T.H. v. City of Syracuse et al

T.H. v. City of Syracuse et al

Plaintiff:	T.H.
Defendant:	Officer Paul Rose, City of Syracuse, Sergeant Dennis Regin and Officer Anthony Fiorini
Not Classified By Court:	Laura L. Spring
Case Number:	5:2017cv01081
Filed:	September 26, 2017
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Onondaga
Presiding Judge:	David E Peebles
Referring Judge:	Glenn T Suddaby
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on April 29, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 29, 2020	Filing 70 ORDER approving the #69 Stipulation of Dismissal with prejudice. Signed by Magistrate Judge David E. Peebles on April 29, 2020. (kmp)
April 25, 2020	Filing 69 STIPULATION of Dismissal with Prejudice by City of Syracuse submitted to Judge Sharpe. (Powers, John)
January 30, 2020	Filing 68 Letter from Erin Beth Harrist for T.H. requesting seeking to withdraw as counsel submitted to Judge Peebles . (Harrist, Erin)
January 27, 2020	Filing 67 NOTICE of Appearance by Molly Biklen on behalf of T.H. (Biklen, Molly)
October 1, 2019	Filing 66 Letter Motion from Kevin E. Jason for T.H. requesting leave to withdraw as an attorney of record submitted to Judge Peebles . (Jason, Kevin) Mod
April 24, 2019	Filing 65 ORDER Approving #62 Stipulated Notice of Voluntary Dismissal that as a result of a private settlement this entire action shall be and is voluntarily dismissed without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. The Parties agree to bear their own fees and costs. The Court shall retain jurisdiction, as necessary, in the event of a dispute over the enforcement of the terms of the parties' settlement. Signed by Magistrate Judge David E. Peebles on 4/24/2019. (sal )
April 24, 2019	Filing 64 DECISION AND ORDER that plaintiff's motion for settlement (Dkt. No. #61 ) is GRANTED. Pursuant to N.D.N.Y. L.R. 17.1, Tiesha Shepherd, as the parent and natural guardian, is authorized and empowered, in the interest of her son, T.H., the infant plaintiff, to resolve the claims she brings on behalf of T.H. against defendants City of Syracuse, Sergeant Dennis Regin, and Officer Anthony Fiorini for consideration provided by the City of Syracuse, in full satisfaction of all claims, inclusive of costs, expenses, and attorney's fees. The monetary terms of the agreed-upon settlement, amounting to the sum of $5,000, shall be paid by the City of Syracuse as hereinafter provided. The payment by the City of Syracuse in the amount of $5,000 to Tiesha Shepherd, as parent and natural guardian of T.H., shall be placed in a guardianship account for the infant plaintiff at Chase Bank, located at 801 James Street, Syracuse, NY 13203. The attorney for the plaintiff shall serve a copy of this decision and order upon Chase Bank. This court shall retain jurisdiction over this action for the purpose of enforcing this infant compromise order and the terms of the underlying settlement. Signed by Magistrate Judge David E. Peebles on 4/24/2019. (sal )
April 2, 2019	Filing 63 NOTICE by T.H. regarding settlement and voluntary dismissal (Jason, Kevin)
April 2, 2019	Filing 62 STIPULATION of Dismissal Without Prejudice by T.H. submitted to Judge Peebles. (Jason, Kevin)
April 2, 2019	Filing 61 MOTION to Approve Infant Settlement filed by T.H. (Attachments: #1 Declaration of Tiesha Shepherd, #2 Declaration of infant plaintiff, T.H., #3 Declaration of Kevin E. Jason, #4 Proposed Order/Judgment)(Jason, Kevin) Modified on 4/3/2019 to change from a notice to a pending motion (sal ).
March 25, 2019	Filing 60 STATUS REPORT by T.H.. (Jason, Kevin)
March 11, 2019	Filing 59 TEXT ORDER : Based upon the #58 Status Report, plaintiff's counsel is directed to file a further status report or provide the court with the settlement documents for review on or before 3/25/2019. Authorized by Magistrate Judge David E. Peebles on 3/11/2019. (sal )
March 8, 2019	Filing 58 STATUS REPORT by T.H.. (Jason, Kevin)
February 27, 2019	Filing 57 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge David E. Peebles. Chief Judge Glenn T. Suddaby no longer assigned to this case. Signed by Chief Judge Glenn T. Suddaby on 2/27/19. (lmw)
February 22, 2019	Filing 56 STATUS REPORT by T.H.. (Jason, Kevin)
February 21, 2019	Filing 55 TEXT ORDER : An in person conference was conducted in this matter on January 28, 2019 and the parties advised the court at that time that settlement documents would be prepared and promptly submitted to the court for review. To date, this has not yet been accomplished. Plaintiff's counsel is directed to file a status report in this matter by close of business on February 22, 2019 regarding the status of the settlement documents. Authorized by Magistrate Judge David E. Peebles on 2/21/2019. (sal )
January 28, 2019	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: In Chambers Conference held on 1/28/2019. Parties will be consenting to proceed before Magistrate Judge Peebles and submitting a proposed settlement to the court for consideration. APP: Erin Harrist, Esq., Kevin Jason, Esq., Christina DeJoseph, Esq., and John Powers, Esq.. (sal)
January 17, 2019	Set Hearings: An in person In Chambers Conference is set for 1/28/2019 at 2:00 PM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. (sal)
January 16, 2019	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/16/2019. After speaking to counsel regarding settlement, Magistrate Judge Peebles stays discovery and the remaining deadlines pending an in person conference scheduled for 1/28/2019 at 2:00 PM in Syracuse. If the parties cannot resolve the case at that time, then Magistrate Judge Peebles will lift the stay and address the issues raised in the recent letters filed with the court. APP: Erin Harrist, Esq., Kevin Jason, Esq., John Powers, Esq.. (sal)
January 14, 2019	Filing 54 TEXT ORDER: The court has reviewed the #52 and #53 letter motions and a Telephone Conference is set for 1/16/2019 at 3:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 1/14/2019. (sal)
January 13, 2019	Filing 53 Letter Motion from John G. Powers for City of Syracuse requesting in person settlement conference submitted to Judge David Peebles . (Powers, John)
January 11, 2019	Filing 52 Letter Motion for T.H. requesting Pre-Motion Conference submitted to Judge Peebles . (Jason, Kevin)
January 9, 2019	Filing 51 TEXT ORDER : During the conference held on 11/7/2018, the parties indicated they would continue to negotiate settlement. The parties are hereby directed to file a joint status report in this action on or before 1/18/2019. Authorized by Magistrate Judge David E. Peebles on 1/9/2019. (sal )
November 16, 2018	Filing 50 ANSWER to #48 Amended Complaint by City of Syracuse, Anthony Fiorini, Dennis Regin.(Tuck, Paul)
November 7, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 11/7/2018. Parties continue to negotiate terms of settlement and the possibility of submitting settlement terms to Chief District Judge Suddaby for approval. Case will be tracked for status for sixty days. Erin Harrist, Esq., Kevin Jason, Esq., John Powers, Esq.. (sal )
November 5, 2018	Filing 49 Summons Issued as to Anthony Fiorini. (khr)
November 5, 2018	***Answer due date updated for City of Syracuse answer due 11/16/2018; Dennis Regin answer due 11/16/2018. (sal )
November 2, 2018	Filing 48 SECOND AMENDED COMPLAINT against City of Syracuse, Dennis Regin, Anthony Fiorini filed by T.H..(Jason, Kevin) Modified on 11/5/2018 to indicate it is a 2nd Amd. Cmp. (sal ).
November 2, 2018	Set Hearings: A Telephone Conference is set for 11/7/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)
November 1, 2018	Filing 47 TEXT ORDER : Currently pending before the court is a motion for leave to file an amended complaint filed by the plaintiff. Dkt. No. #39 . Oral argument was heard concerning the motion during a hearing conducted on November 1, 2018. Based upon the parties' written and oral submissions, plaintiff's motion for leave to file an amended complaint (Dkt. No. #39 ) is GRANTED. Plaintiff is directed to file a second amended complaint, as proposed in plaintiff's #39 motion, substituting Officer Anthony Fiorini for current Defendant Officer Paul Rose, together with a proposed summons for issuance by the clerk. Subsequent to service of process on defendants, defendants or their counsel shall file a formal response to plaintiff's second amended complaint as provided for in the Federal Rules of Civil Procedure. IT IS SO ORDERED. Authorized by Magistrate Judge David E. Peebles on 11/1/2018. (sal)
November 1, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 11/1/2018 re #39 Motion to Amend/Correct #4 Amended Complaint filed by T.H.. After hearing oral argument from counsel, Magistrate Judge Peebles GRANTS plaintiff's #39 motion to substitute Officer Anthony Fiorini for current Defendant Officer Paul Rose and amend the complaint accordingly. Plaintiff's counsel is directed to file a second amended complaint as proposed in the #39 motion to amend. An order will be issued memorializing this bench ruling shortly. An off the record conference is held with counsel regarding the status of this case. At this time, Judge Peebles stays the deadlines for expert disclosures and completion of expert depositions. APP: Erin Harrist, Esq., Kevin Jason, Esq., John Powers, Esq., Paul Tuck, Esq., and Christina DeJoseph, Esq.. (Court Reporter Jodi Hibbard). (sal )
October 25, 2018	Filing 46 TEXT ORDER granting #45 Letter Request regarding #39 Motion to Amend/Correct #4 Amended Complaint : The Motion Hearing set for 11/1/2018 at 10:30 AM is moved to 9:00 AM that same day in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. Authorized by Magistrate Judge David E. Peebles on 10/25/2018. (sal )
October 24, 2018	Filing 45 Letter Motion for City of Syracuse, Dennis Regin, Paul Rose requesting that the Oral Argument and Status Conference scheduled for Thursday, November 1, at 10:30 a.m. be moved to 9:00 a.m. that same morning submitted to Judge Peebles . (Tuck, Paul)
October 19, 2018	Filing 44 RESPONSE in Opposition re #39 MOTION to Amend/Correct #4 Amended Complaint filed by City of Syracuse, Dennis Regin, Paul Rose. (Tuck, Paul)
October 15, 2018	Filing 43 TEXT ORDER granting #42 Letter Request. The telephone conference scheduled for 10/17/18 at 4:00 pm has been cancelled and will be discussed at the 11/1/18 oral argument scheduled at 10:30 am. Authorized by Magistrate Judge David E. Peebles on 10/15/18. (cam, )
October 15, 2018	Filing 42 Letter Motion for City of Syracuse, Dennis Regin, Paul Rose requesting that the status conference scheduled for Wednesday, October 17 at 4:00pm be postponed until October 25 or 26 at the earliest submitted to Judge Peebles . (Tuck, Paul)
October 10, 2018	Filing 41 TEXT ORDER granting #40 Letter Request. A Telephone Conference is set for 10/17/2018 at 4:00 PM before Magistrate Judge David E. Peebles to discuss settlement. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 10/10/2018. (sal )
October 10, 2018	Filing 40 Letter Motion from Plaintiff for T.H. requesting conference re: settlement submitted to Judge Peebles . (Harrist, Erin)
October 10, 2018	TEXT NOTICE of Hearing on Motion #39 to Amend/Correct #4 Amended Complaint : Response to Motion due by 10/19/2018. A Motion Hearing is set for 11/1/2018 at 10:30 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal)
October 10, 2018	Based upon the motion hearing set for 11/1/2018 before Magistrate Judge Peebles, the status telephone conference set for 10/17/2018 at 4:00 PM is cancelled. A status conference will be conducted in this case following the motion hearing on 11/1/2018. (sal )
October 4, 2018	Filing 39 MOTION to Amend/Correct #4 Amended Complaint filed by T.H.. (Attachments: #1 Memorandum of Law, #2 Affirmation of Kevin E. Jason, #3 Exhibit(s) 1-12 to Jason Affirmation) Motions referred to David E. Peebles. (Jason, Kevin)
October 3, 2018	Filing 38 PROTECTIVE ORDER regarding materials containing confidential information. Signed by Magistrate Judge David E. Peebles on 10/3/2018. (sal )
October 3, 2018	Filing 37 Letter Motion from Plaintiff attaching proposed protective order on behalf of all parties for T.H. requesting Approval of Protective Order submitted to Judge Peebles . (Attachments: #1 Proposed Order/Judgment Proposed Protective Order)(Harrist, Erin)
September 18, 2018	Filing 36 TEXT SCHEDULING ORDER: The deadline for completion of all Discovery is extended until 3/15/2019. The dispositive motion filing deadline is extended until 5/17/2019. Authorized by Magistrate Judge David E. Peebles on 9/18/2018. (sal)
September 18, 2018	Set Hearings: A Telephone Conference set for 10/17/2018 at 4:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)
September 18, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/18/2018. Five individual officers and one 30(b)(6) witness have been noticed for deposition by plaintiff's counsel for mid-October, however, defendants' counsel indicates that the dates may need to be rescheduled. Defendants' counsel anticipates deposing the plaintiff, plaintiff's mother, and possibly plaintiff's brother. The parties will confer further on deposition dates and negotiate a schedule. Parties will be filing a Protective Order shortly. Plaintiffs' counsel may need to amend the complaint to add a party. Magistrate Judge Peebles permits plaintiff's counsel to file a motion for leave to file an amended complaint if the parties cannot stipulate to such an amendment. The discovery deadline is extended until 3/15/2019 and the dispositive motion filing deadline is extended until 5/17/2019. Parties will discuss settlement further. Next telephone conference is set for 10/17/2018 at 4:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Erin Harrist, Esq., Kevin Jason, Esq., John Powers, Esq.. (sal, )
August 7, 2018	Filing 35 DECISION AND ORDER granting in part and denying in part Pltf's #33 Motion to Compel Discovery. Signed by Magistrate Judge David E. Peebles on August 7, 2018. (jdp, )
July 12, 2018	TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Motion Hearing held on 7/12/2018 re #31 Letter Motion to Compel Discovery filed by T.H. and #33 Supplemental Letter Motion to Compel Discovery filed by T.H., and Status Conference. After hearing oral argument from counsel, Magistrate Judge Peebles RESERVES DECISION at this time. A written decision will be forthcoming. An off the record status conference is conducted. Plaintiff may consider amending the complaint and the parties will discuss this issue further. Parties will continue to negotiate settlement. Next telephone conference is set for 9/18/2018 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers. APP: Kevin Jason, Esq., and Erin Harrist, Esq. for Pltf.. John Powers, Esq. for Defts.. (Court Reporter Jodi Hibbard, Time: 11:00 AM - 11:35 AM Oral Argument, 11:35 AM - 11:45 AM Off The Record Status Conference). (sal )
July 12, 2018	Set Hearings: A Telephone Conference is set for 9/18/2018 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
July 7, 2018	Filing 34 RESPONSE in Opposition re #33 MOTION to Compel filed by City of Syracuse, Dennis Regin, Paul Rose. (Powers, John)
June 25, 2018	TEXT NOTICE of Hearing on Plaintiff's #31 Letter Motion to Compel Discovery, together with the Supplement #33 Motion to Compel Discovery: Defendants' Response to Motion remains due by 7/6/2018. An on the record telephone conference is set for 7/12/2018 at 11:00 AM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 235-8620. (sal )
June 22, 2018	Filing 33 SUPPLEMENT to #31 Motion to Compel Discovery filed by T.H.. (Attachments: #1 Memorandum of Law, #2 Affirmation of Kevin E. Jason, #3 Exhibit(s) A-G to Jason Affirmation) Motions referred to David E. Peebles. (Jason, Kevin) Modified on 6/25/2018 to indicate this is a supplemental submission. (sal ).
May 31, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/31/2018. Parties are at impasse regarding an outstanding discovery dispute. Magistrate Judge Peebles sets a briefing schedule as follows: plaintiff's counsel may supplement the #31 letter motion to compel discovery on or before 6/22/2018, defendants' response is due to be filed on or before 7/6/2018, and an on the record telephone conference is set for 7/12/2018 at 11:00 AM before Magistrate Judge Peebles. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Erin Harrist, Esq., Kevin Jason, Esq., Christina DeJoseph, Esq., and John Powers, Esq.. (sal )
May 31, 2018	TEXT NOTICE of Hearing on Plaintiff's #31 Letter Motion to Compel Discovery: Plaintiff's counsel may supplement the #31 letter motion to compel discovery on or before 6/22/2018. Defendants' response is due to be filed on or before 7/6/2018. An on the record telephone conference is set for 7/12/2018 at 11:00 AM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 235-8620. (sal )
May 31, 2018	In light of the on the record telephone conference set for 7/12/2018 at 11:00 AM before Magistrate Judge Peebles, the status telephone conference set for 6/21/2018 at 2:30 PM is cancelled. (sal)
May 30, 2018	Filing 32 TEXT ORDER granting #31 Letter Request. A telephone conference has been scheduled for 5/31/2018 at 11:00 am before Magistrate Judge David E. Peebles. Plaintiffs' counsel is asked to initiate the call by either providing a call-in number or dialing chambers at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 5/30/18. (cam, )
May 29, 2018	Filing 31 Letter Motion to Compel Discovery filed by plaintiff T.H. submitted to Judge David E. Peebles . (Jason, Kevin) Modified on 5/31/2018 to make a pending motion again. (sal ).
April 10, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/10/2018. Mandatory mediation has been completed and parties are continuing to discuss settlement. Written discovery demands have been served. Defendants' counsel has provided discovery responses and plaintiff's counsel will do so, together with medical authorizations, by 4/20/2018. Plaintiff's counsel intends to retain experts. Parties discuss an outstanding issue concerning the proposed Protective Order. Magistrate Judge Peebles provides parties with his recommendation. Next telephone conference is set for 6/21/2018 at 2:30 PM. Defendants' counsel is directed to initiate the call to Chambers. APP: Erin Harrist, Esq., Kevin Jason, Esq., and John Powers, Esq.. (sal )
April 10, 2018	Set Hearings: A Telephone Conference is set for 6/21/2018 at 2:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
March 30, 2018	ADR COMPLETED - Case Did not settle Attorney/Mediator Laura L. Spring terminated.(jlm)
March 29, 2018	Filing 30 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 03/27/18. Total Hours Spent by Mediator: 6; 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. (Spring, Laura)
February 14, 2018	Filing 29 ***SEALED DOCUMENT Letters sent to Sergeant Dennis Rose and Officer Paul Rose from the Office of Corporation Counsel regarding joint representation are filed under seal pursuant to the court's #28 order. (sal ) (sal, ).
February 14, 2018	Filing 28 ORDER Approving Defendants' Waiver of Potential Conflict of Joint Representation. The #24 & #25 affidavits of defendants Sergeant Dennis Regin and Officer Paul Rose, who are jointly represented in the case by defendants' counsel, together with the letters in support, all of which were submitted pursuant to the court's #19 order dated January 9, 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 2/14/2018. (sal )
February 5, 2018	Filing 27 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Laura L. Spring 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: Erin Beth Harrist and Paul J. Tuck. Dated: 02/05/2018(Harrist, Erin)
February 2, 2018	Filing 26 TEXT ORDER : The court has reviewed the documents filed by defendants' counsel on 2/2/2018 (Dkt. Nos. #24 and #25 ) and they do not comply with paragraph 3 of the #19 Order issued on 1/9/2018. Defendants' counsel is directed to comply with this directive and submit the proper paperwork to court by traditional means for filing under seal on or before 2/23/2018. Authorized by Magistrate Judge David E. Peebles on 2/2/2018. (sal )
February 2, 2018	Filing 25 AFFIDAVIT Dunton Affidavit of Sergeant Regin by City of Syracuse, Dennis Regin, Paul Rose. (DeJoseph, Christina)
February 2, 2018	Filing 24 AFFIDAVIT Dunton Affidavit of Officer Rose by City of Syracuse, Dennis Regin, Paul Rose. (DeJoseph, Christina)
January 30, 2018	Filing 23 TEXT ORDER granting #22 Letter Request to comply with Dunton Order on or before 2/2/2018. Authorized by Magistrate Judge David E. Peebles on 1/30/2018. (sal )
January 29, 2018	Filing 22 Letter Motion for City of Syracuse requesting an extension to comply with Dkt. No. 19 submitted to Judge Peebles . (Tuck, Paul)
January 9, 2018	Filing 21 TEXT ORDER: On January 5, 2018, Plaintiff filed a Notice of Related Cases, Dkt. No. 16 ("Notice"), arguing that this case is sufficiently related to Grant v. Syracuse, No. 5:15-CV-445 (N.D.N.Y. Apr. 4, 2015) (Kahn, J.), to justify reassignment from Chief Judge Suddaby to Judge Kahn. General Order 12 ("Order") governs the reassignment of related cases in this District. The Order states that a "civil case is 'related' to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning the cases to the same Judge and Magistrate Judge." Order at 6. The Order also states that a "civil case shall not deemed related to another civil case merely because the civil case: (a) involves similar legal issues, or (b) involves the same parties." Id. Upon review of the complaint, Dkt. No. 1, it is clear that the this case and Grant are not "related" as defined by the Order. While the two cases raise some similar legal issues -- including Syracuse's alleged indifference to the violation of Fourth Amendment rights -- they did not arise from the same event, and the facts underlying their alleged constitutional violations are too distinct to justify reassignment. A substantial saving of judicial resources would not occur if this case were reassigned to Judge Kahn. Therefore, the Notice is DENIED. Signed by Senior Judge Lawrence E. Kahn on January 09, 2018. (sas)
January 9, 2018	Filing 20 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 3-4 days. Preferred Trial Location: Syracuse. Joinder of Parties due by 4/9/2018. Amended Pleadings due by 4/9/2018. The deadline for completion of Mandatory Mediation is 5/1/2018. Completion of all Discovery due by 1/31/2019. Dispositive Motions to be filed by 3/31/2019. PLEASE SEE ATTACHED ADDENDUM FOR REQUESTS FOR EXTENSIONS OF TIME. Signed by Magistrate Judge David E. Peebles on 1/9/2018. (Attachments: #1 Addendum)(sal )
January 9, 2018	Filing 19 Dunton ORDER regarding the potential conflict of joint representation of the defendants. 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 (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, an affidavit shall be submitted to the court, within (20) days of the date of this order for filing under seal. Signed by Magistrate Judge David E. Peebles on 1/9/2018. (sal, )
January 9, 2018	Filing 18 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 2/6/2018. Deadline for completion of Mandatory Mediation is 5/1/2018. Signed by Magistrate Judge David E. Peebles on 1/9/2018. (sal)
January 9, 2018	Set Hearings: A Telephone Conference is set for 4/10/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
January 9, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 1/9/2018. Mandatory disclosures have been exchanged. Initial written discovery demands will be served by plaintiff's counsel by 1/12/2018 and defendants' counsel by 2/15/2018. A Rule 26(c) Protective Order will be filed. Medical authorization will be provided, however, a Rule 35 exam of the plaintiff is not contemplated. Expert retention is anticipated. Any videos and/or photographs will be preserved. A Dunton order will be issued regarding the potential conflict of joint representation of the defendants. With respect to the #16 notice of related case filed by plaintiff's counsel, defendants' counsel believes that this case is similar but not related to 5:15-cv-445 (LEK/TWD) and objects to the reassignment of this case. Magistrate Judge Peebles notes his assessment, however, Senior District Judge Kahn will decide whether or not the action should be reassigned. Joinder and amendment deadlines are set for 4/9/2018. The deadline for completion of mandatory mediation is 5/1/2018. Completion of all discovery is due by 1/31/2019. Dispositive motions must be filed by 3/31/2019. This will be a jury trial that is expected to last 3-4 days in Syracuse. Next telephone conference is set for 4/10/2018 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Erin Harrist, Esq., Kevin Jason, Esq., and John Powers, Esq.. (sal )
January 5, 2018	Filing 17 CIVIL CASE MANAGEMENT PLAN by T.H.. (Jason, Kevin)
January 5, 2018	Filing 16 Notice of Related Case by T.H. submitted to Judge Kahn . Objections due by 1/12/2018 (Jason, Kevin)
January 3, 2018	Filing 15 TEXT ORDER granting #14 Letter Request. Authorized by Magistrate Judge David E. Peebles on 1/3/2018. (sal )
January 3, 2018	Filing 14 Letter Motion from Abigail R. Hind for City of Syracuse, Dennis Regin, Paul Rose requesting permission to withdraw as an attorney of record submitted to Judge David E. Peebles . (Hind, Abigail)
January 3, 2018	Filing 13 NOTICE of Appearance by Christina F. DeJoseph on behalf of All Defendants (DeJoseph, Christina)
December 14, 2017	Filing 12 NOTICE of Appearance by Abigail Ryniker Hind on behalf of All Defendants (Hind, Abigail)
December 13, 2017	Filing 11 ANSWER to #4 Amended Complaint by City of Syracuse, Dennis Regin, Paul Rose.(Tuck, Paul)
December 4, 2017	Filing 10 NOTICE of Appearance by John G. Powers on behalf of All Defendants (Powers, John)
November 22, 2017	Filing 9 NOTICE of Appearance by Paul J. Tuck on behalf of All Defendants (Tuck, Paul)
November 17, 2017	Filing 8 TEXT ORDER granting #7 Letter Request. The IN PERSON Initial Conference set for 12/27/2017 at 9:30 AM is rescheduled for 1/9/2018 at 11:30 AM in Syracuse before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/5/2018. (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 11/17/17. (sal )
November 16, 2017	Filing 7 Letter Motion from Kevin E. Jason for T.H. requesting Adjournment of Initial Pretrial Conference submitted to Judge David E. Peebles . (Jason, Kevin)
November 13, 2017	Filing 6 TEXT ORDER approving #5 Stipulation for an extension of time for defendants City of Syracuse, Dennis Regin, and Paul Rose to answer or otherwise respond to plaintiff's amended complaint on or before answer due 12/13/2017. Authorized by Magistrate Judge David E. Peebles on 11/13/2017. (sal )
November 13, 2017	Filing 5 STIPULATION for an Extension of Time to Answer Complaint until 12/13/2017 submitted to Magistrate Judge David E. Peebles. (sal )
October 18, 2017	Filing 4 AMENDED COMPLAINT against City of Syracuse, Dennis Regin, Paul Rose filed by T.H..(Jason, Kevin)
September 28, 2017	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/27/2017 at 9:30 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 12/20/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep)
September 28, 2017	Filing 2 Summons Issued as to City of Syracuse, Dennis Regin, and Paul Rose. (Attachments: #1 Summons Issued as to Dennis Regin, #2 Summons Issued as to Paul Rose)(rep)
September 26, 2017	Filing 1 COMPLAINT WITH JURY DEMAND: Against City of Syracuse, Dennis Regin, and Paul Rose (Filing fee $400 receipt number 0206-4146632) filed by T.H. (Attachments: #1 Civil Cover Sheet)(rep)

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Defendant: Officer Paul Rose
Represented By:	Christina F. DeJoseph
Represented By:	John G. Powers
Represented By:	Paul J. Tuck
Represented By:	Abigail Ryniker Hind
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Defendant: City of Syracuse
Represented By:	Christina F. DeJoseph
Represented By:	John G. Powers
Represented By:	Paul J. Tuck
Represented By:	Abigail Ryniker Hind
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Defendant: Sergeant Dennis Regin
Represented By:	Christina F. DeJoseph
Represented By:	John G. Powers
Represented By:	Paul J. Tuck
Represented By:	Abigail Ryniker Hind
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Defendant: Officer Anthony Fiorini
Represented By:	Paul J. Tuck
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Plaintiff: T.H.
Represented By:	Christopher T. Dunn
Represented By:	Erin B. Harrist
Represented By:	Kevin E. Jason
Represented By:	Christopher Thomas Dunn
Represented By:	Molly Biklen
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Not classified by court: Laura L. Spring
Represented By:	Laura L. Spring
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