Affidavit Affidavit of Scott Quesnel#2 Exhibit(s) Exhibit C Summaries of Evidence Against Defendants#3 Appendix Certificate of Service)(Johnson, Gregg) |
| TEXT ONLY NOTICE of Hearing on Motion #119 MOTION for Certificate of Appealability, #118 MOTION for Reconsideration re Order : Motion Hearing has been reset for 1/17/2008 at 09:00 AM in Albany before Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed.(jel, ) |
| Filing 123 RESPONSE in Opposition re #119 MOTION for Certificate of Appealability filed by The Anderson Group, LLC, Gail Anderson. (Attachments: #1 Declaration of Mary Hahn#2 Exhibit(s) Oral Argument Transcript#3 Supplement Westlaw Case#4 Supplement Westlaw Case#5 Supplement Westlaw Case#6 Supplement Westlaw Case#7 Supplement Westlaw Case)(Colfax, Reed) |
| Filing 122 RESPONSE in Opposition re #118 MOTION for Reconsideration re Order,, filed by The Anderson Group, LLC, Gail Anderson. (Attachments: #1 Affidavit Affidavit of Mary Hahn#2 Exhibit(s) Oral Argument Transcript#3 Exhibit(s) William Fairley Deposition Transcript#4 Supplement Westlaw Case)(Colfax, Reed) |
| Filing 121 ELECTRONIC NOTICE sent to US Court of Appeals re defts' #120 Notice of Appeal. (cbm, ) |
| Filing 120 NOTICE OF APPEAL as to 10/18/07 text Order, which denies Defendants Qualified and/or legislative immunity by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. Filing fee $ 455, receipt number 893531. (Attachments: #1 Supplement Text Order Appealed from; #2 Transcript of proceedings October 18, 2007)(Quesnel, Scott) |
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TEXT ONLY ORDER - To the extent that the Court's #117 Letter/Order denied the motion for certification pursuant to 28 U.S.C. 1292(b) prior to receiving defendants' brief, it was entered in error and should be disregarded. Issued by Judge Gary L. Sharpe on 11/13/2007. (jel, )
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| Filing 119 MOTION for Certificate of Appealability Motion Hearing set for 12/20/2007 09:00 AM in Albany before Judge Gary L. Sharpe. by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Affirmation Affidavit of Scott P. Quesnel#2 Exhibit(s) Exhibit A Relevant portions of Transcript from hearing#3 Memorandum of Law #4 Supplement Westlaw Case#5 Supplement Certificate of Service) (Quesnel, Scott) |
| Filing 118 MOTION for Reconsideration of 10/18/07 text Order, Motion Hearing set for 12/20/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 12/3/2007,Reply to Response to Motion due by 12/10/2007. by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Affidavit Affidavit of Scott P. Quesnel#2 Exhibit(s) Exhibit A - Hearing transcript#3 Exhibit(s) Exhibit B - Illustrative portions of parties Statements of Material Fact#4 Memorandum of Law Memo of Law#5 Supplement Certificate of Service) (Quesnel, Scott) Modified on 11/27/2007: not referred to magistrate judge (cbm, ). |
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Filing 117
LETTER/ORDER, that the defendants' #115 Letter Request to further supplement the motion for reconsideration on or before November 8, 2007 is GRANTED; the request for certification pursuant to 28 U.S.C. 1292(b) is DENIED. Signed by Judge Gary L. Sharpe on 11/1/2007. (jel, ) Additional attachment(s) added on 11/9/2007 (jel, ).
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| Filing 116 NOTICE by The Anderson Group, LLC Request for Transcript (Attachments: #1 Transcript Request Form)(Hahn, Mary) |
| Filing 115 Letter Motion from Gregg T. Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting motion for reconsideration and/or certification submitted to Judge Sharpe. (Johnson, Gregg) |
| Filing 114 Letter Motion from Gregg T. Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Additional time for limited motion practice submitted to Judge Sharpe. (Johnson, Gregg) |
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TEXT ONLY ORDER - The defendants are directed to timely file their motion by letter, within the time as permitted by the Local Rules of this District and the Fed. R. Civ. Pr., and include in the motion their request for permission to supplement the motion, upon receipt of the transcript, until November 8, 2007. Issued by Judge Gary L. Sharpe on 10/26/2007. (jel, )
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| Filing 113 Letter Motion from Gregg T. Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Extension of time to file motion for reconsideration/reargument submitted to Judge Sharpe. (Johnson, Gregg) |
| TEXT ONLY NOTICE, the motion filing deadline expired on June 22, 2007. The case is now deemed trial ready. The case has been moved to the trial ready list. A trial order will be issued in due time setting a deadline for filing of pretrial submissions, a final pretrial conference and a trial date. (jel, ) |
| Filing 112 TRANSCRIPT REQUEST by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley for proceedings held on 10/18/2007 before Judge Sharpe.. (Johnson, Gregg) |
| Filing 111 COURT EXHIBIT 1 Standard of Review - Summary Judgment. (jel, ) |
| Filing 110 Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 10/18/2007 re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims filed by Gail Anderson, The Anderson Group, LLC, #95 MOTION to Strike Portions of Affidavits and Statement of Material Facts filed by Gail Anderson, The Anderson Group, LLC, #72 MOTION for Summary Judgment filed by Robert Israel, Thomas McTygue, City of Saratoga Springs, Thomas Curley, Lou Schneider, William McTygue, Saratoga Springs City Council, Nancy Ohlin, Michael Lenz, Matthew McCabe, Saratoga Springs Planning Board, Robert Bristol, Stephen Towne, Lewis Benton; Attorney Appearances Made: Reed Colfax and Mary Hahn, Esqs., for the plaitniff and Gregg Johnson and Scott Quesnel, Esqs., for the defendants; Court states court exhibit 1 (Standard of Review) has been supplied to counsel; Court turns to the procedural history and the facts of the case. Court states the pending motions before the court. Court discusses the motion to strike by plaintiff. Court turns to issue of standing since it is jurisdictional; Court DENIES Motion for Summary Judgment as to the Standing of The Anderson Group. Court inquires of plaintiff stating real issue is Fair Housing Act; argument that Federal Court should extend New York Law. Atty. Colfax stating other case decisions; insuring equal opportunity for fair housing. Court states presume Fair Housing claims survive why care of State Human Rights law. Atty. Colfax states as a matter of right; bring case under states human rights law; reinforce the policy. Court states anything different in trial between Fair Housing claim and States Human Rights Law. Atty. Colfax states depends; possible convolution. Atty. Johnson states ignores plain language of statute; renders this court inappropriate to extend New York Law before this court. Court states GRANTS the motion for summary judgment and DISMISSES the States Human Rights claims for the reasons articulated by the defendant. Atty. Johnson discusses the continuing violation; frames action of clients; discusses May 20, 2003 initiative. Plaintiff need to show disparate treatment. Court discusses the actions and discusses the statute of limitations. Court sets legislative and qualified immunity aside. Court turns to remaining two issues. Disparate treatment and impact claim; Atty. Colfax states elements on the disparate treatment; Court discusses mentions regarding the 3rd element. Atty. Colfax discusses this issue; discusses disparate impact claim; adverse impact by policy or decision by defendant. Atty Johnson states has burden of production not burden of proof; plaintiff has to establish discriminatory intent; must have awareness; discusses causal connection; discusses predictability. Court states given opportunity to put out the legal issues. Atty. Colfax discusses prima facie under McDonald-Douglas; draw inference. Court states burden of proof doesnt shift; production does; whether dispute of fact critical to decision that the jury has to decide and not the court on summary judgment; remove from equation the facts that plaintiff takes hombrage in motion to strike; look at remaining record to see if disputed facts; each component of FHA and legislative immunity and see if disputed facts remain for a jury. Plaintiff states motion for summary judgment only goes to disparate impact claim; challenge is to overall policy of construction of affordable housing; plaintiff requesting to remove an obstacle and not requesting the defendant to construct affordable housing; discusses perpetuation of segregation; Atty. Johnson discusses generalized claim of land use initiatives; discusses disparate impact; discusses predictability; discusses statistical analysis; Court inquires if the analysis is admissible. Atty. Johnson states it is admissible. Court turns to additional motion for the 1st claim. Atty. Johnson discusses disparate treatment claim; discusses individual defendants; Court if defendant concedes of statements made at meetings that improper things may have been said. Atty. Johnson states concedes that the public can appear and made statements on the public floor; discusses presentation to HUD; never mention or awareness of race; discusses only economic; Court turns to legislative and qualified immunity; discusses standards to be applied; pure question of undisputed facts on the record to permit the court to say the state of affairs time of decision made; problem with focus of papers on material facts as to individual legislatures. Atty. Johnson states during the motion to dismiss plaintiff requested to wait until the review of discovery as to the individual defendants acted outside their scope. Atty. Colfax discusses the disparate impact claim; key aspect is the land use policy; Court asks generically facts that plaintiff points to that there is an evidentiary issue; discusses legal issue; nature of disputed facts. Atty. Colfax discusses qualified immunity issue; individual defendants had fair warning; heart of disparate treatment claim is the defendants intent; discusses analysis as to the legislative immunity; discusses administrative acts; Court inquires if Saratoga Springs is the proper party. Atty. Colfax discusses issue with the court; an appropriate defendant under FHA; Atty. Johnson states the numbers in the statement of material facts; discusses the Excelsior Park; Court discusses the federal claims and record of arguments; why question of material fact for the jury to decide; that the motions for summary judgments are DENIED; discusses individual claims; discusses legislative and qualified immunity claims; denying motions on legislative and qualified immunity grounds; need to hear facts from the jury to make that decision; same analysis that governs motions on the FHA claims; belong to jury and not to the court; facts survive as seek in the motion to strike; unnecessary to address the motion to strike therefore it is denied as moot. Court will issue a summary order to be clear on the docket. (Court Reporter Bonnie Buckley) Time: 9:40-11:30 a.m. (jel, ) |
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Text Order Only - For the reasons set forth in the hearing of October 18, 2007, the Defendants motion for summary judgment: 1) against The Anderson Group for lack of standing is DENIED, 2) on Plaintiffs disparate impact and discriminatory treatment claims under the FHA is DENIED, 3) seeking dismissal of the claims against the individual Defendants on grounds of legislative and qualified immunity is DENIED with leave to renew, 4) seeking dismissal of the Plaintiffs HRL claim is GRANTED. Plaintiffs motion for summary judgment on its disparate impact claim under the FHA is DENIED. Plaintiffs motion to strike is DENIED as moot. Issued by Judge Gary L. Sharpe on 10/18/2007. (jel, )
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| CONFIRMATION TEXT ONLY NOTICE of Hearing on Motion #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims, #95 MOTION to Strike Portions of Affidavits and Statement of Material Facts, #72 MOTION for Summary Judgment : Motion Hearing set for 10/18/2007 at 09:00 AM in Albany before Judge Gary L. Sharpe with oral argument required. (jel, ) |
| TEXT ONLY NOTICE of Hearing on Motion #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims, #95 MOTION to Strike Portions of Affidavits and Statement of Material Facts, #72 MOTION for Summary Judgment : Due to a conflict in the court's calendar, the Motion Hearing has been reset for 10/18/2007 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, ) |
| Filing 109 REPLY to Response to Motion re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims, #72 MOTION for Summary Judgment filed by The Anderson Group, LLC. (Attachments: #1 Affidavit Declaration of Mary Hahn#2 Affidavit Declaration of Nicholas Cain#3 Exhibit(s) Exhibit 107 - J. Behan Dep#4 Exhibit(s) Exhibit 108 - B. Birge Dep#5 Exhibit(s) Exhibit 109 - NYS Court Order#6 Exhibit(s) Exhibit 110 - FHEO Annual Reviews#7 Exhibit(s) Exhibit 111 - PB Resolution#8 Exhibit(s) Exhibit 112 Part 1 - 2005 Action Plan#9 Exhibit(s) Exhibit 112 Part 2#10 Exhibit(s) Exhibit 113 - Article 78 Petition#11 Exhibit(s) Exhibit 114 - S. Towne Dep#12 Exhibit(s) Exhibit 115 - J. Viggiani Email)(Colfax, Reed) |
| Filing 108 RESPONSE in Opposition re #95 MOTION to Strike Portions of Affidavits and Statement of Material Facts filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Affidavit Affidavit of Gregg T. Johnson#2 Exhibit(s) Exhibit A Trans of Def Michael Lenz#3 Exhibit(s) Ex B Trans of Def Stephen Towne#4 Exhibit(s) Ex C Trans of Def Thomas Curley#5 Exhibit(s) Ex D Trans of Def Nancy Ohlin#6 Exhibit(s) Ex E Trans of Non Party Geoff Bornemann#7 Exhibit(s) Ex F Trans of Non Party Bradley Birge#8 Exhibit(s) Ex G Trans of Def Lewis Benton#9 Exhibit(s) Ex H Pls Rule 26 disclosures#10 Supplement Westlaw Case Eckert#11 Supplement Westlaw Case Madison#12 Supplement Certificate of Service)(Johnson, Gregg) |
| Filing 107 EXHIBIT BBBB-1 and EXHIBIT BBBB-2 (Two DVD's) to Defendants' reply filed on August 22, 2007. (jel, ) Modified on 8/30/2007 (jel, ). |
| Filing 106 AFFIDAVIT in Support re #72 MOTION for Summary Judgment filed per Order of the Court dated August 28, 2007 filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Johnson, Gregg) |
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Filing 105
LETTER/ORDER granting defendants' #102 Letter requesting permission to file Defendant William McTygue's affidavit out of time. Signed by Judge Gary L. Sharpe on 8/28/2007. (jel, )
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Filing 104
LETTER/ORDER granting plaintiffs' #101 letter requesting to file a response on or before September 12, 2007 and not to EXCEED (10)ten pages in length. Reply to Response to Motion due by 9/12/2007. Signed by Judge Gary L. Sharpe on 8/28/2007. (jel, )
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| Filing 103 Letter Motion from Gregg Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting That the Court deny Plaintiffs' request for a Reply Brief submitted to Judge Sharpe. (Johnson, Gregg) |
| Filing 102 Letter Motion from Gregg T. Johnson, Esq. for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Permission to File Defendant Affidavit Out of Time submitted to Judge Sharpe. (Johnson, Gregg) |
| Filing 101 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Leave to File Response to Defendants' August 22, 2007 Opposition and Reply submitted to Judge Sharpe. (Colfax, Reed) |
| Filing 100 REPLY to Response to Motion re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims Response to Pls' Stm. of Material Facts filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Quesnel, Scott) |
| Filing 99 REPLY to Response to Motion re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims, #72 MOTION for Summary Judgment filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Exhibit(s) Exhibit SSS Part 1#2 Exhibit(s) Exhibit SSS Part 2#3 Exhibit(s) Exhibit SSS Part 3#4 Exhibit(s) Exhibit SSS Part 4#5 Supplement Luckett v. Town of Benatonia#6 Supplement Certificate of Service)(Quesnel, Scott) |
| Filing 98 REPLY to Response to Motion re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims, #72 MOTION for Summary Judgment filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Exhibit(s) Exhibit EEE#2 Exhibit(s) Exhibit EEEE#3 Exhibit(s) Exhibit FFF#4 Exhibit(s) Exhibit FFFF#5 Exhibit(s) Exhibit GGG#6 Exhibit(s) Exhibit GGGG#7 Exhibit(s) Exhibit HHH#8 Exhibit(s) Exhibit HHHH#9 Exhibit(s) Exhibit III#10 Exhibit(s) Exhibit IIII#11 Exhibit(s) Exhibit JJJ#12 Exhibit(s) Exhibit JJJJ#13 Exhibit(s) Exhibit KKK#14 Exhibit(s) Exhibit LLL#15 Exhibit(s) Exhibit MMM#16 Exhibit(s) Exhibit NNN#17 Exhibit(s) Exhibit OOO#18 Exhibit(s) Exhibit PPP#19 Exhibit(s) Exhibit QQQ#20 Exhibit(s) Exhibit RRR#21 Exhibit(s) Exhibit SS#22 Exhibit(s) Exhibit TT#23 Exhibit(s) Exhibit UU#24 Exhibit(s) Exhibit UUU#25 Exhibit(s) Exhibit VV#26 Exhibit(s) Exhibit VVV#27 Exhibit(s) Exhibit WW#28 Exhibit(s) Exhibit WWW#29 Exhibit(s) Exhibit XX#30 Exhibit(s) Exhibit XXX#31 Exhibit(s) Exhibit YY#32 Exhibit(s) Exhibit YYY#33 Exhibit(s) Exhibit ZZ#34 Exhibit(s) Exhibit ZZZ#35 Memorandum of Law Memo of Law)(Quesnel, Scott) |
| Filing 97 REPLY to Response to Motion re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Exhibit(s) Exhibit DDDD Part 2#2 Exhibit(s) Exhibit DDDD Part 3#3 Exhibit(s) Exhibit DDDD Part 4#4 Exhibit(s) Exhibit DDDD Part 5#5 Exhibit(s) Exhibit DDDD Part 6#6 Exhibit(s) Exhibit DDDD Part 7#7 Exhibit(s) Exhibit DDDD Part 8#8 Affidavit Affidavit of Matthew McCabe#9 Declaration Declaration of John Behan#10 Declaration Declaration of Jean Martin Friday#11 Declaration Declaration of Nancy Goldberg#12 Declaration Declaration of John Goldberg#13 Declaration Declaration of Debora Kwazneski)(Quesnel, Scott) |
| Filing 96 REPLY to Response to Motion re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Exhibit(s) Exhibit AAA - Part 2#2 Exhibit(s) Exhibit AAAA#3 Exhibit(s) Exhibit BBB - Part 1#4 Exhibit(s) Exhibit BBB Part 2#5 Exhibit(s) Exhibit BBBB#6 Exhibit(s) Exhibit DDD Part 1#7 Exhibit(s) Exhibit DDD Part 2#8 Exhibit(s) Exhibit DDD Part 3#9 Exhibit(s) Exhibit DDD Part 4)(Quesnel, Scott) |
| Motions No Longer Referred: #95 MOTION to Strike Portions of Affidavits and Statement of Material Facts (tab) |
| Filing 95 MOTION to Strike Portions of Affidavits and Statement of Material Facts Motion Hearing set for 9/20/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 9/4/2007,Reply to Response to Motion due by 9/10/2007. by The Anderson Group, LLC, Gail Anderson. (Attachments: #1 Affidavit of Mary Hahn#2 Exhibit(s) 1#3 Exhibit(s) 2#4 Exhibit(s) 3#5 Exhibit(s) 4#6 Exhibit(s) 5#7 Exhibit(s) 6#8 Exhibit(s) 7#9 Exhibit(s) 8#10 Exhibit(s) 9#11 Exhibit(s) 10#12 Exhibit(s) 11#13 Exhibit(s) 12#14 Exhibit(s) 13#15 Exhibit(s) 14#16 Exhibit(s) 15#17 Exhibit(s) 16#18 Exhibit(s) 17#19 Exhibit(s) 18#20 Exhibit(s) 19#21 Exhibit(s) 20#22 Exhibit(s) 21#23 Exhibit(s) 22#24 Memorandum of Law #25 Proposed Order/Judgment) Motions referred to David R. Homer. (Colfax, Reed) |
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Filing 94
LETTER REQUEST dated July 19, 2007 by Gregg T. Johnson, Esq., and ORDER that the defendant is to serve and file a reply and opposition to plaintiffs opposition and cross-motion, with a memorandum of law not to EXCEED (45) forty-five pages in length on or before August 22, 2007. Pursuant to Local Rule 7.1(c), the cross-moving party may not reply in further support of its cross-motion without the courts prior permission. Upon receipt of the defendants submissions, the court will revisit this issue at that time. The motion hearing scheduled for August 2, 2007 at 9:00 a.m. is adjourned. Once all motion papers have been received by the court, notice will be sent to the parties advising of the new motion return date. Combined Reply to Response to Motion and opposition to the cross-motion is due by 8/22/2007. Signed by Judge Gary L. Sharpe on 7/24/2007. (jel, )
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| Filing 93 Letter Motion from Gregg Johnson, Esq. for Matthew McCabe, Thomas McTygue, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Revised Motion Briefing Schedule submitted to Judge Sharpe. (Johnson, Gregg) |
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Filing 92
Order, the court is in receipt of the plaintiff's request to file an oversized brief. (Dkt. No. 79). Defendants have opposed this request. (Dkt. No. 80) The court notes the defendants' objections, however, orders that the plaintiff's request is GRANTED. The brief is not to exceed (70) seventy pages in length. Signed by Judge Gary L. Sharpe on 7/189/2007. (jel, )
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| Filing 91 Exhibit List as Continuation of Exhibits Attached to Affidavit of Mary Hahn (Doc. 84) - Supplemental Discussion of EAF - Rezoning SWAD by The Anderson Group, LLC.. (Attachments: #1 Exhibit(s) Deposition of Nancy Ohlin#2 Exhibit(s) The Anderson Group HUD Complaint - 1/18/05#3 Exhibit(s) The Anderson Group HUD Complaint - 1/26/05#4 Exhibit(s) WHP Minutes - 1/24/05#5 Exhibit(s) Bornemann Emails to J. Viggiani - 1/28/05#6 Exhibit(s) Lynch ltr to Bristol - 11/10/04#7 Exhibit(s) CMI Calendar Entries#8 Exhibit(s) Article 78 Petition - 3/1/05#9 Exhibit(s) Memorandum and Order - 3/16/06#10 Exhibit(s) M. Franke Email - 3/29/06)(Colfax, Reed) |
| Filing 90 Exhibit List as Continuation of Exhibits Attached to Affidavit of Mary Hahn (Doc. 84) - G. Anderson Email to Council re HUD Complaint by The Anderson Group, LLC.. (Attachments: #1 Exhibit(s) Deed to Anderson Property#2 Exhibit(s) Summary of Completed Residential Developments#3 Exhibit(s) WSNA Letter to Towne - 3/19/05#4 Exhibit(s) G. Bornemann Email to Towne - 12/20/04#5 Exhibit(s) M. Franke Email to IZO Comm. - 3/24/06#6 Exhibit(s) IZOD Comm. Memo. - 4/6/06#7 Exhibit(s) Dake ltr to C. Sullivan, HUD - 6/27/95#8 Exhibit(s) M. Gough Email T. McTygue - 3/16/06#9 Exhibit(s) Birge Email to G. Anderson - 1/11/05#10 Exhibit(s) 2000 Concentrations Map#11 Exhibit(s) 2004 EAP - Part A#12 Exhibit(s) 2004 EAP - Part B#13 Exhibit(s) 2004 EAP - Part C#14 Exhibit(s) 2004 EAP - Part D#15 Exhibit(s) 2004 EAP - Part E#16 Exhibit(s) 2004 EAP - Part F)(Colfax, Reed) |
| Filing 89 Exhibit List as Continuation of Exhibits Attached to Affidavit of Mary Hahn (Doc. 84) - L. Benton, Letter to Editor, 8/9/05 by The Anderson Group, LLC.. (Attachments: #1 Exhibit(s) Summary of Meeting w/ Builders 9/14/04#2 Exhibit(s) 1999 EAP#3 Exhibit(s) Planning Board Minutes - 7/28/04#4 Exhibit(s) Planning Board Minutes - 1/19/05#5 Exhibit(s) Excerpts of IDA Hearing#6 Exhibit(s) G. Bornemann emails to J. Viggiani#7 Exhibit(s) City Council Minutes - 10/5/04#8 Exhibit(s) Memo to WHP Committee#9 Exhibit(s) City Council Minutes - 11/17/04#10 Exhibit(s) Spring Run Village App - 12/15/04#11 Exhibit(s) Planning Board Minutes 1/19/05#12 Exhibit(s) P. Lynch ltr to R. Bristol - 1/5/05#13 Exhibit(s) Summary of Land Use Regs and Issues#14 Exhibit(s) Record of Zoning Map Amendments#15 Exhibit(s) Relationship Bet. Land Use Law and Aff. Housing#16 Exhibit(s) Supplemental Discussion of the EAF Inclusionary Zoning Amendments#17 Exhibit(s) Raphael Report#18 Exhibit(s) 2004 CAPER#19 Exhibit(s) Estimate of Open Space Acreage#20 Exhibit(s) 2/2/05 Planning Bd. Tr.#21 Exhibit(s) City Council Minutes - 9/21/04#22 Exhibit(s) Ohlin Email to D. Brunelle - 11/2/04)(Colfax, Reed) |
| Filing 88 MEMORANDUM OF LAW re #81 Motion for Summary Judgment, #72 Motion for Summary Judgment,,,,,,, Ps Opp and Cross Motion for Summ J Part I filed by The Anderson Group, LLC. (Attachments: #1 Memorandum of Law Ps Opp and Cross Motion for Summ J Part II)(Hahn, Mary) |
| Filing 87 Exhibit List as Continuation of Exhibits Attached to Affidavit of Mary Hahn (Doc. 84) - Planning Board Minutes 11/3/04 by The Anderson Group, LLC.. (Attachments: #1 Exhibit(s) City Council Minutes - 11/16/04#2 Exhibit(s) City Council Minutes - 2/1/05#3 Exhibit(s) Spring Run Village App - 9/23/04#4 Exhibit(s) Spring Run Village App - 10/13/04#5 Exhibit(s) Planning Board Minutes - 11/17/04#6 Exhibit(s) Bornemann Analysis of Possible Amendments#7 Exhibit(s) 1987 Comp. Plan - Part A#8 Exhibit(s) 1987 Comp. Plan - Part B#9 Exhibit(s) 10/5/04 CIty Council Tr.#10 Exhibit(s) 12/8/04 Planning Board Tr.#11 Exhibit(s) Bristol Email to P. Lynch - 1/6/05#12 Exhibit(s) Planning Board Minutes - 2/2/05#13 Exhibit(s) LA Group Invoice#14 Exhibit(s) Fairley Report#15 Exhibit(s) 200 Consol. Plan - Part A#16 Exhibit(s) 2000 Concol. Plan - Part B)(Colfax, Reed) |
| Filing 86 RESPONSE in Opposition re #72 MOTION for Summary Judgment Plaintiffs' Response to Defendants' Statement of Material Facts filed by The Anderson Group, LLC. (Hahn, Mary) |
| Filing 85 Exhibit List as Continuation of Exhibits Attached to Affidavit of Mary Hahn (Doc. 84) - 2006 EAP - Part A by The Anderson Group, LLC.. (Attachments: #1 Exhibit(s) 2006 EAP - Part B#2 Exhibit(s) 2006 EAP - Part C#3 Exhibit(s) Affordable Housing Task Force Report#4 Exhibit(s) S. Towne Letter to R. Bristol 11/19/04#5 Exhibit(s) Planning Board Minutes 12/8/04#6 Exhibit(s) Special Use Permit App 10/26/04#7 Exhibit(s) ACO Opinion of Value#8 Exhibit(s) Profile of Change#9 Exhibit(s) 1999 Comp. Plan#10 Exhibit(s) Zoning Ordinance, Chapter 240#11 Exhibit(s) Weibel Road Study Report - Part A#12 Exhibit(s) Weibel Road Study - Part B#13 Exhibit(s) Summary of Proposed Amendments - Part A#14 Exhibit(s) Summary of Proposed Amendments - Part B#15 Exhibit(s) Summary of Proposed Amendments - Part C#16 Exhibit(s) K. Klotz Letter to S. Touhey 9/16/02#17 Exhibit(s) Weibel Ave Agenda Notes#18 Exhibit(s) City Council Minutes - 5/20/03#19 Exhibit(s) Judge Nolan Decision#20 Exhibit(s) LA Group Retainer#21 Exhibit(s) Ingersoll Email to W. Anderson 7/29/04#22 Exhibit(s) City Council Exhibits - 8/11/04#23 Exhibit(s) S. Towne Letter to PB - 10/15/04#24 Exhibit(s) L. Benton Email to PB Members - 1/30/05)(Colfax, Reed) |
| Filing 84 AFFIDAVIT in Support re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims filed by The Anderson Group, LLC. (Attachments: #1 Exhibit(s) Deposition of Gail Anderson#2 Exhibit(s) Deposition of Gregory Anderson#3 Exhibit(s) Deposition of Willard Anderson#4 Exhibit(s) Deposition of John Behan#5 Exhibit(s) Deposition of Lewis Benton#6 Exhibit(s) Deposition of Bradley Birge#7 Exhibit(s) Deposition of Geoff Bornemann#8 Exhibit(s) Deposition of Robert Bristol#9 Exhibit(s) Deposition of Dennis Brunelle#10 Exhibit(s) Deposition of Thomas Curley#11 Exhibit(s) Deposition of William Fairley#12 Exhibit(s) Deposition of Mike Ingersoll#13 Exhibit(s) Deposition of Kenneth Klotz#14 Exhibit(s) Deposition of Michael Lenz#15 Exhibit(s) Deposition of Matthew McCabe#16 Exhibit(s) Deposition of Thomas McTygue#17 Exhibit(s) Deposition of William McTygue#18 Exhibit(s) Deposition of Bernard Mirling#19 Exhibit(s) Deposition of Jeffery Pfeil#20 Exhibit(s) Deposition of Louis Schneider#21 Exhibit(s) Deposition of Susan A. Touhey#22 Exhibit(s) Deposition of Stephen Towne#23 Exhibit(s) Deposition of Michael Welti#24 Exhibit(s) 2001 Comp. Plan#25 Exhibit(s) Parnell Report)(Colfax, Reed) |
| Filing 83 STATEMENT OF MATERIAL FACTS re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims filed by The Anderson Group, LLC. (Hahn, Mary) |
| Filing 82 AFFIDAVIT in Support re #81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims filed by The Anderson Group, LLC, Gail Anderson. (Colfax, Reed) |
| Filing 81 Cross MOTION for Summary Judgment On Plaintiffs' Disparate Impact Claims by The Anderson Group, LLC, Gail Anderson. (Colfax, Reed) |
| Filing 80 Letter Motion from Gregg T. Johnson, Esq. for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Denial of Plaintiffs' request to file a 70 page brief submitted to Judge Sharpe. (Johnson, Gregg) |
| Filing 79 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Extension of Page Limit for Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment on Plaintiffs' Disparate Impact Claims submitted to Judge Sharpe. (Colfax, Reed) |
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Filing 78
ORDER granting #77 Letter Request, #72 MOTION for Summary Judgment : Response to Motion due by 7/17/2007,Reply to Response to Motion due by 7/26/2007. (Return date to be set). Signed by Judge Gary L. Sharpe on 7/11/07. (tab)
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| Filing 77 Letter Motion from Reed N. Colfax for The Anderson Group, LLC, Gail Anderson requesting two-business-day extension of time to file Opposition to Motion for Summary Judgment submitted to Judge Gary L. Sharpe. (Colfax, Reed) |
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Filing 76
STIPULATED PROTECTIVE ORDER. Signed by Judge David R. Homer on 7/6/07. (tab)
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| Filing 75 STIPULATION for Protective Order by The Anderson Group, LLC submitted to Judge David R. Homer. (Hahn, Mary) |
| Filing 74 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #73 Exhibit List, Exhibit QQ - in parts (Johnson, Gregg) |
| Filing 73 Exhibit List of Exhibit QQ - in parts by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley.. (Attachments: #1 Exhibit(s) Exhibit QQ - part 2#2 Exhibit(s) Exhibit QQ - part 3)(Johnson, Gregg) |
| Filing 72 MOTION for Summary Judgment Motion Hearing set for 8/2/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 7/16/2007,Reply to Response to Motion due by 7/23/2007. by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Affidavit #2 Affidavit #3 Affidavit #4 Affidavit #5 Affidavit #6 Affidavit #7 Affidavit #8 Affidavit #9 Affidavit #10 Affidavit #11 Affidavit #12 Affidavit #13 Affidavit #14 Affidavit #15 Affidavit #16 Exhibit(s) A#17 Exhibit(s) B#18 Exhibit(s) C#19 Exhibit(s) D#20 Exhibit(s) E#21 Exhibit(s) F#22 Exhibit(s) G#23 Exhibit(s) H#24 Exhibit(s) I#25 Exhibit(s) J#26 Exhibit(s) K#27 Exhibit(s) L#28 Exhibit(s) M#29 Exhibit(s) N#30 Exhibit(s) O#31 Exhibit(s) P#32 Exhibit(s) Q#33 Exhibit(s) R#34 Exhibit(s) S#35 Exhibit(s) T#36 Exhibit(s) U#37 Exhibit(s) V#38 Exhibit(s) W#39 Exhibit(s) X#40 Exhibit(s) Y#41 Exhibit(s) Z#42 Exhibit(s) AA#43 Exhibit(s) BB#44 Exhibit(s) CC#45 Exhibit(s) DD#46 Exhibit(s) EE#47 Exhibit(s) FF#48 Exhibit(s) GG Part 1#49 Exhibit(s) GG Part 2#50 Exhibit(s) HH#51 Exhibit(s) II#52 Exhibit(s) JJ#53 Exhibit(s) KK#54 Exhibit(s) LL#55 Exhibit(s) MM#56 Exhibit(s) NN#57 Exhibit(s) NN Part 2#58 Exhibit(s) OO#59 Exhibit(s) PP#60 Exhibit(s) RR#61 Exhibit(s) SS#62 Statement of Material Facts #63 Exhibit(s) Fairley Rpt 1#64 Exhibit(s) Fairley Rpt. 2#65 Memorandum of Law #66 Supplement Certificate of Service) (Johnson, Gregg) |
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Filing 71
LETTER/ORDER, that the defendants' #70 letter request for a proposed briefing schedule for the defendants' motion for summary judgment. Motion to be filed by 6/22/2007. Opposition papers to be filed on or before July 13, 2007. Reply papers to be filed on or before July 23, 2007. The motion is set for a return date of August 2, 2007. Signed by Judge Gary L. Sharpe on 6/14/2007. (jel, )
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| Filing 70 Letter Motion from Gregg T. Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Extension of Dispositive Motion date submitted to Judge Sharpe. (Johnson, Gregg) |
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Filing 69
LETTER/ORDER, GRANTING defendants' #68 letter request to file an oversize brief not to exceed forty (40) pages. Signed by Judge Gary L. Sharpe on 5/4/2007. (jel, )
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| Filing 68 Letter Motion from Gregg T. Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Permission to file an oversize brief submitted to Judge Sharpe. (Johnson, Gregg) |
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Filing 67
ORDER re: deposition of Ms. Durland. Signed by Judge David R. Homer on 3/29/07. (wjg, )
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| Minute Entry for proceedings held before Judge David R. Homer. A Telephone Discovery Conference was held on 3/28/2007 with Reed Colfax for plaintiffs; Gregg Johnson for defendants; and Robert Alessi for non-party witness. The court granted plaintiffs' request to depose the non-party after the discovery cut-off date with certain conditions. A written order will be entered. (lah, ) |
| Filing 66 Letter Motion from Reed Colfax for The Anderson Group, LLC requesting Telephone conference submitted to Judge Homer. (Colfax, Reed) |
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Filing 65
ORDER that the discovery deadline remains set for 4/1/07 except as stated;Dispositive Motions to be filed by 6/15/2007; Trial Ready Deadline is extended to 7/15/2007. Signed by Judge David R. Homer on 3/15/07. (amt, )
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| Filing 64 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley (Quesnel, Scott) |
| Filing 63 NOTICE of Appearance by Scott P. Quesnel on behalf of all defendants (Quesnel, Scott) |
| Filing 62 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #61 Notice of Appearance (Langlois, Christopher) |
| Filing 61 NOTICE of Appearance by Christopher P. Langlois on behalf of all defendants (Langlois, Christopher) |
| Minute Entry for proceedings held before Judge David R. Homer. A Telephone Conference was held on 3/13/2007 with Reed Colfax for plaintiffs and Gregg Johnson for defendants pursuant to plaintiff's letter request regarding service of plaintiffs' expert witness reports. The court extended certain discovery deadlines and a written order will be entered. (lah, ) |
| Filing 60 LETTER BRIEF to Judge Homer in Response to Plaintiffs' Status Letter to the Court by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Quesnel, Scott) |
| Filing 59 STATUS REPORT by The Anderson Group, LLC. (Colfax, Reed) |
| Filing 58 RESPONSE TO LETTER BRIEF filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley as to #57 Letter Request/Motion filed by Gail Anderson, The Anderson Group, LLC. (Attachments: #1 Supplement Certificate of Service)(Johnson, Gregg) |
| TEXT NOTICE. A telephone discovery conference will be held on 3/13/2007 at 11:30 a.m. with Judge Homer. The parties will call into chambers. (lah, ) |
| Filing 57 Letter Motion from Reed N. Colfax for The Anderson Group, LLC, Gail Anderson requesting Telephone Conference submitted to Judge David R. Homer. (ban) |
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Filing 56
ORDER re: discovery and deposition schedules. Signed by Judge David R. Homer on 3/1/07. (tab)
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| Minute Entry for proceedings held before Judge David R. Homer. A Discovery Conference was held by telephone on 2/28/2007 pursuant to plaintiffs' letter/request [#54] with counsel for all parties. Rulings were made and a written order will be entered. (lah, ) |
| Filing 55 LETTER BRIEF to Judge Homer regarding discovery issues raised by Plaintiffs by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Quesnel, Scott) |
| Filing 54 STATUS REPORT by The Anderson Group, LLC. (Colfax, Reed) |
| TEXT NOTICE. A telephone status conference will be held on 2/28/2007 at 11:00 a.m. EST before Hon. David R. Homer, USMJ, pursuant to the telephone request of the parties. Plaintiff's counsel will initiate the conference call. Chambers tel. no. 518-257-1850. (lah, ) |
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Filing 53
ORDER granting #52 Letter Request extending various ddls, including Discovery due by 4/1/2007, Motions to be filed by 5/15/2007, Trial Ready Deadline is 6/1/2007. No further extensions. Signed by Judge David R. Homer on 10/31/06. (wjg, )
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| Filing 52 Joint Letter Motion from Colfax, Reed for The Anderson Group, LLC requesting Extension of pretrial deadlines submitted to Judge Homer. (Colfax, Reed) |
| Filing 51 STATUS REPORT by The Anderson Group, LLC, Gail Anderson. (Colfax, Reed) |
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Filing 50
ORDER amending #23 Uniform Pretrial Scheduling Order: Discovery due by 2/1/2007. Dispositive Motions to be filed by 3/16/2007. Trial Ready Deadline is 4/1/2007. Signed by Judge David R. Homer on 8/4/06. (wjg, )
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| Filing 49 Letter Motion from R. Colfax & G. Johnson for Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, The Anderson Group, LLC, Gail Anderson, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley requesting Extension of Pretrial Deadlines and Continuance of Trial Date submitted to Judge David R. Homer. (Colfax, Reed) |
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Filing 48
STATUS REPORT LETTER/ORDER Status Report due by 8/4/2006. Signed by Judge David R. Homer on 7/25/06. (tab)
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Filing 47
SUMMARY ORDER, that the defendants' #24 motion for judgment on the pleadings is DENIED. Signed by Judge Gary L. Sharpe on 7/20/2006. (jel, )
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| Filing 46 COURT EXHIBIT 3 Standar of Review - Rule 12(c) Motion for Judgment on the Pleadings. (jel, ) |
| Filing 45 Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 7/20/2006 re #24 First MOTION to Dismiss filed by Thomas Curley,, Stephen Towne,, City of Saratoga Springs,, Michael Lenz,, Saratoga Springs City Council,, Matthew McCabe,, Thomas McTygue,, Saratoga Springs Planning Board,, Lewis Benton,, Robert Bristol,, Robert Israel,, William McTygue,, Nancy Ohlin,, Lou Schneider; Appearances Made: Mary J. Hahn and Reed N. Colfax, Esqs., for the plaintiffs and Gregg T. Johnson and Scott Quesnell, Esqs., for the defendant. Court GRANTS pro hac vice admission of Mary J. Hahn; Court states pending motion before the court; Court provides parties with court exhibit 3 Standard of Review - Rule 12(c) Motion for Judgment on the Pleadings. Court discusses defendants position stated in their motion. Court inquires why issues are premature; court inquires that needs further development with exception of 50e and human rights; Atty. Johnson discusses individual liability; no allegations against single defendants; plaintiff's can't make good faith under Rule 11; Court gives example on assumption that the zoning on face is discriminatory; Atty. Johnson responds to court on its example. Court discusses issue of supplemental jurisdiction; Atty. Johnson states plaintiffs are asking court to create law that does not exist under state. Court asks defendant why motion is not premature; Atty. Johnson discusses relief implements. Atty. Johnson discusses allegations on ratios. Court turns to 246 human rights law and asks what impact claim on assessment in progress of case; Atty. Johnson states impact on client's exposure. Court inquires any authority that human rights law controls Housing Act. Atty. Colfax states plain language statute. Statute identifies persons entities to control dwelling, rental, etc. Court inquires on human rights claim. Atty. Colfax discusses issue with court; Cout inquires why should it not be handled by state judge. Atty. Colfax states brought both so not in two courts. Court inquires what was done to put city on notification on minority housing; Atty. Colfax states replace minority housing with affordable housing; market study done for plaintiffs; takes area and applies guidelines; random selection; Court discusses minority issue. Atty. Colfax discusses conversations had and not had. Court discusses individual liability and municipal liability. Atty. Colfax discusses liability issue with the court. Atty. Johnson responds to this issue. Court understands parties positions and concerns. Court states premature on these facts to dismiss case against individuals. Court states will see this again at end of discovery. Court discusses legislative immunity. Court disagrees where case is not ripe and is DENIED. DENIED under Berfer argument. Legislative immunity is DENIED; The motion as to the 50e claim is DENIED and as to the 296 is DENIED with leave to renew instead of reserving on that issue. Court states deferring to another day. Written summary order to be issued. (Court Reporter Bonnie Buckley) Time: 9:30-10:10 a.m. (jel, ) |
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Filing 44
ORDER granting #42 Motion for Limited Admission Pro Hac Vice as to Mary J. Hahn. Signed by Judge Gary L. Sharpe on 7/20/2006. (jel, )
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| Filing 43 AFFIDAVIT in Support re #42 First MOTION for Limited Admission Pro Hac Vice of Mary J. Hahn filed by Gail Anderson. (Attachments: #1 Appendix Certificate of Good Standing#2 Appendix ECF Registration Form)(Lynch, Peter) |
| Filing 42 First MOTION for Limited Admission Pro Hac Vice of Mary J. Hahn Motion Hearing set for 7/20/2006 09:00 AM in Albany before Magistrate Judge David R. Homer. Response to Motion due by 7/3/2006 Reply to Response to Motion due by 7/10/2006. by Gail Anderson.(Lynch, Peter) |
| TEXT ONLY NOTICE of Hearing on Motion #24 First MOTION to Dismiss: Due to a conflict in the court's calendar, Motion Hearing has been reset for 7/20/2006 at 09:00 AM in Albany before Judge Gary L. Sharpe. Oral argument will be required unless otherwise notified by the court.(jel, ) |
| Filing 41 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #40 Reply to Response to Motion, (Johnson, Gregg) |
| Filing 40 REPLY to Response to Motion re #24 First MOTION to Dismiss filed by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Johnson, Gregg) |
| Filing 39 RESPONSE in Opposition re #24 First MOTION to Dismiss filed by The Anderson Group, LLC, Gail Anderson. (Attachments: #1 Affidavit in Opposition to Motion)(Colfax, Reed) |
| Filing 28 SEALED DOCUMENT (Affidavit: Curley)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
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Filing 38
ORDER APPROVING DEFENDANT'S WAIVER OF POTENTIAL CONFLICT. Signed by Judge David R. Homer on 5/1/06. (tab)
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| Filing 37 SEALED DOCUMENT (Affidavit: Schneider) - maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 36 SEALED DOCUMENT (Affidavit: Ohlin) - maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 35 SEALED DOCUMENT (Affidavit: McTygue) - maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 34 SEALED DOCUMENT (Affidavit: Israel) - maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 33 SEALED DOCUMENT (Affidavit: Bristol)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 32 SEALED DOCUMENT (Affidavit: Benton)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 31 SEALED DOCUMENT (Affidavit: Towne) - maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 30 SEALED DOCUMENT (Affidavit: McTygue)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 29 SEALED DOCUMENT (Affidavit: McCabe)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 27 SEALED DOCUMENT (Affidavit: Keehn)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 26 SEALED DOCUMENT (affidavit: Lenz)- maintained in Clerk's Office and not available for electronic viewing (tab) (jmb, ). |
| Filing 25 NOTICE OF IN CAMERA SUBMISSION regarding joint representation: by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #22 Order (tab) |
| Filing 24 First MOTION to Dismiss Motion Hearing set for 6/1/2006 09:30 AM in Albany before Magistrate Judge Gary Sharpe. Response to Motion due by 5/15/2006 Reply to Response to Motion due by 5/22/2006. by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Affidavit In Support with Exhibit A#2 Memorandum of Law Memo of Law#3 Supplement Certificate of Service)(Johnson, Gregg) |
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Filing 23
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (jury). Preferred Trial Location: Albany, NY. Joinder of Parties due by 4/24/2006. Amended Pleadings due by 4/24/2006. Discovery due by 12/1/2006. Motions to be filed by 1/15/2007. Trial Ready Deadline is 1/15/2007. Deadline for completion of early neutral evaluation is 5/1/2006. Signed by Judge David R. Homer on 3/1/06. (tab)
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Filing 22
ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE COMPELLED TO OBTAIN SEPERATE COUNSEL. Signed by Judge David R. Homer on 3/1/06. (tab)
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| Filing 21 Minute Entry for proceedings held before Judge David R. Homer : Initial Pretrial Conference held on 3/1/2006 (tab) |
| Filing 20 NOTICE of Hearing: Initial R16 Conference reset for 3/1/2006 10:00 AM in Albany before Magistrate Judge David R. Homer. (wjg, ) |
| Filing 19 CIVIL CASE MANAGEMENT PLAN by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, The Anderson Group, LLC, Gail Anderson, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Colfax, Reed) |
| Filing 18 ANSWER to Complaint by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (Attachments: #1 Supplement Certificate of Service)(Johnson, Gregg) |
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Filing 17
ORDER granting #14 Motion for Limited Admission Pro Hac Vice of Reed N. Colfax, Esq., granting #15 Motion for Limited Admission Pro Hac Vice of Reed N. Colfax, Esq. . Signed by Judge David R. Homer on 12/2/05. (wbl, )
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Filing 16
ORDER granting #13 Motion for Limited Admission Pro Hac Vice of John P. Relman, Esq.. Signed by Judge David R. Homer on 12/2/05. (wbl, )
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| Filing 15 MOTION for Limited Admission Pro Hac Vice of Reed N. Colfax by The Anderson Group, LLC. (Attachments: #1 Affidavit Sponsor Affidavit of Peter A. Lynch#2 Exhibit(s) ECF Registration Form#3 Exhibit(s) Certificate of Good Standing)(Lynch, Peter) |
| Filing 14 MOTION for Limited Admission Pro Hac Vice of Reed N. Colfax by The Anderson Group, LLC.(Lynch, Peter) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of John P. Relman by The Anderson Group, LLC. (Attachments: #1 Affidavit Sponsor Affidavit of Peter A. Lynch#2 Exhibit(s) ECF Registration Form#3 Exhibit(s) Certificate of Good Standing)(Lynch, Peter) |
| Filing fee for PHV Admissions of Reed N. Colfax and John P. Relman, Esqs.: $ 60.00, receipt number ALB001697 (wbl, ) |
| Filing 12 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #11 Notice of Appearance (Conboy, Jacinda) |
| Filing 11 NOTICE of Appearance by Jacinda Hall Conboy on behalf of all defendants (Conboy, Jacinda) |
| Filing 10 CERTIFICATE OF SERVICE by Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley re #9 Notice of Appearance (Johnson, Gregg) |
| Filing 9 NOTICE of Appearance by Gregg T. Johnson on behalf of all defendants (Johnson, Gregg) |
| Filing 8 AFFIDAVIT of Service for Summons in a Civil Action with Complaint and General Order #25 served on Thomas Curley, Individually on 10/31/05, filed by The Anderson Group, LLC. (Lynch, Peter) |
| Filing 7 AFFIDAVIT of Service for Summons in a Civil Action with Complaint and General Order #25 served on Thomas Curley, as City Council Member on 10/31/05, filed by The Anderson Group, LLC. (Lynch, Peter) |
| Filing 6 AFFIDAVIT of Service for Summons in a Civil Action with Complaint and General Order #25 served on Matthew McCabe, Individually on 11/2/05, filed by The Anderson Group, LLC. (Lynch, Peter) |
| Filing 5 AFFIDAVIT of Service for Summons in a Civil Action with Complaint and General Order #25 served on Matthew McCabe, as City Council Member on 11/2/05, filed by The Anderson Group, LLC. (Lynch, Peter) |
| Filing 4 AFFIDAVIT of Service for Summons in a Civil Action with Complaint and General Order #25 served on Lewis Benton, Individually on 11/2/05, filed by The Anderson Group, LLC. (Lynch, Peter) |
| Filing 3 AFFIDAVIT of Service for Summons in a Civil Action with Complaint & General Order #25 served on Lewis Benton as Planning Board Member on 11/2/05, filed by The Anderson Group, LLC. (Lynch, Peter) |
| Filing 2 G.O. 25 FILING ORDER ISSUED. Initial R16 Conference set for 2/21/2006 10:30 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 2/13/2006. (wjg, ) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 250.00, receipt number ALB001589), filed by The Anderson Group, LLC, Gail Anderson.(wjg, ) |
| Summonses Issued as to Matthew McCabe, Thomas McTygue, Stephen Towne, Saratoga Springs Planning Board, Lewis Benton, Robert Bristol, Robert Israel, William McTygue, Nancy Ohlin, Lou Schneider, City of Saratoga Springs, Michael Lenz, Saratoga Springs City Council, Thomas Curley. (wjg, ) |
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