Buccina v. Onondaga County et al
| Chanel Buccina |
| Onondaga County District Attorney's Office, Onondaga County Sheriff's Office, City of Syracuse, John and/or Jane Doe and Daniel A. Bieling |
| Deputy Officer Doe of the Onondaga County Sheriff's Office and Onondaga County |
| City of Syracuse Police Department and Detective Scott Henderson |
| 5:2018cv00031 |
| January 5, 2018 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| David E Peebles |
| Frederick J Scullin |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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This docket was last retrieved on October 29, 2018. A more recent docket listing may be available from PACER.
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Filing 26
STIPULATION and ORDER DISMISSING CASE with prejudice pursuant to FRCivP 41(a)(1)(B).. Signed by Senior Judge Frederick J. Scullin, Jr on 10/29/2018. (bjw, )
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| Filing 25 STIPULATION of Dismissal by Chanel Buccina submitted to Judge Peebles. (Attachments: #1 Cover Letter to Judge Peebles)(Kenny, Michael) |
| Filing 24 STATUS REPORT by Chanel Buccina. (Kenny, Michael) |
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Filing 23
STATUS REPORT ORDER. Status Report due by 10/26/2018. Authorized by Magistrate Judge David E. Peebles on 10/3/18. (cam, )
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| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 10/3/18. Discovery was discussed and has not been completed at this time. Settlement was discussed and in particular the return of certain property. The parties were going to discuss further. MJ Peebles directed the parties to file a status report by 10/26/18. If the matter has not been resolved, MJ Peebles will schedule another telephone conference in November. APP. Heidi Hysell, Esq., Carol L. Rhinehart, Esq. and Khalid Bashjawish, Esq. (cam, ) Modified typo on 10/26/2018 (sal ). |
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Filing 22
TEXT ORDER Removing Case from Mandatory Mediation Program. Authorized by Magistrate Judge David E. Peebles on 6/27/2018. (sal )
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| Set Hearings: A Telephone Conference is set for 10/3/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Counsel for the City Defendants is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 6/27/2018. Plaintiff's counsel has responded to the City's discovery demands and served defendants with discovery demands back on 4/30/2018. The City served discovery demands yesterday and also responded to plaintiff's first set of interrogatories. The County is in the process of responding to plaintiff's discovery demands. Depositions will be scheduled shortly. Defendants still take a "no pay" position regarding settlement. Magistrate Judge Peebles excuses this case from the Mandatory Mediation program. Next telephone conference is set for 10/3/2018 at 3:00 PM. Counsel for the City defendant is directed to initiate the call to Chambers. APP: Heidi Hysell, Esq., Carol Rhinehart, Esq., and Khalid Bashjawish, Esq.. (sal ) |
| Filing 21 ***SEALED DOCUMENT : Affidavit of defendant Daniel A. Bieling, together with the letter in support, are filed under seal. (sal ) (Additional attachment(s) added on 5/18/2018: #1 Letter) (sal, ). |
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Filing 20
ORDER APPROVING DEFENDANTS' WAIVER OF POTENTIAL CONFLICT. Based upon the circumstances of which this court is presently aware, including the information set forth in the affidavit of defendant Daniel A. Bieling, I find that this defendant has been provided with sufficient written notice by counsel of the potential for conflict arising from joint representation of him and Onondaga County and has knowingly and voluntarily chosen to waive that potential for conflict and proceed with that joint representation. The affidavit of defendant Daniel A. Bieling, who is jointly represented in the case by Onondaga County Department of Law (Carol L. Rhinehart, Esq. and John E. Heisler, Jr., Esq. of counsel), together with the letter in support, all of which were submitted pursuant to the court's order dated April 26, 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 5/18/2018. (sal )
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Filing 19
TEXT ORDER granting #18 Letter Request for Ramona Rabeler, Esq. to withdraw as counsel of record for the City defendants. Authorized by Magistrate Judge David E. Peebles on 5/9/2018. (sal )
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| Filing 18 Letter Motion from Ramona L. Rabeler for City of Syracuse, City of Syracuse Police Department, Scott Henderson requesting Withdrawal as counsel of record submitted to Judge David E. Peebles . (Rabeler, Ramona) |
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Filing 17
Dunton ORDER regarding potential conflict of joint representation of defendants Onondaga County and Daniel A. Bieling. If it has not already been accomplished, Onondaga County Department of Law (Carol Rhinehart, Esq. and John E. Heisler, Jr., Esq., of counsel) shall within five (5) days of the date of this order send a letter to each client in this action a) outlining the circumstances under which an actual or potential conflict of interest may arise, and b) advising whether counsel plans to take a position adverse to that clients interests at trial. A listing of some of the ways in which such a conflict may manifest itself in an action such as this is attached to this order. 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, affidavits must be submitted to the court, together with the letters sent in accordance with paragraph (1) hereof, within twenty (20) days of the date of this order for filing under seal. Signed by Magistrate Judge David E. Peebles on 4/26/2018. (sal)
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Filing 16
TEXT ORDER : During a telephone conference conducted on April 24, 2018, the parties agreed that all claims against Deputy Officer Doe of the Onondaga County Sheriff's Office Identified by badge #1670 referenced in plaintiff's complaint shall apply to Daniel A. Bieling. The clerk is directed to modify the docket sheet to substitute Daniel A. Bieling in place of Deputy Officer Doe of the Onondaga County Sheriff's Office Identified by badge #1670. Authorized by Magistrate Judge David E. Peebles on 4/26/2018. (sal)
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Filing 15
TEXT ORDER: Pursuant to the telephone conference conducted on 4/23/2018, defendants Onondaga County District Attorney's Office, Onondaga County Sheriff's Office, and City of Syracuse Police Department are terminated as defendants in this action. Authorized by Magistrate Judge David E. Peebles on 4/26/2018. (sal ) Modified typo on 4/27/2018 (sal ).
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| Set Hearings: A Telephone Conference is set for 6/27/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Attorney Rhinehart is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/24/2018. After conferring with counsel, Magistrate Judge Peebles will issue a text order deeming defendant Deputy Doe of Onondaga County Sheriff's Office referred to in plaintiff's complaint shall apply to Daniel A. Bieling and the clerk will modify the docket sheet to reflect this. A Dunton Order will be issued as to the Onondaga County defendants. Magistrate Judge Peebles confers with plaintiff's counsel and a text order will be issued dismissing the City of Syracuse Police Department, Onondaga County Sheriff's Department, and Onondaga District Attorney's Office as defendants in this action. Mandatory disclosures have been served by all parties. Discovery demands are being exchanged between the parties. If a Rule 26(c) Protective Order is necessary, then defendants' counsel will draft one and circulate for signatures. Defendants remain at a "no pay" settlement position. Mandatory Mediation is therefore deferred at this time. Next telephone conference is set for 6/27/2018 at 3:00 PM. Attorney Rhinehart is directed to initiate the call to Chambers. APP: Heidi Hysell, Esq. (appearing for Michael Kenny, Esq.), Carol Rhinehart, Esq., and Khalid Bashjawish, Esq.. (sal ) |
| Filing 14 ***SEALED DOCUMENT : Affidavit of Defendant Detective Scott Henderson, together with letter in support, all of which were submitted pursuant to the court's order dated February 23, 2018, and contain sensitive and attorney-client privileged matters, are filed under seal. (sal ) (Additional attachment(s) added on 4/9/2018: #1 Letter) (sal, ). |
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Filing 13
ORDER APPROVING DEFENDANTS' WAIVER OF POTENTIAL CONFLICT. Based upon the circumstances of which this court is presently aware, including the information set forth in the affidavit of defendant Detective Scott Henderson, I find that this defendant has been provided with sufficient written notice by counsel of the potential for conflict arising from joint representation of him, the City of Syracuse, and the City of Syracuse Police Department and has knowingly and voluntarily chosen to waive that potential for conflict and proceed with that joint representation. The affidavit of defendant Detective Scott Henderson, who is jointly represented in the case by the City of Syracuse Corporation Counsel (Khalid Bashjawish, Esq. and Ramona L. Rabeler, Esq., of counsel), together with the letter in support, all of which were submitted pursuant to the court's order dated February 23, 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 4/9/2018. (sal )
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| Filing 12 NOTICE of Appearance by Khalid Bashjawish on behalf of City of Syracuse, City of Syracuse Police Department, Scott Henderson (Bashjawish, Khalid) |
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Filing 11
Dunton ORDER regarding potential conflict of joint representation of the City of Syracuse Defendants. If it has not already been accomplished, the City of Syracuse Corporation Counsel (Ramona L. Rabeler, Esq., of counsel) shall within five (5) days of the date of this order send a letter to each client in this action a) outlining the circumstances under which an actual or potential conflict of interest may arise, and b) advising whether counsel plans to take a position adverse to that clients interests at trial. A listing of some of the ways in which such a conflict may manifest itself in an action such as this is attached to this order. 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, affidavits must be submitted to the court, together with the letters sent in accordance with paragraph (1) hereof, within twenty (20) days of the date of this order for filing under seal. Signed by Magistrate Judge David E. Peebles on 2/23/2018. (sal )
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Filing 10
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 3 days. Preferred Trial Location: Syracuse. Joinder of Parties due by 8/31/2018. Amended Pleadings due by 8/31/2018. Completion of all Discovery due by 1/31/2019. Dispositive Motions must be filed by 4/1/2019. The deadlines for selection of a Mediator and completion of Mandatory Mediation are deferred at this time. PLEASE SEE ATTACHED ADDENDUM REGARDING REQUESTS FOR EXTENSIONS OF TIME. Signed by Magistrate Judge David E. Peebles on 2/23/2018. (Attachments: #1 Addendum)(sal )
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| Set Hearings: Telephone Conference set for 4/24/2018 at 3:30 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 ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 2/22/2018. A Dunton order will be issued as to the City defendants regarding the potential conflict with joint representation. Joinder and amendment deadlines are set for 8/31/2018. Completion of all discovery is due by 1/31/2019. Dispositive motions must be filed by 4/1/2019. Magistrate Judge Peebles defers the deadlines for selecting a mediator and completion of mandatory mediation at this time. This will be a jury trial that is expected to last 3 days in Syracuse. Next telephone conference is set for 4/24/2018 at 3:30 PM. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. APP: Michael Kenny, Esq. and Allison Pardee, Esq. for Pltf.. Carol Rhinehart, Esq. for County Defts.. Ramona Rabeler, Esq. for City Defts.. (sal ) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN by Chanel Buccina. (Kenny, Michael) |
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Filing 8
TEXT ORDER granting in part and denying in part #6 Letter Request. The IN PERSON Initial Conference set for 2/5/2018 at 9:30 AM is rescheduled for 2/22/2018 at 11:30 AM in Syracuse, 10th floor, 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 2/20/2018. (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 1/30/2018. (sal )
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| Filing 7 NOTICE of Appearance by Carol L. Rhinehart on behalf of Deputy Officer Doe of the Onondaga County Sheriff's Office, Onondaga County (Attachments: #1 Certificate of Serice)(Rhinehart, Carol) |
| Filing 6 LETTER MOTION by City of Syracuse, City of Syracuse Police Department, Scott Henderson submitted to Magistrate Judge David E. Peebles. (Rabeler, Ramona) Modified on 1/30/2018 to change from a ltr. brief to a ltr. motion (sal ). |
| Filing 5 ANSWER to Complaint , CROSSCLAIM against Deputy Officer Doe of the Onondaga County Sheriff's Office, John and/or Jane Doe, Onondaga County, Onondaga County District Attorney's Office, Onondaga County Sheriff's Office by City of Syracuse Police Department, City of Syracuse, Scott Henderson.(Rabeler, Ramona) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the #1 Notice of Removal to add the list of documents provided and certificate of service which were inadvertently not uploaded during the case opening process. (rep) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/5/2018 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 1/29/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep) |
| Filing 3 STATE COURT ANSWER: Originally filed by Onondaga County in New York State Supreme Court; Onondaga County. (rep) |
| Filing 2 STATE COURT COMPLAINT: Originally filed by Chanel Buccina in New York State Supreme Court; Onondaga County. (rep) |
| Filing 1 NOTICE OF REMOVAL: From New York State Supreme Court; Onondaga County, case number 006181/2017 (Filing fee $400 receipt number 0206-4243239). Removed by City of Syracuse. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Answer by Defendant Onondaga County and Daniel A. Bieling, #3 Civil Cover Sheet)(rep) (Additional attachment(s) added on 1/9/2018: #4 List of Documents Submitted) (rep, ). (Additional attachment(s) added on 1/9/2018: #5 Certificate of Service) (rep, ). |
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