Nourse v. County of Jefferson
Plaintiff: Brad Nourse
Defendant: County of Jefferson
Case Number: 1:2017cv00807
Filed: July 21, 2017
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Fulton
Presiding Judge: Brenda K Sannes
Referring Judge: Daniel J Stewart
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2021 Opinion or Order Filing 87 NOTICE by Brad Nourse Request to be removed from ECF Notices (Dyson, Maria)
September 24, 2021 Opinion or Order Filing 86 TEXT ORDER: Pursuant to General Order #22, trial exhibits received by the court in preparation for trial are hereby returned to counsel for retention as it is no longer necessary for the court to maintain these submissions. So Ordered by Judge Brenda K. Sannes on 9/24/2021. (Served counsel with a copy of this text order and the respective copies of trial exhibits on flash-drives). (nmk)
June 2, 2021 Opinion or Order Filing 85 ORDER OF VOLUNTARY DISMISSAL: approving the #84 stipulation. Signed by Judge Brenda K. Sannes on 6/2/2021. (nmk)
June 1, 2021 Opinion or Order Filing 84 STIPULATION of Dismissal By Virtue of Settlement by Brad Nourse submitted to Judge Brenda K. Sannes. (Keach, Elmer)
April 12, 2021 Opinion or Order Minute Entry for proceedings held before Judge Brenda K. Sannes: Settlement Conference held via Teams on 4/12/2021. This case was scheduled to proceed to a bench trial today. Parties advise that the case has settled. A conditional settlement is placed on the record, pending approval of the Jefferson County finance committee. The parties agree to file a stipulation of dismissal by 5/31/2021. Court adjourns. APP: Elmer R.Keach, III, Esq. for Pltf (Pltf also present via telephone); Teresa Bennett, Esq. for Deft. (Court Reporter Jodi Hibbard) (bjw, )
April 9, 2021 Opinion or Order PUBLIC NOTICE OF VIRTUAL TRIAL: A virtual bench trial is scheduled for April 12-15, 2021. Any party interested in viewing the trial is directed to contact the Clerk at 315-234-8500. (bjw, )
April 5, 2021 Opinion or Order Filing 83 ORDER denying Defendant's #76 Motion in Limine. Signed by Judge Brenda K. Sannes on 4/5/2021. (rjb, )
April 5, 2021 Opinion or Order TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephonic Final Pretrial Conference held on 4/5/2021. Appearances: Elmer Keach, Esq. for Plaintiff; Teresa Bennett, Esq. for Defendant. Judge Sannes addresses the remaining claims with counsel. Housekeeping issues discussed. Counsel will each send 3 flash drives containing their exhibits to the Court by the end of the day today. Opening statements will be allowed if counsel would like to present them. Counsel should join at 9:20AM each morning so trial can promptly start at 9:30AM. Defendant's motion in limine is denied by the Court, a written order will be issued. Counsel will make sure that the witnesses have copies of the exhibits with them for trial. Pretrial stipulation to be filed by the close of business on 4/7/2021. (Court Reporter Theresa Casal; 11:00AM-11:31AM) (rjb, )
April 2, 2021 Opinion or Order TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Final Pretrial Conference held on 4/2/2021. Appearances: Teresa Bennett, Esq. for Defendant. Attorney Keach was unable to join the call due to issues with the call in information. Final pretrial conference rescheduled for 4/5/2021 at 11:00. Call in instructions will be provided. (Court Reporter Hannah Cavanaugh; 10:00AM-10:10AM) (rjb, )
March 23, 2021 Opinion or Order Filing 82 NOTICE by Brad Nourse re #76 MOTION in Limine filed by County of Jefferson. Motion returnable before Judge Brenda K. Sannes Response and Opposition to Motion in Limine (Keach, Elmer)
March 18, 2021 Opinion or Order TEXT NOTICE of Hearing CHANGE: Telephonic Final Pretrial Conference rescheduled for 4/2/2021 at 10:00 AM before Judge Brenda K. Sannes. Separate call in instructions will be provided. (rjb, )
March 15, 2021 Opinion or Order Filing 81 Exhibit List by Brad Nourse. (Keach, Elmer)
March 15, 2021 Opinion or Order Filing 80 Witness List by Brad Nourse. (Keach, Elmer)
March 15, 2021 Opinion or Order Filing 79 Exhibit List by County of Jefferson. (Bennett, Teresa)
March 15, 2021 Opinion or Order Filing 78 TRIAL BRIEF by County of Jefferson. (Attachments: #1 Certificate of Service of Trial Memorandum of Law)(Bennett, Teresa)
March 15, 2021 Opinion or Order Filing 77 CERTIFICATE OF SERVICE by County of Jefferson re #76 MOTION in Limine filed by County of Jefferson. Motion returnable before Judge Brenda K. Sannes (Bennett, Teresa)
March 15, 2021 Opinion or Order Filing 76 MOTION in Limine filed by County of Jefferson. Motion returnable before Judge Brenda K. Sannes (Attachments: #1 Declaration of Teresa M. Bennett, #2 Exhibit(s) A to Declaration of Bennett, #3 Exhibit(s) B to Declaration of Bennett, #4 Memorandum of Law in Support of Motion in Limine) (Bennett, Teresa)
March 15, 2021 Opinion or Order Filing 75 Witness List by County of Jefferson. (Bennett, Teresa)
March 15, 2021 Opinion or Order Filing 74 LETTER BRIEF with deposition testimony to be used at trial by County of Jefferson. (Bennett, Teresa)
March 10, 2021 Opinion or Order Filing 73 TEXT ORDER granting Attorney Anneliese Aliasso's #72 Letter Request seeking to withdraw as counsel for Defendant in this matter. The Clerk of the Court is directed to terminate Atty Aliasso as counsel of record on the case docket. Defendant continues to be represented in this matter by Barclay Damon LLP. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/10/2021. (mab)
March 4, 2021 Opinion or Order Filing 72 Letter Motion from Anneliese R. Aliasso for County of Jefferson requesting Withdrawal as Counsel of Record submitted to Judge Stewart . (Aliasso, Anneliese)
March 2, 2021 Opinion or Order TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 3/2/2021. Appearances: Elmer Keach, Esq. for Plaintiff; Teresa Bennett, Esq. for Defendant. Judge Sannes reviews the trial deadlines with counsel. Counsel anticipate 3-4 days for trial. Plaintiff's counsel prefers to do the trial virtually due to the COVID-19 pandemic. Defendant's counsel does not object to proceeding by video so the trial will be held virtually. Plaintiff's counsel will file a status report by 3/5/2021, after conferring with Attorney Bennett, regarding whether counsel think a settlement conference would be helpful. (Court Reporter Hannah Cavanaugh; 10:00AM-10:12AM) (rjb, )
November 23, 2020 Opinion or Order Filing 71 TRIAL ORDER - Final Pretrial Conference set, by telephone, for 3/29/2021 at 10:00 AM before Judge Brenda K. Sannes. Pretrial Submissions due by 3/15/2021. Responses to Motions in Limine due by 3/22/2021. Bench Trial set for 4/12/2021 at 09:30 AM in Syracuse before Judge Brenda K. Sannes. Signed by Judge Brenda K. Sannes on 11/23/2020. (rjb, )
July 28, 2020 Filing 70 STATUS REPORT Regarding Settlement and Consent to a Bench Trial by Brad Nourse. (Keach, Elmer)
July 17, 2020 Opinion or Order Filing 69 TEXT ORDER granting Plaintiff's #68 Letter Request seeking an extension of time to file a Status Report advising the Court as to scheduling a settlement conference before the undersigned and the possibility of consenting to a Bench Trial in this matter. Plaintiff shall file a Status Report by July 28, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/17/2020. (mab)
July 14, 2020 Filing 68 Letter Motion from Elmer Keach for Brad Nourse requesting Extension of Time to File Status Report Until July 28, 2020 submitted to Judge Daniel J. Stewart On Consent. (Keach, Elmer)
June 30, 2020 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Status Conference held on 6/30/2020. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Teresa Bennett, Esq. for Defendant. The Court held a conference to address the status of this matter in light of the recently issued Memorandum-Decision and Order by Judge Sannes. Counsel agree that discovery is closed and the matter is ready to proceed to trial. The Court inquires as to the possibility of settlement. Plaintiff's counsel is directed to make a demand for consideration by Defendant. If settlement seems possible, the Court would consider scheduling a settlement conference or placing this matter into the Mandatory Mediation Program. Counsel are to advise as to the possibility of settlement within 2 weeks (7/14/2020). Counsel also advised that in order to proceed to trial quickly, they would discuss with their client the possibility of a Bench Trial if Judge Sannes would permit. (TIME: 10:17AM-10:29AM). (Court Reporter: Lisa Tennyson) (mab)
June 26, 2020 Opinion or Order Filing 67 TEXT ORDER: Counsel are directed to appear for a Telephone Status Conference in this matter on June 30, 2020 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/26/2020. (mab)
June 18, 2020 Opinion or Order Filing 66 ORDER denying #43 Motion to Certify Class. Signed by Judge Brenda K. Sannes on 6/18/2020. (rjb, )
May 20, 2020 Opinion or Order Filing 65 TEXT ORDER: The Court has reviewed Defendant's motion to seal #54 the photographs contained in Plaintiff's Exhibit 6, "Photos of Jefferson County Jail Booking Room," (Dkt. No. #44 -6), and in Plaintiff's memorandum of law in support of his motion for class certification, (Dkt. No. #45 , at 6, 10-13). As Plaintiff submits the photographs in support of his motion for class certification, they would certainly be relevant to the judicial function and useful to the judicial process in probing behind pleadings to determine whether Plaintiff's suit meets the special criteria set for in Rule 23 for class certification. Tropical Sails Corp., v. Yext, Inc., No. 14-cv-7582, 2016 WL 1451548, * 3 (S.D.N.Y. 2016). They are therefore judicial documents, and "a strong presumption of access attaches [to judicial documents], under both the common law and the First Amendment." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). The Court finds that the weight of the presumption of access to these documents is significant under both the common law and First Amendment analysis. Mark v. Gawker Media LLC, No. 13-cv-4347, 2015 WL 7288641, at *2, 2015 U.S. Dist. LEXIS 154630, at *5 (S.D.N.Y. Nov. 16, 2015) (determining that the weight of the presumption of access to documents submitted in connection with motion for class certification to be significant.). Thus, the documents at issue should not remain under seal absent the most compelling reasons.'" Lugosch, 435 F.3d at 123 (quoting Joy v. North, 692 F.2d 880, 893 (2d Cir. 1982)). Sealing "may be justified only with specific, on-the-record findings that sealing is necessary to preserve higher values and only if the sealing order is narrowly tailored to achieve that aim." Id. at 124. Examples of "higher values" include law enforcement concerns, United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995), including "to prevent disclosure of law enforcement techniques and procedures [and]... to protect... law enforcement personnel," In re Department of Investigation, 856 F.2d 481, 484 (2d Cir. 1988). Defendant seeks to seal the photographs of the interior of the booking area on the basis that disclosure would "threaten[] the safety and security of [the] facility." (Dkt. No. #54 -2, at 5). Given the limited scope of Defendant's request to seal the photographs in Plaintiff's Exhibit 6 and Plaintiff's memorandum of law and the narrowly tailored redactions, the Court finds that the law enforcement interest of preserving the security of the booking area outweigh the presumption of public access and that the sealing and redaction of these documents is essential to preserve higher values. United States v Erie Cnty., 763 F.3d 235, 239 (2d Cir. 2014). Accordingly, Defendant's motion #54 is GRANTED. The Court will, however, revisit this sealing order in the event this matter proceeds to trial. SO ORDERED by Judge Brenda K. Sannes on 5/20/2020. (rjb, )
November 20, 2019 Filing 64 CERTIFICATE OF SERVICE by Brad Nourse re #63 Reply to Response to Motion (Keach, Elmer)
November 20, 2019 Filing 63 REPLY to Response to Motion re #43 MOTION to Certify Class filed by Brad Nourse. (Keach, Elmer)
November 19, 2019 Opinion or Order Filing 62 TEXT ORDER granting #61 Letter Request for a final extension of time to reply to the #43 MOTION to Certify Class : Reply to Response to Motion due by 11/20/2019. SO ORDERED by Judge Brenda K. Sannes on 11/19/2019. (rjb, )
November 18, 2019 Filing 61 Letter Motion from Elmer Keach for Brad Nourse requesting Two Day (Final) Extension of Time to File Reply Brief, until November 20, 2019 submitted to Judge Brenda K. Sannes . (Keach, Elmer)
November 14, 2019 Opinion or Order Filing 60 TEXT ORDER granting #59 Letter Request for an extension of time to reply to the #43 MOTION to Certify Class : Reply to Response to Motion due by 11/18/2019. SO ORDERED by Judge Brenda K. Sannes on 11/14/2019. (rjb, )
November 13, 2019 Filing 59 Letter Motion from Elmer Keach for Brad Nourse requesting Five-Day Extension of Time to File Reply Papers submitted to Judge Brenda K. Sannes . (Keach, Elmer)
November 7, 2019 Opinion or Order Filing 58 TEXT ORDER granting Plaintiff's #56 Letter Request for an extension of time to file a Reply to the #43 Motion to Certify Class on or before 11/13/2019. SO ORDERED by Judge Brenda K. Sannes on 11/7/2019. (sal)
November 7, 2019 Opinion or Order Filing 57 TEXT ORDER granting #53 Letter Request to file an oversized Memorandum of Law in Support of Defendants' Response in Opposition to Plaintiff's #43 Motion to Certify Class, which has already been filed at Dkt. No. #55 . SO ORDERED by Judge Brenda K. Sannes on 11/7/2019. (sal)
November 7, 2019 TEXT NOTICE regarding Defendant's Motion #54 for an Order Pursuant to Local Rule 83.13 to Seal photographs of the Jefferson County Jail as filed as Exhibit 6 to Affirmation of Counsel in Support of Plaintiff's Motion for Class Certification : Any response to this motion, which is not required, is due on or before 11/13/2019. This motion is taken on submission of the papers and returnable before District Judge Brenda K. Sannes. (sal,)
November 6, 2019 Filing 56 Letter Motion from Elmer Keach for Brad Nourse requesting One Week Extension of Time to File Reply Brief in Support of Class Certification Unti November 13, 2019, on consent submitted to Judge Brenda K. Sannes . (Keach, Elmer)
October 30, 2019 Filing 55 RESPONSE in Opposition re #43 MOTION to Certify Class filed by County of Jefferson. (Attachments: #1 Exhibit(s) A to Affidavit of Bennett in Opposition, #2 Exhibit(s) B to Affidavit of Bennett, #3 Exhibit(s) C to Affidavit of Bennett, #4 Exhibit(s) D to Affidavit of Bennett, #5 Exhibit(s) E to Affidavit of Bennett, #6 Exhibit(s) F to Affidavit of Bennett, #7 Exhibit(s) G to Affidavit of Bennett, #8 Affirmation of Aliasso in Opposition, #9 Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification)(Bennett, Teresa)
October 30, 2019 Filing 54 MOTION Order Pursuant to Local Rule 83.13 to Seal photographs of the Jefferson County Jail as filed as Exhibit 6 to Affirmation of Counsel in Support of Plaintiff's Motion for Class Certification Motion Hearing set for 12/5/2019 09:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 11/18/2019 filed by County of Jefferson. (Attachments: #1 Affidavit in Support of Motion to File Under Seal, #2 Memorandum of Law in Support of Motion to File Photographs Under Seal, #3 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Bennett, Teresa)
October 30, 2019 Filing 53 Letter Motion from Teresa M. Bennett for County of Jefferson requesting Permission to file a Memorandum of Law not exceeding 42 pages submitted to Judge Brenda K. Sannes . (Bennett, Teresa)
October 11, 2019 Opinion or Order Filing 52 TEXT ORDER: The Court has reviewed Plaintiff's letter #51 . To the extent Defendant seeks redaction of any photographs submitted by Plaintiff in his submissions in support of his motion for class certification #44 -6, #45 , Defendant must make an application for sealing in accord with NDNY Local Rule 83.13. Defendant bears the burden of establishing that redactions are warranted under the governing legal standard. See Lugosch v. Pyramid Co. of Onondaga County, 435 F.3d 110, 119-27 (2d Cir. 2006). The fact that photographs are governed by a protective order in civil discovery does not satisfy a party's burden under Lugosch. In re SunEdison, Inc. v. Securities Litigation, No. 16-cv-7917, 2019 WL 126069, at *1 (S.D.N.Y. 2019). And any redactions must be "narrowly tailored" to serve the interests warranting sealing. Lugosch, 435 F.3d at 120. Any application for sealing must be filed by October 30, 2019. In accord with Local Rule 83.13, defense counsel should email the Court any photographs which it seeks to have redacted. SO ORDERED by Judge Brenda K. Sannes on 10/11/2019. (rjb, )
October 7, 2019 Filing 51 Letter Motion from Elmer Keach for Brad Nourse requesting Responding to the Court's Inquiry on Sealing the Plaintiff's Motion for Class Certification submitted to Judge Brenda K. Sannes . (Keach, Elmer)
September 27, 2019 Opinion or Order Filing 50 TEXT ORDER granting #49 Letter Request for an extension of time to respond to the #43 MOTION to Certify Class : Response to Motion due by 10/30/2019; Reply to Response to Motion due by 11/6/2019. SO ORDERED by Judge Brenda K. Sannes on 9/27/2019. (rjb, )
September 26, 2019 Filing 49 Letter Motion from A. Aliasso for County of Jefferson requesting Extension of Time to File Papers in Response to Plaintiff's Motion for Class Certification submitted to Judge Stewart . (Aliasso, Anneliese)
September 16, 2019 Opinion or Order Filing 48 TEXT ORDER: Plaintiff's motion to file an oversized, 28-page brief is granted. Any request for sealing, however, must comply with NDNY Local Rule 83.13. The fact that documents are governed by a protective order in civil discovery does not satisfy a party's burden under Lugosch v. Pyramid Co. of Onondaga County, 435 F.3d 110 (2d Cir. 2006). See In re SunEdison, Inc. v. Securities Litigation, No. 16-cv-7917, 2019 WL 126069, at *1 (S.D.N.Y. Jan. 7, 2019). Plaintiff is directed to file a letter brief in compliance with Rule 83.13 by 9/30/19. SO ORDERED by Judge Brenda K. Sannes on 9/16/2019. (rjb, )
September 5, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #44 Affidavit in Support of Motion. Replaced Exhibit 4 with personal identifiers redacted. (khr)
September 4, 2019 Filing 47 Letter Motion from Elmer Keach for Brad Nourse requesting Leave of Court To File Unredacted Brief and Photographic Exhibit Under Seal, and for Leave to File an Overlength Brief submitted to Judge Brenda K. Sannes . (Keach, Elmer)
September 4, 2019 Filing 46 CERTIFICATE OF SERVICE by Brad Nourse re #45 Memorandum of Law, #43 MOTION to Certify Class , #44 Affidavit in Support of Motion,, (Keach, Elmer)
September 4, 2019 Filing 45 MEMORANDUM OF LAW re #43 Motion to Certify Class With Photos Redacted Pursuant to Protective Order filed by Brad Nourse. (Keach, Elmer)
September 4, 2019 Filing 44 AFFIDAVIT in Support re #43 MOTION to Certify Class Affirmation of Elmer Keach in Support of Motion filed by Brad Nourse. (Attachments: #1 Exhibit(s) 1 -- Deposition Transcript, Brad Nourse, #2 Exhibit(s) 2 - Deposition Transcript, Ellen Gallamore, #3 Exhibit(s) 3 -- Deposition Transcript, Robert Newtown, #4 Exhibit(s) 4 -- Sample Booking Sheet, #5 Exhibit(s) 5 -- Admissions Log Book, #6 Exhibit(s) 6 -- Photos of Jefferson County Jail Booking Room -- filed under seal, #7 Exhibit(s) 7 -- Keach Law Firm Resume, #8 Exhibit(s) 8 -- Bench Decision, Tyson v. City of New York)(Keach, Elmer) (Attachment 4 replaced on 9/5/2019) (khr, ). (Attachment 6 replaced on 5/20/2020) (rjb, ).
September 4, 2019 Filing 43 MOTION to Certify Class Motion Hearing set for 10/17/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 9/30/2019 Reply to Response to Motion due by 10/7/2019. filed by Brad Nourse. (Keach, Elmer)
September 4, 2019 Opinion or Order Filing 42 TEXT ORDER granting #41 Letter Request, motion for class certification due by 9/4/2019. SO ORDERED by Judge Brenda K. Sannes on 9/4/2019. (rjb, )
September 3, 2019 Filing 41 Letter Motion from Elmer Keach for Brad Nourse requesting One Day Extension of Time to File Motion for Class Certification, On Consent submitted to Judge Brenda K. Sannes . (Keach, Elmer)
August 2, 2019 Opinion or Order Filing 40 TEXT ORDER granting #39 Letter Request, motion for class certification due by 9/3/2019. SO ORDERED by Judge Brenda K. Sannes on 8/2/2019. (rjb, )
August 1, 2019 Filing 39 Letter Motion from Elmer Keach for Brad Nourse requesting Extension of Time to Move for Class Certification, On Consent submitted to Judge Brenda K. Sannes . (Keach, Elmer)
June 5, 2019 Opinion or Order Filing 38 TEXT ORDER granting Plaintiff's #37 Letter Request seeking an extension of the deadlines in this matter. Discovery is to be completed by July 1, 2019 and the Motion for Class Certification shall be filed by August 1, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/5/2019. (mab)
June 3, 2019 Filing 37 Letter Motion from Elmer Keach for Brad Nourse requesting Extension of Time to Complete Class Discovery and File Motion for Class Certification, On Consent submitted to Judge Daniel J. Stewart . (Keach, Elmer)
April 19, 2019 Opinion or Order Filing 36 TEXT ORDER: On April 2, 2019, Plaintiff filed a Letter Request seeking an extension of the deadline to complete class discovery in this matter. Dkt. No. #35 . Based upon the reasons set forth in Plaintiff's submission, the request is GRANTED and the deadline to complete class discovery is extended to June 3, 2019. The deadline to file a motion for class certification is extended to July 1, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/19/2019. (mab)
April 2, 2019 Filing 35 Letter Motion from Elmer Keach for Brad Nourse requesting Extension of Discovery Deadline Until June 1, 2019 submitted to Judge Daniel J. Stewart . (Keach, Elmer)
February 4, 2019 Opinion or Order Filing 34 ORDER that the December 10, 2018 Decision and Order granting in part Plaintiff's discovery request (Dkt. No. #28 ) is AFFIRMED, and Plaintiff's appeal (Dkt. No. #29 ) is DENIED. Signed by Judge Brenda K. Sannes on 2/4/2019. (rjb, )
January 11, 2019 Filing 33 LETTER BRIEF In Opposition to Defendant's Appeal from Ruling of United States Magistrate Judge (Docket Number 29) by Brad Nourse. (Keach, Elmer)
January 11, 2019 Opinion or Order Filing 32 TEXT ORDER granting #31 Letter Request for an extension of time to respond to the #29 MOTION for Modification of Decision and Order dated December 10, 2018 : Response to Motion due by 1/11/2019. Motion will be heard on submission of the papers. Counsel will be notified if oral argument is deemed necessary. SO ORDERED by Judge Brenda K. Sannes on 1/11/2019. (rjb, )
January 9, 2019 Filing 31 Letter Motion from Elmer Keach for Brad Nourse requesting Extension of Time, until January 11, 2019, to Respond to Appeal of Magistrate Judge's Decision, On Consent submitted to Judge Brenda K. Sannes . (Keach, Elmer)
January 4, 2019 Filing 30 CERTIFICATE OF SERVICE by County of Jefferson (Bennett, Teresa)
December 21, 2018 Filing 29 APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT/MOTION Modification of Decision and Order dated December 10, 2018 Motion Hearing set for 1/25/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 1/8/2019 filed by County of Jefferson. (Attachments: #1 Affidavit of Teresa Bennett in Support of Objection to Decision and Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Memorandum of Law) Motions referred to Daniel J. Stewart. (Bennett, Teresa) Modified on 1/14/2019 (rjb, ).
December 10, 2018 Opinion or Order Filing 28 DECISION AND ORDER. It is hereby ORDERED that Plaintiff's #21 Letter-Motion requesting a site inspection and document production is GRANTED to the extent set forth in this Order. Signed by Magistrate Judge Daniel J. Stewart on 12/10/2018. (dpk)
October 18, 2018 Filing 27 LETTER BRIEF Regarding Jail Inspection and Production of Booking Sheets by Brad Nourse. (Attachments: #1 Exhibit(s) A -- Text Order in Hill v. County of Montgomery, #2 Exhibit(s) B -- Court Order in Bruce v. County of Rensselaer, #3 Exhibit(s) C -- Transcript of Discovery Hearing, Marriott v. County of Montgomery, #4 Exhibit(s) D -- Transcript of Proceedings, McDaniel v. County of Schenectady)(Keach, Elmer)
October 18, 2018 Opinion or Order Filing 26 TEXT ORDER granting #25 Letter Request. Plaintiff's counsel shall file his letter brief on October 18, 2018. Signed by Magistrate Judge Daniel J. Stewart on 10/18/2018. (gjr)
October 17, 2018 Filing 25 Letter Motion from Elmer Keach for Brad Nourse requesting One Day Extension of Time to File Letter Brief submitted to Judge Daniel J. Stewart . (Keach, Elmer)
October 17, 2018 Filing 24 Pre-Motion Response to #21 Letter Motion from Elmer Keach for Brad Nourse requesting Discovery Conference with the Court submitted to Judge Daniel J. Stewart . (Attachments: #1 Exhibit(s) 1, #2 Memorandum of Law)(Bennett, Teresa)
October 15, 2018 Filing 23 NOTICE of Appearance by Anneliese Aliasso on behalf of County of Jefferson (Aliasso, Anneliese)
October 11, 2018 Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 10/11/2018. Appearances: Elmer Keach, Esq. for Plaintiff; Teresa Bennett, Esq. for Defendant. The Court held a conference to address outstanding discovery issues in this matter. The Court hears from both counsel as to Plaintiff's request for an inspection of the booking room of the county jail and as to Plaintiff's request for a list of individuals who may be part of the class in this action. As to the issue of the inspection of the booking room, the Court reserves on a decision and directs Defendant to submit case law as to its position by 10/17/18. As to the issue of Plaintiff's request for a list of individuals, the Court directs counsel to confer and resolve this issue. If the parties cannot agree to resolve this issue, they are permitted to file Letter Briefs setting forth their positions by 10/17/2018. The discovery deadline is extended to 12/30/2018. Dispositive motions to be filed by 1/18/2019. (TIME: 10:08AM-10:33AM). (Court Reporter: FTR) (mab) (mab, )
October 10, 2018 Opinion or Order Filing 22 TEXT ORDER granting Plaintiff's #21 Letter Request seeking a conference to address outstanding discovery issues in this matter. A Discovery Telephone Conference is scheduled for October 11, 2018 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/10/2018. (mab)
October 4, 2018 Filing 21 Letter Motion from Elmer Keach for Brad Nourse requesting Discovery Conference with the Court submitted to Judge Daniel J. Stewart . (Keach, Elmer)
August 21, 2018 Filing 20 STIPULATION (Consent Order Granting Substitution of Attorney) by County of Jefferson submitted to Judge Brenda K. Sannes. (Attachments: #1 Consent Order Granting Substitution of Attorney)(Bennett, Teresa)
June 27, 2018 Filing 19 TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on June 26, 2018. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED byMagistrate Judge Daniel J. Stewart on 6/27/2018. (mab)
June 27, 2018 Opinion or Order Filing 18 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 7/31/2018. Amended Pleadings due by 7/31/2018. Discovery due by 10/31/2018. Motions to be filed by 12/31/2018. Status Report due by 9/14/2018. This case has been exempt from the Court's Mandatory Mediation Program. Signed by Magistrate Judge Daniel J. Stewart on 6/27/2018. (mab)
June 26, 2018 Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 6/26/2018. Appearances: Maria Dyson, Esq. for Plaintiff; Teresa Bennett, Esq. for Defendant. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Defendant has served Mandatory Disclosures. Plaintiff to serve Mandatory Disclosures. The Court discusses the Mandatory Mediation Program with counsel. Defendant does believe settlement is an option at this time. This matter is OPTED OUT of the Mandatory Mediation Program. Counsel state that they will be moving for class certification at the end of discovery. Depending on the decision on the class certification motion, the parties may request additional time for discovery. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (TIME: 10:04AM-10:23AM). (mab)
June 1, 2018 Opinion or Order Filing 17 TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for June 26, 2018 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before June 19, 2018. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/1/2018. (mab)
May 25, 2018 Filing 16 ANSWER to #1 Complaint by County of Jefferson. (Attachments: #1 Certificate of Service)(Bennett, Teresa)
May 11, 2018 Opinion or Order Filing 15 ORDER denying #5 Motion to Dismiss. Signed by Judge Brenda K. Sannes on 5/11/18. (rjb, )
December 7, 2017 Filing 14 CERTIFICATE OF SERVICE by County of Jefferson (Bennett, Teresa)
December 7, 2017 Filing 13 REPLY to Response to Motion re #5 MOTION to Dismiss filed by County of Jefferson. (Bennett, Teresa)
December 1, 2017 Filing 12 CERTIFICATE OF SERVICE by Brad Nourse re #11 Response in Opposition to Motion (Keach, Elmer)
November 30, 2017 Filing 11 RESPONSE in Opposition re #5 MOTION to Dismiss filed by Brad Nourse. (Keach, Elmer)
October 30, 2017 Opinion or Order Filing 10 TEXT ORDER granting #9 Letter Request for an extension of time to respond to the #5 MOTION to Dismiss : Response to Motion due by 11/30/2017; Reply to Response to Motion due by 12/7/2017. This motion will be heard on submission of the papers. Once the motion has been fully briefed, and reviewed, counsel will be notified if oral argument is deemed necessary. SO ORDERED by Judge Brenda K. Sannes on 10/30/17. (rjb, )
October 30, 2017 Filing 9 Letter Motion from Maria K. Dyson for Brad Nourse requesting Extension of time to submit Response to Motions to Dismiss submitted to Judge Brenda K. Sannes . (Dyson, Maria)
October 30, 2017 Filing 8 NOTICE of Appearance by Maria K. Dyson on behalf of Brad Nourse (Dyson, Maria)
October 20, 2017 Filing 7 Letter Motion from Elmer Keach for Brad Nourse requesting Cancellation of Case Management Conference Pending Decision on Motion to Dismiss submitted to Judge Daniel J. Stewart . (Keach, Elmer)
October 20, 2017 TEXT NOTICE: The Rule 16 Initial Conference scheduled for October 23, 2017 at 9:00 a.m. before Magistrate Judge Daniel J. Stewart and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (dpk)
October 4, 2017 Filing 6 CERTIFICATE OF SERVICE by County of Jefferson (Bennett, Teresa)
October 4, 2017 Filing 5 MOTION to Dismiss Motion Hearing set for 11/16/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/30/2017 Reply to Response to Motion due by 11/6/2017. filed by County of Jefferson. (Attachments: #1 Affidavit of Lieutenant Kristopher Spencer, #2 Affidavit of Teresa M. Bennett, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Memorandum of Law) (Bennett, Teresa)
October 2, 2017 Filing 4 SUMMONS Returned Executed by Brad Nourse. County of Jefferson served on 9/8/2017, answer due 9/29/2017. (Keach, Elmer)
July 24, 2017 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 10/23/2017 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/16/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mc)
July 24, 2017 Filing 2 Summons Issued as to County of Jefferson. (mc)
July 21, 2017 Filing 1 CLASS ACTION COMPLAINT WITH JURY DEMAND: against County of Jefferson (Filing fee $400 receipt number 0206-4076614) filed by Brad Nourse. (Attachments: #1 Civil Cover Sheet)(mc)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Nourse v. County of Jefferson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Brad Nourse
Represented By: Elmer R. Keach, III
Represented By: Maria K. Dyson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: County of Jefferson
Represented By: Anneliese Aliasso
Represented By: Teresa M. Bennett
Represented By: Mitchell J. Katz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?