Farrow v. Wigton, et al
| Thomas Farrow |
| The City of Syracuse, James H. Cecile, John H. Brunetti, Michael A. Manfredi, Andrew Wigton and Gordon Quonce |
| 5:2012cv01401 |
| September 13, 2012 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Livingston |
| Andrew T Baxter |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 102 Mail Returned as Undeliverable. re: 101 Order, sent to Thomas Farrow Address sent to 4445 South Salina Street, Apartment D Syracuse, NY 13205. (ztc, ) |
Filing 101
TEXT ORDER: Pursuant to General Order #22, Docket entry # 32 DVD Exhibits H, I, and K filed by Joseph R.H. Doyle, Esq. on behalf of defendants The City of Syracuse, Andrew Wigton, and Gordon Quonce in support of the #30 Motion are being returned to Attorney Joseph R.H. Doyle 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 9/24/2021. (Copy of this Text Order and the 3 CDs returned to Attorney via regular mail. Copy of NEF sent to Pro Se plaintiff) (gmd, )
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| Filing 100 Mail Returned as Undeliverable: The 5/18/2015 Text Minute Entry that was sent to Thomas Farrow at 168 Lincoln Ave., Syracuse, NY 13204 was returned. Envelope marked: "Return to Sender - Attempted Not Known - Unable to Forward." {The clerk is sending this docket event as well as the Text Minute Entry dated 5/18/2015 to Thomas Farrow at 4445 South Salina Street, Apartment D, Syracuse, NY 13205}. (rep) |
| Filing 99 Mail Returned as Undeliverable: The non-certified envelope containing the #90 Jury Trial - Completed, #91 Exhibit List, #92 Exhibit List, #93 Exhibit, #94 Jury Verdict, and #95 Judgment, sent to Thomas Farrow at 168 Lincoln Ave., Syracuse, NY 13204 was returned to sender. Envelope marked: "Return to Sender- Attempted Not Known - Unable to Forward - Return to Sender. {The clerk did not upload the attachments to this docket entry as the same documents were uploaded in entry #96 when the certified envelope of this mailing was returned}. (rep) |
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Filing 98
ORDER OF DISTRIBUTION of Pro Bono Funds payable to James A. Meggesto, Eaq. in the amount of $ 1,256.34. Signed by Chief Judge Gary L. Sharpe on 6/8/2015. (jel, )
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| Filing 97 Letter Motion from James A, Meggesto, Esquire for Thomas Farrow requesting Advising of Plaintiff's New Mailing Address submitted to Judge Baxter . (Meggesto, James) |
| The clerk has updated the docket to reflect the address for plaintiff provided by Mr. Meggesto in his #97 letter. That documents that were returned undeliverable at Dkt. No. #96 will be resent to the new address of 4445 South Salina Street, Apartment D, Syracuse, NY 13205. (mae) |
| Filing 96 Mail Returned as Undeliverable: The #90 Jury Trial - Completed, #91 Exhibit List, #92 Exhibit List, #93 Exhibit - sent to Thomas Farrow, #94 Jury Verdict, and #95 Judgment, which were sent to Thomas Farrow at 168 Lincoln Ave., Syracuse, NY 13204, were returned. Envelope marked: "Return to sender - Unable to Forward - Unable to Forward - Return to Sender." (rep) |
| Filing 95 JUDGMENT: in favor of The City of Syracuse, Andrew Wigton, Gordon Quonce, James H. Cecile, John H. Brunetti and Michael A. Manfredi against Thomas Farrow. [Copy served upon plaintiff via regular mail.] (nmk) |
| Filing 94 JURY VERDICT in favor of defendants. [Copy served upon plaintiff via regular mail.] (nmk) |
| Filing 93 COURT EXHIBITS 1 and 2. [Copy served upon plaintiff via regular mail.] (nmk) |
| Filing 92 Defendants' Exhibit List completed at trial. [Copy served upon plaintiff via regular mail.] (nmk) |
| Filing 91 Plaintiff's Exhibit List completed at trial. [Copy served upon plaintiff via regular mail.] (nmk) |
| Filing 90 Minute Entry for Day 3 of Jury Trial held on 5/20/2015 before U.S. Magistrate Judge Andrew T. Baxter: Jurors continue deliberations. Jury returns a verdict of no cause of action on behalf of plaintiff against defendants. Jury is excused. Exhibits returned to counsel, with the exception of P-7, P-8 and D-2, which the Court will maintain for 30 days. Appearances: James Meggesto, Esq. for plaintiff; Joseph Doyle and Shannon O'Connor, Esq. for defendants. CRD: N. Eallonardo. (Court Reporter: Diane Martens) [Copy served upon plaintiff via regular mail.] (nmk) |
| A copy of the #89 Minute entry was personally served upon plaintiff in court. (nmk) |
| Text Notice of Receipt and Return of Subpoenaed Documents: Documents subpoenaed from Rural/Metro Medical Services by James Meggesto have been received by the Syracuse Clerk's Office. Since the trial in this matter has concluded and these documents were not received as evidence during trial, the documents subpoenaed from Rural/metro Medical Services by James Meggesto have been returned to Rural/Metro Medical Center. (nmk) |
| Copies of Dkt. Nos. 90 - 95 also served upon plaintiff via certified mail. (nmk) |
| Filing 89 Minute Entry for Day 2 of Jury Trial held on 5/19/2015 before U.S. Magistrate Judge Andrew T. Baxter: Defendants' witnesses: Andrew Wigton, Gordon Quonce, Christopher Smith and Michael Heenan. Closing arguments by Ms. O'Connor and Mr. Meggesto. Judge charges jury and reviews verdict form. Courtroom Security Officers are sworn. Jury retires for deliberation. Court receives Jury Note # 1. Jury excused for the day. Court in recess until 9:30 a.m. on May 20, 2015. Appearances: James Meggesto, Esq. for plaintiff; Joseph Doyle and Shannon O'Connor, Esq. for defendants. CRD: N. Eallonardo. (Court Reporter: Diane Martens) (nmk) |
| Served minutes entered on 5/18/2015 upon plaintiff by regular mail. (sal, ) |
| TEXT Minute Entry for proceedings held before US Magistrate Judge Andrew T. Baxter: Jury Selection, Voir Dire, and Jury Trial held on 5/18/2015. 9:16 AM - Court meets w/ counsel to discuss logistics of trial on the record. Plaintiff is not yet present. Court recesses. 10:19 AM - Plaintiff is present. Jury Panel of nineteen individuals are seated in the courtroom. Judge Baxter makes introductory remarks. Clerk swears in Jury Panel. Fourteen jurors are seated in the jury box. Judge Baxter conducts voir dire. 11:18 AM - Attorneys conduct voir dire. Defendants challenge for cause is denied. Attorneys exercise three peremptory challenges each. Eight Jurors are selected and they are satisfactory to the parties. Remaining jurors are excused with the thanks of the court. Jury is drawn and sworn. Judge Baxter gives preliminary instructions to the Jury. 1:19 PM - Opening statements are made by counsel. Plaintiff's counsel calls Ralph Bowering, Luke Powell, and Thomas Farrow as witnesses. Exhibits D-2 (a video of outside store footage) and P-7 (video of plaintiffs arrest) are viewed in the courtroom. 3:39 PM - Plaintiff rests. Jury is excused from the courtroom. Defendants' counsel makes Rule 50 motion. Plaintiff's counsel opposes this motion. Judge denies defendants' Rule 50 motion as this time. Defendants' counsel calls Andrew Wigton as a witness. 4:45 PM - Jury is excused. Plaintiff requests permission from the court to not be present for the trial tomorrow. Defendants' counsel opposes this request. Plaintiff agrees to be here for tomorrow's proceeding. 4:52 PM - Court recesses until tomorrow, 5/19/2015, at 9:30 AM. Counsel, however, is required to appear at 9:15 AM tomorrow. APP: APP: James Meggesto, Esq., Joseph Doyle, Esq., and Shannon O'Connor, Esq.. (Court Reporter Diane Martens). (sal, ) |
| TEXT NOTICE: The Clerk is in receipt of subpoenaed records from Upstate University Hospital. (mae) |
| Text Minute Entry for final pretrial conference held before U.S. Magistrate Judge Andrew T. Baxter on 5/12/2015: Counsel have agreed to stipulate to the admission of the outside surveillance video and the "Luke" video. In light of this stipulation many of the witnesses on plaintiff's list will not need to be called. The trial is expected to last 2-3 days. Judge directs counsel to provide him with a copy of all other exhibits by the end of the week. Parties are in agreement that all that remains at issue for trial is the excessive force charge against defendants Wigton and Quonce. Judge provides counsel with proposed special interrogatories which would be used to determine the issue of qualified immunity, only if a verdict is reached in favor of the plaintiff. Counsel agree with the bifurcation of this issue. Judge will allow further objections to the proposed special interrogatories at the charge conference. Evidentiary issues are discussed. The voir dire process is explained and the preliminary charge and jury instructions are discussed. Counsel will have a further opportunity to raise any objections as the trial progresses. Plaintiff will make their opening argument first. Summations will be made by defendant, then plaintiff, with no rebuttal closing allowed. Judge directs counsel to report for trial at 9:00 a.m. on 5/18/2015. Jury selection will begin at 9:30 and the court is hopeful that plaintiff will begin presenting their case on Monday afternoon. Appearances: James Meggesto, Esq. for plaintiff; Joseph R.H. Doyle, Esq. and Shannon T. O'Connor, Esq. for defendants. Time: 2:10 p.m. - 2:56 p.m. (Court Reporter: Diane Martens) (mae) |
| Filing 88 CERTIFICATE OF SERVICE by Gordon Quonce, Andrew Wigton re #87 Response in Opposition to Motion (Doyle, Joseph) |
| Filing 87 RESPONSE in Opposition re #86 MOTION in Limine Response in Support re #75 filed by Gordon Quonce, Andrew Wigton. (Doyle, Joseph) |
| Filing 86 MOTION in Limine filed by Thomas Farrow. (Meggesto, James) |
| Filing 85 PROPOSED VERDICT FORM by Thomas Farrow. (Meggesto, James) |
| Filing 84 Exhibit List by Thomas Farrow. (Meggesto, James) |
| Filing 83 Court Ordered Voir Dire by Thomas Farrow. (Meggesto, James) |
| Filing 82 Witness List by Thomas Farrow. (Meggesto, James) |
| Filing 81 Witness List by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| TEXT NOTICE re #86 Motion in Limine: Response to Motion is due by 5/8/2015. (mae) |
| Filing 80 TRIAL BRIEF Memorandum of Law by Thomas Farrow. (Meggesto, James) |
| Filing 79 RESPONSE to Motion re #75 MOTION in Limine Affirmation in Opposition to the Motion in Limine filed by Thomas Farrow. (Attachments: #1 Memorandum of Law)(Meggesto, James) |
| Filing 78 Proposed Jury Instructions by Thomas Farrow. (Meggesto, James) |
| Filing 77 Proposed Voir Dire by Thomas Farrow. (Meggesto, James) |
| Filing 76 Court Ordered Voir Dire by Thomas Farrow. (Meggesto, James) |
| Filing 75 MOTION in Limine filed by Gordon Quonce, The City of Syracuse, Andrew Wigton. (Attachments: #1 Memorandum of Law, #2 Exhibit(s)) (O'Connor, Shannon) |
| Filing 74 Proposed Voir Dire by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| Filing 73 Witness List by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| Filing 72 PROPOSED VERDICT FORM by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| Filing 71 Proposed Jury Instructions by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| Filing 70 Exhibit List by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| Filing 69 TRIAL BRIEF by Gordon Quonce, Andrew Wigton. (O'Connor, Shannon) |
| Filing 68 TEXT ORDER: Plaintiff's #66 letter request seeking an extension of time to submit pre-trial submissions is GRANTED. Plaintiff's submissions shall be filed on or before 5/5/2015 at 12:00 noon. Defendants' #67 request for a similar extension is DENIED. Defendants' are granted a brief extension and shall file their pretrial submissions by 5:00 p.m. on 5/1/2015. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/29/2015. (mae) |
| Filing 67 Letter Motion from Joseph R. H. Doyle, Esq. for Gordon Quonce, Andrew Wigton requesting to join Plaintiff counsel's request to extend time to file pre-trial submissions . (Doyle, Joseph) |
| Filing 66 Letter Motion from James for Thomas Farrow requesting Extension of Time submitted to Judge Andrew T. Baxter . (Meggesto, James) |
| TEXT NOTICE of Hearing CHANGE: The final pretrial conference is rescheduled to 5/12/2015 at 2:00 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's attorney is reminded to initiate the call to chambers at 315-234-8600. (mae) |
| Filing 65 PRETRIAL SCHEDULING ORDER: Jury Trial set for 5/18/2015 at 9:30 a.m. in Syracuse before U.S. Magistrate Judge Andrew T. Baxter. Pretrial Submissions, including any motions in limine, are due by NOON on 5/1/2015. Responses to any motions in limine are to be filed by NOON on 5/7/2015. Final pretrial conference is set for 5/11/2015 at 11:30 a.m. Signed by U.S. Magistrate Judge Andrew T. Baxter on 2/9/2015. (mae) |
| TEXT NOTICE of Hearing: Final Pretrial Conference set for 5/11/2015 at 11:30 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's attorney is directed to initiate the call to chambers at 315-234-8600.(mae) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the #64 Consent to Jurisdiction by U.S. Magistrate Judge entry to reflect that the document was filed on 2/5/2015 and not on 2/6/2015. (rep) |
| DOCKET ANNOTATION: The Consent Before a Magistrate Judge form was not served on pro se plaintiff as the Court does not have a current address on file and pro bono counsel was served with an electronic copy. (rep) |
| Filing 64 CONSENT TO JURISDICTION BY U.S. MAGISTRATE JUDGE: Case reassigned to US Magistrate Judge Andrew T. Baxter for all further proceedings. District Judge Lawrence E. Kahn terminated. Signed by Senior Judge Lawrence E. Kahn on February 5, 2015. (rep) Modified on 2/6/2015 - to correct the filed date and have it reflect that the document was filed on 2/5/2015 (rep). |
| Filing 63 MAIL RETURNED UNDELIVERABLE: As to the text notice regarding the status conference that was sent to Thomas Farrow at 168 Lincoln Ave., Syracuse, NY 13204. Envelope marked, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." (rep) |
| Text Minute Entry for telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 1/15/2015: Attorney Meggesto advises that he remains in contact with his client and they are prepared to go to trial. Defense counsel confirm that the defendants position on settlement has not changed. Parties anticipate consenting to the jurisdiction of a Magistrate Judge in this matter. Jury trial, before Judge Baxter, is tentatively scheduled to begin on 5/18/2015 in Syracuse and is expected to last 3-4 days. Once this matter has formally been assigned to Judge Baxter for disposition, a pretrial scheduling order will be issued. Appearances: James Meggesto, Esq. for plaintiff; Joseph R.H. Doyle, Esq. and Shannon T. O'Connor, Esq. for defendants. Time: 11:30 a.m. - 11:38 a.m. (mae) |
| TEXT NOTICE of Hearing: A telephonic status conference is set for 1/15/2015 at 11:30 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call to chambers at 315-234-8600. (mae) |
| Filing 62 LETTER BRIEF by Thomas Farrow. (Meggesto, James) |
| Filing 61 Mail Returned as Undeliverable. Text Minute Entry of 10/9/2014 sent to Thomas Farrow. Address sent to (redacted). (lah) |
| Filing 60 TEXT ORDER: Two recent notices, mailed to plaintiff at the address he reported to the court on 7/31/2014, were returned as undeliverable. (See Dkt. Nos. #58 , #59 ). Plaintiff's pro bono counsel reports that he has been unable to reach plaintiff so that they could discuss his case. PLAINTIFF IS DIRECTED TO NOTIFY THE COURT, IN WRITING BY 11/14/2014, OF HIS CURRENT CONTACT INFORMATION SO THAT THE COURT AND HIS PRO BONO COUNSEL MAY COMMUNICATE WITH HIM. PLAINTIFF'S FAILURE TO TIMELY PROVIDE THE COURT WITH RELIABLE CONTACT INFORMATION MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING THE POSSIBLE DISMISSAL OF PLAINTIFF'S ACTION. The Clerk is directed to attempt to serve a copy of this text order, as well as a copy of #57 the Order appointing pro bono counsel which contains counsel's contact information to plaintiff by mailing it to (1) c/o plaintiff's parole officer in Syracuse, NY; (2) c/o Claudia M. Farrow, XXXXXXXXXXXXX, Syracuse, NY 13203; (3) c/o Thomas D. Farrow, Jr., XXXXXXXXXXXXX, Syracuse, NY 13202; and (4) plaintiff's last known address, 168 Lincoln Ave Syracuse, NY 13204. Pro bono counsel is directed to advise the court if he is able to locate plaintiff and if he learns whether plaintiff desires to continue prosecuting this action. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/10/2014. (mae) |
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Plaintiff has been served with a copy of the 10/9/2014 minute entry, 60 text order, and #57 order appointing pro bono counsel, in accordance with the directions provided by Magistrate Judge Baxter in the 60 text order. (mae)
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| Text Minute Entry for telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 10/9/2014: Judge Baxter advises counsel that he will issue a text order giving the plaintiff another opportunity to demonstrate that he intends on prosecuting this case. If plaintiff fails to provide the court with current contact information, it may result in the dismissal of this action. Attorney Meggesto advises that he will continue to make attempts to contact Mr. Farrow. Appearances: James Meggesto, Esq. for plaintiff; Joseph R.H. Doyle, Esq. and Shannon T. O'Connor, Esq. for defendants. Time: 2:30 p.m. - 2:40 p.m. (mae) |
| Filing 59 Mail Returned as Undeliverable regarding the Notice of Teleconference dated 9/25/2014, sent to Thomas Farrow via regular mail at the Address of 168 Lincoln Ave, Syracuse, NY 13204. Envelope marked as "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (mc) |
| Filing 58 Mail Returned as Undeliverable regarding the #57 Order Appointing Pro Bono Counsel sent to Thomas Farrow via regular mail at the Address of 168 Lincoln Ave, Syracuse, NY 13204. Envelope marked as "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (mc) |
| Filing 57 ATTORNEY APPOINTMENT ORDER: Attorney James A. Meggesto is appointed as pro bono trial counsel for Thomas Farrow. At the conclusion of pro bono representation, counsel may access the fillable Pro Bono Fund Voucher Request for Reimbursement Form using the following link: http://www.nynd.uscourts.gov/sites/nynd/files/forms/ProBonoVoucherForm_mtdFILLABLE.pdf. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/15/2014. {Order served upon pro se plaintiff via regular mail} (mae) (Main Document 57 replaced on 9/15/2014 and e-mailed to counsel of record) (mae) |
| Filing 56 NOTICE OF CHANGE OF ADDRESS: filed by Thomas Farrow. Effective Date 7/31/2014. Old Address: 120 Gifford St., Syracuse, NY 13202 New Address: 168 Lincoln Ave, Syracuse, NY 13204. (nmk) |
| Filing 55 NOTICE OF CHANGE OF ADDRESS: filed by Thomas Farrow. Effective Date 6/3/2014. Old Address: Groveland Correctional Facility, 7000 Sonyea Road, Sonyea, NY 14556. New Address: 120 Gifford St., Syracuse, NY 13202. (nmk) |
| Filing 54 TEXT ORDER granting #47 Letter Request for appointment of pro bono trial counsel. Once an attorney has accepted the assignment, the parties will be advised by a separate order. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/23/2014. {Text order served upon pro se plaintiff via regular mail} (mae) |
| Text Minute Entry for stenographically recorded telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 4/23/2014: Plaintiff advises the court that his anticipated release date is 5/23/2014 and he intends on residing in the Syracuse area. He is instructed to advise the court and defense counsel of his new address and phone number upon release. Judge Baxter grants plaintiff's request for appointment of pro bono trial counsel. Plaintiff is advised that once an attorney is appointed, all future submissions shall be made through counsel. Discussion is held about the parties interest in consenting to the jurisdiction of a Magistrate Judge. Judge Baxter advises plaintiff that he should consult with counsel before making a final decision in that regard. Appearances: Thomas Farrow, plaintiff pro se; and Joseph R.H. Doyle, Esq. for defendants. (Court Reporter: Eileen McDonough. Time: 11:00 a.m. - 11:15 a.m.) {Text minute entry served upon plaintiff via regular mail} (mae) |
| Filing 53 TEXT ORDER: A telephonic conference is set for 4/23/2014 at 11:00 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Groveland Correctional Facility is directed to ensure that the plaintiff is available to participate in the conference call. The conference call-in information is as follows: Toll-Free Conference Line No. 877-873-8017; Access Code 3362194. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/18/2014. {Order served upon pro se plaintiff via regular mail and Groveland CF via fax.} (mae) |
| Filing 52 CERTIFICATE OF SERVICE by Gordon Quonce, Andrew Wigton re #51 Notice of Appearance (O'Connor, Shannon) |
| Filing 51 NOTICE of Appearance by Shannon T. O'Connor on behalf of Gordon Quonce, Andrew Wigton (O'Connor, Shannon) |
| Filing 50 Letter, dated 4/7/2014, to the Clerk from Thomas Farrow. (nmk) |
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Filing 49
MEMORANDUM-DECISION and ORDERED, that Defendants City of Syracuse, Andrew Wigton, and Gordon Quonces Motion (Dkt. No. 30) is GRANTED in part and DENIED in part. Summary judgment shall enter in favor of Defendant City of Syracuse on Plaintiffs claim for failure to train police officers; and it is further ORDERED, that Defendant City of Syracuse is DISMISSED from this action; and it is further ORDERED, that Defendants Letter Motion (Dkt. No. 38) to consider their Motion for summary judgment unopposed is DENIED; and it is further ORDERED, that Plaintiff Thomas Farrows Cross-Motion (Dkt. No. 40) for summary judgment are DENIED. Signed by Senior Judge Lawrence E. Kahn on March 31, 2014.***A copy of this order was served upon the pro se plaintiff by regular US mail. (sas)
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| Filing 48 NOTICE OF CHANGE OF ADDRESS: filed by Thomas Farrow. Effective Date 3/26/2014. Old Address: Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902. New Address: Groveland Correctional Facility, 7000 Sonyea Road, Sonyea, NY 14556. (nmk) |
| Filing 47 Letter Motion: from Thomas Farrow requesting the status of his case and that the Court appoint him an attorney. The Clerk notes that pursuant to the plaintiff's notification in this letter that he is now incarcerated and the new address listed on the mailing envelope, plaintiff's address has been updated on the case docket. Old Address: 157 Ballantyne Road, Apt. # 110 - A, Syracuse, NY 13205. New Address: Elmira Correctional Facility, P.O. Box 500, Elmira, NY 14902. The Clerk confirmed plaintiff's location and ID Number through the NYSDOCCS website. [Copy of the docket sheet sent to pro se plaintiff via regular mail.] (nmk) |
| Filing 46 NOTICE OF CHANGE OF ADDRESS: filed by Thomas Farrow, Effective Date 12/20/2013. Old Address: 120 Gifford Street, Syracuse, NY 13202. New Address: 157 Ballantyne Road, Apt. # 110 - A, Syracuse, NY 13205. (nmk) |
| Filing 45 CERTIFICATE OF SERVICE by Gordon Quonce, The City of Syracuse, Andrew Wigton re #44 Reply to Response to Motion, Opposition to Cross Motion (Doyle, Joseph) |
| Filing 44 REPLY to Response to Motion re #30 MOTION for Summary Judgment and OPPOSITION to #40 CROSS MOTION to Dismiss filed by Gordon Quonce, The City of Syracuse, Andrew Wigton. (Attachments: #1 Exhibit(s) Teleconference Transcript Excerpts, #2 Exhibit(s) Notification of Consequences, #3 Exhibit(s) Motion for Extension, #4 Memorandum of Law in support of REPLY/OPPOSITION)(Doyle, Joseph) Modified on 11/21/2013 to clarify docket text. (nmk) |
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Filing 43
LETTER REQUEST and ORDER re #42 Letter Motion for Thomas Farrow requesting to appear via a Telephone Conference filed by Thomas Farrow. The dates mentioned are for a reply to the response motion deadline (11/26/13) and for the motion hearing itself (12/06/13). An appearance is never required for a reply & the motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Therefore, the plaintiff is not required to travel for either date & his request to appear via telephone is denied as moot. Signed by Senior Judge Lawrence E. Kahn on November 19, 2013. (sas)
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| Filing 42 LETTER REQUEST: from Thomas Farrow requesting a Telephone Conference. (nmk) |
| Reset Deadlines as to #30 MOTION for Summary Judgment & Cross Motion to #40 Dismiss. Response to Motion due by 11/20/2013. Reply to Response to Motion due by 11/26/2013. Motion Hearing is set for 12/6/2013 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. (sas) |
| Filing 41 MEDICAL RECORDS: in support of the #40 Response and Cross Motion, filed by Thomas Farrow. (nmk) |
| Filing 40 RESPONSE AND CROSS MOTION: to Dismiss the #30 Motion for Summary Judgment, filed by Thomas Farrow. Response/ Cross Motion also notes a Change of Address. Old Address: 420 Gifford Street, Syracuse, NY 13202. New Address: 120 Gifford Street, Syracuse, NY 13202. Address updated on case docket. (Attachments: #1 Statement of Material Facts, #2 Certificate of Service and Mailing Envelope) (nmk) |
| Filing 39 CERTIFICATE OF SERVICE by Gordon Quonce, The City of Syracuse, Andrew Wigton re #38 Letter Motion from Joseph R. H. Doyle, Esq. for Gordon Quonce, The City of Syracuse, Andrew Wigton requesting Dismissal of Plaintiff's Complaint for failing to respond to Defendants' Motion for Summary Judgment submitted to Judge Lawrence E. Khan (Doyle, Joseph) |
| Filing 38 Letter Motion from Joseph R. H. Doyle, Esq. for Gordon Quonce, The City of Syracuse, Andrew Wigton requesting Dismissal of Plaintiff's Complaint for failing to respond to Defendants' Motion for Summary Judgment submitted to Judge Lawrence E. Khan . (Doyle, Joseph) |
| Filing 37 TRANSCRIPT of Proceedings: Telephone Conference held on 8/6/2013 before Judge Baxter, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. 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 10/22/2013. Redacted Transcript Deadline set for 11/1/2013. Release of Transcript Restriction set for 12/30/2013. Notice of Intent to Redact due by 10/7/2013 (etm, ) |
| Filing fee: $ 23.79, receipt number SYR036540 (klg, ) |
| Filing 36 NOTICE of Change of Address by Thomas Farrow, Effective Date 9/10/2013. Old Address: Groveland Correctional Facility, 7000 Sonyea Road, Sonyea, NY 14556. New Address: 420 Gifford Street, Syracuse, NY 13202. (nmk) |
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Filing 35
LETTER REQUEST and ORDER granting #33 Motion for Extension of Time to File Response/Reply re #30 MOTION for Summary Judgment . Response to Motion due by 10/1/2013. Reply to Response to Motion due by 10/8/2013. The new motion return date is 10/18/13. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on September 05, 2013. (sas)
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| Filing 34 TRANSCRIPT REQUEST by The City of Syracuse for proceedings held on August 6, 2013 before Judge Baxter.. (Doyle, Joseph) |
| Filing 33 MOTION: for Extension of Time to File Response regarding the #30 MOTION for Summary Judgment, filed by Thomas Farrow, Pro Se. (nmk) |
| Filing 32 SUPPORTING EXHIBITS: DVD Exhibit H, DVD Exhibit I and CD Exhibit K, regarding the #30 MOTION for Summary Judgment, maintained in the Syracuse Clerk's Office and not available for electronic view. (nmk) Modified on 8/15/2013, Copy of Notice served upon Pro Se Plaintiff via regular mail. (nmk). |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk replaced the # 7 attachment of the #30 Motion for Summary Judgment in order to apply redactions to personal identifiers. Copy served upon Pro Se Plaintiff via regular mail. (nmk) |
| Filing 31 CERTIFICATE OF SERVICE by Gordon Quonce, The City of Syracuse, Andrew Wigton re #30 MOTION for Summary Judgment (Doyle, Joseph) |
| Filing 30 MOTION for Summary Judgment Motion Hearing set for 9/20/2013 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 9/3/2013 Reply to Response to Motion due by 9/9/2013. filed by Gordon Quonce, The City of Syracuse, Andrew Wigton. (Attachments: #1 Statement of Material Facts, #2 Declaration, #3 Affidavit Andrew Wigton, #4 Affidavit Gordon Quonce, #5 Affidavit Brett A. Smith, #6 Exhibit(s) Arrest Report, #7 Exhibit(s) Smith Statement, #8 Exhibit(s) Photos D-1 - D-5, #9 Exhibit(s) Fraher Narrative Supp, #10 Exhibit(s) Outside DVD, #11 Exhibit(s) Inside DVD, #12 Exhibit(s) Herrington Form photos, #13 Exhibit(s) SPD photos, #14 Exhibit(s) Plea Transcript, #15 Exhibit(s) Cert of Conviction, #16 Exhibit(s) Plaintiff's Statement Complaint p.15, #17 Exhibit(s) Pro Se Notice of Consequences for Failure to Respond, #18 Memorandum of Law) (Doyle, Joseph) (Attachment 7 replaced on 8/15/2013) (nmk, ). |
| Text Minute Entry for stenographically recorded telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 8/6/2013: Discussion held regarding plaintiff's #28 letter request to join parties/amend the complaint. Judge Baxter explains that based upon the #11 Order it may not be a productive exercise for plaintiff to pursue a formal motion to amend his complaint. Plaintiff agrees. Defense counsel confirms that he intends on filing a summary judgment motion and the City will not entertain any settlement discussions until after a decision has been issued on that motion. Plaintiff advises the court that his anticipated release date is 9/6/2013. He is instructed to advise the court of his new address upon release. Appearances: Thomas Farrow, plaintiff pro se; and Joseph R.H. Doyle, Esq. for defendants. (Court Reporter: Eileen McDonough) {Text minute entry served upon plaintiff via regular mail} (mae) |
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Filing 29
ORDER TO STRIKE the #28 Letter Request seeking permission to join additional defendants. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/1/2013.{Order served upon pro se plaintiff via regular mail} (mae)
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| TEXT NOTICE of Hearing: A telephonic conference is set for 8/6/2013 at 11:30 a.m. before U.S. Magistrate Judge Andrew T. Baxter. The court will initiate the conference call. {Text notice served upon pro se plaintiff via regular mail} (mae) |
| Filing 28 **STRICKEN FROM THE DOCKET** LETTER REQUEST: Submitted to Magistrate Judge Andrew T. Baxter by Thomas Farrow requesting permission to join two additional parties as defendants. (mae) Stricken on 8/1/2013. (mae) |
| Filing 27 TEXT ORDER granting defendants' #25 letter request for an extension of time. The deadline for the filing of dispositive motions is extended to 8/16/2013. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/14/2013. {Text order served upon pro se plaintiff via regular mail} (mae) |
| Filing 26 CERTIFICATE OF SERVICE by Gordon Quonce, The City of Syracuse, Andrew Wigton re #25 Letter Motion from Joseph R. H. Doyle, Esq. for Gordon Quonce, The City of Syracuse, Andrew Wigton requesting motions deadline extension submitted to Judge Andrew T. Baxter (Doyle, Joseph) |
| Filing 25 Letter Motion from Joseph R. H. Doyle, Esq. for Gordon Quonce, The City of Syracuse, Andrew Wigton requesting motions deadline extension submitted to Judge Andrew T. Baxter . (Doyle, Joseph) |
| Filing 24 Mail Returned as Undeliverable: The 1/11/2013 Text Notice sent to Thomas Farrow has been returned undeliverable due to an insufficient address. The Text Notice has been resent to the pro se plaintiff at Groveland Correctional. (mae) |
| TEXT NOTICE re #23 Letter: Where an inmate has been granted in forma pauperis status, the $350.00 filing fee is deducted from the inmate's account over time based upon the available balance in the account. See 28 U.S.C. 1915. Plaintiff is advised that questions regarding the method and timing of deductions should be addressed to the inmate accounts office at his facility. {Text notice served upon pro se plaintiff via regular mail} (mae) |
| Filing 23 Letter and Affidavit of Service from Thomas Farrow re the $350.00 filing fee. (sfp, ) |
| TEXT NOTICE re #22 Letter from Thomas Farrow: It is not the Clerk's responsibility to serve the other parties with the documents filed by plaintiff with the court. Notwithstanding his in forma pauperis (poor person) status, plaintiff is required to serve a copy of anything he files with the court on opposing counsel, at his own expense. The plaintiff is not required to provide a copy, to the defendants or their attorney, of documents sent to plaintiff by the court or the clerk. To the extent plaintiff makes discovery requests directed to the defendants, he must send defense counsel those requests at his own expense, but he is not required to file a copy of such discovery demands with the court. Plaintiff is also required to serve responses to any discovery demands sent to him by the defendants at his expense but, again, does not need to file a copy with the court. To the extent plaintiff cannot afford to provide copies, to the defendants, of documents he is required to produce, under the court's Pretrial Discovery and Scheduling Order, or in response to defendants' document demands, he may notify defense counsel that he is making those documents available for inspection by the defendants, listing the documents that are being made available. The defendants may then make copies of such documents at their expense. {Text notice served upon pro se plaintiff via regular mail} (mae) |
| Filing 22 Letter addressed to Magistrate Judge Baxter from Thomas Farrow stating he can not afford to copy his paperwork involved in this case due to being placed in SHU. (sfp, ) |
| Filing 21 BILL OF COSTS submitted by the US Marshals Service to recover costs of service in the amount of $24.00. (alh, ) |
| Filing 20 ACKNOWLEDGMENT OF SERVICE Executed as to Gordon Quonce served on 12/14/2012, answer due 1/4/2013. (nas ) |
| Filing 19 ACKNOWLEDGMENT OF SERVICE Executed as to The City of Syracuse served on 12/14/2012, answer due 1/4/2013. (nas, ) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE Executed as to Andrew Wigton served on 12/14/2012, answer due 1/4/2013. (nas ) |
| Filing 17 Prisoner Trust Fund Account Statement. (alh, ) |
| Filing 16 MANDATORY PRETRIAL DISCOVERY AND SCHEDULING ORDER: Discovery due by 4/15/2013. Motions to be filed by 6/17/2013. Signed by U.S. Magistrate Judge Andrew T. Baxter on 12/14/2012. {Copy served upon pro se plaintiff via regular mail} (mae) |
| Filing 15 CERTIFICATE OF SERVICE by Gordon Quonce, The City of Syracuse, Andrew Wigton re #14 Answer to Complaint (Doyle, Joseph) |
| Filing 14 ANSWER to #1 Complaint by Gordon Quonce, The City of Syracuse, Andrew Wigton.(Doyle, Joseph) |
| Filing 13 Summons Issued as to The City of Syracuse, Gordon Quonce, and Andrew Wigton. (Attachments: #1 City of Syracuse summons, #2 Quonce summons, #3 Wigton summons)(amt) |
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Filing 12
ORDER directing the issuance of summonses to the USMS for service upon the remaining Defendants. Signed by US Magistrate Judge Andrew T. Baxter on 11/20/2012. (amt) [Pltf served via reg. mail]
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Filing 11
ORDERED, that the Report-Recommendation (Dkt. No. 5) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiffs claims against Defendants CECILE, BRUNETTI, and MANFREDI are DISMISSED sua sponte with prejudice based upon absolute immunity pursuant to 28 U.S.C. 1915(e)(2)(B) (iii); and it is further ORDERED, that this case proceed only as to Plaintiffs claims of excessive force and only against Defendants WIGTON, QUONCE, and THE CITY OF SYRACUSE, and that the Clerk of the Court return the Complaint (Dkt. No. 1) to Judge Baxter for the purpose of ordering service on the remaining Defendants. Signed by Senior Judge Lawrence E. Kahn on November 20, 2012. (sas)
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| Filing 10 INMATE AUTHORIZATION FORM by Thomas Farrow. (sfp, ) |
| TEXT ORDER: Plaintiff has submitted the required authorization form as directed by the Court. (Dkt. No. #7 ). Accordingly, the #6 Amended Motion for Leave to Proceed in forma pauperis is GRANTED. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 10/4/2012. {Text Order served upon pro se plaintiff via regular mail} (mae) |
| Filing 9 Letter from Thomas Farrow stating that he did not know that #5 Order was sent to him. He asks that the Court re-serve it upon him. (sfp, ) |
| Filing 8 Mail Returned as Refused. re: #5 Report and Recommendations,, sent to Thomas Farrow Address sent to Groveland Correctional Facility, 7000 Sonyea Road, Sonyea, NY 14556. (sfp, ) |
| Clerk is serving #5 Order upon plaintiff by mail pursuant to plaintiff's #9 request. (sfp, ) |
| Filing 7 INMATE AUTHORIZATION FORM by Thomas Farrow. (mae) |
| Filing 6 AMENDED MOTION for Leave to Proceed in forma pauperis with attached Civil Cover Sheet and summons submitted by Thomas Farrow. (sfp, ) Modified event type on 9/25/2012. (mae) |
| Filing 5 REPORT AND RECOMMENDATIONS: GRANTING Pltf's #2 MOTION for Leave to Proceed in forma pauperis; ORDERING Pltf to submit the proper authorization form in as directed by the Court's #4 Order; Recommending the claims against Defts Cecile, Brunetti, and Manfredi be dismissed. If the recommendation is accepted, the file shall be returned to Magistrate Judge Baxter to order service upon the remaining Defts. Objections to R&R due by 10/4/2012; Case Review Deadline 10/9/2012. Signed by US Magistrate Judge Andrew T. Baxter on 9/17/2012. (amt) [Pltf served via reg. mail] |
| Set Deadlines/Hearings: Notice of Compliance Deadline 10/15/2012. Case Review Deadline 11/13/2012. (sfp, ) |
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Filing 4
ORDER DIRECTING COMPLIANCE WITH FILING FEE REQUIREMENTS. Signed by US Magistrate Judge Andrew T. Baxter on 9/13/12. [Served by mail along with a blank inmate authorization form.](sfp, )
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| Filing 3 INMATE AUTHORIZATION FORM by Thomas Farrow. (alh, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Thomas Farrow. Motions referred to Andrew T. Baxter. (alh, ) |
| Filing 1 COMPLAINT against John H. Brunetti, James H. Cecile, Michael A. Manfredi, Gordon Quonce, The City of Syracuse, Andrew Wigton filed by Thomas Farrow. (Attachments: #1 Civil Cover Sheet)(alh, ) |
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