Howard v. Town of DeWitt et al
| Tiffany M. Howard |
| Sergeant Keith Bury, John Does 1-5, Town of DeWitt Police Department, Officer Christopher Fuller, Town of DeWitt, Officer Edward Mason and Officer Thomas Norton |
| 5:2012cv00870 |
| May 29, 2012 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 19, 2015. A more recent docket listing may be available from PACER.
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Filing 132
DECISION & ORDER: It is Ordered that Plaintiffs' #114 Motion for Judgment as a Matter of Law or in the alternative for a New Trial is DENIED. Signed by Senior Judge Thomas J. McAvoy on 5/19/2015. (jmb)
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| Filing 131 Redaction of #124 Transcript,,,, (vat, ) |
| Filing 130 Redaction of #123 Transcript,,,, (vat, ) |
| Filing 129 Redaction of #122 Transcript,,,, (vat, ) |
| Filing 128 Redaction of #121 Transcript,,,, (vat, ) |
| Minute Entry: MOTION CALENDAR held 3/27/2015 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; CRD/cml. Pltf's #114 MOTION for Judgment as a Matter of Law - TAKEN ON SUBMIT. (cml) |
| TEXT NOTICE to parties advising that the pending motion for 3/27/15 is on submit basis, appearances are not required. (sfp, ) |
| Filing 127 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton re #126 Affidavit in Opposition to Motion, (Mertell, Lorraine) |
| Filing 126 AFFIDAVIT in Opposition re #114 MOTION for Judgment as a Matter of Law filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit(s) Exhibit E, #6 Memorandum of Law)(Mertell, Lorraine) |
| Minute Entry: MOTION CALENDAR held 2/27/2015 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP/CR/CRD: None. Pltf's #114 MOTION for Judgment as a Matter of Law - ADJOURNED until 3/27/15 in Binghamton. (cml) |
| Filing 125 NOTICE OF INTENT TO REQUEST REDACTION by Lorraine M. Mertell re #123 Transcript,,,, #121 Transcript,,,, #122 Transcript,,,, #124 Transcript,,,,. (Mertell, Lorraine) |
| Filing 124 TRANSCRIPT of Proceedings: Jury Trial held on 12/19/2014 before Judge McAvoy, Court Reporter/Transcriber: Vicky Theleman, Telephone number: 607-773-2644. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/21/2015. Notice of Intent to Redact due by 2/25/2015 (vat, ) |
| Filing 123 TRANSCRIPT of Proceedings: Jury Trial held on 12/18/2014 before Judge McAvoy, Court Reporter/Transcriber: Vicky Theleman, Telephone number: 607-773-2644. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/21/2015. Notice of Intent to Redact due by 2/25/2015 (vat, ) |
| Filing 122 TRANSCRIPT of Proceedings: Jury Trial held on 12/17/2014 before Judge McAvoy, Court Reporter/Transcriber: Vicky Theleman, Telephone number: 607-773-2644. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/21/2015. Notice of Intent to Redact due by 2/25/2015 (vat, ) |
| Filing 121 TRANSCRIPT of Proceedings: Jury Trial held on 12/16/2014 before Judge McAvoy, Court Reporter/Transcriber: Vicky Theleman, Telephone number: 607-773-2644. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/21/2015. Notice of Intent to Redact due by 2/25/2015 (vat, ) |
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Filing 120
TEXT ORDER granting #118 Stipulation to adjourn Plaintiff's #114 Motion to Judge McAvoy's 3/27/15 motion calendar. Response papers due 3/10/15. Reply papers due 3/16/15. Authorized by Senior Judge Thomas J. McAvoy on 2/4/15. (sfp, )
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| Reset Deadlines: Pltf's #114 MOTION for Judgment as a Matter of Law is adjourned to Judge McAvoy's 3/27/15 motion calendar at 10 AM in Binghamton. Response to Motion due by 3/10/2015. Reply to Response to Motion due by 3/16/2015. (sfp, ) |
| Filing 119 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton re #118 Stipulation (Mertell, Lorraine) |
| Filing 118 STIPULATION Requesting Order for Extension of Time by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton submitted to Judge Hon. Thomas J. McAvoy. (Mertell, Lorraine) |
| Filing 117 NOTICE of Appearance by Lorraine M. Mertell on behalf of Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton (Mertell, Lorraine) |
| Filing 116 TRANSCRIPT REQUEST by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton for proceedings held on 12/16/14-12/19/14 before Judge Thomas J. McAvoy.. (Hunt, William) |
| Filing 115 Letter Request/ Letter Motion from William Bradley Hunt for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton requesting To remove my partner Jeff Brown from the docket sheet and that Mr. Brown cease to receive electronic filing notifications. submitted to Judge Thomas J. McAvoy . (Hunt, William) |
| Filing 114 MOTION for Judgment as a Matter of Law Motion Hearing set for 2/27/2015 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 2/10/2015 Reply to Response to Motion due by 2/17/2015. filed by Tiffany M. Howard. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Memorandum of Law, #4 Certificate of Service) (Hoffmann, Terrance) |
| Filing 113 JUDGMENT ON JURY VERDICT: in favor of Town of DeWitt, Town of DeWitt Police Department, Christopher Fuller, Edward Mason, Keith Bury, Thomas Norton against Tiffany M. Howard. (jmb) |
| Filing 112 NOTICE of Appearance by William B. Hunt on behalf of Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton (Hunt, William) |
| Filing 111 JURY VERDICT SHEET finding NO CAUSE OF ACTION as to Defts Fuller, Mason, Norton & Bury (cml) |
| Filing 110 COURT'S Executed Trial Exhibit List w/ JURY NOTE (cml) |
| Filing 109 DEFTS' Executed Trial Exhibit List of Keith Bury, Christopher Fuller, Edward Mason & Thomas Norton (cml) |
| Filing 108 PLTF'S Executed Trial Exhibit List of Tiffany M. Howard (cml) |
| Filing 107 Minute Entry: JURY TRIAL CONCLUDED on 12/19/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: JURY VERDICT RENDERED of no cause of action. (cml) |
| Filing 106 Minute Entry: JURY TRIAL held 12/18/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: Pltf's case-in-chief resumes. PLTF WITNESS: Myrlene Jones. Pltf rests. Defense argues Rule 50 motion - DENIED. DEFENSE WITNESS: Thomas Norton, Keith Bury, Edward Mason & Christopher Fuller. Defense rests. Motions renewed - DENIED. Jury discharged until 9:30 AM on 12/19/14. Attorneys meet in chambers; charge conference held. (cml) |
| Filing 105 Minute Entry: JURY TRIAL held 12/17/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: PLTF WITNESS: Tiffany M. Howard, Minor A.M., Clayton Baker, Ruby Brunner & Amy Eelss. Pltf's case-in-chief interrupted. DEFT WITNESS: Alexus Martin. Defense plays video-depo of Witness Bobby Martin. Court adjourned until 9:30 AM on 12/18/14. (cml) |
| Filing 104 Minute Entry: JURY TRIAL COMMENCES on 12/16/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: Jury selection conducted w/ 8 jurors empaneled. Judge gives jury preliminary charge. Each side present opening stmts. PLTF WITNESS: Linda Howard. Court adjourned until 9:30 AM on 12/17/2014. (cml) |
| Filing 103 PROPOSED VERDICT FORM by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Verdict Sheet, #2 Certificate of Service)(Brown, Jeffrey) |
| Filing 102 Proposed Jury Instructions by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| Filing 101 Proposed Jury Instructions by Tiffany M. Howard. (Attachments: #1 Certificate of Service)(Hoffmann, Terrance) |
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Filing 100
DECISION & ORDER: granting the #61 Motion in Limine; ordered that the #63 Motion to Preclude Introduction of Bobby Martins 911 Call and Statements Made to Police, is RESERVED until the appropriate time at trial, denying the #70 Motion in Limine; granting in part and denying in part the #72 Motion in Limine; granting in part the #73 Motion in Limine and the portion of the Motion to Preclude any Evidence of the Criminal History of Defendants Witnesses, is GRANTED with respect to Bobby Martins 1997 plea to misdemeanor assault. The Court RESERVES ruling on the portion of the #73 Motion to Preclude criminal history of any other potential witnesses until an appropriate time at trial, further it is Ordered that the #88 Motion to Preclude Introduction of Tiffany Howards Misdemeanor Information and Police Reports Surrounding the Incident, is hereby RESERVED until an appropriate time at trial. Signed by Senior Judge Thomas J. McAvoy on 12/13/2014. (jmb)
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| Filing 99 PROPOSED VERDICT FORM Amended by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 98 Witness List by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| Filing 97 Exhibit List Amended by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| TEXT ONLY NOTICE setting JURY SELECTION ONLY for 12/16/2014 at 10:00 AM in Binghamton, NY before Senior Judge Thomas J. McAvoy. Attorneys will draw own jury w/ the assistance of Court Clerk. (cml) |
| TEXT ONLY NOTICE setting JURY TRIAL PROOF to commence on 12/17/2014 at 9:30 AM in Binghamton, NY before Sr. District Judge Thomas J. McAvoy. (cml) |
| Filing 96 AFFIDAVIT in Opposition re #73 Second MOTION in Limine Supplemental filed by Tiffany M. Howard. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Hoffmann, Terrance) |
| Filing 95 Witness List by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| Filing 94 Proposed Jury Instructions by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 93 Witness List by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 92 TEXT ONLY ORDER DENYING portion of Pltf's #72 in-limine motion to preclude defts from wearing uniforms at trial; SO ORDERED - Authorized on 12/10/2014 by Sr. District Judge Thomas J. McAvoy (cml) |
| Filing 91 Witness List by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| Filing 90 Proposed Jury Instructions by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 89 TRIAL BRIEF by Tiffany M. Howard. (Attachments: #1 Certificate of Service)(Hoffmann, Terrance) |
| Filing 88 MOTION in Limine filed by Tiffany M. Howard. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Memorandum of Law) (Hoffmann, Terrance) |
| Filing 87 Proposed Voir Dire by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 86 PROPOSED VERDICT FORM by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 85 Court Ordered Voir Dire by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 84 Letter Motion from Terrance J. Hoffmann, Esq. for Tiffany M. Howard requesting Permission to withdraw stipulation as to admissibility of Misdemeanor Information submitted to Judge Thomas J. McAvoy . (Attachments: #1 Certificate of Service)(Hoffmann, Terrance) |
| Filing 83 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton re #76 Court Ordered Voir Dire, #81 Exhibit List, #79 LETTER BRIEF, #82 Proposed Jury Instructions, #75 Proposed Voir Dire, #74 Pretrial Stipulation, #80 Proposed Verdict Form, #77 Trial Brief, (Brown, Jeffrey) |
| Filing 82 Proposed Jury Instructions by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 81 Exhibit List by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 80 PROPOSED VERDICT FORM by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 79 LETTER BRIEF regarding evidentiary issues by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 78 NOTICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton requesting Judge McAvoy to rule on objections during the Video Trial Deposition of Bobby Martin (Attachments: #1 Transcript)(Brown, Jeffrey) |
| Filing 77 TRIAL BRIEF by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7)(Brown, Jeffrey) |
| Filing 76 Court Ordered Voir Dire by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 75 Proposed Voir Dire by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 74 PRETRIAL STIPULATION by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Brown, Jeffrey) |
| Filing 73 Second MOTION in Limine Supplemental filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Declaration, #2 Memorandum of Law, #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 Certificate of Service) (Brown, Jeffrey) |
| Filing 72 MOTION in Limine filed by Tiffany M. Howard. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Memorandum of Law, #4 Certificate of Service) (Hoffmann, Terrance) |
| Filing 71 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton re #70 Supplemental MOTION in Limine (Brown, Jeffrey) |
| Filing 70 Supplemental MOTION in Limine filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Declaration, #2 Memorandum of Law, #3 Exhibit(s) A, #4 Exhibit(s) B) (Brown, Jeffrey) |
| Filing 69 CERTIFICATE OF SERVICE by Keith Bury, John Does 1-5, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re Clerk's Correction of Docket Entry (Brown, Jeffrey) |
| Filing 68 MEMORANDUM OF LAW in opposiion to #63 Motion in Limine and in further support of #61 Motion in Limine filed by Keith Bury, John Does 1-5, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Brown, Jeffrey) Modified on 11/26/2014 (nas, ). |
| Filing 67 RESPONSE to #63 MOTION in Limine filed by Keith Bury, John Does 1-5, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department. (Brown, Jeffrey) Modified on 11/26/2014 (nas, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #67 Reply to Response to Motion, #68 Memorandum of Law. Docket Text modified to clarify submissions. (nas, ) |
| Filing 66 ENDORSED ORDER granting Defts' #65 Letter Request for leave to secure video-deposition of Bobby Martin; Signed by Sr. District Judge Thomas J. McAvoy dtd 11/21/2014 (cml) |
| Filing 65 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton requesting leave to take the video trial deposition of Bobby Martin, as well as add Alexus Martin to our list of trial witnesses submitted to Judge McAvoy . (Attachments: #1 Attachment)(Brown, Jeffrey) |
| Filing 64 PRETRIAL DISCLOSURE STATEMENT by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| Filing 63 MOTION in Limine filed by Tiffany M. Howard. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Memorandum of Law, #4 Certificate of Service) (Hoffmann, Terrance) |
| TEXT ONLY NOTICE resetting JURY TRIAL for 12/15/2014 at 10:00 AM in BINGHAMTON, NY before Sr. District Judge Thomas J. McAvoy. The Court shall entertain defts' #61 IN-LIMINE MOTION prior to jury selection. Counsel are directed to electronically send jury instructions & proposed verdict sheet in TEXT format (i.e., WordPerfect or 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 & 11 of #5 Uniform Pretrial Scheduling re: witness unavailability & imposition of juror costs. (cml) |
| Filing 62 PRETRIAL DISCLOSURE STATEMENT by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Certificate of Service)(Brown, Jeffrey) |
| Filing 61 MOTION in Limine filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton. (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Memorandum of Law, #5 Certificate of Service) (Brown, Jeffrey) |
| Filing 60 PRETRIAL DISCLOSURE STATEMENT by Tiffany M. Howard. (Attachments: #1 Certificate of Service)(Hoffmann, Terrance) |
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CLERK'S CORRECTION OF DOCKET ENTRY of Sr. Judge McAvoy's #59 Order. As directed by Sr. Judge McAvoy's chambers, CRD Ligas removed reference for clerk to enter judgment as such order is not fully dispositive of the action (cml)
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Filing 59
ORDER: It is Ordered that plaintiff's #49 Motion for Partial Summary Judgment is DENIED, further that defendants' #50 Motion for Summary Judgment is GRANTED, dismissing the claims against the Town of DeWitt Police Department and the Town of Dewitt, Plaintiff's claims for violation of the NYS Constitution, Plaintiff's claims for malicious prosecution and Plaintiff's claims for libel against the defendant Fuller; Signed by Senior Judge Thomas J. McAvoy on 8/20/2014. (jmb) Modified on 8/28/2014 by CRD Ligas removing reference for clerk to enter judgment as this is not a final order disposing of this case (cml)
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| Filing 58 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting signature of proposed Order submitted to Judge McAvoy . (Attachments: #1 Proposed Order/Judgment)(Brown, Jeffrey) |
| Minute Entry: SPECIAL MOTION CALENDAR held 7/23/2014 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: Terrance Hoffman, Esq. for Pltfs; Jeffrey Brown, Esq. for Defts; CR: V. Theleman; CRD/cml. Pltf's #49 MOTION for Partial Summary Judgment - DENIED; and, Defts Town/DeWitt, Twn/DeWitt Police Dept, Mason, Norton, Bury & Fuller's #50 MOTION for Summary Judgment - GRANTED IN PART / DENIED IN PART. Pltf's #16 amended complaint is dismissed in its entirety against Defts Twn/Dewitt & Twn/DeWitt Police Department only. Pltf's malicious prosecution, unreasonable search & seizure under the NYS Constitution and the defamation claims are DISMISSED in their entirety against all remaining defendants. The Court DENIES summary judgment on pltf's remaining 1983 claim of illegal search & seizure against remaining Defts Mason, Norton, Bury & Fuller. Defense Atty Brown directed to submit proposed order upon notice to pltf w/in next 12 days. (cml) [ 11:10a - 11:57a ] |
| Minute Entry: MOTION CALENDAR held 7/14/2014 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: L. Tennyson; CRD/mp. Pltf's #49 MOTION for Partial Summary Judgment; and, Defts Mason, Norton, Twn/DeWitt, Bury, Twn/DeWitt Police Dept. & Fuller's #50 MOTION for Summary Judgment - ADJOURNED to Special Oral Argument Term on 7/23/14 in Binghamton. (cml) |
| TEXT NOTICE to parties advising that the pending motions for 7/14/14 will hear ORAL ARGUMENT at 10 AM in Albany before Judge McAvoy. (sfp, ) |
| TEXT ONLY NOTICE resetting IN-PERSON ORAL ARGUMENT for Pltf's #49 MOTION for Partial Summary Judgment & Defts' #50 MOTION for Summary Judgment to 7/23/2014 at 11:00 AM in BINGHAMTON, NY before Sr. District Judge Thomas J. McAvoy (cml) |
| Filing 57 REPLY to Response to Motion re #50 MOTION for Summary Judgment filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Brown, Jeffrey) |
| Filing 56 PLTF'S COPY OF 911 TAPE EXHIBIT (CD/DVD format) by Tiffany M. Howard traditionally filed in support of pltf's #51 opposition response re: defts' #50 motion for summary judgment (cml) |
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Filing 55
ORDER granting Pltf's #52 Letter Request to traditionally file 911 tape in support of pltf's #51 opposition to Defts Twn/Dewitt+'s #50 summary jgm motion; Signed by Sr. District Judge Thomas J. McAvoy dtd 6/30/2014 (cml)
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| Filing 54 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re #53 Response in Opposition to Motion, (Brown, Jeffrey) |
| Filing 53 RESPONSE in Opposition re #49 MOTION for Partial Summary Judgment filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department. (Attachments: #1 Response to Statement of Material Facts, #2 Memorandum of Law, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8)(Brown, Jeffrey) |
| Filing 52 Letter Motion from Terrance J. Hoffmann, Esq. for Tiffany M. Howard requesting Permission to file 911 tape by traditional channels submitted to Judge Thomas J. McAvoy . (Attachments: #1 certificate of service)(Hoffmann, Terrance) |
| Filing 51 RESPONSE in Opposition re #50 MOTION for Summary Judgment filed by Tiffany M. Howard. (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Response to Defendants' Statement of Material Facts, #4 Certificate of Service)(Hoffmann, Terrance) |
| Filing 50 MOTION for Summary Judgment Motion Hearing set for 7/14/2014 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 6/27/2014 Reply to Response to Motion due by 7/3/2014. filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department. (Attachments: #1 Statement of Material Facts, #2 Declaration, #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 Affidavit of Officer Christopher Fuller, #20 Memorandum of Law, #21 Exhibit(s) 1, #22 Exhibit(s) 2, #23 Exhibit(s) 3, #24 Exhibit(s) 4, #25 Exhibit(s) 5, #26 Exhibit(s) 6, #27 Exhibit(s) 7, #28 Exhibit(s) 8, #29 Exhibit(s) 9, #30 Exhibit(s) 10, #31 Exhibit(s) 11, #32 Certificate of Service) (Brown, Jeffrey) |
| Filing 49 MOTION for Partial Summary Judgment Motion Hearing set for 7/14/2014 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 6/27/2014 Reply to Response to Motion due by 7/3/2014. filed by Tiffany M. Howard. (Attachments: #1 Statement of Material Facts, #2 Affidavit, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Memorandum of Law, #14 Certificate of Service) (Hoffmann, Terrance) |
| ADR COMPLETED (settlement conference with Judge Dancks held in lieu of mediation)(rjb, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Settlement Conference held on 3/17/2014. Appearances: Terrance Hoffmann, Esq. and Tiffany Howard for Plaintiff; Jeffrey Brown, Esq. for Defendants. Case did not settle. (rjb, ) |
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Filing 48
TEXT ORDER granting #47 Letter Request - Discovery due by 4/2/2014; Discovery Motions due by 4/16/2014; Dispositive Motions to be filed by 6/4/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/3/14. (rjb, )
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| Filing 47 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting extension of scheduling deadlines submitted to Judge Therese Wiley Dancks . (Brown, Jeffrey) |
| Filing 46 NOTICE of Hearing: Settlement Conference set for 3/17/2014 at 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Attached settlement statements due by 3/10/2014. (Attachments: #1 )(rjb, ) |
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Filing 45
TEXT ORDER granting #43 Letter Request for a settlement conference in lieu of mediation. Chambers will contact counsel to discuss proposed dates. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/14. (rjb, )
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| Filing 44 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re #43 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting Settlement Conference submitted to Judge Wiley Dancks (Brown, Jeffrey) |
| Filing 43 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting Settlement Conference submitted to Judge Wiley Dancks . (Brown, Jeffrey) |
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Filing 42
TEXT ORDER: Court has reviewed the docket regarding mediation issues and has not heard from the parties regarding Dkt. No. 38. However, the court notes the parties selected a mediator (Dkt. No. 36) and the mediation deadline is set for 3/17/2014 (Dkt. No. 37). Therefore, before the court refers the parties to the new mandatory mediation program (see General Order No. 47), counsel are to submit a joint report on status of mediation by 1/17/2014. The status report should include whether a date has been selected for the mediation, and if so identify the date selected, and information as to whether the mediator selected is still willing to act as mediator. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/8/14. (rjb, )
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Filing 41
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Therese Wiley Dancks on 11/22/13. (rjb, )
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| Filing 40 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re #39 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting Protective Order submitted to Judge Therese Wiley Dancks (Brown, Jeffrey) |
| Filing 39 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting Protective Order submitted to Judge Therese Wiley Dancks . (Attachments: #1 Proposed Order/Judgment Stipulated Protective Order, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(Brown, Jeffrey) |
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Filing 38
TEXT ORDER: This Court's current Alternative Dispute Resolution ("ADR") Program has been suspended. The new Pilot Mandatory Mediation Program will become effective January 1, 2014 (See General Order #47). For pending cases in which the parties have selected a mediator and scheduled a mediation session before January 1, 2014, the mediation may continue if the parties and the mediator are in agreement. Otherwise, an Order will be issued referring those cases into the new pilot program (which provides for compensation of the mediator at the expense of the parties). In the alternative, the parties may choose to have a settlement conference with the assigned Magistrate Judge. In the event the parties choose to have a settlement conference, counsel are directed to file a letter with the Court no later than December 31, 2013. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/7/13. (rjb, )
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| Records received for in camera review by Judge Dancks returned to Attorney Brown. (rjb, ) |
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Filing 37
ORDER: It is ordered that Plaintiff's #27 Letter Request to review the defendants' personnel records is GRANTED IN PART with the limitations noted within this order. Defendants' counsel shall remove/redact any documents and/or personnel information as stated in this order. Defendant's counsel shall turn over the remaining and/or redacted personnel files to Plaitniff's counsel by Monday 11/18/2013. The requirement of production is conditions upon the prior entry of a protective order setting forth the terms and conditions of the exchange of documents, materials and information. Discovery due by 3/3/2014. Non-Dispositive Discovery Motions to be filed by 3/17/2014. Deadline for completion of Mediation is 3/17/2014. Motions to be filed by 5/5/2014. Signed by Magistrate Judge Therese Wiley Dancks on 10/30/2013. (jmb)
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| Filing 36 STIPULATION Selecting Mediator filed by Attorney Brown.(rjb, ) |
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Filing 35
TEXT ORDER: Discovery due by 12/16/2013; Discovery Motions due by 12/30/2013; Deadline for completion of mediation is 12/30/2013; Dispositive Motions to be filed by 1/31/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/10/13. (rjb, )
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 9/10/2013. Appearances: Terrance Hoffman, Esq. for Plaintiff; Jeffrey Brown, Esq. for Defendants. Plaintiff and several non-party witnesses have been deposed. Defendants' depositions cannot be done until the in camera review by the Court has been completed. There are 3 non-party witnesses that cannot be located. Plaintiff has provided an expert report. Plaintiff will provide Defendants with the documents requested at Plaintiff's deposition by 10/15/2013. Plaintiff will provide an unrestricted HIPAA authorization by 9/23/2013. Pretrial deadlines are extended, a text order will be issued. Counsel are directed to confer on selecting a mediator and Defendants' counsel will submit a status report to the Court on this by 10/14/2013. (FTR Recorded) (rjb, ) |
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Filing 34
TEXT ORDER: The Court has reviewed and appreciates Dkt. No. 33. Status Conference set for 9/10/2013 at 09:30 AM before Magistrate Judge Therese Wiley Dancks. Defendants' attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/2/13. (rjb, )
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| Filing 33 STATUS REPORT by Tiffany M. Howard. (Attachments: #1 Certifciate of Service)(Hoffmann, Terrance) |
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Filing 32
TEXT ORDER granting Plaintiff's #27 Letter Request to the extent it seeks an in camera review of the personnel records. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/14/13. (rjb, )
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Filing 31
TEXT ORDER: Plaintiff's Expert Disclosure due by 8/19/2013; Defendants' Expert Disclosure due by 10/1/2013; Rebuttal Experts due by 10/16/2013; Discovery due by 11/15/2013; Discovery Motions due by 11/29/2013; Dispositive Motions to be filed by 1/10/2014; Deadline for completion of mediation is 11/29/2013. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/14/13. (rjb, )
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| TEXT ONLY NOTICE advising counsel that the JURY TRIAL scheduled on 12/16/13 bef Sr. District Judge Thomas J. McAvoy HAS BEEN ADJOURNED w/out DATE pending further court notice (cml) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 6/13/2013. Appearances: Terrance Hoffman, Esq. for Plaintiff; Jeffrey Brown, Esq. for Defendants. Judge Dancks hears from counsel on Plaintiff's #27 request. Defendant's counsel will provide the personnel files to the Court for in camera review and provide Plaintiff's counsel with any information regarding another lawsuit against Deft. Fuller by 6/19/2013. Plaintiff's counsel will provide Defendants' counsel with witness contact information by 6/14/2013. Plaintiff's counsel will submit a deposition schedule to the Court by 7/1/2013. Pretrial deadlines are extended, a text order will be issued. (FTR Recorded) (rjb, ) |
| Filing 30 CERTIFICATE OF SERVICE by Keith Bury, John Does 1-5, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re #29 RESPONSE TO LETTER BRIEF, (Brown, Jeffrey) |
| Filing 29 RESPONSE TO LETTER BRIEF filed by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department as to #27 Letter Request/Motion, filed by Tiffany M. Howard . (Attachments: #1 Attachment)(Brown, Jeffrey) |
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Filing 28
TEXT ORDER: The Court has reviewed Plaintiff's letter motion (Dkt. No. 27) for discovery of Defendants' personnel files. The Court initially notes that Plaintiff failed to follow Local Rule 7.1(b)(2) before filing the letter motion seeking discovery. Therefore, a court conference is scheduled for 6/13/2013 at 9:30 AM. Defendants to file any response to the letter motion by 6/10/2013 in preparation for the phone conference. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/5/13. (rjb, )
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| Filing 27 Letter Motion from Terrance Hoffmann, Plaintiff's attorney for Order requiring production of personnel files of individual Defendants for Tiffany M. Howard requesting Order requiring Defendants to produce personnel records of Defendants submitted to Judge Hon. Therese Wiley Dancks . (Attachments: #1 Certificate of Service)(Hoffmann, Terrance) |
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Filing 26
TEXT ORDER granting #24 Letter Request - Discovery due by 7/15/2013; Deadline for completion of mediation and Discovery Motions is 7/30/2013; Dispositive Motions to be filed by 9/16/2013; Jury Trial set for 12/16/2013 at 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/16/13. (rjb, )
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| Filing 25 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re #24 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting Extension of Civil Case Management Plan deadlines submitted to Judge Ther (Brown, Jeffrey) |
| Filing 24 Letter Motion from Jeffrey D. Brown, Esq. for Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department requesting Extension of Civil Case Management Plan deadlines submitted to Judge Therese Wiley Dancks . (Brown, Jeffrey) |
| Filing 23 CERTIFICATE OF SERVICE by Tiffany M. Howard (Hoffmann, Terrance) |
| Filing 22 CERTIFICATE OF SERVICE by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department re #21 Answer to Amended Complaint (Brown, Jeffrey) |
| Filing 21 ANSWER to #16 Amended Complaint by Keith Bury, Christopher Fuller, Edward Mason, Thomas Norton, Town of DeWitt, Town of DeWitt Police Department.(Brown, Jeffrey) |
| Filing 20 CERTIFICATE OF SERVICE by Keith Bury, Edward Mason, Thomas Norton re #19 Notice of Appearance (Brown, Jeffrey) |
| Filing 19 NOTICE of Appearance by Jeffrey D. Brown on behalf of Keith Bury, Edward Mason, Thomas Norton (Brown, Jeffrey) |
| Filing 18 Summons Issued as to Keith Bury, Edward Mason, Thomas Norton. (Attachments: #1 Summons, #2 Summons)(sfp, ) |
| Filing 17 CERTIFICATE OF SERVICE by Tiffany M. Howard re #16 Amended Complaint (Hoffmann, Terrance) |
| Filing 16 AMENDED COMPLAINT against All Defendants filed by Tiffany M. Howard.(Hoffmann, Terrance) |
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Filing 15
ORDER granting in part and denying in part #6 Motion to Amend/Correct. Signed by Magistrate Judge Therese Wiley Dancks on 1/22/13. (rjb, )
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| CLERK'S CORRECTION OF DOCKET ENTRY - Clerk replaced Affidavit and Proposed Pleading with a redacted version re #6 Motion to Amend/Correct. (sfp, ) |
| Filing 14 STATUS REPORT re scheduling of depositions by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 13 CERTIFICATE OF SERVICE by Tiffany M. Howard (Hoffmann, Terrance) |
| Filing 12 MEMORANDUM OF LAW filed by Tiffany M. Howard. (Hoffmann, Terrance) |
| Filing 11 CERTIFICATE OF SERVICE by Tiffany M. Howard re #10 Reply to Response to Motion (Hoffmann, Terrance) |
| Filing 10 REPLY to Response to Motion re #6 MOTION to Amend/Correct filed by Tiffany M. Howard. (Hoffmann, Terrance) |
| CLERK'S CORRECTION OF DOCKET ENTRY - Clerk replaced Exhibit A with redacted version re #8 Response in Opposition to Motion. (sfp, ) |
| Filing 9 CERTIFICATE OF SERVICE by John Does 1-5, C. Fuller, Town of DeWitt, Town of DeWitt Police Department re #8 Response in Opposition to Motion, (Brown, Jeffrey) |
| Filing 8 RESPONSE in Opposition re #6 MOTION to Amend/Correct filed by John Does 1-5, C. Fuller, Town of DeWitt, Town of DeWitt Police Department. (Attachments: #1 Exhibit(s) A to Declaration, #2 Memorandum of Law, #3 Appendix Case Law, #4 Appendix Case Law)(Brown, Jeffrey) (Attachment 1 replaced on 10/15/2012) (sfp, ). |
| TEXT NOTICE of Hearing on Plaintiff's #6 MOTION to Amend/Correct : Response to Motion due by 10/12/2012. This motion will be heard on submission of the papers only. Counsel will be notified if oral argument is necessary. (rjb, ) |
| Filing 7 CERTIFICATE OF SERVICE by Tiffany M. Howard re #6 MOTION to Amend/Correct (Hoffmann, Terrance) |
| Filing 6 MOTION to Amend/Correct Motion Hearing set for 10/18/2012 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 10/1/2012 filed by Tiffany M. Howard. (Attachments: #1 Affidavit, #2 Proposed Amended Pleading) Motions referred to Therese Wiley Dancks. (Hoffmann, Terrance) (Attachment 1 replaced on 10/19/2012) (sfp, ). (Attachment 2 replaced on 10/19/2012) (sfp, ). |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 9/18/2012. Appearances: Terrance Hoffman, Esq. for Plaintiff; Jeffrey Brown, Esq. for Defendants. Counsel report on the status of discovery. Plaintiff's counsel would like the tape of the 911 call from Bobby Martin. Defendants' counsel is trying to get the phone number redacted from the tape and will then turn it over. Plaintiff's counsel does not intend to serve interrogatories. Judge Dancks gives Plaintiff's counsel until 10/1/2012 to file their motion to amend, respond to Defendants' interrogatories and document requests and to serve any document demands that they have. Mr. Brown is directed to turn over the 911 tape to Plaintiff's counsel by 10/1/2012. Counsel are encouraged to work on scheduling depositions and Plaintiff's counsel is directed to file a deposition schedule with the Court by 10/19/2012. (FTR Recorded) (rjb, ) |
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Filing 5
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26 Disclosures to be exchanged by 7/31/2012; Rule 33 and 34 Requests to be served by 8/31/12; Joinder of Parties due by 11/1/2012; Amended Pleadings due by 1/15/2013; Discovery due by 4/15/2013; Discovery Motions due by 4/30/2013; Dispositive Motions to be filed by 6/14/2013; Deadline for completion of mediation is 4/30/2013. Status Conference set for 9/18/2012 at 09:30 AM before Magistrate Judge Therese Wiley Dancks; Defendants' attorney is directed to initiate the call in accordance with the Order. Jury Trial set for 9/16/2013 at 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge Therese Wiley Dancks on 7/11/12. (rjb, )
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 7/11/2012. Appearances: Terrance Hoffman, Esq. for Plaintiff; Jeffrey Brown, Esq. for Defendants. Pretrial deadlines are established, a scheduling order will be issued. Counsel anticipate 15-20 depositions. (FTR Recorded) (rjb, ) |
| Filing 4 CERTIFICATE OF SERVICE by John Does 1-5, C. Fuller, Town of DeWitt, Town of DeWitt Police Department re #3 CIVIL CASE MANAGEMENT PLAN (Brown, Jeffrey) |
| Filing 3 CIVIL CASE MANAGEMENT PLAN by John Does 1-5, C. Fuller, Town of DeWitt, Town of DeWitt Police Department. (Brown, Jeffrey) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/11/2012 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call using AT&T or other teleconferencing service and call Judge Dancks' chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. Pro-se plaintiffs will provide the court with a telephone number for use in placing the conference call. Civil Case Management Plan due by 6/27/2012. (mab) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, County of Onondaga, case number 2012-1609 (Filing fee $350 receipt number 2204720) filed by Town of DeWitt, Town of DeWitt Police Department, C. Fuller and John Does 1-5. (Attachments: #1 State Court Summons and Complaint, #2 State Court Answer filed by Defendants, #3 Civil Cover Sheet). (mab) |
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