Fowler v. Kingston City Police Department et al
Plaintiff: Jamarr Fowler
Defendant: Officer Rick Negron, City of Kingston, New York, Officer Eric Van Allen and Officer Benny Reyes
Cross Defendant: Ulster County Sheriff Department, Ulster County District Attorney Office, Donald A. Williams and Sheriff J. Richard Bockelman
Cross Claimant: Kingston City Police Department and County of Ulster
Case Number: 1:2007cv00873
Filed: August 28, 2007
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Ulster
Presiding Judge: Christian F Hummel
Referring Judge: Thomas J McAvoy
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on January 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2018 Filing 103 SETTLEMENT ORDER of DISCONTINUANCE with prejudice; Signed by Sr. District Judge Thomas J. McAvoy dtd 1/24/2018 (cml)
January 18, 2018 Filing 102 SETTLEMENT AGREEMENT by Jamarr Fowler. (Attachments: #1 Proposed Order/Judgment Proposed Order)(Kirton, Marlon)
January 18, 2018 Filing 101 SETTLEMENT AGREEMENT by Jamarr Fowler. (Attachments: #1 Proposed Order/Judgment Proposed Order)(Kirton, Marlon)
January 18, 2018 TEXT ONLY NOTICE advising counsel that Sr. District Judge McAvoy declines to enter parties' proposed #101 Order of Discontinuance as such fails to comply with the infancy / incompetency language requirement set forth in NDNY Local Rule 41.3. Plaintiff's counsel is directed to re-submit proposed order / stipulation w/in the next 5 days for Sr. District Judge McAvoy's consideration. (cml)
December 21, 2015 Filing 100 MINUTE ORDER statistically closing this case. The parties are advised that nothing contained in this minute order shall be considered a dismissal or disposition of the above-entitled action, and should further proceedings in it become necessary or desirable, any party may reopen the action by advising the Court in writing that the stay may be lifted. Upon notification to reopen the action, the parties are directed to request a pretrial conference with the Court so that a trial order can be issued; Signed by Sr. District Judge Thomas J. McAvoy dtd 12/21/2015 (cml) [ CRD traditionally served upon non-NEF pltf @ Connecticut DOCS MacDougall-Walker Correctional facility ]
November 25, 2015 Minute Entry: IN-CHAMBERS TELEPHONE PRETRIAL CONFERENCE held 11/25/2015 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: Marlon Kirton, Esq. for Pltf; Michael Cook, Esq. for Defts; CR: V. Theleman; CRD/cml. On-record discussion w/ counsel re: status of pltf's Connecticut parole violation. Atty Kirton advises that pltf rec'd a 3 year prison sentence. Parties further advise that settlement discussions are underway and will report back to the court during the week of 11/30/2015. (cml) [ 1:30p - 1:40p ]
November 18, 2015 Filing 99 *** PLTF'S SEALED DOCUMENT - Status Report dtd 11/18/2015 by Jamarr Fowler (cml) (cml, ).
November 5, 2015 Filing 98 LETTER BRIEF Status Update by Jamarr Fowler. (Kirton, Marlon)
November 5, 2015 Minute Entry: TELEPHONE STATUS CONFERENCE held 11/05/2015 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: Marlon Kirton, Esq. for Pltf; Michael Cook, Esq. for Defts; CR: None; CRD/cml. Off-record discussion w/ counsel re: status of pltf's probation violation pending in Stamford, CT. Atty Kirton advises court that pltf's violation hearing in CT on 11/04/15 has been adjourned until 11/19/15 & that pltf's current release conditions prohibit him from leaving State of Connecticut. Court intends to reach out to CT local court to discuss potential of allowing pltf's travel to NDNY for 11/10/15 trial. Court thereafter will report back to counsel. (cml) [ 1:30p - 1:40p ]
November 5, 2015 TEXT ONLY NOTICE advising the 11/10/2015 JURY TRIAL before Sr. District Judge Thomas J. McAvoy has been ADJOURNED w/out DATE pending further court notice (cml)
October 27, 2015 Minute Entry: TELEPHONE PRETRIAL CONFERENCE held 10/27/2015 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: Marlon Kirton, Esq. for Pltf; Michael Cook, Esq. for Defts; CR: V. Theleman; CRD/mp. On-record discussion re: status of pltf's current probation violation & restriction placed on pltf to remain in the State of Connecticut in the event he can make bail. Court agrees to contact court in Connecticut but not until after the violation hearing has taken place for the purpose of inquiring of Court if it will consider allowing pltf to travel to NYND for purposes of attending 11/10/15 trial. Atty Kirton to keep the court advised of the status of that hearing, or if it gets adjourned and a decision will be made whether the trial can/will go forward. (cml) [ 5:00p - 5:20p ]
October 26, 2015 Filing 97 LETTER BRIEF Request for Phone Conference by Jamarr Fowler. (Kirton, Marlon)
October 26, 2015 TEXT ONLY NOTICE resetting JURY TRIAL for 11/10/2015 at 10:00 AM in ALBANY, NY bef Sr. District Judge Thomas J. McAvoy. Counsel are directed to electronically send jury instructions & proposed verdict sheet in TEXT format (i.e., Word, but not.pdf format) to Sr. Judge McAvoy's electronic mail box at: NYND_TJM_ECF_NOTICES@nynd.uscourts.gov. Counsel are further directed to take notice of Sections 6, 8 & 10 of #20 Uniform Pretrial Scheduling re: witness unavailability & imposition of juror costs (cml)
July 17, 2015 Filing 96 LETTER BRIEF Compensatory Damages by Jamarr Fowler. (Attachments: #1 Exhibit(s) Redacted Identification)(Kirton, Marlon)
July 15, 2015 Filing 95 TEXT ONLY ORDER REASSIGNING CASE to Sr. District Judge Thomas J. McAvoy for all further proceedings. Sr. District Lawrence E. Kahn no longer assigned to case; SO ORDERED - Authorized on 7/15/2015 by Sr. District Judge Thomas J. McAvoy (cml)
July 15, 2015 Minute Entry: TELEPHONE PRETRIAL STATUS CONFERENCE held 7/15/2015 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: Marlon Kirton, Esq. for Pltf; Michael Cook, Esq. for Defts City/Kington, Reyes, Van Allen & Negron; CR: L. Tennyson; CRD/mp. Settlement discussed; offer made. Pltf counsel to meet w/ client on Sat. 7/18/15 to discuss offer & potential trial. Pltf counsel to submit letter brief by 7/17/15 re: issues raised during today's conference. JURY TRIAL on 7/21/15 bef Judge Kahn is marked over. JURY TRIAL rescheduled for 11/09/15 at 10:00 AM in Albany, NY before Sr. District Judge McAvoy. (cml) [ 10:30a - 10:45a ]
July 14, 2015 Filing 94 MOTION in Limine filed by City of Kingston, New York, Kingston City Police Department, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 93 PROPOSED VERDICT FORM by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 92 TRIAL BRIEF by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 91 Exhibit List by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 90 Witness List by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 89 Proposed Jury Instructions by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 88 Proposed Voir Dire by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 14, 2015 Filing 87 Court Ordered Voir Dire by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
July 8, 2015 Opinion or Order Filing 86 LETTER REQUEST and ORDER re #85 Request filed by Atty. M. Kirton on behalf of Jamarr Fowler to file parts of the plaintiff's trial brief under seal. Request is GRANTED. Signed by Senior Judge Lawrence E. Kahn on July 08, 2015. (sas)
July 8, 2015 Filing 85 LETTER BRIEF Sealed documents by Jamarr Fowler. (Kirton, Marlon)
July 7, 2015 Filing 84 TRIAL BRIEF by Jamarr Fowler. (Kirton, Marlon)
February 10, 2015 Opinion or Order Filing 83 LETTER REQUEST and ORDER re #82 LETTER filed by Attorney M. Cook on behalf of Officer Rick Negron, City of Kingston, New York, Officer Eric Van Allen & Officer Benny Reyes to adjourn the current trial deadline. Request is GRANTED. Jury Trial is reset for 7/21/2015 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial Submissions due by 7/7/2015. Signed by Senior Judge Lawrence E. Kahn on February 10, 2015. (sas)
February 6, 2015 Filing 82 LETTER BRIEF regarding the scheduling of trial by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
January 26, 2015 Opinion or Order Filing 81 TEXT ORDER: Defendants have filed a Letter Motion (Dkt. No. 80) requesting adjournment of the scheduled trial date of February 24, 2015. Plaintiff has not filed a response. Defendants' Letter Motion (Dkt. No. 80) is GRANTED. The parties are hereby ordered to provide the Court with a stipulated list of proposed dates, from which the Court will reschedule the trial. Signed by Senior Judge Lawrence E. Kahn on January 26, 2015. (sas)
January 21, 2015 Filing 80 Letter Motion from Michael T. Cook. Esq. for J. Richard Bockelman, J. Richard Bockelman, J. Richard Bockelman, J. Richard Bockelman, City of Kingston, New York, City of Kingston, New York, City of Kingston, New York, City of Kingston, New York, County of Ulster, County of Ulster, County of Ulster, Kingston City Police Department, Kingston City Police Department, Kingston City Police Department, Kingston City Police Department, Officer Rick Negron, Officer Rick Negron, Officer Rick Negron, Officer Rick Negron, Officer Benny Reyes, Officer Benny Reyes, Officer Benny Reyes, Officer Benny Reyes, Ulster County District Attorney Office, Ulster County District Attorney Office, Ulster County District Attorney Office, Ulster County Sheriff Department, Ulster County Sheriff Department, Ulster County Sheriff Department, Ulster County Sheriff Department, Officer Eric Van Allen, Officer Eric Van Allen, Officer Eric Van Allen, Officer Eric Van Allen, Donald A. Williams, Donald A. Williams, Donald A. Williams requesting conference/trial date adjournment submitted to Judge Lawrence E. Kahn . (Cook, Michael)
December 30, 2014 Opinion or Order Filing 79 LETTER REQUEST and ORDER re #77 REQUEST filed by Attorney M. Cook on behalf of the defendants for an adjournment of the current trial deadline. Request is GRANTED. Jury Trial is reset for 2/24/2015 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial Submissions due by 2/10/2015. Signed by Senior Judge Lawrence E. Kahn on December 30, 2014. (sas)
December 24, 2014 Filing 78 LETTER BRIEF by Jamarr Fowler. (Kirton, Marlon)
December 23, 2014 Filing 77 LETTER BRIEF to Hon. Lawrence Kahn by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
December 10, 2014 Filing 76 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Status Conference held on 12/10/2014. Settlement is discussed. The case does not settle. Appearances: Attorneys Marlon G. Kirton & Michael T. Cook. (Court Reporter None. CRD S. Snyder) (sas)
December 5, 2014 Set/Reset Hearings: Status Conference is reset for 12/10/2014 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. Conference moved up 1 hour at the request of the Court. (sas)
December 2, 2014 Opinion or Order Filing 75 LETTER REQUEST and ORDER re #74 Request filed by Atty. M. Kirton on behalf of Jamarr Fowler requesting an adjournment. Request is GRANTED. Status Conference is reset for 12/10/2014 at 12:00 PM in Albany before Senior Judge Lawrence E. Kahn. Signed by Senior Judge Lawrence E. Kahn on December 02, 2014. (sas)
December 1, 2014 Filing 74 LETTER BRIEF Request to Adjourn Conference by Jamarr Fowler. (Kirton, Marlon)
November 14, 2014 Set Deadlines/Hearings: Status Conference is reset for 12/3/2014 at 12:00 PM in Albany before Senior Judge Lawrence E. Kahn. The time of this proceeding has been adjourned 1 hour at the request of the Court. (sas)
October 29, 2014 Filing 73 LETTER BRIEF by Jamarr Fowler. (Kirton, Marlon)
October 29, 2014 Filing 72 LETTER BRIEF by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
October 22, 2014 Filing 71 LETTER BRIEF filed by Attorney Marlon G. Kirton on behalf of Jamarr Fowler. (sas)
October 21, 2014 Filing 70 LETTER BRIEF by City of Kingston, New York, Officer Rick Negron, Officer Benny Reyes, Officer Eric Van Allen. (Cook, Michael)
October 1, 2014 Filing 69 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: A Status Conference held on 10/1/2014. Settlement is discussed. The case does not settle. Judge Kahn directs that briefs be filed on the law in reference to liability. Memoranda shall be filed by 10/22/14. Responses, if any, shall be filed by 10/29/14. Jury Trial is reset for 1/21/2015 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Status Conference set for 12/3/2014 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn., Pretrial Submissions due by 1/7/2015. Appearances: Attorneys Marlon G. Kirton & Michael T. Cook. (Court Reporter None. CRD S. Snyder) (sas)
September 30, 2014 Set Deadlines/Hearings: Status Conference is reset for 10/1/2014 at 03:00 PM in Albany before Senior Judge Lawrence E. Kahn. The time of this proceeding has been adjusted at the request of the Court. (sas)
February 21, 2014 Filing 68 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Status Conference held on 2/21/2014. Settlement is discussed. The case does not settle. 3 Day Jury Trial is set for 11/12/2014 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Final Pretrial / Status Conference is set for 10/1/2014 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial Submissions are due by 11/3/2014. Appearances: Attorneys Marlon G. Kirton & Michael T. Cook. (Court Reporter None. CRD S. Snyder) (sas)
February 4, 2014 Set Deadlines/Hearings: Status Conference is reset for 2/21/2014 at 12:30 PM in Albany before Senior Judge Lawrence E. Kahn. Proceeding adjourned due to weather / at the request of the Court. (sas)
January 25, 2014 Filing 67 LETTER BRIEF by Jamarr Fowler. (Kirton, Marlon)
January 7, 2014 RESET Deadlines/Hearings: Status Conference is reset for 2/5/2014 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Proceeding moved up 1 week at the request of the Court. (sas)
November 18, 2013 Opinion or Order Filing 66 LETTER REQUEST and ORDER re #65 LETTER BRIEF filed by Attorney Marlon G. Kirton on behalf of Jamarr Fowler. A Status Conference is set for 2/12/2014 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. At the time of the conference, counsel will report on the status of the above-entitled action. Parties with full settlement authority are to be readily available during the conference. If settlement cannot be reached, counsel are to be prepared to discuss issues which may be raised at the time of trial. The attorneys of record are directed to discuss trial deadlines with each other (pre-conference) & will be prepared to stipulate to a trial date at the time of the conference. Several agreed upon proposed trial deadlines shall be made available to the Court for Judge Kahns consideration. Signed by Senior Judge Lawrence E. Kahn on November 18, 2013. (sas)
November 15, 2013 Filing 65 LETTER BRIEF by Jamarr Fowler. (Kirton, Marlon)
September 4, 2012 Opinion or Order Filing 64 ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to Magistrate Judge Christian F. Hummel. The case will remain assigned to the presiding U.S. District Judge. Signed by Chief Judge Gary L. Sharpe on 9/4/2012. (mab)
October 22, 2009 Filing 63 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: In Chambers Conference held on 10/22/2009. The plaintiff is currently incarcerated on a separate charge. Mr. Kirton states that Mr. Fowler should be getting released from prison by the end of 2010 or in early 2011. The court directs Attorney Kirton to notify this Court in writing as soon as Mr. Fowler is released. A new conference will be schedule after this notification to discuss trial dates & possible settlement. The trial should last approximately 3 days & there are currently a total of 5 witnesses to be called. This matter is STAYED by directive of Judge Kahn until Mr. Fowler is released. It is Judge Kahns opinion that this matter should settle for $30,000. Appearances: Attys Marlon Kirton & Michael Cook. (Court Reporter None. CRD S. Snyder) (sas)
October 13, 2009 Filing 62 Letter from Maynard, O'Connor, Smith, and Catalinotto, LLP asking for Attorney to be removed from notification list, as the parties they represent have been terminated. (ban)
October 5, 2009 Opinion or Order Filing 61 Letter Request and ORDER. In Chambers Conference set for 10/22/2009 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. Signed by Senior Judge Lawrence E. Kahn on 10/5/09. (ban)
September 22, 2009 Opinion or Order Filing 60 MEMORANDUM-DECISION and ORDERED, that Plaintiffs Motion for summary judgment (Dkt. No. 46) is DENIED; and it is further ORDERED, that Defendants Motion for summary judgment (Dkt. No. 40) is GRANTED in part and DENIED in part; Defendants Motion is GRANTED as to the malicious prosecution claim; the Motion is GRANTED as to the municipal liability claim against Defendant Kingston City Police Department; the Motion is GRANTED as to the municipal liability claim against Defendant City of Kingston, New York, except insofar as to the strip search claim; the Motion is otherwise DENIED; and it is furtherORDERED, that Kingston City Police Department is DISMISSED as a Defendant in this action. Signed by Senior Judge Lawrence E. Kahn on September 22, 2009. (sas)
July 28, 2009 Paid 2009 Biennial Fee $30, receipt number 02060000000001352021. (Kirton, Marlon)
March 18, 2009 Motions No Longer Referred: #46 First MOTION to Amend/Correct Plaintiff's Summary Judgment Motion. Motion is returnable before Senior District Judge Lawrence E. Kahn. (lah, )
December 18, 2008 Opinion or Order Filing 59 Stipulation and ORDER of PARTIAL DISCONTINUANCE re #58 Stipulation filed by J. Richard Bockelman, County of Ulster, Ulster County Sheriff Department. Ulster County Sheriff Department, County of Ulster, and J. Richard Bockelman terminated. Signed by Senior Judge Lawrence E. Kahn on 12/18/08. (ban)
December 16, 2008 Filing 58 STIPULATION of Partial Discontinuance by J. Richard Bockelman submitted to Judge Hon. David R. Homer. (Catalinotto, Michael)
December 11, 2008 Filing 57 REPLY to Response to Motion re #46 First MOTION to Amend/Correct Plaintiff's Summary Judgment Motion filed by Jamarr Fowler. (Attachments: #1 Memorandum of Law)(Kirton, Marlon)
December 11, 2008 Filing 56 REPLY to Response to Motion re #40 MOTION for Summary Judgment filed by Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron. (Cook, Michael)
December 8, 2008 Filing 55 NOTICE by J. Richard Bockelman, County of Ulster that the plaintiff has discontinued the case against said defendants and confirming it will not be necessary for said defendants to appear at the December 19, 2008, 9:30 a.m., motion hearing. (Catalinotto, Michael)
December 5, 2008 Reset Deadlines as to #46 First MOTION to Amend/Correct Plaintiff's Summary Judgment Motion, #42 Second MOTION for Partial Summary Judgment, #40 MOTION for Summary Judgment. Motion Hearing is reset for 12/19/2008 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. The motions will remain on submit. No oral arguments will be entertained. (sas)
December 4, 2008 Opinion or Order Filing 54 LETTER REQUEST and ORDER. The current trial ready and trial deadlines are adjourned without date due to the pending dispositive motions. Signed by Senior Judge Lawrence E. Kahn on 12/4/08. (ban)
December 3, 2008 Opinion or Order Filing 53 ORDER re #50 LETTER BRIEF filed by Officer Rick Negron, City of Kingston, New York, Officer Eric Van Allen, Officer Benny Reyes, Kingston City Police Department. Reply Deadline is extended to 12/11/08. Signed by Senior Judge Lawrence E. Kahn on 12/3/08. (ban)
December 3, 2008 Opinion or Order Filing 52 ORDER Granting #49 LETTER BRIEF filed by Jamarr Fowler. Signed by Senior Judge Lawrence E. Kahn on 12/3/08. (ban)
December 3, 2008 Set/Reset Deadlines as to #46 First MOTION to Amend/Correct Plaintiff's Summary Judgment Motion, #42 Second MOTION for Partial Summary Judgment, #40 MOTION for Summary Judgment. Reply to Response to Motions due by 12/11/2008. (ban)
November 24, 2008 Filing 51 LETTER BRIEF by Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron. (Cook, Michael)
November 21, 2008 Filing 50 LETTER BRIEF by Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron. (Cook, Michael)
November 20, 2008 Filing 49 LETTER BRIEF to accept filing of the Plaintiff by Jamarr Fowler. (Kirton, Marlon)
November 20, 2008 Filing 48 AFFIDAVIT re #40 MOTION for Summary Judgment Affidavit in Opposition to Defendants' motion for Summary Judgment by Jamarr Fowler. (Attachments: #1 Statement of Material Facts, #2 Memorandum of Law)(Kirton, Marlon)
November 18, 2008 Filing 47 AFFIDAVIT in Opposition re #42 Second MOTION for Partial Summary Judgment filed by Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron. (Attachments: #1 Statement of Material Facts, #2 Memorandum of Law)(Cook, Michael)
November 10, 2008 Filing 46 First MOTION to Amend/Correct Plaintiff's Summary Judgment Motion filed by Jamarr Fowler. (Attachments: #1 Exhibit(s) Exhibit I- Kingston Police Department Rules, #2 Exhibit(s) Exhibit 2- Van Allen Deposition, Part I, #3 Exhibit(s) Exhibit 2, Part II, #4 Exhibit(s) Exhibit 2, Part III, #5 Exhibit(s) Exhibit 3, Deposition of Officer Negron, Part I, #6 Exhibit(s) Exhibit 3, Part II, #7 Exhibit(s) Exhibit 4, Deposition of Officer Reyes, Part I, #8 Exhibit(s) Exhibit 4, Part II, #9 Exhibit(s) Exhibit 4, Part III, #10 Exhibit(s) Exhibit 5, State Court Decision, #11 Exhibit(s) Exhibit 6, Deposition of Plaintiff, Part I, #12 Exhibit(s) Exhibit 6, Part II, #13 Exhibit(s) Exhibit 6, Part III, #14 Exhibit(s) Exhibit 6, Part IV, #15 Exhibit(s) Exhibit 6, Part V, #16 Exhibit(s) Exhibit 6, Part VI, #17 Exhibit(s) Exhibit 6, Part VII) Motions referred to David R. Homer. (Kirton, Marlon)
November 5, 2008 Opinion or Order Filing 45 ORDER granting #44 Letter Request. The motion will be accepted by this Court. Mr. Kirton is directed to file his exhibits via ECF. This Court will accept them traditionally if his technical issues are not resolved. Signed by Senior Judge Lawrence E. Kahn on 11/5/08. (ban)
November 4, 2008 TEXT NOTICE re #43 Letter Motion from Marlon G. Kirton, Esq. for Jamarr Fowler requesting Request to Cancel scheduled telephone conference submitted to Judge Homer. The Telephone Discovery Conference previously set for 11/4/2008 at 10:30 AM with Magistrate Judge Homer is ADJOURNED WITHOUT DATE. (lah, )
November 3, 2008 Filing 44 Letter Motion from Marlon G. Kirton, Esq. for Jamarr Fowler requesting Court accept the plaintiff's second motion for summary judgment. submitted to Judge Kahn. (Kirton, Marlon)
November 3, 2008 Filing 43 Letter Motion from Marlon G. Kirton, Esq. for Jamarr Fowler requesting Request to Cancel scheduled telephone conference. submitted to Judge Homer. (Kirton, Marlon)
November 2, 2008 Filing 42 Second MOTION for Partial Summary Judgment filed by Jamarr Fowler. (Kirton, Marlon)
November 2, 2008 Filing 41 First MOTION for Partial Summary Judgment filed by Jamarr Fowler. (Kirton, Marlon)
October 31, 2008 Filing 40 MOTION for Summary Judgment Motion Hearing set for 12/5/2008 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 11/18/2008 Reply to Response to Motion due by 11/24/2008. filed by Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron. (Attachments: #1 statement of material facts, #2 Affidavit, #3 Memorandum of Law, #4 exhibit b, #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s)) (Cook, Michael)
October 28, 2008 Filing 39 Letter Motion from Marlon G. Kirton, Esq. for Jamarr Fowler requesting Discovery Telephone Conference submitted to Judge David R. Homer. (Kirton, Marlon)
October 28, 2008 Opinion or Order Filing 38 ORDER re: #37 Letter Request advising the court that the plaintiff's attorney has consented to voluntarily discontinuing the actions against Ulster County Sheriff's Department and Sheriff J. Richard Bockelman, that a motion for summary judgment will not be filed on behalf of those defendants, and a stipulation of discontinuance will be filed once executed. Signed by Magistrate Judge David R. Homer on 10/28/08. (sg)
October 28, 2008 TEXT NOTICE. A Telephone Discovery Conference will be held on 11/4/2008 at 10:30 AM with Magistrate Judge David R. Homer, pursuant to the telephone request of plaintiff's counsel. Chambers will initiate the conference call. (lah, )
October 27, 2008 Filing 37 Letter Motion from Michael E. Catalinotto, Jr. for Ulster County Sheriff Department, J. Richard Bockelman requesting /advising that plaintiff's attorney has consented to voluntarily discontinue the actions against Ulster County Sheriff Department and Sheriff J. Richard Bockelman submitted to Judge David R. Homer, U.S. Magistrate Judge. (Catalinotto, Michael)
July 2, 2008 Opinion or Order Filing 36 ORDER Granting Leave for the Taking of the Deposition of the Incarcerated Plaintiff re #35 Stipulation, filed by County of Ulster, J. Richard Bockelman. Signed by Magistrate Judge David R. Homer on 7/2/08. (ban)
July 1, 2008 Filing 35 STIPULATION for Order Granting Leave for Deposition of Incarcerated Plaintiff, with attached Attorney Affidavit and Notice of Deposition by J. Richard Bockelman, County of Ulster submitted to Judge Hon. David R. Homer, USMJ. (Catalinotto, Michael)
June 17, 2008 Filing 34 Letter Motion from Michael E. Catalinotto, Jr. for J. Richard Bockelman requesting scheduling of plaintiff's deposition submitted to Judge Hon. David R. Homer. (Catalinotto, Michael)
June 4, 2008 Opinion or Order Filing 33 PARTIAL STIPULATION AND ORDER OF DISCONTINUANCE AND DISMISSAL PURSUANT TO RULE 41(a)(1). Signed by Senior Judge Lawrence E. Kahn on 6/4/08. (ban)
May 14, 2008 Opinion or Order Filing 32 ORDER Approving Defendant's Waiver of Potential Conflict as to Officers Reyes, Van Allen, and Negron re #18 Order to Show Cause regarding Joint Representation. Signed by Magistrate Judge David R. Homer on 5/14/08. (ban)
May 14, 2008 Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Mid-Discovery Status Conference was held by telephone on 5/12/2008 with counsel for all parties. The parties reported the status of discovery. They were reminded of the 9/1/2008 deadline and the need to take action to complete discovery. (lah, )
May 9, 2008 Filing 31 AFFIDAVIT re #18 Order to Show Cause, Notice of In Camera Submission regarding joint representation by Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron. (Cook, Robert)
May 5, 2008 Filing 30 NOTICE of Appearance by David L. Posner on behalf of Ulster County District Attorney Office (Posner, David)
April 24, 2008 Filing 29 AFFIDAVIT of Service for Summons, Complaint, Amended Complaint, Jury Trial Demand, Uniform Pretrial Scheduling Order served on Donald Williams on April 23, 2008, filed by Jamarr Fowler. (Kirton, Marlon)
April 21, 2008 Filing 28 AFFIDAVIT of Service for Amended Complaint, Complaint, Summons, Jury Trial Demand, Uniform Pretrial Scheduling Order served on Office of the Ulster County District Attorney on April 9, 2008, filed by Jamarr Fowler. (Kirton, Marlon)
March 25, 2008 Filing 27 ***SEALED DOCUMENT (Sealed Affidavit Regarding Joint Representation) by J. Richard Bockelman. (ban) (jel, ).
March 25, 2008 Opinion or Order Filing 26 ORDER Approving Defendant's Waiver of Potential Conflict as to Defendant Richard Bockelman re #19 Order to Show Cause. Signed by Magistrate Judge David R. Homer on 3/25/08. (ban)
March 20, 2008 Filing 25 ANSWER to #22 Amended Complaint,, CROSSCLAIM against Ulster County District Attorney Office, Donald A. Williams, Ulster County Sheriff Department, J. Richard Bockelman(Sheriff), County of Ulster by Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron.(Cook, Robert)
March 19, 2008 Filing 24 CERTIFICATE OF SERVICE by Ulster County Sheriff Department re #23 Answer to Amended Complaint,, Crossclaim, (Catalinotto, Michael)
March 19, 2008 Filing 23 ANSWER to #22 Amended Complaint,, CROSSCLAIM against Ulster County District Attorney Office, Donald A. Williams, Kingston City Police Department, City of Kingston, New York, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron by Ulster County Sheriff Department, J. Richard Bockelman, County of Ulster.(Catalinotto, Michael)
March 19, 2008 CLERK'S CORRECTION OF DOCKET ENTRY as to the #22 Amended Complaint. Clerk removed original cm/ecf entry as it was filed as an amended document in error, document is actually an amended complaint and the docket has been corrected to reflect this change, with additional parties added. (kee)
March 4, 2008 Filing 22 AMENDED COMPLAINT against all defendants filed by Marlon G. Kirton on behalf of Jamarr Fowler. The following parties have now been added to the case: The County of Ulster; Ulster County District Attorney; and Donald A. Williams, District Attorney. Defendant City of Kingston, New York has been modified as noted in the caption.(kee)
February 15, 2008 Filing 21 Witness List by Jamarr Fowler. (Kirton, Marlon)
February 6, 2008 Opinion or Order Filing 20 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: four days. Preferred Trial Location: Albany. Amended Pleadings due by 3/4/2008. Joinder of Parties due by 3/4/2008. Discovery due by 9/1/2008. Motions to be filed by 11/1/2008. Trial Ready Deadline is 12/1/2008. Jury Trial set for 2/17/2009 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. This action has been OPTED OUT of the District's ADR program. Signed by Magistrate Judge David R. Homer on 2/6/2008. (dpk)
February 6, 2008 TEXT NOTICE. A telephone Mid-Discovery Status Conference will be held with Hon. David R. Homer, USMJ, on MAY 12, 2008 at 10:00 AM. Chambers will initiate the conference call. Please mark your calendars accordingly. (lah, )
February 6, 2008 Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Rule 16 Conference was held on 1/31/2008 with Marlon Kirton for plaintiff and Michael Catalinotto and Robert Netter for defendants. Deadlines were set for the progression of the case and a scheduling order will be entered. A telephone status conference will be held on 5/12/2008. (lah, )
January 29, 2008 Opinion or Order Filing 19 ORDER to Show Cause Why Defendants Should Not be Compelled to Obtain Separate Counsel. Signed by Judge David R. Homer on 1/29/2008. (sg)
January 29, 2008 Opinion or Order Filing 18 ORDER to Show Cause Why Defendants Should not be Compelled to Obtain Separate Counsel. Signed by Judge David R. Homer on 1/29/2008. (sg)
January 28, 2008 Filing 17 Letter Motion from Marlon G. Kirton, Esq. for Jamarr Fowler regarding service of Summons and Complaint submitted to Judge David R. Homer. (dpk)
January 24, 2008 Filing 16 CIVIL CASE MANAGEMENT PLAN PROPOSED PLAN AFTER AGREEMENT AMONG THE PARTIES by Jamarr Fowler. (Kirton, Marlon)
January 11, 2008 Opinion or Order Filing 15 ORDER granting Letter Request to the extent that plaintiff is granted an extension until 2/15/08 to complete service on defendant Bockelman. Signed by Judge David R. Homer on 1/11/08. (ban)
January 10, 2008 Filing 14 ANSWER to Complaint with Jury Demand by Kingston City Police Department, City of Kingston, NY, Ulster County, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron.(Cook, Robert)
January 10, 2008 Filing 13 CERTIFICATE OF SERVICE by Ulster County Sheriff Department, J. Richard Bockelman re #12 Answer to Complaint,, Crossclaim, (Catalinotto, Michael)
January 10, 2008 Filing 12 ANSWER to Complaint, CROSSCLAIM against Kingston City Police Department, City of Kingston, NY, Ulster County, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron by Ulster County Sheriff Department, J. Richard Bockelman.(Catalinotto, Michael)
January 3, 2008 Filing 11 AFFIDAVIT of Service for Summons, Complaint and District Court Notice served on Kingston City Police Department, City of Kingston, Officer Rick Negron, Officer Eric Van Allen, Officer Benny Reyes, Ulster County Sherriff's Department, Ulster County on December 27, 2007, filed by Jamarr Fowler. (Kirton, Marlon)
January 2, 2008 TEXT NOTICE. The Rule 16 Scheduling Conference previously set for 1/8/2008 at 11:00 a.m. with Magistrate Judge Homer is RESCHEDULED to 1/29/2008 at 9:30 a.m. The conference will be conducted by telephone and Judge Homer's chambers will initiate the conference call. The Case Management Plan is to be e-filed on or before 1/24/2008. (lah, )
December 26, 2007 Opinion or Order Filing 10 LETTER REQUEST AND ORDER granting plaintiff's request to serve defendant parties on or before 1/3/08. Signed by Judge David R. Homer on 12/26/07. (tab)
September 13, 2007 CLERK'S CORRECTION OF DOCKET ENTRY: Deleted document #10 (Summons Issued as to all defendants) b/c it was a duplicate entry (document #3-9). Summons have been correctly issued as documents #3-9. (ban)
September 12, 2007 Filing 9 Summons Issued as to Ulster County Sheriff Department. (wbl, )
September 12, 2007 Filing 8 Summons Issued as to Officer Rick Negron. (wbl, )
September 12, 2007 Filing 7 Summons Issued as to J. Richard Bockelman. (wbl, )
September 12, 2007 Filing 6 Summons Issued as to Kingston City Police Department (addressed to City Clerk). (Attachments: #1 Summons for Corporation Counsel)(wbl, )
September 12, 2007 Filing 5 Summons Issued as to City of Kingston, NY, Ulster County (addressed to City Clerk). (Attachments: #1 Summons for Corporation Counsel)(wbl, )
September 12, 2007 Filing 4 Summons Issued as to Officer Eric Van Allen. (wbl, )
September 12, 2007 Filing 3 Summons Issued as to Officer Benny Reyes. (wbl, )
August 28, 2007 Filing 2 G.O. 25 FILING ORDER ISSUED:Initial Conference set for 1/8/2008 11:00 AM in Albany before Magistrate Judge David R. Homer.,Civil Case Management Plan due by 12/31/2007. (ban)
August 28, 2007 Filing 1 COMPLAINT against Kingston City Police Department, City of Kingston, NY, Ulster County, Ulster County Sheriff Department, J. Richard Bockelman, Officer Benny Reyes, Officer Eric Van Allen, Officer Rick Negron ( Filing fee $ 350 receipt number ALB003748) filed by Jamarr Fowler. (Attachments: #1 Civil Cover Sheet)(ban)

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Search for this case: Fowler v. Kingston City Police Department et al
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Cross defendant: Ulster County Sheriff Department
Represented By: Michael E. Catalinotto, Jr.
Represented By: Michael T. Cook
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Cross defendant: Ulster County District Attorney Office
Represented By: Michael T. Cook
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Cross defendant: Donald A. Williams
Represented By: Michael T. Cook
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Cross defendant: Sheriff J. Richard Bockelman
Represented By: Michael E. Catalinotto, Jr.
Represented By: Michael T. Cook
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Cross claimant: Kingston City Police Department
Represented By: Michael T. Cook
Represented By: Robert D. Cook
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Cross claimant: County of Ulster
Represented By: Michael E. Catalinotto, Jr.
Represented By: Michael T. Cook
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Defendant: Officer Rick Negron
Represented By: Michael T. Cook
Represented By: Robert D. Cook
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Defendant: City of Kingston, New York
Represented By: Michael T. Cook
Represented By: Robert D. Cook
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Defendant: Officer Eric Van Allen
Represented By: Michael T. Cook
Represented By: Robert D. Cook
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Defendant: Officer Benny Reyes
Represented By: Michael T. Cook
Represented By: Robert D. Cook
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Plaintiff: Jamarr Fowler
Represented By: Marlon G. Kirton
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