Jennings v. Decker et al
| Jennings and Tony Jennings |
| Decker, Jeremy Decker, Sergeant Robert Ocker, Darren Ettinger, Syracuse Police Department, City of Syracuse and Doe |
| 5:2017cv00054 |
| January 19, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| David E Peebles |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 126
LETTER REQUEST & ORDER granting Attorney Christina F. DeJoseph's request for City of Syracuse, Jeremy Decker & Darren Ettinger #125 for an extension of the current motion filing deadline. Request is GRANTED. Motions to be filed by 7/27/2020. Signed by Senior Judge Lawrence E. Kahn on April 1, 2020. (Copy served via regular mail)(sas)
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| Filing 125 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting extension of deadline to file dispositive motions submitted to Judge Hon. Lawrence E. Kahn . (Attachments: #1 Exhibit(s) A)(DeJoseph, Christina) |
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Filing 124
TEXT ORDER: Court has reviewed the docket. The 2/25/2020 Telephone Status Conference is ADJOURNED without new date at this time. The parties should file a letter request for settlement conference, if desired. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/19/2020. (sg )
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Filing 123
TEXT ORDER: The Court has received Defendants' letter requesting permission to file a dispositive motion, Dkt. No. 121 ("Defendants' Letter"), and Plaintiff's letter objecting to that request, Dkt. No. 122 ("Plaintiff's Letter"). In light of the discovery produced by the parties since the Court's June 14, 2019 Text Order reopening discovery, Dkt. No. 80, some of which appears relevant to Plaintiff's excessive force claim, the Court believes it is fair to allow Defendants to file a dispositive motion as to all claims. See Bonano v. Doe, 628 F. App'x 25, 27 (2d Cir. 2015) ("District courts may in their discretion permit renewed or successive motions for summary judgment, particularly when the moving party has expanded the factual record on which summary judgment is sought."). Thus, Defendants' request for permission to file a dispositive motion is GRANTED. Finally, Plaintiff may raise his request for "a settlement conference prior to the return date for [Defendants' impending] motion," Pl.'s Letter at 1, with the Honorable Thrse Wiley Dancks, U.S. Magistrate Judge. Motions to be filed by 4/27/2020. Signed by Senior Judge Lawrence E. Kahn on February 11, 2020.***A copy of this Order was served upon pro se party via US Mail. (sas)
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| Filing 122 Letter Motion from Kevin M. Cannizzaro for Tony Jennings requesting Objecting to Defendant's request to file dispositive motion submitted to Judge Kahn . (Cannizzaro, Kevin) |
| Filing 121 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting permission to file a dispositive motion submitted to Judge Hon. Lawrence E. Kahn . (DeJoseph, Christina) |
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Filing 120
TEXT ORDER denying as moot #119 Letter Request requesting that the court re-issue subpoenas bearing the Court's signature. The Court spoke with the Assistant Corporation Counsel, who advises that the Court's signature is viewable on the subpoenas issued at Dkt. No. 118. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/6/2020. (sg)
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| Filing 119 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting signed subpoenas to be uploaded to docket submitted to Judge Hon. Therese Wiley Dancks . (DeJoseph, Christina) |
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Filing 118
TEXT ORDER granting #117 Letter Request for two Court-issued subpoenas. The requested subpoenas to the Onondaga County Justice Center and Onondaga County District Attorney's Office are attached hereto. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/6/2020. (sg )
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| TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 2/25/2020 at 10:00 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 ) |
| Filing 117 Status report on discovery matters Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting execution of subpoenas submitted to Judge Hon. Therese Wiley Dancks . (Attachments: #1 Exhibit(s) proposed subpoena directed to Justice Center, #2 Exhibit(s) proposed subpoena directed to District Attorney's office)(DeJoseph, Christina) |
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Filing 116
TEXT ORDER: Court reviewed docket and notes that status report due 1/31/2020 was not filed per Dkt. No. 111 . Defendants' time to file the status report sua sponte extended to 2/7/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/4/2020. (sg )
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| Filing 115 ***SEALED portion of transcript of 11/26/2019 Telephone Conference, filed under seal pursuant to the Text Order of Magistrate Judge Therese Wiley Dancks dated 1/23/2020 (Dkt. No. 113). (sg ) (sg, ). |
| Filing 114 TRANSCRIPT of Proceedings: Telephone Conference (Unsealed Portion) held on 11/26/2019 before Judge Therese Wiley Dancks, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020. Notice of Intent to Redact due by 1/29/2020 (etm, ) |
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Filing 113
TEXT ORDER: Per discussions on the telephone conference call on 11/26/2019, the Court directs the sealing of that part of the transcript regarding settlement negotiations as necessary to encourage amicable resolution of the parties' dispute. Therefore Dkt. No. #112 is moot. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/23/2020. (sg)
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| Filing 112 Transcript Redaction Request re #109 Transcript,,,,, of November 26, 2019 telephone conference consistent with court's sealing order by Christina F. DeJoseph. (Attachments: #1 Exhibit(s) Notice of Intent to Request Redaction)(DeJoseph, Christina) |
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Filing 111
TEXT ORDER: Court reviewed documents submitted in camera for review by defendants pursuant to permission from the Court (Dkt. Nos. 103 , 105 ) and finds the subject documents submitted with Dkt. No. #102 unrelated to the plaintiff's claims and therefore not discoverable. Court also held a telephone conference on 1/21/2020 with counsel to discuss the scope of plaintiff's Monell claims and related discovery pursuant to those claims. Court has also considered the parties' respective letter motions at Dkt. Nos. #107 and #108 . Court finds plaintiff's Monell claims and related discovery are limited to a claim of improper policy, custom or practice regarding racial profiling, and failure to properly train, discipline, and supervise officers. In that regard, Dkt. No. #107 , to the extent it seeks to limit Plaintiff's Monell claims, is granted and Dkt. No. #108 , to the extent it seeks to expand Plaintiff's Monell claims, is denied. Defendant to produce former Chief of Police Fowler for a deposition and plaintiff may question him on these issues regarding the Monell claims and regarding other relevant topics as discussed during the conference call and as related to the remaining claims. Plaintiff to serve Rule 26 disclosures by 1/24/2020. Defendants to file status report with the Court by 1/31/2020 regarding possible non-party witness deposition and any other discovery issues. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/21/2020. (sg)
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 1/21/2020 regarding Dkt. Nos. 107 and 108, and to issue decision regarding in camera review of documents. Court issues decisions and makes directives. A separate text order will be issued. APPEARANCES: Kevin Cannizzaro, Esq., pro bono counsel for Plaintiff; Christina DeJoseph, Esq. for Defendants. (Digitally Recorded)) (sg) |
| Filing 109 TRANSCRIPT of Proceedings: Digitally Recorded Telephone Conference held on 11/26/2019 before Judge Therese Wiley Dancks, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/7/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/16/2020. Notice of Intent to Redact due by 1/22/2020 (etm, ) |
| TEXT NOTICE OF HEARING: Telephone Conference set for 1/21/2020 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. The Court will address the parties' concerns addressed in the telephone conference on 1/13/2020 and in Dkt. Nos. #107 and #108 . 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. (rjb, ) |
| Filing 108 Letter Motion from Kevin M. Cannizzaro for Tony Jennings submitted to Judge Dancks . (Cannizzaro, Kevin) |
| Filing 107 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting review of 11/26/19 conference audio and propriety of Chief Fowler's deposition submitted to Judge Hon. Therese Wiley Dancks . (DeJoseph, Christina) |
| Filing 106 TRANSCRIPT REQUEST by City of Syracuse, Jeremy Decker, Darren Ettinger for proceedings held on November 26, 2019 before Judge Hon. Therese Wiley Dancks.. (DeJoseph, Christina) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 1/13/2020 re: deposition of Plaintiff and scope of Monell claim. Parties to continue with Plaintiff's deposition with directives from the Court. Defendant reserves right to follow up with further deposition of Plaintiff, if necessary, after further conferencing with counsel and the Court. APPEARANCES: Kevin Cannizzaro, Esq. for Plaintiff; Christina DeJoseph, Esq. for Defendants. (sg ) |
| Filing 110 Transmittal Letter by Defendants submitting additional documents to the Court for in camera review on 1/10/2020. (sg ) |
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Filing 105
TEXT ORDER: Court has reviewed letter motion (Dkt. No. #104 ) requesting to file documents under seal for purposes in aiding the Court in its in camera review per Dkt. No. 103 . Letter motion granted in part and denied in part as follows: defendants to submit the referenced documents to the Court in camera by 1/13/2019, which the Court will review for comparison when completing the in camera review permitted by Dkt. No. 103 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/10/2020. (sg )
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| Filing 104 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting to file documents previously produced pursuant to a protective order under seal submitted to Judge Hon. Therese Wiley Dancks . (DeJoseph, Christina) |
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Filing 103
TEXT ORDER: Court reviewed plaintiff's letter motions (Dkt. Nos. #99 , #100 ) requesting authorization for reimbursement for pro bono costs, which are denied as premature, without prejudice to resubmit upon completion of pro bono service. Court appreciates the prior notice of the expected deposition expenses. Court also reviewed defendants' letter motion (Dkt. No. #101 ) requesting an in camera review of certain documents which is granted. Court has received the documents for in camera review (see Dkt. No. #102 ) and will complete the review in due course. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/6/2020. (sg)
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| Filing 102 Transmittal Letter filed by Defendants submitting documents to the Court for in camera review. (sg ) |
| Filing 101 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting in camera review submitted to Judge Hon. Therese Wiley Dancks . (DeJoseph, Christina) |
| Filing 100 Letter Motion from Kevin M. Cannizzaro for Tony Jennings requesting authorization and approval of reimbursement of pro bono costs submitted to Judge Dancks . (Cannizzaro, Kevin) |
| Filing 99 Letter Motion from Kevin M Cannizzaro for Tony Jennings requesting prior approval of reimbursement of pro bono costs pursuant to Local Rule 83.3(g) submitted to Judge Dancks . (Cannizzaro, Kevin) |
| Filing 98 STATUS REPORT re deposition schedule and status of resolution of case by City of Syracuse, Jeremy Decker, Darren Ettinger. (DeJoseph, Christina) |
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Filing 97
Stipulated Protective Order. Signed by Magistrate Judge Therese Wiley Dancks on 12/18/2019. (sg )
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| Filing 96 Letter Motion from Kevin M. Cannizzaro for Tony Jennings requesting approval of proposed stipulated protective order submitted to Judge Dancks . (Attachments: #1 Exhibit(s))(Cannizzaro, Kevin) |
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Filing 95
TEXT ORDER: Court has reviewed Dkt. Nos. #93 and #94 regarding proposed protective order, which are denied in part and granted in part without prejudice. Since the parties apparently did not have a good faith meet and confer regarding the contents of the proposed order, the parties should discuss the contents of the order and Plaintiff should submit a further proposed protective order by 12/13/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/9/2019. (sg)
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| Filing 94 Letter Motion from Kevin M. Cannizzaro for Tony Jennings submitted to Judge Dancks . (Cannizzaro, Kevin) |
| Filing 93 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting approval of stipulated protective order subject to objections by opposing counsel submitted to Judge Hon. Therese Wiley Dancks . (Attachments: #1 Proposed Order/Judgment proposed stipulated protective order)(DeJoseph, Christina) |
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Filing 92
TEXT ORDER: Court has reviewed Dkt. No. #91 . The Court's 11/26/2019 Text Order (Dkt. No. 90) pertaining to the directive addressed in Dkt. #91 only is corrected as follows: Prior, substantiated complaints re: racial profiling only made to both CRB and SPD for period of 1/2011 - 1/2016 are to be produced by Defendants by 1/6/2020. Those portions of the said substantiated complaints produced by Defendants involving other allegations may be redacted. All other directives in Dkt. No. 90 remain as issued by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/26/2019. (sg )
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| Filing 91 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting clarification of text order (Dkt. 90) submitted to Judge Hon. Therese Wiley Dancks . (DeJoseph, Christina) |
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Filing 90
TEXT ORDER: The court made the following directives at the 11/26/2019 Telephone Conference: Personnel files of Decker and Ettinger to be produced by defendant subject to protective order by 12/2/2019. Stipulated protective order to be submitted for Court approval by 12/6/2019. Training materials as discussed during this conference as to Decker and Ettinger to be provided to Plaintiff by 12/6/2019. Defendant to file status report with schedule of depositions and status of resolution of the case by 12/20/2019. Prior, substantiated complaints re: excessive force and racial profiling made to both CRB and SPD for period of 1/2011 - 1/2016 to be produced by 1/6/2020. Deadlines reset as follows: All discovery including depositions to be completed by 1/31/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/26/2019. (sg )
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 11/26/2019. Appearances: Kevin Cannizzaro, Esq., pro bono counsel to plaintiff; Christina DeJoseph, Esq. for Defendants. After discussion with counsel re: discovery issues and status of resolution of the case, Court makes directives and re-sets deadlines. A text order will follow. That portion of this transcript that discusses proposed resolution of the case is SEALED, and available only to attorneys of record/parties to the case by Order of Magistrate Judge Therese Wiley Dancks. (Digitally Recorded)) (sg ) |
| Filing 89 LETTER BRIEF by Tony Jennings. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Cannizzaro, Kevin) |
| Filing 88 LETTER BRIEF outlining discovery dispute by City of Syracuse, Jeremy Decker, Darren Ettinger. (DeJoseph, Christina) |
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Filing 87
TEXT ORDER: Court has reviewed Dkt. No. #86 . The 12/11/2019 Telephone Conference has been RESCHEDULED for 11/26/2019 at 10:00 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. Counsel for plaintiff and defendants to each submit a letter brief by 11/22/2019, maximum of 3pp, single spaced, 12pt font, outlining their respective positions on the discovery dispute.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/18/2019. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg )
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| Filing 86 Letter Motion from Kevin M. Cannizzaro for Tony Jennings submitted to Judge Dancks . (Cannizzaro, Kevin) |
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Filing 85
TEXT ORDER: Court has reviewed Dkt. No. #84 , which is approved. Attorney Khalid Bashjawish is no longer representing the defendants in this matter. The defendants continue to be represented by the City of Syracuse Office of Corporation Counsel and attorney Christina DeJoseph. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/26/2019. (sg )
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| Filing 84 Letter Motion from Christina DeJoseph, Esq. for City of Syracuse, Jeremy Decker, Darren Ettinger requesting removal of Defendant's attorney as counsel of record submitted to Judge Lawrence E. Kahn . (DeJoseph, Christina) |
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Filing 83
ORDER OF REASSIGNMENT. Case has been randomly reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. This case will remain assigned to Senior Judge Lawrence E. Kahn. Magistrate Judge Miroslav Lovric no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 9/18/2019. (Copy served upon Tony Jennings via regular mail on 9/18/2019)(see)
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| TEXT NOTICE of Telephone Conference: As the parties are aware, this case has been re-assigned to Magistrate Judge Dancks. Judge Dancks has scheduled a Telephone Status Conference with counsel for 12/11/2019 at 11:00 AM. 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) |
| Text Notice Setting Deadline: All Discovery due by 1/6/2020. (sg) |
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: APP: K. Cannizzaro, Esq. for the Plaintiff and C. DeJoseph, Esq. for the Defendant. This matter, after having been set as ready for trial, was thereafter referred to this Court by the District Court. Pursuant to U.S. District Court Senior Judge Lawrence E. Kahns Text Order of June 14, 2019 at Docket No. 80 granting Plaintiffs motion to re-open discovery pursuant to FRCP 16(b)(4), this Court set a new discovery schedule and deadline of January 6, 2020. This new discovery deadline is a Firm and Final deadline for completion of all discovery. All discovery shall be completed no later than January 6, 2020. Parties are advised that this schedule and deadline only pertain to the continuation and completion of all discovery. Any intentions by any party to file any additional dispositive motions must first be addressed by the party with a letter request to the district court and must first obtain authorization from the district court to file any additional motions, given that the motion filing deadlines have expired. (jdp ) |
| Telephone Conference is set for 7/26/2019 at 1:00 PM before Magistrate Judge Miroslav Lovric. Defendant's Counsel is directed to call 607-779-2632. (jdp ) |
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Filing 82
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (Copy served via regular mail)(jdp, )
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| Filing 81 NOTICE from the chambers of Lawrence E. Kahn: The Scheduling Conference set for 6/26/19 is being adjourned without a date due to recent reopening of Discovery. ***A copy of this Notice was served upon pro se party via US Mail. (sas) |
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Filing 80
TEXT ORDER: The Court has reviewed the parties' submissions regarding Plaintiff's request to re-open discovery. Dkt. Nos. 75 ("Motion"), 79 ("Defendants' Opposition"). A scheduling order can be modified for good cause, Fed. R. Civ. P 16(b)(4), which may exist if the moving party was diligent. Grochowski v. Phoenix Const., 318 F.3d 80, 86 (2d Cir. 2003). The Court also considers "whether trial is imminent," "the likelihood that the discovery will lead to relevant evidence," and "whether the non-moving party would be prejudiced." Pierre v. Hilton Rose Hall Resort & Spa, No. 14-CV-3790, 2016 WL 2745821, at *3 (E.D.N.Y. May 11, 2016). Given that Plaintiff is incarcerated and was until recently pro se, the Court finds that his efforts to conduct discovery and oppose summary judgment were diligent. No trial date has been set. Plaintiff has identified specific, relevant evidence he will seek if discovery is reopened. Mot. at 4-5. And both parties have now expressed concern about the lack of discovery on Plaintiff's Monell claim, Dkt. No. 66 ("Defendants' Request to File 12(c) Motion") at 2, reinforcing the need for additional discovery and suggesting that the trial delay will not meaningfully prejudice Defendants. See Spencer v. Int'l Shoppes, Inc., 2011 WL 3625582, *3 (E.D.N.Y. Apr. 16, 2011) (defendant's previous request to re-open discovery weighed in favor of plaintiffs later request to do the same). Indeed, Defendants do not assert that they will be prejudiced by re-opening discovery. Def.'s Opp'n at 2. Thus, Plaintiff's request to modify the scheduling order pursuant to Fed R. Civ. P. 16(b)(4) is GRANTED. The determination of the scope of discovery, including consideration of Plaintiff's proposed discovery schedule and requests, Mot. at 5, and any discovery schedule and requests Defendants wish to propose, is referred to the Honorable David E. Peebles, U.S. Magistrate Judge. Any requests to file dispositive motions based on the additional discovery will be considered in due course. ***A copy of this Order was served upon pro se party via US Mail. Signed by Senior Judge Lawrence E. Kahn on June 14, 2019. (sas)
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| Filing 79 LETTER BRIEF Reply by City of Syracuse, Jeremy Decker, Darren Ettinger. (Bashjawish, Khalid) |
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Filing 78
LETTER REQUEST & ORDER granting Atty K. Bashjawish's #77 Request to file a response to plaintiff's request to re-open discovery by 6/07/19. Signed by Senior Judge Lawrence E. Kahn on May 20, 2019. (sas)
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| Filing 77 Letter Motion from Khalid Bashjawish, Esq. for City of Syracuse, Jeremy Decker, Darren Ettinger requesting Extension of Time submitted to Judge Kahn . (Bashjawish, Khalid) |
| Filing 76 CERTIFICATE OF SERVICE by Tony Jennings (Cannizzaro, Kevin) |
| Filing 75 Letter Motion from Kevin M. Cannizzaro for Tony Jennings requesting modification of the scheduling order submitted to Judge Lawrence E. Kahn . (Cannizzaro, Kevin) |
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Filing 74
LETTER REQUEST & ORDER granting Atty DeJoseph's #73 Request to adjourn the conference. Request is GRANTED. Scheduling Conference is reset for 6/26/2019 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. Signed by Senior Judge Lawrence E. Kahn on May 02, 2019. (sas)
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| Filing 73 Letter Motion from Christina F. DeJoseph for City of Syracuse, Jeremy Decker, Darren Ettinger requesting adjournment of scheduling conference submitted to Judge Hon. Lawrence E. Kahn . (DeJoseph, Christina) |
| Filing 72 NOTICE of Appearance by Kevin M. Cannizzaro on behalf of Tony Jennings (Cannizzaro, Kevin) |
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Filing 71
ORDER Appointing Pro Bono Counsel: At the conclusion of Pro Bono representation, counsel may access the fillable Pro Bono Fund Voucher Request for Reimbursement Form using the following link: http://www.nynd.uscourts.gov/sites/nynd/files/forms/ProBonoVoucherForm_mtdFILLABLE.pdf . Signed by Senior Judge Lawrence E. Kahn on March 26, 2019. (Copy served via regular mail)(sas)
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| Set Deadlines/Hearings: Scheduling Conference is set for 5/29/2019 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn - per #71 appointment order. (sas) |
| Filing 70 NOTICE of Change of Address by Tony Jennings Effective Date 2/6/2019 New Address: Cayuga Correctional Facility (see) |
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Filing 69
ORDERED, that Plaintiffs Letter Motion (Dkt. No. 66) is DENIED. Signed by Senior Judge Lawrence E. Kahn on February 06, 2019. (Copy served via regular mail)(sas)
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| Filing 68 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger re #67 Notice of Appearance (DeJoseph, Christina) |
| Filing 67 NOTICE of Appearance by Christina F. DeJoseph on behalf of All Defendants (DeJoseph, Christina) |
| TEXT NOTICE to Attorney DeJoseph, re: #67 Notice of Appearance. Please electronically file proof of service of the above document on pro se plaintiff. (see) |
| Filing 66 Letter Motion from Khalid Bashjawish, Esq. for City of Syracuse, Jeremy Decker, Darren Ettinger requesting Permission to File a 12(c) Motion to dismiss plaintiff's Monell claim. submitted to Judge Kahn . (Bashjawish, Khalid) |
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Filing 65
TEXT ORDER: On January 22, 2019, Defendants filed a letter requesting permission to file a motion under Rule 12(c) of the Federal Rules of Civil Procedure to dismiss Plaintiff's Monell claim against the City of Syracuse. Dkt. No. 64 ("Letter"). The June 30, 2018 deadline for filing dispositive motions has expired, Dkt. No. 52 ("Scheduling Order"), and the Court already decided Defendants' motion for summary judgment, Dkt. Nos. 53 ("Summary Judgment Motion"), 62 ("January Order"). Therefore, Defendant's proposed 12(c) motion is untimely unless the Court finds that "good cause" exists to modify the Scheduling Order. Fed. R. Civ. P. 16(b)(4). That inquiry focuses on "the diligence of the party seeking to modify the scheduling order," as balanced against "the prejudice to the opposing party." Fresh Del Monte Produce, Inc. v. Del Monte Foods, Inc., 304 F.R.D. 170, 175 (S.D.N.Y. 2014). Defendants' Letter does not show good cause. Although the Letter correctly notes that no trial date has yet been set, see Dkt. No. 63 (deeming this case trial ready and directing the appointment of pro bono counsel, in anticipation of a pretrial conference), the Court is unconvinced that reopening the dispositive motion deadline will "not [result in] a delay to the trial," Letter at 1. Defendants' Letter requesting permission to move to dismiss under Rule 12(c) is therefore DENIED without prejudice to renewal. Any renewed request must be filed by January 30, 2019, and must set out in detail why good cause merits modifying the Scheduling Order in this case. Signed by Senior Judge Lawrence E. Kahn on January 23, 2019. (Copy served via regular mail)(sas)
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| Filing 64 Letter Motion from Khalid Bashjawish, Esq. for City of Syracuse, Jeremy Decker, Darren Ettinger requesting Permission to File a 12(c) Motion to dismiss plaintiff's Monell claim. submitted to Judge Kahn . (Bashjawish, Khalid) |
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Filing 63
TEXT ORDER: This case is deemed trial ready. All discovery, motion and pretrial deadlines have expired. It is ORDERED, that pro bono counsel be appointed to the plaintiff for the limited purpose of representation at trial; any appeal shall remain the responsibility of the plaintiff; it is further ORDERED, that upon assignment of pro bono counsel, a pretrial conference with the attorneys of record will be scheduled for the purpose of discussing settlement and if necessary, setting a trial date. At the time of the conference, attorneys of record will appear with full settlement authority. Signed by Senior Judge Lawrence E. Kahn on January 18, 2019. (Copy served via regular mail)(sas)
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Filing 62
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 53) is GRANTED in part and DENIED in part; and it is further ORDERED, that the following claims are dismissed from this action: (1) Plaintiffs Fourth Amendment illegal search claim against Decker and Ettinger; (2) Plaintiffs Fourth Amendment false arrest claim against Decker and Ettinger; (3) Plaintiffs 1985(3) conspiracy claim against Decker, Ettinger, and Ocker; and (4) Plaintiffs 1983 conspiracy claim against Decker, Ettinger, and Ocker; and it is further ORDERED, that the following claims survive Defendants Motion: (1) Plaintiffs Fourteenth Amendment racial profiling claim against Decker and Ettinger; (2) Plaintiffs Monell claim against the City of Syracuse; and (3) Plaintiffs Fourth Amendment excessive force claim against Decker and Ettinger; and it is further ORDERED, that Sergeant Robert Ocker is DISMISSED as a defendant in this action. Signed by Senior Judge Lawrence E. Kahn on January 17, 2019. (Copy served via regular mail)(sas)
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| Filing 61 Letter Motion from Khalid Bashjawish, Esq. for City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker requesting Response to Text Order 60 submitted to Judge Kahn . (Bashjawish, Khalid) |
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Filing 60
TEXT ORDER: On June 29, 2018, Defendants filed a motion for summary judgment, Dkt. No. 53 ("Motion"), along with numerous supporting materials, Dkt. Nos. 53-1 to -11. One of those supporting materials was the transcript from Plaintiff's 50-h hearing, held March 30, 2017. Dkt. No. 53-4 ("50-h Transcript"). However, despite indications in the record that plaintiff was deposed a second time, see Dkt. No. 33 ("Defendant[s are] given permission to take the deposition of the plaintiff, Tony Jennings."), Defendants did not submit the transcript of that deposition when filing their Motion. The Court therefore directs Defendants, within fourteen days, to submit a letter indicating whether a second deposition occurred and, if so, attaching the transcript of that deposition. Signed by Senior Judge Lawrence E. Kahn on December 10, 2018.***A copy of this Order was served upon pro se party via US Mail. (sas)
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| Filing 59 RESPONSE in Opposition to the #53 First MOTION for Summary Judgment filed by Tony Jennings. (Attachments: #1 Memorandum of Law, #2 Exhibit(s), #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Copy of mailing envelope)(see) |
| Filing 58 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. ***A copy of this Notice was served upon pro se party via US Mail. (sas) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #56 Letter Request and Order: Clerk added "be filed under seal filed by City of Syracuse, Jeremy Decker, Darren Ettinger and Sergeant Robert Ocker" to this docket entry. (hmr) |
| Filing 57 ***SEALED DOCUMENT - Exhibit G to the #53 Motion for Summary Judgment by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker. Pursuant to the #56 Order of the Senior Judge Lawrence E. Kahn dated 7/2/2018. (Attachments: #1 Sealed Exhibit H to the #53 Motion for Summary Judgment) (hmr) |
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Filing 56
LETTER REQUEST that Exhibits G and H to the #53 Motion for Summary Judgment be filed under seal filed by City of Syracuse, Jeremy Decker, Darren Ettinger and Sergeant Robert Ocker, and ORDER granting the request to file Exhibits G and H to the #53 Motion for Summary Judgment under seal. Signed by Senior Judge Lawrence E. Kahn on 07/02/2018. (Copy served upon pro se plaintiff via regular mail to Elmira Correctional Facility on 7/3/2018.)(hmr) Modified on 7/3/2018 (hmr).
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| Filing 55 TEXT NOTICE from the Chambers Of Lawrence E. Kahn: Please be advised that the JURY TRIAL scheduled for 09/04/2018, in the above case, has been adjourned (along with any trial ready / pretrial submission deadlines) without a date due to the pending motion for summary judgment. A new trial deadline will be scheduled, if necessary, pending a decision which addresses this dispositive motion.***A copy of this Notice was served upon pro se party via US Mail. (sas) |
| Filing 54 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker re #53 First MOTION for Summary Judgment (Bashjawish, Khalid) |
| Filing 53 First MOTION for Summary Judgment 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 City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department. (Attachments: #1 Declaration, #2 Statement of Material Facts, #3 Memorandum of Law, #4 Exhibit(s) Exhibit A, #5 Exhibit(s) Exhibit B, #6 Exhibit(s) Exhibit C, #7 Exhibit(s) Exhibit D, #8 Exhibit(s) Exhibit E, #9 Exhibit(s) Exhibit F, #10 Exhibit(s) Exhibit I, #11 Exhibit(s) Exhibit J, #12 Exhibit(s) Exhibit K) (Bashjawish, Khalid) |
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Filing 52
TEXT ORDER granting #47 Letter Request. Dispositive motions must be filed by 6/30/2018. Authorized by Magistrate Judge David E. Peebles on 5/9/2018. (Copy served upon plaintiff via regular mail). (sal )
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Filing 51
TEXT ORDER granting #48 & #49 Letter Requests for Ramona Rabeler, Esq. and H.J. Hubert to withdraw as counsel of record for the defendants in this matter. Authorized by Magistrate Judge David E. Peebles on 5/9/2018. (Copy served upon plaintiff via regular mail). (sal)
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| Filing 50 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department re #48 Letter Motion from Ramona L. Rabeler for City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department requesting Withdrawal as counsel of record submitted to Judge David E. Peebles , #49 Letter Motion from H. J. Hubert for City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department requesting Withdrawal as counsel of record submitted to Judge David E. Peebles (Bashjawish, Khalid) |
| Filing 49 Letter Motion from H. J. Hubert for City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department requesting Withdrawal as counsel of record submitted to Judge David E. Peebles . (Hubert, H.) |
| Filing 48 Letter Motion from Ramona L. Rabeler for City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department requesting Withdrawal as counsel of record submitted to Judge David E. Peebles . (Rabeler, Ramona) |
| Filing 47 Letter Motion from Khalid Bashjawish for City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department requesting 30 Day Extension for Dispositive Motions submitted to Judge Peebles . (Bashjawish, Khalid) |
| Filing 46 ***SEALED DOCUMENT : Affidavits of defendants Jeremy Decker, Darren Ettinger, and Sergeant Robert Ocker are filed under seal. (sal) (Additional attachment(s) added on 4/16/2018: #1 Decker Affidavit, #2 Ocker Affidavit, #3 Letter) (sal, ). |
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Filing 45
ORDER APPROVING DEFENDANTS' WAIVER OF POTENTIAL CONFLICT. The affidavits of defendants Jeremy Decker, Darren Ettinger, and Sergeant Robert Ocker, who are jointly represented in the case by City of Syracuse Corporation Counsel (Khalid Bashjawish, Esq., H.J. Hubert, Esq., and Ramona Rabeler, Esq., of counsel), all of which were submitted pursuant to the court's #36 order dated January 30, 2018, and contain sensitive and attorney-client privileged matters, shall be filed by the court under seal.. Signed by Magistrate Judge David E. Peebles on 4/16/2018. (sal, )
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| Served Order filed on 4/16/2018 upon plaintiff by regular mail (sal ) |
| Filing 44 NOTICE TO COUNSEL: The parties are encouraged to consent to proceed before the magistrate judge in this matter due to the congestion of civil cases filed in this court. In the event the parties consent to proceed before Magistrate Judge Peebles, the consent form can be found on our court's website www.nynd.uscourts.gov under Forms/Civil/All Forms/AO 85 - Notice Consent and Reference of Civil Action to Magistrate and both parties must sign this document before submitting to the district judge for approval. A blank consent form is also attached to this notice. (sal ) |
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Filing 43
TEXT ORDER : A Dunton Order was issued in this action on 1/30/2018 regarding the potential conflict of joint representation of the defendants in this matter. Dkt. No. #36 . Defendants were either to retain separate counsel and notify the court of the identity of counsel or provide affidavits for filing under seal within twenty (20) days of the date of that order. To date, defendants' counsel has not complied with the court's directive nor has a response been received to the court's e-mail sent to counsel on March 1, 2018 inquiring into the status of this matter. Accordingly, it is hereby ORDERED, that defendants' counsel comply with the court's previous order issued on 1/30/2018 (Dkt. No. #36 ) on or before 4/18/2018. If this directive is not complied with, then a telephone conference will be promptly scheduled to discuss this matter further. Authorized by Magistrate Judge David E. Peebles on 4/4/2018. (Copy served upon plaintiff via regular mail). (sal )
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| Filing 42 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker, Syracuse Police Department re #41 Notice of Appearance (Bashjawish, Khalid) |
| Filing 41 NOTICE of Appearance by Khalid Bashjawish on behalf of All Defendants (Bashjawish, Khalid) |
| TEXT NOTICE to Attorney Bashjawish, re: #41 Notice of Appearance. Please electronically file proof of service as to the above document, since plaintiff is pro se. (see) |
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Filing 40
TEXT ORDER : Defendants' #38 letter motion requesting an extension of time to complete discovery is DENIED without prejudice to renewal by providing the court with a specific outline of the discovery the defendants intend to engage in. Authorized by Magistrate Judge David E. Peebles on 2/28/2018. (Copy served upon plaintiff via regular mail). (sal )
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| Filing 39 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker re #37 Notice of Appearance (Hubert, H.) |
| Filing 38 Letter Motion for a sixty day extension of time to complete discovery filed by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker submitted to Magistrate Judge David E. Peebles. (Hubert, H.) Modified on 2/28/2018 to reflect this is a ltr. mot. and not a ltr. brf. (sal ). |
| Filing 37 NOTICE of Appearance by H. J. Hubert on behalf of All Defendants (Hubert, H.) |
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Filing 36
Dunton ORDER regarding the potential conflict of joint representation of the defendants in this matter. If, after being informed in writing of the potential or actual conflict, any defendant wishes to retain separate counsel, it should notify the Court within twenty (20) days of the date of this order of the identity of counsel that will represent the party. In the event that the defendants wish to proceed while being represented by their current counsel, then affidavits shall be submitted to the Court for filing under seal within twenty (20) days of the date of this order. Signed by Magistrate Judge David E. Peebles on 1/30/2018. (Copy served upon plaintiff via regular mail)(sal )
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| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/30/2018. Plaintiff states that he will not be amending the complaint and the deadlines for joinder and amendment have since expired. Plaintiff will be serving document demands and/or interrogatories. Defendants' counsel may serve discovery, as well. Magistrate Judge Peebles reminds the parties of the deadlines currently in place. Defendants' counsel anticipates filing a dispositive motion. The parties are encouraged to consent to proceed before the magistrate judge in this action. No new conference is scheduled before Magistrate Judge Peebles. APP: Tony Jennings, pro se, and Ramona Rabeler, Esq.. (Court Reporter : Hannah Cavanaugh, Time: 10:00 AM - 10:19 AM). (Served plaintiff by regular mail). (sal ) |
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Filing 35
ORDER regarding discovery process. Signed by Magistrate Judge David E. Peebles on 10/18/2017. (Copy served upon Tony Jennings via regular mail on 10/18/2017)(see)
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Filing 34
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3-4 days. Preferred Trial Location: Albany. Joinder of Parties due by 12/29/2017. Amended Pleadings due by 12/29/2017. Discovery due by 3/30/2018. Motions to be filed by 5/31/2018. Trial Ready Deadline is 8/31/2018. Jury Trial set for 9/4/2018 09:00 AM in Albany before Senior Judge Lawrence E. Kahn. Addendum attached to UPSO, re: provisions of UPSO and requests for extensions. Signed by Magistrate Judge David E. Peebles on 10/17/2017. (Copy served upon Tony Jennings via regular mail on 10/18/2017)(see)
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Filing 33
TEXT ORDER. Defendant is given permission to take the deposition of the plaintiff, Tony Jennings. Authorized by Magistrate Judge David E. Peebles on 10/17/17. (Copy served via regular mail on plaintiff)(cam, )
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| TEXT Minute Entry for proceedings held on the record before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 10/17/2017. MJ Peebles asked the plaintiff to be sure to communicate with the court in writing of any change of address. MJ Peebles will issue at text order giving permission for defendant to take plaintiff's deposition. Plaintiff stated that he could possibly amend his complaint. In that event, MJ Peebles instructed the plaintiff to prepare a fully integrated amended complaint to replace and supercede the original, and forward a copy of it to defendants' counsel. If defendants do not consent to the filing, then plaintiff has permission to file a motion for leave to amend. Initial written discovery demands should be served by 11/30/17. A Uniform Pretrial Scheduling Order will be issued setting forth the following deadlines: joinder and amendment deadline of 12/29/17; discovery deadline of 3/30/18; motion filing deadline of 5/31/18; jury trial in Albany before Judge Kahn with trial ready date of 8/31/18 and trial scheduled for 9/4/18. A telephone conference is scheduled for 1/30/18 at 10:00 am (defendants counsel to initiate). APP. Tony Jennings, Esq., Ramona L. Rabeler, Esq.(served plaintiff by regular mail). (Court Reporter Jodi Hibbard) (cam, ) |
| Set/Reset Hearings: A Telephone Conference is set for 1/30/2018 at 10:00 AM before Magistrate Judge David E. Peebles. Defendants' counsel is asked to initiate the call to chambers which can be reached at (315) 234-8620. (cam, ) |
| Filing 32 NOTICE dated 9/8/17 from Elmira Correctional Facility that Jennings is temporarily absent from the facility. (nas, ) |
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Filing 31
TEXT ORDER : Defendants' counsel contacted the court today advising that she inadvertently failed to contact Elmira Correctional Facility in advance of this conference call scheduled for today at 9:30 AM to confirm this will take place. In any event, the plaintiff filed a letter with the court on 9/5/2017 stating that he has been transferred to the Onondaga County Justice Center for a proceeding being held today, 9/6/2017. Dkt. No. #30 . The on the record Rule 16 Conference set for today, 9/6/2017, at 9:30 AM is hereby rescheduled for 10/17/2017 at 10:00 AM. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 and make arrangements with the facility where plaintiff is currently housed, well in advance of this conference date, to confirm this conference call will take place. Authorized by Magistrate Judge David E. Peebles on 9/6/2017. (Copy served upon plaintiff via regular mail to both Elmira CF and Onondaga Justice Center). (sal )
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| Filing 30 Letter/NOTICE dated 8/31/2017 by Tony Jennings, advising the Court that he is being transferred to Onondaga County Jail for the Court proceedings being held on 9/6/2017 and that he was unaware of the 9/6/2017 court date. (see) |
| Filing 29 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker re #28 CIVIL CASE MANAGEMENT PLAN (Rabeler, Ramona) |
| Filing 28 CIVIL CASE MANAGEMENT PLAN by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker. (Rabeler, Ramona) |
| Filing 27 CIVIL CASE MANAGEMENT PLAN by Tony Jennings. (hmr) |
| Filing 26 Letter dated 8/4/2017 filed by Tony Jennings, Pro Se requesting USM 285 forms and copies of case Orders. With attached Letter from the US Marshal Service regarding unexecuted service as to defendant Jeremy Decker. The Clerk advises plaintiff that all parties have answered the Complaint and therefore no further service is needed at this time. The Clerk will send a copy of the #1 Complaint, #15 and #16 Orders, and the #18 Answer along with a current Docket Sheet for clarification purposes. {Sent by regular mail} (jmb) |
| Filing 25 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $32.00. (see) |
| Filing 24 PROCESS RECEIPT AND RETURN of USM Returned Unexecuted as to Jeremy Decker attempted service of the summons, complaint, and GO25 filed by Tony Jennings. (see) |
| Filing 23 ACKNOWLEDGMENT OF SERVICE Executed for Ettinger. (nas, ) |
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Filing 22
TEXT ORDER re #16 G.O. 25 Filing Order: The Rule 16 Initial Conference set for 9/6/2017 at 9:30 AM will be held on the record BY TELEPHONE. In person appearances are no longer required. Defendants' counsel is directed to initiate the call to Chambers once all parties are on the line, which can be reached at (315) 234-8620, and make arrangements with Elmira Correctional Facility, well in advance of this conference date, to confirm this call will take place. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or be fore 8/30/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Authorized by Magistrate Judge David E. Peebles on 7/14/2017. (Served plaintiff by regular mail). (sal )
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| Filing 21 ACKNOWLEDGMENT OF SERVICE Executed as to Robert Ocker. Acknowledgment filed by Tony Jennings. (see) |
| Filing 20 ACKNOWLEDGMENT OF SERVICE Executed as to the City of Syracuse. Acknowledgment filed by Tony Jennings. (see) |
| Filing 19 CERTIFICATE OF SERVICE by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker re #18 Answer to Complaint (Rabeler, Ramona) |
| Filing 18 ANSWER to #1 Complaint by City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker.(Rabeler, Ramona) |
| Filing 17 Summons Issued as to City of Syracuse, Jeremy Decker, Darren Ettinger, Robert Ocker. (Attachments: #1 Summons, #2 Summons, #3 Summons)(sfp, ) |
| Filing 16 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 9/6/2017 at 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/30/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Served by mail.](sfp, ) |
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Filing 15
ORDER approving and adopting #7 Report-Recommendations. Clerk shall substitute the City of Syracuse for deft Syracuse Police Department, and the Syracuse Police Department is dismissed from this case. Clerk shall substitute Sergeant Robert Ocker for the John Doe deft. Clerk shall issue summonses and forward them, along with copies of #1 Complaint, #7 R&R, and this Order to USM for service upon defts Jeremy Decker, Darren Ettinger, Robert Ocker, and the City of Syracuse. Clerk shall schedule a Rule 16 conference and issue a GO 25 to also be forwarded to USM for service. Signed by Lawrence E. Kahn on 6/6/17. (Copies served upon other agencies as directed and upon Pro Se Pltf)(sfp, )
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| Filing 14 NOTICE from the chambers of US District Judge Lawrence E. Kahn to the plaintiff in regards to the plaintiff's status inquiry: This office is in receipt of your Letter, dated 05/16/17, inquiring into the status of the above-referenced case. The Judge has requested that I respond to your inquiry for him. This Court considers cases in the order in which they are received. To date, the Report-Recommendation in the above-referenced case has been briefed and is awaiting the Judges consideration. There are a number of files ahead of this one, but it shall be reviewed in its proper order. ***A copy of this Order was served upon pro se party via US Mail. (sas) (Main Document 14 replaced on 5/22/2017) (sas, ). |
| Filing 13 Letter Motion from Tony Jennings, requesting status update. (see) |
| Filing 12 Letter/NOTICE to Senior Judge Lawrence E. Kahn by Tony Jennings, providing the identity of "Doe" defendant, in accordance with the #7 Report and Recommendation AND asking for the Court's assistance in obtaining legal documents in the future. (see) |
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Filing 11
TEXT ORDER: Plaintiff has informed the Court that he is now located at Elmira Correctional Facility. In light of plaintiff's change of location and pro se status, the Court is extending the deadline to file any objections to the Magistrate Judge's Report-Recommendation until 4/28/17. The Clerk is directed to provide plaintiff with a copy of the report-recommendation (Dkt. No. 7) and an updated copy of the docket sheet with this text order. Authorized by Senior Judge Lawrence E. Kahn on 4/6/17. {text order and referenced documents served via regular mail on plaintiff}(nas, )
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| Filing 10 NOTICE of Change of Address by Tony Jennings Effective Date 4/2/17 New Address: Elmira Correctional Facility and inquiry as to status of action. (nas, ) |
| Filing 9 Mail Returned as Undeliverable. Re: Copy of docket sent to Tony Jennings, 98003452 Address sent to Onondaga County Justice Center, 555 South State Street, Syracuse, NY 13201. (see) |
| Filing 8 Mail Returned as Undeliverable. Re: Service of the #7 Report and Recommendation, sent to Tony Jennings, 98003452 Address sent to Onondaga County Justice Center, 555 South State Street, Syracuse, NY 13201. (see) |
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Filing 7
ORDER, REPORT, AND RECOMMENDATION re #1 Complaint filed by Tony Jennings. ORDERED that the #2 MOTION for Leave to Proceed in forma pauperis is GRANTED; RECOMMENDED that deft Syracuse Police Department be DISMISSED from the action and the City of Syracuse be substituted in its place; RECOMMENDED that pltf's complaint be otherwise accepted for filing. ( Objections to R&R due by 4/10/2017, Case Review Deadline 4/12/2017) Signed by Magistrate Judge David E. Peebles on 3/22/2017. (Copy served upon pltf via regular mail on 3/23/2017)(see)
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| Filing 6 Letter Motion from Tony Jennings, requesting status of case. (see) |
| Filing 5 Proposed summons and civil cover sheet filed by Tony Jennings. (Attachments: #1 Civil Cover Sheet, #2 Copy of mailing envelope) (see) |
| Filing 4 Letter from Jennings inquiring as to status. Docket sheet provided. (nas, ) |
| Filing 3 INMATE AUTHORIZATION FORM by Tony Jennings. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Tony Jennings. (nas, ) |
| Filing 1 COMPLAINT against Jeremy Decker, Doe, Darren Ettinger, Syracuse Police Department filed by Tony Jennings. (Attachments: #1 additional facts, #2 envelope)(nas, ) |
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