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. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By:	Defendant

Date Filed	Document Text
August 25, 2023	Filing 150 TEXT ONLY ORDER---The balance of plaintiff Kelly Glover's letter motion (Dkt. No. 148), to the extent it is a motion that seeks any definitive relief from this Court, is DENIED for substantially the reasons articulated in Magistrate Judge Andrew T. Baxter's Text Order of August 25, 2023, (Dkt. No. 149). IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/25/2023. (jel, )
August 25, 2023	Filing 149 TEXT ORDER: DENYING #148 plaintiff's motion for reconsideration of 146 this court's 8/22/2023 Text Order denying #145 plaintiff's motion, to the extent it sought adjudication of a motion to compel discovery by this court. Reconsideration is appropriate only if "(1) there is an intervening change in the controlling law; (2) new evidence not previously available comes to light; or (3) it becomes necessary to remedy a clear error of law or to prevent manifest injustice." United States v. Jackson, 41 F. Supp. 3d 156, 164 (N.D.N.Y. 2014) (citing Delaney v. Selsky, 899 F. Supp. 923, 925 (N.D.N.Y. 1995)). A reconsideration motion "is not to be used 'for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a 'second bite at the apple.'" Murray v. Palmer, No. 9:03-CV-1010, 2007 WL 1237679, at *2 (N.D.N.Y. Apr. 27, 2007). Applying these standards, there is no basis for the court to reconsider my prior ruling, given that plaintiff's counsel is clearly trying to relitigate issues that I have previously addressed on numerous prior occasions. Contrary to counsel's representation in his motion for reconsideration, this court has addressed, to varying degrees, plaintiff's many applications for relief related to "missing documents" or spoliation on at least nine occasions-on 4/27/2023, 11/14/2022, 8/26/2022, 6/8/2022, 4/26/2022, 9/16/2021, 4/23/2021, 7/27/2020, and 6/29/2020. Throughout the course of pretrial discovery, the court has repeatedly ruled on these issues as I did during the 4/26/2022 discovery conference: "[A]ny motions from plaintiff regarding 'missing' documents or video footage which the defendants have clearly confirmed they do not currently possess--including the arrest report regarding plaintiff, any 'missing' statements of plaintiff to the police, the sworn statement of Matthew Parisi of Wegmans, and any additional video footage from Wegmans or the Onondaga County Justice Center--should be spoliation motions before District Judge Sharpe in connection with dispositive motions or trial. Judge Baxter will not entertain a motion to compel defendants to produce documents or other evidence when they have clearly represented that they (and their employer) do not currently have possession of such documents." (4/26/2022 Text Minute Entry). During the 4/27/2023 conference, I did note that plaintiff had the option of seeking relief under Fed. R. Civ. P. 56(d) in responding to a defense summary judgment motion before the assigned District Judge; however, that in no way suggested that a further motion to compel before the assigned Magistrate Judge, much less an untimely motion, would be appropriate, given my prior rulings. My prior rulings also strongly indicated that it would be futile to seek, under Rule 56(d), additional time to pursue discovery that defendants had repeatedly stated was not available, as opposed to requests for other relief, such spoliation sanctions. To the extent plaintiff's motion for reconsideration is addressed to 147 Judge Sharpe's 8/23/2023 Text Order, I, of course, defer to Judge Sharpe to address that aspect of plaintiff's motion. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 8/25/2023. (kmc)
August 24, 2023	Filing 148 Letter Motion from Jeffrey Parry for Kelly Glover requesting reconsideration of text order submitted to Judge Sharpe and Judge Baxter. (Parry, Jeffrey)
August 22, 2023	Filing 147 Text Only Order - On June 23, 2023, defendants moved for summary judgment. (Dkt. No. 141.) Plaintiff Kelly Glover, through her counsel Jeffrey Parry, sought a three-week extension of time to, among other things, respond to that motion. (Dkt. No. 143.) Counsel "assure[d the court] that plaintiff's response... c[ould] be completed in this period and timely filed." (Id. at 2.) Instead of responding as promised, Parry moved for various relief, which motion has been partially denied by Magistrate Judge Andrew T. Baxter. (Dkt. No. 146.) Unfortunately, Parry and his antics are all too familiar to the court. See Murphy v. Onondaga, No. 5:18-cv-1218. This court whole-heartedly concurs with Magistrate Judge Baxter's observation that the motion filed yesterday by Parry does not "appropriately comply with [Magistrate Judge Baxter]'s guidance that [Parry] file a response to the defense summary judgment motion and a cross-motion for spoliation sanctions. (Dkt. No. 146.) The balance of Glover's motion left unaddressed by Magistrate Judge Baxter, (Dkt. No. 145), is DENIED. The court does not consider yesterday's motion as a response to the summary judgment motion, nor does it consider it a cross motion for sanctions due to the spoliation of evidence. Moreover, the court is not inclined to afford Glover additional time to file a response or cross motion due to counsel's willful failure to do so despite the myriad discussions with Magistrate Judge Baxter and Parry's assurance to this court that he would do so if afforded additional time. Accordingly, defendants' motion for summary judgement is deemed unopposed and will be addressed in due course. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/22/2023. (jel, )
August 22, 2023	Filing 146 TEXT ORDER re: #145 plaintiff's cross-motion to compel discovery, for additional time within which to respond, and for remedial action based upon defendants' spoliation of evidence. This motion was referred to this court presumably because it was styled, at least in part, as a discovery motion. However, I have overseen pretrial discovery in this matter since 8/20/2018. (See Dkt. No. #7 ). After numerous extensions, the final discovery cutoff in this action was set at 4/14/2023, at which time "[t]he court warned the parties that, because of the extensive delays in discovery to date, no further extensions of these deadlines would be granted." (See 12/21/2022 Text Minute Entry). Under N.D.N.Y. Local Rules 16.2 and 37.1 (h), any motions to compel discovery must be filed no later than fourteen days after the discovery cutoff. To the extent plaintiff's motion constitutes a motion to compel discovery, it was filed almost four months after the applicable deadline (4/28/2023) and will be DENIED by this court without requiring a response from defense counsel. This court has, on innumerable occasions, addressed plaintiff's motions and complaints that the defendants must have had possession of various documents, including an arrest report relating to plaintiff, and the court has repeatedly directed the defendants to produce any such records that still exist. The court provided plaintiff's counsel with extensive opportunities to conduct discovery regarding spoliation and to explore other means of seeking the "missing" documents. After numerous representations from defense counsel that, after repeated investigation and searches, all existing documents had been produced, the court made clear to plaintiff that I could not compel defendants to produce documents that they claim no longer exist. Plaintiff's counsel was repeatedly advised that his remaining recourse was to pursue a motion for spoliation sanctions and/or seek relief under Fed. R. Civ. P. 56(d) before Judge Sharpe in the context of dispositive motion practice. (See, e.g., Tr. of 4/27/2023 Telephone Conference at 6-7, 9-11, Dkt. No. #137 ). Plaintiff's submission does not, in this court's view, appropriately comply with this court's guidance that he file a response to the defense summary judgment motion and a cross-motion for spoliation sanctions "argu[ing] that... there should be inferences drawn in your favor in connection with the summary judgment motion based on spoliation. (Id. at 9). Instead, plaintiff's counsel doggedly continues to argue that the court should compel defendants to produce documents that defendants have continued to represent no longer exist. This court will defer to Senior District Judge Sharpe as to whether plaintiff's submission should be accepted as his response to the summary judgment motion and cross-motion for spoliation, which Judge Sharpe will address as submitted, or whether plaintiff should be afforded additional time to file responsive papers. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 8/22/2023. (kmc)
August 21, 2023	Filing 145 First MOTION for Extension of Time to Complete Discovery and Compel production of evidence filed by Kelly Glover. Response to Motion due by 9/11/2023 (Attachments: #1 Exhibit(s) complaint, #2 Exhibit(s) answer, #3 Exhibit(s) transcript dkt 137, #4 Exhibit(s) sample daily activity log, #5 Exhibit(s) dkt 120 letter, #6 Exhibit(s) docket, #7 Exhibit(s) MacDonald email, #8 Exhibit(s) transcript Kelly Glover, #9 Exhibit(s) expert report, #10 Exhibit(s) Albanese Interrogatories, #11 Exhibit(s) records retention law, #12 Exhibit(s) email on records retention, #13 Exhibit(s) waiver of claim form, #14 Exhibit(s) MacDonald Interrogatories, #15 Exhibit(s) Transcript Kevin Murphy, #16 Exhibit(s) arrest report sample, #17 Exhibit(s) CNY Leads form, #18 Exhibit(s) discovery demand, #19 Exhibit(s) discovery answer, #20 Exhibit(s) additional discovery demand, #21 Exhibit(s) ans to additional discovery demand, #22 Memorandum of Law) Motions referred to Andrew T. Baxter. (Parry, Jeffrey)
July 24, 2023	Filing 144 Text Only Order - Plaintiff's request for a three-week extension until August 21, 2023 to file plaintiff's response papers, (Dkt. No. 143), is GRANTED. Defendant's reply papers shall be filed on or before September 22, 2023, and reply to spoliation cross motion due by October 9, 2023. Parties are forewarned that no further extensions will be permitted, absent extraordinary circumstances. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/24/2023. (jel, )
July 18, 2023	Filing 143 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension of time in which to file submitted to Judge Sharpe . (Parry, Jeffrey)
July 3, 2023	Filing 142 DVD- The Albany Clerk's office received DVD's containing digital media- Exhibit E (Video obtained from Wegmans) and Exhibit F (Booking Video) in support of the #141 Motion for Summary Judgment. Not available for public viewing. (mgh)
June 28, 2023	CLERK'S CORRECTION OF DOCKET ENTRY re #141 Motion for Summary Judgment. Redacted the personal identifiers contained in Exhibit B pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2 (khr)
June 23, 2023	Filing 141 MOTION for Summary Judgment filed by Dominick Albanese, Mitchell J. Katz, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. Motion returnable before Judge Sharpe. Response to Motion due by 7/14/2023. Reply to Response to Motion due by 7/21/2023 (Attachments: #1 Declaration Karen G. Felter, Esq., #2 Exhibit(s) A - Amended Complaint, #3 Exhibit(s) B - Police Report, #4 Exhibit(s) C - Release and Waiver, #5 Exhibit(s) D - Seeber Letter, #6 Exhibit(s) E - Video from Wegmans, #7 Exhibit(s) F - Booking Video, #8 Exhibit(s) G - EBT Transcript, Kelly Glover, #9 Exhibit(s) H - EBT Transcript, Benjamin Amrod, #10 Exhibit(s) I - EBT Transcript, Anthony Johnston, #11 Exhibit(s) J - Emails between MacDonald and DA's Office, #12 Exhibit(s) K - Parisi Statement, #13 Exhibit(s) L - Training Records - MacDonald and Albanese, #14 Exhibit(s) M - OCSO Field Training Manual, #15 Exhibit(s) N - OCSO Duty Manual, #16 Exhibit(s) O - OCSO Custody Strip Search Policy, #17 Exhibit(s) P - Defendants' Expert Report/CV - David Barrette, #18 Exhibit(s) Q - Defendants' Expert Rebuttal Report - David Barrette, #19 Exhibit(s) R - Plaintiff's Expert Disclosure - Kevin Murphy, #20 Exhibit(s) S - Plaintiff's Amende Expert Disclosure - Kevin Murphy, #21 Exhibit(s) T - Plaintiff's Expert Disclosure - Jamie Olden, #22 Exhibit(s) U - INMATE printout form, #23 Exhibit(s) V - EBT Transcript, Mike LeFebvre, #24 Exhibit(s) W - Exhibits, LeFebvre EBT, #25 Exhibit(s) 1 - Kevin Murphy Report on Probable Cause, #26 Exhibit(s) 2- Kevin Murphy Report on DR # 16-506731, #27 Exhibit(s) 3 - EBT Transcript, Kevin Murphy (2/24/23), #28 Exhibit(s) 4 - Exhibits, Murphy I EBT (2/24/23), #29 Exhibit(s) 5 - EBT Transcript, Kevin Murphy (4/14/23), #30 Exhibit(s) 6 - Exhibits, Murphy II EBT (4/14/23), #31 Affidavit Dominick Albanese, #32 Affidavit Sharon MacDonald, #33 Affidavit Matthew Parisi, #34 Declaration Angelo Caruso, #35 Declaration Joseph Ciciarelli, #36 Declaration Matthew Fischer, #37 Declaration Timothy Woods, #38 Declaration David Barrette, #39 Statement of Material Facts, #40 Memorandum of Law) (Felter, Karen) (Attachment 3 replaced on 6/28/2023) (khr, ).
June 15, 2023	Filing 140 TEXT ORDER: Granting #139 Letter Request for an extension of time. Dispositive Motions are to be filed by 6/23/2023. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 6/15/2023. (kmc)
June 14, 2023	Filing 139 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting extension of deadline to file motion for summary judgment submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)
May 31, 2023	Filing 138 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
May 18, 2023	Filing 137 TRANSCRIPT of Proceedings: Telephone Conference held on 4/27/2023 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 6/8/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/16/2023. Notice of Intent to Redact due by 5/23/2023 (hfc, )
May 2, 2023	Filing 136 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 04/27/2023 before Judge Hon. Andrew T. Baxter.. (Felter, Karen)
April 27, 2023	TEXT Minute Entry for a stenographically-recorded telephone Status Conference held on 4/27/2023 before U.S. Magistrate Judge Andrew T. Baxter re #134 plaintiff's letter motion and #135 defendant's letter motion. The court hears from both sides and, for the reasons stated on the record, sets a briefing schedule for dispositive motions and plaintiff's anticipated spoilation motion. Any dispositive motions are to be filed by 6/16/2023, response(s) to dispositive motion(s) and any cross motion regarding alleged spoliation due by 7/31/2023, any reply to dispositive motion(s) due by 9/1/2023, and reply to spoliation cross motion due by 9/18/2023. The court raised the issue of potential settlement negotiations. Plaintiff's counsel agreed to submit a settlement demand letter to defense counsel and the parties will advise the court if they think it would be productive to pursue mediation or a settlement conference. Appearances: Jeffrey Parry, Esq. and Jarrod W. Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 10:30 AM - 10:58 AM.)(kmc)
April 19, 2023	TEXT NOTICE of Hearing: A telephonic conference is set for 4/27/2023 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 111 523 605 to connect to the conference. (kmc)
April 17, 2023	Filing 135 Letter Motion from Jeffrey Parry for Kelly Glover requesting a hearing on spoliation submitted to Judge Baxter . (Parry, Jeffrey)
April 17, 2023	Filing 134 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting Court to stagger motion deadlines submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)
February 23, 2023	Filing 133 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 04/26/2022 before Judge Hon. Andrew T. Baxter.. (Felter, Karen)
January 27, 2023	Filing 132 TEXT ORDER re: #130 #131 the parties' letter briefs. The court sees no reason to intervene at this time based on the correspondence from the parties. SO ORDERED by US Magistrate Judge Andrew T. Baxter on January 27, 2023. (rep)
January 26, 2023	Filing 131 LETTER BRIEF in response to plaintiff's letter brief dated 1/25/23 by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
January 25, 2023	Filing 130 LETTER BRIEF by Kelly Glover. (Attachments: #1 A addendum to the Court's Order)(Parry, Jeffrey)
December 21, 2022	TEXT MINUTE ENTRY re: Electronically-recorded telephone conference conducted before U.S. Magistrate Judge Andrew T. Baxter on 12/21/2022 re: discovery issues raised in #125 #128 & #129 the parties letter briefs. For reasons stated on the record during the conference, the court will not permit any further discovery in this action relating to the 2021 Tartan Road incident, or the subsequent circumstances of defendant Albaneses discipline by and resignation from the Onondaga County Sheriffs Department, other than that specifically identified during the 12/21/2022 conference and during the prior, 9/16/2021 Discovery conference. (See Tr. at 35-37, 40-41, Dkt. No. 80). The court rules that #102 the Confidentiality Order applies to any evidence relating to the Tartan Road incident obtained by the parties in this action, including the materials obtained from the Cicero Police Department, and that evidence shall be disclosed and used only and exclusively for the purposes of this litigation. However, the court orally modified #102 the Confidentiality Order in this case to allow counsel to disclose, to the eye witnesses to defendant Albaneses conduct during the Tartan Road incident, the available video evidence from the Cicero Police Department, in order to develop their possible testimony, subject to the requirement that each witness agree to abide by the terms of the Confidentiality Order, by executing Appendix I to that Order (modified to clarify their status as a fact witness). The statements of defendant Albanese relating to the Tartan Road incident may only be shown to the law enforcement officers of the Cicero Police Department who responded to the Tartan Road incident, again subject to the terms of the modified Confidentiality Order. The court set final deadlines for the completion of pretrial proceedings in this case as follows: fact discovery and the first deposition of expert Kevin Murphy shall be completed by 2/28/2023; the supplemental expert disclosure of Kevin Murphy and any other expert disclosures shall be served by 3/13/2023; any rebuttal expert disclosures shall be served by 3/31/2023; all discovery shall be completed by 4/14/2023; any dispositive motion or motion for spoliation sanctions shall be filed by 5/15/2023. The court warned the parties that, because of the extensive delays in discovery to date, no further extensions of these deadlines would be granted. Appearances: Jeffrey Parry, Esq., for Plaintiff; Karen Felter, Esq., for Defendants; Court Reporter: FTR Recorded. [1:30PM-2:20PM] (map)
December 19, 2022	Filing 129 LETTER BRIEF in response by Kelly Glover. (Parry, Jeffrey)
December 13, 2022	NOTICE of Hearing: Telephonic Status Conference set for 12/21/2022 01:30 PM before US Magistrate Judge Andrew T. Baxter. The parties are directed to dial +1 315-691-0477, and enter ID code 355 020 509 to join conference. (gmd)
December 12, 2022	Filing 128 LETTER BRIEF by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) 1-Emails re Glover & missing documents & exception to Confidentiality Order, #2 Exhibit(s) 2-Documents Parry subpoenaed from Cicero Police Department re Tartan Road, #3 Exhibit(s) 3-Subject management report (Albanese) - page 2 -not signed by Captain/Assistant Chief)(Felter, Karen)
November 29, 2022	Filing 127 TEXT ORDER granting Dkt. #126 Letter Request requesting time to respond to plaintiff's counsel's request for exception to confidential: Response to Dkt. #125 Letter Brief due by 12/12/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/29/2022. (gmd)
November 29, 2022	Filing 126 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting time to respond to plaintiff's counsel's request for exception to confidentiality order submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)
November 28, 2022	Filing 125 Letter Motion from Jeffrey Parry for Kelly Glover requesting exception to the Confidentiality Order submitted to Judge Baxter . (Parry, Jeffrey)
November 21, 2022	Filing 124 TEXT ORDER DENYING Dkt. #38 defendants Motion for Reconsideration/Denial of Request for So-Ordered Subpoena. Given the extensive delays in discovery in this action, the court so-ordered this and other subpoenas to avoid further delays in compliance by non-party law enforcement agencies, which frequently afford limited priority to attorney-issued subpoenas. While the defendants are precluded from moving to quash the subpoena, the targets of the subpoena may move to quash if production would be unduly burdensome or raises some other legitimate objection. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/21/2022. (gmd)
November 18, 2022	Filing 123 Letter Motion from Karen G. Felter, counsel for Defendants for Onondaga County Sheriff's Department requesting Reconsideration/Denial of Request to "So Order' Subpoena submitted to Judge Andrew T. Baxter . (Felter, Karen)
November 18, 2022	Filing 122 TEXT ORDER granting Dkt. #121 Letter Request for issuance of a subpoena. So Ordered by U.S. Magistrate Judge Baxter 11/18/2022. (gmd)
November 17, 2022	Filing 121 Letter Motion from Jeffrey Parry for Kelly Glover requesting That subpoena be so ordered submitted to Judge Baxter . (Attachments: #1 Exhibit(s) Proposed Subpoena)(Parry, Jeffrey)
November 14, 2022	Filing 120 LETTER BRIEF and exhibit by Kelly Glover. (Attachments: #1 Exhibit(s) A)(Parry, Jeffrey)
November 14, 2022	TEXT Minute Entry for a stenographically-recorded telephone Status Conference held on 11/14/2022 before U.S. Magistrate Judge Andrew T. Baxter: The parties state their respective positions with respect to the discovery and other issues raised in #120 plaintiff's letter brief. The court again states that plaintiff must ultimately address spoliation issues to Senior District Judge Sharpe and that the parties should proceed with fact discovery, including discovery relating to spoliation, pursuant to the courts prior guidance (see 10/6/2022 Text Minute Entry). Plaintiffs counsel shall promptly consult with his expert, whose health issues appear to be currently under control, so that his initial deposition may be scheduled and plaintiff can specify what additional evidence they are seeking from the CNYLEADS and CHAIRS systems. The parties should then discuss scheduling the follow-up deposition of Mr. Lefebvre regarding the CNYLEADS and CHAIRS systems and related procedures, as well depositions of possible remaining fact and spoliation witnesses, including Mr. Jones (who plaintiff may subpoena if counsel prefers to do so), Ms. Smith, Ms. Olden, ADA Johnston, and Sgt. MacDonald. In light of the impending holidays and a trial conflict of defense counsel in December, the court schedules the next telephonic Status Conference on 1/5/2023 1:30 p.m., by which time the court expects the parties to be in a position to propose a reasonably firm schedule for completing discovery. Appearances: Jeffrey Parry, Esq. and Jarrod W. Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. Court Reporter Hannah Cavanaugh. Time: 1:32 PM - 2:16 PM. (gmd)
October 6, 2022	Filing 119 TEXT ORDER: As reflected in the accompanying TEXT Minute Entry, defendants' expert disclosure deadline is STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/6/2022.(kmc)
October 6, 2022	Filing 118 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
October 6, 2022	TEXT Minute Entry for a stenographically-recorded telephone conference held on 10/6/2022 before U.S. Magistrate Judge Andrew T. Baxter: Both parties raised issues regarding discovery, which has been largely staffed since the last status conference. Because of serious and prolonged health issues, plaintiff's expert has not been available for his first deposition and plaintiff's counsel has not been able to finalize the list of additional data sought from the relevant law enforcement computer systems (including CNYLEADS and CHAIRS). Plaintiff's expert currently has some availability in October, which should facilitate completing his first deposition in this case and the completion of plaintiff's list of data sought from the law enforcement computer systems. The parties should also be able to reschedule and complete the deposition of an Assistant District Attorney who communicated with defendant Albanese about plaintiff on the day of the subject incident. After those steps are completed, the parties should be able to begin to schedule follow-up depositions of plaintiff's expert and defense consultant Michael Lefebvre; possible depositions of a police officer who allegedly participated in discussions about destroying records related to plaintiff's arrests, and other potential witnesses identified by plaintiff; and depositions of the two named individual defendants. After fact discovery is completed, plaintiff's counsel may seek to schedule a deposition of his expert to preserve his testimony for possible use at trial. A follow-up telephonic status conference is set for 11/14/2022 at 1:30 PM, during which deadlines will be reset, as necessary. The court has stayed defendants' expert disclosure deadline pending the conference, as reflected in the accompanying text order. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Jodi Hibbard. Time: 1:30 PM - 2:05 PM.) (kmc)
October 6, 2022	TEXT NOTICE of Hearing: A telephonic Status Conference is set for 11/14/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 321 946 487 to connect to the conference.(kmc)
September 23, 2022	Filing 117 JUDICIAL SUBPOENA: Directing New York State Department of Education to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2022. (kmc)
September 23, 2022	Filing 116 JUDICIAL SUBPOENA: Directing Onondaga County District Attorney's Office to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2022. (kmc)
September 23, 2022	Filing 115 JUDICIAL SUBPOENA: Directing New York State Department of Criminal Justice Services to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2022. (kmc)
September 22, 2022	Filing 114 Letter Motion from Jeffrey Parry for Kelly Glover requesting subpoena be so-ordered submitted to Judge Baxter . (Attachments: #1 Corrected/Redacted Document(s) proposed subpoena, #2 Corrected/Redacted Document(s) proposed subpoena, #3 Corrected/Redacted Document(s) proposed subpoena)(Parry, Jeffrey)
September 15, 2022	Filing 113 TEXT ORDER re #112 Letter Motion: Plaintiff's counsel is directed to refile the judicial subpoenas that need to be reissued. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/15/2022. (kmc)
September 12, 2022	Filing 112 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension to serve submitted to Judge Baxter . (Parry, Jeffrey)
August 29, 2022	TEXT NOTICE of Hearing: A telephonic Status Conference is set for 10/6/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 570 539 063 to connect to the conference. (kmc)
August 26, 2022	TEXT Minute Entry for a stenographically-recorded telephone conference held on 8/26/2022 before U.S. Magistrate Judge Andrew T. Baxter re: #103 plaintiff's letter motion seeking leave to issue subpoenas, #104 defendants' letter motion requesting that a schedule to be set for completion of fact discovery and the initial deposition of Kevin Murphy, #106 plaintiff's letter brief, #107 defendants' letter brief including a number of exhibits, and #108 plaintiff's response to #107 defendants' letter. Defense counsel advised that she does not object to the issuance of plaintiff's requested subpoenas. The court will so order and issue the subpoenas for New York State Division of Criminal Justice Services, New York State Department of Education, and Onondaga County District Attorney's Office, as reflected in the accompanying docket entries. The court discussed plaintiff's professed intention, after the initial deposition of Michael LeFebvre, to pursue a motion for sanctions based on the defendants' alleged failure to produce records and data from various law enforcement computer systems (including CNYLEADS and CHAIRS). The court noted that the purpose of deposing Michael LeFebvre was for Mr. Parry to talk directly with an individual who was familiar with the various computer system to ensure that all available, relevant data and information will be identified and disclosed. Pursuant to the court's prior instructions, Mr. Parry should make a direct request to defense counsel, informed by the first deposition of Mr. LeFebvre, listing the further information available in those systems that plaintiff is seeking. When the additional information is provided to plaintiff's counsel, the follow-up deposition of Mr. LeFebvre can be conducted. The court suggested an appropriate sequence for continuing with fact and expert discovery, including a prompt initial deposition of Mr. Murphy. The parties are directed to meet and confer regarding discovery that needs to be completed and a reasonable schedule in which to accomplish that. A follow-up telephone conference is set for 10/6/2022 at 1:30 PM, during which deadlines will be reset, as necessary. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 11:30 AM - 12:16 PM.)(kmc)
August 26, 2022	Filing 111 JUDICIAL SUBPOENA: Directing Onondaga County District Attorney's Office to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc)
August 26, 2022	Filing 110 JUDICIAL SUBPOENA: Directing New York State Department of Criminal Justice Services to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc)
August 26, 2022	Filing 109 JUDICIAL SUBPOENA: Directing New York State Department of Education to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc)
August 26, 2022	Filing 108 NOTICE by Kelly Glover (Parry, Jeffrey)
August 25, 2022	Filing 107 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting providing documents in advance of Court conference submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Deposition Transcript - Michael LeFebvre, #2 LeFebvre EBT Exhibit 1, #3 LeFebvre EBT Exhibit 2, #4 LeFebvre EBT Exhibit 3, #5 LeFebvre EBT Exhibit 4, #6 LeFebvre EBT Exhibit 5, #7 LeFebvre EBT Exhibit 6, #8 LeFebvre EBT Exhibit 7, #9 LeFebvre EBT Exhibit 8)(Felter, Karen)
August 25, 2022	Filing 106 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
August 23, 2022	Filing 105 TEXT ORDER: Ms. Yagan's request to connect to the telephone conference in 5:18-cv-00837-(GLS-ATB), Glover v. Onondaga County Sheriff's Department et al. is DENIED. Her e-mail request suggests that she has had frequent technical difficulty communicating with the court or participating in court conferences from her telephone, and that creates a significant risk that her attempted participation will disrupt the conference. Moreover, the court understands that Ms. Yagan has published recordings of prior telephone communications with police and court personnel on her YouTube channel, and recording of Northern District of New York judicial proceedings is prohibited without prior court consent. The primary purpose of the proceeding on August 26, 2022 is to discuss scheduling issues in the case, so the public interest in the proceeding should be minimal. Ms. Yagan will have the opportunity to review the subsequent docket entries for the proceeding on PACER and/or order a transcript if she wishes. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/23/2022. (kmc)
August 19, 2022	TEXT NOTICE of Hearing: A telephonic conference is set for 8/26/2022 at 11:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 543 968 494 to connect to the conference. (kmc)
August 17, 2022	Filing 104 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting a conference re Murphy deposition and resetting deadlines for discovery submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)
August 16, 2022	Filing 103 Letter Motion from Jeffrey Parry for Kelly Glover requesting "so-ordered" subpoenas submitted to Judge Baxter . (Attachments: #1 Exhibit(s) proposed subpoena, #2 Exhibit(s) proposed subpoena, #3 Exhibit(s) proposed subpoena)(Parry, Jeffrey)
July 18, 2022	Filing 102 CONFIDENTIALITY ORDER re: #100 #101 the parties' competing drafts of a Confidentiality Order. Having considered the positions of both sides, who agree that a confidentiality order should be entered, but have been unable to agree to terms after protracted discussion, the court enters the attached CONFIDENTIALITY ORDER. Any unresolved issues regarding whether particular documents or other items are properly designated as "Confidential" should be addressed pursuant to the Order. Signed by U.S. Magistrate Judge Andrew T. Baxter on 7/18/2022. (kmc)
July 15, 2022	Filing 101 Letter Motion from Jeffrey Parry for Kelly Glover requesting Courts drafting of a protective order submitted to Judge Baxter . (Parry, Jeffrey)
July 14, 2022	Filing 100 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-proposed protective order, #2 Exhibit(s) B-email exchange)(Felter, Karen)
June 22, 2022	Filing 99 ORDER: Granting #98 Letter Motion that the county produce former OCSO Deputy Mike LeFebvre for a deposition and that he be given temporary access to CNYLEADS/CHAIRS for his deposition. Signed by U.S. Magistrate Judge Andrew T. Baxter on 6/22/2022. (kmc)
June 21, 2022	Filing 98 Letter Motion from Karen G. Felter, counsel for Defendants for Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting that the Court "So Order" a letter explaining its directive that the County is to produce former OCSO Deputy Mike LeFebvre for a deposition and that he be given temporary access to CNYLEADS/CHAIRS to facilitate his deposition submitted to Judge Andrew T. Baxter . (Felter, Karen)
June 21, 2022	Filing 97 TRANSCRIPT of Proceedings: FTR Telephone Conference held on 6/8/2022 before Judge Andrew T. Baxter, Court Reporter/Transcriber: 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/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. Notice of Intent to Redact due by 6/27/2022 (hfc, )
June 21, 2022	Filing 96 TRANSCRIPT REQUEST expedited by Kelly Glover for proceedings held on 06/08/2022 before Judge Baxter.. (Parry, Jeffrey)
June 8, 2022	Filing 95 TEXT ORDER: By 7/15/2022, the parties are to submit competing proposed protective orders if they have not come to a consensus on a stipulated protective order. Fact discovery cut off is 9/2/2022. Defendants' expert disclosures due by 11/4/2022; and any rebuttal expert disclosures are due by 12/2/2022. Expert discovery cut off is 1/6/2023. Dispositive motions are to be filed by 3/3/2023. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/8/2022.(kmc)
June 8, 2022	TEXT MINUTE ENTRY re: a recorded telephone conference on 6/8/2022 to address discovery and other issues raised in #91 #92 #93 and #94 the parties' letter briefs. The parties should rely on a transcript of this telephone conference as documentation of the details of the court's rulings, guidance, and the supporting reasons. Plaintiff's counsel advised that DCJS has informally acknowledged that, based on its ongoing investigation, it has made findings favorable to plaintiff's expert and fact witness, Kevin Murphy, which should permit plaintiff to continue to rely upon him as her expert witness. As a result, both sides are now prepared to go forward with depositions of Michael LeFebvre and several other witnesses regarding the plaintiff's spoliation claims, as well as an initial deposition of Mr. Murphy previously ordered by the court. The parties both agree that Mr. LeFebvre's deposition needs to be expedited before he loses access, at the end of June, to the CNYLEADS/CHAIRS system, which will be necessary for him to address plaintiff's anticipated requests for information. The parties are directed to schedule the depositions of the spoliation witnesses and then the initial deposition of Mr. Murphy. The court provided guidance to plaintiff's counsel with respect to how to address the defense requests for admission, given that his client is not sure whether she is depicted in certain relevant video footage. Defense counsel can follow up on that issue during a deposition of plaintiff. Plaintiff's counsel advised he has not resolved his issues regarding a proposed protective stipulation/order relating to the "Tartan Road incident." If the parties cannot reach an agreement with respect to the language of such a stipulation/order by 7/15/2022, they are to submit competing proposed protective orders, and the court will so-order the version that he finds most reasonable overall. Deadlines have been reset, as reflected in the accompanying text order. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. and Matthew Germain, Esq. for defendants. (FTR Recorded) (kmc)
May 27, 2022	Filing 94 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
May 27, 2022	TEXT NOTICE of Hearing: A telephonic conference is set for 6/8/2022 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.(kmc)
May 20, 2022	Filing 93 STATUS REPORT (update) by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
May 19, 2022	Filing 92 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-emails)(Felter, Karen)
May 3, 2022	Filing 91 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
April 26, 2022	Filing 90 TEXT ORDER: The parties are directed to submit status reports by 5/27/2022 with a proposed, revised schedule for completing pretrial proceedings, and advise the court whether any other areas of dispute have not been resolved after good faith negotiations. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/26/2022. (kmc)
April 26, 2022	TEXT MINUTE ENTRY: On 4/26/2022, the court conducted a stenographically-recorded telephone conference to address discovery and other issues raised in #87 #89 the parties' letter briefs. After questioning the parties extensively, and allowing them to make supplemental arguments, the court made the following rulings and provided the following guidance, for the reasons stated on the record during the conference. The court confirmed his ruling in prior conferences, that any motions from plaintiff regarding "missing" documents or video footage which the defendants have clearly confirmed they do not currently possess-including the arrest report regarding plaintiff, any "missing" statements of plaintiff to the police, the sworn statement of Matthew Parisi of Wegmans, and any additional video footage from Wegmans or the Onondaga County Justice Center-should be spoliation motions before District Judge Sharpe in connection with dispositive motions or trial. Judge Baxter will not entertain a motion to compel defendants to produce documents or other evidence when they have clearly represented that they (and their employer) do not currently have possession of such documents. To address the issue of information and data from the CNYLeads system which plaintiff has requested, but which have not been produced, the defendants will promptly make available for deposition a witness who is well versed in how to retrieve data and information from that system. Plaintiff's counsel may commence the deposition by questioning the witness about what further data from CNYLeads plaintiff is requesting, whether such data is likely to exist in the system, and if so, how such data may be retrieved from the system. The deposition shall be adjourned so that the witness may then attempt to retrieve the requested data from the CNYLeads system so that it may be disclosed to plaintiff's counsel. Plaintiff may then, if counsel wishes, resume the deposition and continue to question the witness regarding the data retrieved and/or why the requested data does not exist or could not be retrieved. Defense counsel advised that she had questioned retired Sheriff's Deputy Mike LeFebvre regarding the processing of plaintiff following her "arrest" and the available documents and evidence in the CNYLeads system. She understood that Mr. LeFebvre also had extended discussions about the same issues with plaintiff's expert and fact witness, Kevin Murphy. Mr. LeFebvre, expecting to be a witness, inquired of Ms. Felter whether he needed representation. Defense counsel will consult with Mr. LeFebvre further, and, considering Dunton factors, decide whether she can represent him or whether he requires separate counsel. Ms. Felter represented that she will not attempt to dissuade Mr. LeFebvre from having further discussions with plaintiff's counsel or Mr. Murphy if Mr. LeFebvre is willing to do so. Plaintiff's counsel advised that he has been able to access and view the video footage already produced in discovery and will now respond to the request(s) for admission regarding whether the disclosed video footage from Wegmans shows the plaintiff. Defense counsel advised that she is prepared to disclose evidence regarding the "Tartan Road incident" to plaintiff's counsel pursuant to an appropriate protective stipulation/order. The court clarified that it would be reasonable and appropriate for such a stipulation/order to limit plaintiff's ability to use such evidence to use in prosecuting this action. If plaintiff wants to use such evidence in connection with other cases, he will need to request the information in discovery in any such action and seek a court order permitting it to be used in such different action. To the extent the parties have other disagreements regarding the language of the proposed protective order, they should consider the form "Patent Protective Order" on the NDNY external website as a template for reasonable and frequently-approved language for protective orders. Once the parties have completed any depositions regarding "missing" evidence, e.g., from the CNYLeads system, and possible spoliation issues, Mr. Murphy should be made available for an initial deposition, as described by the court during the June 29, 2020 and April 26, 2022 conferences. Following that initial deposition of Mr. Murphy, defendants and other fact witnesses may be deposed. As the court ruled in the prior conference, a follow-up deposition of Mr. Murphy, during the expert discovery phase, will thereafter also be permitted. Plaintiff's counsel agreed to follow up with defense counsel with respect to outstanding discovery demands, including those regarding plaintiff's ATM receipt from the day of the incident and plaintiff's notes regarding sessions with her therapist. The parties agreed to follow up based on the court's guidance and to meet and confer regarding a plan for completing fact discovery. By 5/27/2022, the parties will submit a status report with a proposed, revised schedule for completing pretrial proceedings, and advise the court whether any other areas of dispute have not been resolved after good faith negotiations. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. and Matthew Germain, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 10:00 AM - 11:42 AM.) (kmc)
April 14, 2022	TEXT NOTICE of Hearing: A telephonic Discovery Hearing is set for 4/26/2022 at 10:00 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. (kmc)
April 1, 2022	Filing 89 Letter Motion from Jeffrey Parry for Kelly Glover requesting Leave to file motion to compel discovery submitted to Judge Baxter . (Attachments: #1 Exhibit A, #2 Exhibit B)(Parry, Jeffrey)
March 23, 2022	Filing 88 Letter Motion from Jeffrey Parry for Kelly Glover requesting A one week period to file plaintif's response submitted to Judge Baxter . (Parry, Jeffrey)
March 23, 2022	TEXT NOTICE re #87 Letter Motion: Plaintiff's Response due by 4/1/2022. (kmc)
March 22, 2022	Filing 87 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting Conference to set new Scheduling Order submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Exhibit(s) A-Transcript of Telephone Conference on 6-29-20, #2 Exhibit(s) B-Sheriff's Office investigative report, #3 Exhibit(s) C-emails, #4 Exhibit(s) D-Transcript of Telephone Conference 9-16-21, #5 Exhibit(s) E-email/proposed order and stipulation, #6 Exhibit(s) F-email, #7 Exhibit(s) G-email, #8 Exhibit(s) H-Letter to Parry dated 12-17-21, #9 Exhibit(s) I-email, #10 Exhibit(s) J-email, #11 Exhibit(s) K-plaintiff's second amended expert disclosure, #12 Exhibit(s) L-emails, #13 Exhibit(s) M-email, #14 Exhibit(s) N-emails/Lusk affidavit, #15 Exhibit(s) O-email/Inmate Information System printout REDACTED, #16 Exhibit(s) P-Letter from Parry dated 2-8-22, #17 Exhibit(s) Q-emails, #18 Exhibit(s) R-Letter to Parry dated 3-18-22/Response to Plaintiff's Third Demand for Discovery, #19 Exhibit(s) S-Letter from Parry dated 3-19-22, #20 Exhibit(s) T-Letter to Parry dated 3-21-22, #21 Exhibit(s) U-Letter to Parry dated 7-6-21, #22 Exhibit(s) V-Letter to Parry dated 7-9-20, #23 Exhibit(s) W-email/Lusk affidavit, #24 Exhibit(s) X-email/Wegmans receipt, #25 Exhibit(s) Y-Letter to Parry dated 3-22-22)(Felter, Karen)
January 19, 2022	Filing 86 TRANSCRIPT of Proceedings: Telephone Conference held on 6/29/2020 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 2/9/2022. Redacted Transcript Deadline set for 2/22/2022. Release of Transcript Restriction set for 4/19/2022. Notice of Intent to Redact due by 1/24/2022 (hfc, )
January 14, 2022	Filing 85 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 06/29/2020 before Judge Hon. Andrew T. Baxter.. (Felter, Karen)
November 16, 2021	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 74 Emergency MOTION for Temporary Restraining Order by Kelly Glover. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parry, Jeffrey)
July 6, 2021	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	Filing 72 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
July 5, 2021	Filing 71 LETTER BRIEF on status of discovery by Kelly Glover. (Parry, Jeffrey)
July 2, 2021	Filing 70 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension of filing time submitted to Judge Baxter . (Parry, Jeffrey)
July 2, 2021	Filing 69 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
May 26, 2021	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	Filing 67 LETTER BRIEF on state of discovery by Kelly Glover. (Parry, Jeffrey)
May 24, 2021	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 55 Letter Motion from Jeffrey Parry for Kelly Glover requesting cancellation of conference submitted to Judge Baxter . (Parry, Jeffrey)
January 6, 2021	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	Filing 54 STATUS REPORT requesting conference by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
November 25, 2020	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	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	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	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	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	Filing 48 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)
July 21, 2020	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	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	Filing 45 Letter Motion from Jeffrey Parry for Kelly Glover requesting adjournment submitted to Judge Baxter . (Parry, Jeffrey)
July 17, 2020	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	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	Filing 27 STATUS REPORT in response to defendant's letter by Kelly Glover. (Parry, Jeffrey)
April 15, 2019	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	Filing 25 STATUS REPORT on newly received discovery by Kelly Glover. (Attachments: #1 Proposed Order/Judgment)(Parry, Jeffrey)
April 12, 2019	Filing 24 STATUS REPORT to Judge Baxter by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)
March 22, 2019	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	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	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	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	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	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	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	Filing 18 NOTICE of Appearance by Jarrod W. Smith on behalf of Kelly Glover (Smith, Jarrod)
December 20, 2018	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	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	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	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	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	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	***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	Filing 13 AMENDED COMPLAINT against All Defendants filed by Kelly Glover.(Parry, Jeffrey)
October 10, 2018	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	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	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	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	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	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	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	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	Filing 6 CIVIL CASE MANAGEMENT PLAN by Kelly Glover. (Parry, Jeffrey)
August 10, 2018	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	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	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	Filing 2 STATE COURT COMPLAINT filed by Kelly Glover. (jlb)
July 16, 2018	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)

August 25, 2023

Filing 150 TEXT ONLY ORDER---The balance of plaintiff Kelly Glover's letter motion (Dkt. No. 148), to the extent it is a motion that seeks any definitive relief from this Court, is DENIED for substantially the reasons articulated in Magistrate Judge Andrew T. Baxter's Text Order of August 25, 2023, (Dkt. No. 149). IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/25/2023. (jel, )

August 25, 2023

Filing 149 TEXT ORDER: DENYING #148 plaintiff's motion for reconsideration of 146 this court's 8/22/2023 Text Order denying #145 plaintiff's motion, to the extent it sought adjudication of a motion to compel discovery by this court. Reconsideration is appropriate only if "(1) there is an intervening change in the controlling law; (2) new evidence not previously available comes to light; or (3) it becomes necessary to remedy a clear error of law or to prevent manifest injustice." United States v. Jackson, 41 F. Supp. 3d 156, 164 (N.D.N.Y. 2014) (citing Delaney v. Selsky, 899 F. Supp. 923, 925 (N.D.N.Y. 1995)). A reconsideration motion "is not to be used 'for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a 'second bite at the apple.'" Murray v. Palmer, No. 9:03-CV-1010, 2007 WL 1237679, at *2 (N.D.N.Y. Apr. 27, 2007). Applying these standards, there is no basis for the court to reconsider my prior ruling, given that plaintiff's counsel is clearly trying to relitigate issues that I have previously addressed on numerous prior occasions. Contrary to counsel's representation in his motion for reconsideration, this court has addressed, to varying degrees, plaintiff's many applications for relief related to "missing documents" or spoliation on at least nine occasions-on 4/27/2023, 11/14/2022, 8/26/2022, 6/8/2022, 4/26/2022, 9/16/2021, 4/23/2021, 7/27/2020, and 6/29/2020. Throughout the course of pretrial discovery, the court has repeatedly ruled on these issues as I did during the 4/26/2022 discovery conference: "[A]ny motions from plaintiff regarding 'missing' documents or video footage which the defendants have clearly confirmed they do not currently possess--including the arrest report regarding plaintiff, any 'missing' statements of plaintiff to the police, the sworn statement of Matthew Parisi of Wegmans, and any additional video footage from Wegmans or the Onondaga County Justice Center--should be spoliation motions before District Judge Sharpe in connection with dispositive motions or trial. Judge Baxter will not entertain a motion to compel defendants to produce documents or other evidence when they have clearly represented that they (and their employer) do not currently have possession of such documents." (4/26/2022 Text Minute Entry). During the 4/27/2023 conference, I did note that plaintiff had the option of seeking relief under Fed. R. Civ. P. 56(d) in responding to a defense summary judgment motion before the assigned District Judge; however, that in no way suggested that a further motion to compel before the assigned Magistrate Judge, much less an untimely motion, would be appropriate, given my prior rulings. My prior rulings also strongly indicated that it would be futile to seek, under Rule 56(d), additional time to pursue discovery that defendants had repeatedly stated was not available, as opposed to requests for other relief, such spoliation sanctions. To the extent plaintiff's motion for reconsideration is addressed to 147 Judge Sharpe's 8/23/2023 Text Order, I, of course, defer to Judge Sharpe to address that aspect of plaintiff's motion. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 8/25/2023. (kmc)

August 24, 2023

Filing 148 Letter Motion from Jeffrey Parry for Kelly Glover requesting reconsideration of text order submitted to Judge Sharpe and Judge Baxter. (Parry, Jeffrey)

August 22, 2023

Filing 147 Text Only Order - On June 23, 2023, defendants moved for summary judgment. (Dkt. No. 141.) Plaintiff Kelly Glover, through her counsel Jeffrey Parry, sought a three-week extension of time to, among other things, respond to that motion. (Dkt. No. 143.) Counsel "assure[d the court] that plaintiff's response... c[ould] be completed in this period and timely filed." (Id. at 2.) Instead of responding as promised, Parry moved for various relief, which motion has been partially denied by Magistrate Judge Andrew T. Baxter. (Dkt. No. 146.) Unfortunately, Parry and his antics are all too familiar to the court. See Murphy v. Onondaga, No. 5:18-cv-1218. This court whole-heartedly concurs with Magistrate Judge Baxter's observation that the motion filed yesterday by Parry does not "appropriately comply with [Magistrate Judge Baxter]'s guidance that [Parry] file a response to the defense summary judgment motion and a cross-motion for spoliation sanctions. (Dkt. No. 146.) The balance of Glover's motion left unaddressed by Magistrate Judge Baxter, (Dkt. No. 145), is DENIED. The court does not consider yesterday's motion as a response to the summary judgment motion, nor does it consider it a cross motion for sanctions due to the spoliation of evidence. Moreover, the court is not inclined to afford Glover additional time to file a response or cross motion due to counsel's willful failure to do so despite the myriad discussions with Magistrate Judge Baxter and Parry's assurance to this court that he would do so if afforded additional time. Accordingly, defendants' motion for summary judgement is deemed unopposed and will be addressed in due course. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/22/2023. (jel, )

August 22, 2023

Filing 146 TEXT ORDER re: #145 plaintiff's cross-motion to compel discovery, for additional time within which to respond, and for remedial action based upon defendants' spoliation of evidence. This motion was referred to this court presumably because it was styled, at least in part, as a discovery motion. However, I have overseen pretrial discovery in this matter since 8/20/2018. (See Dkt. No. #7 ). After numerous extensions, the final discovery cutoff in this action was set at 4/14/2023, at which time "[t]he court warned the parties that, because of the extensive delays in discovery to date, no further extensions of these deadlines would be granted." (See 12/21/2022 Text Minute Entry). Under N.D.N.Y. Local Rules 16.2 and 37.1 (h), any motions to compel discovery must be filed no later than fourteen days after the discovery cutoff. To the extent plaintiff's motion constitutes a motion to compel discovery, it was filed almost four months after the applicable deadline (4/28/2023) and will be DENIED by this court without requiring a response from defense counsel. This court has, on innumerable occasions, addressed plaintiff's motions and complaints that the defendants must have had possession of various documents, including an arrest report relating to plaintiff, and the court has repeatedly directed the defendants to produce any such records that still exist. The court provided plaintiff's counsel with extensive opportunities to conduct discovery regarding spoliation and to explore other means of seeking the "missing" documents. After numerous representations from defense counsel that, after repeated investigation and searches, all existing documents had been produced, the court made clear to plaintiff that I could not compel defendants to produce documents that they claim no longer exist. Plaintiff's counsel was repeatedly advised that his remaining recourse was to pursue a motion for spoliation sanctions and/or seek relief under Fed. R. Civ. P. 56(d) before Judge Sharpe in the context of dispositive motion practice. (See, e.g., Tr. of 4/27/2023 Telephone Conference at 6-7, 9-11, Dkt. No. #137 ). Plaintiff's submission does not, in this court's view, appropriately comply with this court's guidance that he file a response to the defense summary judgment motion and a cross-motion for spoliation sanctions "argu[ing] that... there should be inferences drawn in your favor in connection with the summary judgment motion based on spoliation. (Id. at 9). Instead, plaintiff's counsel doggedly continues to argue that the court should compel defendants to produce documents that defendants have continued to represent no longer exist. This court will defer to Senior District Judge Sharpe as to whether plaintiff's submission should be accepted as his response to the summary judgment motion and cross-motion for spoliation, which Judge Sharpe will address as submitted, or whether plaintiff should be afforded additional time to file responsive papers. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 8/22/2023. (kmc)

August 21, 2023

Filing 145 First MOTION for Extension of Time to Complete Discovery and Compel production of evidence filed by Kelly Glover. Response to Motion due by 9/11/2023 (Attachments: #1 Exhibit(s) complaint, #2 Exhibit(s) answer, #3 Exhibit(s) transcript dkt 137, #4 Exhibit(s) sample daily activity log, #5 Exhibit(s) dkt 120 letter, #6 Exhibit(s) docket, #7 Exhibit(s) MacDonald email, #8 Exhibit(s) transcript Kelly Glover, #9 Exhibit(s) expert report, #10 Exhibit(s) Albanese Interrogatories, #11 Exhibit(s) records retention law, #12 Exhibit(s) email on records retention, #13 Exhibit(s) waiver of claim form, #14 Exhibit(s) MacDonald Interrogatories, #15 Exhibit(s) Transcript Kevin Murphy, #16 Exhibit(s) arrest report sample, #17 Exhibit(s) CNY Leads form, #18 Exhibit(s) discovery demand, #19 Exhibit(s) discovery answer, #20 Exhibit(s) additional discovery demand, #21 Exhibit(s) ans to additional discovery demand, #22 Memorandum of Law) Motions referred to Andrew T. Baxter. (Parry, Jeffrey)

July 24, 2023

Filing 144 Text Only Order - Plaintiff's request for a three-week extension until August 21, 2023 to file plaintiff's response papers, (Dkt. No. 143), is GRANTED. Defendant's reply papers shall be filed on or before September 22, 2023, and reply to spoliation cross motion due by October 9, 2023. Parties are forewarned that no further extensions will be permitted, absent extraordinary circumstances. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/24/2023. (jel, )

July 18, 2023

Filing 143 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension of time in which to file submitted to Judge Sharpe . (Parry, Jeffrey)

July 3, 2023

Filing 142 DVD- The Albany Clerk's office received DVD's containing digital media- Exhibit E (Video obtained from Wegmans) and Exhibit F (Booking Video) in support of the #141 Motion for Summary Judgment. Not available for public viewing. (mgh)

June 28, 2023

CLERK'S CORRECTION OF DOCKET ENTRY re #141 Motion for Summary Judgment. Redacted the personal identifiers contained in Exhibit B pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2 (khr)

June 23, 2023

Filing 141 MOTION for Summary Judgment filed by Dominick Albanese, Mitchell J. Katz, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. Motion returnable before Judge Sharpe. Response to Motion due by 7/14/2023. Reply to Response to Motion due by 7/21/2023 (Attachments: #1 Declaration Karen G. Felter, Esq., #2 Exhibit(s) A - Amended Complaint, #3 Exhibit(s) B - Police Report, #4 Exhibit(s) C - Release and Waiver, #5 Exhibit(s) D - Seeber Letter, #6 Exhibit(s) E - Video from Wegmans, #7 Exhibit(s) F - Booking Video, #8 Exhibit(s) G - EBT Transcript, Kelly Glover, #9 Exhibit(s) H - EBT Transcript, Benjamin Amrod, #10 Exhibit(s) I - EBT Transcript, Anthony Johnston, #11 Exhibit(s) J - Emails between MacDonald and DA's Office, #12 Exhibit(s) K - Parisi Statement, #13 Exhibit(s) L - Training Records - MacDonald and Albanese, #14 Exhibit(s) M - OCSO Field Training Manual, #15 Exhibit(s) N - OCSO Duty Manual, #16 Exhibit(s) O - OCSO Custody Strip Search Policy, #17 Exhibit(s) P - Defendants' Expert Report/CV - David Barrette, #18 Exhibit(s) Q - Defendants' Expert Rebuttal Report - David Barrette, #19 Exhibit(s) R - Plaintiff's Expert Disclosure - Kevin Murphy, #20 Exhibit(s) S - Plaintiff's Amende Expert Disclosure - Kevin Murphy, #21 Exhibit(s) T - Plaintiff's Expert Disclosure - Jamie Olden, #22 Exhibit(s) U - INMATE printout form, #23 Exhibit(s) V - EBT Transcript, Mike LeFebvre, #24 Exhibit(s) W - Exhibits, LeFebvre EBT, #25 Exhibit(s) 1 - Kevin Murphy Report on Probable Cause, #26 Exhibit(s) 2- Kevin Murphy Report on DR # 16-506731, #27 Exhibit(s) 3 - EBT Transcript, Kevin Murphy (2/24/23), #28 Exhibit(s) 4 - Exhibits, Murphy I EBT (2/24/23), #29 Exhibit(s) 5 - EBT Transcript, Kevin Murphy (4/14/23), #30 Exhibit(s) 6 - Exhibits, Murphy II EBT (4/14/23), #31 Affidavit Dominick Albanese, #32 Affidavit Sharon MacDonald, #33 Affidavit Matthew Parisi, #34 Declaration Angelo Caruso, #35 Declaration Joseph Ciciarelli, #36 Declaration Matthew Fischer, #37 Declaration Timothy Woods, #38 Declaration David Barrette, #39 Statement of Material Facts, #40 Memorandum of Law) (Felter, Karen) (Attachment 3 replaced on 6/28/2023) (khr, ).

June 15, 2023

Filing 140 TEXT ORDER: Granting #139 Letter Request for an extension of time. Dispositive Motions are to be filed by 6/23/2023. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 6/15/2023. (kmc)

June 14, 2023

Filing 139 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting extension of deadline to file motion for summary judgment submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)

May 31, 2023

Filing 138 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)

May 18, 2023

Filing 137 TRANSCRIPT of Proceedings: Telephone Conference held on 4/27/2023 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 6/8/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/16/2023. Notice of Intent to Redact due by 5/23/2023 (hfc, )

May 2, 2023

Filing 136 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 04/27/2023 before Judge Hon. Andrew T. Baxter.. (Felter, Karen)

April 27, 2023

TEXT Minute Entry for a stenographically-recorded telephone Status Conference held on 4/27/2023 before U.S. Magistrate Judge Andrew T. Baxter re #134 plaintiff's letter motion and #135 defendant's letter motion. The court hears from both sides and, for the reasons stated on the record, sets a briefing schedule for dispositive motions and plaintiff's anticipated spoilation motion. Any dispositive motions are to be filed by 6/16/2023, response(s) to dispositive motion(s) and any cross motion regarding alleged spoliation due by 7/31/2023, any reply to dispositive motion(s) due by 9/1/2023, and reply to spoliation cross motion due by 9/18/2023. The court raised the issue of potential settlement negotiations. Plaintiff's counsel agreed to submit a settlement demand letter to defense counsel and the parties will advise the court if they think it would be productive to pursue mediation or a settlement conference. Appearances: Jeffrey Parry, Esq. and Jarrod W. Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 10:30 AM - 10:58 AM.)(kmc)

April 19, 2023

TEXT NOTICE of Hearing: A telephonic conference is set for 4/27/2023 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 111 523 605 to connect to the conference. (kmc)

April 17, 2023

Filing 135 Letter Motion from Jeffrey Parry for Kelly Glover requesting a hearing on spoliation submitted to Judge Baxter . (Parry, Jeffrey)

April 17, 2023

Filing 134 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting Court to stagger motion deadlines submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)

February 23, 2023

Filing 133 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 04/26/2022 before Judge Hon. Andrew T. Baxter.. (Felter, Karen)

January 27, 2023

Filing 132 TEXT ORDER re: #130 #131 the parties' letter briefs. The court sees no reason to intervene at this time based on the correspondence from the parties. SO ORDERED by US Magistrate Judge Andrew T. Baxter on January 27, 2023. (rep)

January 26, 2023

Filing 131 LETTER BRIEF in response to plaintiff's letter brief dated 1/25/23 by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)

January 25, 2023

Filing 130 LETTER BRIEF by Kelly Glover. (Attachments: #1 A addendum to the Court's Order)(Parry, Jeffrey)

December 21, 2022

TEXT MINUTE ENTRY re: Electronically-recorded telephone conference conducted before U.S. Magistrate Judge Andrew T. Baxter on 12/21/2022 re: discovery issues raised in #125 #128 & #129 the parties letter briefs. For reasons stated on the record during the conference, the court will not permit any further discovery in this action relating to the 2021 Tartan Road incident, or the subsequent circumstances of defendant Albaneses discipline by and resignation from the Onondaga County Sheriffs Department, other than that specifically identified during the 12/21/2022 conference and during the prior, 9/16/2021 Discovery conference. (See Tr. at 35-37, 40-41, Dkt. No. 80). The court rules that #102 the Confidentiality Order applies to any evidence relating to the Tartan Road incident obtained by the parties in this action, including the materials obtained from the Cicero Police Department, and that evidence shall be disclosed and used only and exclusively for the purposes of this litigation. However, the court orally modified #102 the Confidentiality Order in this case to allow counsel to disclose, to the eye witnesses to defendant Albaneses conduct during the Tartan Road incident, the available video evidence from the Cicero Police Department, in order to develop their possible testimony, subject to the requirement that each witness agree to abide by the terms of the Confidentiality Order, by executing Appendix I to that Order (modified to clarify their status as a fact witness). The statements of defendant Albanese relating to the Tartan Road incident may only be shown to the law enforcement officers of the Cicero Police Department who responded to the Tartan Road incident, again subject to the terms of the modified Confidentiality Order. The court set final deadlines for the completion of pretrial proceedings in this case as follows: fact discovery and the first deposition of expert Kevin Murphy shall be completed by 2/28/2023; the supplemental expert disclosure of Kevin Murphy and any other expert disclosures shall be served by 3/13/2023; any rebuttal expert disclosures shall be served by 3/31/2023; all discovery shall be completed by 4/14/2023; any dispositive motion or motion for spoliation sanctions shall be filed by 5/15/2023. The court warned the parties that, because of the extensive delays in discovery to date, no further extensions of these deadlines would be granted. Appearances: Jeffrey Parry, Esq., for Plaintiff; Karen Felter, Esq., for Defendants; Court Reporter: FTR Recorded. [1:30PM-2:20PM] (map)

December 19, 2022

Filing 129 LETTER BRIEF in response by Kelly Glover. (Parry, Jeffrey)

December 13, 2022

NOTICE of Hearing: Telephonic Status Conference set for 12/21/2022 01:30 PM before US Magistrate Judge Andrew T. Baxter. The parties are directed to dial +1 315-691-0477, and enter ID code 355 020 509 to join conference. (gmd)

December 12, 2022

Filing 128 LETTER BRIEF by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) 1-Emails re Glover & missing documents & exception to Confidentiality Order, #2 Exhibit(s) 2-Documents Parry subpoenaed from Cicero Police Department re Tartan Road, #3 Exhibit(s) 3-Subject management report (Albanese) - page 2 -not signed by Captain/Assistant Chief)(Felter, Karen)

November 29, 2022

Filing 127 TEXT ORDER granting Dkt. #126 Letter Request requesting time to respond to plaintiff's counsel's request for exception to confidential: Response to Dkt. #125 Letter Brief due by 12/12/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/29/2022. (gmd)

November 29, 2022

Filing 126 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting time to respond to plaintiff's counsel's request for exception to confidentiality order submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)

November 28, 2022

Filing 125 Letter Motion from Jeffrey Parry for Kelly Glover requesting exception to the Confidentiality Order submitted to Judge Baxter . (Parry, Jeffrey)

November 21, 2022

Filing 124 TEXT ORDER DENYING Dkt. #38 defendants Motion for Reconsideration/Denial of Request for So-Ordered Subpoena. Given the extensive delays in discovery in this action, the court so-ordered this and other subpoenas to avoid further delays in compliance by non-party law enforcement agencies, which frequently afford limited priority to attorney-issued subpoenas. While the defendants are precluded from moving to quash the subpoena, the targets of the subpoena may move to quash if production would be unduly burdensome or raises some other legitimate objection. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/21/2022. (gmd)

November 18, 2022

Filing 123 Letter Motion from Karen G. Felter, counsel for Defendants for Onondaga County Sheriff's Department requesting Reconsideration/Denial of Request to "So Order' Subpoena submitted to Judge Andrew T. Baxter . (Felter, Karen)

November 18, 2022

Filing 122 TEXT ORDER granting Dkt. #121 Letter Request for issuance of a subpoena. So Ordered by U.S. Magistrate Judge Baxter 11/18/2022. (gmd)

November 17, 2022

Filing 121 Letter Motion from Jeffrey Parry for Kelly Glover requesting That subpoena be so ordered submitted to Judge Baxter . (Attachments: #1 Exhibit(s) Proposed Subpoena)(Parry, Jeffrey)

November 14, 2022

Filing 120 LETTER BRIEF and exhibit by Kelly Glover. (Attachments: #1 Exhibit(s) A)(Parry, Jeffrey)

November 14, 2022

TEXT Minute Entry for a stenographically-recorded telephone Status Conference held on 11/14/2022 before U.S. Magistrate Judge Andrew T. Baxter: The parties state their respective positions with respect to the discovery and other issues raised in #120 plaintiff's letter brief. The court again states that plaintiff must ultimately address spoliation issues to Senior District Judge Sharpe and that the parties should proceed with fact discovery, including discovery relating to spoliation, pursuant to the courts prior guidance (see 10/6/2022 Text Minute Entry). Plaintiffs counsel shall promptly consult with his expert, whose health issues appear to be currently under control, so that his initial deposition may be scheduled and plaintiff can specify what additional evidence they are seeking from the CNYLEADS and CHAIRS systems. The parties should then discuss scheduling the follow-up deposition of Mr. Lefebvre regarding the CNYLEADS and CHAIRS systems and related procedures, as well depositions of possible remaining fact and spoliation witnesses, including Mr. Jones (who plaintiff may subpoena if counsel prefers to do so), Ms. Smith, Ms. Olden, ADA Johnston, and Sgt. MacDonald. In light of the impending holidays and a trial conflict of defense counsel in December, the court schedules the next telephonic Status Conference on 1/5/2023 1:30 p.m., by which time the court expects the parties to be in a position to propose a reasonably firm schedule for completing discovery. Appearances: Jeffrey Parry, Esq. and Jarrod W. Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. Court Reporter Hannah Cavanaugh. Time: 1:32 PM - 2:16 PM. (gmd)

October 6, 2022

Filing 119 TEXT ORDER: As reflected in the accompanying TEXT Minute Entry, defendants' expert disclosure deadline is STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/6/2022.(kmc)

October 6, 2022

Filing 118 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)

October 6, 2022

TEXT Minute Entry for a stenographically-recorded telephone conference held on 10/6/2022 before U.S. Magistrate Judge Andrew T. Baxter: Both parties raised issues regarding discovery, which has been largely staffed since the last status conference. Because of serious and prolonged health issues, plaintiff's expert has not been available for his first deposition and plaintiff's counsel has not been able to finalize the list of additional data sought from the relevant law enforcement computer systems (including CNYLEADS and CHAIRS). Plaintiff's expert currently has some availability in October, which should facilitate completing his first deposition in this case and the completion of plaintiff's list of data sought from the law enforcement computer systems. The parties should also be able to reschedule and complete the deposition of an Assistant District Attorney who communicated with defendant Albanese about plaintiff on the day of the subject incident. After those steps are completed, the parties should be able to begin to schedule follow-up depositions of plaintiff's expert and defense consultant Michael Lefebvre; possible depositions of a police officer who allegedly participated in discussions about destroying records related to plaintiff's arrests, and other potential witnesses identified by plaintiff; and depositions of the two named individual defendants. After fact discovery is completed, plaintiff's counsel may seek to schedule a deposition of his expert to preserve his testimony for possible use at trial. A follow-up telephonic status conference is set for 11/14/2022 at 1:30 PM, during which deadlines will be reset, as necessary. The court has stayed defendants' expert disclosure deadline pending the conference, as reflected in the accompanying text order. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Jodi Hibbard. Time: 1:30 PM - 2:05 PM.) (kmc)

October 6, 2022

TEXT NOTICE of Hearing: A telephonic Status Conference is set for 11/14/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 321 946 487 to connect to the conference.(kmc)

September 23, 2022

Filing 117 JUDICIAL SUBPOENA: Directing New York State Department of Education to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2022. (kmc)

September 23, 2022

Filing 116 JUDICIAL SUBPOENA: Directing Onondaga County District Attorney's Office to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2022. (kmc)

September 23, 2022

Filing 115 JUDICIAL SUBPOENA: Directing New York State Department of Criminal Justice Services to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2022. (kmc)

September 22, 2022

Filing 114 Letter Motion from Jeffrey Parry for Kelly Glover requesting subpoena be so-ordered submitted to Judge Baxter . (Attachments: #1 Corrected/Redacted Document(s) proposed subpoena, #2 Corrected/Redacted Document(s) proposed subpoena, #3 Corrected/Redacted Document(s) proposed subpoena)(Parry, Jeffrey)

September 15, 2022

Filing 113 TEXT ORDER re #112 Letter Motion: Plaintiff's counsel is directed to refile the judicial subpoenas that need to be reissued. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/15/2022. (kmc)

September 12, 2022

Filing 112 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension to serve submitted to Judge Baxter . (Parry, Jeffrey)

August 29, 2022

TEXT NOTICE of Hearing: A telephonic Status Conference is set for 10/6/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 570 539 063 to connect to the conference. (kmc)

August 26, 2022

TEXT Minute Entry for a stenographically-recorded telephone conference held on 8/26/2022 before U.S. Magistrate Judge Andrew T. Baxter re: #103 plaintiff's letter motion seeking leave to issue subpoenas, #104 defendants' letter motion requesting that a schedule to be set for completion of fact discovery and the initial deposition of Kevin Murphy, #106 plaintiff's letter brief, #107 defendants' letter brief including a number of exhibits, and #108 plaintiff's response to #107 defendants' letter. Defense counsel advised that she does not object to the issuance of plaintiff's requested subpoenas. The court will so order and issue the subpoenas for New York State Division of Criminal Justice Services, New York State Department of Education, and Onondaga County District Attorney's Office, as reflected in the accompanying docket entries. The court discussed plaintiff's professed intention, after the initial deposition of Michael LeFebvre, to pursue a motion for sanctions based on the defendants' alleged failure to produce records and data from various law enforcement computer systems (including CNYLEADS and CHAIRS). The court noted that the purpose of deposing Michael LeFebvre was for Mr. Parry to talk directly with an individual who was familiar with the various computer system to ensure that all available, relevant data and information will be identified and disclosed. Pursuant to the court's prior instructions, Mr. Parry should make a direct request to defense counsel, informed by the first deposition of Mr. LeFebvre, listing the further information available in those systems that plaintiff is seeking. When the additional information is provided to plaintiff's counsel, the follow-up deposition of Mr. LeFebvre can be conducted. The court suggested an appropriate sequence for continuing with fact and expert discovery, including a prompt initial deposition of Mr. Murphy. The parties are directed to meet and confer regarding discovery that needs to be completed and a reasonable schedule in which to accomplish that. A follow-up telephone conference is set for 10/6/2022 at 1:30 PM, during which deadlines will be reset, as necessary. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 11:30 AM - 12:16 PM.)(kmc)

August 26, 2022

Filing 111 JUDICIAL SUBPOENA: Directing Onondaga County District Attorney's Office to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc)

August 26, 2022

Filing 110 JUDICIAL SUBPOENA: Directing New York State Department of Criminal Justice Services to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc)

August 26, 2022

Filing 109 JUDICIAL SUBPOENA: Directing New York State Department of Education to produce the documents, electronically stored information or objects, and to permit inspection, copying, testing or sampling of the material noted herein. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/26/2022. (kmc)

August 26, 2022

Filing 108 NOTICE by Kelly Glover (Parry, Jeffrey)

August 25, 2022

Filing 107 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting providing documents in advance of Court conference submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Deposition Transcript - Michael LeFebvre, #2 LeFebvre EBT Exhibit 1, #3 LeFebvre EBT Exhibit 2, #4 LeFebvre EBT Exhibit 3, #5 LeFebvre EBT Exhibit 4, #6 LeFebvre EBT Exhibit 5, #7 LeFebvre EBT Exhibit 6, #8 LeFebvre EBT Exhibit 7, #9 LeFebvre EBT Exhibit 8)(Felter, Karen)

August 25, 2022

Filing 106 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)

August 23, 2022

Filing 105 TEXT ORDER: Ms. Yagan's request to connect to the telephone conference in 5:18-cv-00837-(GLS-ATB), Glover v. Onondaga County Sheriff's Department et al. is DENIED. Her e-mail request suggests that she has had frequent technical difficulty communicating with the court or participating in court conferences from her telephone, and that creates a significant risk that her attempted participation will disrupt the conference. Moreover, the court understands that Ms. Yagan has published recordings of prior telephone communications with police and court personnel on her YouTube channel, and recording of Northern District of New York judicial proceedings is prohibited without prior court consent. The primary purpose of the proceeding on August 26, 2022 is to discuss scheduling issues in the case, so the public interest in the proceeding should be minimal. Ms. Yagan will have the opportunity to review the subsequent docket entries for the proceeding on PACER and/or order a transcript if she wishes. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/23/2022. (kmc)

August 19, 2022

TEXT NOTICE of Hearing: A telephonic conference is set for 8/26/2022 at 11:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 543 968 494 to connect to the conference. (kmc)

August 17, 2022

Filing 104 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting a conference re Murphy deposition and resetting deadlines for discovery submitted to Judge Hon. Andrew T. Baxter . (Felter, Karen)

August 16, 2022

Filing 103 Letter Motion from Jeffrey Parry for Kelly Glover requesting "so-ordered" subpoenas submitted to Judge Baxter . (Attachments: #1 Exhibit(s) proposed subpoena, #2 Exhibit(s) proposed subpoena, #3 Exhibit(s) proposed subpoena)(Parry, Jeffrey)

July 18, 2022

Filing 102 CONFIDENTIALITY ORDER re: #100 #101 the parties' competing drafts of a Confidentiality Order. Having considered the positions of both sides, who agree that a confidentiality order should be entered, but have been unable to agree to terms after protracted discussion, the court enters the attached CONFIDENTIALITY ORDER. Any unresolved issues regarding whether particular documents or other items are properly designated as "Confidential" should be addressed pursuant to the Order. Signed by U.S. Magistrate Judge Andrew T. Baxter on 7/18/2022. (kmc)

July 15, 2022

Filing 101 Letter Motion from Jeffrey Parry for Kelly Glover requesting Courts drafting of a protective order submitted to Judge Baxter . (Parry, Jeffrey)

July 14, 2022

Filing 100 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-proposed protective order, #2 Exhibit(s) B-email exchange)(Felter, Karen)

June 22, 2022

Filing 99 ORDER: Granting #98 Letter Motion that the county produce former OCSO Deputy Mike LeFebvre for a deposition and that he be given temporary access to CNYLEADS/CHAIRS for his deposition. Signed by U.S. Magistrate Judge Andrew T. Baxter on 6/22/2022. (kmc)

June 21, 2022

Filing 98 Letter Motion from Karen G. Felter, counsel for Defendants for Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting that the Court "So Order" a letter explaining its directive that the County is to produce former OCSO Deputy Mike LeFebvre for a deposition and that he be given temporary access to CNYLEADS/CHAIRS to facilitate his deposition submitted to Judge Andrew T. Baxter . (Felter, Karen)

June 21, 2022

Filing 97 TRANSCRIPT of Proceedings: FTR Telephone Conference held on 6/8/2022 before Judge Andrew T. Baxter, Court Reporter/Transcriber: 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/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. Notice of Intent to Redact due by 6/27/2022 (hfc, )

June 21, 2022

Filing 96 TRANSCRIPT REQUEST expedited by Kelly Glover for proceedings held on 06/08/2022 before Judge Baxter.. (Parry, Jeffrey)

June 8, 2022

Filing 95 TEXT ORDER: By 7/15/2022, the parties are to submit competing proposed protective orders if they have not come to a consensus on a stipulated protective order. Fact discovery cut off is 9/2/2022. Defendants' expert disclosures due by 11/4/2022; and any rebuttal expert disclosures are due by 12/2/2022. Expert discovery cut off is 1/6/2023. Dispositive motions are to be filed by 3/3/2023. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/8/2022.(kmc)

June 8, 2022

TEXT MINUTE ENTRY re: a recorded telephone conference on 6/8/2022 to address discovery and other issues raised in #91 #92 #93 and #94 the parties' letter briefs. The parties should rely on a transcript of this telephone conference as documentation of the details of the court's rulings, guidance, and the supporting reasons. Plaintiff's counsel advised that DCJS has informally acknowledged that, based on its ongoing investigation, it has made findings favorable to plaintiff's expert and fact witness, Kevin Murphy, which should permit plaintiff to continue to rely upon him as her expert witness. As a result, both sides are now prepared to go forward with depositions of Michael LeFebvre and several other witnesses regarding the plaintiff's spoliation claims, as well as an initial deposition of Mr. Murphy previously ordered by the court. The parties both agree that Mr. LeFebvre's deposition needs to be expedited before he loses access, at the end of June, to the CNYLEADS/CHAIRS system, which will be necessary for him to address plaintiff's anticipated requests for information. The parties are directed to schedule the depositions of the spoliation witnesses and then the initial deposition of Mr. Murphy. The court provided guidance to plaintiff's counsel with respect to how to address the defense requests for admission, given that his client is not sure whether she is depicted in certain relevant video footage. Defense counsel can follow up on that issue during a deposition of plaintiff. Plaintiff's counsel advised he has not resolved his issues regarding a proposed protective stipulation/order relating to the "Tartan Road incident." If the parties cannot reach an agreement with respect to the language of such a stipulation/order by 7/15/2022, they are to submit competing proposed protective orders, and the court will so-order the version that he finds most reasonable overall. Deadlines have been reset, as reflected in the accompanying text order. Appearances: Jeffrey Parry, Esq. for plaintiff; Karen Felter, Esq. and Matthew Germain, Esq. for defendants. (FTR Recorded) (kmc)

May 27, 2022

Filing 94 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)

May 27, 2022

TEXT NOTICE of Hearing: A telephonic conference is set for 6/8/2022 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.(kmc)

May 20, 2022

Filing 93 STATUS REPORT (update) by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)

May 19, 2022

Filing 92 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) A-emails)(Felter, Karen)

May 3, 2022

Filing 91 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)

April 26, 2022

Filing 90 TEXT ORDER: The parties are directed to submit status reports by 5/27/2022 with a proposed, revised schedule for completing pretrial proceedings, and advise the court whether any other areas of dispute have not been resolved after good faith negotiations. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/26/2022. (kmc)

April 26, 2022

TEXT MINUTE ENTRY: On 4/26/2022, the court conducted a stenographically-recorded telephone conference to address discovery and other issues raised in #87 #89 the parties' letter briefs. After questioning the parties extensively, and allowing them to make supplemental arguments, the court made the following rulings and provided the following guidance, for the reasons stated on the record during the conference. The court confirmed his ruling in prior conferences, that any motions from plaintiff regarding "missing" documents or video footage which the defendants have clearly confirmed they do not currently possess-including the arrest report regarding plaintiff, any "missing" statements of plaintiff to the police, the sworn statement of Matthew Parisi of Wegmans, and any additional video footage from Wegmans or the Onondaga County Justice Center-should be spoliation motions before District Judge Sharpe in connection with dispositive motions or trial. Judge Baxter will not entertain a motion to compel defendants to produce documents or other evidence when they have clearly represented that they (and their employer) do not currently have possession of such documents. To address the issue of information and data from the CNYLeads system which plaintiff has requested, but which have not been produced, the defendants will promptly make available for deposition a witness who is well versed in how to retrieve data and information from that system. Plaintiff's counsel may commence the deposition by questioning the witness about what further data from CNYLeads plaintiff is requesting, whether such data is likely to exist in the system, and if so, how such data may be retrieved from the system. The deposition shall be adjourned so that the witness may then attempt to retrieve the requested data from the CNYLeads system so that it may be disclosed to plaintiff's counsel. Plaintiff may then, if counsel wishes, resume the deposition and continue to question the witness regarding the data retrieved and/or why the requested data does not exist or could not be retrieved. Defense counsel advised that she had questioned retired Sheriff's Deputy Mike LeFebvre regarding the processing of plaintiff following her "arrest" and the available documents and evidence in the CNYLeads system. She understood that Mr. LeFebvre also had extended discussions about the same issues with plaintiff's expert and fact witness, Kevin Murphy. Mr. LeFebvre, expecting to be a witness, inquired of Ms. Felter whether he needed representation. Defense counsel will consult with Mr. LeFebvre further, and, considering Dunton factors, decide whether she can represent him or whether he requires separate counsel. Ms. Felter represented that she will not attempt to dissuade Mr. LeFebvre from having further discussions with plaintiff's counsel or Mr. Murphy if Mr. LeFebvre is willing to do so. Plaintiff's counsel advised that he has been able to access and view the video footage already produced in discovery and will now respond to the request(s) for admission regarding whether the disclosed video footage from Wegmans shows the plaintiff. Defense counsel advised that she is prepared to disclose evidence regarding the "Tartan Road incident" to plaintiff's counsel pursuant to an appropriate protective stipulation/order. The court clarified that it would be reasonable and appropriate for such a stipulation/order to limit plaintiff's ability to use such evidence to use in prosecuting this action. If plaintiff wants to use such evidence in connection with other cases, he will need to request the information in discovery in any such action and seek a court order permitting it to be used in such different action. To the extent the parties have other disagreements regarding the language of the proposed protective order, they should consider the form "Patent Protective Order" on the NDNY external website as a template for reasonable and frequently-approved language for protective orders. Once the parties have completed any depositions regarding "missing" evidence, e.g., from the CNYLeads system, and possible spoliation issues, Mr. Murphy should be made available for an initial deposition, as described by the court during the June 29, 2020 and April 26, 2022 conferences. Following that initial deposition of Mr. Murphy, defendants and other fact witnesses may be deposed. As the court ruled in the prior conference, a follow-up deposition of Mr. Murphy, during the expert discovery phase, will thereafter also be permitted. Plaintiff's counsel agreed to follow up with defense counsel with respect to outstanding discovery demands, including those regarding plaintiff's ATM receipt from the day of the incident and plaintiff's notes regarding sessions with her therapist. The parties agreed to follow up based on the court's guidance and to meet and confer regarding a plan for completing fact discovery. By 5/27/2022, the parties will submit a status report with a proposed, revised schedule for completing pretrial proceedings, and advise the court whether any other areas of dispute have not been resolved after good faith negotiations. Appearances: Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; Karen Felter, Esq. and Matthew Germain, Esq. for defendants. (Court Reporter: Hannah Cavanaugh. Time: 10:00 AM - 11:42 AM.) (kmc)

April 14, 2022

TEXT NOTICE of Hearing: A telephonic Discovery Hearing is set for 4/26/2022 at 10:00 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. (kmc)

April 1, 2022

Filing 89 Letter Motion from Jeffrey Parry for Kelly Glover requesting Leave to file motion to compel discovery submitted to Judge Baxter . (Attachments: #1 Exhibit A, #2 Exhibit B)(Parry, Jeffrey)

March 23, 2022

Filing 88 Letter Motion from Jeffrey Parry for Kelly Glover requesting A one week period to file plaintif's response submitted to Judge Baxter . (Parry, Jeffrey)

March 23, 2022

TEXT NOTICE re #87 Letter Motion: Plaintiff's Response due by 4/1/2022. (kmc)

March 22, 2022

Filing 87 Letter Motion from Karen G. Felter, Esq. for Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department requesting Conference to set new Scheduling Order submitted to Judge Hon. Andrew T. Baxter . (Attachments: #1 Exhibit(s) A-Transcript of Telephone Conference on 6-29-20, #2 Exhibit(s) B-Sheriff's Office investigative report, #3 Exhibit(s) C-emails, #4 Exhibit(s) D-Transcript of Telephone Conference 9-16-21, #5 Exhibit(s) E-email/proposed order and stipulation, #6 Exhibit(s) F-email, #7 Exhibit(s) G-email, #8 Exhibit(s) H-Letter to Parry dated 12-17-21, #9 Exhibit(s) I-email, #10 Exhibit(s) J-email, #11 Exhibit(s) K-plaintiff's second amended expert disclosure, #12 Exhibit(s) L-emails, #13 Exhibit(s) M-email, #14 Exhibit(s) N-emails/Lusk affidavit, #15 Exhibit(s) O-email/Inmate Information System printout REDACTED, #16 Exhibit(s) P-Letter from Parry dated 2-8-22, #17 Exhibit(s) Q-emails, #18 Exhibit(s) R-Letter to Parry dated 3-18-22/Response to Plaintiff's Third Demand for Discovery, #19 Exhibit(s) S-Letter from Parry dated 3-19-22, #20 Exhibit(s) T-Letter to Parry dated 3-21-22, #21 Exhibit(s) U-Letter to Parry dated 7-6-21, #22 Exhibit(s) V-Letter to Parry dated 7-9-20, #23 Exhibit(s) W-email/Lusk affidavit, #24 Exhibit(s) X-email/Wegmans receipt, #25 Exhibit(s) Y-Letter to Parry dated 3-22-22)(Felter, Karen)

January 19, 2022

Filing 86 TRANSCRIPT of Proceedings: Telephone Conference held on 6/29/2020 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 2/9/2022. Redacted Transcript Deadline set for 2/22/2022. Release of Transcript Restriction set for 4/19/2022. Notice of Intent to Redact due by 1/24/2022 (hfc, )

January 14, 2022

Filing 85 TRANSCRIPT REQUEST by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department for proceedings held on 06/29/2020 before Judge Hon. Andrew T. Baxter.. (Felter, Karen)

November 16, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 74 Emergency MOTION for Temporary Restraining Order by Kelly Glover. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parry, Jeffrey)

July 6, 2021

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

Filing 72 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)

July 5, 2021

Filing 71 LETTER BRIEF on status of discovery by Kelly Glover. (Parry, Jeffrey)

July 2, 2021

Filing 70 Letter Motion from Jeffrey Parry for Kelly Glover requesting extension of filing time submitted to Judge Baxter . (Parry, Jeffrey)

July 2, 2021

Filing 69 STATUS REPORT by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)

May 26, 2021

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

Filing 67 LETTER BRIEF on state of discovery by Kelly Glover. (Parry, Jeffrey)

May 24, 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 55 Letter Motion from Jeffrey Parry for Kelly Glover requesting cancellation of conference submitted to Judge Baxter . (Parry, Jeffrey)

January 6, 2021

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

Filing 54 STATUS REPORT requesting conference by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)

November 25, 2020

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

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

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

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

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

Filing 48 LETTER BRIEF by Kelly Glover. (Parry, Jeffrey)

July 21, 2020

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

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

Filing 45 Letter Motion from Jeffrey Parry for Kelly Glover requesting adjournment submitted to Judge Baxter . (Parry, Jeffrey)

July 17, 2020

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Filing 27 STATUS REPORT in response to defendant's letter by Kelly Glover. (Parry, Jeffrey)

April 15, 2019

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

Filing 25 STATUS REPORT on newly received discovery by Kelly Glover. (Attachments: #1 Proposed Order/Judgment)(Parry, Jeffrey)

April 12, 2019

Filing 24 STATUS REPORT to Judge Baxter by Dominick Albanese, Sharon MacDonald, Onondaga County, Onondaga County Sheriff's Department. (Felter, Karen)

March 22, 2019

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

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

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

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

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

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

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

Filing 18 NOTICE of Appearance by Jarrod W. Smith on behalf of Kelly Glover (Smith, Jarrod)

December 20, 2018

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

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

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

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

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

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

***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

Filing 13 AMENDED COMPLAINT against All Defendants filed by Kelly Glover.(Parry, Jeffrey)

October 10, 2018

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

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

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

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

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

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

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

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

Filing 6 CIVIL CASE MANAGEMENT PLAN by Kelly Glover. (Parry, Jeffrey)

August 10, 2018

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

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

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

Filing 2 STATE COURT COMPLAINT filed by Kelly Glover. (jlb)

July 16, 2018

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)

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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