Grant et al v. City of Syracuse et al
Plaintiff: Stephanie Grant and Alonzo Grant
Defendant: Damon Lockett, Syracuse Police Department, City of Syracuse, Does 1-100, Chief of Police Frank Fowler, Paul Montalto and Brian Novitsky
Not Classified By Court: William Pease and Gustave J. DiBianco
Case Number: 5:2015cv00445
Filed: April 14, 2015
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Onondaga
Presiding Judge: Therese Wiley Dancks
Referring Judge: David N Hurd
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2019 Opinion or Order Filing 228 Supplemental Electronic Certification transmitted to US Court of Appeals re #196 Notice of Appeal, #209 Notice of Appeal (khr)
September 27, 2019 Opinion or Order Filing 227 TRANSCRIPT of Proceedings: Jury Trial - Day 11 held on 10/23/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 226 TRANSCRIPT of Proceedings: Jury Trial - Day 10 held on 10/22/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 225 TRANSCRIPT of Proceedings: Jury Trial - Day 9 held on 10/19/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 224 TRANSCRIPT of Proceedings: Jury Trial - Day 8 held on 10/18/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 223 TRANSCRIPT of Proceedings: Jury Trial - Day 7 held on 10/17/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 222 TRANSCRIPT of Proceedings: Jury Trial - Day 6 held on 10/16/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 221 TRANSCRIPT of Proceedings: Jury Trial - Day 5 held on 10/15/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 220 TRANSCRIPT of Proceedings: Jury Trial - Day 4 held on 10/12/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 219 TRANSCRIPT of Proceedings: Jury Trial - Day 3 held on 10/11/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 218 TRANSCRIPT of Proceedings: Jury Trial - Day 2 held on 10/10/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 27, 2019 Opinion or Order Filing 217 TRANSCRIPT of Proceedings: Jury Trial - Day 1 held on 10/9/18 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy Freddoso, Telephone number: (315) 793-8114. 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 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. Notice of Intent to Redact due by 10/2/2019 (hfc, )
September 10, 2019 Opinion or Order Filing 216 Letter Motion from MATT McCULLEY for Alonzo Grant, Stephanie Grant requesting TRANSCRIPT ORDER submitted to Judge HON. DAVID N. HURD . (Bonner, Charles)
September 10, 2019 Opinion or Order Filing 215 TRANSCRIPT REQUEST by Alonzo Grant, Stephanie Grant for proceedings held on 10/9/18-10/19/18 before Judge HON. DAVID N. HURD.. (Attachments: #1 Supplement FORM AO 435)(Bonner, Charles)
June 26, 2019 Opinion or Order Filing 214 Supplemental Electronic Certification transmitted to US Court of Appeals, re #196 Notice of Appeal, #209 Notice of Appeal. (see)
June 26, 2019 Opinion or Order Filing 213 Flash drive containing EXHIBITS 1-4 to the #184 Reply to Response to Motion by Damon Lockett and Paul Montalto. (see)
June 12, 2019 Opinion or Order Filing 212 TEXT ORDER: Court has reviewed notice of withdrawal (Dkt. No. #211 ) regarding Attorney Paul Tuck. The Clerk is directed to terminate Attorney Tuck from the docket as counsel for defendants. All other counsel for defendants shall continue to appear as their counsel. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/12/2019. (sg)
June 11, 2019 Opinion or Order Filing 211 NOTICE by City of Syracuse, Damon Lockett, Paul Montalto of Withdrawal of Counsel (Tuck, Paul)
May 28, 2019 Opinion or Order Filing 210 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #209 Notice of Appeal, (khr)
May 27, 2019 Opinion or Order Filing 209 NOTICE OF APPEAL as to #207 Order on Motion to Stay,,,, Order on Motion for Release of Bond Obligation,,,, Order on Letter Request,,,,,,, #208 Judgment appealing supplemental attorney's fees and costs awarded to Plaintiffs' Counsel by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. Filing fee $ 505, receipt number ANYNDC-4752621. (Long, Todd)
April 26, 2019 Opinion or Order Filing 208 JUDGMENT dated 4/26/2019 (khr)
April 26, 2019 Opinion or Order Filing 207 DECISION AND ORDER denying #162 Motion to Stay; denying #162 Motion for Release of Bond Obligation; granting in part and denying in part #194 Letter Request; granting #197 Motion to Stay. (1) Plaintiffs letter motion for additional attorneys fees and costs (ECF No. 194) is GRANTED in part and DENIED in part; (2) Plaintiff Alonzo Grant is awarded additional attorneys fees in the amount of $22,465.00; (3) Defendants motion for a stay (ECF No. 162) is DENIED as moot; (4) Defendants motion to stay judgment pending appeal pursuant to Federal Rule of Civil Procedure 62(b) (ECF No. 197) is GRANTED; (5) Any enforcement of the Judgments entered against defendants is STAYED pending the disposition of defendants appeal before the Second Circuit Court of Appeals, without the need for defendants to obtain or provide a bond or other security. IT IS SO ORDERED. Signed by Judge David N. Hurd on 4/26/2019. (khr)
April 5, 2019 Opinion or Order Filing 206 Supplemental Electronic Certification transmitted to US Court of Appeals re Notice of Cross Appeal #201 . (khr)
April 4, 2019 Opinion or Order USCA Appeal Fees received: $505 receipt number SYR054728 regarding the #201 Notice of Cross-Appeal. (meb)
March 25, 2019 Opinion or Order Filing 205 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re Notice of Cross Appeal #201 . (khr)
March 25, 2019 Opinion or Order Filing 204 CERTIFICATE OF SERVICE by City of Syracuse, Damon Lockett, Paul Montalto re #196 Notice of Appeal (Long, Todd)
March 25, 2019 Opinion or Order Filing 203 RESPONSE in Opposition re #197 MOTION to Stay Proceedings To Enforce A Judgment Pending The Disposition Of Defendants Appeal And Waive The Supersedeas Bond Requirement Pursuant To Fed. R. Civ. P. Rule 62(b) filed by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
March 13, 2019 Opinion or Order Filing 202 LETTER BRIEF in opposition to Plaintiff's First Supplemental Letter Brief for Attorney's Fees and Costs (Dkt. No. 194) by City of Syracuse, Damon Lockett, Paul Montalto. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Memorandum of Law in opposition to Plaintiff's First Supplemental Letter Brief for Attorney's Fees and Costs, with Certificate of Service attached)(Long, Todd)
February 27, 2019 Opinion or Order TEXT:NOTICE OF CROSS APPEAL as to #191 Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Order on Motion for Attorney Fees,Order on Letter Request. Clerk entered this event because Attorney filed the original Appeal as a Notice NOT Notice of Appeal #201 . This will enable the proper docketing for the Mandate. (khr)
February 27, 2019 Opinion or Order Filing 201 NOTICE by Alonzo Grant, Stephanie Grant NOTICE OF CROSS APPEAL (Bonner, Charles)
February 27, 2019 Opinion or Order Filing 200 TEXT ORDER: Pursuant to the verbal order of the Honorable David N. Hurd, defendants' letter motion (ECF No. 195) is GRANTED. Defendants may file a response to plaintiffs' letter motion (ECF No. 194) requesting additional attorneys' fees not to exceed ten pages on or before 5:00 p.m. on March 13, 2019. So Ordered by Judge David N. Hurd on 2/27/2019. (see)
February 25, 2019 Opinion or Order Filing 199 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #196 Notice of Appeal (khr)
February 22, 2019 Opinion or Order Filing 198 CERTIFICATE OF SERVICE by Damon Lockett, Paul Montalto re #197 MOTION to Stay Proceedings To Enforce A Judgment Pending The Disposition Of Defendants Appeal And Waive The Supersedeas Bond Requirement Pursuant To Fed. R. Civ. P. Rule 62(b) (Long, Todd)
February 22, 2019 Opinion or Order Filing 197 MOTION to Stay Proceedings To Enforce A Judgment Pending The Disposition Of Defendants Appeal And Waive The Supersedeas Bond Requirement Pursuant To Fed. R. Civ. P. Rule 62(b) Motion Hearing set for 4/12/2019 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 3/26/2019 filed by Damon Lockett, Paul Montalto. (Attachments: #1 Declaration Attorney Declaration of Todd M. Long, Esq., #2 Declaration Declaration of Dave DelVecchio, Commission of Finance, City of Syracuse, #3 Memorandum of Law) Motions referred to Therese Wiley Dancks. (Long, Todd)
February 22, 2019 Opinion or Order Filing 196 NOTICE OF APPEAL by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. Filing fee $ 505, receipt number ANYNDC-4659946. (Long, Todd)
February 21, 2019 Opinion or Order Filing 195 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting an opportunity to respond to Dkt. No. 194 pursuant to N.D.N.Y. Local Rule 7.1(b) submitted to Judge David N. Hurd . (Long, Todd)
February 13, 2019 Opinion or Order Filing 194 Letter Motion from CHARLES A. BONNER for Alonzo Grant, Stephanie Grant requesting FOR ATTORNEYS FEES ASSOCIATED WITH OPPOSING DEFENDANTS POST TRIAL MOTIONS submitted to Judge HON. DAVID N. HURD . (Attachments: #1 Declaration Declaration of Charles A. Bonner in Support of Motion, #2 Declaration Declaration of Jesse Ryder in Support of Motion, #3 Declaration Declaration of A. Cabral Bonner in Support of Motion)(Bonner, Charles)
February 12, 2019 Opinion or Order Filing 193 TRANSCRIPT REQUEST by Damon Lockett, Paul Montalto for proceedings held on 10/09/2016 through 10/23/2019 before Judge David N. Hurd.. (Attachments: #1 Exhibit(s) Request Order Form (AO 435))(Long, Todd)
February 8, 2019 Opinion or Order Filing 192 JUDGMENT for Attorneys' Fees and costs awarded to pltfs in the total amount of $639,266.50, in accordance with the #191 Memorandum-Decision & Order of the Honorable David N. Hurd. (see)
February 8, 2019 Opinion or Order Filing 191 MEMORANDUM-DECISION & ORDER denying in its entirety defts #164 Motion for Judgment as a Matter of Law and #164 Motion for New Trial; granting in part and denying in part #166 Motion for Attorney Fees; Pltf Alonzo Grant is awarded attorneys' fees in the amount of $584,920.50 and costs in the amount of $54,346.00, for a total award of $639,266.50; and the Clerk of the Court is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 2/8/2019. (see)
February 6, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #190 Transcript Request. The original transcript request was blank when filed. Replaced with completed transcript request. (khr)
February 4, 2019 Opinion or Order Filing 190 TRANSCRIPT REQUEST by Damon Lockett, Paul Montalto for proceedings held on 10/16/2018 before Judge David N. Hurd.. (Attachments: #1 Transcript Request Order Form)(Long, Todd) (Main Document 190 replaced on 2/6/2019) (khr, ).
January 22, 2019 Opinion or Order Filing 189 REPLY to Response to Motion re #166 MOTION for Attorney Fees filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 Declaration of Charles A. Bonner, #2 Declaration of A. Cabral Bonner)(Bonner, A. Cabral)
January 16, 2019 Opinion or Order Filing 188 TEXT ORDER: Per the verbal order of the Honorable David N. Hurd, plaintiffs' request (ECF No. #186 ) to file a reply to defendants' response to plaintiffs' motion for attorney's fees (ECF No. #183 ) is GRANTED. Plaintiffs may file such reply not to exceed 10 pages on or before 5:00 p.m. on Tuesday, January 22, 2019. So Ordered by Judge David N. Hurd on 1/16/2019. (hmr)
January 15, 2019 Opinion or Order Filing 187 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting that the Court deny Plaintiffs' Counsel's request for leave to file a Reply Brief to their Motion for Attorney's Fees and Costs submitted to Judge David N. Hurd . (Long, Todd)
January 15, 2019 Opinion or Order Filing 186 Letter Motion from A. Cabral Bonner for Alonzo Grant, Stephanie Grant requesting Leave to File Reply Brief submitted to Judge Hon. David N. Hurd . (Bonner, Charles)
January 7, 2019 Opinion or Order Filing 185 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting the Court supplement Defendants' good faith omission in Dkt No 183-19 and/or leave of court to amend the same memorandum of law submitted to Judge David N. Hurd . (Long, Todd)
January 4, 2019 Opinion or Order Filing 184 REPLY to Response to Motion re #164 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50 MOTION for New Trial and Remittitur Pursuant to Fed. R. Civ. P. 59 filed by Damon Lockett, Paul Montalto. (Attachments: #1 Exhibit(s) Declaration of John G. Powers, Esq.)(Powers, John)
January 4, 2019 Opinion or Order Filing 183 RESPONSE in Opposition re #166 MOTION for Attorney Fees filed by Damon Lockett, Paul Montalto. (Attachments: #1 Exhibit(s) DeJoseph Decl., Ex. A, #2 Exhibit(s) DeJoseph Decl., Ex. B, #3 Exhibit(s) DeJoseph Decl., Ex. C, #4 Exhibit(s) DeJoseph Decl., Ex. D, #5 Exhibit(s) DeJoseph Decl., Ex. E, #6 Exhibit(s) DeJoseph Decl., Ex. F, #7 Exhibit(s) DeJoseph Decl., Ex. G, #8 Declaration Attorney Declaration of Todd M. Long, #9 Exhibit(s) Long Decl., Ex. H, #10 Exhibit(s) Long Decl., Ex. I, #11 Exhibit(s) Long Decl., Ex. J, #12 Exhibit(s) Long Decl., Ex. K, #13 Exhibit(s) Long Decl., Ex. L, #14 Exhibit(s) Long Decl., Ex. M, #15 Exhibit(s) Long Decl., Ex. N, #16 Exhibit(s) Long Decl., Ex. O, #17 Declaration Attorney Declaration of Lorraine R. Mertell, #18 Declaration Attorney Declaration of John G. Powers, #19 Memorandum of Law)(Long, Todd)
December 19, 2018 Opinion or Order Filing 182 TEXT ORDER: Denying #181 Letter Motion from Todd M. Long, Esq. for Damon Lockett, Paul Montalto requesting a page extension to the memorandum of law in opposition to Plaintiff's motion for attorneys fees from 25 pages to 50 pages. Page Limited 25 pages. So Ordered by Judge David N. Hurd on 12/19/2018. (ptm)
December 18, 2018 Opinion or Order Filing 181 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting a page extension to the memorandum of law in opposition to Plaintiffs motion for attorneys fees from 25 pages to 50 pages submitted to Judge David N. Hurd . (Long, Todd)
December 13, 2018 Opinion or Order Filing 180 ORDER granting #179 Letter Request. Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting an extension of time to reply to Plaintiffs' opposition to Defendants' Rules 50 and 59 motion submitted to Judge David N. Hurd. Reply to Response to Motion due by 1/4/2019. Signed by Judge David N. Hurd on 12/13/2018. (khr)
December 12, 2018 Opinion or Order Filing 179 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting an extension of time to reply to Plaintiffs' opposition to Defendants' Rules 50 and 59 motion submitted to Judge David N. Hurd . (Long, Todd)
December 11, 2018 Opinion or Order Filing 178 RESPONSE in Opposition re #164 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50 MOTION for New Trial and Remittitur Pursuant to Fed. R. Civ. P. 59 filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 Declaration Declaration of A. Cabral Bonner, #2 Exhibit(s) Def Lockett Trial Testimony, #3 Exhibit(s) Def Montalto Trial Testimony, #4 Exhibit(s) Def Lockett Depo, #5 Exhibit(s) Def Montalto Depo, #6 Exhibit(s) Trial Exhibit 7, #7 Exhibit(s) Trial Exhibit 9, #8 Exhibit(s) Trial Exhibit 22, #9 Exhibit(s) Trial Exhibit 23, #10 Exhibit(s) Trial Exhibit 25, #11 Exhibit(s) Trial Exhibit 55, #12 Exhibit(s) Trial Exhibit 109, #13 Exhibit(s) Trial Exhibit 114, #14 Exhibit(s) Trial Exhibit D2, #15 Exhibit(s) Hulett Article, #16 Exhibit(s) Common Council agenda, #17 Exhibit(s) Inflation calculator, #18 Exhibit(s) Hulett Report, #19 Exhibit(s) Trial Exhibit 10)(Bonner, Charles)
December 11, 2018 Opinion or Order Filing 177 TEXT ORDER granting plaintiffs' #176 Letter Requesting to file a Memorandum of Law in response to defendants' motion not to exceed 50 pages in length. So Ordered by Judge David N. Hurd on 12/11/2018. (see)
December 10, 2018 Opinion or Order Filing 176 Letter Motion from Charles Bonner for Alonzo Grant, Stephanie Grant requesting Leave to File Brief in Excess of 25 pages submitted to Judge Hon. David N. Hurd . (Bonner, Charles)
November 30, 2018 Opinion or Order Filing 175 ORDER Granting #173 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting an extension of time to respond to Plaintiffs' motion for attorney's fees submitted to Judge David N. Hurd : RESPONSE DUE ON OR BEFORE JANUARY 4, 2019 AT 12:00pm AND TAKEN ON SUBMIT AS OF THAT DATE. (Response to Motion due by 1/4/2019 ). Signed by Judge David N. Hurd on 11/30/2018. (ptm, )
November 29, 2018 Opinion or Order Filing 174 TRANSCRIPT of Proceedings: Jury Trial held on October 10, 11, 2018 before Judge David N. Hurd, Court Reporter/Transcriber: Nancy L. Freddoso, Telephone number: 3157938114. 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 12/20/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/27/2019. Notice of Intent to Redact due by 12/4/2018 (Attachments: #1 Testimony Excerpt) (nlf, )
November 27, 2018 Opinion or Order Filing 173 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting an extension of time to respond to Plaintiffs' motion for attorney's fees submitted to Judge David N. Hurd . (Long, Todd)
November 27, 2018 Opinion or Order Filing 172 TEXT ORDER: Per the verbal order of the Honorable David N. Hurd, plaintiffs' letter motion (ECF No. 171) is GRANTED. Plaintiffs' response to defendants' post-trial motion is now due on or before Tuesday, December 11, 2018 and defendants' reply is due on or before Tuesday, December 18, 2018. So Ordered by Judge David N. Hurd on 11/27/2018. (see)
November 26, 2018 Opinion or Order Filing 171 Letter Motion from Cabral Bonner for Alonzo Grant, Stephanie Grant requesting AN EXTENSION OF TIME submitted to Judge Hon. David N. Hurd . (Bonner, Charles)
November 21, 2018 Opinion or Order Filing 170 TRANSCRIPT REQUEST by Alonzo Grant, Stephanie Grant for proceedings held on 10/9/2018-10/19/2018 before Judge Hon. David N. Hurd.. (Bonner, Charles)
November 21, 2018 Opinion or Order Filing 169 MEMORANDUM OF LAW in Support of #164 Motion for Judgment as a Matter of Law or Motion for New Trial filed by Damon Lockett and Paul Montalto. (see)
November 21, 2018 Opinion or Order Filing 168 TEXT ORDER: Per the verbal order of the Honorable David N. Hurd, defendants' letter motion (ECF No. 165) is GRANTED. The submitted Memorandum of Law (ECF No. 165-1) is considered filed in connection with defendants' motion pursuant to Federal Rule of Civil Procedure 50(b) and 59. Plaintiffs' response to the motion is to be filed by Tuesday, December 4, 2018, with any reply due by Tuesday, December 11, 2018. The motion shall be taken on submitted papers only. So Ordered by Judge David N. Hurd on 11/21/2018. (see)
November 20, 2018 Opinion or Order Filing 167 MOTION for Attorney Fees Memo of Ps and As Motion Hearing set for 12/28/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 12/11/2018 filed by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
November 20, 2018 Opinion or Order Filing 166 MOTION for Attorney Fees Motion Hearing set for 12/28/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 12/11/2018 filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 Declaration OF CHARLES A. BONNER, #2 Exhibit(s) 1 TO BONNER'S DEC, #3 Exhibit(s) 2 TO BONNER'S DEC, #4 Exhibit(s) 3 TO BONNER'S DEC, #5 Exhibit(s) 4 TO BONNER'S DEC, #6 Exhibit(s) 5 TO BONNER'S DEC, #7 Exhibit(s) 6 TO BONNER'S DEC, #8 Exhibit(s) 7 TO BONNER'S DEC, #9 Exhibit(s) 8 TO BONNER'S DEC, #10 Exhibit(s) 9 TO BONNER'S DEC, #11 Exhibit(s) 10 TO BONNER'S DEC, #12 Declaration OF JESSE RYDER, #13 Exhibit(s) 1 OF RYDER'S DEC, #14 Exhibit(s) 2 OF RYDER'S DEC, #15 Declaration OF ROBERT MICHAEL SHAFER, #16 Declaration OF WILLIAM SULLIVAN, #17 Declaration OF ROME CANZANO, #18 Declaration OF JEAN MARIE WESTLAKE) (Bonner, Charles)
November 20, 2018 Opinion or Order Filing 165 Letter Motion from John G. Powers, Esq. for Damon Lockett, Paul Montalto requesting leave to file a memorandum of law in excess of the page limit submitted to Judge Hurd . (Attachments: #1 Memorandum of Law)(Powers, John)
November 20, 2018 Opinion or Order Filing 164 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50, MOTION for New Trial and Remittitur Pursuant to Fed. R. Civ. P. 59 Motion Hearing set for 12/28/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 12/11/2018 Reply to Response to Motion due by 12/17/2018. filed by Damon Lockett, Paul Montalto. (Attachments: #1 Declaration of John G. Powers, Esq., #2 Exhibit(s) A (Alonzo Grant Tr.), #3 Exhibit(s) B (Stephanie Grant Tr.), #4 Exhibit(s) C (Drs. Shukri, Covington, and Charles Tr.), #5 Exhibit(s) D (Leonard Brown Tr.), #6 Exhibit(s) E (John R. Brown Tr.), #7 Exhibit(s) F (P-12), #8 Exhibit(s) G (P-20), #9 Exhibit(s) H (P-102), #10 Exhibit(s) I (P-124), #11 Exhibit(s) J (D-40)) (Powers, John)
November 6, 2018 Opinion or Order Filing 163 TEXT ORDER SETTING RESPONSE DEADLINE TO MOTION TO STAY / RELEASE BOND: Pursuant to the verbal order of the Honorable David N. Hurd, Plaintiffs' shall respond to defendants' letter motion #162 First MOTION to Stay Proceedings to Enforce a Judgment Pending the Disposition of Post-Trial Motions for a new Trial and Altering or Amending this JudgmentFirst MOTION for Release of Bond Obligation from supersedeas bonds no later than 12:00pm on Friday, November 30, 2018. No reply shall be allowed. Motion shall be taken on submitted papers only. So Ordered by Judge David N. Hurd on 11/6/2018. (Response to Motion due by 11/30/2018) (ptm)
November 6, 2018 Opinion or Order Filing 162 First MOTION to Stay Proceedings to Enforce a Judgment Pending the Disposition of Post-Trial Motions for a new Trial and Altering or Amending this Judgment, First MOTION for Release of Bond Obligation from supersedeas bonds Motion Hearing set for 11/23/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 11/6/2018 filed by Damon Lockett, Paul Montalto. (Attachments: #1 Declaration Attorney Declaration of Todd M. Long, #2 Declaration Commissioner David J. DelVecchio, #3 Memorandum of Law Memorandum Of Law In Support Of Defendants Motion To Stay Proceedings To Enforce A Judgment Pending The Disposition Of Post-Trial Motions For A New Trial And Altering Or Amending This Judgment) Motions referred to Therese Wiley Dancks. (Long, Todd)
October 31, 2018 Opinion or Order Filing 161 TEXT ORDER: Pursuant to the verbal order of the Honorable David N. Hurd, defendants' letter motion (ECF No. 160) is GRANTED IN PART. Any post trial motions must be submitted by Tuesday, November 20, 2018, with responses to be filed by Tuesday, December 4, 2018; with any reply dues by Tuesday, December 11, 2018. All post trial motions shall be taken on submitted papers only. So Ordered by Judge David N. Hurd on 10/31/2018. (see)
October 26, 2018 Opinion or Order Filing 160 Letter Motion from Todd M. Long for Damon Lockett, Paul Montalto requesting an extension to the deadline for filing post-trial motions in order to obtain transcripts submitted to Judge David N. Hurd . (Long, Todd)
October 24, 2018 Opinion or Order Filing 159 Plaintiffs' and Defendants' Trial Exhibit Lists. (Attachments: #1 Defendants' Exhibit List)(ptm)
October 24, 2018 Opinion or Order Filing 158 Preliminary and Final Jury Instructions given by Judge David N. Hurd. (Attachments: #1 Final Charge to Jury)(ptm)
October 23, 2018 Opinion or Order Filing 157 Jury Notes (Redacted 10/23/2018) (ptm)
October 23, 2018 Opinion or Order Filing 156 JUDGMENT in favor of Alonzo Grant, Stephanie Grant against Damon Lockett, Paul Montalto. (khr)
October 23, 2018 Opinion or Order Filing 155 JURY VERDICT (Redacted 10/23/2018) (ptm)
October 23, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/23/2018. 9:00am: Jury recommences deliberations. 11:50am. Jury enters Court. Clerk takes verdict in open Court: Jury Finds in favor of Plaintiff Alonzo Grant against defendants Damon Lockett and Paul Montalto in the amount of $1,130,000.00; and in favor of Plaintiff Stephanie Grant against defendants Damon Lockett and Paul Montalto in the amount of $450,000.00 and finding no cause of action against the defendant City of Syracuse. Clerk polls the Jury, with all jurors concurring in the verdict. Judge Hurd thanks the Jury for service. Jury Exits Court. Judge Hurd directs filing of the signed Verdict Form (Court Exhibit 5) and entry of judgment in favor of Plaintiff Alonzo Grant against defendants Damon Lockett and Paul Montalto in the amount of $1,130,000.00; and in favor of Plaintiff Stephanie Grant against defendants Damon Lockett and Paul Montalto in the amount of $450,000.00. The Court further order that defendant City of Syracuse is dismissed from this action. Judge Hurd directs filing of any post trial motions by November 6, 2018, with responses to be filed by November 20, 2018; with any reply due by November 27, 2018. All post trial motion shall be taken on submitted papers only. Court Adjourned. (9:00am-12:20pm) Appearances: Jesse P. Ryder. Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant and Stephanie Grant; John G. Powers, Esq. and Todd M. Long, Esq for Defendants: City of Syracuse, Damon Lockett and Paul Montalto. (Court Reporter Nancy Freddoso) (ptm)
October 22, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/22/2018. 9:00am: Jury recommences deliberations. Upon review of responses to Jury No. 2. Judge Hurd responds in writing to Jury Note No. 2. (Court Exhibit 9). 11:25am. Jury Note No. 3. (Court Exhibit 10 ). 4:45pm. Upon review of Jury No. 3 with counsel, Judge Hurd responds in writing to Jury Note No. 3. (Court Exhibit 11). 1:50pm. Jury Note No. 4. (Court Exhibit 12 ). 2:10pm. Upon review of Jury No. 4.with counsel, Judge Hurd orders an instruction pursuant to Allen v United States be given to the Jury. Jury enters Court. Judge Hurd charges jury pursuant to Allen v United States and directs Jury to continue jury deliberations. 3:15pm. Jury Note No. 5. (Court Exhibit 13 ). 4:50pm. Judge Hurd reviews of Jury No. 5.with counsel. Jury enters Court. Judge Hurd reviews Jury Note. No. 5 with jury and directs that Juror No. 5 be excused from the Jury and is escorted from Court by the Marshal. Judge Hurd directs that this Jury shall proceed with 6 jurors and shall recommence deliberations anew at 9:00am on October 23, 2018. 5:00pm. Court Adjourned. (9:00am-5:00pm) Appearances: Jesse P. Ryder. Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse, Damon Lockett, Paul Montalto. (Court Reporter Nancy Freddoso) (ptm)
October 21, 2018 Opinion or Order Filing 154 Proposed Jury Instructions by City of Syracuse, Damon Lockett, Paul Montalto. (Attachments: #1 Exhibit(s) Text of Proposed Handcuffing Jury Instruction)(Long, Todd)
October 21, 2018 Opinion or Order Filing 153 Proposed Jury Instructions by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
October 19, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/19/2018. 9:00am: Without Jury. Charge Conference in Court: Judge Hurd rules on objections to final charge and verdict form. 9:15am. Jury enters Court. Closing argument as to defendants City of Syracuse, Damon Lockett, Paul Montalto by John G. Powers, Esq. 10:45am. Closing argument for the plaintiffs Alonzo Grant and Stephanie Grant by Charles A. Bonner, Esq. 1:00pm. Judge Hurd instructs Jury (Court Exhibit 4). 1:55pm. Marshals Sworn, Jury Exits Court and commences deliberations. 4:15pm. Jury Note No. 1 (Court Exhibit 6 ). 4:45pm. Upon review of Jury No. 1. with counsel, Judge Hurd responds in writing to Jury Note No. 1. (Court Exhibit 7). 4:57pm. Jury Note No. 2 (Court Exhibit 8). Court and counsel review of Jury No. 2, and Judge Hurd directs counsel to respond in writing to Jury Note No. 2 by 9:00am on October 22, 2018. 5:00pm. Jury enters Court. Judge Hurd admonishes Jury and continues jury deliberations to 9:00am on October 22, 2018. Jury Exits Court. Court Adjourned. (9:00am- 5:00pm). Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant and Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto.
October 19, 2018 Opinion or Order Filing 152 Proposed Jury Instructions by City of Syracuse, Damon Lockett, Paul Montalto. (DeJoseph, Christina)
October 18, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/18/2018. 9:00am: Jury enters Court. Witnesses for Defendant: Robert Knapp, MD, Guy Rossi, Mark Rusin. 4:45pm. DEFENDANTS REST. Judge Hurd admonishes Jury and continues jury trial to 9:00am on October 19, 2018. Jury Exits Court. Judge Hurd denies rebuttal testimony by plaintiff Alonzo Grant, and entertains and denies defendants renewed Rule 50a motion and plaintiff's motion for directed verdict. Charge Conference in Chambers. Court Adjourned. (9:00am-5:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. (Court Reporter Nancy Freddoso) (ptm)
October 17, 2018 Opinion or Order Filing 151 SUMMARY ORDER: A jury trial in this matter began on Tuesday, October 9, 2018. After the close of plaintiffs case, defendants moved pursuant to Federal Rule of Civil Procedure 50(a) for judgment as matter of law with regards to the remaining causes of action. Therefore, it is ordered that 1. Defendants motion for judgment as a matter of law is GRANTED in part and DENIED in part; 2. Plaintiffs Seventh, Ninth and Tenth Causes of Action are DISMISSED in their entirety; 3. Plaintiffs Sixth and Eighth Cause of Action against defendant Novitsky are DISMISSED and REMAIN against defendants Lockett and Montalto; 4. All other Causes of Action (the First, Fourth, Fifth, Sixth, Eighth and Fifteenth) REMAIN; and 5. Defendant Brian Novitsky is DISMISSED from this action. IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/17/2018. (khr)
October 17, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/17/2018. 9:00am: Jury enters Court. Witness for Plaintiffs: Alonzo Grant. 12:15pm. PLAINTIFFS REST. Jury Exits Court. Judge Hurd hears Rule 50a motion by defendants and upon argument by counsel, grants in part and denies in part defendants Rule 50(a) motions, dismissing certain causes of action, and dismisses action as to defendant Brian Novitsky. Summary Order to issue. Defendants directed to proceed with proof on remaining causes of action. 1:40pm. Jury enters Court. Witnesses for Defendant: Jacob Carlsson, Michael J. McCarty, Alvin Herrington, Leonard Brown. 4:40pm. Judge Hurd admonishes Jury and continues jury trial to 9:00am on October 18, 2018. Jury Exits Court. Chambers Conference. Judge Hurd further rules on evidentiary matters. Court Adjourned. (9:00am- 5:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. (Court Reporter Nancy Freddoso) (ptm)
October 16, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/16/2018. 9:00am: Jury enters Court.Witnesses for Plaintiffs: Joseph L. Lipari, John Richard Brown. 3:35pm. Judge Hurd admonishes Jury and continues jury trial to 9:00am on October 17, 2018. Jury Exits Court. Chambers Conference. Court Adjourned. (9:00am- 4:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. (Court Reporter Nancy Freddoso) (ptm)
October 15, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/15/2018. 9:30am: Jury enters Court.Witnesses for Plaintiffs: Kathleen Johnson, Hassan Shukri, MD. John A. Charles, MD, Theresa Covington, David Brown. 4:05pm. Judge Hurd admonishes Jury and continues jury trial to 9:00am on October 16, 2018. Jury Exits Court. Chambers Conference. Court Adjourned. (9:30am- 4:30pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. (Court Reporter Nancy Freddoso) (ptm)
October 12, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/12/2018. 9:30am: Jury enters Court.Witnesses for Plaintiffs: William J. Fitzpatrick, Frank L. Fowler. 4:00pm. Judge Hurd admonishes Jury and continues jury trial to 9:30am on October 15, 2018. Jury Exits Court. Chambers Conference. Court Adjourned. (9:30am- 4:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. (Court Reporter Nancy Freddoso) (ptm)
October 11, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/11/2018. 9:30am: Jury enters Court.Witnesses for Plaintiffs: Arthur L. Degirolam, Patricia E. Johnson, Alonzo Grant, Jr., Corey McMullin, Beverly Grant, Sherrell Grant, Paul M. Montalto, Brian Novitsky, 4:45pm. Judge Hurd admonishes Jury and continues jury trial to 9:30am on October 12, 2018. Jury Exits Court. Chambers Conference. Court Adjourned. (9:30am-5:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. (Court Reporter Nancy Freddoso) (ptm)
October 10, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial held on 10/10/2018. 9:00am: Conference in Chambers: Judge Hurd reviews unavailability of Juror No. 4 with counsel, and upon consent of counsel Judge Hurd excuses Juror No. 4 and directs trial proceed with a 7 person jury. 9:30am. Jury enters Court. Judge Hurd instructs jury that trial shall proceed with 7 jurors. Witnesses for Plaintiffs: Sharon Hayes, Christopher J. Croft, Damon R. Lockett. 4:30pm. Judge Hurd admonishes Jury and continues jury trial to 9:30am on October 11, 2018. Jury Exits Court. Chambers Conference. Court Adjourned. (9:00am-5:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. Court Reporter: Nancy Freddoso.
October 9, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Selection held on 10/9/2018, Jury Trial commenced on 10/9/2018. 9:00am: Final Pretrial Conference in Chambers. Judge Hurd reviews schedule and procedures for jury selection and trial with counsel and directs parties to proceed. 9:30am: Jury Panel Sworn, Jury Selection Commenced. 10:55am: After extensive examination of potential jurors by Court and counsel, an 8 person jury was selected and sworn. Jury Exits Court. 11:00am: Court and counsel review evidentiary matters and rules on motions in limine. 11:15am. Jury enters Court. Judge Hurd gives initial charge to the jury. 11:30am. Opening remarks for the plaintiffs Alonzo Grant, Stephanie Grant by Charles A. Bonner, Esq. 12:30pm. Opening remarks for defendants City of Syracuse, Damon Lockett, Paul Montalto and Brian Novitsky by John G. Powers, Esq. 1:15pm. Luncheon Recess. 2:15pm. Witnesses for Plaintiffs: Stephanie Grant. 4:30pm. Judge Hurd admonishes Jury and continues jury trial to 9:30am on October 10, 2018. Jury Exits Court. Chambers Conference. Court Adjourned. (9:00am-5:00pm) Appearances: Jesse P. Ryder. Esq., A. Cabral Bonner, Esq., and Charles A. Bonner, Esq. for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky. Court Reporter: Nancy Freddoso. Modified on 10/18/2018 (ptm).
October 8, 2018 Opinion or Order Filing 150 Letter Motion from Todd M. Long for City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky requesting portions of Plaintiff's opening statement be precluded submitted to Judge David N. Hurd . (Attachments: #1 Exhibit(s) A: Plaintiffs' Draft Opening Statement, #2 Exhibit(s) B: Email correspondences)(Long, Todd)
October 8, 2018 Opinion or Order Filing 149 Witness List by City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Long, Todd)
October 8, 2018 Opinion or Order Filing 148 LETTER BRIEF regarding the City of Syracuse's corporate representative by City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Long, Todd)
October 4, 2018 Opinion or Order Filing 147 ORDER that Chief of Police Frank Fowler is DISMISSED as a deft in this case; trial remains scheduled for October 9, 2018, in Utica, NY at 9:30 a.m. Signed by Judge David N. Hurd on 10/4/2018. (see)
October 3, 2018 Opinion or Order Filing 146 STIPULATION as to Exhibits for Trial by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky submitted to Judge David N. Hurd. (Long, Todd)
October 3, 2018 Opinion or Order Filing 145 MEMORANDUM-DECISION and ORDER: 1. Defendants' motion to preclude, ECF No. 111, is DENIED; 2. Plaintiff's motion in limine, ECF No. 122, is GRANTED in part and DENIED in part; 3. Defendants' omnibus motion in limine, ECF No. 124, is GRANTED in part and DENIED in part; 4. Defendants' supplemental motion in limine, ECF No. 135, is GRANTED in part and DENIED in part; and 5. Trial remains scheduled for October 9, 2018, in Utica, New York at 9:30 a.m.IT IS SO ORDERED. Signed by Judge David N. Hurd on 10/3/2018. (khr)
September 28, 2018 Opinion or Order Filing 144 RESPONSE in Opposition re #124 Omnibus MOTION in Limine Response to Supplemental MIL #135 filed by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 25, 2018 Opinion or Order Filing 143 TEXT ORDER granting #142 Letter Requesting to withdraw H. J. Hubert as attorney of record for defendants. So Ordered by Judge David N. Hurd on 9/25/2018. (see)
September 25, 2018 Opinion or Order Filing 142 Letter Motion from Todd M. Long for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky requesting to withdraw H. J. Hubert as attorney of record submitted to Judge David N. Hurd . (Long, Todd)
September 25, 2018 Opinion or Order Filing 141 Court Ordered Voir Dire by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 25, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Final Pretrial Conference held on 9/25/2018. Court and counsel meet and review pretrial submissions and procedures for Jury Selection and trial. Upon statements and filings by counsel Judge Hurd directs that the jury selection in this matter shall be adjourned to Tuesday, October 9, 2018 at 9:30am, that Plaintiffs have until 5:00pm Friday, September 28, 2018 to file opposition to defendants' supplemental motions in limine (ECF #135 ) and any supplemental motions in limine of their own, if any. IF plaintiffs file a supplemental motion in limine, defendants shall have until Tuesday, October 2, 2018 at 12:00pm to file an opposition. Any stipulations for trial are to be filed by 5:00pm on Wednesday, October 3, 2018. Judge Hurd further directs that NO MORE PRETRIAL FILINGS shall be entertained. Appearances: Charles A. Bonner, Esq. and Jesse P. Ryder. Esq., for plaintiffs Alonzo Grant, Stephanie Grant; John G. Powers, Esq., and Todd M. Long, Esq. for Defendants: City of Syracuse Damon Lockett, Paul Montalto, Brian Novitsky, Chief of Police Frank Fowler, (ptm) (Jury Trial re-set for 10/9/2018 09:30AM in Utica, NY before Judge David N. Hurd) (ptm, )
September 24, 2018 Opinion or Order Filing 140 RESPONSE in Opposition re #124 Omnibus MOTION in Limine 1-15 filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 Exhibit(s) 32)(Bonner, Charles)
September 24, 2018 Opinion or Order Filing 139 Witness List by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 24, 2018 Opinion or Order Filing 138 Court Ordered Voir Dire by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 24, 2018 Opinion or Order Filing 137 Exhibit List (Amended) by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 24, 2018 Opinion or Order Filing 136 Proposed Jury Instructions by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 24, 2018 Opinion or Order Filing 135 RESPONSE to Motion re #122 First MOTION in Limine and Defendants' Supplemental Motions in Limine filed by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 24, 2018 Opinion or Order Filing 134 Court Ordered Voir Dire by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 24, 2018 Opinion or Order Filing 133 TEXT ORDER directing defendants to file their Court Ordered Voir Dire pursuant to pre-trial submission requirements. So Ordered by Judge David N. Hurd on 9/24/2018. (see)
September 20, 2018 Opinion or Order TEXT NOTICE - FURTHER RE-SETTING TIME ONLY OF CONFERENCE TO 11:00AM - FOR IN PERSON FINAL PRETRIAL CONFERENCE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, the in-person Final Pretrial Conference SHALL NOW BE be held on Tuesday, September 25, 2018 t 11:00AM in Chambers in USDC / Utica, NY. All other deadlines shall remain in effect.(ptm)
September 18, 2018 Opinion or Order Filing 132 PRETRIAL DISCLOSURE STATEMENT by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 131 PROPOSED VERDICT FORM (Contingent Special Interrogatories regarding Qualified Immunity) by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 130 PROPOSED VERDICT FORM by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 129 Exhibit List by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 128 PRETRIAL DISCLOSURE STATEMENT by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 127 Witness List by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 126 Proposed Jury Instructions by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 125 Proposed Voir Dire by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 124 Omnibus MOTION in Limine filed by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 123 TRIAL BRIEF by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Powers, John)
September 18, 2018 Opinion or Order Filing 122 First MOTION in Limine filed by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 121 Witness List by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 120 Proposed Jury Instructions by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 119 TRIAL BRIEF by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 118 Proposed Voir Dire by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 117 Exhibit List by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order Filing 116 Court Ordered Voir Dire by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
September 18, 2018 Opinion or Order TEXT NOTICE - RE-SETTING TIME ONLY TO 1:00PM - FOR IN PERSON FINAL PRETRIAL CONFERENCE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, the in-person Final Pretrial Conference shall NOW BE be held on Tuesday, September 25, 2018 at 1:00PM in Chambers in USDC / Utica, NY. All other deadlines shall remain in effect. (Jury selection and jury trial shall commence on Tuesday October 2, 2018 at 9:30am in Utica, N.Y. before Judge David N. Hurd.) (ptm)
August 30, 2018 Opinion or Order Filing 115 DECISION & ORDER denying Deft's #106 Motion to Bifurcate. Trial remains scheduled for 10/2/2018, in Utica, New York with pre-trial papers due on or before noon on September 18, 2018, and a final pre-trial conference will be held on September 25, 2018, in Utica, New York. Signed by Judge David N. Hurd on 8/29/2018. (jdp, )
August 30, 2018 Opinion or Order TEXT ORDER SCHEDULING CIVIL JURY TRIAL AND IN PERSON FINAL PRETRIAL CONFERENCE: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, and the Memorandum Decision and Order at Dkt. No. #115 the jury trial of this matter is scheduled for Tuesday October 2, 2018 at 9:30am in USDC Utica, NY. All Pretrial submissions pursuant to the Uniform Pretrial Scheduling Order at Dkt No. #25 including any motions in limine, shall be filed no later than Tuesday, September 18, 2018 at 12:00pm. An in person Final Pretrial Conference shall be held in Chambers in USDC Utica, NY. on Tuesday, September 25, 2018 at 2:00pm. (Jury selection and jury trial shall commence on Tuesday October 2, 2018 at 9:30am in Utica, N.Y. before Judge David N. Hurd.) (ptm)
August 28, 2018 Opinion or Order Filing 114 RESPONSE in Opposition re #111 First MOTION in Limine to preclude Plaintiff's expert report and testimony filed by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
August 9, 2018 Opinion or Order TEXT NOTICE of Hearing on #111 First MOTION in Limine to preclude Plaintiff's expert report and testimony: Response to Motion due by 8/28/2018. Motion Hearing set for 9/14/2018 on submit with no appearances required, unless otherwise notified, before Judge David N. Hurd. (see)
August 8, 2018 Opinion or Order Filing 113 TEXT ORDER granting defendants' #112 Letter Requesting to withdraw the #108 Request for a Court conference. So Ordered by Judge David N. Hurd on 8/8/2018. (see)
August 1, 2018 Opinion or Order Filing 112 Letter Motion from Todd M. Long for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky requesting to withdraw conference submitted to Judge David N. Hurd . (Long, Todd)
July 31, 2018 Opinion or Order Filing 111 First MOTION in Limine to preclude Plaintiff's expert report and testimony filed by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Memorandum of Law) (Hubert, H.)
July 31, 2018 Opinion or Order Filing 110 ORDER FOR TRANSFER OF CASE. Case reassigned to Judge David N. Hurd for all further proceedings. Senior Judge Lawrence E. Kahn no longer assigned to case. Signed by Senior Judge Lawrence E. Kahn on 7/31/2018. (khr)
July 24, 2018 Opinion or Order Filing 109 TEXT NOTICE from the chambers of US District Judge, Lawrence E. Kahn: As a reminder, all motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas)
July 20, 2018 Opinion or Order Filing 108 Letter Motion from H.J. Hubert for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky requesting Court Conference to Discuss Trial Location submitted to Judge Lawrence E. Kahn . (Attachments: #1 Exhibit(s) 07/06/2018 Letter to Counsel regarding Syracuse Trial, #2 Exhibit(s) Subsequent Email Correspondence)(Long, Todd)
July 17, 2018 Opinion or Order Filing 107 RESPONSE in Opposition re #106 MOTION to Bifurcate liability, Monell, and damages filed by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
July 2, 2018 Opinion or Order Filing 106 MOTION to Bifurcate liability, Monell, and damages Motion Hearing set for 8/3/2018 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 7/17/2018 Reply to Response to Motion due by 7/23/2018. filed by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Attachments: #1 Declaration Attorney Declaration of Todd M. Long, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Memorandum of Law in support of bifurcating liability, Monell, and damages) Motions referred to Therese Wiley Dancks. (Long, Todd)
June 15, 2018 Opinion or Order Filing 105 TEXT ORDER: On June 14, 2018, Defendants submitted a letter requesting that the Court clarify whether the parties must hold a pretrial conference before Defendants may submit a motion to "bifurcate as to municipal liability for trial." Dkt. No. 103 ("Defendants' Letter Motion"). In response, Plaintiffs filed a letter arguing that Defendants will be unable to establish that bifurcation is appropriate and asking the Court to "issue an order discouraging [a bifurcation] motion." Dkt. No. 104 ("Plaintiffs' Letter Motion"). Both motions are misguided. Defendants essentially ask the Court to provide legal advice on the appropriateness of submitting a bifurcation motion at this stage of litigation. Providing such advice would be improper, and the Court therefore denies Defendants' Letter Motion (Dkt. No. 103). Turning to Plaintiffs' Letter Motion, this document is essentially a memorandum of law in opposition to a motion that has yet to be filed. It would be premature to opine on the merits of a hypothetical bifurcation motion, especially before receiving any briefing on the issue from Defendants. Accordingly, the Court denies Plaintiffs' Letter Motion (Dkt. No. 104). Signed by Senior Judge Lawrence E. Kahn on June 15, 2018. (sas)
June 14, 2018 Opinion or Order Filing 104 LETTER BRIEF In Opposition to Defendants' Request by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
June 14, 2018 Opinion or Order Filing 103 Letter Motion from Todd M. Long for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky requesting guidance as to matters related to procedure and scheduling of pretrial motion practice submitted to Judge Lawrence E. Kahn . (Long, Todd)
June 7, 2018 Opinion or Order Filing 102 NOTICE of Appearance by H. J. Hubert on behalf of All Defendants (Hubert, H.)
March 7, 2018 Opinion or Order Filing 101 LETTER BRIEF in response to Plaintiffs' Letter Brief Regarding Alleged Delays (Dkt. No. 98) by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (Long, Todd)
March 7, 2018 Opinion or Order Filing 100 NOTICE of Appearance by Paul J. Tuck on behalf of All Defendants (Tuck, Paul)
March 7, 2018 Opinion or Order Filing 99 NOTICE of Appearance by John G. Powers on behalf of All Defendants (Powers, John)
February 19, 2018 Opinion or Order Filing 98 LETTER BRIEF MEMORANDUM RE: TIMELINE by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
February 9, 2018 Opinion or Order Filing 97 NOTICE of Appearance by Todd M. Long on behalf of All Defendants (Long, Todd)
February 7, 2018 Opinion or Order Filing 96 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Status Conference held on 2/7/2018. Settlement is discussed. Attorney C. Garvey states that the plaintiff presented a demand, the night before, of 3 million dollars, to settle. Deadlines are discussed. Atty. J. Ryder claims that the defendants have been taking advantage in regards to deadlines. Judge Kahn directs that Mr. Ryder file a memorandum outlining how Corporation counsel had taken advantage. This memo is due by 2/21/18. The defendants shall have 2 additional weeks to respond - by 3/07/18. Jury Trial is set for 10/2/2018 at 10:00 AM in Albany, Utica or Syracuse (to be determined) before Senior Judge Lawrence E. Kahn. Final Pretrial / Status Conference is set for 9/6/2018 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial Submissions due by 9/18/2018 (Witness list, exhibit list, in-limine motion(s) if any, proposed voir dir, proposed jury charge (filed in ECF and submitted on a CD in either Word or Word Perfect format directly to Judge Kahns chambers) and a proposed verdict sheet). Appearances: Attys. Jesse P. Ryder, A. Cabral Bonner, Charles A. Bonner & Christine Garvey. (Court Reporter None & CRD S. Snyder) (sas)
February 6, 2018 Opinion or Order Filing 95 TEXT ORDER granting #87 Letter Request by Mary D'Agostino, Esq. to withdraw as counsel for defendants. Defendants continue to be represented by Christine DeJoseph of the Syracuse Office of Corporation Counsel. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/6/2018. (sg)
February 5, 2018 Opinion or Order Filing 93 LETTER REQUEST & ORDER granting Atty. Christina DeJoseph's #92 Request to appear for the 2/07/18 conference via telephone. The Court will initiate the conference call. Signed by Senior Judge Lawrence E. Kahn on February 05, 2018. (sas)
February 5, 2018 Opinion or Order Filing 92 LETTER BRIEF by Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky. (DeJoseph, Christina)
January 24, 2018 Opinion or Order Filing 91 LETTER REQUEST & ORDER granting Atty. A. Bonner's #90 Request to appear for the 2/07/18 conference via telephone. The Court will initiate the conference call. Signed by Senior Judge Lawrence E. Kahn on January 24, 2018. (sas)
January 23, 2018 Opinion or Order Filing 90 Letter Motion from A. Cabral Bonner, Esq. for Alonzo Grant, Stephanie Grant requesting Appear Telephonically submitted to Judge Hon. Lawrence E. Kahn . (Ryder, Jesse)
December 4, 2017 Opinion or Order Set Deadlines/Hearings: Status Conference is set for 2/7/2018 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. At the time of the conference, counsel will report on the status of the above-entitled action. Parties with full settlement authority are to be readily available during the conference. If settlement cannot be reached, counsel are to be prepared to discuss issues which may be raised at the time of trial. The attorneys of record are directed to discuss trial deadlines with each other (pre-conference) & will be prepared to stipulate to a trial date at the time of the conference. Several agreed upon proposed trial deadlines shall be made available to the Court for Judge Kahns consideration. (sas)
November 17, 2017 Opinion or Order Filing 89 MEMORANDUM-DECISION AND ORDER granting in part and denying in part #63 Motion for Summary Judgment: It is hereby ORDERED, that Defendants Motion (Dkt. No. 63) is GRANTED in part and DENIED in part; the Motion is GRANTED as to Alonzos 1983 malicious prosecution claim; the Motion is GRANTED as to Alonzos 1985 claim; the Motion is GRANTED as to Alonzos 1986 claim; the Motion is GRANTED as to Alonzos state law claim for intentional infliction of emotional distress; the Motion is GRANTED as to Alonzos state law claim for defamation; the Motion is GRANTED as to Stephanies state law claim for negligent infliction of emotional distress; the Motion is GRANTED as to Plaintiffs state law claim for trespass with respect to defendants Montalto and Novitsky; the Motion is GRANTED as to Plaintiffs state law claim for negligent hiring, retention, and supervision; the Motion is otherwise DENIED; and it is further ORDERED, that the Syracuse Police Department is DISMISSED as a defendant in this action; and it is further ORDERED, that Does 1-100 are DISMISSED as defendants in this action; and it is further ORDERED, that the Clerk serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by Senior U.S. District Judge Lawrence E. Kahn on 11/17/2017. (ban) Modified on 11/17/2017 to correct filing Judge to reflect Judge Kahn (ban).
November 1, 2017 Opinion or Order Filing 88 NOTICE of Appearance by Christina F. DeJoseph on behalf of Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department (DeJoseph, Christina)
November 1, 2017 Opinion or Order Filing 87 Letter Motion from Mary L. D'Agostino for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting permission to withdraw as an attorney of record submitted to Judge Therese Wiley Dancks . (D'Agostino, Mary)
November 1, 2017 Opinion or Order Filing 86 CERTIFICATE OF SERVICE by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department re #84 Reply to Response to Motion, (D'Agostino, Mary)
November 1, 2017 Opinion or Order Filing 85 NOTICE of Appearance by Mary L. D'Agostino on behalf of Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department (D'Agostino, Mary)
November 1, 2017 Opinion or Order Filing 84 REPLY to Response to Motion re #63 First MOTION for Summary Judgment submitted per Text Order 80 filed by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (D'Agostino, Mary)
October 27, 2017 Opinion or Order Filing 83 RESPONSE in Opposition re #63 First MOTION for Summary Judgment filed by Alonzo Grant, Stephanie Grant. (Bonner, Adam)
October 13, 2017 Opinion or Order Filing 82 CERTIFICATE OF SERVICE by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department re #81 Memorandum of Law (D'Agostino, Mary)
October 13, 2017 Opinion or Order Filing 81 MEMORANDUM OF LAW re 80 Order,,,, filed by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (D'Agostino, Mary)
October 12, 2017 Opinion or Order Filing 80 TEXT ORDER: The Court has identified alternative grounds that may entitle Defendants to summary judgment on Alonzo's malicious prosecution and defamation claims. "Under Rule 56(f)(2) of the Federal Rules of Civil Procedure, the Court may grant summary judgment 'on grounds not raised by a party' once it has 'giv[en] notice and a reasonable time' for the parties to respond." Triestman v. Wacks, No. 12-CV-1897, 2017 WL 639322, at *8 (N.D.N.Y. Feb. 16, 2017). The parties are directed to brief (1) whether Alonzo suffered a post-arraignment liberty restraint, with respect to his malicious prosecution claim, and (2) whether statements made by the officers in official reports are privileged, with respect to Alonzo's defamation claim. The parties also may raise any other issues related to these two claims. Defendants shall submit briefing that does not exceed ten pages within fourteen days of this order. Plaintiff shall have fourteen days and ten pages to respond, and Defendants shall have seven days to file a reply, which shall not exceed five pages. Signed by Senior Judge Lawrence E. Kahn on October 12, 2017. (sas)
May 18, 2017 Opinion or Order Filing 79 CERTIFICATE OF SERVICE by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department re #78 Reply to Response to Motion, (D'Agostino, Mary)
May 18, 2017 Opinion or Order Filing 78 AMENDED REPLY to Response to Motion re #63 First MOTION for Summary Judgment filed by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (D'Agostino, Mary) Modified on 5/18/2017 (khr).
May 9, 2017 Opinion or Order Filing 77 TEXT ORDER: The Court is in receipt of Defendants' letter motion (Dkt. No. 74) requesting that Plaintiff's responsive statement of material facts (Dkt. No. 73-1) be stricken because it was inadvertently filed after the response deadline. Alternatively, Defendants argue that the portion of Plaintiff's statement of material facts that offers additional facts not asserted in Defendants statement of material facts (Dkt. No. 63-2) should be stricken. Plaintiff submitted his own letter motion (Dkt. No. 75) belatedly seeking leave to file his late statement of material facts. The Court DENIES Defendants' letter motion and GRANTS Plaintiff's letter motion. Under Local Rule 7.1(a)(3), "[t]he non-movant's response may... set forth any additional material facts that the non-movant contends are not in dispute in separately numbered paragraphs." This is exactly what Plaintiff, the non-moving party, has done here. Further, the Court will not take the drastic step of refusing to consider Plaintiff's statement of material facts simply because it was inadvertently filed a few days after the response deadline. The Court will, however, allow Defendants to file an amended reply by May 19, 2017. Signed by Senior Judge Lawrence E. Kahn on May 09, 2017. (sas)
May 9, 2017 Opinion or Order Filing 76 RESPONSE in Opposition re #75 Letter Motion from A. Cabral Bonner for Alonzo Grant, Stephanie Grant requesting Leave to File Late Statement of Material Facts submitted to Judge Kahn filed by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (D'Agostino, Mary)
May 9, 2017 Opinion or Order Filing 75 Letter Motion from A. Cabral Bonner for Alonzo Grant, Stephanie Grant requesting Leave to File Late Statement of Material Facts submitted to Judge Kahn . (Attachments: #1 Statement of Material Facts)(Bonner, Adam)
May 8, 2017 Opinion or Order Filing 74 Letter Motion from Mary L. D'Agostino, Esq. for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting that Plaintiffs' late submission (Dkt. No. 73) be struck submitted to Judge Lawrence E. Kahn . (D'Agostino, Mary)
May 8, 2017 Opinion or Order Filing 73 RESPONSE in Opposition re #63 First MOTION for Summary Judgment filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 Statement of Material Facts In Opposition to Defendants' Motion for Summary Judgment)(Bonner, Adam)
May 8, 2017 Opinion or Order Filing 72 CERTIFICATE OF SERVICE by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department re #71 Reply to Response to Motion, (D'Agostino, Mary)
May 8, 2017 Opinion or Order Filing 71 REPLY to Response to Motion re #63 First MOTION for Summary Judgment Reply Memorandum of Law filed by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (D'Agostino, Mary)
May 5, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #68 Response in Opposition to Motion. The following Exhibits had personal identifiers: Exhibit 1, 10, 14, 22, 23 and 27. Replaced these Exhibits with redacted copy. (khr)
May 4, 2017 Opinion or Order Filing 70 EXHIBIT 41 (DVD) filed by Alonzo Grant, Stephanie Grant in support of #68 Response in Opposition to Motion. Exhibit maintained in the Clerk's office not available for electronic view. (mgh)
May 4, 2017 Opinion or Order Filing 69 TEXT ORDER granting #67 Letter Request: The Court has received Plaintiffs' Letter Motion seeking leave to file certain audio and video exhibits with the Court. Dkt. No. 67. The Court notes that Plaintiffs are not required to seek leave to file such exhibits under General Order 22, which provides administrative procedures for electronic case filings in this district. General Order No. 22. Section 4.8 of General Order 22 provides that a party "wishing to file items not amenable to.pdf format (i.e. CD's, DVD's), shall file such items conventionally with the Clerks Office[,]... electronically file a notice of conventional filing indicating that these items have been submitted to the clerk[,] and shall serve copies of these items on other parties as if they were not subject to these Administrative Procedures." Id. at 4.8. Nevertheless, the motion is GRANTED and Plaintiffs are ORDERED to file copies of any audio and video exhibits with the Clerk and all attorneys of record in accordance with section 4.8 of General Order 22. Signed by Senior Judge Lawrence E. Kahn on 5/4/2017. (ban)
May 2, 2017 Opinion or Order Filing 68 RESPONSE in Opposition re #63 First MOTION for Summary Judgment filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 Declaration of Alonzo Grant, #2 Declaration of Stephanie Grant, #3 Declaration of A. Cabral Bonner, #4 Exhibit(s) 1 Sherell Grants signed Affidavit, #5 Exhibit(s) 2 Constitutional Law, Part 2 Section A, #6 Exhibit(s) 3 Ethical Awareness, Section 1 Handout, #7 Exhibit(s) 4 New York State Domestic Incident Report Reference Manual, #8 Exhibit(s) 5 Use of Physical Force Policy, Bates Stamped 000307 through 000312, #9 Exhibit(s) 6 Letter to Alonzo Grant from Frank Fowler, dated 7/3/2014, Bates stamped 000312, #10 Exhibit(s) 7 Syracuse Police Department Office of Professional Standards, Case Report 14-93, #11 Exhibit(s) 8 screenshots (19 pages), #12 Exhibit(s) 9 fourteen photographs, #13 Exhibit(s) 10 Criminal Court of the City of Syracuse Misdemeanor Information, #14 Exhibit(s) 11 letter to Charles A. Bonner, Esq. from William J. Fitzpatrick, dated 11/20/2014, #15 Exhibit(s) 12 letter to Alonzo Grant from Joseph L. Lipari, dated 10/16/2014, #16 Exhibit(s) 13 six letters, #17 Exhibit(s) 14 Upstate University Hospital at Community Campus medical records for Alonzo Grant, #18 Exhibit(s) 15 medical record signed by John A. Charles, MD, #19 Exhibit(s) 16 Syracuse City Councilors to Investigate Police Policy on Use of Force, #20 Exhibit(s) 17 Discipline Recommended in 21 Complaints against Syracuse Police, dated 3/24/2015, #21 Exhibit(s) 18 Syracuse Citizen Review Board Annual Report, January 1 to December 31, 2012, #22 Exhibit(s) 19 Syracuse Citizen Review Board Annual Report for 2013, #23 Exhibit(s) 20 Syracuse Citizen Review Board Annual Report for 2014, #24 Exhibit(s) 21 Professional Standards of Conduct & Ethics, Bates stamped 000384 through 000408, #25 Exhibit(s) 22 CNYLEADS Supplemental Report Cover Page, dated 6/28/2014, #26 Exhibit(s) 23 New York State Domestic Incident Report, dated 6/28/2014, #27 Exhibit(s) 24 Google Map blowup of 105 Hudson Street, #28 Exhibit(s) 25 photograph of 105 Hudson Street, #29 Exhibit(s) 26 photograph 105 Hudson Street, #30 Exhibit(s) 27 Syracuse Police Department Use of Force report for incident 14-344710, #31 Exhibit(s) 28 Google Earth printout, #32 Exhibit(s) 29 Google Earth printout, #33 Exhibit(s) 30 transcription of videotaped statement, #34 Exhibit(s) 31 transcript of recorded statement, #35 Exhibit(s) 32 Deposition Subpoena for the Person Most knowledgeable, #36 Exhibit(s) 33 letter to Frank Fowler from Joseph Lipari, dated 12/26/2012, #37 Exhibit(s) 34 letter to Frank Fowler from Joseph Lipari, dated 12/19/12, #38 Exhibit(s) 35 letter to Frank Fowler from Joseph Lipari, dated 1/17/2013, #39 Exhibit(s) 36 letter to Frank Fowler from Joseph Lipari, dated 7/10/2013, #40 Exhibit(s) 37 letter to Frank Fowler from Joseph Lipari, dated 5/4/2013, #41 Exhibit(s) 38 letter to Frank Fowler from Joseph Lipari, dated 5/24/2013, #42 Exhibit(s) 39 letter to Frank Fowler from Joseph Lipari, dated 10/17/2013, #43 Exhibit(s) 40 Syracuse Citizen Review Board Case Report, CRB #14-005, dated 3/5/2014)(Bonner, Charles) (Attachment 4 replaced on 5/5/2017) (khr, ). (Attachment 13 replaced on 5/5/2017) (khr, ). (Attachment 17 replaced on 5/5/2017) (khr, ). (Attachment 25 replaced on 5/5/2017) (khr, ). (Attachment 26 replaced on 5/5/2017) (khr, ). (Attachment 30 replaced on 5/5/2017) (khr, ).
May 2, 2017 Opinion or Order Filing 67 Letter Motion from A. Cabral Bonner, Esq. for Alonzo Grant, Stephanie Grant requesting Permission to conventionally file Exhibit submitted to Judge Lawrence Kahn . (Bonner, Adam)
March 31, 2017 Opinion or Order Filing 66 TEXT ORDER granting Defendants' #65 Letter Request. Attorney John Sickinger is no longer representing defendants in this matter. Defendants continue to be represented by Office of the Corporation Counsel by Mary D'Agostino, Esq. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/31/2017. (sg)
March 31, 2017 Opinion or Order Filing 65 Letter Motion from Mary D'Agostino for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting Removal of Counsel submitted to Judge Kahn . (D'Agostino, Mary)
March 22, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #63 Motion for Summary Judgment. Exhibits B, D, G, H, I, T, V, QQ, RR and SS replaced with redacted copies. Original Exhibits contained personal identifiers. (khr)
March 21, 2017 Opinion or Order Filing 64 CERTIFICATE OF SERVICE by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department re #63 First MOTION for Summary Judgment (D'Agostino, Mary)
March 21, 2017 Opinion or Order Filing 63 First MOTION for Summary Judgment Motion Hearing set for 5/19/2017 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 5/2/2017 Reply to Response to Motion due by 5/8/2017. filed by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Attachments: #1 Declaration Attorney Declaration, #2 Statement of Material Facts Statement of Material Facts, #3 Memorandum of Law Memorandum of Law, #4 Exhibit(s) A - Notice of Claim, #5 Exhibit(s) B - A. Grant 50-h hearing, #6 Exhibit(s) C - S. Grant 50-h hearing, #7 Exhibit(s) D - Use of Force Report, #8 Exhibit(s) E - 911 Event Search, #9 Exhibit(s) G - City Court File, #10 Exhibit(s) H - SPD reports, #11 Exhibit(s) I - OOPS report, #12 Exhibit(s) J - Use of Force Policy, #13 Exhibit(s) K - Domestic Violence Policy, #14 Exhibit(s) L - in-service training, #15 Exhibit(s) M - BPOTC (Use of Force), #16 Exhibit(s) N - CRB report, #17 Exhibit(s) O - letter from DA Fitzpatrick, #18 Exhibit(s) P - City's Response to A. Grant First Set of Interrogatories, #19 Exhibit(s) Q - City's Response to S. Grant First Set of Interrogatories, #20 Exhibit(s) R- Fowler's Response to A. Grant's First Set of Interrogatories, #21 Exhibit(s) S - Fowler's Response to S. Grant's First Set of Interrogatories, #22 Exhibit(s) T - Lockett's Response to A. Grant's First Set of Interrogatories, #23 Exhibit(s) U - Lockett's Response to S. Grant's First Set of Interrogatories, #24 Exhibit(s) V - Montalto's Response to A. Grant's First Set of Interrogatories, #25 Exhibit(s) W - Montalto's Response to S. Grant's First Set of Interrogatories, #26 Exhibit(s) X - Novitsky's Response to A. Grant's First Set of Interrogatories, #27 Exhibit(s) Y - Novitsky's Response to S. Grant's First Set of Interrogatories, #28 Exhibit(s) Z - SPD's Response to A. Grant's First Set of Interrogatories, #29 Exhibit(s) AA - SPD's Response to S. Grant's First Set of Interrogatories, #30 Exhibit(s) BB - Defendants Response to A. Grant's Second Set of Interrogatories, #31 Exhibit(s) CC - SPD's Response to A. Grant's Request for Documents, #32 Exhibit(s) DD - SPD's Response to A. Grant's Second Requests for Production of Docs, #33 Exhibit(s) EE - Defendants' Supplemental Response to Plaintiff's First Set of Interrogatories and Produciton of Documents, #34 Exhibit(s) FF - S. Grant's Response to Interrogatories, #35 Exhibit(s) GG - A. Grant's Response to Interrogatories, #36 Exhibit(s) HH - Plaintiff's Response to Defendants' Interrogatories, #37 Exhibit(s) II - Plaintiffs' Response to Defendants' Request for Production, #38 Exhibit(s) JJ - EBT of A. Grant, #39 Exhibit(s) KK - EBT of S. Grant, #40 Exhibit(s) LL - EBT of Chief Frank Fowler, #41 Exhibit(s) MM - Deposition of Lockett, #42 Exhibit(s) NN - Deposition of Montalto, #43 Exhibit(s) OO - Deposition of Novitsky, #44 Exhibit(s) PP - Deposition of Brown, #45 Exhibit(s) QQ - Deposition of Hayes, #46 Exhibit(s) RR - Deposition of McMullin, #47 Exhibit(s) SS - Deposition of Grant, #48 Exhibit(s) TT - Deposition of Lipari, #49 Exhibit(s) UU - Brown Report, #50 Exhibit(s) VV - Rossi Report) (D'Agostino, Mary) (Attachment 5 replaced on 3/22/2017) (khr, ). (Attachment 7 replaced on 3/22/2017) (khr, ). (Attachment 9 replaced on 3/22/2017) (khr, ). (Attachment 10 replaced on 3/22/2017) (khr, ). (Attachment 11 replaced on 3/22/2017) (khr, ). (Attachment 22 replaced on 3/22/2017) (khr, ). (Attachment 24 replaced on 3/22/2017) (khr, ). (Attachment 45 replaced on 3/22/2017) (khr, ). (Attachment 46 replaced on 3/22/2017) (khr, ). (Attachment 47 replaced on 3/22/2017) (khr, ).
March 8, 2017 Opinion or Order Filing 62 TEXT ORDERED: Defendants' request for an extension of the page limit on their motion for summary judgment is GRANTED. Defendants' memorandum of law shall not exceed thirty-five (35) pages. Plaintiffs' memorandum of law in response to Defendants' motion may also be up to thirty-five (35) pages. Signed by Senior Judge Lawrence E. Kahn on March 08, 2017. (sas)
March 7, 2017 Opinion or Order Filing 61 Letter Motion for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting page extension for Memorandum of Law submitted to Judge Lawrence E. Kahn . (D'Agostino, Mary)
March 7, 2017 Opinion or Order Filing 60 LETTER REQUEST and ORDER granting Atty. M. D'Agostino's #59 Request on behalf of the defendants to file media exhibits conventionally. Signed by Senior Judge Lawrence E. Kahn on March 07, 2017. (sas)
March 6, 2017 Opinion or Order Filing 59 Letter Motion for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting permission to conventionally file exhibits submitted to Judge Lawrence E. Kahn . (D'Agostino, Mary)
February 28, 2017 Opinion or Order Filing 58 NOTICE of Appearance by Mary L. D'Agostino on behalf of Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department (D'Agostino, Mary)
December 19, 2016 Opinion or Order Filing 57 TEXT ORDER: Court has reviewed Defendants' letter request (Dkt. No. #56 ) for extension of expert disclosure deadline, which is granted. Plaintiffs to re-serve expert disclosure in a complete format on Defendants by 12/23/2016. Defendants to serve expert disclosure by 1/9/2017. Any expert rebuttal due 1/23/2017. All Discovery and Discovery Motions due by 2/21/2017. Dispositive Motions to be filed by 3/21/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/19/2016. (sg)
December 16, 2016 Opinion or Order Filing 56 Letter Motion from John Sickinger for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting modification of discovery deadline submitted to Judge Therese Wiley Dancks . (Sickinger, John)
November 10, 2016 Opinion or Order Filing 55 TEXT ORDER : Court has reviewed defendants' letter request (Dkt. No. #54 ) for an extension of time to serve expert disclosure which is granted. Deadlines extended as follows: Defendant expert disclosure due 12/21/2016. Expert Rebuttal due 1/5/2017. All Discovery and Discovery Motions due 2/6/2017. Dispositive Motions to be filed by 3/10/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/10/2016. (sg)
November 10, 2016 Opinion or Order Filing 54 Letter Motion from John Sickinger for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto requesting extension of deadline for expert disclosure submitted to Judge Dancks . (Sickinger, John)
October 4, 2016 Opinion or Order Filing 53 TEXT ORDER granting #52 Letter Request. The Clerk is directed to terminate Attorney Paquette from the docket. All defendants will be represented by Attorney Sickinger, who has filed an appearance in the case. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/4/2016. (sg)
October 3, 2016 Opinion or Order Filing 52 Letter Motion from Aimee Paquette for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting Withdrawal as Counsel submitted to Judge Therese Dancks . (Paquette, Aimee)
September 30, 2016 Opinion or Order Filing 51 TEXT ORDER : Court has reviewed status report (Dkt. No. #50 ) and based upon the information therein, fact discovery is closed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/30/2016. (sg)
September 29, 2016 Opinion or Order Filing 50 STATUS REPORT by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
August 17, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 8/17/2016. Appearances: Jesse Ryder, Esq., Adam C. Bonner, Esq., Charles Bonner, Esq. for Plainitff; Aimee Paquette for Defendants. Plaintiff requests to conduct additional discovery as to witnesses Rajchel, Brown, Jackson, A. Harrington, K. Harrington, and Abraham, who were on scene after Plaintiff's arrest. Plaintiff to serve interrogatories and document demands on Defendants as to those additional witnesses by 8/31/2016. Court will allow 25 interrogatories in total with respect to these additional witnesses. Defendants advise there are no other witnesses to disclose. Parties both advise that other than the discovery to be conducted as to these additional witnesses, the parties have completed Fact Discovery. Attorney Charles Bonner to file joint status report by 9/30/2016 advising the Court whether there are any discovery issues, and the status of the additional interrogatories and discovery demands served as to the additional witnesses. Court resets deadlines as follows: Plaintiff expert disclosure due 10/24/2016; Defendant expert disclosure due 11/21/2016. Rebuttal due 12/5/2016. All Discovery to be completed by 1/9/2017. Dispositive Motions to be filed by 2/10/2017. (Digitally Recorded) (sg)
July 22, 2016 Opinion or Order Filing 49 NOTICE of Appearance by John A. Sickinger on behalf of All Defendants (Sickinger, John)
July 14, 2016 Opinion or Order Filing 48 STATUS REPORT by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Paquette, Aimee)
July 14, 2016 Opinion or Order Filing 47 TEXT ORDER : In light of the Court's adjournment of pretrial deadlines without new date at this time (Text Minute Entry of 7/14/2016), the jury trial scheduled for 9/27/2016 before U.S. District Judge Kahn in Albany is hereby adjourned without new date. A new trial date will be set at a later time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/14/2016. (sg)
July 14, 2016 Opinion or Order Filing 46 TEXT ORDER denying Plaintiffs' #43 Letter Request for court ordered deposition of Stephanie Minor for reasons stated on the record at the 7/14/2016 Telephone Conference. Court will allow the deposition of Lt. Brown on either 7/25/2016 if the officer is available, or on another date and time that the parties may agree upon. Court will not permit Lt. Brown to testify to anything the Court has not permitted based on prior rulings; and it is further ORDERED, that defendants' counsel shall file a status report with the Court by 7/15/2016 advising whether Lt. Brown is available on 7/25/2016 or other dates of availability for deposition; and it is further ORDERED, that Plaintiffs' counsel shall provide Defendants' counsel with written notice of the questions for Lt. Brown at his deposition. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/14/2016. (sg)
July 14, 2016 Opinion or Order CLERK'S CORRECTION OF 7/14/2016 Text Minute Entry: Text Minute Entry has been amended to reflect appearances by all counsel. (sg)
July 14, 2016 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 8/17/2016 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Defendant counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
July 14, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 7/14/2016 re: Plaintiffs' #43 Letter Motion for court ordered deposition of Stephanie Miner. Court hears from Plaintiff in support of letter motion. Court hears from Defendant's counsel in opposition to letter motion. Court denies Dkt. #43 for reasons stated on the record. A separate text order will be issued. Court inquires on deposition of Mr. Lipari, and counsel advise it is set for 7/26/2016. Court will permit the deposition of Lt. Brown on 7/25/2016 or other date when Lt. Brown is available. Defendant's counsel to file a status report to the Court by 7/15/2016, advising the Court whether Lt. Brown is available for deposition on either 7/25/2016 or other dates when he is available. Court will not permit Lt. Brown to give deposition testimony on anything the Court has not permitted based on prior rulings. Plaintiff's counsel is to send a letter to Defendant's counsel by 7/18/2016 advising counsel of the questions Plaintiffs intend to ask at Lt. Brown's deposition. All Fact Discovery to be completed by 8/1/2016. Court adjourns remaining discovery deadlines without new date, and will set a telephone conference for mid-August to re-set remaining deadlines. Appearances: Jess Ryder, Esq., Adam Bonner, Esq, Charles Bonner, Esq. for Plaintiffs; Aimee Paquette, Esq. for Defendants. (Digitally Recorded) (sg)
July 11, 2016 Opinion or Order Filing 45 RESPONSE to plaintiffs' #43 Letter Motion for court ordered deposition of Stephanie Miner filed by by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Paquette, Aimee) Modified on 7/12/2016 to indicate this is a response and not just a letter brief (sal).
July 7, 2016 Opinion or Order Filing 44 TEXT ORDER setting Telephone Conference as to #43 Letter Request/Motion for court ordered deposition of Stephanie Miner. Defendant's response to letter motion due by 7/11/2016. No Reply permitted. Telephone Conference set for 7/14/2016 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Attorney Bonner is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) when all parties are on the line. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/6/2016. (sg)
July 6, 2016 Opinion or Order Filing 43 Letter Request/Motion for court ordered deposition of Stephanie Miner. by Alonzo Grant, Stephanie Grant. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Bonner, Charles) Modified on 7/6/2016 (sg).
July 6, 2016 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re: #43 Letter Request/Motion : Docket entry has been corrected to reflect that this filing is a letter request/motion requesting that the court order the deposition of Stephanie Miner, rather than a "letter brief." (sg)
June 28, 2016 Opinion or Order Filing 42 ORDER re: In Camera Review of Citizen Review Board records and Lipari Deposition: for the reasons set forth herein, it is ORDERED, that the redacted documents concerning complaints to the Citizen Review Board involving sustained/substantiated claims of excessive force, false arrest, and false imprisonment by any officer supervised by Defendants Novitsky and/or Fowler previously submitted to the Court for an in camera review shall be produced to Plaintiffs by July 6, 2016; and it is further ORDERED, that the deposition of the former Citizen Review Board administrator, Joseph Lipari, shall be completed in accordance with the parameters set forth herein by July 29, 2016; and it is further ORDERED, that the Clerk is directed to return the redacted documents which the Court reviewed in camera to Defendants' counsel. Signed by Magistrate Judge Therese Wiley Dancks on 6/28/2016. (sg)
June 14, 2016 Opinion or Order Filing 41 LETTER BRIEF by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
June 7, 2016 Opinion or Order Filing 40 LETTER BRIEF by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Paquette, Aimee)
May 31, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 5/31/2016. Appearances: Adam C. Bonner, Esq., Charles A. Bonner, Esq. for Plaintiff; Aimee M. Paquette, Esq. for Defendants. Court inquires on status of discovery. Parties are to confer and schedule depositions. Court hears from parties re: subpoenaed deposition of Lipari. Defendant maintains objection to the deposition subpoena as to Lipari. Defendants to file brief on objections to subpoena of Lipari deposition by 6/7/2016. Plaintiff to file response by 6/14/2016. Briefs should be no longer than 5 pages. Court will conduct in camera review of the Citizens Review Board records as previously discussed, once those records are received from Defendants. Deadlines remain as set. (FTR Recorded) (sg)
May 20, 2016 Opinion or Order Filing 39 TEXT ORDER granting #38 Letter Request for extension. Defendants to submit documents for in camera review per Dkt. No. #37 by 6/3/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/17/2016. (sg)
May 17, 2016 Opinion or Order Filing 38 Letter Motion from Aimee Paquette for Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting Deadline Extension of Dkt. #37 submitted to Judge Therese Dancks . (Paquette, Aimee)
April 27, 2016 Opinion or Order Filing 37 ORDER granting in part and denying in part Plaintiff's #35 letter motion to compel discovery as set forth herein. It is further ORDERED, that documents to be produced to Plaintiffs or submitted to the Court as directed herein shall be produced/submitted by 5/20/2016. Signed by Magistrate Judge Therese Wiley Dancks on 4/27/2016. (sg)
April 27, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 4/27/2016. Appearances: Charles A. Bonner, Esq. for Plaintiff; Aimee M. Paquette, Esq. for Defendants. Court addresses Dkts. 35 and 36 - issue of information subpoenaed by Plaintiff, and Defendants' objections. Court issues ruling on the document requests as set forth in Dkt. [36-1] "Attachment." Defendants to provide documents to Plaintiff by 5/20/2016. With respect to request Nos. 47, 48, and 49 (as set forth in Dkt. No. [36-1] "Attachment"), Court directs Defendants' counsel to produce the requested documents to the Court for in camera inspection by 5/20/2016. A separate Text Order will be issued with the detailed ruling. Plaintiff to provide to Defendant signed authorizations by 5/6/2016. Expert disclosure deadlines are adjourned at this time. Other deadlines remain as set. Judge Dancks will schedule another telephone conference for the week of May 30, a separate text notice will be issued setting the date and time. (Court Reporter Diane Martens) (sg)
April 27, 2016 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 5/31/2016 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
March 21, 2016 Opinion or Order Filing 36 STATUS REPORT by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s))(Paquette, Aimee)
March 21, 2016 Opinion or Order Filing 35 STATUS REPORT/Letter Motion to Compel Discovery by Alonzo Grant, Stephanie Grant. (Bonner, Charles) Modified on 4/27/2016 (sg).
March 11, 2016 Opinion or Order TEXT NOTICE: (set deadline) Status Reports from each party due by 3/21/2016. (sg)
March 10, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 3/10/2016. Appearances: Jesse Ryder, Esq., Adam Bonner, Esq., Charles Bonner, Esq. for Plaintiff; Aimee Paquette, Esq. for Defendants. Court addresses Dkt. 33 and Defendants' objections to subpoenaed information. Court directs that the two depositions set for 3/14/2016 are to be adjourned. Court directs parties to meet and confer re: subpoenaed information and discuss Defendants' objections. Each party to file status report by 3/21/2016 advising the Court what has been resolved as to subpoenaed information and what is outstanding and not resolved. The parties are to set forth the basis for why they believe the information is necessary or is not discoverable. Court will then make a ruling based upon those status reports. (Court ReporterEileen McDonough: 10:10AM-10:25AM) (sg)
March 4, 2016 Opinion or Order Filing 34 TEXT ORDER granting #33 Letter Request for telephone conference. Telephone Conference set for 3/10/2016 at 10:00 AM in before Magistrate Judge Therese Wiley Dancks. Attorney Paquette is directed to initiate the call and to contact Chambers at 315-234-8618 (the dedicated conference line) once all counsel are on the line. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2016. (sg)
March 3, 2016 Opinion or Order Filing 33 Letter Motion from Aimee Paquette for Chief of Police Frank Fowler, City of Syracuse, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department requesting Conference submitted to Judge Dancks . (Attachments: #1 Exhibit(s) A)(Paquette, Aimee)
February 18, 2016 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Conference has been set for 4/27/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
February 17, 2016 Opinion or Order Filing 32 STATUS REPORT by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Paquette, Aimee)
January 28, 2016 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 1/28/2016. Appearances: Jess Ryder, Esq., Charles Bonner, Esq. for Plaintiff; Aimee Paquette, Esq. for Defendants. Court inquires on status of discovery, directs counsel to schedule depositions of non-party witnesses. Defendant to file status report by 2/17/2016 reporting on the personnel file issue and whether anything needs to be reviewed in camera, and the schedule of the two non-party depositions discussed during this conference. Based on that status report, the Court will set a further conference to discuss status of discovery and whether there will be any further mediation. Court re-sets deadlines as follows: Discovery to be complete by 8/1/2016; Discovery Motions due 8/8/2016; Dispositive Motions due 8/31/2016; Plaintiff's expert disclosure due 5/3/2016; Defendants expert disclosure due 6/17/2016; Rebuttal due 7/4/2016. Trial date remains as set. (FTR Recorded: 10:03AM-10:23AM) (sg)
October 16, 2015 Opinion or Order TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 1/28/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiffs' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
October 16, 2015 Opinion or Order ADR COMPLETED - Did not settle (jlm)
October 15, 2015 Opinion or Order Filing 31 STATUS REPORT by Alonzo Grant, Stephanie Grant. (Bonner, Charles)
October 14, 2015 Opinion or Order Filing 30 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 10/13/2015. Total Hours Spent by Mediator: 4.5; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Pease, William)
October 6, 2015 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 10/6/2015. Appearances: Charles A. Bonner, Esq. for Plaintiff; Aimee M. Paquette, Esq. for Defendants. Court inquires on status of discovery. Mediation set for 10/13/2015 and 10/14/2015. Parties have selected two mediators. Plaintiff to file status report by 10/16/2015 on status of mediation. If case does not settle at mediation, Court may issue further directive to counsel re: providing a depositions schedule. (FTR Recorded: 11:02AM-11:06AM) (sg)
October 6, 2015 Opinion or Order Filing 29 Letter Notice to the Court by Alonzo Grant, Stephanie Grant submitted to Judge THERESE WILEY DANCKS. (Bonner, Charles) Modified on 10/6/2015 (sg).
October 6, 2015 Opinion or Order Filing 28 Letter Notice to the Court re: parties agreeing to mediation by both William Pease and Gustave DiBianco by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, William Pease, Syracuse Police Department submitted to Judge Dancks. (Paquette, Aimee) Modified on 10/6/2015 (sg).
October 6, 2015 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re: Dkts. [28 and #29 - Docket text of entries #28 and #29 has been corrected to reflect that these filings are letter notices to the Court. (sg)
August 3, 2015 Opinion or Order Filing 27 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that William Pease, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Aimee Paquette, Esq., Counsel for Defendants and Charles Bonner, Esq. and Jesse Ryder, Esq., Counsel for Plaintiffs. Dated: July 30, 2015(Paquette, Aimee)
July 13, 2015 Opinion or Order Filing 26 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/10/2015. Deadline for completion of Mandatory Mediation is 11/10/2015. Signed by Magistrate Judge Therese Wiley Dancks on 7/13/2015. (sg)
July 13, 2015 Opinion or Order Filing 25 UNIFORM PRETRIAL SCHEDULING ORDER: Rule 33 and 34 Requests to be served by 7/31/2015. Joinder of Parties due by 10/13/2015. Any application to Amend Pleadings due by 10/13/2015. Discovery due by 4/29/2016. Discovery Motions due by 5/6/2016. Dispositive Motions to be filed by 6/29/2016. Trial Ready Deadline is 9/6/2016. Jury Trial set for 9/27/2016 at 9:30 AM in Albany, New York before Senior Judge Lawrence E. Kahn. Anticipated length of trial: 4 days. Case referred into Court's Mandatory Mediation Program, a separate order will be issued establishing deadlines. Signed by Magistrate Judge Therese Wiley Dancks on 7/13/2015. (sg)
July 13, 2015 Opinion or Order TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 10/6/2015 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel is directed to initiate the call and to 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. (sg)
July 13, 2015 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 7/13/2015. Appearances: Jesse P. Ryder, Esq. and Charles A. Bonner, Esq. for Plaintiffs; Aimee M. Paquette, Esq. for Defendants. Rule 26 disclosures complete. Experts anticipated. Court reviews Civil Case Management Plan. Judge explains the Mandatory Mediation Pilot Program and advises a separate order will be issued referring the case in and setting deadlines. Pretrial deadlines are established, a scheduling order will be issued. (FTR Recorded: 10:00AM-10:25AM) (sg)
July 6, 2015 Opinion or Order Filing 24 CIVIL CASE MANAGEMENT PLAN by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department. (Paquette, Aimee)
June 1, 2015 Opinion or Order Filing 23 ANSWER to #10 Amended Complaint by Chief of Police Frank Fowler, City of Syracuse, Does 1-100, Damon Lockett, Paul Montalto, Brian Novitsky, Syracuse Police Department.(Paquette, Aimee)
May 26, 2015 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Alonzo Grant, Stephanie Grant (Ryder, Jesse)
May 26, 2015 Opinion or Order Filing 21 CERTIFICATE OF SERVICE by Alonzo Grant, Stephanie Grant (Ryder, Jesse)
May 26, 2015 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Alonzo Grant, Stephanie Grant (Ryder, Jesse)
May 26, 2015 Opinion or Order Filing 19 CERTIFICATE OF SERVICE by Alonzo Grant, Stephanie Grant (Ryder, Jesse)
May 26, 2015 Opinion or Order Filing 18 CERTIFICATE OF SERVICE by Alonzo Grant, Stephanie Grant (Ryder, Jesse)
May 26, 2015 Opinion or Order Filing 17 CERTIFICATE OF SERVICE by Alonzo Grant, Stephanie Grant (Ryder, Jesse)
May 21, 2015 Opinion or Order Filing 16 AFFIDAVIT of Service for SUMMONS & COMPLAINT-SCHEDULING ORDER served on CHIEF FRANK FOWLER on 5-18-2015, filed by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
May 21, 2015 Opinion or Order Filing 15 AFFIDAVIT of Service for SUMMONS & COMPLAINT-SCHEDULING ORDER served on OFFICER BRIAN NOVITSKY on 5-18-2015, filed by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
May 21, 2015 Opinion or Order Filing 14 AFFIDAVIT of Service for SUMMONS & COMPLAINT-SCHEDULING ORDER served on OFFICER PAUL MONTALTO on 5-18-2015, filed by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
May 21, 2015 Opinion or Order Filing 13 AFFIDAVIT of Service for SUMMONS & COMPLAINT-SCHEDULING ORDER served on OFFICER DAMON LOCKETT on 5-18-2015, filed by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
May 21, 2015 Opinion or Order Filing 12 AFFIDAVIT of Service for SUMMONS & COMPLAINT-SCHEDULING ORDER served on SYRACUSE POLICE DEPARTMENT on 5-18-2015, filed by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
May 21, 2015 Opinion or Order Filing 11 AFFIDAVIT of Service for SUMMONS & COMPLAINT-SCHEDULING ORDER served on CITY OF SYRACUSE on 5-18-2015, filed by Alonzo Grant, Stephanie Grant. (Ryder, Jesse)
May 21, 2015 Opinion or Order ***Answer due date 6/2/2015 for All Defendants. (lah)
May 19, 2015 Opinion or Order Filing 10 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Alonzo Grant, Stephanie Grant.(Ryder, Jesse)
May 19, 2015 Opinion or Order Filing 9 NOTICE of Appearance by Aimee M. Paquette on behalf of All Defendants (Paquette, Aimee)
April 27, 2015 Opinion or Order Filing 8 ORDER granting #6 Motion for Limited Admission Pro Hac Vice of Adam Cabral Bonner for Alonzo Grant and Stephanie Grant. Signed by Magistrate Judge Therese Wiley Dancks on 4/27/2015. (sg )
April 27, 2015 Opinion or Order Filing 7 ORDER granting #5 Motion for Limited Admission Pro Hac Vice of Charles A. Bonner for Alonzo Grant and Stephanie Grant. Signed by Magistrate Judge Therese Wiley Dancks on 4/27/2015. (sg )
April 16, 2015 Opinion or Order Filing 6 MOTION for Limited Admission Pro Hac Vice of ADAM CABRAL BONNER Filing fee $100, receipt number 0206-3259999. filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 PROPOSED ORDER, #2 AFFIDAVIT OF SPONSOR, #3 PETITION FOR ADMISSION, #4 E-FILING REGISTRATION FORM, #5 OATH OF ADMISSION) Motions referred to Therese Wiley Dancks. (Ryder, Jesse) (added on 4/27/2015: #6 Certificate of Good Standing) (lah).
April 16, 2015 Opinion or Order Filing 5 MOTION for Limited Admission Pro Hac Vice of CHARLES A. BONNER Filing fee $100, receipt number 0206-3259891. filed by Alonzo Grant, Stephanie Grant. (Attachments: #1 PROPOSED ORDER, #2 AFFIDAVIT OF SPONSOR, #3 PETITION FOR ADMISSION, #4 E-FILING REGISTRATION FORM, #5 OATH OF ADMISSION) Motions referred to Therese Wiley Dancks. (Ryder, Jesse) (added on 4/27/2015: #6 Certificate of Good Standing) (lah).
April 15, 2015 Opinion or Order Filing 2 Summons Issued as to City of Syracuse. (Attachments: Summonses #1 Syracuse Police Dept., #2 Officer Lockett, #3 Officer Montalto, #4 Officer Novitsky, #5 Chief Fowler)(lah)
April 14, 2015 Opinion or Order Filing 4 NOTICE of Admission Requirement as to Party Plaintiffs. Attorneys Charles A. Bonner and A. Cabral Bonner, Email addresses are charles@bonnerlaw.com cabral@bonnerlaw.com. Phone number is 415-331-3070. Admissions due by 4/28/2015. (lah)
April 14, 2015 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/13/2015 at 10:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/6/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (lah)
April 14, 2015 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0206-3257103) filed by Alonzo Grant, Stephanie Grant. (Attachment: #1 Civil Cover Sheet)(lah)

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Search for this case: Grant et al v. City of Syracuse et al
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Defendant: Damon Lockett
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
Represented By: John G. Powers
Represented By: H. J. Hubert
Represented By: Paul J. Tuck
Represented By: Todd M. Long
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Defendant: Syracuse Police Department
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
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Defendant: City of Syracuse
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
Represented By: John G. Powers
Represented By: H. J. Hubert
Represented By: Paul J. Tuck
Represented By: Todd M. Long
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Defendant: Does 1-100
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
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Defendant: Chief of Police Frank Fowler
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
Represented By: John G. Powers
Represented By: H. J. Hubert
Represented By: Paul J. Tuck
Represented By: Todd M. Long
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Defendant: Paul Montalto
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
Represented By: John G. Powers
Represented By: H. J. Hubert
Represented By: Paul J. Tuck
Represented By: Todd M. Long
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Defendant: Brian Novitsky
Represented By: Mary L. D'Agostino
Represented By: Aimee Cowan
Represented By: John A. Sickinger
Represented By: Christina F. DeJoseph
Represented By: John G. Powers
Represented By: H. J. Hubert
Represented By: Paul J. Tuck
Represented By: Todd M. Long
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Not classified by court: William Pease
Represented By: William H. Pease
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Not classified by court: Gustave J. DiBianco
Represented By: Gustave J. DiBianco
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Plaintiff: Stephanie Grant
Represented By: Jesse P. Ryder
Represented By: A. Cabral Bonner
Represented By: Charles A. Bonner
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Plaintiff: Alonzo Grant
Represented By: Jesse P. Ryder
Represented By: A. Cabral Bonner
Represented By: Charles A. Bonner
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