Glover v. Onondaga County Sheriff's Department et al
Plaintiff: Kelly Glover
Defendant: Onondaga County, Sharon MacDonald, The Onondaga County Sherrif's Department, Dominick Albanese and Onondaga County Sheriff's Department
Not Classified By Court: Mitchell J. Katz
Case Number: 5:2018cv00837
Filed: July 16, 2018
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Onondaga
Presiding Judge: Andrew T Baxter
Referring Judge: Gary L Sharpe
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2021 Opinion or Order Filing 84 NOTICE by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department of in camera submission regarding joint representation (Felter, Karen)
September 24, 2021 Opinion or Order Filing 83 TEXT ONLY ORDER - Pending is plaintiff's application, by order to show cause, "for a Protective Order preventing the destruction of evidence related in any way to this case and the filing under seal of the names of witnesses to the agreement to destroy and/or secrete said evidence." (Dkt. No. 74.) It is apparent from recent filings, including defendants' response, that the application need not be addressed on an expedited basis. (Dkt. Nos. 77, 81.) The substance of the motion, which concerns a non-dispositive, discovery-related matter, will be addressed by Magistrate Judge Andrew T. Baxter in due course, to the extent he has not already done so. (See Text Minute Entry of Sept. 16, 2021 telephone conference conducted by Judge Baxter and the transcript of that conference (Dkt. No. 80.)) IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/24/2021. (jel, )
September 23, 2021 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #81 Response to Order to Show Cause and #82 Certificate of Service. Redacted dates of birth from Exhibit A to #81 Response and modified the docket text at #82 to reflect that the document is a Certificate of Service. (dpk)
September 22, 2021 Opinion or Order Filing 82 CERTIFICATE OF SERVICE re #81 RESPONSE TO ORDER TO SHOW CAUSE filed by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen) Modified on 9/23/2021 (dpk).
September 22, 2021 Opinion or Order Filing 81 RESPONSE TO ORDER TO SHOW CAUSE filed by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-police report, #2 Exhibit(s) B-letter from plaintiff's counsel, #3 Affidavit Dominick Albanese, #4 Affidavit Joseph Ciciarelli, #5 Memorandum of Law)(Felter, Karen) (Attachment 1 replaced on 9/23/2021) (dpk, ).
September 22, 2021 Opinion or Order Filing 80 TRANSCRIPT of Proceedings: Telephone Conference held on 9/16/2021 before Judge Andrew T. Baxter, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/21/2021. Notice of Intent to Redact due by 9/27/2021 (hfc, )
September 17, 2021 Opinion or Order Filing 79 Text Only Order - Defendants' request for a two-day extension of time to respond to plaintiffs motion (Dkt. No. 77) is GRANTED. IT IS SO ORDERED Issued by Senior Judge Gary L. Sharpe on 9/17/2021. (jel, )
September 17, 2021 Opinion or Order Filing 78 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 9/16/21 before Judge Baxter.. (Felter, Karen)
September 17, 2021 Opinion or Order Filing 77 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting two day extension submitted to Judge Sharpe . (Felter, Karen)
September 16, 2021 Opinion or Order Filing 76 TEXT SCHEDULING ORDER: Fact discovery shall be completed by 12/31/2021; plaintiff's expert disclosures shall be made by 2/15/2022, defendant's expert disclosures shall be made by 3/31/2022; and any rebuttal disclosures shall be made by 4/15/2022; expert discovery shall be completed by 5/13/2022; and dispositive motions shall be filed by 6/30/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/16/2021. (kmc)
September 16, 2021 Opinion or Order TEXT MINUTE ENTRY re: stenographically recorded telephone conference on 9/16/2021 addressing discovery issues raised in #69 , #71 , #72 , and #74 various prior submissions by the parties. For the reasons stated on the record during the conference, and subject to the further guidance provided by the court during the conference, the court made the following rulings. (1) Defense counsel represented that the Onondaga County Sheriff's Department ("OCSD") conducted a thorough investigation into plaintiff's allegations regarding certain "missing" documents relating to plaintiff's arrest and, after a diligent search, have disclosed all available documents responsive to plaintiff's discovery demands. Plaintiff may seek to conduct a Rule 30(b)(6) deposition of the OCSD to further explore the nature and extent of the investigation and search for requested documents and any explanation that can be offered for any missing documents, such as plaintiff's arrest report. The OCSD's alleged failure to maintain certain records appears to have occurred outside this court's supervision of the discovery process. Thus, to the extent plaintiff contemplates pursuing a spoliation motion seeking, e.g., preclusion of evidence or a favorable inferences or jury instruction with respect to "missing" documents, that motion should be directed to the presiding District Judge in the context of dispositive motions or any trial. (2) Defense counsel wants to conduct a limited deposition of plaintiff's adult son to clarify whether, as plaintiff claimed in her deposition, her son made certain statements to defendant Albanese regarding plaintiff's passing of counterfeit currency. Absent a stipulation acceptable to defendants or documentation that plaintiff's son might be significantly harmed by such a limited deposition, the defendants are granted leave to conduct that deposition. However, the deposition should be conducted so as to preserve the son's testimony so that he does not need to be called at any trial. (3) The court noted that plaintiff filed #74 an order to show cause/motion seeking a directive to the OCSD that requested records relating to allegations of misconduct of defendant Albanese in 2021 not be destroyed or disposed of. Defense counsel represented that she has previously advised the OCSD to preserve any such records and that she has been assured by OCSD officials that any such documents have been preserved. In the order to show cause/motion, plaintiff also asked that the court temporarily allow plaintiff to withhold, from the defendants, the identity of a "confidential informant" ("CI 11") who provided information regarding an alleged agreement between the Onondaga County Sheriff and defendant Albanese to destroy certain records relating to the latter's recent alleged misconduct. As noted below, this court has provided direction to plaintiff's counsel regarding the disclosure of the identity of CI 11 and any other sources of information about the alleged agreement between the Sheriff and defendant Albanese. Defense counsel will set forth this information in the response to #74 the order to show cause/motion ordered by Senior District Judge Sharpe which should result in that pleading being found moot. (4) The court addressed whether plaintiff is entitled to obtain discovery from the OCSD of certain records regarding the alleged misconduct of defendant Albanese in 2021, which were reportedly negotiated and resolved shortly before he resigned from the OCSD. Based on authority stated on the record and subject to the further guidance provided by the court, the court ruled that the only such evidence that was properly discoverable related to defendant Albanese's allegedly inaccurate report regarding the level of physical force he used against a minor male subject in Cicero, NY on 4/14/2021. Based on considerations of relevance and proportionality, the court found that documents relating to the other allegations of misconduct by defendant Albanese in 2021, approximately five years after the date of the conduct that is the subject of the complaint in this action, was not properly discoverable. (5) To the extent plaintiff seeks to offer evidence of the recent alleged agreement between the Onondaga County Sheriff and defendant Albanese to destroy certain official records, plaintiff must disclose to the defense, perhaps pursuant to a reasonable protective order, the evidence upon which he will rely and the identity of any witnesses who have supplied such evidence, including "CI 11." If plaintiff discloses this evidence, the defense must disclose to plaintiff evidence supporting its position that no such agreement was made and that no records were destroyed. Such evidence could include supporting affidavits from relevant officials of the OCSD, who could also be noticed for depositions by plaintiff. While this subject could possibly provide information relevant to the credibility of defendant Albanese and the reliability of document retention by the OCSD, it is also remote in time from and extraneous to the claims in the complaint relating to defendants' conduct in 2016. So, as an initial matter, the court will not require the OCSD to disclose to plaintiff all of the records relating to the alleged misconduct of defendant in Albanese in 2021, although the court may consider an in camera review of such records to confirm representations that such documents have been preserved. If the parties are unable to agree on the appropriate scope of discovery on this subject, the court may need to intervene further to determine what further discovery is proportional to this case. (6) Plaintiff's counsel has repeatedly raised issues regarding a possible conflict of interest in defense counsel's joint representation of defendant Albanese and the OCSD. Defense counsel recently represented that they revisited the issue of joint representation with defendant Albanese, who is now no longer employed by the OCSD, and that this individual defendant elected to continue representation by the same attorneys as OCSD. Defense counsel was directed to submit Dunton affidavits for the individual defendants, including defendant Albanese, so the court can assess whether joint representation continues to be appropriate. (7) After input from counsel, the court resets the deadlines in this case as follows: fact discovery shall be completed by 12/31/2021; plaintiff's expert disclosures shall be made by 2/15/2022, defendant's expert disclosures shall be made by 3/31/2022; and any rebuttal disclosures shall be made by 4/15/2022; expert discovery shall be completed by 5/13/2022; and dispositive motions shall be filed by 6/30/2022. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. and Matthew Germain, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 2:32 PM - 3:56 PM.) (kmc)
September 15, 2021 Opinion or Order TEXT NOTICE of Hearing: A telephonic conference is set for 9/16/2021 at 2:30 PM before US Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference.(kmc)
September 14, 2021 Opinion or Order Filing 75 TEXT ONLY ORDER - Pending is plaintiff's application, by order to show cause, "for a Protective Order preventing the destruction of evidence related in any way to this case and the filing under seal of the names of witnesses to the agreement to destroy and/or secrete said evidence." (Dkt. No. 74.) Defendants are directed to respond to that application by Monday, September 20 at 12:00 P.M. No reply is permitted. A return on the motion will be scheduled if and when necessary. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/14/2021. (jel, )
September 14, 2021 Opinion or Order Filing 74 Emergency MOTION for Temporary Restraining Order by Kelly Glover. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parry, Jeffrey)
July 6, 2021 Opinion or Order Filing 73 TEXT ORDER: Finding #70 Letter Request as moot. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/6/2021. (kmc)
July 6, 2021 Opinion or Order Filing 72 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
July 5, 2021 Opinion or Order Filing 71 LETTER BRIEF on status of discovery by Kelly Glover. (Parry, Jeffrey)
July 2, 2021 Opinion or Order Filing 70 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension of filing time submitted to Judge Baxter . (Parry, Jeffrey)
July 2, 2021 Opinion or Order Filing 69 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
May 26, 2021 Opinion or Order Filing 68 TEXT ORDER re: #66 #67 the parties' status reports. The parties are continuing to work on discovery issues raised during the last conference. A new issue regarding a possible conflict of interest in defense counsel's continuing representation of defendant Albanese will be affected by an ongoing investigation of him by the Onondaga County Sheriff's Office, and the parties disagree as to what discovery should be disclosed with respect to that investigation. While at least the plaintiff's counsel anticipates that further court intervention will be required with respect to these issues, he agrees that such intervention should await further developments. Accordingly, the parties are directed to file further status reports by 7/2/2021, updating the court on the status of discovery and other disputes between the parties and specifying any intervention from the court that each side thinks is required. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/26/2021. (kmc)
May 24, 2021 Opinion or Order Filing 67 LETTER BRIEF on state of discovery by Kelly Glover. (Parry, Jeffrey)
May 24, 2021 Opinion or Order Filing 66 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-email re missing documents, #2 Exhibit(s) B-Demand for Additional Discovery, #3 Exhibit(s) C-Email re incidents, #4 Exhibit(s) D-Email re Deputy Albanese, #5 Exhibit(s) E-Email re first formal demand, #6 Exhibit(s) F- Email re disqualification, #7 Exhibit(s) G-Email re disqualification, #8 Exhibit(s) H-Email responding to demand, #9 Exhibit(s) I-Email re no conflict)(Felter, Karen)
April 23, 2021 Opinion or Order Filing 65 TEXT Minute Entry for stenographically-recorded Telephone Conference held on 4/23/2021 before U.S. Magistrate Judge Andrew T. Baxter: The court addressed #56 and #62 letter motions/briefs recently filed by the parties regarding discovery issues. The court directed the parties to meet and confer regarding the status of allegedly missing documents and evidence relating to the arrest of plaintiff. Defendants shall file joint or individual status reports, by 5/24/21, advising whether they will request further court intervention and/or proposing revised deadlines. The court also encouraged the parties to schedule remaining depositions when they meet and confer. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. and Matthew Germain, Esq. for defendants. (Court Reporter: Eileen McDonough) Time: 1:30 PM 1:46 PM.(kmc)
April 5, 2021 Opinion or Order Filing 64 TEXT ORDER: DENYING #62 plaintiff's letter motion. The telephone conference on 4/23/2021 at 1:30 p.m. will proceed as scheduled. No further motions or submissions shall be made by either party prior to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/5/2021. (nmk)
April 5, 2021 Opinion or Order Filing 63 TEXT ORDER: The #60 and #61 Letter Motions filed by plaintiff shall be stricken from the docket as they are duplicates of the #55 letter, and will not be considered by the Court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/5/2021. (nmk)
April 2, 2021 Opinion or Order TEXT NOTICE of Hearing: A Telephone Conference is set for 4/23/2021 at 01:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter Access Code 3362194 to connect to the conference. (nmk)
April 1, 2021 Opinion or Order Filing 62 Letter Motion from Jeffrey Parry for Kelly Glover requesting adjournment of conference submitted to Judge Baxter . (Attachments: #1 Exhibit A)(Parry, Jeffrey)
April 1, 2021 Opinion or Order Filing 61 Letter Motion from Jeffrey Parry for Kelly Glover requesting adjournment of conference submitted to Judge Baxter . (Attachments: #1 Exhibit A)(Parry, Jeffrey)
April 1, 2021 Opinion or Order Filing 60 Letter Motion from Jeffrey Parry for Kelly Glover requesting adjournment of conference submitted to Judge Baxter . (Attachments: #1 Exhibit A)(Parry, Jeffrey)
March 30, 2021 Opinion or Order Filing 59 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference re latest discovery issues submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Exhibit(s) A-Emails with Parry re depositions, #2 Exhibit(s) B-Plaintiff's expert disclosure, #3 Exhibit(s) C-Letter to Parry re expert disclosure, #4 Exhibit(s) D-Emails with Parry re Murphy notes, #5 Exhibit(s) E-Seeber's letter request to NYSCJ for sealing, #6 Exhibit(s) F-Notice of Claim, #7 Exhibit(s) G-Murphy's report on discovery probable cause)(Felter, Karen)
January 14, 2021 Opinion or Order Filing 58 TEXT SCHEDULING ORDER: Fact discovery is due by 3/15/2021. Defendants' expert disclosures are due by 3/31/2021; any rebuttal disclosures are due by 4/14/2021. Expert depositions are to be completed by 4/30/2021. Substantive motions are to be filed by 6/28/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/14/2021. (nmk)
January 14, 2021 Opinion or Order TEXT Minute Entry for stenographically-recorded Telephone Conference held on 1/14/2021 before U.S. Magistrate Judge Andrew T. Baxter: After reviewing the submissions made by counsel, the court rules that defense counsel has a right to depose the plaintiff before their export disclosures are made. Pretrial deadlines are reset as follows: Fact discovery is due by 3/15/2021. Defendants' expert disclosures are due by 3/31/2021; any rebuttal disclosures are due by 4/14/2021. Expert depositions are to be completed by 4/30/2021. Substantive motions are to be filed by 6/28/2021. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Matthew Germain, Esq. for defendants. (Court Reporter: Jodi Hibbard. Time: 1:01 PM - 1:11 PM.) (nmk)
January 11, 2021 Opinion or Order Filing 57 TEXT ORDER: The court has received and reviewed the #55 and #56 Letter Motions. The telephone conference set for 1/14/2021 shall proceed as scheduled. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/11/2021. (nmk)
January 7, 2021 Opinion or Order Filing 56 Letter Motion from Matthew P. Germain for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting Conference submitted to Judge Baxter . (Attachments: #1 Exhibit(s) A - Email Correspondence)(Germain, Matthew)
January 6, 2021 Opinion or Order Filing 55 Letter Motion from Jeffrey Parry for Kelly Glover requesting cancellation of conference submitted to Judge Baxter . (Parry, Jeffrey)
January 6, 2021 Opinion or Order TEXT NOTICE of Hearing: A Telephone Conference is set for 1/14/2021 at 01:00 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (nmk)
December 31, 2020 Opinion or Order Filing 54 STATUS REPORT requesting conference by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
November 25, 2020 Opinion or Order Filing 53 TEXT SCHEDULING ORDER: re #52 Status Report. The discovery cutoff is extended to 3/16/2021 (defendants' expert disclosures due by 1/26/2021; and any rebuttal disclosures are due by 2/16/2021). Substantive motions are to be filed by 5/18/2021. Any discovery motion (other than the proposed spoliation motion) should be filed on or before 3/30/2021, but should be proceeded by a good faith meet and confer and a request for a telephone conference before Judge Baxter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/25/2020. (nmk)
November 24, 2020 Opinion or Order Filing 52 STATUS REPORT requesting extension of expert disclosure deadline by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
July 28, 2020 Opinion or Order Filing 51 TEXT ORDER: Plaintiff is directed to provide defense counsel with properly completed and executed HIPPA/Arons-compliant authorizations, as well as employment authorizations, by 8/7/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/28/2020. (nmk)
July 27, 2020 Opinion or Order Filing 50 TEXT ORDER re: #48 plaintiff's letter brief. To the extent plaintiff is seeking leave to file a spoliation motion before Magistrate Judge Baxter, that application is DENIED without prejudice. The spoliation motion described by plaintiff relates to the failure to preserve video evidence that appears to have occurred outside this court's involvement in the discovery process. Plaintiff would likely seek an adverse inference instruction or preclusion of evidence. Such a motion and the relief likely sought by plaintiff that would be more appropriately considered by the presiding District Judge in the context of dispositive motions or trial. To the extent plaintiff's counsel has issues relating to recent exchanges of discovery directed by this court, the parties should review the new information provided, wait a reasonable time for the opposing counsel to complete supplemental discovery to the extent possible, and then meet and confer before seeking further judicial intervention. Based on the foregoing, the court adopts the proposed extension of the schedule as proposed in #44 defendants' letter brief. The discovery cutoff is extended to 1/15/2021 (plaintiff's expert disclosures due by 10/16/2020; defendants' expert disclosures due by 11/27/2020; and any rebuttal disclosures are due by 12/18/2020). Substantive motions are to be filed by 3/19/2021. Any discovery motion (other than the proposed spoliation motion) should be filed on or before 1/29/2021, but should be proceeded by a good faith meet and confer and a request for a telephone conference before Judge Baxter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/27/2020. (nmk)
July 27, 2020 Opinion or Order Filing 49 RESPONSE TO LETTER BRIEF filed by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department as to #48 LETTER BRIEF filed by Kelly Glover . (Felter, Karen)
July 24, 2020 Opinion or Order Filing 48 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
July 21, 2020 Opinion or Order Filing 47 TEXT ORDER: granting #45 Letter Request. Plaintiff's status report is to be filed by 7/24/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/21/2020. (nmk)
July 21, 2020 Opinion or Order Filing 46 LETTER BRIEF by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-authorization received 6/29, #2 Exhibit(s) B-authorizations received following court conference, #3 Exhibit(s) C-authorization emailed 7/15, #4 Exhibit(s) D-authorizations sent to plaintiff's attorneuy)(Felter, Karen) (Attachment 4 replaced on 7/21/2020 to apply redactions to personal identifiers.) (nmk)
July 17, 2020 Opinion or Order Filing 45 Letter Motion from Jeffrey Parry for Kelly Glover requesting adjournment submitted to Judge Baxter . (Parry, Jeffrey)
July 17, 2020 Opinion or Order Filing 44 LETTER BRIEF re status report/new discovery schedule by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
June 29, 2020 Opinion or Order Filing 43 TEXT ORDER: Counsel shall exchange the agreed upon discovery by 7/10/2020 and are directed to submit a status report with proposed revised deadlines by 7/17/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/29/2020. (nmk)
June 29, 2020 Opinion or Order TEXT Minute Entry for stenographically-recorded Telephone Conference held on 6/29/2020 before U.S. Magistrate Judge Andrew T. Baxter: Court inquires as to any progress made with respect to the discovery disputes reflected in #40 defense counsel's letter brief. Counsel advise that, after a meet and confer, they were able to resolve most issues. After a lengthy discussion with counsel, the court provides limited guidance with respect to the order of depositions and affidavits requested by plaintiff's counsel regarding missing or non-existent documents. Defense counsel is actively looking for one video requested by plaintiff's counsel but is currently unable to locate it. Counsel shall exchange the agreed upon discovery by 7/10/2020 and then shall submit a status report with proposed revised deadlines by 7/17/2020. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 11:00 AM - 11:31 AM.) (nmk)
June 17, 2020 Opinion or Order Filing 42 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference submitted to Judge Judge Baxter . (Felter, Karen)
June 16, 2020 Opinion or Order Filing 41 RESPONSE in Opposition re #40 Letter Motion from Matthew P. Germain, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference to address Defendant's ongoing efforts to obtain sufficient responses filed by Kelly Glover. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Parry, Jeffrey)
June 15, 2020 Opinion or Order Filing 40 Letter Motion from Matthew P. Germain, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference to address Defendant's ongoing efforts to obtain sufficient responses to their outstanding discovery demands. submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Exhibit(s) A - May 13, 2020 letter, #2 Exhibit(s) B-June 1, 2020 lette, #3 Exhibit(s) C -June 12, 2020 letter)(Felter, Karen)
May 28, 2020 Opinion or Order Filing 39 TEXT ORDER: Counsel are directed to submit a status report, on or before 6/15/2020, providing an update on the discovery disputes and whether or not court intervention is required. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/28/2020. (nmk)
May 28, 2020 Opinion or Order TEXT Minute Entry for telephonic Status Conference held on 5/28/2020 before U.S. Magistrate Judge Andrew T. Baxter: Counsel provide an update on discovery and advise that there are some disputes which may require court intervention. The court directs counsel to meet and confer regarding discovery responses. Counsel are directed to submit a status report, on or before 6/15/2020, providing an update on the discovery disputes and whether or not court intervention is required. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. Time: 10:31 AM - 10:34 AM. (nmk)
April 2, 2020 Opinion or Order TEXT Minute Entry for stenographically-recorded Telephone Conference held on 4/2/2020 before U.S. Magistrate Judge Andrew T. Baxter: Judge Hummel denied the motion to consolidate this case with case no. 5:18-CV-1218. Counsel advise that limited progress has been made regarding discovery and request an extension of pretrial deadlines. Plaintiff's responses to outstanding demands are due by 5/4/2020. Further, plaintiff shall serve demands on defendants by 4/13/2020. A status conference is set for 5/28/2020 at 10:30 AM. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Eileen McDonough. Time: 10:00 AM - 10:12 AM.) (nmk)
April 2, 2020 Opinion or Order TEXT NOTICE of Hearing: A telephonic Status Conference is set for 5/28/2020 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter Access Code 3362194 to connect to the conference. (nmk)
March 18, 2020 Opinion or Order Filing 38 MEMORANDUM DECISION ORDER denying #29 Motion to Consolidate Cases. Signed by Magistrate Judge Christian F. Hummel on 3/17/2020. (tab)
March 18, 2020 Opinion or Order TEXT NOTICE of Hearing: Telephone Conference set for 4/2/2020 at 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter Access Code 3362194 to connect to the conference call. (lmw)
August 19, 2019 Opinion or Order Filing 37 REPLY to Response to Motion re #29 First MOTION to Consolidate Cases w/ Murphy v. Onondaga County, et al. with Affidavit of Crayg Dykes of the Onondaga County Sheriff's Department filed by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
August 7, 2019 Opinion or Order Filing 36 AFFIDAVIT in Support re #29 First MOTION to Consolidate Cases w/ Murphy v. Onondaga County, et al. filed by Kelly Glover. (Parry, Jeffrey)
July 19, 2019 Opinion or Order Filing 35 TEXT ORDER granting in part and denying in part #32 Letter Request to supplement pleadings RE: #29 First MOTION to Consolidate Cases w/ Murphy v. Onondaga County, et al. : Plaintiff is permitted to file a supplemental affidavit by 8/7/2019 limited to 10 pages. Defendant's response is due by 8/19/19 and is also limited to 1-0 pages. Plaintiff is denied permission to file a second Motion to Disqualify, at this time. [Supplemental Affidavit to Motion due by 8/7/2019; Reply to Motion due by 8/19/2019]. Authorized by Magistrate Judge Christian F. Hummel on 7/19/19. (tab)
July 17, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 7/17/2019. Appearances by Jeffrey Parry, Esq. and Jarrod Smith, Esq. for Plaintiff; Karen Felter, Esq. for Defendants. Attorney John Heisler, Jr., Esq. also appearing on behalf of Defendants in case # 5:18-CV-1218(GLS/CFH). Arguments are heard in regard to Plaintiff's request to supplement the Motion to Consolidate and to file a 2nd motion to disqualify counsel. The Court allows a supplemental affidavit (limited to 10 pages) to be filed by Plaintiff on or by 8/7/2019 and a reply, also limited to 10 pages to be filed by 8/19/2019. The issue of plaintiff filing a 2nd motion to disqualify counsel will be addressed after a decision on consolidation is rendered. (Court Reporter FTR recorded) (tab)
July 1, 2019 Opinion or Order Filing 34 TEXT ORDER: On June 27, 2019, plaintiff filed a letter motion (dkt. no. 32) seeking an extension of time to amend her motion to consolidate (dkt. no. 29) and to file a second motion to disqualify as counsel the Onondaga County Attorneys Office from representing defendants in Murphy v. Onondaga County, et al., 5:18-CV-1218. Defendants have opposed the motion. Dkt. No. 33. Plaintiff in 5:18-CV-1218, Kevin Murphy, has filed an identical motion and the defendants have also opposed in that case. The request (dkt. no. 32) is granted to the limited extent that the Court will hold a conference with counsel for all parties from both cases present. As plaintiff seeks to file a nondispositive motion, a Court conference is required pursuant to N.D.N.Y. Local Rule 7.1(b)(2) prior to the filing of any motion. The conference will be set for July 17, 2019 at 10:00 AM, before Judge Hummel. Counsel may appear by phone. Dial in instructions will follow. SO ORDERED. Authorized by Magistrate Judge Hummel on July 1, 2019.
June 28, 2019 Opinion or Order Filing 33 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting in opposition to letter filed by plaintiff's counsel submitted to Judge Christian F. Hummel . (Felter, Karen)
June 27, 2019 Opinion or Order Filing 32 Letter Motion from Jeffrey Parry for Kelly Glover requesting Extension of time in which to file additional and/or amended pleadings submitted to Judge Hummel . (Parry, Jeffrey)
June 10, 2019 Opinion or Order Filing 31 RESPONSE IN OPPOSITION to Motion to Consolidate, Dkt. No. 29, submitted to Judge Hummel . (Attachments: #1 Exhibit(s) A-Police report, #2 Exhibit(s) B-Expert Disclosure, #3 Exhibit(s) C-Second Amended Witness List, #4 Exhibit(s) D-Letter from PC to Court, #5 Exhibit(s) E-Civil Case Plan)(Felter, Karen) Modified on 6/11/2019 to more accurately reflect what the filing is(tab). (Attachment 1 replaced on 6/12/2019 to redact personal identifiers.) (nmk)
May 24, 2019 Opinion or Order Filing 30 COURT NOTICE of Briefing Schedule on #29 First MOTION to Consolidate Cases w/ Murphy v. Onondaga County, et al. : In an effort to simplify and streamline this motion along with the same motion filed in case 5:18-CV-1218 (GLS/CFH), and as both Motions are now set before Magistrate Judge Hummel, the Response deadline of both Motions is set for 6/10/2019. Both Motions will be considered fully briefed on 6/27/2019. Once motions are fully briefed, the Court will schedule a hearing for oral argument to be heard. [Response to Motion due by 6/10/2019] (tab)
May 3, 2019 Opinion or Order Filing 29 First MOTION to Consolidate Cases w/ Murphy v. Onondaga County, et al. Motion Hearing set for 6/27/2019 09:30 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 6/10/2019 filed by Kelly Glover. Motions referred to Andrew T. Baxter. (Parry, Jeffrey)
April 25, 2019 Opinion or Order TEXT Minute Entry for stenographically-recorded Telephone Conference held on 4/25/2019 before U.S. Magistrate Judge Andrew T. Baxter: Attorney Perry advises he still anticipates moving to consolidate this action with the Murphy action, case no. 18-cv-1218. In light of Judge Baxter's recusal in the Murphy action, Judge Hummel will address any motion to consolidate the two cases. Any motion to consolidate shall be filed by 5/3/2019. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 1:40 PM - 1:45 PM.) (nmk)
April 19, 2019 Opinion or Order Filing 28 TEXT ORDER: granting #26 Letter Request for a conference. A Telephone Conference is set for 4/25/2019 at 01:30 PM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/19/2019. (nmk)
April 15, 2019 Opinion or Order Filing 27 STATUS REPORT in response to defendant's letter by Kelly Glover. (Parry, Jeffrey)
April 15, 2019 Opinion or Order Filing 26 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference in accordance with Court's TEXT ORDER of March 22, 2019 submitted to Judge Baxter . (Felter, Karen)
April 12, 2019 Opinion or Order Filing 25 STATUS REPORT on newly received discovery by Kelly Glover. (Attachments: #1 Proposed Order/Judgment)(Parry, Jeffrey)
April 12, 2019 Opinion or Order Filing 24 STATUS REPORT to Judge Baxter by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
March 22, 2019 Opinion or Order Filing 23 TEXT ORDER: Counsel are directed to submit a status report, on or before 4/12/2019, regarding how they plan to proceed, including proposed revised pretrial deadlines, or a request for another conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/22/2019. (nmk)
March 22, 2019 Opinion or Order TEXT Minute Entry for Telephone Conference held on 3/22/2019 before U.S. Magistrate Judge Andrew T. Baxter: Defense counsel advises that she has received plaintiff's discovery responses and requests an extension of defendants' expert disclosure deadline. Plaintiff's counsel requests an extension of all pretrial deadlines, in light of developing information in this case. After a brief discussion with counsel, the Court directs the parties to confer and submit a status report, on or before 4/12/2019, regarding how the parties plan to proceed, including proposed revised pretrial deadlines, or a request for a conference. Expert disclosure deadlines are stayed. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. for defendants. Time: 11:05 AM - 11:18 AM. (nmk)
March 18, 2019 Opinion or Order Filing 22 TEXT ORDER: granting #21 Letter Request for a conference. A Telephone Conference is set for 3/22/2019 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/18/2019. (nmk)
March 12, 2019 Opinion or Order Filing 21 Letter Motion from Karen G. Felter for Dominick Albanese, Mitchell J. Katz, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference submitted to Judge Baxter . (Felter, Karen)
March 6, 2019 Opinion or Order TEXT Minute Entry for stenographically-recorded telephone conference held on 3/6/2019 before U.S. Magistrate Judge Andrew T. Baxter re #19 defendants' letter motion: After hearing arguments and questioning counsel, the court will not preclude plaintiff's expert nor will it disqualify Mr. Perry as counsel in this case. If defense counsel wishes to further brief the issue, a letter brief is to be filed on or before 3/18/2019. Appearances: Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Jodi Hibbard. Time: 10:31 AM - 10:46 AM.) (nmk)
February 22, 2019 Opinion or Order Filing 20 TEXT ORDER: granting #19 Letter Request for a conference. A Telephone Conference is set for 3/6/2019 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. Any response to defendants' letter motion is to be filed by 3/1/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/22/2019. (nmk)
February 20, 2019 Opinion or Order Filing 19 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting conference pursuant to NDNY Local Rule 7.1(b)(2) submitted to Judge Baxter . (Felter, Karen)
February 19, 2019 Opinion or Order Filing 18 NOTICE of Appearance by Jarrod W. Smith on behalf of Kelly Glover (Smith, Jarrod)
December 20, 2018 Opinion or Order Filing 17 TEXT SCHEDULING ORDER: The discovery cutoff is extended to 4/29/2019 (plaintiff's expert disclosures due by 1/29/2019; defendants' expert disclosures due by 3/15/2019; and any rebuttal disclosures are due by 4/1/2019). Substantive motions are to be filed by 6/24/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/20/2018. (nmk)
December 20, 2018 Opinion or Order TEXT Minute Entry for telephonic Status Conference held on 12/20/2018 before U.S. Magistrate Judge Andrew T. Baxter: The joinder of parties and amendment of pleadings deadlines have expired. Counsel are content with the current pleadings and parties. Pretrial deadlines are extended 6 weeks, at the request of counsel. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. for defendants. Time: 10:35 AM - 10:41 AM. (nmk)
December 12, 2018 Opinion or Order Filing 16 TEXT ORDER: granting #15 defense counsel's letter motion. This case is hereby removed from the ADR Program. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/12/2018. (nmk)
December 11, 2018 Opinion or Order Filing 15 Letter Motion from counsel for County re opting out of mandatory mediation for Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting Order Granting Defendants' Request to Opt Out of Mediation submitted to Judge Andrew T. Baxter . (Felter, Karen)
November 28, 2018 Opinion or Order Filing 14 ANSWER to #13 Amended Complaint & Jury Demand by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department.(Felter, Karen)
November 26, 2018 Opinion or Order TEXT NOTICE: The deadline for the filing of an answer to the #13 Amended Complaint expired on 11/15/2018, and to date defendants have not filed an answer. Defense counsel is directed to promptly file an answer or, a request for an extension of time to do so. (nmk)
November 6, 2018 Opinion or Order ***Answer due date updated for Dominick Albanese answer due 11/15/2018; Sharon MacDonald answer due 11/15/2018; Onondaga County answer due 11/15/2018; Onondaga County Sheriff's Department answer due 11/15/2018. (see)
November 1, 2018 Opinion or Order Filing 13 AMENDED COMPLAINT against All Defendants filed by Kelly Glover.(Parry, Jeffrey)
October 10, 2018 Opinion or Order Filing 12 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mitchell Katz, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Karen Felter, Esq. and Jeffrey Parry, Esq.. Dated: 10/10/2018(Parry, Jeffrey)
October 4, 2018 Opinion or Order Filing 11 TEXT ORDER Regarding Selection of the Mediator: The deadline for the parties to file the Stipulation Selecting a Mediator has expired. The Court hereby extends the deadline to select a mediator to 10/19/218. If a stipulation selecting a mediator is not filed by 10/19/2018, the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Court's Mediator listing and shall issue a text notice notifying the parties of the Mediator's identity. Any questions regarding selection of a mediator should be directed to: Nicole Eallonardo, ADR Administrator, at 315-234-8603. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/4/2018. (nmk)
October 4, 2018 Opinion or Order Filing 10 TEXT ORDER: granting #9 letter motion for extension of time. The deadline for the amendment of pleadings is extended to 11/1/2018. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/4/2018. (nmk)
October 3, 2018 Opinion or Order Filing 9 MOTION for Extension of Time to File Amended Complaint filed by Kelly Glover. Motions referred to Andrew T. Baxter. (Parry, Jeffrey)
August 20, 2018 Opinion or Order Filing 8 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/30/2018. Deadline for completion of Mandatory Mediation is 12/17/2018. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/20/2018. (nmk)
August 20, 2018 Opinion or Order Filing 7 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 10/1/2018. Discovery cutoff is 3/18/2019 (plaintiff's expert disclosures due by 12/18/2018; defendants' expert disclosures due by 2/1/2019; and any rebuttal disclosures are due by 2/18/2019). Substantive motions are to be filed by 5/20/2019. Anticipated length of trial: 5 days. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/20/2018. (nmk)
August 20, 2018 Opinion or Order TEXT NOTICE of Hearing: A telephonic status conference is set for 12/20/2018 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk)
August 17, 2018 Opinion or Order TEXT Minute Entry for telephonic Rule 16 conference held on 8/17/2018 before U.S. Magistrate Judge Andrew T. Baxter: The court explained the Mandatory Mediation Program to counsel. Defendants' Mandatory disclosures will be mailed today. Pretrial deadlines were established. A scheduling order will be issued on behalf of Senior Judge Sharpe. A follow-up telephonic status conference is set for 12/20/2018 at 10:30 AM. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. for defendants. Time: 9:59 AM - 10:06 AM. (nmk)
August 10, 2018 Opinion or Order Filing 6 CIVIL CASE MANAGEMENT PLAN by Kelly Glover. (Parry, Jeffrey)
August 10, 2018 Opinion or Order Filing 5 NOTICE of Appearance by Matthew P. Germain on behalf of Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department (Germain, Matthew)
July 23, 2018 Opinion or Order Filing 4 ANSWER to Complaint by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 certificate of service)(Felter, Karen)
July 17, 2018 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/17/2018 10:00 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234- 8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/10/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jlb)
July 16, 2018 Opinion or Order Filing 2 STATE COURT COMPLAINT filed by Kelly Glover. (jlb)
July 16, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 540/2018 (Filing fee $400 receipt number ANYNDC-4447778) filed by The Onondaga County Sherrif's Department, Dominick Albanese, Sharon MacDonald, Onondaga County. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 Civil Cover Sheet)(jlb)

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Search for this case: Glover v. Onondaga County Sheriff's Department et al
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Defendant: Onondaga County
Represented By: Karen G. Felter
Represented By: Matthew P. Germain
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Defendant: Sharon MacDonald
Represented By: Karen G. Felter
Represented By: Matthew P. Germain
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Defendant: The Onondaga County Sherrif's Department
Represented By: Karen G. Felter
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Defendant: Dominick Albanese
Represented By: Karen G. Felter
Represented By: Matthew P. Germain
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Defendant: Onondaga County Sheriff's Department
Represented By: Karen G. Felter
Represented By: Matthew P. Germain
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Plaintiff: Kelly Glover
Represented By: Jeffrey R. Parry
Represented By: Jarrod W. Smith
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Not classified by court: Mitchell J. Katz
Represented By: Mitchell J. Katz
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