Rizzo v. Ulster County et al
Rizzo and Lillian Rizzo |
Ulster County, Dirk Budd, Thomas Lattin, James Mullen, Anthony Maggio, George Carlson, John Doe, Darren Bondar, Christopher Heimink, Doyle, Mr. Leonardo, Deputy Sergeant Wallace Fulford and Nicole Whittaker |
David Taffany |
1:2015cv00339 |
March 23, 2015 |
US District Court for the Northern District of New York |
Albany Office |
Greene |
Christian F Hummel |
Glenn T Suddaby |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Defendant |
Docket Report
This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.
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Filing 61 TEXT ORDER: Pursuant to General Order #22, Docket entry #57 Response DVD Exhibit S and Exhibit U filed by Scott Iseman, Esq. on behalf of plaintiff labelled RL and TLis being returned to Attorney Scott Iseman, 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 9/3/2021. (Copy of this Text Order and the DVD returned to Attorney via regular mail) (gmd, ) |
Filing 60 ORDER DISMISSING ACTION BY REASON OF SETTLEMENT: this action is DISMISSED in its entirety, without costs, and without prejudice pursuant to the right of the parties to secure reinstatement of the case within sixty (60) days after the date of this order by making a showing that the settlement was not, in fact, consummated; and in the event that no motion is made for reinstatement within sixty (60) days of the date of this order, the dismissal of this case shall thereafter be with prejudice. Signed by Chief Judge Glenn T. Suddaby on 10/5/16. (lmw) |
Filing 59 LETTER BRIEF by Darren Bondar, Dirk Budd, George Carlson, John Doe, Doyle, Wallace Fulford, Christopher Heimink, Thomas Lattin, Leonardo, Anthony Maggio, James Mullen, Ulster County, Nicole Whittaker. (Cook, Robert) |
Filing 58 MEMORANDUM OF LAW re #55 Motion to Dismiss,,, #57 Response in Opposition to Motion,,,,,,,,, Reply Memorandum of Law filed by Darren Bondar, Dirk Budd, George Carlson, John Doe, Doyle, Wallace Fulford, Christopher Heimink, Thomas Lattin, Leonardo, Anthony Maggio, James Mullen, Ulster County, Nicole Whittaker. (Cook, Robert) |
The Syracuse Clerk's Office received Exhibit S - a DVD of a video deposition of Ralph Lepard, and Exhibit U - a video deposition of Theresa Lepard, which are exhibits to the #57 Response. (rep) |
Filing 57 RESPONSE in Opposition re #55 MOTION to Dismiss filed by Lillian Rizzo. (Attachments: #1 Exhibit(s) Exhibit "A" - Appearance Ticket, #2 Exhibit(s) Exhibit "B" - Criminal Complaint, #3 Exhibit(s) Exhibit "C" - Supporting Deposition, #4 Exhibit(s) Exhibit "D" - Certificate of Disposition, #5 Exhibit(s) Exhibit "E" - Notice of Claim, #6 Exhibit(s) Exhibit "F" - Policies & Procedures Manual, #7 Exhibit(s) Exhibit "G" - Operational Plan, #8 Exhibit(s) Exhibit "H" - Sgt. Budd's EBT transcript, #9 Exhibit(s) Exhibit "I" - Deputy Fulford's EBT transcript, #10 Exhibit(s) Exhibit "J" - Deputy Carlson's EBT transcript, #11 Exhibit(s) Exhibit "K" - Deputy Doyle's EBT transcript, #12 Exhibit(s) Exhibit "L" - Deputy Mullen's EBT transcript, #13 Exhibit(s) Exhibit "M" - Deputy Bondar's EBT transcript, #14 Exhibit(s) Exhibit "N" - Deputy Heimink's ebt transcript, #15 Exhibit(s) Exhibit "O" - Deputy Lattin's EBT transcript, #16 Exhibit(s) Exhibit "P" - Deputy Leonardo's ebt transcript, #17 Exhibit(s) Exhibit "Q" - Corrections Officer Maggio's ebt transcript, #18 Exhibit(s) Exhibit "R" - Plaintiff Lillian Rizzo's ebt transcript, #19 Exhibit(s) Exhibit "S" - video ebt testimony of R. Lepard, #20 Exhibit(s) Exhibit "T" - EBT transcript - R. Lepard, #21 Exhibit(s) Exhibit "U" - video ebt testimony - T. Lepard, #22 Exhibit(s) Exhibit "V" - EBT transcript - T. Lepard, #23 Exhibit(s) Exhibit "W" - Dr. Elise De expert report, #24 Exhibit(s) Exhibit "X" - Press Release, #25 Exhibit(s) Exhibit "Y" - Defendants' Legal Bulletins, #26 Exhibit(s) Exhibit "Z" - Corrections Officer Nicole Whittaker EBT transcript, #27 Exhibit(s) Exhibit "AA" - Mr. Walter Signorelli - expert report, #28 Exhibit(s) Exhibit "BB" - Defendant's Response for Training Materials, #29 Exhibit(s) Exhibit "CC" EBT transcript of Chad Storey, #30 Memorandum of Law Memorandum of Law, #31 Statement of Material Facts Plaintiff's Response to Defendants' Statement of Material Facts, #32 Certificate of Service)(Iseman, Scott) |
Remark: personnel files delivered to chambers for in camera review on 5/2/16 were retrieved on 6/28/16 by Attorney Robert D. Cook and are no longer in the Court's possession. (tab) |
Filing 56 TEXT ORDER denying as moot #53 Letter Request: motion response deadline has been set for 8/1/16 to respond to #55 Motion to Dismiss. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/20/16. (lmw) |
Filing 55 MOTION for Summary Judgment Motion Hearing set for 8/18/2016 09:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 8/1/2016 Reply to Response to Motion due by 8/8/2016. filed by Darren Bondar, Dirk Budd, George Carlson, John Doe, Doyle, Wallace Fulford, Christopher Heimink, Thomas Lattin, Leonardo, Anthony Maggio, James Mullen, Ulster County. (Attachments: #1 Statement of Material Facts, #2 Affidavit, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H, #11 Exhibit(s) I, #12 Exhibit(s) J, #13 Exhibit(s) K, #14 Exhibit(s) L, #15 Exhibit(s) M, #16 Exhibit(s) N, #17 Exhibit(s) O, #18 Exhibit(s) P, #19 Exhibit(s) Q, #20 Exhibit(s) R, #21 Memorandum of Law, #22 Certificate of Service) (Cook, Robert) Modified on 6/20/2016 to change event from Motion to Dismiss to Motion for Summary Judgment. (jmb) |
Filing 54 TEXT ORDER finding as moot #52 Letter Request for a settlement conference. After further inquiry by the Court as to possible settlement conference dates, parties withdrew their request for court mediation at this time. Authorized by Magistrate Judge Christian F. Hummel on 6/20/16. (tab) |
TEXT NOTICE of Hearing on #55 MOTION to Dismiss : Motion Hearing set for 8/18/2016 on submission of motion papers before Chief Judge Glenn T. Suddaby. No oral argument. Response to Motion due by 8/1/2016. Reply to Response to Motion due by 8/8/2016. (lmw) |
CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the #55 docket entry to change the type of relief requested from a Motion to Dismiss to a Motion for Summary Judgment to match the attached papers, per the request of Attorney Robert Cook's office. (jmb) |
Filing 53 Letter Motion from Stephen R. Coffey, Esq. for Lillian Rizzo requesting extension of deadlines to respond to motion submitted to Judge Hummel . (Coffey, Stephen) |
Filing 52 Letter Motion from Stephen R. Coffey, Esq. for Lillian Rizzo requesting appearance for mediation submitted to Judge Hon. Christian F. Hummel . (Coffey, Stephen) |
Filing 51 TEXT ORDER granting #50 Letter Request to extend deadline. Motions to be filed by 6/21/2016. Authorized by Magistrate Judge Christian F. Hummel on 5/27/2016. (tab) |
Filing 50 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting three week adjournment of the dispositive motions so that we can pursue mediation submitted to Judge Christian F. Hummel . (Iseman, Scott) |
Filing 49 TEXT ORDER: The Court has conducted an in camera review of the personnel files of Defendants Fulford, Leonardo, Whitaker, Maggio, Carlson, Bondar, Heimink and Doyle. Plaintiff's request for copies of these personnel files is DENIED as nothing contained in those files is a proper subject of discovery pursuant to the Federal Rules of Civil Procedure. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 5/17/16. (tab) |
Remark: Personnel files of named defendants were delivered to Magistrate Judge Hummel for in camera review by Robert D. Cook, Esq. on 5/4/2016. (tab) |
Filing 48 TEXT ORDER granting #47 Letter Request to extend deadlines, Discovery now due by 5/1/2016. Motions to be filed by 5/31/2016. Authorized by Magistrate Judge Christian F. Hummel on 3/29/16. (tab) |
Filing 47 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting extension of discovery deadlines submitted to Judge Hummel . (Iseman, Scott) |
Filing 46 TEXT ORDER granting #45 Letter Request to extend Defendant's Expert Disclosure deadline to 4/1/2016. Authorized by Magistrate Judge Christian F. Hummel on 1/21/16. (tab) |
Filing 45 Letter Motion from Robert D. Cook for Darren Bondar, Dirk Budd, George Carlson, John Doe, Doyle, Wallace Fulford, Christopher Heimink, Thomas Lattin, Leonardo, Anthony Maggio, James Mullen, Ulster County, Nicole Whittaker requesting Extension of time to serve expert disclosure submitted to Judge Christian F. Hummel . (Cook, Robert) |
Filing 44 ORDER TO STRIKE re #43 Response to Discovery filed by Lillian Rizzo. Signed by Magistrate Judge Christian F. Hummel on 1/20/16. (tab) |
Filing 43 *** STRICKEN, pursuant to Order #44 ***RESPONSE to Discovery Request by Lillian Rizzo. (Attachments: #1 Plaintiff's Expert Disclosure)(Iseman, Scott) Modified on 1/20/2016 (tab). |
ADR COMPLETED - Case did not settle. (jlm) |
Filing 42 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on December 30, 2015. Total Hours Spent by Mediator: 1.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Taffany, David) |
Filing 41 ANSWER to #30 Amended Complaint by Darren Bondar, Dirk Budd, George Carlson, John Doe, Doyle, Wallace Fulford, Christopher Heimink, Thomas Lattin, Leonardo, Anthony Maggio, James Mullen, Ulster County, Nicole Whittaker.(Cook, Robert) |
Filing 40 TEXT ORDER granting in part and denying in part #39 Letter Request to extend expert disclosure deadlines. Deadlines extended as follows: Plaintiff's time to file expert response is extended to 1/18/16; Defendant's time to file expert response is extended to 2/18/16. Authorized by Magistrate Judge Christian F. Hummel on 12/21/15. (tab) |
Filing 39 Letter Motion from Scott W. Iseman, Esq. for Lillian Rizzo requesting additional time to submit expert reports/disclosure submitted to Judge Christian F. Hummel . (Iseman, Scott) |
Filing 38 ORDER: ORDERED, that plaintiff's request for a copy of defendant Budd's personnel file is DENIED, as nothing contained within that file is a proper subject of discovery pursuant to the Federal Rules of Civil Procedure; ORDERED, that plaintiff's request for a copy of defendant Muller's personnel file is GRANTED to the limited extent that defendants shall provide plaintiff, within ten days of the issuance of this Order, a one-page counseling letter, dated April 1, 2009, ORDERED, that plaintiff's request for a copy of defendant Lattin's personnel file is DENIED, as nothing contained within that file is a proper subject of discovery pursuant to the Federal Rules of Civil Procedure. Signed by Magistrate Judge Christian F. Hummel on 12/14/2015. (mgh) |
Filing 37 NOTICE OF IN CAMERA SUBMISSION REGARDING PERSONNEL FILES OF DEFENDANTS (received in chambers on 12/8/15) (tab) |
Filing 36 TEXT ORDER granting in part and denying in part #35 Letter Request to extend mediation deadline. Mandatory Mediation deadline is extended by 30 days Deadline for completion of Mandatory Mediation is now set for 1/8/2016. Authorized by Magistrate Judge Christian F. Hummel on 12/8/15. (tab) |
Filing 35 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting the time to complete mediation be extended until the end of January, 2016 submitted to Judge Christian F. Hummel . (Iseman, Scott) |
Filing 34 Summons Issued as to Darren Bondar, George Carlson, Doyle, Wallace Fulford, Christopher Heimink, Leonardo, Anthony Maggio, Nicole Whittaker. (Attachments: #1 Summons Issued as to George Carlson, #2 Summons Issued as to Darren Bondar, #3 Summons Issued as to Christopher Heimink, #4 Summons Issued as to Deputy Doyle, #5 Summons Issued as to Deputy Leonardo, #6 Summons Issued as to Wallace Fulford, #7 Summons Issued as to Nicole Whittaker)(mgh) |
Filing 33 ORDER APPROVING #32 Stipulation to file Amedned Complaint filed by Lillian Rizzo. Signed by Magistrate Judge Christian F. Hummel on 11/20/15. (tab) |
Filing 32 STIPULATION re #30 Amended Complaint by Lillian Rizzo submitted to Judge Christian F. Hummel. (Attachments: #1 Proposed Summons Ulster County, #2 Proposed Summons Lt. Dirk Budd, #3 Proposed Summons Deputy Thomas Lattin, #4 Proposed Summons Deputy James Mullen, #5 Proposed Summons Deputy Anthony Maggio, #6 Proposed Summons Deputy George Carlson, #7 Proposed Summons Deputy Darren Bondar, #8 Proposed Summons Deputy Christopher Heimink, #9 Proposed Summons Deputy Doyle, #10 Proposed Summons Deputy Leonardo, #11 Proposed Summons Sergeant Wallace Fulford, #12 Proposed Summons Corrections Officer Nicole Whittaker)(Iseman, Scott) |
Filing 31 TEXT ORDER re #30 Amended Complaint filed by Lillian Rizzo. Parties are hereby directed to file a Stipulation, agreed to by all parties, to file the Amended Complaint [Dkt. no.30] for this Court's review and approval by 11/20/2015. If a Stipulation to file the Amended Complaint is not filed, the Amended Complaint will be subject to a Strike Order. Authorized by Magistrate Judge Christian F. Hummel on 11/18/15. (tab) |
Filing 30 AMENDED COMPLAINT against All Defendants filed by Lillian Rizzo.(Coffey, Stephen) |
Filing 29 TEXT ORDER granting #28 Letter Request to reset deadlines, Amended Pleadings due by 11/13/2015, Joinder of Parties due by 11/13/2015. Parties are advised that no further extension for these deadlines will be granted. Authorized by Magistrate Judge Christian F. Hummel on 10/29/15. (tab) |
Filing 28 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting an extension of the deadline to amend pleadings and join parties to the action to November 13, 2015 submitted to Judge Christian F. Hummel . (Iseman, Scott) |
Filing 27 TEXT ORDER granting #26 Letter Request: Amended Pleadings due by 10/30/2015. Joinder of Parties due by 10/30/2015. Authorized by Magistrate Judge Christian F. Hummel on 10/1/15. (tab) |
Filing 26 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting an additional 30 days adjournment to amend the pleadings and join parties submitted to Judge Christian F. Hummel . (Iseman, Scott) |
Filing 25 TEXT ORDER granting #24 Letter Request to extend deadline, Deadline for completion of Mandatory Mediation is now 12/9/2015. Authorized by Magistrate Judge Christian F. Hummel on 9/15/15. (tab) |
Filing 24 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting 60 day extension to the October 9, 2015 mediation deadline submitted to Judge Hummel . (Iseman, Scott) |
Filing 23 TEXT ORDER granting #22 Letter Request to extend deadlines, Amended Pleadings now due by 9/30/2015. Joinder of Parties now due by 9/30/2015. Authorized by Magistrate Judge Christian F. Hummel on 8/31/15. (tab) |
Filing 22 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting an additional 30 days adjournment to amend the pleadings and join parties submitted to Judge Hon. Christian F. Hummel . (Iseman, Scott) |
Filing 21 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mr. David Taffany, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Stephen R. Coffey, Esq. and Robert D. Cook, Esq.. Dated: August 20, 2015(Coffey, Stephen) |
Filing 20 TEXT ORDER Regarding Selection of the Mediator: The deadline for the parties to file the Stipulation Selecting a Mediator has expired. The Court hereby extends the deadline to select a mediator to August 27, 2015. If a stipulation selecting a mediator is not filed by Thursday August 27, 2015 the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Courts Mediator listing and shall issue a text notice notifying the parties of the Mediators identity. Any questions regarding selection of a mediator should be directed to: Michelle Capozzi, ADR Administrator, at 315-234-8548. Authorized by Magistrate Judge Christian F. Hummel on 8/19/2015. (mnc) |
Filing 19 TEXT ORDER granting #18 Letter Request to extend deadlines, Amended Pleadings now due by 8/31/2015. Joinder of Parties now due by 8/31/2015. Authorized by Magistrate Judge Christian F. Hummel on 8/5/15. (tab) |
Filing 18 Letter Motion from Scott W. Iseman for Lillian Rizzo requesting an extension of time on consent to amend pleadings and join parties to this action submitted to Judge Hummel . (Coffey, Stephen) |
Filing 17 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/13/2015. Deadline for completion of Mandatory Mediation is 10/9/2015. Signed by Magistrate Judge Christian F. Hummel on 7/16/15. (tab) |
Filing 16 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7 days (Jury). Preferred Trial Location: Albany, NY. Joinder of Parties due by 7/31/2015. Amended Pleadings due by 7/31/2015. Discovery due by 3/31/2016. Motions to be filed by 5/13/2016. Deadline for completion of Mandatory Mediation is 10/9/2015. Status Report due by 1/11/2016. Signed by Magistrate Judge Christian F. Hummel on 6/22/15. (tab) |
Filing 15 TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 6/22/2015. Appearances: Stephen Coffey, Esq. for plaintiff; Robert Cook, Esq. for defendant. Scheduling Order discussed, dates set, Order to issue. (tab) |
Filing 14 TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Conference held on 6/10/2015 in regard to the taking of early depositions. Issue resolved just prior to conference, Rule 16 conference scheduled for 6/22/15 @ 10:30am will proceed as scheduled. (Court Reporter Theresa Casal) (tab) |
Filing 13 CIVIL CASE MANAGEMENT PLAN by Lillian Rizzo. (Iseman, Scott) |
Filing 12 STATUS REPORT of early deposition prior to tomorrow's conference by Lillian Rizzo. (Iseman, Scott) |
Filing 11 TEXT ORDER granting #10 Letter Request for a conference regarding depositions of witnesses. In Chambers Conference set for 6/10/2015 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel can appear in person or by telephone. Signed by Magistrate Judge Christian F. Hummel on 6/3/15. (tab) |
Filing 10 Letter Motion from Stephen R. Coffey, Esq. for Lillian Rizzo requesting a conference prior to the scheduled Rule 16 conference submitted to Judge Christian F. Hummel . (Coffey, Stephen) |
Filing 9 ANSWER to #1 Complaint by Dirk Budd, Jane Doe, John Doe #1, John Doe #2, Thomas Lattin, James Mullen, Ulster County.(Cook, Robert) |
***Answer due date updated for Dirk Budd answer due 5/11/2015; Thomas Lattin answer due 5/11/2015; James Mullen answer due 5/11/2015; Ulster County answer due 5/12/2015. (mgh) |
Filing 8 AFFIDAVIT of Service for Summons, Complaint, and Notice with Filing Order served on Ulster County on April 21, 2015, filed by Lillian Rizzo. (Coffey, Stephen) |
Filing 7 AFFIDAVIT of Service for Summons, Complaint, Notice with Filing Order served on Deputy Thomas Lattin on April 20, 2015, filed by Lillian Rizzo. (Coffey, Stephen) |
Filing 6 AFFIDAVIT of Service for Summons, Complaint, Notice with Filing Order served on Detective Sergeant Dirk Budd on April 20, 2015, filed by Lillian Rizzo. (Coffey, Stephen) |
Filing 5 AFFIDAVIT of Service for Summons, Complaint, Notice with Filing Order served on Deputy James Mullen on April 20, 2015, filed by Lillian Rizzo. (Coffey, Stephen) |
Filing 4 TEXT NOTICE : Although the plaintiff herein has named John Doe # 1, John Doe # 2 and Jane Doe in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John/Jane Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (mgh) |
Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/22/2015 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/15/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
Filing 2 Summons Issued as to Dirk Budd, Thomas Lattin, James Mullen, Ulster County. (Attachments: #1 Summons Issued as to Dirk Budd, #2 Summons Issued as to Thomas Lattin, #3 Summons Issued as to James Mullen)(mgh) |
Filing 1 COMPLAINT against Dirk Budd, Jane Doe, John Doe #1, John Doe #2, Thomas Lattin, James Mullen, Ulster County (Filing fee $400 receipt number 3233921) filed by Lillian Rizzo. (Attachments: #1 Civil Cover Sheet)(mgh) |
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