Allen, et al v. City of New York, et al
| Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young and Steffany Yamada |
| City of New York, NYPO Inspector Thomas Lawrence, NYCPO Vanessa Bragg, NYCPO Joseph Callahan, NYCPO Wayne Chin, NYCPO Manuel Cumba, NYCPO Frank Demaria, NYCPO Danny Guzman, NYCPO Mark John, NYCPO Robert Lofrese, NYCPO Maria Maldonado, NYCPO Miguel Murphy, NYCPO Yahaira Rodriguez, NYCPO Maurico Rosales, NYCPO Javier Veloz, NYCPO William Wallace, 1-100 John Does, Terence Monahan, Anthony Bologna, Jane Doe, #1 John Doe, Thomas Mahoney, Gary Healy, James Griffin, Kenneth Kuhn, Gary Katz, ED Mullane, Thomas Galati, Neil Spadaro, Jimmy O'Neil, Howard Lawrence, Steve Freelander, Michael Collins, Jack McManus, Patrick Devlin, William Morange, Nicholas Estavillo, Office of Corporation Counsel and NYC Independent Media Center |
| National Lawyers Guild, NYC Chapter |
| 1:2003cv02829 |
| April 23, 2003 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Kimba M Wood |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
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Filing 163
STIPULATION AND ORDER OF DISMISSAL : this action is dismissed, with prejudice and without costs, expenses or fees to any party; dft City of New York agrees to pay plaintiffs Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme, Sarah Young and Steffany Yamada each the sum of fifteen thousand dollars in full satisfaction of all claims, including claims for costs, fees and expenses; in consideration for the payment of this sum plaintiffs agree to the dismissal of all claims against dfts and to release dfts from any and all liability, claims or rights of action that were or could have been alleged in the instant action, including claims for costs, expenses or fees. (Signed by Judge Kimba M. Wood on 6/13/07) (dle) Modified on 6/25/2007 (Lewis, Diahan).
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Filing 162
ORDER, that the above-entitled action be, and hereby is dismissed with prejudice but without costs; provided however, that if the settlement is not consummated within ninety days of this order, either party may apply by letter within the ninety-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 4/13/2007) (jmi)
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Filing 161
ENDORSED LETTER addressed to Judge Kimba M. Wood from Daniel M. Perez dated 4/4/2007 re: to if the Court is amenable,we would like to advise the COurt two weeks from today of the progress of the negatiaions.Status Report due by 4/18/2007. ENDORSEMENT: The parties shall submit a joint letter updating the Court as to the status of this case no later than April 18,2007. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/4/2007) (jmi)
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| Filing 160 Defendant's RESPONSE to 156 Plaintiff's Objection to Report and Recommendations,pursuant to F.R.C.P. 72. Document filed by City of New York. (jpo) |
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Filing 159
ENDORSED LETTER addressed to Judge Kimba M. Wood from Mark Zuckerman dated 3/26/2007 re: to I write on behalf of defendants and respectfully request that we be allowed to exceed the page limit in connection with our response to plaintiffs' F.R.C.P 72(b) Objections and be permitted to file an approximately 65 page Memorandum of Law. ENDORSEMENT: Defendants may file a Memorandum of Law that is no longer than 65 pages. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/26/2007) (jmi)
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| Filing 158 MEMORANDUM OF LAW in Opposition to Plaintiffs' motion to Amend. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus. (pl) |
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Filing 157
ENDORSED LETTER addressed to Judge Kimba M. Wood from Mark Zuckerman dated 3/8/07 re: Counsel writes to request that defendants be permitted to file response to plaintiffs' Rule 72 objections by 3/30/07. Granted. Also request that they be able to address in their brief that is due on 3/1907 the issue of prejudice to them as a result of new discovery. Granted. Defendants shall file any response to plaintiffs' objections to Magistrate Judge Gorenstein's Report and Recommendation no later than 3/30/07. Defendants may address the issue of prejudice to them if the Court grants plaintiffs' motion to amend. Defendants shall address this issue in their response to plaintiffs' motion to amend. So Ordered. (Signed by Judge Kimba M. Wood on 3/9/07) (jco)
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Daniel M. Perez to MANUALLY RE-FILE Document OBJECTION to Report and Recommendations, Document No. 153. This case is not ECF. (lb) |
| Filing 156 OBJECTION to #147 Report and Recommendation. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (rw) |
| Filing 155 ENDORSED LETTER addressed to Judge Kimba M Wood from Daniel M. Perez dated 3/1/07 re: Parties request an enlargment of the page limit for Plaintiffs' Rule 72 objections; Granted. (Signed by Judge Kimba M. Wood on 3/1/07) (ae) |
| Filing 154 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - OBJECTION to #147 Report and Recommendations Document filed by Adrianne "Ace" Allen. (Attachments: #1 Exhibit 1-2)(Perez, Daniel) Modified on 3/6/2007 (lb). |
| Filing 153 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - OBJECTION to #147 Report and Recommendations Document filed by Adrianne "Ace" Allen. (Attachments: #1 Exhibit)(Perez, Daniel) Modified on 3/6/2007 (lb). |
| Filing 152 DECLARATION of Daniel M. Perez in support of plaintiffs' letter application advising the Court of Plaintiffs' intention to move to amend the complaint, and in response to the February 16, 2007 Order of Hon. Kimba M. Wood, Chief United States District Judge. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (dfe) |
| Filing 151 MEMORANDUM OF LAW in Further Support of Plaintiffs' letter application requesting permission to move to amend the complaint. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (dfe) |
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Filing 150
ENDORSED LETTER addressed to Judge Kimba M. Wood from Daniel M. Perez dated 2/2/2007 re: to we are in receipt of the letter of Senior Assistant Corporation Counsel Mark Zuckerman of today's date and write in reply to the arguments raised therein.Responses due by 3/19/2007.,Replies due by 3/26/2007. ENDORSEMENT: Plaintiffs' counsel shall brief the issue of whether the new claim they seek to add is time-barred, by February 26, 2007. Defense counsel shall respond by March 19,2007. Any reply is due March 26,2007. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/16/2007) (jmi)
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Filing 149
ENDORSED LETTER addressed to Judge Kimba M. Wood from Daniel M. Perez dated 2/14/2007 re: request an additional two weeks to file plaintiffs' Rule 72 objections. Endorsement: The parties shall file any objections to the Report and Recommendation no later than 3/2/2007. No further extension will be granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/15/2007) (jar)
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| Filing 148 ENDORSED LETTER addressed to Judge Kimba M. Wood from Daniel M. Perez dated 1/11/07 re: Application GRANTED. The parties shall file objections to Magistrate Judge Gabriel W. Gorenstein's 1/3/07 Report & Recommendaiton no later than 2/16/07. Defendants' objection to plaintiffs' request for an extension is noted. (Signed by Judge Kimba M. Wood on 1/12/07) (db) |
| Set/Reset Deadlines as to 144 MOTION for Report and Recommendations. Objections to R&R due by 2/16/2007 (db) |
| Filing 147 REPORT AND RECOMMENDATIONS for the reasons,the case should proceed on plaintiffs' claims of excessive detention under the Fourth Amendment against defednants Devlin,Kuhn and Katz. All other claims should be dismissed. Thus, defendants' motion for summmary judgment re: 144 MOTION for Report and Recommendations should be gratned in part and denied in part. filed by City of New York,, Terence Monahan,, Gary Katz,, Kenneth Kuhn,, Vanessa Bragg,, Joseph Callahan,, Mark John,, Maria Maldonado,, Maurico Rosales,, Javier Veloz,, Neil Spadaro,, Jack McManus,, Plaintiff cross 132 MOTION for Summary Judgment should be denied. filed by Mary Finelli,, Adrianne "Ace" Allen,, Glenn Brightwell,, Ryan Calabrese,, Nancy Draper,, Jarrett Farmer,, Craig Kravitz,, Teri Lee,, Carol Marcus,, Carol Moon,, Robin Peel,, Clarissa Peterson,, Cary Rubin,, Vermin Love Supreme!,, Sarah Young,, Steffany Yamada, Objections to R&R due by 1/17/2007 (Signed by Judge Gabriel W. Gorenstein on 1/3/2007) (jmi, ) |
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Filing 146
OPINION AND ORDER # 94073: For the foregoing reasons, defendants' re: 142 MOTION for Report and Recommendations in limine is denied. SO ORDERED. filed by City of New York,, Terence Monahan,, Gary Katz,, Kenneth Kuhn,, Thomas Lawrence,, Vanessa Bragg,, Joseph Callahan,, Mark John,, Maria Maldonado,, Maurico Rosales,, Javier Veloz,, Neil Spadaro,, Jack McManus,. (Signed by Judge Gabriel W. Gorenstein on 12/22/2006) (jmi, ) Modified on 12/26/2006 (rw, ).
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| Filing 145 MEMORANDUM OF LAW in Support re: 132 MOTION for Summary Judgment. (jco, ) |
| Filing 144 MOTION for Report and Recommendation granting judgment to the defendants and dismissing the complaint. Document filed by City of New York, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus. (jco, ) |
| Filing 143 MEMORANDUM OF LAW in Support of their Daubert Motion. (jco, ) |
| Filing 142 MOTION for Report and Recommendation granting their motion to preclude the report and testimony of plaintiffs' survey research expert, Richard Faust, on Daubert grounds. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus. (jco, ) |
| Filing 141 REPLY DECLARATIONof Daniel Perez in Support re: 132 MOTION for Summary Judgment.. Document filed by Adrianne "Ace" Allen ET AL. (cd, ) |
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Filing 140
ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein dated 5/11/06 re: Endorsement reads: The request to adjourn the briefing schedule is denied. Any application to re-open discovery should be made in accordance with the Court's Individual practices. So Ordered. (Signed by Judge Gabriel W. Gorenstein on 5/11/06) (jco, )
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Filing 139
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Daniel M. Perez dated 4/27/2006 re: requesting an additional 2 weeks until 5/12 to file plaintiffs' reply papers concerning their cross-motion for summary judgment. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/28/2006) (lb, )
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| Filing 138 RULE 56.1 STATEMENT. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus. (dle, ) |
| Filing 137 DECLARATION of Mark Zuckerman in further support of dfts' motion for summary judgment and in opposition to plaintiffs' cross motion. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus. (dle, ) |
| Filing 136 MEMORANDUM OF LAW in further support of their motion for summary judgment and in opposition to plaintiffs' cross motion. Document filed by City of New York, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus. (dle, ) |
| Filing 135 REPLY MEMORANDUM OF LAW in support of their daubert motion. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Terence Monahan, Kenneth Kuhn, Gary Katz, Jack McManus. (dle, ) |
| Filing 134 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Pamela Lynam Mahon dated 3/27/06 re: a request that the time for opposition papers be extended to 4/14/2006 and reply papers be due by 4/28/2006. ENDORSEMENT: GRANTED. (Signed by Judge Gabriel W. Gorenstein on 3/27/06) (kco, ) |
| Set Deadlines: Responses due by 4/14/2006. Replies due by 4/28/2006. (kco, ) |
| Filing 133 Plaintiffs' memorandum of law in opposition to dfts' motion for summary judgment and MEMORANDUM OF LAW in Support re: 132 MOTION for Summary Judgment.. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (dle, ) |
| Filing 132 Plaintiff's Cross MOTION for an order granting partial summary judgment to the extent as further set forth in this motion. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (dle, ) Modified on 3/17/2006 (dle, ). |
| Filing 131 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from David E. McCraw dated 3/14/06 re: The Times has leave to make any motion proposed herein in accordance with the Local Civil Rules Local Civ R 37.2 is deemed satisfied. The Times should confer with counsel prior to filing any motion to determine if any resolution can be reached. (Signed by Judge Gabriel W. Gorenstein on 3/15/06) (kco, ) |
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Filing 130
OPINION AND ORDER.92841 Plaintiff's motion to file their summary judgment papers in unsealed form is GRANTED. Any application to seek a stay of this order shall be presented to the undersigned in writing on or before 3/14/06. In the absence of a further directive from the Court, plaintiffs shall file copies of their papers with the Court as required by F.R.C.P. 5(d) on or after 3/16/2006. (Signed by Judge Gabriel W. Gorenstein on 3/10/06) (kco, ) Modified on 3/13/2006 (ew, ).
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| Filing 129 EXHIBIT 51: Rubin Videotape re: plaintiffs opposition to dfts motio for sj and in support of plaintiffs cross-motion for partial sj. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus.(pl, ) |
| Filing 128 PLAINTIFFS' MEMORANDUM OF LAW in Opposition to Defendant's Daubert Motion. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (jmi, ) |
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Filing 124
ORDER: Plaintiffs are directed to file under seal papers in response to the motion for summary judgment that contain material subject to the protective order in this case. In addition, plaintiffs shall file a redacted version of their responsive papers in the public court file... (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2006) Copies Mailed By Chambers.(lb, )
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Filing 123
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gabriel W. Gorenstein on 2/8/2006) (lb, )
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| Filing 121 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Daniel M. Perez dated 1/20/06 re: Requesting the following schedule. Plaintiffs' opposition and cross motion: 2/27/06. Defendants' opposition to the cross motion and reply. March 31, and plaintiffs' reply: April 14. ENDORSEMENT: GRANTED. (Signed by Judge Gabriel W. Gorenstein on 1/20/06) (js, ) |
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Filing 118
ORDER; Plainitff's Motion to strike (expected to be filed January 13, 2006); the defendants' opposition papers; and the plaintiff's reply papers shall all be filed under seal. These documents contain material subject to a protective order. (Signed by Judge Gabriel W. Gorenstein on 1/13/06) (djc, )
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| Filing 116 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Pamela Lynam Mahon dated 11/2/05 re: a request for an enlargement of time to serve the Daubert motion to 11/22/05. Summary judgment to be served by 1/24/06, and plaintiffs to serve their opposition and cross motion by 2/21/06. Finally for defendants to serve their reply and opposition papers by 3/16/06. ENDORSEMENT: Granted. (Signed by Judge Gabriel W. Gorenstein on 11/2/05) (kco, ) |
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Filing 115
ORDER:Exercise of jurisdiction by magistrate Judge is permitted only if all parties voluntarily consent. To determine whether the parties wish to voluntarily consent, the plaintiff is directed to mail to defendant on or before 10/28/05, a copy of the attached consent from bearing either (1) a signature indicating consent to the Magistrate Judge conducting all proceedings in this matter or (2)a notation that the plaintiff does not consent. On or brfore 11/14/05 defense counsel is directed to contact the the deputy Clerk Sylvia Gonzalez either by telephone, at (212)805-4260, or by letter. Defense counsel shall inform the Deputy Clerk whether all parties have consented to the Magistrate Judge conducting the proceedings in this matter. If any party has not consented, counsel for that defendant shall not inform the Clerk which of the parties have not consented but shall merely state that there has not been consent by all parties. In the event that all parties have consented, defense counsel shall mail the signed consent form for filing to: Ms. Sylvia Gonzalez, chambers of Judge GabrielW. Gorenstein, 40 Centre Street, New York, NY 10007. (Signed by Judge Gabriel W. Gorenstein on 10/7/05) (js, )
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Filing 114
ORDER; A settlement conference in this matter is scheduled for 9/27/2005 at 10:00 AM in Courtroom 219, U.S. Courthouse, 40 Centre Street. The parties should arrive early, so that the conference may begin promptly. (Signed by Judge Gabriel W. Gorenstein on 9/6/05) (kco, )
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| Filing 113 ANSWER to Third Amended Complaint. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Jack McManus, Patrick Devlin.(jmi, ) |
| Filing 111 AFFIDAVIT OF SERVICE of third amended complaint served on defendants on 8/2/05. Service was accepted by Linda Lawyer. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (kw, ) |
| Filing 112 THIRD AMENDED COMPLAINT amending 41 Amended Complaint,,, against City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Mark John, Maria Maldonado, Maurico Rosales, Javier Veloz, Terence Monahan, Kenneth Kuhn, Gary Katz, Neil Spadaro, Jack McManus, Patrick Devlin.Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Steffany Yamada, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. Related document: 41 Amended Complaint,,, filed by Carol Marcus,, Carol Moon,, Robin Peel,, Clarissa Peterson,, Cary Rubin,, Vermin Love Supreme!,, Sarah Young,, Steffany Yamada,.(djc, ) |
| Set Answer Due Date purs. to 112 Amended Complaint,, as to City of New York answer due on 8/16/2005; Thomas Lawrence answer due on 8/16/2005; Vanessa Bragg answer due on 8/16/2005; Joseph Callahan answer due on 8/16/2005; Mark John answer due on 8/16/2005; Maria Maldonado answer due on 8/16/2005; Maurico Rosales answer due on 8/16/2005; Javier Veloz answer due on 8/16/2005; Terence Monahan answer due on 8/16/2005; Kenneth Kuhn answer due on 8/16/2005; Gary Katz answer due on 8/16/2005; Neil Spadaro answer due on 8/16/2005; Jack McManus answer due on 8/16/2005. (djc, ) |
| Filing 110 NOTICE of Change of Address by Daniel Matthew Perez on behalf of Adrianne "Ace" Allen. New Address: Kuby & Perez, LLP, 119 West 23rd Street, Suite 900, New York, NY, 10011, (212) 529-0223. (ae, ) |
| Filing 109 NOTICE of Appearance by Scott A. Korenbaum on behalf of Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Teri Lee, Carol Marcus (sac, ) |
| Filing 108 ENDORSED LETTER addressed to Magistrate Judge G from Daniel M. Perez dated 7/19/05 re: granting Ms. Mahon 10 business days to respond, or until 8/5. (Signed by Judge Gabriel W. Gorenstein on 7/19/05) (sac, ) |
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Filing 106
ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Daniel M. Perez dated 6/15/2005 re: the schedule reflected in this letter is So ordered. A status conference will be held on 8/9/2005 at 10:15 am in courtroom 219. (Signed by Judge Gabriel W. Gorenstein on 6/15/2005) (jsa, )
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| Set/Reset Hearings: Status Conference set for 8/9/2005 10:15 AM before Magistrate Judge Gabriel W. Gorenstein. (jsa, ) |
| Filing 107 TRANSCRIPT of proceedings held on 4/27/05 before Judge Gabriel W. Gorenstein. (ae, ) |
| Filing 105 ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Daniel M. Perez dated 5/23/2005 re: Application granted. Absent agreement of the parties Mr. O'Connell need not answer any questions concerning the Pereira matter at his deposition on May 27, 2005. (Signed by Judge Gabriel W. Gorenstein on 5/23/2005) (jsa, ) |
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Filing 104
ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Daniel M. Perez dated 4/13/2005 re: request for a conference with the court. The Court rules that all third parties who have been subpoenaed for deposition shall appear at a conference before the Court on 4/27/2005 at 3:30pm in Courtroom 219, 40 Centre Street. Mr Zuckeman shall be responsible for informing the third parties of this order (unless he arranges otherwise with Mr. Perez. (Signed by Judge Gabriel W. Gorenstein on 4/14/2005) (jsa, )
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| Set/Reset Hearings: Pretrial Conference set for 4/27/2005 03:30 PM before Magistrate Judge Gabriel W. Gorenstein. (jsa, ) |
| Filing 103 ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Daniel M. Perez dated 4/6/2005 re: Mr. Khurana shall appear for his deposition on or before 4/27/2005. To the extent that Mr. Khurana requires a subpoena for the deposition, Mr. Zuckerman shall provide Mr. Perez with the witnesses' home address on or before 4/11/2005. If the parties cannot agree on a date for the deposition, the Court will fix a date upon request. (Signed by Judge Gabriel W. Gorenstein on 4/7/2005) (jsa, ) |
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Filing 101
ORDER that defts' objections, and defts' motion to compel discovery, are thus denied. The discovery deadline of 3/31/05, remains. (Signed by Judge Kimba M. Wood on 3/30/05) copies sent by chambers(cd, )
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| Filing 102 RESPONSE By National Lawyers Guild and New York City Chapter of National Lawyers Guild as Intervenor To Objections Filed By Dfts to February 25,2005 Rulings of Magistrate Judge Gorenstein. Document filed by National Lawyers Guild, NYC Chapter. (mde, ) |
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Filing 100
STIPULATION AND ORDER that expert discovery concerning police practices and procedures shall be stayed pending the determination of any dispositive motions filed in this case at the close of discovery. In the event that upon the determination of any dispositive motions this case remains in a position to proceed to trial, the parties contemplate requesting of the court a brief period of time to conduct expert discovery limited to the issues of police practices and procedures and any medical and/or psychiatric issues. (Signed by Judge Gabriel W. Gorenstein on 3/24/05) (dle, )
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| Filing 98 TRANSCRIPT of proceedings held on 02/25/05 before Judge Gabriel W. Gorenstein. (es, ) |
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Filing 99
ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Mark D. Zuckerman dated 3/23/05 re: Counsel for defendants write concerning the proposed depositions of Lauren Gazzola and Benjamin Persky, as well as to clarify the recent "Stipulation Concerning Expert Discovery". To the extent this letter seeks any relief from this Court, it is denied for failure to comply with paragraph 2.A of this Court's Individual Practices. So Ordered. (Signed by Judge Gabriel W. Gorenstein on 3/23/05) (jco, )
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| Filing 97 TRANSCRIPT of proceedings held on 02/25/05 before Judge Gabriel W. Gorenstein. (es, ) |
| Filing 96 MEMO ENDORSEMENT, The City was remiss in not consulting with plaintiff's counsel before scheduling these depositions on such short notice. Such consultation is a matter of common courtesy. Nonetheless, because the City noticed the depositions to take place before the discovery cutoff, they may proceed. Inasmuch as Mr. Perez finds it a hardship to conduct these depositions on the dates at issue, Mr. Zuckerman shall telephone Mr. Perez to schedule them at the mutual convenience of the parties, provided they take place on or before 4/20/05. Any other depositions already noticed may be similarly adjourned on consent to suit counsel's schedules. Because the City's scheduling of the depositions shows that it believes three of these depositions could be completed in a single day (and that the remaining two could be completed on a date on which another deposition was already scheduled), the court will hold the City to this schedule. Accordingly, the City's questioning of each witness is limited to two hours. Defense counsel may conduct reasonable cross examination. (Signed by Judge Gabriel W. Gorenstein on 3/22/05) (dle, ) Modified on 3/24/2005 (dle, ). |
| Filing 95 ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Daniel M. Perez dated 3/18/2005 re: Ms. Draper shall be made available for deposition barring good cause for any further delay, not later than 4/15/2005. Mr. Persky's deposition is adjourned sine die pending the letter briefing and pending the appointment of counsel. (Signed by Judge Gabriel W. Gorenstein on 3/18/2005) (jsa, ) |
| Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Interim Pretrial Conference held on 3/11/2005. (pl, ) |
| Filing 94 DEFENDANTS' MEMORANDUM OF LAW in Support of Objections to Magistrate's Rulings. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Wayne Chin, Manuel Cumba, Frank Demaria, Danny Guzman, Mark John, Robert Lofrese, Maria Maldonado, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace, John Does, Terence Monahan, Anthony Bologna, Jane Doe, #1 John Doe, Thomas Mahoney, Gary Healy, James Griffin, Kenneth Kuhn, Gary Katz, ED Mullane, Thomas Galati, Neil Spadaro, Jimmy O'Neil, Howard Lawrence, Steve Freelander, Michael Collins, Jack McManus, Patrick Devlin, William Morange, Nicholas Estavillo, Office of Corporation Counsel, NYC Independent Media Center. (jmi, ) |
| Filing 93 MOTION to Compel Compliance with Subpoenas Service Upon Stop Huntingdon Animal Cruelty USA, New York City Independent Media Center and National Lawyer's Guild, to be Allowed a Reasonable Time to Conduct Such Discovery and for Such Other and Further Relief as the Court May Deem Just and Proper. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Wayne Chin, Manuel Cumba, Frank Demaria, Danny Guzman, Mark John, Robert Lofrese, Maria Maldonado, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace, John Does, Terence Monahan, Anthony Bologna, Jane Doe, #1 John Doe, Thomas Mahoney, Gary Healy, James Griffin, Kenneth Kuhn, Gary Katz, ED Mullane, Thomas Galati, Neil Spadaro, Jimmy O'Neil, Howard Lawrence, Steve Freelander, Michael Collins, Jack McManus, Patrick Devlin, William Morange, Nicholas Estavillo, Office of Corporation Counsel, NYC Independent Media Center. (jmi, ) |
| Filing 92 ENDORSED LETTER addressed to Judge Gabriel W. Gorenstein from Daniel M. Perez dated 3/3/05; re: Discovery due by 3/31/2005. No extensions. (Signed by Judge Gabriel W. Gorenstein on 3/3/05) (sac, ) |
| MEMO ENDORSED; granting 88 Motion to Intervene, solely for the purpose of the motion to compel. (Signed by Judge Gabriel W. Gorenstein on 3/3/05) (sac, ) |
| Filing 91 DECLARATION of Mark D. Zuckerman in Support re: 80 MOTION to Compel.. Document filed by City of New York. (ll, ) |
| Filing 90 REPLY MEMORANDUM OF LAW in Support re: 80 MOTION to Compel.. Document filed by City of New York. (ll, ) |
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Filing 89
ORDER granting in part and denying in part 80 Motion to Compel for the reasons stated on the record at the 2/25/05 conference; mr. Stepanian is ordered to appear before this court on 3/11/05 at 3:00 p.m. in courtroom 219, 40 Centre Street to show cause why he should not be held in contempt or otherwise sanctioned for failure to comply with the subpoena; if this date is not convenient, Mr. Stepanian may contact the clerk to the undersigned to arrange for another date for his appearance; the court notes that a failure to appear at the scheduled conference may itself subject Mr. Stepanian to sanctions, including contempt of court. . (Signed by Judge Gabriel W. Gorenstein on 2/28/05) (dle, )
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| Filing 88 MOTION for an Order pursuant to Rule 24(a)(2), FRCP to Intervene in the motion filed by the defendant City of New York to compel compliance with a 12/4/04 subpoena served on the National Lawyers' Guild and denying the City of New York's motion to compel. Declaration of Robert J. Boyle in support attached. Document filed by National Lawyers Guild, NYC Chapter. (yv, ) |
| Filing 87 DECLARATION of Daniel M. Perez in Opposition re: 80 MOTION to Compel. Exhibits attached. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (ps, ) |
| Filing 86 MEMORANDUM OF LAW in Opposition re: 80 MOTION to Compel. Document filed by Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Adrianne "Ace" Allen, Glenn Brightwell, Steffany Yamada, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus. (ps, ) |
| Filing 85 AFFIDAVIT of Ellen Davidson in Support of re: 84 Memorandum of Law in Oppisition to Motion. Document filed by NYC Independent Media Center. (kw, ) |
| Filing 84 MEMORANDUM OF LAW in Opposition to re: 80 MOTION to Compel. Document filed by NYC Independent Media Center. (kw, ) |
| Filing 83 MEMORANDUM OF LAW in Support re: 80 MOTION to Compel.. (pl, ) |
| Filing 82 TRANSCRIPT of proceedings held on 1/31/05 before Judge Gabriel W. Gorenstein. (Martin, Leslie) |
| Filing 81 MEMORANDUM OF LAW in Support re: 80 MOTION to Compel. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Wayne Chin, Manuel Cumba, Frank Demaria, Danny Guzman, Mark John, Robert Lofrese, Maria Maldonado, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace, Terence Monahan, Anthony Bologna, Thomas Mahoney, Gary Healy, James Griffin, Kenneth Kuhn, Gary Katz, ED Mullane, Thomas Galati, Neil Spadaro, Jimmy O'Neil, Howard Lawrence, Steve Freelander, Michael Collins, Jack McManus, Patrick Devlin, William Morange, Nicholas Estavillo, Office of Corporation Counsel. (kkc, ) |
| Filing 80 MOTION to Compel compliance with subpoenas served upon the Animal Defense League (LI-NYC Chapter), Andrew Stepanian, Stop Huntingdon Animal Cruelty USA, New York City Independent Media Center and the National Lawyer's Guild. Declaration of Mark D. Zuckerman in support attached. Document filed by City of New York, Thomas Lawrence, Vanessa Bragg, Joseph Callahan, Wayne Chin, Manuel Cumba, Frank Demaria, Danny Guzman, Mark John, Robert Lofrese, Maria Maldonado, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace, Terence Monahan, Anthony Bologna, Thomas Mahoney, Gary Healy, James Griffin, Kenneth Kuhn, Gary Katz, ED Mullane, Thomas Galati, Neil Spadaro, Jimmy O'Neil, Howard Lawrence, Steve Freelander, Michael Collins, Jack McManus, Patrick Devlin, William Morange, Nicholas Estavillo, Office of Corporation Counsel. Return Date set for 2/25/2005 11:00 AM. (kkc, ) |
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Filing 79
ORDER granting in part and denying in part 69 Motion for Protective Order for the reasons stated on the record 1/31/2005. (Signed by Judge Gabriel W. Gorenstein on 1/31/2005) copies mailed by chambers.(jsa, ) Modified on 2/9/2005 (jsa, ).
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| Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Oral Argument held on 1/31/2005 re: 69 MOTION for Protective Order. filed by City of New York,, Michael Collins, Glenn Brightwell, Ryan Calabrese, Vanessa Bragg,, Joseph Callahan, Wayne Chin,, Manuel Cumba, Frank Demaria, Anthony Bologna. Next oral arg. 2/25/05 @ 11 a.m. (jco, ) |
| Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Telephone Conference held on 1/11/2005. (pl, ) |
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Filing 78
ENDORSED LETTER addressed to Hon. Gabriel W. Gorenstein from Mark D. Zuckerman dated 1/3/05 re: request that Andrew Stepanian and the Animal Defense League be found in contempt pursuant to Rule 45, FRCP and that the Court order compliance with subpoenas issued for a deposition and the production of documents to Andrew Stepanian and the Animal Defense League. The Court's pre-motion conference requirement is waived. Defendants have leave to file an appropriate motion (Signed by Judge Gabriel W. Gorenstein on 1/4/05) (yv, )
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Filing 77
ENDORSED LETTER addressed to Hon. Gabriel W. Gorenstein from Mark D. Zuckerman dated 1/3/05 re: request that the Court order compliance with a subpoena duly served on the New York Independent Media Center. Application denied for failure to comply with paragraph 2-A of this Court's Individual Practices (Signed by Judge Gabriel W. Gorenstein on 1/4/05) (yv, )
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| Filing 76 DECLARATION of Pamela Lynam Mahon in Support re: 69 MOTION for Protective Order. (jp, ) |
| Filing 75 MEMORANDUM OF LAW in Support re: 69 MOTION for Protective Order.. . (jp, ) |
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Filing 74
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark D. Zuckerman dated 12/15/04 re: request that Your Honor set a conference at your earliest convenience to discuss the extension of fact discovery for a period of sixty days beyond the present cutoff of 1/13/05. So Ordered. The request for the 60-day extension of the deadlines in the 4/26/04 order is granted. No further extensions absent extraordinary and unfeasable circumstances. With respect to the request that the court "order" plaintiffs to identify the leader of the march, defendants are free to serve a interrogatory seeking such information. (Signed by Judge Gabriel W. Gorenstein on 12/16/04) (dfe, )
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| Filing 73 DECLARATION of Daniel M. Perez in Opposition re: 69 MOTION for Protective Order.. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada, Sarah Young. (jmi, ) |
| Filing 72 PLAINTIFFS' MEMORANDUM OF LAW in Opposition re: 69 MOTION for Protective Order.. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada. (jmi, ) |
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Filing 71
MEMO ENDORSEMENT on letter addressed to Hon. Gabriel W. Gorenstein from Mark D. Zuckerman dated 11/22/04 re: application to revisit this Court's 8/23/04 order and in reply to plaintiffs' 11/19/04 letter. The defendants' motion for reconsideration of this Court's prior order on the scope of questioning of plaintiffs is denied as untimely. The Court strongly suggests that the parties seek to reach an agreement on the questioning of plaintiffs and the potential need for re-questioning of plaintiffs already deposed. Thus, to the extent plaintiffs believe there is any potential for defendants to obtain an order of preclusion, it would be in their own interests to agree to the defendants' requests to enlarge the scope of the question posed to plaintiffs. Obviously, any such agreement should be made to allow promptly to allow for the timely conclusion of discovery (Signed by Judge Gabriel W. Gorenstein on 11/29/04) (yv, )
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| Filing 70 MEMORANDUM OF LAW in Support re: 69 MOTION for Protective Order.. Document filed by Anthony Bologna, Vanessa Bragg, Glenn Brightwell, Ryan Calabrese, Joseph Callahan, Wayne Chin, City of New York, Michael Collins, Manuel Cumba, Frank Demaria. (djc, ) |
| Filing 69 MOTION for Protective Order purs to Rule 26(c) of the FRCP. Document filed by Anthony Bologna, Vanessa Bragg, Glenn Brightwell, Ryan Calabrese, Joseph Callahan, Wayne Chin, City of New York, Michael Collins, Manuel Cumba, Frank Demaria. (djc, ) |
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Filing 68
ENDORSED LETTER addressed to Mag. Judge Gorenstein from Daniel M. Perez dated 11/17/04 re: the Court did not realize its rule had been violated. Defense counsel is ordered to follow the rule and send a new letter if no resolution is reached. The conference is cancelled.. (Signed by Judge Gabriel W. Gorenstein on 11/17/04) (pl, ) Modified on 11/30/2004 (pl, ).
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Filing 67
ORDER;... defendnas are directed to file a motion for a protective order with respect to the documents at issue. Parties shall agree uopn a schedule in accordance with paragraph 2(B) of this Court's Individual Practices. (In the event agreement cannot be reached the motion shall be filed on or before November 24, 2004). As to the motion for reconsideration, the parties are directed to discuss this matter... (Signed by Judge Gabriel W. Gorenstein on 11/12/04) copies forwarded by Chambers.(djc, )
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Filing 66
MEMO ENDORSEMENT on letter dated 9/29/04 from Pamela Lynam Mahon. Requests for stays pending review under Rule 72 cannot be granted as a matter of course or else discovery would never be able to proceed in an orderly manner. The application for stay is denied. (Signed by Judge Gabriel W. Gorenstein on 9/30/04) (kw, )
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Filing 65
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Pamela Lynam Mahon dated 9/10/04 re: the deadlines in the 4/26/04 Order are each extended by 120 days. (Signed by Judge Gabriel W. Gorenstein on 9/10/04) (db, )
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STIPULATION AND ORDER that the parties at their own expense shall use the deposition transcripts of plaintiffs, dfts and non party witnesses in Burley, Ace Allen and Acosta Davis in their own individual actions for any purpose allowed under the federal and local rules as further set forth in this stipulation; the parties in Burley, Ace Allen and Acosta Davis agree to be bound by confidentiality order entered in the respective actions. (dle, ) (Signed by Judge Gabriel W. Gorenstein on 8/12/04) Original document filed in case #03cv735, document #45. (dle, )
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| Filing 64 TRANSCRIPT of proceedings held on 8/23/04 before Judge Gabriel W. Gorenstein.(dfe, ) |
| Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Oral Argument held on 8/23/2004 (pl, ) |
| Filing 63 MEMO ENDORSEMENT on letter dated 8/17/04. Contrary to the statements in this letter, the court is struck by the congruence between Judge Pauley's rulings and those issued by the undersigned at the telephone conference yesterday. Nonetheless, the court will stay the depositions of plaintiffs to allow reconsideration of its rulings based on the assertion in this letter that the plaintiffs are not challenging the "bona fides of their arrests" but only the actual "processing" of their arrests. This limitation in the scope of plaintiffs' claims, of which the court was unaware, may have some bearing on the scope of questioning the court will allow. Any further letter briefs on this issue shall be submitted by 2 p.m. on 8/19/04. Plaintiff is also directed to furnish by that time the pages of the transcript containing the telephone conference of yesterday. Oral argument will be heard on 8/20/04 at 10:30 a.m. in courtroom 219, 40 Centre Street. (Signed by Judge Gabriel W. Gorenstein on 8/17/04) (dle, ) |
| Set/Reset Hearings: Oral Argument set for 8/20/2004 10:30 AM before Magistrate Judge Gabriel W. Gorenstein. (dle, ) |
| Filing 62 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. William Morange served on 6/10/2004, answer due 6/30/2004. Document filed by Adrianne "Ace" Allen. (cd, ) |
| Filing 61 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Michael Collins, Manuel Cumba, Frank Demaria, Patrick Devlin, Jane Doe, #1 John Doe, John Does, Nicholas Estavillo, Steve Freelander, Thomas Galati, James Griffin, Danny Guzman, Gary Healy, Mark John, Gary Katz, Craig Kravitz, Kenneth Kuhn, Howard Lawrence, Thomas Lawrence, Robert Lofrese, Thomas Mahoney, Maria Maldonado, Jack McManus, Terence Monahan, William Morange, ED Mullane, Miguel Murphy, Jimmy O'Neil, Office of Corporation Counsel, Yahaira Rodriguez, Maurico Rosales, Neil Spadaro, Javier Veloz, William Wallace.(jmi, ) |
| Filing 60 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. Gary Katz served on 5/28/2004, answer due 6/17/2004; Jimmy O'Neil served on 5/28/2004, answer due 6/17/2004. Service was accepted by Mr. David (attorney) and Sergeant Sarah Burns (#1561) respectively. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (db, ) |
| Filing 59 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. William Morange served on 5/19/2004, answer due 6/8/2004. Service was accepted by Atty. Eileen Flaherty. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 58 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. ED Mullane served on 5/6/2004, answer due 5/26/2004. Service was accepted by Det. Eckhart. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 57 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Kenneth Kuhn served on 4/30/2004, answer due 5/20/2004. Service was accepted by P.O. Stewart. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 56 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Howard Lawrence served on 4/30/2004, answer due 5/20/2004. Service was accepted by Sgt. Nash. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 55 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. James Griffin served on 4/28/2004, answer due 5/18/2004. Service was accepted by P.O. Frias (#2814). Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 54 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Thomas Galati served on 4/28/2004, answer due 5/18/2004. Service was accepted by Sgt. Pizzuta. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 53 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Thomas Mahoney served on 4/27/2004, answer due 5/17/2004. Service was accepted by P.O. Nieves. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 52 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Neil Spadaro served on 4/27/2004, answer due 5/17/2004. Service was accepted by Lt. Walsh. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 51 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Patrick Devlin served on 4/27/2004, answer due 5/17/2004. Service was accepted by Cheryl A. Volkens. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 50 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Jack McManus served on 4/27/2004, answer due 5/17/2004. Service was accepted by Sgt. Hector Vega (#3552). Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 49 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Gary Healy served on 4/27/2004, answer due 5/17/2004. Service was accepted by Cadet Airal. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 48 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Nicholas Estavillo served on 4/27/2004, answer due 5/17/2004. Service was accepted by P.O. Hernandez. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 47 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Office of Corporation Counsel served on 4/21/2004, answer due 5/11/2004. Service was accepted by Medelyn Santana. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (jco, ) |
| Filing 46 AFFRMATION OF SERVICE of Third Set of Interrogatories served on defendants on 5/13/04. Service was accepted by hand. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada, Sarah Young. (jco, ) |
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Filing 45
PRETRIAL ORDER: defendants shall produce to plaintiffs by 5/28/04 "OLPA" and "BADS" documents, including documents that were sealed pursuant to New York Criminal Procedure Law 160.50, for each person arrested in Manhattan and Brooklyn between 1/30/02 and 2/6/02 in response to plaintiffs' requests Nos. 1 and 2 in plaintiffs' second set of interrogatories and requests to produce. Identifying information will be redacted. (Signed by Judge Gabriel W. Gorenstein on 4/30/04) (db, )
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Filing 44
ENDORSED LETTER addressed to Judge Gabriel W.Gorenstein from Pamela Lynam Mahon dated 4/28/04 re: With respect to the first sentence of the second paragraph of this letter, the Court did not issue any such order. Rather, the Court instructed the City to make a proper inquiry into the burdensomeness of responding to the document requests and gave the City leave to make additional arguments to the Court, if necessary, in opposition. See Transcript of Conference of 4/23/04 at 15-17. Nonetheless, the Court is heartened that the parties appear to have reached an agreement as to how the City should respond thre requests. At the conference, the Court did agree to issue an order pursuant to 160.50 to permit the City to release information relating to this request, on the understanding that identifying information would be reached. Accordingly, such an order is issued herewith. The parties may agree without Court order to any adjustment of deadlines for the time to respond to disocvery requests as long as such agreement does not affect the deadline for fact discovery as set forth in paragraph 1 of the Order dated 4/26/04.. (Signed by Judge Gabriel W. Gorenstein on 4/30/04) (sac, )
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| Filing 43 ENDORSED LETTER addressed to Judge Robert W. Sweet from Christine Burgess dated 4/22/04 re: counsel for dfts request that 03cv2829 and 03cv3084 be transferred to Your Honor. Treating this letter as a motion, it is opposed by the plaintiffs and denied as unrelated to the incidents at issue before this court. (Signed by Judge Robert W. Sweet on 4/27/04) (dle, ) |
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Filing 42
PRETRIAL ORDER All non-expert discovery shall be commenced in time to be completed by 9/15/04; Disclosures of the identities and reports of experts, if any, as required by Rule 26(a)(2)(A) and (B) will be made by 9/15/04. The disclosure of identities and reports of any expert intended by an opposing party solely to rebut previously-disclosed expert evidence shall be made by 10/6/04. Depositions of experts shall be completed by 10/27/04. No discovery shall take place after 10/24/04. So Ordered. (Signed by Judge Gabriel W. Gorenstein on 4/26/04) (jco, )
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| Discovery due by 10/27/2004. (Signed by Judge Gabriel W. Gorenstein on 4/26/04) (jco, ) |
| Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Interim Pretrial Conference held on 4/23/2004. (kw, ) |
| MEMORANDUM TO THE DOCKET CLERK: for proceedings held before Judge Gabriel W. Gorenstein : Interim Pretrial Conference held on 4/23/2004 at 3:00 p.m. Discovery orders issued. Request to bifurcate discovery denied. (kw, ) |
| Filing 41 SECOND AMENDED COMPLAINT amending 1 Complaint against Jane Doe, #1 John Doe, Thomas Mahoney, Gary Healy, James Griffin, Kenneth Kuhn, Gary Katz, ED Mullane, Thomas Galati, Neil Spadaro, Jimmy O'Neil, Howard Lawrence, Steve Freelander, Michael Collins, Jack McManus, Patrick Devlin, William Morange, Nicholas Estavillo, Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, John Does, Danny Guzman, Mark John, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace.Document filed by Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada, Sarah Young. Related document: 1 Complaint.(yv, ) |
| Set Answer Due Date re: 41 Amended Complaint,,, as to Anthony Bologna answer due on 5/3/2004; Vanessa Bragg answer due on 5/3/2004; Joseph Callahan answer due on 5/3/2004; Wayne Chin answer due on 5/3/2004; City of New York answer due on 5/3/2004; Manuel Cumba answer due on 5/3/2004; Frank Demaria answer due on 5/3/2004; John Does answer due on 5/3/2004; Danny Guzman answer due on 5/3/2004; Mark John answer due on 5/3/2004; Thomas Lawrence answer due on 5/3/2004; Robert Lofrese answer due on 5/3/2004; Maria Maldonado answer due on 5/3/2004; Terence Monahan answer due on 5/3/2004; Miguel Murphy answer due on 5/3/2004; Yahaira Rodriguez answer due on 5/3/2004; Maurico Rosales answer due on 5/3/2004; Javier Veloz answer due on 5/3/2004; William Wallace answer due on 5/3/2004. (yv, ) |
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Filing 40
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Kimba M. Wood on 4/13/04) (dg, )
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| Filing 39 MEMORANDUM TO THE DOCKET CLERK: that a telephone conference was held in this matter on 4/13/04 @3:00 p.m. (pl, ) |
| Minute Entry for proceedings held before Judge Gabriel W. Gorenstein : Telephone Conference held on 4/13/2004. (pl, ) |
| Filing 38 ENDORSED LETTER addressed to Hon. Gabriel W. Gorenstein from Fran Obeid dated 3/17/04 re: submission of in camera documents and assertion of law enforcement privilege, irrelevance and non-responsiveness as to those documents. It is unclear why defendants have taken it upon themselves to make an ex parte submission to this Court without authorization. No motion is pending before the Court. To the extent defendants seeks to make a motion before the Court, they have failed to comply with paragraph 2(a) of this Court's Individual Practices. The Court is taking no action on the instant letter. The defendants may contact Chambers to arrange for return of the documents. (Signed by Judge Gabriel W. Gorenstein on 3/18/04) (yv, ) |
| Filing 36 TRANSCRIPT of proceedings held on 1/28/04 before Judge Gabriel W. Gorenstein.(ja, ) |
| Filing 37 ENDORSED LETTER addressed to judge Gorenstein from David McCraw dated 3/9/04: granting Mr. McCraw's request that the Court adjourn Mr. Rashbaum's deposition and grant Mr. Rashbaum until 3/22/04 to serve his motion to quash. (Signed by Judge Gabriel W. Gorenstein on 3/9/04) (cd, ) |
| Filing 35 AFFIRMATION OF SERVICE of defendants' first set of interrogatories and requests for production served on ACC Fran Obeid on 3/5/04. Service was made by Facsimile and Mail. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada, Sarah Young. (yv, ) |
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Filing 34
STIPULATION AND PROTECTIVE ORDER that shall govern the procedures to be followed when handling confidential materials in this matter. (Signed by Judge Gabriel W. Gorenstein on 3/1/04) (dle, )
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| Filing 33 AFFIRMATION OF SERVICE OF documents stated in this service on parties as noted. Service was accepted by Mail and facsimile. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada, Sarah Young. (djc, ) |
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Filing 32
ENDORSED LETTER addressed to Judge Gorenstein from Fran Obeid dated 2/18/2004 re: counsel writes requesting that the Court So Order the subpoena directed to William Rashbaum. The arguments set forth in this letter do not support the relief requested. Application denied. Defts planned issuance of the subpoena is at their own risk. (Signed by Judge Gabriel W. Gorenstein on 2/18/2004) (jp, )
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Filing 31
ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Fran Obeid dated 2/13/04 re: Counsel for defendants intends to subpoena Mr. Rashbaum and enclose a subpoena for the Court to so order. Defendants' counsel is ordered to submit a letter by facsimile telecopier on or before noon on 2/18/04 that sets forth any governing law requiring a court order in order for a party to issue a subpoena duces tecum to a non-party. See F.R.C.P. 45(a)(3). In the alternative, defendants may submit a letter withdrawing the above request. Note: The instant endorsement shall not be construed as taking any position on the propriety vel non of the proposed subpoena. (Signed by Judge Gabriel W. Gorenstein on 2/17/04) (sb, )
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| Filing 29 TRANSCRIPT of proceedings held on 12/5/03 before Judge Kimba M. Wood.(rg, ) |
| Filing 28 TRANSCRIPT of proceedings held on 12/15/03 before Judge Kimba M. Wood.(rg, ) |
| Filing 24 TRANSCRIPT of proceedings held on 1/28/04 before Judge Gabriel W. Gorenstein.(kw, ) |
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Filing 30
ORDER granting in part and denying in part 20 Motion for Protective Order, denying 22 Motion for contempt, and denying 22 Motion for Sanctions. Such denial is without prejudice to a future application.(Signed by Judge Gabriel W. Gorenstein on 1/28/04) (kw, )
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| Filing 27 REPLY MEMORANDUM OF LAW in Further Support re: 20 MOTION for Protective Order..(NDB) Document filed by Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, Danny Guzman, Mark John, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Miguel Murphy, Robin Peel, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace. (pa, ) |
| Filing 26 DECLARATION of Christine C. Burgess in Further Support re: 20 MOTION for Protective Order..and in opposition to pltffs motion for an order declaring defts in contempt and for sanctions. (NDB) Document filed by Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, Danny Guzman, Mark John, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace. (pa, ) |
| Filing 25 REPLY DECLARATION of Fran Obeid in Further Support of defts Motion fo a Protective Order (NDB). Document filed by Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, John Does, Danny Guzman, Mark John, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace. (pa, ) |
| Filing 23 MEMORANDUM OF LAW in Opposition to 20 MOTION for Protective Order, and in Support of the 22 CROSS-MOTION for an Order declaring defendants or their attorneys in contempt, and for sanctions in the form of (1) striking defendants' defenses to plaintiffs' Monell claim and precluding them from offering any evidence relative thereto; and (2) reasonable attorney's fees related to responding to defendants' motion and cross-moving for sanctions. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme, Steffany Yamada, Sarah Young. (tp, ) |
| Filing 22 CROSS-MOTION for an Order declaring defendants or their attorneys in contempt, and for sanctions in the form of (1) striking defendants' defenses to plaintiffs' Monell claim and precluding them from offering any evidence relative thereto; and (2) reasonable attorney's fees related to responding to defendants' motion and cross-moving for sanctions. Document filed by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Steffany Yamada, Sarah Young. Return Date set for 1/29/2004 at 11:00 AM before Judge Kimba M. Wood. Return Date set for 1/29/2004 at 11:00 AM before Judge Kimba M. Wood. Affirmation of Daniel M. Perez along with Exhibits A through Q are attached. Cross-Motion is accompanied with Video Tape Exhibits A, E, L, M.(tp, ) |
| Filing 18 ANSWER to Amended Complaint. Document filed by Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Yahaira Rodriguez, Maurico Rosales, William Wallace. Related document: 13 Amended Complaint,, filed by Mary Finelli, Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Steffany Yamada.(rw, ) |
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Filing 19
ORDER: the City is directed to provide an affidavit of either the Corporation Counsel or other supervising attorney explaining the Corporation Counsel's actions with respect to this matter by 1/12/04. The remaining briefing schedule is as follows: Responses due by 1/16/2004 Replies due by 1/22/2004. Oral Argument set for 1/28/2004 11:00 AM before Magistrate Judge Gabriel W. Gorenstein in 219, 40 Centre Street, NY, NY. (Signed by Judge Gabriel W. Gorenstein on 1/5/04) (kw, )
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| Filing 21 MEMORANDUM OF LAW in Support of Defendant's re: 20 MOTION for Protective Order.. Document filed by Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, John Does, Danny Guzman, Mark John, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace. (ps, ) |
| Filing 20 NOTICE OF MOTION for Protective Order. Declarations of Fran Obeid, STeven Conry, Kenneth Kuhn, Vincent Lorusso and Michael Esposito attached. Document filed by Anthony Bologna, Vanessa Bragg, Joseph Callahan, Wayne Chin, City of New York, Manuel Cumba, Frank Demaria, John Does, Danny Guzman, Mark John, Thomas Lawrence, Robert Lofrese, Maria Maldonado, Terence Monahan, Miguel Murphy, Yahaira Rodriguez, Maurico Rosales, Javier Veloz, William Wallace. (ps, ) |
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Filing 17
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive motion/dispute. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Kimba M. Wood on 12/17/03) (dg, )
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| Minute Entry for proceedings held before Judge Kimba M. Wood: Discovery Hearing held on 12/15/2003. Counsel for plaintiffs, Daniel Perez is present. Counsel for defendants, Christine Burgess, Fran Obeid and Susan Halatyn are present. Rosemary DeBellis from the New York City Police Department is present. Court reporter Pam Utter is present. Conference is held (see transcript). Discovery issues are discussed. Unresolved issues, which include production of photographs of arrests, material related to NYPD plans to police the WEF, the request of the plaintiff to visit and take video of the Brooklyn Navy Yard and Brooklyn Central Booking, and the disciplinary records of the individually-named police officers, will be briefed before Magistrate J. Gorenstein. Defendants' brief is due 12/29/03. Plaintiff's response is due 1/9/04. Any reply is due 1/15/04. Discovery schedule is extended until 4/15/04. (ph, ) |
| Filing 16 ENDORSED LETTER addressed to Judge Wood from Fran Obeid dated 12/3/2003 re: granting counsel for defts request for an extension of time, until 1/13/2004, for deft City of New York to answer or otherwise respond to the complaint. (Signed by Judge Kimba M. Wood on 12/3/2003) (Pecorino, Joseph) |
| Set Answer Due Date purs. to 16 Endorsed Letter, as to City of New York answer due on 1/13/2004. (Pecorino, Joseph) |
| Minute Entry for proceedings held before Judge Kimba M. Wood : Interim Pretrial Conference held on 12/5/2003. Counsel for plaitiffs, Daniel Perez and Norman Siegel are present. Counsel for defendants, Christine Burgess and Fran Obeid are present. (Court Reporter Tom Murray)Discovery and document production are discussed. Next Pretrial Conference set for 12/15/2003 09:30 AM before Judge Kimba M. Wood. Prior to conference, counsel for defendants shall work with Rosemary DeBellis, hed of the Special Litigation Support Unit of the NYPD, and visit to the location where the requested documents are kept, determine how many documents there are and how they are filed and maintained. Defendant counsel are then to discuss with plaintiff counsel what is to be produced. In the event that Ms. DeBellis is unable to provide the necessary support to defendant counsel to be prepared for the conference, Ms. DeBellis should appear at the conference to explain the reason. Parties are required to fax a joint letter or separate letters to the Court no later than noon on December 12, 2003, notifying the Court of the current status of discovery. (jeh, ) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Terence Monahan served on 11/15/2003, answer due 12/5/2003. Service was accepted by P.O. Rosario shield #27988. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (Lewis, Diahann) |
| AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Anthony Bologna served on 11/17/2003, answer due 12/8/2003. Service was accepted by P.O. Louie #13986. Document filed by Adrianne "Ace" Allen ; Glenn Brightwell ; Ryan Calabrese ; Nancy Draper ; Jarrett Farmer ; Mary Finelli ; Craig Kravitz ; Teri Lee ; Carol Marcus ; Carol Moon ; Robin Peel ; Clarissa Peterson ; Cary Rubin ; Vermin Love Supreme! ; Steffany Yamada ; Sarah Young. (Lewis, Diahann) |
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Filing 14
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Gabriel W. Gorenstein . ( signed by Judge Kimba M. Wood ) (rag)
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| Filing 13 AMENDED COMPLAINT by Adrianne "Ace" Allen, Glenn Brightwell, Ryan Calabrese, Nancy Draper, Jarrett Farmer, Mary Finelli, Craig Kravitz, Teri Lee, Carol Marcus, Carol Moon, Robin Peel, Clarissa Peterson, Cary Rubin, Vermin Love Supreme!, Sarah Young, Steffany Yamada (Answer due 11/24/03 for John Does, for William Wallace, for Javier Veloz, for Maurico Rosales, for Yahaira Rodriguez, for Miguel Murphy, for Maria Maldonado, for Robert Lofrese, for Mark John, for Danny Guzman, for Frank Demaria, for Manuel Cumba, for Wayne Chin, for Joseph Callahan, for Vanessa Bragg, for Thomas Lawrence, for City of New York ) amending [1-1] complaint ; Summons issued. Jury Trial Demanded. (dle) |
| Filing 12 Memo-Endorsement on letter addressed to Judge Wood from Christine C. Burgess, dated 10/22/03. Counsel for defendants request that a discovery conference be scheduled by the Court some time after 11/14/03. Based on these representations, including the one re: 26(a)(1), the Court extends the 10/27/03 deadline to 12/5/03. On 12/5/03, the Court will hold a status conference at 9:45 a.m. in Courtroom 15-B . ( signed by Judge Kimba M. Wood ); Copies faxed by Chambers. (sb) |
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Filing 11
Memo-Endorsement on letter addressed to Judge Wood from Daniel M. Perez, dated 10/20/03. Scheduling order is amended as requested. Plaintiffs is permitted to amend the complaint to add parties three weeks from the date they receive from defendants initial disclosures and responses to plaintiffs' demands and interrogatories. Defendants are hereby directed to respond to plaintiff's discovery demands no later than 10/27/03. On that same date, defense counsel shall fax a letter to this Court (805-7900) explaining in detail the cause(s) for delay and failure even to respond . ( signed by Judge Kimba M. Wood ); Copies faxed by chambers. (kw)
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| Filing 10 Memo-Endorsement on letter addressed to Kimba M. Wood from Daniel M. Perez, dated 9/30/03; reset amended pleadings due for 11/3/03 . ( signed by Judge Kimba M. Wood ); (pl) |
| Filing 9 RETURN OF SERVICE of summons and complaint executed as to Joseph Callahan by first class mail on 9/10/03 . Answer due on 9/30/03 for Joseph Callahan . (db) |
| Filing 8 DEMAND for jury trial by City of New York, Vanessa Bragg, Wayne Chin, Frank Demaria, Robert Lofrese, Maria Maldonado, Yahaira Rodriguez, Maurico Rosales, William Wallace. (jco) |
| Filing 7 AFFIDAVIT OF SERVICE of Plaintiff's First Set of Interrogatories upon ACC Christine Burgess, c/o Office of Corporation Counsel by USPS on 6/19/03. (tp) |
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Filing 6
SCHEDULING ORDER: No additional parties may be joined after 10/1/03. No additional causes of action or defenses may be asserted after 10/1/03. All discovery shall be commenced in time to be completed by 2/1/04. No motions shall be filed or heard after 2/15/04. A joint pre-trial order shall be submitted by 3/15/03. The parties shall be ready for trial on or after 3/15/04. Estimated trial time is 2 weeks by jury. Other deadlines set forth on this scheduling order. ( signed by Judge Kimba M. Wood ); Copies mailed by Chambers. (sb)
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| Filing 5 AFFIDAVIT OF SERVICE of Rule 26(a) disclosures on Christine Burgess, Office of the Corporation Counsel on 6/5/03. (djc) |
| Filing 4 AFFIDAVIT OF SERVICE of summons and complaint as to Danny Guzman, Yahaira Rodriguez by Sgt. McAndrew (Shield No. 1342) on 5/13/03. Answer due on 6/2/03 for Danny Guzman, for Yahaira Rodriguez. (jco) |
| Filing 3 Memo-Endorsement on letter addressed to Judge Wood from Christine C. Burgess, dated 5/9/03. Reset answer to complaint due for 7/13/03 for City of New York . ( signed by Judge Kimba M. Wood ); Copies mailed by chambers. (kw) Modified on 05/20/2003 |
| Filing 2 RETURN OF SERVICE of summons and complaint executed as to City of New York by Linda Lawyer on 4/23/03 . Answer due on 5/13/03 for City of New York . (sb) |
| Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 471752. (gf) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (gf) |
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