Lee et al v. The City of Troy et al
||February 16, 2021
||US District Court for the Northern District of New York
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42 U.S.C. § 1983 Civil Rights Act
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|September 8, 2021
MEMORANDUM DECISION & ORDER: It is hereby ORDERED that Michael E. Ginsberg, Esq. is formally sanctioned for an inappropriate, taunting comment in the courtroom on May 12, 2021; Michael E. Ginsberg, Esq. is ordered to pay a fine of $3,000 to Sivi n, Miller & Roche LLP no later than Friday, September 24, 2021; The law firm of Sivin, Miller & Roche LLP is instructed to hold that $3,000 fine until after any appeal from this order is resolved, at which point the firm is to distribute $1 ,000 each to Lamont Lee, David Roche, Esq., and Clyde Rastetter, Esq. unless ordered otherwise; Michael E. Ginsberg, Esq. is barred from any further involvement in this case effective immediately; Defendants are directed to advise this Court of wheth er they will proceed with the Pattison, Sampson Law Firm and Richard T. Morrissey, Esq. without further involvement by Michael E. Ginsberg, Esq. as their counsel, or will retain new counsel for the rest of this case no later than Friday, September 24, 2021. Signed by District Judge David N. Hurd on 9/8/2021. (Clerk served copy upon appropriate parties/agencies on 09/08/2021)(map)
|May 7, 2021
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiff Lamont Lees 67 Motions in limine are GRANTED; Troy Police Department Chief Brian G. Owens is precluded from opining as to the reasonableness of defendants use of force; Troy Police Department Chief Brian G. Owens report on defendants use of force is excluded; Any Troy Police Department policy documents that were not timely disclosed to plaintiff Lamont Lee in advance of trial are excluded; Defendants are precluded from elicitin g testimony concerning plaintiff Lamont Lees prior conviction for Attempted Robbery in the Second Degree from October 26, 2011; and Defendants are precluded from eliciting testimony concerning plaintiff Lamont Lees convictions from more than ten years ago. IT IS SO ORDERED. Signed by District Judge David N. Hurd on 05/07/2021. (map)
|April 8, 2021
MEMORANDUM-DECISION AND ORDER: It is ORDERED that Defendant's 46 First MOTION for Reconsideration is DENIED. Due to an opening in the Courts calendar and its successful reopening for jury trials, all previous scheduling orders in this case are terminated, and shall be reset in accordance with this order; The jury trial for plaintiff Lamont Lee's remaining claims under Counts I and II relating to the March 3, 2018 incident is scheduled for Monday, May 10, 2021 with jury selection comm encing at 9:30 a.m.; All pretrial submissions shall be filed on or before Friday, April 30, 2021; and All proceedings will be at the Federal Courthouse, 10 Broad Street, Utica, New York 13501, third floor. IT IS SO ORDERED. Signed by Judge David N. Hurd on 04/08/2021. (map)
|February 16, 2021
MEMORANDUM-DECISION AND ORDER: Granting in part and Denying in part Defendant's 33 Motion for Summary Judgment; Denying Plaintiff's 38 Cross-Motion for Partial Summary Judgment; Plaintiff Tymel Kornegay and Defendants Patrolman "John" Morris and Sergeant "John" Barker are dismissed as parties. Signed by District Court Judge David N. Hurd on 2/16/2021. (map)
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