Schoolcraft v. The City Of New York et al Featured Case

Plaintiff Adrian Schoolcraft alleged that Defendants high ranking officials within the New York City Police Department (NYPD) attempted to silence, intimidate, threaten and retaliate against plaintiff for his documentation and disclosure of corruption with the NYPD.

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Plaintiff: Adrian Schoolcraft
Defendant: The City Of New York, Michael Marino, Gerald Nelson, Steven Mauriello, Theodore Lauterborn, Joseph Goff, Frederick Sawyer, Kurt Duncan, Christopher Broschart, Timothy Caughey, Shantel James, John Doe # 1-50, Jamaica Hospital Medical Center, Isak Isakov, Lillian Aldana-Bernier and Jamaica Hospital Medical Center Employee's "John Doe" #1-50
Case Number: 1:2010cv06005
Filed: August 10, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Fulton
Presiding Judge: Unassigned
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2016 Terminate Transcript Deadlines (tn)
December 21, 2016 Opinion or Order Filing 673 ORDER: Graham Rayman, a non-party journalist who was moved to compel certain documents related to this matter, is incorrectly listed as a defendant to the action. The Clerk of the Court is directed to designate Mr. Rayman as a respondent instead of as a defendant and to close this case as there are no remaining defendants. (Signed by Judge Robert W. Sweet on 12/20/2016) (tn) Modified on 12/21/2016 (tn).
November 17, 2016 Filing 672 RESPONSE in Opposition to Motion re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES. Surreply in Support of City's Opposition to Motion for Reconsideration. Document filed by The City Of New York. (Attachments: # 1 Affidavit Declaration of Judith Bronsther, # 2 Exhibit Exhibit A to Brosnther Dec., # 3 Exhibit Exhibit B to Bronsther Dec., # 4 Exhibit Exhibit C to Bronsther Dec., # 5 Exhibit Exhibit D to Bronsther Dec., # 6 Exhibit Exhibit E to Bronsther Dec.)(Scheiner, Alan)
November 15, 2016 Opinion or Order Filing 671 AMENDED CONSENT DECREE: IT IS HEREBY ORDERED AND DECREED THAT: 1. It is judicially determined that the records of the involuntary admission of Adrian Schoolcraft at Jamaica Hospital Medical Center from October 31, 2009 to November 6, 2009 are hereby expunged and sealed, and it is judicially determined that the involuntary admission of Adrian Schoolcraft at Jamaica Hospital is a nullity and cannot be used to restrict or limit his civil rights. 2. This Order is binding solely upon the plaintiff and Jamaica Hospital Medical Center, Dr. Isak Isakov, and Dr. Lilian Adana-Bernier, and the rights and obligations of any other parties to this action, or any other persons, are unaffected by this Order. Motions terminated: 669 MOTION to Amend/Correct Submitting Proposed Amended Consent Decree Pursuant to Court Order of October 27, 2016. filed by The City Of New York. (Signed by Judge Robert W. Sweet on 11/15/2016) (cf)
November 15, 2016 Filing 670 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated November 15, 2016 re: 669 MOTION to Amend/Correct Submitting Proposed Amended Consent Decree Pursuant to Court Order of October 27, 2016. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
November 14, 2016 Filing 669 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct Submitting Proposed Amended Consent Decree Pursuant to Court Order of October 27, 2016. Document filed by The City Of New York. (Attachments: # 1 Text of Proposed Order Proposed Amended Consent Decree)(Scheiner, Alan) Modified on 11/22/2016 (ldi).
November 10, 2016 Opinion or Order Filing 668 ORDER granting 667 Letter Motion for Leave to File Document. So ordered. (Signed by Judge Robert W. Sweet on 11/10/2016) (lmb)
November 9, 2016 Filing 667 LETTER MOTION for Leave to File Surreply in Opposition to Plaintiff's Motions for Reconsideration of the Court's Fee Award addressed to Judge Robert W. Sweet from Alan H. Scheiner dated November 9, 2016. Document filed by The City Of New York.(Scheiner, Alan)
October 28, 2016 Filing 666 REPLY MEMORANDUM OF LAW in Support re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES. . Document filed by Adrian Schoolcraft. (Norinsberg, Jon)
October 28, 2016 Filing 665 REPLY AFFIRMATION of Nathaniel B. Smith in Support re: 644 MOTION for Reconsideration .. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
October 28, 2016 Filing 664 REPLY MEMORANDUM OF LAW in Support re: 652 MOTION for Reconsideration . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
October 27, 2016 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/27/2016 re: 658 LETTER MOTION to Reopen re: 655 Order, Requesting that the Court Clarify Consent Decree to Limit Effect of Decree to Medical Defendants, Pursuant to Local Rule 6.3 and F.R.C.P. 59 and 60, addressed to Judge Robert W. Sweet from Alan H filed by The City Of New York. City to submit an order to clarify. (Chan, Tsz)
October 26, 2016 Filing 663 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated October 26, 2016 re: 658 LETTER MOTION to Reopen re: 655 Order, Requesting that the Court Clarify Consent Decree to Limit Effect of Decree to Medical Defendants, Pursuant to Local Rule 6.3 and F.R.C.P. 59 and 60, addressed to Judge Robert W. Sweet from Alan H . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
October 21, 2016 Filing 662 DECLARATION of Alan H. Scheiner in Opposition re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES.. Document filed by The City Of New York. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Scheiner, Alan)
October 21, 2016 Filing 661 MEMORANDUM OF LAW in Opposition re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES. . Document filed by The City Of New York. (Scheiner, Alan)
October 20, 2016 Opinion or Order Filing 660 ORDER. The City of New York's letter filed October 17, 2016 shall be treated as a motion for clarification and heard at noon on October 27, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 10/27/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/19/2016) (rjm)
October 19, 2016 Filing 659 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action is hereby dismissed with prejudice as to defendant LILIAN ALDANA-BERNIER, without costs to any party against the other. Lillian Aldana-Bernier (Individually and in her official capacity) terminated. (Signed by Judge Robert W. Sweet on 10/12/2016) (mro)
October 17, 2016 Filing 658 LETTER MOTION to Reopen re: 655 Order, Requesting that the Court Clarify Consent Decree to Limit Effect of Decree to Medical Defendants, Pursuant to Local Rule 6.3 and F.R.C.P. 59 and 60, addressed to Judge Robert W. Sweet from Alan H. Scheiner dated October 17, 2016. Document filed by The City Of New York.(Scheiner, Alan)
October 13, 2016 Filing 657 STIPULATION OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action is hereby discontinued with prejudice as to Defendant Dr. Isak Isakov, without costs to any party as against the other, and as further set forth in this Stipulation of Dismissal with Prejudice. Isak Isakov (Individually and in his official Capacity) terminated. (Signed by Judge Robert W. Sweet on 10/12/2016) (rjm).
October 11, 2016 Opinion or Order Filing 656 ORDER re: 648 Response to Motion, filed by Adrian Schoolcraft: Plaintiff's letter dated September 22, 2016 shall be treated as a motion and taken on submission due October 21, 2016. All papers shall be served in accordance with the previously established briefing schedule. (Signed by Judge Robert W. Sweet on 10/7/2016) (tn)
October 6, 2016 Opinion or Order Filing 655 CONSENT DECREE. IT IS HEREBY ORDERED AND DECREED THAT: It is judicially determined that the records of the involuntary admission of Adrian Schoolcraft at Jamaica Hospital Medical Center from October 31, 2009 to November 6, 2009 are hereby expunged and sealed, and is judicially determined that the involuntary admission of Adrian Schoolcraft at Jamaica Hospital is a nullity and cannot be used to restrict or limit his civil rights in any way. (Signed by Judge Robert W. Sweet on 10/6/2016) (rjm)
October 6, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 652 MOTION for Reconsideration . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
October 6, 2016 Transmission to Sealed Records Clerk. Transmitted re: 655 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
October 5, 2016 Filing 654 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated October 5, 2016 re: Consent Decree. Document filed by Adrian Schoolcraft. (Attachments: # 1 Text of Proposed Order)(Smith, Nathaniel)
October 5, 2016 Filing 653 NOTICE of Stipulation of Dismissal. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
October 5, 2016 Filing 652 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration . Document filed by Adrian Schoolcraft. (Attachments: # 1 Affidavit Smith Declaration, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3)(Smith, Nathaniel) Modified on 10/6/2016 (db).
October 5, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 645 Memorandum of Law in Support of Motion. ERROR(S): Document(s) linked to filing error(s). (db)
October 5, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 644 MOTION for Reconsideration . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
September 29, 2016 Filing 651 LETTER RESPONSE in Support of Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated September 29, 2016 re: 647 LETTER MOTION for Extension of Time to File Response/Reply to Motions for Reconsideration, Submitting Additional Information in Support addressed to Judge Robert W. Sweet from Alan H. Scheiner dated September 22, 2016. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
September 29, 2016 Filing 650 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 09/29/2016 re: Response to Plaintiff's Request in Letter of 9/22/2016. Document filed by The City Of New York.(Scheiner, Alan)
September 23, 2016 Opinion or Order Filing 649 ORDER granting 647 Letter Motion for Extension of Time to File Response/Reply. So ordered. Responses due by 10/21/2016. (Signed by Judge Robert W. Sweet on 9/23/2016) (lmb)
September 23, 2016 Filing 648 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated September 22, 2016 re: 647 LETTER MOTION for Extension of Time to File Response/Reply to Motions for Reconsideration, Submitting Additional Information in Support addressed to Judge Robert W. Sweet from Alan H. Scheiner dated September 22, 2016. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
September 22, 2016 Filing 647 LETTER MOTION for Extension of Time to File Response/Reply to Motions for Reconsideration, Submitting Additional Information in Support addressed to Judge Robert W. Sweet from Alan H. Scheiner dated September 22, 2016. Document filed by The City Of New York.(Scheiner, Alan)
September 19, 2016 Opinion or Order Filing 646 ORDER re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion, THE COURTS ORDER ON ATTORNEYS FEES filed by Adrian Schoolcraft: Plaintiff's motion for reconsideration, filed September 16, 2016, shall be submitted at noon on Thursday, September 29, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the previously established briefing schedule. (Signed by Judge Robert W. Sweet on 9/19/2016) (tn)
September 16, 2016 Filing 645 MEMORANDUM OF LAW in Support re: 644 MOTION for Reconsideration . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
September 16, 2016 Filing 644 MOTION for Reconsideration . Document filed by Adrian Schoolcraft. (Attachments: # 1 Affidavit, # 2 Exhibit Exh. 1 - Chart of Hours, # 3 Exhibit Exh. 2 - Expert Report Excerpts, # 4 Exhibit Exh. 3 - City Proposed Rates Chart)(Smith, Nathaniel)
September 14, 2016 Filing 643 DECLARATION of Jon Norinsberg in Support re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cohen, Gerald)
September 14, 2016 Filing 642 MEMORANDUM OF LAW in Support re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES. for Jon Norinsberg, and Cohen & Fitch LLP. Document filed by Adrian Schoolcraft. (Cohen, Gerald)
September 14, 2016 Filing 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES. Document filed by Adrian Schoolcraft. Return Date set for 10/6/2016 at 12:00 PM.(Cohen, Gerald)
September 9, 2016 Filing 640 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action is hereby discontinued with prejudice as to Defendant JAMAICA HOSPITAL MEDICAL CENTER, without costs to any party as against the other. Jamaica Hospital Medical Center Employee's "John Doe" #1-50 (in their official capacity ( the name John Doe being fictitious as the true names are presently unknown)), Jamaica Hospital Medical Center and Jamaica Hospital Medical Center Employee's "John Doe" # 1-50 (Individually) terminated. (Signed by Judge Robert W. Sweet on 9/8/2016) (kl)
September 8, 2016 ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Brian Osterman to E-MAIL Document No. 639 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km)
September 7, 2016 Filing 639 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Jamaica Hospital Medical Center pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian) Modified on 9/8/2016 (km).
September 6, 2016 Opinion or Order Filing 638 OPINION #106703. Based on the conclusions set forth above, Plaintiff's motion for attorney's fees and costs are granted in part and denied in part, Plaintiff's motion to strike is granted in part and denied in part, and Defendant's motion to strike is denied. The Norinsberg, Smith, and Cohen & Fitch teams are awarded a total of $1,046,777.59 and Levine, Gilbert, and Gleason are awarded a total of $46,880.45 as set forth above. Plaintiff's counsel is therefore awarded $1,093,658.04 in attorney's fees and costs. It is so ordered. re: 628 FIRST MOTION for Extension of Time to File Reply Affirmation of Richard A. Gilbert filed by Adrian Schoolcraft, 559 MOTION for Attorney Fees , Costs and Disbursements filed by Adrian Schoolcraft, 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq. filed by Adrian Schoolcraft. (Signed by Judge Robert W. Sweet on 9/1/2016) (rjm) Modified on 9/7/2016 (ca). (Main Document 638 replaced on 9/9/2016) (ca).
July 25, 2016 Opinion or Order Filing 637 ORDER: The Clerk of Court is directed to seal ECF No. 395. (Signed by Judge Robert W. Sweet on 7/25/2016) (cf)
July 25, 2016 Transmission to Sealed Records Clerk. Transmitted re: 637 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf)
May 12, 2016 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 5/12/2016 re: 559 MOTION for Attorney Fees Costs and Disbursements filed by Adrian Schoolcraft. Decision Reserved. (Chan, Tsz)
May 12, 2016 Filing 636 DECLARATION of Nathaniel B. SMith in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
May 11, 2016 Filing 635 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated May 11, 2016 re: Supplemental Submission in Response to Plaintiff's Filing of May 10, 2016 and Request to Reconsider Denia of Prior Request for Adjournment in Light of Plaintiff's Additional Submission. Document filed by The City Of New York. (Attachments: # 1 Exhibit Exhbiti A Analysis By The California State Bar Committee on Mandatory Fee Arbitration March 25, 2016)(Scheiner, Alan)
May 11, 2016 Filing 634 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated May 10, 2016 re: Motion to Strike Plaintiff's Multiple and Oversize "Reply" of May 10, 2016. Document filed by The City Of New York.(Scheiner, Alan)
May 11, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Howard Scheiner to RE-FILE Document 633 MOTION to Strike Document No. 631 As PRocedurally Improper Due to Multiple Submissions and Excessive Pages. Use the event type Letter found under the event list Other Documents. (db)
May 10, 2016 Filing 633 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. 631 As PRocedurally Improper Due to Multiple Submissions and Excessive Pages. Document filed by The City Of New York.(Scheiner, Alan) Modified on 5/11/2016 (db).
May 10, 2016 Filing 632 MEMORANDUM OF LAW in Opposition re: 559 MOTION for Attorney Fees , Costs and Disbursements., 564 FINAL MOTION for Attorney Fees Levine &. Surreply Memorandum of Law With Leave of Court. Document filed by The City Of New York. (Scheiner, Alan)
May 10, 2016 Filing 631 LETTER REPLY to Response to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated May 9, 2016 re: 559 MOTION for Attorney Fees , Costs and Disbursements. . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Bronsther Report in Prospect Capital, # 2 Exhibit Prospect Capital Decision)(Smith, Nathaniel)
May 6, 2016 Filing 630 LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated May 6, 2016 re: Reply to Defendants' Opposition to Plaintiff's Motion to Strike the Expert Report, Opinion and Testimony of Judith Bronsther. Document filed by Adrian Schoolcraft.(Cohen, Gerald)
May 4, 2016 Filing 629 ENDORSED LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 5/3/2016 re: Request to adjourn argument. ENDORSEMENT: Adjournment of argument denied. Surreply permitted. (Signed by Judge Robert W. Sweet on 5/4/2016) (spo)
May 3, 2016 Filing 628 FIRST MOTION for Extension of Time to File Reply Affirmation of Richard A. Gilbert. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Reply Affirmation of Richard A. Gilbert)(Gilbert, Richard)
May 3, 2016 Filing 627 MEMORANDUM OF LAW in Opposition re: 601 MOTION to Strike Document No. [598-2, 598-3, 598-4] the expert report, opinion and testimony of Judith Bronsther in connection with defendants' opposition to plaintiff's fee application. With Supporting Declaration of Judith A. Bronsther. Document filed by The City Of New York. (Attachments: # 1 Affidavit Declaration of Judith A. Bronsther in Support of Opposition to Motion to Strike)(Scheiner, Alan)
May 3, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard A. Gilbert to RE-FILE Document 626 FIRST LETTER MOTION for Leave to File reply affirmation of Richard A. Gilbert addressed to Judge Robert W. Sweet from Richard Gilbert dated May 2, 2016. Use the event type Extension of Time to File Document found under the event list Motion (Letter). (db)
May 2, 2016 Filing 626 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Leave to File reply affirmation of Richard A. Gilbert addressed to Judge Robert W. Sweet from Richard Gilbert dated May 2, 2016. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit reply affirmation of Richard A. Gilbert)(Gilbert, Richard) Modified on 5/3/2016 (db).
April 29, 2016 Filing 625 DECLARATION of Reply Declaration of Joshua Fitch in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Ex. A - note from Kin mar Lwin, # 2 Exhibit Ex. B - Portions of Patel Deposition, # 3 Exhibit Ex. C - Portions of Bernier Deposition, # 4 Exhibit Ex. D - note from Khuso Tariq, # 5 Exhibit Ex. E - Portions of Lwin Deposition, # 6 Exhibit Ex. F - Report of Frank Dowling, # 7 Exhibit Ex. G - Report of Tancredi, # 8 Exhibit Ex. H - Report of Levy, # 9 Exhibit Ex. I - Report of Lubit, # 10 Exhibit Ex. J - Portion of Sawyer Deposition, # 11 Exhibit Ex. K - Section of Hospital Chart, # 12 Exhibit Ex L - Section of Hospital Chart, # 13 Exhibit Ex. M - Sgt. Chu Summary, # 14 Exhibit Ex. N - Sgt. Chu Interview, # 15 Exhibit Ex. O - Portion of Isakov JPTO, # 16 Exhibit Ex. P - Portions of Lamstein Deposition, # 17 Exhibit Ex. Q - Various Emails to and from defense counsel (redacted), # 18 Exhibit Ex. R - Various Emails (redacted), # 19 Exhibit Ex. S - Paid invoices)(Fitch, Joshua)
April 29, 2016 Filing 624 REPLY MEMORANDUM OF LAW in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements. . Document filed by Adrian Schoolcraft. (Fitch, Joshua)
April 29, 2016 Filing 623 REPLY AFFIRMATION of John Lenoir in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
April 29, 2016 Filing 622 REPLY AFFIRMATION of Howard Suckle in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
April 29, 2016 Filing 621 REPLY AFFIRMATION of Nathaniel B. SMith in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Smith Reply Exh 1 - witness lists, # 2 Exhibit Smith Reply Exh 2 - cover, # 3 Exhibit Smith Reply Exh 3 - original time sheets)(Smith, Nathaniel)
April 29, 2016 Filing 620 REPLY MEMORANDUM OF LAW in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
April 27, 2016 Filing 619 LETTER addressed to Judge Robert W. Sweet from Gerald M. Cohen dated April 27, 2016 re: Response to Defendants letter requesting set page limits and limiting Plaintiff to one Reply Memorandum of Law for all counsel. Document filed by Adrian Schoolcraft.(Cohen, Gerald)
April 27, 2016 Filing 618 LETTER addressed to Judge Robert W. Sweet from Cheryl L. Shammas dated April 27, 2016 re: Response to Plaintiffs letter dated April 11, 2016 (filed via ECF on April 27, 2016) concerning the scope and size of his Reply Memorandum. Document filed by The City Of New York.(Shammas, Cheryl)
April 26, 2016 Filing 617 LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch on behalf of all plaintiff's counsel dated April 26, 2016 re: Permission to file an oversized Reply Memorandum of Law. Document filed by Adrian Schoolcraft.(Fitch, Joshua)
April 20, 2016 Filing 616 MEMO ENDORSEMENT on re: 615 Letter re: Seeking clarification of Court's April 19, 2016 Order, filed by Adrian Schoolcraft. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 4/20/2016) (spo)
April 19, 2016 Filing 615 LETTER addressed to Judge Robert W. Sweet from Jon L. Norinsberg dated April 19, 2016 re: seeking clarification of Court's April 19, 2016 Order. Document filed by Adrian Schoolcraft.(Norinsberg, Jon)
April 19, 2016 Opinion or Order Filing 614 ORDER granting 613 Letter Motion for Extension of Time to File Reply. Adjourned to 5/12, reply due 4/22. So ordered. (Signed by Judge Robert W. Sweet on 4/18/2016) (spo)
April 18, 2016 Filing 613 CONSENT LETTER MOTION for Extension of Time to File Reply brief on pending fee application addressed to Judge Robert W. Sweet from Jon L. Norinsberg dated April 18, 2016. Document filed by Adrian Schoolcraft.(Norinsberg, Jon)
April 15, 2016 Opinion or Order Filing 612 ORDER granting 611 Letter Motion to Adjourn Conference. Advanced to May 4 at noon. (Signed by Judge Robert W. Sweet on 4/15/2016) (cf)
April 15, 2016 Filing 611 LETTER MOTION to Adjourn Conference to earlier date, addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated April 15, 2016. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
April 15, 2016 Set/Reset Deadlines as to Motion Hearing set for 5/4/2016 at 12:00 PM before Judge Robert W. Sweet. (cf)
April 14, 2016 Opinion or Order Filing 610 ORDER: Plaintiff's letter seeking to strike the Declaration and Report of Judith Bronsther, Esq. shall be treated as a motion and heard with Plaintiff's fee applications at noon on Thursday, May 5, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Reply papers regarding the fee applications shall be served in accordance with the previously established briefing schedule. Defendant's opposition to the motion to strike shall be served on or before May 3, 2016. ( Responses due by 5/3/2016, Motion Hearing set for 5/5/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/14/2016) (mro)
April 13, 2016 Filing 609 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated April 13, 2016 re: 607 LETTER MOTION to Adjourn Conference In Light of City Counsel's Vacation and to Set a Briefing Schedule on Plaintiff's Letter Application to Strike addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 13, 2016. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
April 13, 2016 Filing 608 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 13, 2016 re: Requested Correction. Document filed by The City Of New York. (Attachments: # 1 Exhibit Corrected Exhibit DD)(Scheiner, Alan)
April 13, 2016 Filing 607 LETTER MOTION to Adjourn Conference In Light of City Counsel's Vacation and to Set a Briefing Schedule on Plaintiff's Letter Application to Strike addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 13, 2016. Document filed by The City Of New York.(Scheiner, Alan)
April 12, 2016 Filing 606 MEMO ENDORSEMENT on re: 604 Letter, filed by The City Of New York. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 4/12/2016) (cf)
April 12, 2016 Filing 605 LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated April 11, 2016 re: MOTION to Strike Document Nos. [598-2, 598-3, 598-4] the expert report, opinion and testimony of Judith Bronsther in connection with defendants' opposition to plaintiff's fee application. Document filed by Adrian Schoolcraft.(Cohen, Gerald)
April 12, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gerald M. Cohen to RE-FILE Document 601 MOTION to Strike Document No. [598-2, 598-3, 598-4] the expert report, opinion and testimony of Judith Bronsther in connection with defendants' opposition to plaintiff's fee application. Use the event type Letter found under the event list Other Documents. (db)
April 11, 2016 Filing 604 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 11, 2016 re: Resubmission for clarity fo the record of Exhibit EE Previously Filed as Document No. 598-29. Document filed by The City Of New York. (Attachments: # 1 Exhibit Exhibit EE)(Scheiner, Alan)
April 11, 2016 Filing 603 ENDORSED LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 4/11/2016 re: Request to submit Declaration. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 4/11/2016) (spo)
April 11, 2016 Opinion or Order Filing 602 ORDER: Plaintiff's fee application shall be heard at noon on Thursday, April 28, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Reply papers shall be filed in accordance with the previously established briefing schedule. (Motion Hearing set for 4/28/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/11/2016) (spo)
April 11, 2016 Filing 601 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. [598-2, 598-3, 598-4] the expert report, opinion and testimony of Judith Bronsther in connection with defendants' opposition to plaintiff's fee application. Document filed by Adrian Schoolcraft.(Cohen, Gerald) Modified on 4/12/2016 (db).
April 11, 2016 Filing 600 DECLARATION of Alan H Scheiner in Opposition re: 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.., 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by The City Of New York. (Attachments: # 1 Affidavit Declaration of Alan H Scheiner Previously Filed April 8, 2016, # 2 Exhibit Exhibit A, # 3 Exhibit Ex A-1, # 4 Exhibit Ex A-2, # 5 Exhibit Ex B, # 6 Exhibit Ex C, # 7 Exhibit Ec D, # 8 Exhibit Ex E, # 9 Exhibit Ex F, # 10 Exhibit Ex G, # 11 Supplement Ex H, # 12 Exhibit Ex I, # 13 Exhibit Ex J, # 14 Exhibit Ex K, # 15 Exhibit Ex L, # 16 Exhibit Ex M, # 17 Exhibit Ex N, # 18 Exhibit Ex O, # 19 Exhibit Ex P, # 20 Exhibit Ex Q, # 21 Exhibit Ex R, # 22 Exhibit Ex S, # 23 Exhibit Ex T, # 24 Exhibit Ex U, # 25 Exhibit Ex V, # 26 Exhibit Ex X, # 27 Exhibit Ex Y, # 28 Exhibit Ex Z, # 29 Exhibit Ex AA, # 30 Exhibit Ex BB, # 31 Exhibit Ex CC, # 32 Exhibit Ex DD)(Scheiner, Alan)
April 11, 2016 Opinion or Order Filing 599 ORDER denying as moot 589 Letter Motion for Conference in light of Dkt 591. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
April 8, 2016 Filing 598 DECLARATION of Alan H. Scheiner in Opposition re: 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.., 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by The City Of New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit)(Scheiner, Alan)
April 8, 2016 Filing 597 MEMORANDUM OF LAW in Opposition re: 559 MOTION for Attorney Fees , Costs and Disbursements., 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.. . Document filed by The City Of New York. (Scheiner, Alan)
April 7, 2016 Filing 596 ENDORSED LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 4/6/2016 re: Permission to file an oversized Memorandum of Law. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 4/6/2016) (cf)
March 29, 2016 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/29/2016. (aba)
March 22, 2016 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 3/22/2016, ( Telephone Conference set for 3/29/2016 at 09:30 AM before Magistrate Judge Debra C. Freeman). (aba)
March 17, 2016 Filing 595 LETTER addressed to Magistrate Judge Debra C. Freeman from Alan H.Scheiner dated March 17, 2016 re: Enlargement of Page Limits for Settlement Conference Submission, Email Submissions and Electronic Device Order. Document filed by The City Of New York. (Attachments: # 1 Text of Proposed Order Proposed Electronic Devices Order)(Scheiner, Alan)
March 11, 2016 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/11/2016, ( Settlement Conference set for 3/22/2016 at 01:30 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman.). (aba)
March 8, 2016 Filing 594 AFFIRMATION of Richard A. Gilbert in Opposition re: 588 LETTER MOTION for Extension of Time to Submit Opposition to Fee Application in Light of Court's Order of February 26, 2016 addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 29, 2016. LETTER MOTION for Conference with Magistrate Judge Freeman addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 29, 2016.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit LG-Schoolcraft retainer, # 2 Exhibit LF-JN File transfer correspondence, # 3 Exhibit Schoolcraft Declaration)(Gilbert, Richard)
March 3, 2016 Opinion or Order Filing 592 ORDER striking 589 Letter Motion for Extension of Time as duplicative of Dkt. 588. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
March 2, 2016 Opinion or Order Filing 593 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement/Fee motions, Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Robert W. Sweet on 3/2/2016) (spo)
March 2, 2016 MOTIONS REFERRED: 559 MOTION for Attorney Fees , Costs and Disbursements. 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.. 563 LETTER MOTION for Extension of Time to February 29, 2016 to Respond to Motion for Fees and Expenses addressed to Judge Robert W. Sweet from Alan H Scheiner dated December 18, 2015. 589 LETTER MOTION for Extension of Time to Submit Opposition to Fee Application in Light of Order of February 26, 2016 addressed to Magistrate Judge Debra C. Freeman from Alan H. Scheiner dated February 29, 2016. LETTER MOTION for Conference to Discuss Settlement addressed to Magistrate Judge Debra C. Freeman from Alan H. Scheiner dated February 29, 2016. Motions referred to Debra C. Freeman. (spo)
March 2, 2016 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/2/2016, ( Settlement Conference set for 3/22/2016 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman., Telephone Conference set for 3/11/2016 at 01:00 PM before Magistrate Judge Debra C. Freeman.). (aba)
March 2, 2016 Opinion or Order Filing 591 ORDER granting 588 Letter Motion for Extension of Time; granting 588 Letter Motion for Conference. 1. As per the Court's Opinion dated February 21, 2016 and filed February 25, 2016, Levine, Gilbert, and Peter J. Gleason are directed to submit proof of standing by March 10, 2016. Any opposition to such proof, if filed, may be raised in Defendant's Opposition to Plaintiff's fee application(s) and will be resolved on the merits of the fee application(s). 2. Oral argument currently scheduled for March 17, 2016 is hereby adjourned to permit adequate time for Magistrate Judge Freeman to confer with counsel, schedule, and hold a settlement conference as set out in the Court's February 21, 2016 Opinion. 3. In the event no resolution is reached at the settlement conference, The City's Opposition to the fee application(s), including Opposition to any submitted standing submission, shall be due 7 days after the date of the conference. Reply papers shall be due 14 days after the date of the conference. The parties are directed to jointly notify the Court upon failure to reach a resolution so an appropriate hearing date may be set. (Signed by Judge Robert W. Sweet on 3/2/2016) (spo) Modified on 3/3/2016 (spo).
March 2, 2016 Filing 590 LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated March 2, 2016 re: 589 LETTER MOTION for Extension of Time to Submit Opposition to Fee Application in Light of Order of February 26, 2016 addressed to Magistrate Judge Debra C. Freeman from Alan H. Scheiner dated February 29, 2016. LETTER MOTION for Conference to Discuss Settlement addressed to Magistrate Judge Debra C. Freeman from Alan H. Scheiner dated February 29, 2016. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
February 29, 2016 Filing 589 LETTER MOTION for Extension of Time to Submit Opposition to Fee Application in Light of Order of February 26, 2016 addressed to Magistrate Judge Debra C. Freeman from Alan H. Scheiner dated February 29, 2016., LETTER MOTION for Conference to Discuss Settlement addressed to Magistrate Judge Debra C. Freeman from Alan H. Scheiner dated February 29, 2016. Document filed by The City Of New York.(Scheiner, Alan)
February 29, 2016 Filing 588 LETTER MOTION for Extension of Time to Submit Opposition to Fee Application in Light of Court's Order of February 26, 2016 addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 29, 2016., LETTER MOTION for Conference with Magistrate Judge Freeman addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 29, 2016. Document filed by The City Of New York.(Scheiner, Alan)
February 29, 2016 Filing 587 MEMO ENDORSEMENT on re: 585 Letter re: Application For Extension of Time For City to Respond to Fee Application to March 10, 2016 Upon Consent, filed by The City Of New York. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/21/2016) (spo)
February 25, 2016 Opinion or Order Filing 586 OPINION #106234: Based on the facts and conclusions set forth above, Gilbert & Levine and Peter J. Gleason are ordered to produce evidence of their standing to file a fee application on Plaintiff's behalf within fourteen days of the filing of this opinion. In the event no evidence of standing is produced within fourteen days, the Levine & Gilbert and Gleason applications and related filings will be stricken from the record by operation of this opinion. The request to order Plaintiff's counsel to produce electronic fee records is denied. This matter is further referred to the designated Magistrate Judge Debra C. Freeman for conference related to settlement of the pending fee motions. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 2/21/2016) (spo) Modified on 3/1/2016 (ca).
February 17, 2016 Filing 585 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 17, 2016 re: Application For Extension of Time For City to Respond to Fee Application to March 10, 2016 Upon Consent. Document filed by The City Of New York.(Scheiner, Alan)
February 11, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard A. Gilbert to RE-FILE Document 584 Response to Motion. Use the event type Letter found under the event list Other Documents. (db)
February 11, 2016 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 2/11/2016 re: 576 Letter, filed by The City Of New York. Decision reserved. (Chan, Tsz)
February 10, 2016 Filing 584 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Richard A. Gilbert dated February 5, 2016 re: 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.. . Document filed by Adrian Schoolcraft. (Gilbert, Richard) Modified on 2/11/2016 (db).
February 10, 2016 Filing 583 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 02/08/2016 re: Reply to Opposition Letter Filed by Richard A. Gilbert on the Issue of Standing. Document filed by The City Of New York.(Scheiner, Alan)
February 5, 2016 Opinion or Order Filing 582 ORDER: All motions for attorney's fees and costs in this matter, previously scheduled to be heard March 10, 2016, shall instead be heard at noon on Thursday, March 17, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the previously established briefing schedule. (Motion Hearing set for 3/17/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 2/5/2016) (spo)
February 5, 2016 Filing 581 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 5, 2016 re: Supplemental Reply in Support of Motion for Discovery. Document filed by The City Of New York. (Attachments: # 1 Exhibit Transcript of Hearing)(Scheiner, Alan)
February 5, 2016 Filing 580 LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated February 5, 2016 Document filed by Adrian Schoolcraft.(Cohen, Gerald)
February 2, 2016 Filing 579 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated February 2, 2016 re: Reply Letter in Support of Application. Document filed by The City Of New York.(Scheiner, Alan)
February 1, 2016 Opinion or Order Filing 578 ORDER: With regard to Respondent City of New York's letter dated January 28, 2016, the letter shall be treated as a motion and heard at noon on February 11, 2016. (Set Deadlines/Hearing as to Motion Hearing set for 2/11/2016 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/29/2016) (spo)
February 1, 2016 Filing 577 LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated February 1, 2016 re: Opposition to Defendants' Request for the Production of Certain Documents/Information and for an Extension of Time to Respond to Fee Application. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fitch, Joshua)
January 28, 2016 Filing 576 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated January 28, 2016 re: Request for Order Requiring the Production of Certain Documents and Information and Request for Extension of Time to Respond to Fee Application. Document filed by The City Of New York.(Scheiner, Alan)
January 15, 2016 Filing 575 AFFIRMATION of Peter J. Gleason in Support re: 570 FINAL MOTION for Attorney Fees Declaration of Peter J. Gleason In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq... Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Peter Gleason time records, # 2 Exhibit investigator's time records, # 3 Exhibit proof of disbursements)(Gilbert, Richard)
January 15, 2016 Filing 574 AFFIRMATION of Harvey A. Levine in Support re: 569 FINAL MOTION for Attorney Fees Declaration of Harvey A. Levine In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq... Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit time records, # 2 Exhibit proof of disbursements)(Gilbert, Richard)
January 15, 2016 Filing 573 AFFIRMATION of Richard A. Gilbert in Support re: 568 FINAL MOTION for Attorney Fees Declaration of Richard A. Gilbert In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq... Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit time records)(Gilbert, Richard)
January 15, 2016 Filing 572 JOINT MEMORANDUM OF LAW in Support re: 567 FINAL MOTION for Attorney Fees Memorandum of Law for Levine & Gilbert and Peter J. Gleason, Esq.. . Document filed by Adrian Schoolcraft. (Gilbert, Richard)
January 12, 2016 Opinion or Order Filing 571 ORDER: All motions for attorney's fees and costs in this matter shall be heard at noon on Thursday, March 10, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the previously established briefing schedule. Set Deadlines/Hearing as to 559 MOTION for Attorney Fees , Costs and Disbursements. 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.: (Motion Hearing set for 3/10/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/7/2016) (spo)
January 6, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard A. Gilbert to RE-FILE Document 567 FINAL MOTION for Attorney Fees Memorandum of Law for Levine & Gilbert and Peter J. Gleason, Esq.. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
January 6, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard A. Gilbert to RE-FILE Document 568 FINAL MOTION for Attorney Fees Declaration of Richard A. Gilbert In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq.., 569 FINAL MOTION for Attorney Fees Declaration of Harvey A. Levine In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq.., 570 FINAL MOTION for Attorney Fees Declaration of Peter J. Gleason In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq.. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
January 5, 2016 Filing 570 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FINAL MOTION for Attorney Fees Declaration of Peter J. Gleason In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit time records, # 2 Exhibit investigator's time records, # 3 Exhibit proof of disbursements)(Gilbert, Richard) Modified on 1/6/2016 (db).
January 5, 2016 Filing 569 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FINAL MOTION for Attorney Fees Declaration of Harvey A. Levine In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit time records, # 2 Exhibit proof of disbursements)(Gilbert, Richard) Modified on 1/6/2016 (db).
January 5, 2016 Filing 568 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FINAL MOTION for Attorney Fees Declaration of Richard A. Gilbert In Support of Attorneys Fee application for Levine & Gilbert and Peter J. Gleason, Esq.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit time records)(Gilbert, Richard) Modified on 1/6/2016 (db).
January 5, 2016 Filing 567 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FINAL MOTION for Attorney Fees Memorandum of Law for Levine & Gilbert and Peter J. Gleason, Esq.. Document filed by Adrian Schoolcraft.(Gilbert, Richard) Modified on 1/6/2016 (db).
January 5, 2016 Filing 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.. Document filed by Adrian Schoolcraft.(Gilbert, Richard)
January 4, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard A. Gilbert to RE-FILE Document 564 FINAL MOTION for Attorney Fees Levine &.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
December 29, 2015 Opinion or Order Filing 565 ORDER. Plaintiff's motion for attorney's fees and costs shall be heard at noon on Thursday, March 10, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. As per Defendant's letter of December 18, 2015, opposition, if any, shall be due February 29, 2016. Plaintiff's reply, if any, shall be due March 7, 2016. It is so ordered. (Motion Hearing set for 3/10/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 12/26/2015) (adc)
December 29, 2015 Set/Reset Deadlines: Responses due by 2/29/2016. Replies due by 3/7/2016. (adc)
December 27, 2015 Filing 564 FILING ERROR - DEFICIENT DOCKET ENTRY - FINAL MOTION for Attorney Fees Levine &. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Memorandum of Law In Support of Levine & Gilbert/Peter J. Gleason, Esq. Attorneys Fees, # 2 Exhibit Declaration of Richard Gilbert In Support of Counsel Fees, # 3 Exhibit Time Records of Richard Gilbert, # 4 Exhibit Exh.1 to RG Declaration: Expenses with proof of payment to then outgoing attorney Norisinsberg, # 5 Exhibit Declaration of Harvey A. Levine In Support of Counsel Fees, # 6 Exhibit Time Records of Harvey A. Levine, # 7 Exhibit Declaration of Peter J. Gleason In Support of Counsel Fees, # 8 Exhibit Exh.A to PG Declaration.Time Records of Peter J. Gleason, # 9 Exhibit Exh.B to PG Declaration.Investigator Parco Time Records, # 10 Exhibit Exh.C to PG Declaration.PG Expenses)(Gilbert, Richard) Modified on 1/4/2016 (db).
December 18, 2015 Filing 563 LETTER MOTION for Extension of Time to February 29, 2016 to Respond to Motion for Fees and Expenses addressed to Judge Robert W. Sweet from Alan H Scheiner dated December 18, 2015. Document filed by The City Of New York.(Scheiner, Alan)
December 16, 2015 Filing 562 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated December 16, 2015 re: Corrected Exhibit. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Exhibit 1 (Dkt # 560-9) replacement)(Smith, Nathaniel)
December 16, 2015 Filing 561 MEMORANDUM OF LAW in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements. . Document filed by Adrian Schoolcraft. (Fitch, Joshua)
December 16, 2015 Filing 560 DECLARATION of Joshua P. Fitch (Master Declaration) in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A - Declaration of Jon L. Norinsberg, Esq., # 2 Exhibit B - Declaration of Nathaniel Smith, Esq., # 3 Exhibit C - Declaration of Joshua P. Fitch, Esq., # 4 Exhibit D - Declaration of Gerald M. Cohen, Esq., # 5 Exhibit E - Declaration of John Lenoir, Esq., # 6 Exhibit F - Declaration of Howard A. Suckle, Esq., # 7 Exhibit G - Declaration of Magdalena Bauza, # 8 Exhibit H - Billing Entries and Costs for Jon L. Norinsberg, Esq., # 9 Exhibit I - Billing Entries and Costs for Nathaniel Smith, Esq., # 10 Exhibit J - Billing Entries for Joshua P. Fitch, Esq., # 11 Exhibit K - Billing Entries and Costs for Gerald M. Cohen, Esq., # 12 Exhibit L - Billing Entries for John Lenoir, Esq., # 13 Exhibit M - Billing Entries for Howard A. Suckle, Esq., # 14 Exhibit N - Billing Entries for Magdalena Bauza, # 15 Exhibit O - Declaration of Jonathan Abady, Esq. in support of the hourly rate of Jon L. Norinsberg, Esq., # 16 Exhibit P - Declaration of Christopher Galiardo, Esq. in support of the hourly rate of Jon L. Norinsberg, Esq., # 17 Exhibit Q - Declaration of Afsaan Saleem, Esq. in support of the hourly rate of Jon L. Norinsberg, Esq., # 18 Exhibit R - Declaration of Michael L. Spiegel, Esq. in support of the hourly rate of Nathaniel Smith, Esq., # 19 Exhibit S - Declaration of Zachary Margulis-Ohnuma, Esq. in support of the hourly rate of Joshua P. Fitch, Esq. and Gerald M. Cohen, Esq., partners of Cohen & Fitch LLP, # 20 Exhibit T - Declaration of Irving Cohen, Esq. in support of the hourly rate of Joshua P. Fitch, Esq. and Gerald M. Cohen, Esq., partners of Cohen & Fitch LLP, # 21 Exhibit U - Declaration of Katherine Smith, Esq. in support of the hourly rate of Joshua P. Fitch, Esq. and Gerald M. Cohen, Esq., partners of Cohen & Fitch LLP, # 22 Exhibit V - Declaration of Hugh M. Mo, Esq. in support of the hourly rate of John Lenoir, Esq., # 23 Exhibit W - Declaration of Jeffrey Schlanger, Esq. in support of the hourly rate of John Lenoir, Esq., # 24 Exhibit X - Declaration of David Finkler, Esq. in support of the hourly rate of Howard A. Suckle, Esq., # 25 Exhibit Y - Declaration of Mitchell Bloch, Esq. in support of the hourly rate of Howard A. Suckle, Esq., # 26 Exhibit Z - 2013-2014 National Law Journal Billing Survey of Large Firm Billing Rates, # 27 Exhibit AA - 2013-2014 New York City Law Department Year in Review for the Special Federal Litigation Division, # 28 Exhibit BB - New York City Law Department Special Federal Litigation Homepage, # 29 Exhibit CC - Verdict Search's Top Verdicts of 2013, # 30 Exhibit DD - Super Lawyers 2015 Annual List of Top Lawyers in the New York Metro Area, # 31 Exhibit EE - Order in Bernabe v. City of New York, 13 CV 5531 (LGS) relating to Mr. Norinsberg's hourly rate)(Fitch, Joshua)
December 16, 2015 Filing 559 MOTION for Attorney Fees , Costs and Disbursements. Document filed by Adrian Schoolcraft.(Fitch, Joshua)
November 3, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 11/3/2015. (Court Reporter Jerry Harrison) (Chan, Tsz)
October 30, 2015 Filing 558 JOINT PRELIMINARY TRIAL REPORT. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian)
October 29, 2015 Filing 557 LETTER addressed to Judge Robert W. Sweet from Alan H Scheiner dated October 28, 2015 re: Motion of Non-Party City of New York and Certain Witnesses to Limit and/or Keep Confidential Testimony and Documentary Evidence To Be Used at Trial. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Shantel James(Shield No. 3004 Individually), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Scheiner, Alan)
October 29, 2015 Filing 556 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian)
October 29, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Alan Howard Scheiner to RE-FILE Document 555 MOTION for Confidentiality Treatment of Exhibits at Trial and Other Restrictions on the Offering of Irrelevant and Cumulative Testimony and Exhibits From Non-Parties. Use the event type Letter found under the event list Other Documents. (db)
October 29, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Conference held on 10/29/2015. Next conference scheduled for November 3, 2015 at 10:00 a.m.Jury Trial to start on November 4, 2015 at 9:30 a.m. (Chan, Tsz)
October 28, 2015 Filing 555 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Confidentiality Treatment of Exhibits at Trial and Other Restrictions on the Offering of Irrelevant and Cumulative Testimony and Exhibits From Non-Parties. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Shantel James(Shield No. 3004 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan) Modified on 10/29/2015 (db).
October 28, 2015 Filing 554 JOINT PRELIMINARY TRIAL REPORT. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian)
October 28, 2015 Filing 553 PROPOSED JURY INSTRUCTIONS. Document filed by Isak Isakov.(Lee, Brian)
October 28, 2015 Filing 552 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 554 JPTR) - JOINT PRELIMINARY TRIAL REPORT. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian) Modified on 10/29/2015 (db).
October 28, 2015 Filing 551 PROPOSED JURY INSTRUCTIONS. Document filed by Adrian Schoolcraft. (Attachments: # 1 Supplement Proposed Verdict Sheet)(Smith, Nathaniel)
October 28, 2015 Filing 550 PROPOSED VOIR DIRE QUESTIONS. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
October 28, 2015 Filing 549 PROPOSED JURY INSTRUCTIONS. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
October 28, 2015 Filing 548 PROPOSED VOIR DIRE QUESTIONS. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian)
October 28, 2015 Filing 547 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Lillian Aldana-Bernier.(Brady, Bruce)
October 28, 2015 Filing 546 PROPOSED VOIR DIRE QUESTIONS. Document filed by Lillian Aldana-Bernier.(Brady, Bruce)
October 28, 2015 Filing 545 REQUEST TO CHARGE. Document filed by Lillian Aldana-Bernier.(Brady, Bruce)
October 23, 2015 Opinion or Order Filing 544 ORDER EXTENDING PLAINTIFF'S TIME TO FILE MOTION FOR ATTORNEY FEES: IT IS HEREBY ORDERED, that plaintiff's time to file his motion for attorney fees, costs and expenses is extended sixty (60) days from October 29, 2015 to December 28, 2015. (As further set forth in this Order.) (Motions due by 12/28/2015.) (Signed by Judge Robert W. Sweet on 10/23/2015) (spo)
October 23, 2015 Opinion or Order Filing 543 OPINION #106002 re: 513 FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit, filed by Lillian Aldana-Bernier, 517 MOTION in Limine to preclude testimony from Dr. Roy Lubit, filed by Jamaica Hospital Medical Center. Based on the facts and conclusions of law set forth above, Defendants' motions to exclude Dr. Lubit's testimony is denied. (Signed by Judge Robert W. Sweet on 10/22/2015) (spo) Modified on 11/3/2015 (ca).
October 22, 2015 Filing 542 LETTER addressed to Judge Robert W. Sweet from Gerald M. Cohen dated October 22, 2015 re: Motion for Attorney Fees. Document filed by Adrian Schoolcraft. (Attachments: # 1 Text of Proposed Order)(Cohen, Gerald)
October 21, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/21/2015 re: 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492. filed by Adrian Schoolcraft. The Court has schedule a conference on October 29, 2015 at 2:00 p.m. (Court Reporter Steve Griffing) (Chan, Tsz)
October 16, 2015 Opinion or Order Filing 541 JUDGMENT PURSUANT TO RULE 68: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: Pursuant to Rule 68 of the Federal Rules of Civil Procedure and the plaintiff's acceptance on September 29, 2015 of an Offer of Judgment by executing and filing the Offer of Judgment with the Court at Docket No. 531, plaintiff Adrian Schoolcraft will take a judgment against the City of New York in this action according to the terms of the Offer of Judgment, appended as Exhibit A to this Judgment, which are fully and completely incorporated herein. (Signed by Judge Robert W. Sweet on 10/15/2015) (ajs)
October 16, 2015 Opinion or Order Filing 540 DISMISSAL WITH PREJUDICE PURSUANT TO JUDGMENT: IT IS HEREBY ORDERED THAT: Pursuant to the plaintiff's acceptance of the Offer of Judgment, and the Judgment entered herein pursuant to Fed. R Civ. P. 68, plaintiff's claims against the individual defendants Michael Marino, Gerald Nelson, Theodore Lauterborn, William Gough, Frederick Sawyer, Kurt Duncan, Christopher Broschart, Timothy Caughey, Shantel James, Timothy Trainor, Elise Hanlon, and Steven Mauriello, and any other defendants being present or former agents or employees of the City of New York heretofore named in this action and not previously dismissed, if any (not to include Jamaica Hospital Medical Center, Isak Isakov or Lilliana Aldana-Bernier), and defendant Mauriello's counterclaim against plaintiff, are hereby DISMISSED WITH PREJUDICE. Kurt Duncan (Shield No. 2483, Individually), Kurt Duncan (Shield No. 2483 in his official capacity), William Gough (Tax Id. 919124, Individually), William Gough (Tax Id. 919124, in his Official Capacity), Elise Hanlon (individually), Elise Hanlon (in her official capacity as a lieutenant with the New York City Fire Department), Shantel James (Shield No. 3004 in his official capacity), Shantel James (Shield No. 3004 Individually), Theodore Lauterborn (Tax Id. 897840, Individually), Theodore Lauterborn (Tax Id. 897840 in his official capacity), Michael Marino (Tax Id. 873220 in his official capacity), Michael Marino (Tax Id. 873220 Individually ), Steven Mauriello (Tax Id. 895117 in his official capacity), Steven Mauriello (Tax Id. 895117 in his official capacity), Steven Mauriello (Tax Id. 895117, Individually), Steven Mauriello (Tax Id. 895117, Individually), Gerald Nelson (Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson (Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer (Shield No. 2576 in his official capacity), Frederick Sawyer (Shield No. 2576, Individually), Adrian Schoolcraft, Timothy Trainer (Tax Id. 899922, in his Official Capacity), Timothy Trainer (Tax Id. 899922, Individually), Christopher Broschart (Tax Id. 915354 Individually) and Christopher Broschart (Tax Id. 915354 in his official capacity) terminated. (Signed by Judge Robert W. Sweet on 10/15/2015) (ajs)
October 16, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Conference held on 10/16/2015. (Chan, Tsz)
October 14, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: conference held on 10/14/2015 re: 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492 filed by Adrian Schoolcraft. The motions in limine is adjourned to October 21, 2015.A conference will be held on October 16, 2015 at 12:00 p.m. (Court Reporter Tom Murray) (Chan, Tsz)
October 12, 2015 Filing 539 MEMORANDUM OF LAW in Opposition re: 515 SECOND MOTION in Limine to preclude testimony related to plaintiff's purported declaratory judgment claim., 517 MOTION in Limine to preclude testimony from Dr. Roy Lubit., 525 SECOND MOTION in Limine to preclude any testimony regarding DJ action., 513 FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit., 506 FIRST MOTION in Limine to preclude expert from testimony about PTSD. . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Smith, Nathaniel)
October 9, 2015 Filing 538 LETTER MOTION for Leave to File for Entry of Proposed Judgment and Proposed Order of Dismissal addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 10/9/2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Attachments: # 1 Exhibit Proposed Judgment, # 2 Exhibit Proposed Order of Dismissal)(Scheiner, Alan)
October 9, 2015 Opinion or Order Filing 537 ORDER: The letters regarding motions in limine filed by defendant Jamaica Hospital Medical Center dated October 7, 2015, and defendant Aldana-Bernier dated October 8, 2015 shall be treated as motions and shall be heard at noon on Wednesday, October 14, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street. It is so ordered. Motion Hearing set for 10/14/2015 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 10/9/2015) (ajs)
October 9, 2015 Filing 536 AMENDED ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Lillian Aldana-Bernier. (Brady, Bruce)
October 7, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/7/2015 re: 528 MOTION in Limine to exclude certain evidence at trial filed by Adrian Schoolcraft. No argument held. Motion to be heard next week 10/14/15 at 12:00 p.m. (Court Reporter Lisa Fellis) (Chan, Tsz)
October 5, 2015 Filing 535 MEMORANDUM OF LAW in Opposition re: 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492. . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
October 5, 2015 Filing 534 MEMORANDUM OF LAW in Opposition re: 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492. . Document filed by Lillian Aldana-Bernier. (Brady, Bruce)
October 1, 2015 Filing 533 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated October 1, 2015 re: Request to be Excused from Filing Motion Papers and from Appearance. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Thadani, Kavin)
October 1, 2015 Filing 532 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 9/30/2015 re: Adjournment of deadlines. ENDORSEMENT: This request is denied with leave granted to renew by October 7. So ordered. (Signed by Judge Robert W. Sweet on 10/1/2015) (ajs)
September 29, 2015 Filing 531 NOTICE of Acceptance with Offer of Judgment . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Offer of Judgment, # 2 Affidavit Proof of Service)(Fuchs, Ilyssa)
September 29, 2015 Opinion or Order Filing 530 ORDER: The motions in limine filed by Adrian Schoolcraft, by the City of New York, by Steven Mauriello, by Jamaica Hospital, by Isak Isakov, and by Lilian Aldana-Bernier shall be heard at noon on Wednesday, October 7, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Motion Hearing set for 10/7/2015 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 9/29/2015) (ajs)
September 24, 2015 Filing 529 MEMORANDUM OF LAW in Support re: 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492. Re-Filing of Document 492 under the correct "event type". Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A - Eterno Deposition Excerpt)(Fitch, Joshua)
September 24, 2015 Filing 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492. Document filed by Adrian Schoolcraft.(Fitch, Joshua)
September 23, 2015 Filing 527 MEMORANDUM OF LAW in Support re: 525 SECOND MOTION in Limine to preclude any testimony regarding DJ action. . Document filed by Isak Isakov. (Lee, Brian)
September 23, 2015 Filing 526 DECLARATION of Brian E. Lee in Support re: 525 SECOND MOTION in Limine to preclude any testimony regarding DJ action.. Document filed by Isak Isakov. (Attachments: # 1 Exhibit Exhibit A: May 2015 Order, # 2 Exhibit Exhibit B: January 2015 Order, # 3 Errata Exhibit C: Third Amended Complaint)(Lee, Brian)
September 23, 2015 Filing 525 SECOND MOTION in Limine to preclude any testimony regarding DJ action. Document filed by Isak Isakov. Return Date set for 10/9/2015 at 12:00 PM.(Lee, Brian)
September 23, 2015 Filing 524 NOTICE OF CHANGE OF ADDRESS by John David Lenoir on behalf of Adrian Schoolcraft. New Address: John Lenoir - Attorney, 100 Wall Street, 23d Floor, New York, NY, USA 10005, 2123350250. (Lenoir, John)
September 23, 2015 Opinion or Order Filing 523 ORDER granting 490 Letter Motion for Leave to File Excess Pages. So ordered. (Signed by Judge Robert W. Sweet on 9/21/2015) (ajs)
September 23, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John David Lenoir to RE-FILE Document 522 FIRST MOTION to Amend/Correct Notice of Appearance. Use the event type Notice of Change of Address found under the event list Notices. (db)
September 23, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Brian E Lee to RE-FILE Document 508 SECOND MOTION in Limine precluding testimony on purported Declaratory Judgment Action. (1) Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (2) Supporting Documents are filed separately, each receiving their own document #. (3) Motion WAS NOT FILED. First file Motion, then file and link any supporting documents. (db)
September 23, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Brian E Lee to RE-FILE Document 509 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
September 22, 2015 Filing 522 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Amend/Correct Notice of Appearance. Document filed by Adrian Schoolcraft.(Lenoir, John) Modified on 9/23/2015 (db).
September 22, 2015 Filing 521 SEALED DOCUMENT placed in vault.(mps)
September 22, 2015 Filing 520 SEALED DOCUMENT placed in vault.(mps)
September 22, 2015 Filing 519 SEALED DOCUMENT placed in vault.(mps)
September 22, 2015 Filing 518 MEMORANDUM OF LAW in Support re: 517 MOTION in Limine to preclude testimony from Dr. Roy Lubit. . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
September 22, 2015 Filing 517 MOTION in Limine to preclude testimony from Dr. Roy Lubit. Document filed by Jamaica Hospital Medical Center. Return Date set for 10/9/2015 at 12:00 PM.(Osterman, Brian)
September 22, 2015 Filing 516 MEMORANDUM OF LAW in Support re: 515 SECOND MOTION in Limine to preclude testimony related to plaintiff's purported declaratory judgment claim. . Document filed by Lillian Aldana-Bernier. (Koster, Matthew)
September 22, 2015 Filing 515 SECOND MOTION in Limine to preclude testimony related to plaintiff's purported declaratory judgment claim. Document filed by Lillian Aldana-Bernier. Return Date set for 10/9/2015 at 12:00 PM.(Koster, Matthew)
September 22, 2015 Filing 514 MEMORANDUM OF LAW in Support re: 513 FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit. . Document filed by Lillian Aldana-Bernier. (Koster, Matthew)
September 22, 2015 Filing 513 FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit. Document filed by Lillian Aldana-Bernier. Return Date set for 10/9/2015 at 12:00 PM.(Koster, Matthew)
September 22, 2015 Filing 512 MEMORANDUM OF LAW in Support re: 510 MOTION in Limine . . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
September 22, 2015 Filing 511 DECLARATION of Walter Kretz in Support re: 510 MOTION in Limine .. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Attachments: # 1 Exhibit A (under seal), # 2 Exhibit B (under seal), # 3 Exhibit C (under seal), # 4 Exhibit D (under seal), # 5 Exhibit E (under seal), # 6 Exhibit F (under seal), # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Kretz, Walter)
September 22, 2015 Filing 510 MOTION in Limine . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). Return Date set for 10/9/2015 at 12:00 PM.(Kretz, Walter)
September 22, 2015 Filing 509 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 508 SECOND MOTION in Limine precluding testimony on purported Declaratory Judgment Action. . Document filed by Isak Isakov. (Lee, Brian) Modified on 9/23/2015 (db).
September 22, 2015 Filing 508 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine precluding testimony on purported Declaratory Judgment Action. Document filed by Isak Isakov. Return Date set for 10/2/2015 at 12:00 PM. (Attachments: # 1 Affidavit Declaration of Brian E. Lee, # 2 Exhibit Exhibit A - May 2015 Order, # 3 Exhibit Exhibit B - January 2015 Order, # 4 Exhibit Exhibit C - Third Amended Complaint)(Lee, Brian) Modified on 9/23/2015 (db).
September 22, 2015 Filing 507 MEMORANDUM OF LAW in Support re: 506 FIRST MOTION in Limine to preclude expert from testimony about PTSD. . Document filed by Isak Isakov. (Lee, Brian)
September 22, 2015 Filing 506 FIRST MOTION in Limine to preclude expert from testimony about PTSD. Document filed by Isak Isakov. Return Date set for 10/2/2015 at 12:00 PM.(Lee, Brian)
September 22, 2015 Filing 505 LETTER addressed to Judge Robert W. Sweet from Alan H Scheiner dated September 22, 2015 re: Filing of Motion Papers Under Seal Pursuant to Protective Orders. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Attachments: # 1 Exhibit Confidentiality Order, # 2 Exhibit Confidentiality Order, # 3 Exhibit Confidentiality Order)(Scheiner, Alan)
September 22, 2015 Filing 504 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Walter Kretz in Support re: 503 MOTION in Limine . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Attachments: # 1 Exhibit A (under seal), # 2 Exhibit B (under seal), # 3 Exhibit C (under seal), # 4 Exhibit D (under seal), # 5 Exhibit E (under seal), # 6 Exhibit F (under seal), # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Kretz, Walter) Modified on 9/22/2015 (db).
September 22, 2015 Filing 503 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually).(Kretz, Walter) Modified on 9/22/2015 (db).
September 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gregory John Radomisli to RE-FILE Document 491 MOTION in Limine MOL in Support. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion in Limine WAS NOT FILED. (db)
September 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Joshua Paul Fitch to RE-FILE Document 492 MOTION in Limine to exclude certain evidence at trial. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion in Limine WAS NOT FILED. (db)
September 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Walter Aoysius Kretz to RE-FILE Document 504 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
September 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Brian E Lee to RE-FILE Document 493 FIRST MOTION in Limine precluding testimony from expert Lubit. 494 SECOND MOTION in Limine precluding testimony as to DJ action. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion(s) in Limine WERE NOT FILED. (db)
September 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Walter Aoysius Kretz to RE-FILE Document 503 MOTION in Limine . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion in Limine WAS NOT FILED. (db)
September 22, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Joseph Koster to RE-FILE Document 502 SECOND MOTION in Limine to preclude testimony related to plaintiff's purported declaratory judgment claim. 501 FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion(s) in Limine WERE NOT FILED. (db)
September 21, 2015 Filing 502 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine to preclude testimony related to plaintiff's purported declaratory judgment claim. Document filed by Lillian Aldana-Bernier.(Koster, Matthew) Modified on 9/22/2015 (db).
September 21, 2015 Filing 501 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit. Document filed by Lillian Aldana-Bernier.(Koster, Matthew) Modified on 9/22/2015 (db).
September 21, 2015 Filing 500 DECLARATION of Alan H. Scheiner in Support re: 498 MOTION in Limine To Preclude Plaintiff From Offering Certain Evidence at Trial.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Under Seal), # 8 Exhibit PTX 4, 6, 13, 16, 18, 22, 25, 26, 29, 30, 33, 34, 35, 40, 42, 46, 49, 50, 51, 52, 53, 54, 55, 57, 59, 60, 62, 64, 65, 66, 72, 84, 93, 95, 306, 308, 309, 314, 316, 400, 401, 402, 403, 406, 407, 408, 409, 420, 421, 426, 427 (Under Seal), # 9 Exhibit PTX 79, # 10 Exhibit PTX 81 (Part 1 of 2), # 11 Exhibit PTX 81 (Part 2 of 2), # 12 Exhibit PTX 404, # 13 Exhibit PTX 410, # 14 Exhibit PTX 411)(Thadani, Kavin)
September 21, 2015 Filing 499 MEMORANDUM OF LAW in Support re: 498 MOTION in Limine To Preclude Plaintiff From Offering Certain Evidence at Trial. With Redactions. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Shammas, Cheryl)
September 21, 2015 Filing 498 MOTION in Limine To Preclude Plaintiff From Offering Certain Evidence at Trial. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. Return Date set for 10/9/2015 at 11:59 PM.(Shammas, Cheryl)
September 21, 2015 Filing 497 DECLARATION in Support re: 495 MOTION to Preclude Expert Testimony.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Attachments: # 1 Exhibit A Expert Report, # 2 Exhibit B Deposition Excerpts, # 3 Exhibit C Deposition Excerpts, # 4 Exhibit D Under Seal, # 5 Exhibit E Email Chain Between Counsel, # 6 Exhibit F Justice Quarterly Article, # 7 Exhibit G Under Seal, # 8 Exhibit H Under Seal, # 9 Exhibit I Under Seal, # 10 Exhibit J Transcript, # 11 Exhibit PTX 66 Under Seal, # 12 Exhibit PTX 81 Part I, # 13 Exhibit PTX 81 Part II, # 14 Exhibit PTX 93 Arbitration Award, # 15 Exhibit PTX 159 Patrol Guide)(Scheiner, Alan)
September 21, 2015 Filing 496 MEMORANDUM OF LAW in Support re: 495 MOTION to Preclude Expert Testimony. . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Scheiner, Alan)
September 21, 2015 Filing 495 MOTION to Preclude Expert Testimony. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
September 21, 2015 Filing 494 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION in Limine precluding testimony as to DJ action. Document filed by Isak Isakov.(Lee, Brian) Modified on 9/22/2015 (db).
September 21, 2015 Filing 493 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine precluding testimony from expert Lubit. Document filed by Isak Isakov.(Lee, Brian) Modified on 9/22/2015 (db).
September 21, 2015 Filing 492 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to exclude certain evidence at trial. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A - Eterno Deposition Excerpt)(Fitch, Joshua) Modified on 9/22/2015 (db).
September 21, 2015 Filing 491 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine MOL in Support. Document filed by Jamaica Hospital Medical Center.(Radomisli, Gregory) Modified on 9/22/2015 (db).
September 18, 2015 Filing 490 LETTER MOTION for Leave to File Excess Pages in Memorandum of Law in Support of Motions in Limine and Motions to Preclude Expert Testimony addressed to Judge Robert W. Sweet from Alan Scheiner dated September 18, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
September 18, 2015 Opinion or Order Filing 489 OPINION #105861 : Based on the conclusions set forth above, DI Mauriello's counterclaim for tortious interference is reinstated and Lieutenant Caughey is dismissed as a defendant. It is so ordered. (As further set forth within this Opinion.) Timothy Caughey (Tax Id. 885374 in his official capacity) and Timothy Caughey (Tax Id. 885374 Individually) terminated. (Signed by Judge Robert W. Sweet on 9/18/2015) (ajs) Modified on 9/21/2015 (ca). Modified on 9/21/2015 (ca).
September 15, 2015 Filing 488 CONSENT LETTER addressed to Judge Robert W. Sweet from Cheryl L. Shammas dated September 15, 2015 re: Request to Extend Deadline to File Motion in Limine from September 17th to September 21st. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Shammas, Cheryl)
September 10, 2015 Filing 487 MEMO ENDORSEMENT on re: 485 Letter filed by Adrian Schoolcraft, re: August 18, 2015 and August 21, 2015 Letters. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/1/2015) (ajs)
September 3, 2015 Filing 486 LETTER MOTION for Extension of Time to deem plaintiff's request for extension of time to file the JPTO granted and extend time for motions in limine to the agreed upon date of September 17 2015 addressed to Judge Robert W. Sweet from Alan H. Scheiner dated September 3, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
August 25, 2015 Filing 485 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated August 25, 2015 re: August 18, 2015 and August 21, 2015 Letters. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
August 21, 2015 Filing 484 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 08/21/2015 re: Response to Plaintiff's Submission of Augusgt 20, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Attachments: # 1 Exhibit A - List of Plaintiff's Insufficiently Identified Exhibits)(Scheiner, Alan)
August 20, 2015 Filing 483 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated August 20, 2015 re: Pre-Trial Order - Counter. Document filed by Adrian Schoolcraft. (Attachments: # 1 Text of Proposed Order)(Smith, Nathaniel)
August 18, 2015 Filing 482 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 08/18/2015 re: An Application to Require the Plaintiff to Identify A Single Police Practices Expert to Testify at Trial. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
August 18, 2015 Filing 481 LETTER RESPONSE in Support of Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-18-15 re: 473 LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-13-15. LETTER MOTION for Extension of Time to File addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-13-15. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
August 18, 2015 Filing 480 LETTER addressed to Judge Robert W. Sweet from Alan Scheiner dated August 18, 2015 re: Opposition to Plaintiff's Request to Modify the Deadline of the filing of the JPTO. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Shammas, Cheryl)
August 18, 2015 Filing 479 LETTER REPLY to Response to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-18-15 re: 473 LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-13-15. LETTER MOTION for Extension of Time to File addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-13-15. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
August 17, 2015 Filing 478 LETTER addressed to Judge Robert W. Sweet from Alan Scheiner dated August 17, 2015 re: Opposition to Plaintiff's August 13th Request to Modify the JPTO Filing Deadline. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Isak Isakov, Jamaica Hospital Medical Center, Jamaica Hospital Medical Center Employee's "John Doe" # 1-50, Jamaica Hospital Medical Center Employee's "John Doe" #1-50, Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Attachments: # 1 Exhibit A)(Shammas, Cheryl)
August 14, 2015 Filing 477 LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated August 14, 2015 re: Defendants' Joint Proposed Pretrial Order. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Attachments: # 1 Text of Proposed Order Defendants' Joint Proposed Pretrial Order)(Thadani, Kavin)
August 14, 2015 Filing 476 LETTER addressed to Judge Robert W. Sweet from Cheryl L. Shammas dated August 14, 2015 re: Reply in further support of the City Defendants motion to strike plaintiff's reply memorandum of law in support of his motion for reconsideration. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Shammas, Cheryl)
August 13, 2015 Opinion or Order Filing 475 ORDER: Defendants' motion to strike Plaintiff's reply in support of his motion for reconsideration shall be heard on submission on Tuesday, August 18, 2015. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Signed by Judge Robert W. Sweet on 8/11/2015) (ajs)
August 13, 2015 Opinion or Order Filing 474 ORDER granting 465 Letter Motion for Extension of Time to File. So ordered. (Signed by Judge Robert W. Sweet on 7/31/2015) (ajs)
August 13, 2015 Filing 473 LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-13-15., LETTER MOTION for Extension of Time to File addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-13-15. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
August 13, 2015 Set/Reset Deadlines: Motions due by 8/24/2015. Responses due by 9/21/2015 (ajs)
August 11, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 471 Response to Motion. Use the event type Letter found under the event list Other Documents. (db)
August 10, 2015 Filing 472 LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated August 10, 2015. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
August 7, 2015 Filing 471 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 8-7-15 re: 466 JOINT MOTION to Strike Document No. 464 . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel) Modified on 8/11/2015 (db).
August 5, 2015 Filing 470 NOTICE OF APPEARANCE by John Joseph Meehan on behalf of Adrian Schoolcraft. (Meehan, John)
July 31, 2015 Filing 469 NOTICE OF APPEARANCE by Kavin Suresh Thadani on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Thadani, Kavin)
July 30, 2015 Filing 468 ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr. dated 7/23/2015 re: Courtesy copies of motions. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 7/29/2015) (ajs) Modified on 7/30/2015 (ajs). (Main Document 468 replaced on 7/30/2015) (ajs).
July 30, 2015 Filing 467 JOINT LETTER addressed to Judge Robert W. Sweet from Cheryl L. Shammas dated July 29, 2015 re: Striking Plaintiff's Reply Memorandum of Law in Further Support of Reconsideration, DE # 464. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Jamaica Hospital Medical Center, Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Shammas, Cheryl)
July 30, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Cheryl Leah Shammas to RE-FILE Document 466 JOINT MOTION to Strike Document No. 464 . Use the event type Letter found under the event list Other Documents. (db)
July 29, 2015 Filing 466 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION to Strike Document No. 464 . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Jamaica Hospital Medical Center, Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York.(Shammas, Cheryl) Modified on 7/30/2015 (db).
July 27, 2015 Filing 465 LETTER MOTION for Extension of Time to File Joint Pre-trial Order and Motions in Limine addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated July 24, 2015. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
July 24, 2015 Filing 464 REPLY MEMORANDUM OF LAW in Support re: 441 MOTION for Reconsideration re; 436 Memorandum & Opinion,,,,,, . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
July 23, 2015 Filing 463 REPLY MEMORANDUM OF LAW in Support re: 441 MOTION for Reconsideration re; 436 Memorandum & Opinion,,,,,, . . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
July 23, 2015 Filing 462 REPLY AFFIRMATION of Walter Kretz in Support re: 441 MOTION for Reconsideration re; 436 Memorandum & Opinion,,,,,, .. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Attachments: # 1 SM Exhibit DN, # 2 SM Exhibit DO)(Kretz, Walter)
July 23, 2015 Filing 461 REPLY MEMORANDUM OF LAW in Support re: 438 MOTION to Bifurcate for Trial Plaintiff's Monell Claim Against the City of New York. MOTION for Reconsideration of the Court's May 5 2015 Order Concerning Summary Judgment. This memornandum is a Reply only on the issue of reconsideration; the Reply on bifurcation was filed previously. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), The City Of New York. (Scheiner, Alan)
July 23, 2015 Filing 460 NOTICE OF APPEARANCE by Cheryl Leah Shammas on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Shammas, Cheryl)
July 23, 2015 Filing 459 ENDORSED LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated 7/8/2015 re: Extension of time. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 7/18/2015) (ajs)
July 17, 2015 Opinion or Order Filing 458 ORDER granting 455 Letter Motion for Extension of Time to File. So ordered. (Signed by Judge Robert W. Sweet on 7/17/2015) (ajs)
July 17, 2015 Set/Reset Deadlines: Replies due by 7/23/2015. (ajs)
July 16, 2015 Filing 457 NOTICE OF APPEARANCE by Chaya Mushke Gourarie on behalf of Adrian Schoolcraft. (Gourarie, Chaya)
July 16, 2015 Filing 456 OPPOSITION BRIEF to Plaintiff's Letter Motion for Reconsideration (re-filing). Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
July 16, 2015 Filing 455 LETTER MOTION for Extension of Time to File Reply Briefs on Motions for Reconsideration addressed to Judge Robert W. Sweet from Alan H. Scheiner dated July 16, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
July 13, 2015 Opinion or Order Filing 454 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6/25/2015 re: I write to the Court as one of the plaintiff's counsel and with the consent of all parties to correct one date in my recent request for a modification to the briefing schedule to make the City Defendants' reply on the bifurcation motion due on July 9th, not July 8th. ENDORSEMENT: SO ORDERED., ( Pretrial Order due by 8/3/2015., Replies due by 7/17/2015.) (Signed by Judge Robert W. Sweet on 7/10/2015) (ama)
July 13, 2015 Filing 453 OPPOSITION BRIEF to Plaintiff's Motion for Reconsideration. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian)
July 10, 2015 Filing 452 BRIEF in Reply in Further Support of Motion for Bifurcation. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
July 9, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Walter Aoysius Kretz to RE-FILE Document 451 Response to Motion. Use the event type Letter found under the event list Other Documents. (db)
July 8, 2015 Filing 451 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Walter Kretz dated July 8, 2015 re: 443 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6-2-2015. . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter) Modified on 7/9/2015 (db).
July 7, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gregory John Radomisli to RE-FILE Document 448 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to filing error. (db)
July 7, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alan Howard Scheiner to RE-FILE Document 450 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to filing error. (db)
July 6, 2015 Filing 450 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 440 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated June 2, 2015., 443 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6-2-2015. . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Scheiner, Alan) Modified on 7/7/2015 (db).
July 6, 2015 Filing 449 MEMORANDUM OF LAW in Opposition re: 438 MOTION to Bifurcate for Trial Plaintiff's Monell Claim Against the City of New York. MOTION for Reconsideration of the Court's May 5 2015 Order Concerning Summary Judgment., 441 MOTION for Reconsideration re; 436 Memorandum & Opinion,,,,,, . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
July 6, 2015 Filing 448 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 440 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated June 2, 2015. . Document filed by Jamaica Hospital Medical Center. (Radomisli, Gregory) Modified on 7/7/2015 (db).
June 29, 2015 Filing 447 MEMORANDUM OF LAW in Opposition re: 438 MOTION to Bifurcate for Trial Plaintiff's Monell Claim Against the City of New York. MOTION for Reconsideration of the Court's May 5 2015 Order Concerning Summary Judgment. . Document filed by The City Of New York. (Smith, Nathaniel)
June 29, 2015 Filing 446 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6/25/2015 re: Extension of time. ENDORSEMENT: So ordered. (Pretrial Order due by 8/3/2015. Responses due by 7/6/2015, Replies due by 7/17/2015.) (Signed by Judge Robert W. Sweet on 6/25/2015) (ajs)
June 9, 2015 Opinion or Order Filing 445 ORDER granting 444 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 6/9/2015) (ajs)
June 9, 2015 Set/Reset Deadlines: Responses due by 6/23/2015 Replies due by 7/3/2015. (ajs)
June 5, 2015 Filing 444 LETTER MOTION for Extension of Time to File Opposition and Reply briefs for all parties to the Motions for Reconsideration and Motion for Bifurcation Filed on June 2, 2015 addressed to Judge Robert W. Sweet from Alan H. Scheiner dated June 5, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
June 4, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 443 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6-2-2015. Use the event type Letter found under the event list Other Documents. (db)
June 3, 2015 Filing 443 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6-2-2015. Document filed by Adrian Schoolcraft.(Smith, Nathaniel) Modified on 6/4/2015 (db).
June 3, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 440 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated June 2, 2015. Use the event type Letter found under the event list Other Documents. (db)
June 2, 2015 Filing 442 MEMORANDUM OF LAW in Support re: 441 MOTION for Reconsideration re; 436 Memorandum & Opinion,,,,,, . . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
June 2, 2015 Filing 441 MOTION for Reconsideration re; 436 Memorandum & Opinion,,,,,, . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). Return Date set for 6/23/2015 at 12:00 PM.(Kretz, Walter)
June 2, 2015 Filing 440 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated June 2, 2015. Document filed by Adrian Schoolcraft.(Smith, Nathaniel) Modified on 6/3/2015 (db).
June 2, 2015 Filing 439 MEMORANDUM OF LAW in Support re: 438 MOTION to Bifurcate for Trial Plaintiff's Monell Claim Against the City of New York. MOTION for Reconsideration of the Court's May 5 2015 Order Concerning Summary Judgment. . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York. (Scheiner, Alan)
June 2, 2015 Filing 438 MOTION to Bifurcate for Trial Plaintiff's Monell Claim Against the City of New York., MOTION for Reconsideration of the Court's May 5 2015 Order Concerning Summary Judgment. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
May 18, 2015 Filing 437 LETTER MOTION for Extension of Time to File JPTO Changing Date from August 12, 2015 to July 27, 2015 and setting the motion in limine brieifing schedule addressed to Judge Robert W. Sweet from Alan H. Scheiner dated May 18, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)
May 12, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Status Conference held on 5/12/2015. Trial adjourned to October 19, 2015 at 9:30 a.m. (Court Reporter Pamela Utter) (Chan, Tsz)
May 5, 2015 Opinion or Order Filing 436 OPINION #105485 re: 305 MOTION for Summary Judgment . filed by Adrian Schoolcraft, 329 MOTION for Summary Judgment . filed by Lillian Aldana-Bernier, 297 MOTION for Summary Judgment . filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, The City Of New York, Michael Marino, 314 MOTION for Summary Judgment . filed by Steven Mauriello, 351 MOTION for Summary Judgment . filed by Jamaica Hospital Medical Center, 325 MOTION for Summary Judgment . filed by Jamaica Hospital Medical Center, 360 AMENDED MOTION for Summary Judgment . filed by Lillian Aldana-Bernier, 366 AMENDED MOTION for Summary Judgment and other relief. filed by Isak Isakov, 356 AMENDED MOTION for Summary Judgment . filed by Steven Mauriello. Based upon the facts and conclusions of law set forth above, Plaintiff's, City Defendants', Mauriello's, JHMC's, Dr. Bernier's, and Dr. Isakov's motions are all granted in part and denied in part. A pretrial conference to schedule further proceedings will be held at two o'clock in the afternoon on May 12, 2015 in Courtroom 18C. It is so ordered. (See Order.) (Signed by Judge Robert W. Sweet on 5/5/2015) (ajs) Modified on 5/6/2015 (ca).
May 5, 2015 Set/Reset Hearings: Pretrial Conference set for 5/12/2015 at 02:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (ajs)
May 4, 2015 Filing 435 NOTICE OF CHANGE OF ADDRESS by Nathaniel B. Smith on behalf of Adrian Schoolcraft. New Address: Law Office of Nathaniel B. Smith, 100 Wall Street - 23rd Floor, New York, NY, 10005, 2122277062. (Smith, Nathaniel)
April 22, 2015 Filing 434 LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 4-22-15 re: 433 LETTER MOTION for Extension of Time for Pre-Trial Submissions and for the Trial Date to a date several weeks after any decision on summary judgment addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 21, 2015. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
April 21, 2015 Filing 433 LETTER MOTION for Extension of Time for Pre-Trial Submissions and for the Trial Date to a date several weeks after any decision on summary judgment addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 21, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity).(Scheiner, Alan)
April 13, 2015 Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 4/13/2015. (Chan, Tsz)
April 8, 2015 Filing 432 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 4-8-15 re: Schoolcraft v. The City of New York, et al., 10-cv-6005 (RWS). Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
April 7, 2015 Filing 431 LETTER REPLY to Response to Motion addressed to Judge Robert W. Sweet from Alan H Scheiner dated April 7, 2015 re: 429 LETTER MOTION for Extension of Time to Make Pre-Trial Submissions After a Ruling on Summary Judgment and to Adjourn the Trial Date addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 6, 2015. . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), Adrian Schoolcraft, The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Scheiner, Alan)
April 7, 2015 Filing 430 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 4-7-15 re: Schoolcraft v. The City of New York, et al. 10-cv-6005 (RWS). Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
April 6, 2015 Filing 429 LETTER MOTION for Extension of Time to Make Pre-Trial Submissions After a Ruling on Summary Judgment and to Adjourn the Trial Date addressed to Judge Robert W. Sweet from Alan H. Scheiner dated April 6, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity).(Scheiner, Alan)
March 31, 2015 Filing 428 LETTER addressed to Judge Robert W. Sweet from Matthew J. Koster, Esq. dated March 30, 2015 re: Pending Motions for Summary Judgment. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Order denying cert in McGugan)(Koster, Matthew)
March 31, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nathaniel B. Smith to RE-FILE Document 425 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3-30-15. Use the event type Letter found under the event list Other Documents. (db)
March 30, 2015 Filing 427 LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Alan H Scheiner dated March 20, 2015 re: 424 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3-17-15. And requesting adjournment of the trial date. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Scheiner, Alan)
March 30, 2015 Filing 426 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3-30-15 re: Defendant Mauriello 3-26-15 Letter. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
March 30, 2015 Filing 425 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3-30-15. Document filed by Adrian Schoolcraft.(Smith, Nathaniel) Modified on 3/31/2015 (db).
March 30, 2015 Filing 424 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3-17-15. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
March 30, 2015 Filing 423 LETTER addressed to Judge Robert W. Sweet from Brian E. Lee dated March 30, 2015 re: Pending motions for summary judgment. Document filed by Isak Isakov. (Attachments: # 1 Exhibit Order denying cert in McGugan, # 2 Exhibit Ltr Supreme Court to 2d Circuit re McGugan)(Lee, Brian)
March 13, 2015 Filing 422 ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr. dated 3/6/2015 re: I write to respectfully request that we be permitted a 50-page limit for our reply memorandum relating to Mauriello's motion for summary judgment. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 3/12/2015) (rjm)
March 13, 2015 Filing 421 ENDORSED LETTER addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated 3/5/2015 re: Enlargement of page limitations. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 3/12/2015) (ajs)
March 10, 2015 Filing 420 SEALED DOCUMENT placed in vault.(rz)
March 9, 2015 Filing 419 SEALED DOCUMENT placed in vault.(mps)
March 9, 2015 Filing 418 SEALED DOCUMENT placed in vault.(mps)
March 6, 2015 Filing 417 REPLY MEMORANDUM OF LAW in Support re: 314 MOTION for Summary Judgment . . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
March 6, 2015 Filing 416 REPLY to Response to Motion re: 314 MOTION for Summary Judgment . . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Attachments: # 1 SM Exhibit DF, # 2 SM Exhibit DG, # 3 SM Exhibit DH, # 4 SM Exhibit DI, # 5 SM Exhibit DJ, # 6 SM Exhibit DK, # 7 SM Exhibit DL)(Kretz, Walter)
March 6, 2015 Filing 415 DECLARATION of Roy Lubit in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 6, 2015 Filing 414 REPLY AFFIRMATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Smith, Nathaniel)
March 6, 2015 Filing 413 RULE 56.1 STATEMENT. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 6, 2015 Filing 412 REPLY MEMORANDUM OF LAW in Support re: 305 MOTION for Summary Judgment . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 6, 2015 Filing 411 REPLY MEMORANDUM OF LAW in Support re: 297 MOTION for Summary Judgment . . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Shaffer, Ryan)
March 6, 2015 Filing 410 DECLARATION of Ryan Shaffer in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), Joseph Goff(Tax Id. 894025 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Scheiner, Alan)
March 6, 2015 Filing 409 DECLARATION of Matthew J. Koster in Support re: 408 Reply Memorandum of Law in Support of Motion. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C Part 1, # 4 Exhibit Exhibit C Part 2, # 5 Exhibit Exhibit C Part 3, # 6 Exhibit Exhibit C Part 4)(Koster, Matthew)
March 6, 2015 Filing 408 REPLY MEMORANDUM OF LAW in Support re: 360 AMENDED MOTION for Summary Judgment . . Document filed by Lillian Aldana-Bernier. (Koster, Matthew)
March 6, 2015 Filing 407 REPLY MEMORANDUM OF LAW in Support re: 351 MOTION for Summary Judgment . . Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit MM)(Radomisli, Gregory)
March 6, 2015 Filing 406 REPLY AFFIRMATION of Brian E. Lee (declaration) in Support re: 366 AMENDED MOTION for Summary Judgment and other relief.. Document filed by Isak Isakov. (Lee, Brian)
March 5, 2015 Filing 405 NOTICE OF APPEARANCE by James Fredrick Horton on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Horton, James)
March 3, 2015 Filing 404 ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr. dated 2/25/2015 re: Correction of errors in Rule 56.1(b) statement. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/28/2015) (ajs)
February 26, 2015 Filing 403 ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian Osterman dated 2/23/2015 re: Twenty additional pages for its Reply Memorandum of Law in Support of our Motion for Summary Judgment. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/25/2015) (kl)
February 13, 2015 Filing 402 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 50, # 2 Exhibit POX 51, # 3 Exhibit POX 52, # 4 Exhibit POX 53, # 5 Exhibit POX 54, # 6 Exhibit POX 55, # 7 Exhibit POX 56, # 8 Exhibit POX 58, # 9 Exhibit POX 59)(Smith, Nathaniel) Modified on 2/17/2015 (db).
February 13, 2015 Filing 401 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 40, # 2 Exhibit POX 41, # 3 Exhibit POX 42, # 4 Exhibit POX 45, # 5 Exhibit POX 46, # 6 Exhibit POX 47, # 7 Exhibit POX 48, # 8 Exhibit POX 49)(Smith, Nathaniel) Modified on 2/17/2015 (db).
February 13, 2015 Filing 400 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 36, # 2 Exhibit POX 37, # 3 Exhibit POX 38, # 4 Exhibit POX 39)(Smith, Nathaniel) Modified on 2/17/2015 (db).
February 13, 2015 Filing 399 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 28, # 2 Exhibit POX 29, # 3 Exhibit POX 31, # 4 Exhibit POX 32, # 5 Exhibit POX 34, # 6 Exhibit POX 35)(Smith, Nathaniel) Modified on 2/17/2015 (db).
February 13, 2015 Filing 398 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 19, # 2 Exhibit POX 20, # 3 Exhibit POX 21, # 4 Exhibit POX 22, # 5 Exhibit POX 23, # 6 Exhibit POX 24, # 7 Exhibit POX 25, # 8 Exhibit POX 26, # 9 Exhibit POX 27)(Smith, Nathaniel) Modified on 2/17/2015 (db).
February 13, 2015 Filing 397 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 11, # 2 Exhibit POX 12, # 3 Exhibit POX 13, # 4 Exhibit POX 15, # 5 Exhibit POX 16, # 6 Exhibit POX 18)(Smith, Nathaniel) Modified on 2/17/2015 (db).
February 13, 2015 Filing 396 DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 1, # 2 Exhibit POX 2, # 3 Exhibit POX 3, # 4 Exhibit POX 4, # 5 Exhibit POX 5, # 6 Exhibit POX 8, # 7 Exhibit POX 10)(Smith, Nathaniel)
February 13, 2015 Filing 395 NOTICE OF CHANGE OF ADDRESS by Alan Howard Scheiner on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). New Address: New York City Law Department, Office of the Corporation Counsel, 100 Church Street, Room 3-174, New York, New York, United States 10007, 212-356-2344. (Scheiner, Alan)
February 13, 2015 Opinion or Order Filing 394 ORDER granting 392 Letter Motion for Extension of Time. The summary judgment motion will be heard on submission on March 6. Trial date will be on April 20. The remaining requests are granted. So ordered. (Signed by Judge Robert W. Sweet on 2/13/2015) (ajs)
February 13, 2015 Filing 393 ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian Osterman dated 2/12/2015 re: Enlargement of page limitations. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/13/2015) (ajs)
February 13, 2015 Filing 392 LETTER MOTION for Extension of Time to File Summary Judgment Reply Papers; Extension of Time to Submit a Pre-Trial Order and Motions In Limine; and Adjournment of the Trial Date addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated February 13, 2015. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), Joseph Goff(Tax Id. 894025 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity).(Scheiner, Alan)
February 13, 2015 Set/Reset Deadlines: Replies due by 3/6/2015. (ajs)
February 12, 2015 Filing 391 DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
February 12, 2015 Filing 390 NOTICE OF APPEARANCE by Alan Howard Scheiner on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Joseph Goff(Tax Id. 894025 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Scheiner, Alan)
February 12, 2015 Filing 389 NOTICE OF APPEARANCE by Alan Howard Scheiner on behalf of Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 in his official capacity), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, Individually). (Scheiner, Alan)
February 12, 2015 Filing 388 DECLARATION of Walter Kretz in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Attachments: # 1 DA, # 2 DB, # 3 DD, # 4 DE)(Kretz, Walter)
February 12, 2015 Filing 387 MEMORANDUM OF LAW in Opposition re: 305 MOTION for Summary Judgment . . Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
February 12, 2015 Filing 386 RULE 56.1 STATEMENT. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Attachments: # 1 A, # 2 D, # 3 E, # 4 G, # 5 I, # 6 J, # 7 K, # 8 L, # 9 M, # 10 N, # 11 Q, # 12 R, # 13 S, # 14 X, # 15 BK, # 16 BL, # 17 BM, # 18 BN, # 19 BO, # 20 BP, # 21 BQ, # 22 BR, # 23 BS, # 24 BT, # 25 BU, # 26 BV, # 27 BW, # 28 BX, # 29 BY, # 30 BZ, # 31 CA, # 32 CB, # 33 CC, # 34 CD, # 35 CE, # 36 CF, # 37 CG, # 38 CH, # 39 CI, # 40 CJ, # 41 CK, # 42 CL, # 43 CM, # 44 CN, # 45 CO, # 46 CP, # 47 CQ, # 48 CR, # 49 CS, # 50 CT, # 51 CU, # 52 CV, # 53 CX, # 54 CY, # 55 CZ)(Kretz, Walter)
February 12, 2015 Filing 385 AFFIDAVIT of Steven Mauriello in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
February 11, 2015 Filing 384 RULE 56.1 STATEMENT. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
February 11, 2015 Filing 383 MEMORANDUM OF LAW in Opposition re: 297 MOTION for Summary Judgment . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
February 11, 2015 Filing 382 COUNTER STATEMENT TO Document filed by Lillian Aldana-Bernier. (Koster, Matthew)
February 11, 2015 Filing 381 MEMORANDUM OF LAW in Opposition re: 305 MOTION for Summary Judgment . . Document filed by Lillian Aldana-Bernier. (Koster, Matthew)
February 11, 2015 Filing 380 DECLARATION of Matthew J. Koster in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Exhibit A Part 1, # 2 Exhibit Exhibit A Part 2, # 3 Exhibit Exhibit A Part 3, # 4 Exhibit Exhibit A Part 4, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D Part 1, # 8 Exhibit Exhibit D Part 2, # 9 Exhibit Exhibit D Part 3, # 10 Exhibit Exhibit E)(Koster, Matthew)
February 11, 2015 Filing 379 RULE 56.1 STATEMENT. Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
February 11, 2015 Filing 378 MEMORANDUM OF LAW in Opposition re: 305 MOTION for Summary Judgment . . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
February 11, 2015 Filing 377 DECLARATION of Gregory J. Radomisli in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Osterman, Brian)
February 11, 2015 Filing 376 RULE 56.1 STATEMENT. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Shaffer, Ryan)
February 11, 2015 Filing 375 MEMORANDUM OF LAW in Opposition re: 305 MOTION for Summary Judgment . . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Shaffer, Ryan)
February 11, 2015 Filing 374 DECLARATION of Ryan Glenn Shaffer in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaffer, Ryan)
February 11, 2015 Filing 373 DECLARATION of Brian E. Lee in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Isak Isakov. (Attachments: # 1 Exhibit A: Excerpts from deposition, # 2 Exhibit B: Curriculum Vitae of Frank Dowling, M.D.)(Lee, Brian)
February 3, 2015 Filing 372 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 2/2/2015 re: Extension of Time for Reply/Response. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/2/2015) (kl) Modified on 2/3/2015 (kl).
February 3, 2015 Filing 371 SEALED DOCUMENT placed in vault.(rz)
February 3, 2015 Filing 370 DECLARATION of Service of Brian E. Lee in Support re: 366 AMENDED MOTION for Summary Judgment and other relief.. Document filed by Isak Isakov. (Lee, Brian)
February 3, 2015 Set/Reset Deadlines: Responses due by 2/11/2015; Replies due by 2/25/2015. (kl)
February 2, 2015 Filing 369 RULE 56.1 STATEMENT. Document filed by Isak Isakov. (Lee, Brian)
February 2, 2015 Filing 368 DECLARATION of Brian E. Lee in Support re: 366 AMENDED MOTION for Summary Judgment and other relief.. Document filed by Isak Isakov. (Attachments: # 1 Exhibit A: Second Amended Complaint, # 2 Exhibit B: Answer to 2nd Amended Complaint, # 3 Exhibit D: Excerpts from deposition of plaintiff, # 4 Exhibit E-1: Excerpts from depositions, # 5 Exhibit E-2: Excerpts from depositions, # 6 Exhibit E-3: Excerpts from depositions, # 7 Exhibit E-4: Excerpts from depositions, # 8 Exhibit E-5: Excerpts from depositions, # 9 Exhibit F: Third Amended Complaint, # 10 Exhibit G: Order of Judge Sweet January 16, 2015)(Lee, Brian)
February 2, 2015 Filing 367 AMENDED MEMORANDUM OF LAW in Support re: 366 AMENDED MOTION for Summary Judgment and other relief. . Document filed by Isak Isakov. (Lee, Brian)
February 2, 2015 Filing 366 AMENDED MOTION for Summary Judgment and other relief. Document filed by Isak Isakov. Responses due by 2/4/2015 Return Date set for 2/11/2015 at 12:00 PM.(Lee, Brian)
February 2, 2015 Filing 365 AMENDED MEMORANDUM OF LAW in Support re: 351 MOTION for Summary Judgment . . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
February 2, 2015 Filing 364 RULE 56.1 STATEMENT. Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
January 30, 2015 Filing 363 RULE 56.1 STATEMENT. Document filed by Lillian Aldana-Bernier. (Callan, Paul)
January 30, 2015 Filing 362 DECLARATION of Paul F. Callan in Support re: 360 AMENDED MOTION for Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Second Amended Summons and Complaint, # 2 Exhibit Answer to Second Amended Summons and Complaint, # 3 Exhibit Judge Sweet Opinion and Order dated 1/16/15, # 4 Exhibit Third Amended Summons and Complaint)(Callan, Paul)
January 30, 2015 Filing 361 MEMORANDUM OF LAW in Support re: 360 AMENDED MOTION for Summary Judgment . . Document filed by Lillian Aldana-Bernier. (Callan, Paul)
January 30, 2015 Filing 360 AMENDED MOTION for Summary Judgment . Document filed by Lillian Aldana-Bernier. Responses due by 2/4/2015 Return Date set for 2/11/2015 at 11:00 AM.(Callan, Paul)
January 30, 2015 Filing 359 RULE 56.1 STATEMENT. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
January 30, 2015 Filing 358 AFFIDAVIT of Steven Mauriello in Support re: 356 AMENDED MOTION for Summary Judgment .. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
January 30, 2015 Filing 357 AMENDED MEMORANDUM OF LAW in Support re: 356 AMENDED MOTION for Summary Judgment . . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
January 30, 2015 Filing 356 AMENDED MOTION for Summary Judgment . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Responses due by 2/4/2015 Return Date set for 2/11/2015 at 12:00 PM.(Kretz, Walter)
January 30, 2015 Filing 355 NOTICE of Amended 56.1 re: 351 MOTION for Summary Judgment .. Document filed by Jamaica Hospital Medical Center. (Radomisli, Gregory)
January 30, 2015 Filing 354 RULE 56.1 STATEMENT. Document filed by Lillian Aldana-Bernier. (Callan, Paul)
January 30, 2015 Filing 353 AMENDED MEMORANDUM OF LAW in Support re: 351 MOTION for Summary Judgment . . Document filed by Jamaica Hospital Medical Center. (Radomisli, Gregory)
January 30, 2015 Filing 352 DECLARATION of Gregory J. Radomisli in Support re: 351 MOTION for Summary Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit LL, # 2 Exhibit MM, # 3 Exhibit NN)(Radomisli, Gregory)
January 30, 2015 Filing 351 MOTION for Summary Judgment . Document filed by Jamaica Hospital Medical Center. Responses due by 2/4/2015 Return Date set for 2/11/2015 at 12:00 PM.(Radomisli, Gregory)
January 30, 2015 Filing 350 DECLARATION of Paul F. Callan in Support re: 334 MOTION to Dismiss and for other relief.. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Second Amended Summons and Complaint, # 2 Exhibit Dr. Aldana-Bernier Answer to Second Amended Summons and Complaint, # 3 Exhibit Judge Sweet Opinion and Order dated 1/16/15, # 4 Exhibit Third Amended Summons and Complaint)(Callan, Paul)
January 30, 2015 Filing 349 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 348 AMENDED MOTION for Partial Summary Judgment . MOTION for Summary Judgment . . Document filed by Lillian Aldana-Bernier. (Callan, Paul)
January 30, 2015 Filing 348 AMENDED MOTION for Partial Summary Judgment ., MOTION for Summary Judgment .( Responses due by 2/6/2015, Return Date set for 2/11/2015 at 11:00 AM.) Document filed by Lillian Aldana-Bernier.(Callan, Paul)
January 30, 2015 Filing 347 DECLARATION of Brian E. Lee in Support re: 334 MOTION to Dismiss and for other relief.. Document filed by Isak Isakov. (Attachments: # 1 Exhibit Exhibit A: Second Amended Complaint, # 2 Exhibit Exhibit B: Answer to 2nd Amended Complaint, # 3 Exhibit Exhibit D: Deposition excerpts, # 4 Exhibit Exhibit E: Exceprts 1 of 5, # 5 Exhibit Exhibit E: Exceprts 2 of 5, # 6 Exhibit Exhibit E: Exceprts 3 of 5, # 7 Exhibit Exhibit E: Exceprts 4 of 5, # 8 Exhibit Exhibit E: Exceprts 5 of 5, # 9 Exhibit Exhibit F: 3rd Amended Complaint, # 10 Exhibit Exhibit G: Order of Judge Sweet 1-16-15)(Lee, Brian)
January 30, 2015 Filing 346 DECLARATION of Ryan G. Shaffer in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaffer, Ryan)
January 30, 2015 Filing 345 AMENDED MEMORANDUM OF LAW in Support re: 334 MOTION to Dismiss and for other relief. . Document filed by Isak Isakov. (Lee, Brian)
January 30, 2015 Filing 344 RULE 56.1 STATEMENT. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Shaffer, Ryan)
January 30, 2015 Filing 343 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 297 MOTION for Summary Judgment . . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Shaffer, Ryan)
January 28, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Nathaniel Smith RE: Document No. 342 Amended Complaint,,,,,,,,,,. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. (moh)
January 26, 2015 Filing 342 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending 103 Amended Complaint,,,,,,, against Lillian Aldana-Bernier, Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Isak Isakov, Jamaica Hospital Medical Center, Jamaica Hospital Medical Center Employee's "John Doe" # 1-50, Jamaica Hospital Medical Center Employee's "John Doe" #1-50, Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), John Doe # 1-50(Individually), John Doe # 1-50(in their Official Capacities (the name John Doe being fictitious, as the true names are presently unknown) (collectively referred to as "NYPD defendants")), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), New York City Police Department, Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Graham Rayman, Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually) with JURY DEMAND.Document filed by Adrian Schoolcraft. Related document: 103 Amended Complaint,,,,,,, filed by Adrian Schoolcraft.(Smith, Nathaniel) Modified on 1/28/2015 (moh).
January 26, 2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Nathaniel Smith RE: Document No. 341 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. (mqu)
January 23, 2015 Filing 341 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - THIRD AMENDED COMPLAINT amending 103 Amended Complaint,,,,,,, against Adrian Schoolcraft with JURY DEMAND.Document filed by Adrian Schoolcraft. Related document: 103 Amended Complaint,,,,,,, filed by Adrian Schoolcraft.(Smith, Nathaniel) Modified on 1/26/2015 (mqu).
January 16, 2015 Opinion or Order Filing 340 OPINION #105154 re: 290 MOTION to Amend/Correct filed by Adrian Schoolcraft. Plaintiff's motion to amend the SAC is granted in part and denied in part. Specifically, all proposed amendments save the request to add Officers Weiss and Mascol are permitted. Plaintiff will file a new TAC in keeping with this Opinion within a week of the signing of this Opinion. Defendants need not file separate Answers to the TAC, and the TAC's allegations will be deemed denied by all Defendants on the basis of the briefing in opposition to the instant motion. All parties shall have an additional week following filing of the TAC to file amended summary judgment papers referencing the TAC rather than the SAC. The hearing on all summary judgment motions in this case, consistent with this Court's Order dated January 15, 2015, is rescheduled for Wednesday February 11, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street, to provide Defendants with additional time during which to prepare their modified summary judgment papers. (Signed by Judge Robert W. Sweet on 1/16/2015) (mro) Modified on 1/21/2015 (soh).
January 16, 2015 Filing 339 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 1/12/2015 re: Extension of time. ENDORSEMENT: So ordered. (Responses due by 1/28/2015, Replies due by 2/11/2015.) (Signed by Judge Robert W. Sweet on 1/15/2015) (ajs)
January 14, 2015 Filing 338 SEALED DOCUMENT placed in vault.(mps)
January 8, 2015 Filing 337 RULE 56.1 STATEMENT. Document filed by Isak Isakov. (Lee, Brian)
January 8, 2015 Filing 336 MEMORANDUM OF LAW in Support re: 334 MOTION to Dismiss and for other relief. . Document filed by Isak Isakov. (Lee, Brian)
January 8, 2015 Filing 335 DECLARATION of Brian E. Lee in Support re: 334 MOTION to Dismiss and for other relief.. Document filed by Isak Isakov. (Attachments: # 1 Exhibit Exhibit A: Second Amended Complaint, # 2 Exhibit Exhibit B: Answer to Second Ameneded Complaint, # 3 Exhibit Exhibit D: Schoolcraft deposition excerpts)(Lee, Brian)
January 8, 2015 Filing 334 MOTION to Dismiss and for other relief. Document filed by Isak Isakov. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM. (Attachments: # 1 Affidavit Declaration of Service)(Lee, Brian)
January 8, 2015 Filing 333 SEALED DOCUMENT placed in vault.(mps)
January 8, 2015 Filing 332 MEMORANDUM OF LAW in Support re: 329 MOTION for Summary Judgment . . Document filed by Lillian Aldana-Bernier. (Callan, Paul)
January 8, 2015 Filing 331 RULE 56.1 STATEMENT. Document filed by Lillian Aldana-Bernier. (Callan, Paul)
January 8, 2015 Filing 330 DECLARATION of Paul F. Callan in Support re: 329 MOTION for Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit 2nd amended complaint, # 2 Exhibit answer to 2nd amended complaint)(Callan, Paul)
January 8, 2015 Filing 329 MOTION for Summary Judgment . Document filed by Lillian Aldana-Bernier. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00 AM.(Callan, Paul)
January 6, 2015 Filing 328 NOTICE OF APPEARANCE by Brian Scott Osterman on behalf of Jamaica Hospital Medical Center. (Osterman, Brian)
January 5, 2015 Filing 327 MEMORANDUM OF LAW in Support re: 325 MOTION for Summary Judgment . . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
January 5, 2015 Filing 326 DECLARATION of Gregory J. Radomisli in Support re: 325 MOTION for Summary Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2, # 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit EE, # 15 Exhibit Exhibit FF, # 16 Exhibit Exhibit HH)(Osterman, Brian)
January 5, 2015 Filing 325 MOTION for Summary Judgment . Document filed by Jamaica Hospital Medical Center. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00 AM.(Osterman, Brian)
January 5, 2015 Filing 324 NOTICE of Substitution of Attorney. Old Attorney: Suzanna Publicker Mettham, New Attorney: Ryan G. Shaffer, Address: NYC Law Department, 100 Church Street, New York, NY - New York, United States 10007, 2123562386. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Mettham, Suzanna)
January 5, 2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Brian E Lee to RE-FILE Document 323 MOTION to Dismiss and for other relief. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under - Other Answers. (db)
December 31, 2014 Filing 323 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss and for other relief. Document filed by Isak Isakov. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM. (Attachments: # 1 Declaration of Brian E. Lee, # 2 Declaration of service, # 3 Rule 56 Statement of Material Facts, # 4 Exhibit A: Second Amended Complaint, # 5 Exhibit B: Answer to 2nd Amended Complaint)(Lee, Brian) Modified on 1/5/2015 (db).
December 31, 2014 Filing 320 ENDORSED LETTER addressed to Judge Robert W. Sweet from Matthew J. Koster dated 12/17/2014 re: I write to respectfully request that the page limitation for the supporting memorandum of law be enlarged from 25 to 50 pages, as approved for other moving defendants. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 12/26/2014) (kgo)
December 31, 2014 Opinion or Order Filing 319 ORDER: The following requests to file documents under seal are granted: 1. The City of New York's request dated December 17, 2014 regarding personnel and disciplinary records. 2. Jamaica Hospital Medical Center's request dated December 18, 2014 regarding all documents pertaining to medical treatment. 3. Dr. Isak Isakov's request dated December 18, 2014 regarding all documents pertaining to medical treatment. 4. Dr. Lilian Aldana-Bernier's request dated December 19, 2014 regarding all documents pertaining to medical treatment. It is so ordered. (Signed by Judge Robert W. Sweet on 12/26/2014) (kgo)
December 29, 2014 Filing 318 REPLY MEMORANDUM OF LAW in Support re: 290 MOTION to Amend/Correct . . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Schoolcraft Depo Excerpts)(Smith, Nathaniel)
December 27, 2014 Filing 322 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 12/22/2014 re: Extension of time. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 12/27/2014) (ajs)
December 27, 2014 Filing 317 RULE 56.1 STATEMENT. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Attachments: # 1 SM Exhibit A, # 2 SM Exhibit B, # 3 SM Exhibit C, # 4 SM Exhibit D, # 5 SM Exhibit E, # 6 SM Exhibit F, # 7 SM Exhibit G, # 8 SM Exhibit H, # 9 SM Exhibit I, # 10 SM Exhibit J, # 11 SM Exhibit K, # 12 SM Exhibit L, # 13 SM Exhibit M, # 14 SM Exhibit N, # 15 SM Exhibit O, # 16 SM Exhibit P, # 17 SM Exhibit Q, # 18 SM Exhibit R, # 19 SM Exhibit S, # 20 SM Exhibit T, # 21 SM Exhibit U, # 22 SM Exhibit V, # 23 SM Exhibit W, # 24 SM Exhibit X, # 25 SM Exhibit Y, # 26 SM Exhibit Z, # 27 SM Exhibit AA, # 28 SM Exhibit AB, # 29 SM Exhibit AC, # 30 SM Exhibit AD, # 31 SM Exhibit AE, # 32 SM Exhibit AF, # 33 SM Exhibit AG, # 34 SM Exhibit AH, # 35 SM Exhibit AI, # 36 SM Exhibit AJ, # 37 SM Exhibit AK, # 38 SM Exhibit AL, # 39 SM Exhibit AM, # 40 SM Exhibit AN, # 41 SM Exhibit AO, # 42 SM Exhibit AP, # 43 SM Exhibit AQ, # 44 SM Exhibit AR, # 45 SM Exhibit AS, # 46 SM Exhibit AT, # 47 SM Exhibit AU, # 48 SM Exhibit AV, # 49 SM Exhibit AW, # 50 SM Exhibit AX, # 51 SM Exhibit AY, # 52 SM Exhibit AZ, # 53 SM Exhibit BA, # 54 SM Exhibit BB, # 55 SM Exhibit BC, # 56 SM Exhibit BD, # 57 SM Exhibit BE, # 58 SM Exhibit BF, # 59 SM Exhibit BG, # 60 SM Exhibit BH, # 61 SM Exhibit BI)(Kretz, Walter)
December 27, 2014 Filing 316 MEMORANDUM OF LAW in Support re: 314 MOTION for Summary Judgment . . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
December 27, 2014 Filing 315 AFFIDAVIT of Steven Mauriello in Support re: 314 MOTION for Summary Judgment .. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
December 27, 2014 Filing 314 MOTION for Summary Judgment . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Responses due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM.(Kretz, Walter)
December 26, 2014 Filing 321 ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian Osterman dated 12/18/2014 re: Request that the Court defendant JHMC leave to file accompanying exhibits CD in lieu of paper copies. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 12/26/2014) (ajs)
December 24, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter Aoysius Kretz to RE-FILE Document 303 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
December 24, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Walter Aoysius Kretz to RE-FILE Document 304 Declaration in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
December 24, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter Aoysius Kretz to RE-FILE Document 302 MOTION for Summary Judgment . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
December 23, 2014 Filing 313 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Part 2)(Smith, Nathaniel) Modified on 12/24/2014 (db).
December 23, 2014 Filing 312 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Part 1)(Smith, Nathaniel) Modified on 12/24/2014 (db).
December 23, 2014 Filing 311 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).
December 23, 2014 Filing 310 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).
December 23, 2014 Filing 309 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit REDACTED, # 4 Exhibit REDACTED, # 5 Exhibit, # 6 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).
December 23, 2014 Filing 308 DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit REDACTED, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit REDACTED, # 7 Exhibit REDACTED, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit REDACTED, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit REDACTED, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit REDACTED, # 20 Exhibit)(Smith, Nathaniel)
December 23, 2014 Filing 307 RULE 56.1 STATEMENT. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
December 23, 2014 Filing 306 MEMORANDUM OF LAW in Support re: 305 MOTION for Summary Judgment . . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
December 23, 2014 Filing 305 MOTION for Summary Judgment . Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
December 23, 2014 Filing 304 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Walter Kretz in Support re: 302 MOTION for Summary Judgment .. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Attachments: # 1 SM Exhibit A, # 2 SM Exhibit B, # 3 SM Exhibit C, # 4 SM Exhibit D, # 5 SM Exhibit E, # 6 SM Exhibit F, # 7 SM Exhibit G, # 8 SM Exhibit H, # 9 SM Exhibit I, # 10 SM Exhibit J, # 11 SM Exhibit K, # 12 SM Exhibit L, # 13 SM Exhibit M, # 14 SM Exhibit N, # 15 SM Exhibit O, # 16 SM Exhibit P, # 17 SM Exhibit Q, # 18 SM Exhibit R, # 19 SM Exhibit S, # 20 SM Exhibit T, # 21 SM Exhibit U, # 22 SM Exhibit V, # 23 SM Exhibit W, # 24 SM Exhibit X, # 25 SM Exhibit Y, # 26 SM Exhibit Z, # 27 SM Exhibit AA, # 28 SM Exhibit AB, # 29 SM Exhibit AC, # 30 SM Exhibit AD, # 31 SM Exhibit AE, # 32 SM Exhibit AF, # 33 SM Exhibit AG, # 34 SM Exhibit AH, # 35 SM Exhibit AI, # 36 SM Exhibit AJ, # 37 SM Exhibit AK, # 38 SM Exhibit AL, # 39 SM Exhibit AM, # 40 SM Exhibit AN, # 41 SM Exhibit AO, # 42 SM Exhibit AP, # 43 SM Exhibit AQ, # 44 SM Exhibit AR, # 45 SM Exhibit AS, # 46 SM Exhibit AT, # 47 SM Exhibit AU, # 48 SM Exhibit AV, # 49 SM Exhibit AW, # 50 SM Exhibit AX, # 51 SM Exhibit AY, # 52 SM Exhibit AZ, # 53 SM Exhibit BA, # 54 SM Exhibit BB, # 55 SM Exhibit BC, # 56 SM Exhibit BD, # 57 SM Exhibit BE, # 58 SM Exhibit BF, # 59 SM Exhibit BG, # 60 SM Exhibit BH, # 61 SM Exhibit BI)(Kretz, Walter) Modified on 12/24/2014 (db).
December 23, 2014 Filing 303 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 302 MOTION for Summary Judgment . . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter) Modified on 12/24/2014 (db).
December 23, 2014 Filing 302 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Responses due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM. (Attachments: # 1 Affidavit of Steven Mauriello in support of motion)(Kretz, Walter) Modified on 12/24/2014 (db).
December 22, 2014 Filing 300 MEMORANDUM OF LAW in Support re: 297 MOTION for Summary Judgment . . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Shaffer, Ryan)
December 22, 2014 Filing 299 RULE 56.1 STATEMENT. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Shaffer, Ryan)
December 22, 2014 Filing 298 DECLARATION of Suzanna P. Mettham in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Shaffer, Ryan)
December 22, 2014 Filing 297 MOTION for Summary Judgment . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00 AM.(Shaffer, Ryan)
December 18, 2014 Filing 301 ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr. dated 12/16/2014 re: Enlargement of page limitations. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 12/18/2014) (ajs)
December 18, 2014 Filing 296 MEMORANDUM OF LAW in Opposition re: 290 MOTION to Amend/Correct . . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
December 18, 2014 Filing 295 DECLARATION of Gregory J. Radomisli in Opposition re: 290 MOTION to Amend/Correct .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2, # 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit K, # 15 Exhibit Exhibit L, # 16 Exhibit Exhibit M, # 17 Exhibit Exhibit N, # 18 Exhibit Exhibit O, # 19 Exhibit Exhibit P, # 20 Exhibit Exhibit Q, # 21 Exhibit Exhibit R, # 22 Exhibit Exhibit S, # 23 Exhibit Exhibit T, # 24 Exhibit Exhibit U, # 25 Exhibit Exhibit V, # 26 Exhibit Exhibit X)(Osterman, Brian)
December 18, 2014 Filing 294 DECLARATION of Suzanna Publicker Mettham in Opposition re: 290 MOTION to Amend/Correct .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order Withdrawal and Dismissal of Claims)(Mettham, Suzanna)
December 18, 2014 Filing 293 MEMORANDUM OF LAW in Opposition re: 290 MOTION to Amend/Correct . . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Mettham, Suzanna)
December 12, 2014 Opinion or Order Filing 292 ORDER: Plaintiff's motion to amend the operative complaint dated December 4, 2014 shall be heard on submission on Wednesday, December 31, 2014. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Signed by Judge Robert W. Sweet on 12/10/2014) (ajs)
December 4, 2014 Filing 291 MEMORANDUM OF LAW in Support re: 290 MOTION to Amend/Correct . . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Proposed Third Amended Complaint, # 2 Exhibit Second Amended Complaint, # 3 Exhibit Tracked Changes of Third Amended Complaint, # 4 Exhibit City Defendants Letter, # 5 Exhibit Plaintiff's Exhibit 171, # 6 Exhibit Plaintiff's Exhibit 70, # 7 Exhibit Bernier Transcript, # 8 Exhibit Isakov Transcript, # 9 Exhibit Dhar Transcript)(Smith, Nathaniel)
December 4, 2014 Filing 290 MOTION to Amend/Correct . Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
November 17, 2014 Filing 289 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 10/29/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 17, 2014 Filing 288 TRANSCRIPT of Proceedings re: ARGUMENT held on 10/29/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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 12/11/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/20/2015.(McGuirk, Kelly)
November 6, 2014 Opinion or Order Filing 287 UNSEALING ORDER: that the City of New York, including the Office of Corporation Counsel and the New York City Police Department, shall not be bound by the statutory sealing requirements of CPL §§ 160.50 and 160.55, as it relates to the videos at issue. The City Defendant shall produce non-party information subject to CPL §§ 160.50 and 160.55, contained on the subject videos, to plaintiff. The use of the above-referenced records is restricted to use in the above-entitled civil rights actions and shall be protected by plaintiff's counsel as "Attorneys' Eye Only," such that plaintiff's counsel may not disclose the non-party information on the videos to anyone other than employees of their firms, relevant deponents (and any court reporter/videographer at the deposition), and the Court. (Signed by Judge Robert W. Sweet on 11/5/2014) (tro)
November 5, 2014 Filing 286 ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian Osterman dated 11/4/2014 re: Enlargement of page limitations. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 11/4/2014) (ajs)
November 5, 2014 Filing 285 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 11/4/2014 re: Enlargement of page limitations. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 11/5/2014) (ajs)
November 3, 2014 Filing 284 LETTER addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated 10/6/2014 re: Request to adjourn trial date. (ajs)
November 3, 2014 Filing 283 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 10/16/2014 re: Response to letter submitted by City Defendants, dated October 14, 2014. (ajs)
November 3, 2014 Filing 282 LETTER addressed to Honorable Sir from Brian E. Lee dated 10/14/2014 re: Approval of the briefing schedule for the dispositive motions in this case. (ajs)
November 3, 2014 Filing 281 LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 10/7/2014 re: Conference request. (ajs)
October 29, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/29/2014 re: 281 Letter, 282 Letter, 284 Letter, 283 Letter. (Court Reporter Kristen Carannante) (Chan, Tsz)
October 23, 2014 Filing 280 NOTICE OF APPEARANCE by Brian Scott Osterman on behalf of Jamaica Hospital Medical Center. (Osterman, Brian)
October 21, 2014 Filing 279 NOTICE OF APPEARANCE by Brian Scott Osterman on behalf of Jamaica Hospital Medical Center. (Osterman, Brian)
October 21, 2014 Opinion or Order Filing 278 ORDER: Defendant Jamaica Hospital Medical Center's letter to the Court dated October 6, 2014; Defendant Dr. Isak Isakov's letter to the Court dated October 14, 2014; and Plaintiff's letters to the Court dated October 7, 2014 and October 16, 2014 will be treated as motions and shall be heard at noon on Wednesday, October 29, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Set Deadlines/Hearing: Motion Hearing set for 10/29/2014 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 10/21/2014) (ajs)
October 17, 2014 Filing 277 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/1/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 17, 2014 Filing 276 TRANSCRIPT of Proceedings re: conference held on 10/1/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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 11/10/2014. Redacted Transcript Deadline set for 11/20/2014. Release of Transcript Restriction set for 1/18/2015.(McGuirk, Kelly)
October 9, 2014 Opinion or Order Filing 275 STIPULATED AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Robert W. Sweet on 10/1/2014) (ajs)
October 7, 2014 Filing 274 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/17/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 7, 2014 Filing 273 TRANSCRIPT of Proceedings re: conference held on 9/17/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. 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 10/31/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/8/2015.(McGuirk, Kelly)
September 23, 2014 Filing 272 ENDORSED LETTER addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated 9/22/2014 re: Defendants request to file twenty-five additional pages for their impending summary judgment motion. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/23/2014) (ajs)
September 23, 2014 Filing 271 ENDORSED LETTER addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated 9/18/2014 re: 1) Plaintiff's failure to comply with the Court's 8/29/14 Order and 2) Plaintiff's untimely disclosure of no less than seventeen individuals whom he claims, for the very first time, "may have information relevant to this action". ENDORSEMENT: Treat as motion to compel and to bar not previously disclosed witnesses returnable 9-24. So ordered. (Signed by Judge Robert W. Sweet on 9/19/2014) (ajs)
September 17, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 9/17/2014 re: 269 LETTER MOTION for Local Rule 37.2 Conference Motion to Compel Plaintiff's Expert Discovery addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated September 4, 2014. filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, The City Of New York, Michael Marino. (sc)
September 15, 2014 Opinion or Order Filing 270 ORDER: City Defendants' letter, dated September 4, 2014, shall be heard at noon on Wednesday, September 17, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the Local Civil Rules. It is so ordered. Set Deadlines/Hearing: Motion Hearing set for 9/17/2014 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 9/12/2014) (ajs)
September 5, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCU. Document No. 269 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Compel must be formally filed. (db)
September 4, 2014 Filing 269 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference Motion to Compel Plaintiff's Expert Discovery addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated September 4, 2014. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mettham, Suzanna) Modified on 9/5/2014 (db).
August 29, 2014 Opinion or Order Filing 268 OPINION #104659: Discovery disputes have plagued this highly controversial action, perhaps understandably. The letters submitted by Plaintiff Adrian Schoolcraft ("Schoolcraft" or the "Plaintiff") on July 23, July 25, August 5, and August 12, 2014, defendant the City of New York (the "City") on July 29 and August 12, 2014, defendant Dr. Isak Isakov ("Dr. Isakov") on August 5, 2014, defendant Jamaica Hospital Medical Center ("JHMC") on July 24, 2014, and non-party witness Dr. Indira Patel ("Dr. Patel") on July 31, August 14, and August 15, 2014 are being treated as motions to compel discovery and oppositions to such motions, as set forth within. The following documents shall be produced by the City to Plaintiff (See Order). Plaintiff shall update his discovery responses pertaining to his financial and physical/emotional damages within two weeks of the filing of this Order. Given the aforementioned ruling on Dr. Patel's deposition, the motion of Dr. Isakov is denied as moot. It is so ordered. (See Order). (Signed by Judge Robert W. Sweet on 8/27/2014) (ajs) Modified on 9/2/2014 (ca).
August 12, 2014 Opinion or Order Filing 267 OPINION #104610. Based on the reasoning set forth in this Opinion, Defendant's motion for reconsideration is denied. It is so ordered. (Signed by Judge Robert W. Sweet on 7/30/2014) (rjm) Modified on 8/14/2014 (ca).
August 6, 2014 Opinion or Order Filing 266 ORDER. Plaintiff's letter dated July 25, 2014 will be treated as a motion and heard on submission August 13, 2014. It is so ordered. (Signed by Judge Robert W. Sweet on 8/6/2014) (rjm)
July 30, 2014 Opinion or Order Filing 265 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 7/22/2014 re: Accordingly, I am requesting, with the consent of all parties, that the discovery and motion deadlines set forth in the current Scheduling Order be each adjourned one week. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 7/25/2014) (ama)
July 1, 2014 Opinion or Order Filing 264 ORDER. City Defendant's letter dated June 12, 2014 shall be treated as a motion and heard on submission on Wednesday, July 2, 2014. It is so ordered. (Signed by Judge Robert W. Sweet on 6/27/2014) (rjm)
June 20, 2014 Filing 263 BRIEF . Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
June 18, 2014 Filing 262 RULE 26 (f)(3) AMENDED DISCOVERY PLAN: ( Deposition due by 10/9/2014., Fact Discovery due by 7/18/2014.) (Signed by Judge Robert W. Sweet on 6/12/2014) (lmb)
June 10, 2014 Filing 261 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/28/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
June 10, 2014 Filing 260 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/28/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. 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 7/7/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/11/2014.(Rodriguez, Somari)
May 28, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument on motion for protective order held on 5/28/2014 re: 255 Order, Set Hearings, 258 Letter filed by Jamaica Hospital Medical Center. (sc)
May 28, 2014 Filing 259 REPLY . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
May 23, 2014 Filing 258 LETTER addressed to Judge Robert W. Sweet from Gregory J Radomisli dated May 23, 2014 re: Response to plaintiff's counsel's letter. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit A)(Radomisli, Gregory)
May 22, 2014 Filing 257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/30/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
May 22, 2014 Filing 256 TRANSCRIPT of Proceedings re: MOTION held on 4/30/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. 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 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari)
May 20, 2014 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 5/20/2014. (aba)
May 20, 2014 Opinion or Order Filing 255 ORDER. City Defendant's letter dated May 16, 2014 shall be treated as a motion and heard at noon on Wednesday, May 28, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. It is so ordered. (Oral Argument set for 5/28/2014 at 12:00 PM in Courtroom 18C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 5/19/2014) (rjm)
May 9, 2014 Filing 254 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/9/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
May 9, 2014 Filing 253 TRANSCRIPT of Proceedings re: MOTION held on 4/9/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. 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 6/2/2014. Redacted Transcript Deadline set for 6/12/2014. Release of Transcript Restriction set for 8/11/2014.(Rodriguez, Somari)
May 8, 2014 Opinion or Order Filing 252 OPINION 104315 re: 242 MOTION to Strike Document No. [10-cv-6005 (RWS)] filed by Adrian Schoolcraft. Based on the foregoing above, Plaintiff's motion for strike is denied. (Signed by Judge Robert W. Sweet on 5/7/2014) (tro) Modified on 5/9/2014 (nt).
May 8, 2014 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 5/8/2014. Telephone conference scheduled for 5/20/14 at 11:30 a.m. (aba)
April 30, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 4/30/2014 re: 244 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated April 15, 2014. filed by Jamaica Hospital Medical Center, 242 MOTION to Strike Document No. [10-cv-6005 (RWS)]. filed by Adrian Schoolcraft. (sc)
April 29, 2014 Filing 251 REPLY MEMORANDUM OF LAW in Support re: 242 MOTION to Strike Document No. [10-cv-6005 (RWS)]. . Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
April 28, 2014 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 4/28/2014. Canceled in person settlement conference. Telephone conference scheduled for 5/8/14 at 12 noon. (aba)
April 28, 2014 Filing 250 LETTER RESPONSE in Support of Motion addressed to Judge Robert W. Sweet from Gregory J Radomisli dated April 28, 2014 re: 244 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated April 15, 2014. . Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit 1)(Radomisli, Gregory)
April 24, 2014 Filing 249 MEMORANDUM OF LAW in Opposition to plaintiff's motion to strike. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
April 24, 2014 Filing 248 DECLARATION of Walter Kretz in Opposition. Document filed by Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually). (Kretz, Walter)
April 22, 2014 Opinion or Order Filing 247 OPINION 104239 re: 223 MOTION to Compel Graham Rayman to Produce Documents filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, The City Of New York, Michael Marino. Upon the conclusions set forth above, City Defendants' motion to compel is granted with respect to Subpoena Requests Nos. 3, 5, 8, and 10. The City's motion is denied with respect to all other Subpoena Requests. It is so ordered. (Signed by Judge Robert W. Sweet on 4/18/2014) (ajs) Modified on 4/24/2014 (nt).
April 17, 2014 Opinion or Order Filing 246 ORDER: Plaintiff's motion to strike shall be heard at noon on Wednesday, April 30, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. Set Deadlines/Hearing as to (Motion Hearing set for 4/30/2014 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/17/2014) (ajs)
April 17, 2014 Opinion or Order Filing 245 ORDER: Set Deadlines/Hearing as to 244 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated April 15, 2014. Defendant Jamaica Hospital Medical Center's letter, dated April 15, 2014, will be treated as a motion and heard at noon on Wednesday, April 30, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. (Motion Hearing set for 4/30/2014 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/17/2014) (ajs)
April 15, 2014 Filing 244 LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated April 15, 2014. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Radomisli, Gregory)
April 11, 2014 Filing 243 MEMORANDUM OF LAW in Support. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A)(Smith, Nathaniel)
April 11, 2014 Filing 242 MOTION to Strike Document No. [10-cv-6005 (RWS)]. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
April 10, 2014 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 4/10/2014. Telephone conference scheduled for 4/28/14 at 4:00 p.m. Tentative settlement conference scheduled for 5/8/14 at 2:00 p.m. (aba)
April 9, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 4/9/2014 re: 223 MOTION to Compel Graham Rayman to Produce Documents. filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, The City Of New York, Michael Marino. (sc)
April 7, 2014 Filing 241 MEMORANDUM OF LAW in Support re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A)(Smith, Nathaniel)
April 7, 2014 Filing 240 ANSWER to 231 Counterclaim. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
April 7, 2014 Opinion or Order Filing 239 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Robert W. Sweet on 4/7/2014) (lmb)
April 4, 2014 Filing 238 REPLY MEMORANDUM OF LAW in Support re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Mettham, Suzanna)
March 28, 2014 Filing 237 DECLARATION of Graham Rayman in Opposition re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Graham Rayman. (Korzenik, David)
March 28, 2014 Filing 236 MEMORANDUM OF LAW in Opposition re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Graham Rayman. (Korzenik, David)
March 28, 2014 Filing 235 NOTICE OF APPEARANCE by David S. Korzenik on behalf of Graham Rayman. (Korzenik, David)
March 26, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Status Conference was held on 3/26/2014. Discovery issue was heard by the court. Decision is reserved. (sc)
March 26, 2014 Filing 234 RULE 26(F)(3) AMENDED DISCOVERY PLAN: ( Deposition due by 9/12/2014., Fact Discovery due by 6/14/2014., Motions due by 8/25/2014., Pretrial Order due by 10/1/2014. Responses due by 9/22/2014., Replies due by 9/30/2014.) Trial 10/13. (Signed by Judge Robert W. Sweet on 3/25/2014) (lmb)
March 26, 2014 Filing 233 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/13/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
March 26, 2014 Filing 232 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/13/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. 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 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/27/2014.(Rodriguez, Somari)
March 18, 2014 Filing 231 COUNTERCLAIM against Adrian Schoolcraft.Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity).(Kretz, Walter)
March 17, 2014 Filing 230 ENDORSED LETTER addressed to Judge Robert W. Sweet from David S. Korzenik dated 3/12/2014 re: I write to request that Mr. Rayman's time to respond to the motion be extended to Friday, March 28, and that the City's time to reply be extended accordingly, to Friday, April 4. ENDORSEMENT: So ordered., ( Responses due by 3/28/2014., Replies due by 4/4/2014.) (Signed by Judge Robert W. Sweet on 3/13/2014) (lmb)
March 17, 2014 Opinion or Order Filing 229 ORDER: City Defendants' motion to compel shall be heard on Wednesday, April 9, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with the Local Rules. (Signed by Judge Robert W. Sweet on 3/14/2014) (lmb)
March 14, 2014 Opinion or Order Filing 228 OPINION #104065 re: 200 MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,. MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion. filed by Steven Mauriello. Given the reasoning above, Defendant Mauriello's motion for reconsideration is granted. Defendant has leave to file an answer amended with counterclaims. (Signed by Judge Robert W. Sweet on 3/13/2014) (lmb) Modified on 3/17/2014 (ca).
March 14, 2014 Opinion or Order Filing 227 ENDORSED LETTER addressed to Judge Robert W. Sweet from David S. Korzenik dated 3/12/2014 re: I write to request that Mr. Rayman's time to respond to the motion be extended to Friday, March 28, and that the City's time to reply be extended accordingly, to Friday, April 4. ENDORSEMENT: So ordered., ( Responses due by 3/28/2014., Replies due by 4/4/2014.) (Signed by Judge Robert W. Sweet on 3/13/2014) (lmb)
March 13, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Scheduling Conference held on 3/13/2014. (sc)
March 5, 2014 Filing 226 ENDORSED LETTER addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated 3/3/2014 re: Request for extension of reply deadline until 3/7/2014. ENDORSEMENT: Extension to reply to March 7 granted. Motion to be heard March 13. So ordered. (Replies due by 3/7/2014.) (Signed by Judge Robert W. Sweet on 3/4/2014) (rjm)
March 5, 2014 Filing 225 DECLARATION of Suzanna Publicker Mettham in Support re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Mettham, Suzanna)
March 5, 2014 Filing 224 MEMORANDUM OF LAW in Support re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Mettham, Suzanna)
March 5, 2014 Filing 223 MOTION to Compel Graham Rayman to Produce Documents. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually).(Mettham, Suzanna)
March 3, 2014 Opinion or Order Filing 222 ORDER re: 217 Letter filed by The City Of New York, 218 Response to Motion, filed by Adrian Schoolcraft, 214 LETTER MOTION for Local Rule 37.2 Conference and request to preclude plaintiff from relying upon information which he has failed to provide pursuant to the Court's January 15, 2014 Order addressed to Judge Robert W. Sweet from Ryan G. Shaf filed by The City Of New York, 219 LETTER MOTION for Local Rule 37.2 Conference Reply to January 30, 2014 Letter Motion addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated February 14, 2014 filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, The City Of New York, Michael Marino: Plaintiffs and City defendants shall meet and confer and prepare a list of disputed issues to be heard by the court at 2 p.m. on Thursday, 3/13/2014, in Courtroom 18C. (Status Conference set for 3/13/2014 at 02:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/3/2014) (tn)
February 19, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Ryan Glenn Shaffer. Document No. 220 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion for a Protective Order must be formally filed. (db)
February 18, 2014 Opinion or Order Filing 221 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 2/10/2014 re: Accordingly, I request that this schedule be so-ordered and that the City Defendants' request for a default, dated February 10, 2014, be denied. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 2/11/2014) (ama)
February 18, 2014 Filing 220 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated February 18, 2014. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaffer, Ryan) Modified on 2/19/2014 (db).
February 18, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Suzanna Publicker Mettham. Document No. 219 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion for Sanctions must be formally filed. (db)
February 14, 2014 Filing 219 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference Reply to January 30, 2014 Letter Motion addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated February 14, 2014. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). Return Date set for 2/11/2014 at 12:00 PM. (Attachments: # 1 Exhibit A - Transcript of January 15, 2014 Conference)(Mettham, Suzanna) Modified on 2/18/2014 (db).
February 12, 2014 Filing 218 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated February 12, 2014 re: 214 LETTER MOTION for Local Rule 37.2 Conference and request to preclude plaintiff from relying upon information which he has failed to provide pursuant to the Court's January 15, 2014 Order addressed to Judge Robert W. Sweet from Ryan G. Shaf. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
February 10, 2014 Filing 217 LETTER addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated February 10, 2014 re: Defendants' January 30, 2014 Letter Motion. Document filed by The City Of New York.(Shaffer, Ryan)
February 7, 2014 Filing 216 ENDORSED LETTER addressed to Judge Robert W. Sweet, from Nathaniel B. Smith, dated 2/5/2014, re: request that the City Defendants' motion on the Court's calendar for February 11, 2014 be adjourned one week to February 18, 2014. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/6/2014) (ja)
February 4, 2014 Opinion or Order Filing 215 ORDER: City Defendant's letter will be treated as a motion and heard at noon on Tuesday, February 11, 2014. All papers shall be served in accordance with Local Civil Rule 6.1., ( Motion Hearing set for 2/11/2014 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 2/4/2014) (lmb)
January 31, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Ryan Glenn Shaffer. Document No. 214 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Preclude must be formally filed. (db)
January 30, 2014 Filing 214 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference and request to preclude plaintiff from relying upon information which he has failed to provide pursuant to the Court's January 15, 2014 Order addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated January 30, 2014. Document filed by The City Of New York.(Shaffer, Ryan) Modified on 1/31/2014 (db).
January 22, 2014 Filing 213 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/15/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
January 22, 2014 Filing 212 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/15/2014 before Judge Robert W. Sweet. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. 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 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/25/2014.(Rodriguez, Somari)
January 15, 2014 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 1/15/2014 re: 206 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated December 18, 2013. filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, Steven Mauriello, The City Of New York, Michael Marino. (sc)
January 13, 2014 Opinion or Order Filing 211 ORDER re: 206 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated December 18, 2013, filed by Kurt Duncan, Gerald Nelson, Timothy Caughey, Thomas Hanley, Elise Hanlon, Robert W. O'Hare, Shantel James, Christopher Broschart, Sondra Wilson, Richard Wall, Theodore Lauterborn, William Gough, Frederick Sawyer, Timothy Trainer, Steven Mauriello, The City Of New York, Michael Marino. City Defendant's letter, ECF No. 206, will be treated as a motion and heard at noon on Wednesday, January 15, 2014. All papers shall be served in accordance with Local Civil Rule 6.1. (Motion Hearing set for 1/15/2014 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/9/2014) (ja)
January 13, 2014 Filing 210 RULE 26(f)(3) AMENDED DISCOVERY PLAN: The depositions of the defendants not previously deposed shall be held as set forth herein. Depositions of Non-Party witnesses (identified to date; does not preclude additional non-party depositions) by subpoenas served or to be served as set forth in this Order. The handling of confidential and attorneys' eyes only confidential and/or privileged information continues to be controlled by the Stipulation and Protective Order... Local Rule 33.3(c) interrogatories seeking the claims and contentions of the opposing parties shall be served after the depositions of the parties are completed... Fact discovery shall be completed by March 14, 2014....Plaintiff's expert disclosure shall be made by March 7, 2014 and defendants' expert disclosure shall be made by April 4, 2014. Depositions of plaintiff's expert(s) shall be completed by April 18, 2014 and depositions of defendants' experts shall be completed by May 2, 2014. Any dispositive motions shall be served by June 6, 2014. All dates in this discovery plan are subject to modification. It is expressly understood that the dates for expert discovery are preliminary and may change. The parties have conferred on this Schedule and Agree on the provisions hereof, except as noted above, and submit same to Judge Sweet for his approval. It is so Ordered. (Deposition due by 5/2/2014. Fact Discovery due by 3/14/2014.) (Signed by Judge Robert W. Sweet on 1/9/2014) (ja)
January 13, 2014 Filing 209 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTIONS proceeding held on 9/25/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
January 13, 2014 Filing 208 TRANSCRIPT of Proceedings re: MOTIONS held on 9/25/2013 before Judge Robert W. Sweet. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. 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 2/6/2014. Redacted Transcript Deadline set for 2/18/2014. Release of Transcript Restriction set for 4/17/2014.(Rodriguez, Somari)
January 2, 2014 Filing 207 NOTICE OF CHANGE OF ADDRESS by Suzanna Publicker Mettham on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), New York City Police Department, Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). New Address: New York City Law Department, 100 Church Street, Rm 3-200, New York, New York, United States 10007, 212-356-2372. (Mettham, Suzanna)
December 18, 2013 Filing 206 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated December 18, 2013. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Mettham, Suzanna)
December 16, 2013 Filing 205 REPLY to Response to Motion re: 200 MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,. MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,.. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
December 10, 2013 Filing 204 NOTICE OF APPEARANCE by Ryan Glenn Shaffer on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Shaffer, Ryan)
December 9, 2013 Filing 203 MEMORANDUM OF LAW in Opposition re: 200 MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,. MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
December 4, 2013 Opinion or Order Filing 202 ORDER: Defendat Mauriello's motion for reconsideration will be heard on submission on December 18, 2013. All papers shall be served in accordance with the Local Rules. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 12/03/2013) (ama)
November 25, 2013 Filing 201 MEMORANDUM OF LAW in Support re: 200 MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,. MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,.. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
November 25, 2013 Filing 200 MOTION for Reconsideration re; 175 Memorandum of Law in Support of Motion, 174 Declaration in Support of Motion,. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Return Date set for 12/18/2013 at 12:00 PM.(Kretz, Walter)
November 21, 2013 Opinion or Order Filing 199 OPINION: #103768 For the reasons set forth below, City Defendants' motion is denied, Defendant Mauriello's motion is denied and Medical Defendants' motion is denied in part. Plaintiff's motions are denied. As noted above, because of Plaintiff's failure to serve a proper Rule 30 notice of fines or sanctions will be imposed. It is so ordered. (Signed by Judge Robert W. Sweet on 11/20/2013) (rsh) Modified on 11/25/2013 (ca).
November 14, 2013 Filing 198 LETTER addressed to Judge Robert W. Sweet from Matthew J. Koster dated November 13, 2013 re: Further support of defendants motion for a protective order. Document filed by Lillian Aldana-Bernier.(Koster, Matthew)
November 14, 2013 Filing 197 NOTICE OF APPEARANCE by William Robert Devine on behalf of Isak Isakov. (Devine, William)
November 14, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Joseph Koster to RE-FILE Document 196 Reply to Response to Motion. ERROR(S): Document linked to filing error. (db)
November 13, 2013 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 11/13/2013 re: 173 MOTION for Leave to File Answer Amended with Counterclaims. filed by Steven Mauriello. (sc)
November 13, 2013 Filing 196 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER REPLY to Response to Motion addressed to Judge Robert W. Sweet from Matthew J. Koster dated November 13, 2013 re: 188 JOINT MOTION for Protective Order by medical defendants.. Document filed by Lillian Aldana-Bernier. (Koster, Matthew) Modified on 11/14/2013 (db).
November 13, 2013 Filing 195 NOTICE OF CHANGE OF ADDRESS by Matthew Joseph Koster on behalf of Lillian Aldana-Bernier. New Address: Callan Koster Brady & Brennan, LLP, One Whitehall Street 10th Floor, New York, New York, USA 10004, 212.248.8800. (Koster, Matthew)
November 12, 2013 Filing 194 NOTICE OF APPEARANCE by Matthew Joseph Koster on behalf of Lillian Aldana-Bernier. (Koster, Matthew)
November 12, 2013 Filing 193 NOTICE OF APPEARANCE by Paul F. Callan on behalf of Lillian Aldana-Bernier. (Callan, Paul)
November 11, 2013 Filing 192 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 11-11-13 re: 184 LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
November 1, 2013 Opinion or Order Filing 191 ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian E. Lee dated 10/30/2013 re: We respectfully request that the following application be added to the calendar for November 13, 2013, when other motions will also be heard in this case. My ECF filing of this was rejected, as a motion for a protective order must be a formal motion. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 10/31/2013) (ama)
October 31, 2013 Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/16/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
October 31, 2013 Filing 189 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/16/2013 before Judge Robert W. Sweet. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. 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 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/1/2014.(Rodriguez, Somari)
October 29, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Brian E Lee. Document No. 188 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion for a Protective Order must be formally filed. (db)
October 28, 2013 Filing 188 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION for Protective Order by medical defendants. Document filed by Isak Isakov. Return Date set for 11/13/2013 at 12:00 PM. (Attachments: # 1 Exhibit Exhibit A)(Lee, Brian) Modified on 10/29/2013 (db).
October 25, 2013 Filing 187 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 10/23/2013 re: Request that the pending motions be set down for oral argument on 11/13/2013 at noon. ENDORSEMENT: So Ordered. ( Oral Argument set for 11/13/2013 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/24/2013) (cd)
October 22, 2013 Filing 186 REPLY MEMORANDUM OF LAW in Support. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
October 22, 2013 Filing 185 DECLARATION of Walter Kretz in Support. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Attachments: # 1 Exhibit Exhibit 1)(Kretz, Walter)
October 16, 2013 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/16/2013.re: #178 Motion to Resolve the Stay(letter motion) and #180 Motion to Strike. (sc) Modified on 10/21/2013 (sc).
October 16, 2013 Filing 184 LETTER MOTION for Local Rule 37.2 Conference Reply to Pl. Opp. Dated 10/15/13 (Dkt. No. 181) addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 16, 2013. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). Return Date set for 10/16/2013 at 12:00 PM. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mettham, Suzanna)
October 15, 2013 Filing 183 NOTICE OF APPEARANCE by Howard Andrew Suckle on behalf of Adrian Schoolcraft. (Suckle, Howard)
October 15, 2013 Filing 182 NOTICE OF APPEARANCE by Howard Andrew Suckle on behalf of Adrian Schoolcraft. (Suckle, Howard)
October 15, 2013 Filing 181 MEMORANDUM OF LAW in Support. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Village Voice Article, # 2 Exhibit Trial Testimony)(Smith, Nathaniel)
October 15, 2013 Filing 180 MOTION to Strike Document No. [174-1]. Document filed by Adrian Schoolcraft.(Smith, Nathaniel)
October 10, 2013 Opinion or Order Filing 179 ORDER: Defendants' letter, dated October 9, 2013, will be treated as a motion and heard at noon on Wednesday, October 16, 2013, in Courtroom 18C. All motion papers shall be served in accordance with Local Civil Rule 6.1. Set Deadlines/Hearing as to 163 LETTER MOTION for Local Rule 37.2 Conference Reply to City Defendants' 08.21.13 Motion for Relief addressed to Judge Robert W. Sweet from Suzanna Mettham dated September 9, 2013. 164 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 9-9-13. ( Motion Hearing set for 10/16/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/9/2013) (cd)
October 9, 2013 Filing 178 SECOND LETTER MOTION for Local Rule 37.2 Conference Opposing Plaintiff's Demand for the Return of Certain Property by the NYPD addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 9, 2013. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A)(Mettham, Suzanna)
October 1, 2013 Filing 177 LETTER MOTION for Local Rule 37.2 Conference In Opp. to Plaintiff's 09/27/13 Letter Motion re AEO Designations addressed to Judge Robert W. Sweet from Suzanna Mettham dated October 1, 2013. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually).(Mettham, Suzanna)
September 26, 2013 Opinion or Order Filing 176 ORDER: Plaintiff's motion for leave to file an amended answer with counterclaims will be heard at noon on Wednesday, 10/16/2013. All papers shall be served in accordance with Local Civil rule 6.1. Set Deadlines/Hearing as to 173 MOTION for Leave to File Answer Amended with Counterclaims. ( Motion Hearing set for 10/16/2013 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/25/2013) (cd)
September 25, 2013 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 9/25/2013 re: 66 Order, Set Motion(to compel)and R&R Deadlines/Hearings. (sc)
September 25, 2013 Filing 175 MEMORANDUM OF LAW in Support re: 173 MOTION for Leave to File Answer Amended with Counterclaims.. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
September 25, 2013 Filing 174 DECLARATION of Walter Kretz in Support re: 173 MOTION for Leave to File Answer Amended with Counterclaims.. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Attachments: # 1 Exhibit Proposed Amended Answer, # 2 Exhibit NYPD Tapes cover)(Kretz, Walter)
September 25, 2013 Filing 173 MOTION for Leave to File Answer Amended with Counterclaims. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Return Date set for 10/16/2013 at 12:00 PM.(Kretz, Walter)
September 25, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter Aoysius Kretz to RE-FILE Document 171 MOTION for Leave to File Amended Answer. ERROR(S): Supporting Documents are filed sepoarately, each receiving their own document #. Declaration in Support of Motion is found under the Event Type - Replies, Opposition and Supporting Documents. (db)
September 25, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Walter Aoysius Kretz to RE-FILE Document 172 MOTION for Leave to File Amended Answer Memorandum of Law in Support. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
September 24, 2013 Filing 172 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Amended Answer Memorandum of Law in Support. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Return Date set for 10/16/2013 at 12:00 PM.(Kretz, Walter) Modified on 9/25/2013 (db).
September 24, 2013 Filing 171 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Amended Answer. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). Return Date set for 10/16/2013 at 12:00 PM. (Attachments: # 1 Declaration, # 2 Exhibit A - Proposed Amended Answer, # 3 Exhibit B - NYPD Tapes)(Kretz, Walter) Modified on 9/25/2013 (db).
September 23, 2013 Filing 170 LETTER REPLY to Response to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated September 23, 2013 re: 164 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 9-9-13.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
September 18, 2013 Filing 169 LETTER RESPONSE to Motion addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated September 18, 2013 re: 163 LETTER MOTION for Local Rule 37.2 Conference Reply to City Defendants' 08.21.13 Motion for Relief addressed to Judge Robert W. Sweet from Suzanna Mettham dated September 9, 2013.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
September 18, 2013 Filing 168 LETTER MOTION for Local Rule 37.2 Conference Opposition to Plaintiff's 09.09.13 Letter Motion addressed to Judge Robert W. Sweet from Suzanna Mettham dated September 18, 2013. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Publicker, Suzanna)
September 12, 2013 ***DELETED DOCUMENT pursuant to instructions from Chambers on 9/13/2013. Deleted document number 168 ORDER. The document was incorrectly filed in this case. (tro)
September 12, 2013 Opinion or Order Filing 167 ORDER: The Plaintiff's letter dated September 9, 2013 will be treated as a motion and heard at noon on Wednesday, September 25, 2013, in courtroom 18C. Any opposition papers shall be served by September 18, 2013, and any reply papers shall be served by September 23, 2013. (Motion Hearing set for 9/25/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/12/2013) (rsh)
September 12, 2013 Opinion or Order Filing 166 ORDER: The City Defendants' letter dated August 21, 2013 will be treated as a motion and heard at noon on Wednesday, September 25, 2013, courtroom 18C. Any opposition shall be served by September 18, 2013, and any reply papers shall be served by September 23, 2013. ( Motion Hearing set for 9/25/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/10/2013) (cd)
September 12, 2013 Filing 165 NOTICE of Attorney Change of Name. Document filed by The City Of New York. (Publicker, Suzanna)
September 10, 2013 Filing 164 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 9-9-13. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A-F)(Smith, Nathaniel)
September 9, 2013 Filing 163 LETTER MOTION for Local Rule 37.2 Conference Reply to City Defendants' 08.21.13 Motion for Relief addressed to Judge Robert W. Sweet from Suzanna Mettham dated September 9, 2013. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), New York City Police Department, Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually).(Publicker, Suzanna)
September 5, 2013 Filing 162 Rule 26(f)(3) AMENDED DISCOVERY PLAN: The parties submit the following Amended Discovery Plan, pursuant to Federal Rules of Civil Procedure Rule 26(f) (3). (Deposition due by 3/5/2014., Fact Discovery due by 1/10/2014., Motions due by 4/7/2014.) (Signed by Judge Robert W. Sweet on 8/30/2013) (rsh)
August 27, 2013 Opinion or Order Filing 160 OPINION: Based upon the conclusions set forth above, the Medical Defendants' motion is denied with respect to their request for a gag order order, and granted with respect to their request for a protective order, pursuant to the provisions set forth above. So Ordered (Signed by Judge Robert W. Sweet on 8/24/2013) (js)
August 21, 2013 ***DELETED DOCUMENT. Deleted document number 160 RULE 26(f)(3) AMENDED DISCOVERY PLAN. The document was incorrectly filed in this case. (lmb)
August 19, 2013 Filing 159 NOTICE OF APPEARANCE by Walter Aoysius Kretz, Jr on behalf of Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity). (Kretz, Walter)
August 7, 2013 Filing 158 RULE 26(f)(3) AMENDED DISCOVERY PLAN: Deposition due by 3/5/2014. Fact Discovery due by 12/6/2013. Any dispositive motions shall be served by 4/5/2014. (Signed by Judge Robert W. Sweet on 8/5/2013) (lmb) Modified on 8/12/2013 (lmb).
June 28, 2013 Opinion or Order Filing 157 OPINION: As set forth above, if the Hearing were to be conducted, there is a possibility that findings will be made that would have a preclusive effect upon the instant action, and therefore interfere with the Courts ability to fully adjudicate the issues before it. In addition, Younger abstention is inapplicable here, and Plaintiff has demonstrated that a preliminary injunction is warranted. Accordingly, upon the conclusions set forth above, Plaintiffs motion for a preliminary injunction is granted. The City of New York and the NYPD and their agents, servants, employees, and any parties acting on their behalf are preliminary enjoined from pursuing all further administrative proceedings against Plaintiff Adrian Schoolcraft, pending the resolution of this action or a determination by the City that its departmental proceeding will not have a preclusive effect on the issues raised in this action. (Signed by Judge Robert W. Sweet on 6/28/2013) (ft)
June 24, 2013 Filing 156 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 6/18/2013 re: I am writing to Your Honor to request an extension on the deadline for complying with the Court's June 6, 2013 discovery order. Opposing counsel has consented to my request for an additional ten days, which would extend the deadline from June 19, 2013 to July 1, 2013. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 6/18/2013) (ft)
June 19, 2013 Filing 155 AFFIDAVIT., REPLY MEMORANDUM OF LAW. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
June 17, 2013 Filing 154 DECLARATION of Rachel Seligman Weiss in Opposition re: 153 Memorandum of Law in Opposition. Document filed by The City Of New York. (Attachments: # 1 Exhibit A)(Seligman, Rachel)
June 17, 2013 Filing 153 MEMORANDUM OF LAW in Opposition re: 152 Order to Show Cause,,. Document filed by The City Of New York. (Seligman, Rachel)
June 10, 2013 Minute Entry for proceedings held before Judge Robert W. Sweet: Pretrial Conference held on 6/10/2013. (cd)
June 10, 2013 Opinion or Order Filing 152 ORDER TO SHOW CAUSE filed by Adrian Schoolcraft. Defendants shall show cause as to why an order should not be issued staying all further proceedings, on 6/19/2013 (no time indicated) by the City of New York and the New York City Police Department against plaintiff in the City of New York's administrative proceedings before the New York City Police Department's Department of Trials pending a final judgment in this action, and as further set forth in this document. (Signed by Judge Robert W. Sweet on 6/10/2013) (cd) Modified on 6/12/2013 (cd).
June 6, 2013 Opinion or Order Filing 151 ORDER re 135 Motion to Quash. IT IS HEREBY ORDERED: 1. Plaintiff shall in writing to City Defendants indicate that he has no evidence regarding Frank Polanco; Plaintiff shall in, writing indicate that he has no evidence regarding Adhyl Polanco, beyond what which was presented at trial in the Floyd v. City of New York, 08 CV 1034 (SAS) trial that began on March 18, 2013; 3. Plaintiff shall review his October 11, 2012 deposition transcript. Where plaintiff responded to questions by stating that he could not answer without listening to his recordings, or referred to recordings but did not provide a specific recording or date, plaintiff shall identify to which recording(s) he was referring and/or which recording(s) were responsive to the question asked by no later than June 19, 2013. (Signed by Judge Robert W. Sweet on 6/6/2013) (cd)
June 5, 2013 Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 6/5/2013 re Motion to Compel. (cd)
April 10, 2013 Memorandum to Docket Clerk. Oral Argument Held on Motion to compel, quash and protective order on 4/10/2013. (djc)
April 10, 2013 Filing 150 NOTICE OF APPEARANCE by John David Lenoir on behalf of Adrian Schoolcraft (Lenoir, John)
April 8, 2013 Filing 149 JOINT REPLY MEMORANDUM OF LAW in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown. Reply MOL for letter-motion to limit contact with the media. Document filed by Lillian Aldana-Bernier, Isak Isakov, Jamaica Hospital Medical Center. (Radomisli, Gregory)
April 5, 2013 Filing 148 MEMORANDUM OF LAW in Opposition re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Letter, # 2 Exhibit Letter)(Smith, Nathaniel)
April 4, 2013 Filing 147 DECLARATION of Suzanna Publicker in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by The City Of New York. (Publicker, Suzanna)
April 4, 2013 Filing 146 REPLY MEMORANDUM OF LAW in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown. and City Defendants' Motion to Compel Discovery. Document filed by The City Of New York. (Publicker, Suzanna)
April 2, 2013 Opinion or Order Filing 145 ORDER: The letter of defendants Jamaica Hospital Medical Center, Lillian Aldana-Bernier, M.D., and Isak Isakov, M.D., dated March 28, 2013, will be treated as a motion and heard at noon on Wednesday, April 10, 2013, in courtroom 18C. Any opposition papers are due on April 5, 2013, and any reply papers are due on April 9, 2013. ( Responses due by 4/5/2013, Replies due by 4/9/2013. Motion Hearing set for 4/10/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/1/2013) (cd)
March 28, 2013 Filing 144 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Email)(Smith, Nathaniel)
March 27, 2013 Filing 143 MEMORANDUM OF LAW in Opposition re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit News Article, # 2 Exhibit News Article)(Smith, Nathaniel)
March 27, 2013 Filing 142 DECLARATION of Adrian Schoolcraft in Opposition re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 21, 2013 Filing 141 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3/20/2013 re: I am writing to the Court to request that the two motions in this action to compel discovery and to quash a subpoena, which are returnable on April 3, 2013 and April 10, 2013, be consolidated with an April 10, 2013 return date and with opposition papers due March 27,2013 and any reply due April 4, 2013. ENDORSEMENT: So Ordered. (Responses due by 3/27/2013. Replies due by 4/4/2013.) (Signed by Judge Robert W. Sweet on 3/21/2013) (cd)
March 20, 2013 Filing 140 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually).(Publicker, Suzanna)
March 18, 2013 Opinion or Order Filing 139 ORDER: Non Party Queens District Attorney's motion to quash will be heard at noon on Wednesday, April 10, 2013, in courtroom 18C. All papers shall be served in accordance with Local Rule 6.1. Set Deadlines/Hearing as to 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown. ( Motion Hearing set for 4/10/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/15/2013) (cd)
March 15, 2013 Filing 138 ENDORSED LETTER addressed to Judge Robert W. Sweet from Nathaniel B. Smith dated 3/14/2013 re: Request that the motion (see Dkt. #133) be placed on the Court's calendar for 4/3/2013 and that plaintiff be permitted to file a response by 3/27/2013. ENDORSEMENT: So Ordered. ( Response due by 3/27/2013) (Signed by Judge Robert W. Sweet on 3/15/2013) (cd)
March 14, 2013 Filing 137 DECLARATION of Suzanna Publicker in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by The City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Publicker, Suzanna)
March 14, 2013 Filing 136 MEMORANDUM OF LAW in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by The City Of New York. (Publicker, Suzanna)
March 14, 2013 Filing 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown. Document filed by The City Of New York.(Publicker, Suzanna)
March 13, 2013 Filing 134 Letter addressed to Judge Robert W. Sweet from Suzanna Publicker dated 3/1/2013 re: City defendants request that the Court order plaintiff to provide the documents and information listed above by a date certain. Document filed by The City Of New York et al. Treat as motion returnable 3/20.(cd)
March 8, 2013 Opinion or Order Filing 133 ORDER: The City's letter dated March 1, 2013, will be treated as a motion and heard at noon on Wednesday, April 3, 2013, in courtroom 18C. All papers to be served in accordance with Local Rule 6.1. (Signed by Judge Robert W. Sweet on 3/8/2013) (ft)
March 1, 2013 Filing 132 AFFIDAVIT OF SERVICE. Sondra Wilson(Shield No. 5172, in her Official Capacity) served on 2/27/2013, answer due 3/20/2013. Service was accepted by Eileen Flaherty NYPD. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 1, 2013 Filing 131 AFFIDAVIT OF SERVICE. William Gough(Tax Id. 919124, in his Official Capacity) served on 2/27/2013, answer due 3/20/2013. Service was accepted by Krista Ashbery NYPD. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 1, 2013 Filing 130 AFFIDAVIT OF SERVICE. Robert W. O'Hare(Tax Id. 916960, Individually) served on 2/27/2013, answer due 3/20/2013. Service was accepted by Krista Ashbery NYPD. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 1, 2013 Filing 129 AFFIDAVIT OF SERVICE. Thomas Hanley(Tax Id. 879761, in his Official Capacity) served on 2/27/2013, answer due 3/20/2013. Service was accepted by Krista Ashbery NYPD. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
March 1, 2013 Filing 128 AFFIDAVIT OF SERVICE. Timothy Trainer(Tax Id. 899922, Individually) served on 2/27/2013, answer due 3/20/2013. Service was accepted by Krista Ashbery NYPD. Document filed by Adrian Schoolcraft. (Smith, Nathaniel)
February 28, 2013 Filing 127 NOTICE OF APPEARANCE by Nathaniel B. Smith on behalf of Adrian Schoolcraft (Smith, Nathaniel)
February 28, 2013 Filing 126 NOTICE OF APPEARANCE by Peter Joseph Gleason on behalf of Adrian Schoolcraft (Gleason, Peter)
February 28, 2013 Filing 125 NOTICE OF APPEARANCE by Peter Joseph Gleason on behalf of Adrian Schoolcraft (Gleason, Peter)
January 30, 2013 Minute Entry for proceedings held before Judge Robert W. Sweet: Pretrial Conference held on 1/30/2013. Parties are to submit a new schedule to the Court. (mro)
January 29, 2013 Filing 124 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Richard Wall.(Publicker, Suzanna)
January 10, 2013 Filing 123 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity).(Kretz, Walter)
December 28, 2012 Filing 122 ENDORSED LETTER addressed to Judge Robert W. Sweet from Suzanna Publicker dated 12/21/12 re: Counsel requests that Your Honor sua sponte grant defendant Wall an enlargement of time until 1/30/13 to answer or otherwise respond to the second amended complaint. ENDORSEMENT: So ordered. Richard Wall answer due 1/30/2013. (Signed by Judge Robert W. Sweet on 12/26/2012) (mro)
December 14, 2012 Filing 121 NOTICE OF APPEARANCE by Richard A. Gilbert on behalf of Adrian Schoolcraft (Gilbert, Richard)
December 3, 2012 Filing 120 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually).(Publicker, Suzanna)
November 16, 2012 Filing 119 ENDORSED LETTER addressed to Judge Robert W. Sweet from Jon L. Norinsberg dated 11/15/2012 re: We respectfully request that the Court issue an Order authorizing us to send plaintiff Adrian Schoolcraft all of his files or. ENDORSEMENT: Counsel is relieved and may provide plaintiff with all records other than those designated "Attorneys Eyes Only" from which will be retained pending further proceedings. (Signed by Judge Robert W. Sweet on 11/15/2012) (cd)
November 7, 2012 Filing 118 ENDORSED LETTER addressed to Judge Robert W. Sweet from Suzanna Publicker dated 10/23/2012 re: Based on the foregoing, this office requests to be relieved as counsel for defendant Mauriello. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 10/23/2012) (rdz)
October 25, 2012 Filing 117 ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr dated 10/15/2012 re: respectfuuly requesting that plaintiff be directed to appear for a deposition session of no greater than seven hours. ENDORSEMENT: Treat as motion returnable. The deposition will be held. Counsel will meet and confer on a date and time. So Ordered. (Signed by Judge Robert W. Sweet on 10/24/2012) (lb)
October 25, 2012 Filing 116 ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr. dated 10/15/2012 re: I write to the Court to respectfully request that plaintiff be directed to appear for a deposition session of no greater than seven hours, during which I will have an opportunity to examine him on behalf of defendant Steven Mauriello. ENDORSEMENT: Treat as motion returnable 10/24.The deposition will be held. Counsel will meet and confer on a date and time.(Signed by Judge Robert W. Sweet on 10/24/2012) (djc)
October 22, 2012 Opinion or Order Filing 115 ORDER: Plaintiff's letter dated October 18, 2012, will be treated as a motion and heard at noon on Wednesday, October 31, 2012, in courtroom 18C. Any opposition should be filed by October 26, 2012, and any reply should be filed by October 29, 2012., ( Oral Argument set for 10/31/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.), ( Responses due by 10/26/2012, Replies due by 10/29/2012.) (Signed by Judge Robert W. Sweet on 10/22/2012) (lmb)
October 22, 2012 Filing 114 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Lillian Aldana-Bernier.(Brady, Bruce)
October 22, 2012 Filing 113 ENDORSED LETTER addressed to Judge Robert W. Sweet from Suzanna Publicker dated 10/19/2012 re: This office respectfully requests that Your Honor sua sponte grant defendant Hanlon an enlargement of time until December 3, 2012, to answer or otherwise respond to the Second Amended Complaint. ENDORSEMENT: So ordered., Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department) answer due 12/3/2012; Elise Hanlon(individually) answer due 12/3/2012. (Signed by Judge Robert W. Sweet on 10/19/2012) (lmb)
October 19, 2012 Filing 112 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Isak Isakov.(Lee, Brian)
October 18, 2012 Opinion or Order Filing 111 ORDER: that, Defendant Mauriello's letter dated October 15, 2012, will be treated a motion to compel and heard at noon on Wednesday, October 24, 2012, in courtroom 18C. Any responses should be filed by October 21, 2012. (Set Deadlines/Hearing as to ( Responses due by 10/21/2012, Motion Hearing set for 10/24/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.), ( Responses due by 10/21/2012) (Signed by Judge Robert W. Sweet on 10/17/2012) (pl)
October 18, 2012 Filing 110 AMENDED ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), The City Of New York. (Publicker, Suzanna)
October 17, 2012 Filing 109 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually).(Publicker, Suzanna)
October 17, 2012 Filing 108 SUMMONS RETURNED EXECUTED. Elise Hanlon(individually) served on 10/11/2012, answer due 11/1/2012. Service was accepted by William Wallace, Legal Clerk and Co-Worker. Document filed by Adrian Schoolcraft. (Norinsberg, Jon)
October 15, 2012 Filing 107 AFFIDAVIT OF SERVICE of Answer to Second Amended Complaint served on ALL on 10/15/12. Service was made by Mail. Document filed by Jamaica Hospital Medical Center. (Radomisli, Gregory)
October 15, 2012 Filing 106 ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Jamaica Hospital Medical Center.(Radomisli, Gregory)
October 5, 2012 Opinion or Order Filing 105 STIPULATION AND PROTECTIVE ORDER AS TO DOCUMENTS PRODUCED BY CITY DEFENDANTS: regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Robert W. Sweet on 10/04/2012) (ama)
October 4, 2012 Opinion or Order Filing 104 STIPULATION AND PROTECTIVE ORDER FOR ATTORNEYS EYES ONLY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert W. Sweet on 10/3/2012) (jfe)
October 1, 2012 Filing 103 SECOND AMENDED COMPLAINT amending 21 Amended Complaint against Lillian Aldana-Bernier, Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Isak Isakov, Jamaica Hospital Medical Center, Jamaica Hospital Medical Center Employee's "John Doe" # 1-50, Jamaica Hospital Medical Center Employee's "John Doe" #1-50, Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), John Doe # 1-50(Individually), John Doe # 1-50(in their Official Capacities (the name John Doe being fictitious, as the true names are presently unknown) (collectively referred to as "NYPD defendants")), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, William Gough, William Gough, Thomas Hanley, Thomas Hanley, Timothy Trainer, Timothy Trainer, Sondra Wilson, Sondra Wilson, Robert W. O'Hare, Robert W. O'Hare, Richard Wall, Elise Hanlon, Elise Hanlon with JURY DEMAND.Document filed by Adrian Schoolcraft. Related document: 21 Amended Complaint, filed by Adrian Schoolcraft.(lmb) Modified on 10/3/2012 (lmb). (lmb).
October 1, 2012 SUMMONS ISSUED as to Lillian Aldana-Bernier, Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Isak Isakov, Jamaica Hospital Medical Center, Jamaica Hospital Medical Center Employee's "John Doe" # 1-50, Jamaica Hospital Medical Center Employee's "John Doe" #1-50, Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), John Doe # 1-50(Individually), John Doe # 1-50(in their Official Capacities (the name John Doe being fictitious, as the true names are presently unknown) (collectively referred to as "NYPD defendants")), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117, Individually), Steven Mauriello(Tax Id. 895117 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (lmb) Modified on 10/3/2012 (lmb). Modified on 10/3/2012 (lmb).
September 21, 2012 Opinion or Order Filing 102 ORDER: ( Motions due by 1/30/2013., Fact Discovery due by 1/12/2013., Final Pretrial Conference set for 1/30/2013 at 04:30 PM before Judge Robert W. Sweet., Proposed Pretrial Order due by 1/30/2013.) (Signed by Judge Robert W. Sweet on 9/18/2012) (lmb)
September 21, 2012 Filing 101 ENDORSED LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 9/18/2012 re: I write now to respectfully request that Your Honor grant plaintiff leave to amend the complaint to add an additional defendant Lieutenant Elise Hanlon based on the discovery that has been, produced thus far. This request is made with the consent of all medical defendants and the City defendants take no position at all regarding this request. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/18/2012) (lmb)
September 18, 2012 Opinion or Order Filing 100 ENDORSED LETTER addressed to Judge Robert W. Sweet from Jon L. Norinsberg dated 9/11/2012 re: plaintiff respectfully requests that the Court extend the the current discovery deadline for 120 days, from September 12, 2012 to January 12, 2013. ENDORSEMENT: SO ORDERED., ( Discovery due by 1/12/2013.) (Signed by Judge Robert W. Sweet on 9/14/2012) (ama)
September 10, 2012 Opinion or Order Filing 99 OPINION: #102325 For the reasons set forth above, Plaintiff's motionto amend is granted with respect to the First Amendment priorrestraint claim and denied with respect to the First Amended retaliation claim. It Is SO ORDERED. (Signed by Judge Robert W. Sweet on 9/07/2012) (ama) Modified on 9/11/2012 (jab).
August 17, 2012 Filing 98 Letter addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 8/1/2012 re: Counsel respectfully request that Your Honor grant plaintiff leave to amend the complaint to add a First Amendment claim under 42 U.S.C. § 1983 relating to the prior restraint imposed on plaintiffs speech following plaintiffs suspension on October 31, 2009 and the actions taken against plaintiff in retaliation for plaintiff's speech in refusing to comply with the illegal and unconstitutional orders of this supervisors. (jfe)
August 15, 2012 Filing 97 Letter addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 8/1/2012 re: Counsel for plaintiff writes to requests that Your Honor grant plaintiff leave to amend the complaint to add a First Amendment Claim under 42 U.S.C. section 1983. Document filed by Adrian Schoolcraft.(pl)
August 7, 2012 Opinion or Order Filing 96 ORDER: The Plaintiff's letter dated August 1 will be treated as a motion to amend and heard on submission, without oral argument, on August 22, 2012. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 8/2/2012) (lmb)
July 20, 2012 Opinion or Order Filing 95 OPINION: #102095 For the reasons set forth above, Plaintiff's motion to reconsider the June 14 Opinion is denied. (Signed by Judge Robert W. Sweet on 7/18/2012) (lmb) Modified on 7/25/2012 (jab).
July 13, 2012 Filing 94 Letter addressed to Judge Robert W. Sweet from Suzanna Publicker dated 3/26/12 re: Counsel for the City defendants writes in opposition to The New York Times' letter dated 3/21/12. Counsel requests that Your Honor deny their application. (mro)
July 13, 2012 Filing 93 Letter (Treated as a Motion returnable 4-4) addressed to Judge Robert W. Sweet from David E. McCraw dated 3/21/12 re: Counsel writes on behalf of the New York Times Company to request that the Court permit The Times to intervene in the above-referenced action for the limited purpose of seeking a modification of the parties Stipulated Protective order and modify the Protective Order to require a showing of "good cause" for sealing and remove the confidentiality designations from already-produced discovery materials, except to the extent the materials disclose personal medical information or identify crime victims or confidential witnesses and thereby satisfy the "good cause" standard. (mro)
July 12, 2012 Filing 92 Letter addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 6/20/12 re: Counsel for the plaintiff requests that the Court reconsider the portion of its ruling on the First Amendment Claim relating to the prior restraint imposed on plaintiff's speech following plaintiff's suspension on 10/31/99. Document filed by Adrian Schoolcraft. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 91 Letter addressed to Judge Robert W. Sweet from Gerald M. Cohen dated 5/24/12 re: Counsel for the plaintiff encloses news articles cited in plaintiff's opposition to councilman Vallone's motion to quash the subpoena plaintiff served on him. Document filed by Adrian Schoolcraft. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 90 Letter addressed to Judge Robert W. Sweet from Jon L. Norinsberg dated 5/17/12 re: Counsel for the plaintiff requests that the Court deny defendants' motion to quash. Document filed by Adrian Schoolcraft. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 89 Letter (Treated as a Motion returnable 5/23) addressed to Judge Robert W. Sweet from Suzanna Publicker dated 5/11/12 re: Counsel writes on behalf of non-party councilman Peter Vallone, Jr. to request that the Court quash the subpoena served upon him by plaintiff seeking among other things (1) records of complaints regarding the alleged downgrading of crime reports, and (2) documents reflecting the alleged failure of the NYPD to report crime reports. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 88 Letter addressed to Judge Robert W. Sweet from William S. J. Fraenkel dated 5/11/12 re: Counsel for the City defendants requests that plaintiff's motion to amend the complaint be denied. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 87 Letter addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 5/10/12 re: Counsel for the plaintiff writes to bring to the Court's attention recent supplemental authority relevant to plaintiff's motion to amend the complaint. Document filed by Adrian Schoolcraft. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 86 Letter addressed to Judge Robert W. Sweet from William S. J. Fraenkel dated 5/8/12 re: Counsel for the City defendants requests that plaintiff's motion to amend the complaint be denied. ***Accepted as a docket and file by Chambers. (mro) (mro).
July 12, 2012 Filing 85 Letter (Treated as a Motion returnable 5-8) addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 4/25/12 re: Counsel for the plaintiff requests that Your Honor issue and Order permitting plaintiff to amend the complaint. Document filed by Adrian Schoolcraft. ***Accepted as a docket and file by Chambers. (mro) Modified on 7/13/2012 (mro). (mro).
June 26, 2012 Opinion or Order Filing 84 ORDER: The Plaintiff's letter dated June 20 will be treated as a motion to reconsider and heard on submission on July 11, 2012. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Signed by Judge Robert W. Sweet on 6/22/2012) (ft)
June 14, 2012 Opinion or Order Filing 83 OPINION: #101947 For the reasons set forth above, Plaintiff's motion to amend his complaint is granted in part and denied in part, and non-party Councilman Vallone's motion to quash is denied. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 6/13/2012) (ama) Modified on 6/20/2012 (jab).
May 24, 2012 Filing 82 NOTICE OF APPEARANCE by Walter Aoysius Kretz, Jr on behalf of Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually) (Kretz, Walter)
May 23, 2012 Minute Entry for proceedings held before Judge Robert W. Sweet: Motion Hearing held on 5/23/2012 re: Motion to Quash. (ft)
May 15, 2012 Opinion or Order Filing 81 ORDER. The Defendants' letter dated May 11 will be treated as a motion and heard at noon on Wednesday, May 23, 2012 in Courtroom 18C. It is so ordered. (Signed by Judge Robert W. Sweet on 5/14/2012) (rjm)
May 15, 2012 Set/Reset Hearings: Oral Argument set for 5/23/2012 at 12:00 PM in Courtroom 18C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (rjm)
May 14, 2012 Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 14, 2012 Filing 79 TRANSCRIPT of Proceedings re: CONFERNCE held on 4/4/2012 before Judge Robert W. Sweet. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. 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 6/7/2012. Redacted Transcript Deadline set for 6/18/2012. Release of Transcript Restriction set for 8/16/2012.(McGuirk, Kelly)
May 9, 2012 Minute Entry: Motion hearing held on Motion to amend. (djc)
May 8, 2012 Filing 78 NOTICE OF APPEARANCE by William Solomon Jacob Fraenkel on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York (Fraenkel, William)
April 27, 2012 Opinion or Order Filing 77 ORDER: The Plaintiff's letter dated April 25 will be treated as a motion and heard at noon on Wednesday, May 9, 2012 in courtroom 18C., ( Oral Argument set for 5/9/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/26/2012) (lmb)
April 4, 2012 Minute Entry for proceedings held before Judge Robert W. Sweet: Motion Hearing on motion to intervene heard based on New York Times Company's letter dated March 21, 2012 held on 4/4/2012. (Landers, Rigoberto)
March 28, 2012 Minute Entry Motion hearing on motion for discovery held. (Landers, Rigoberto)
March 26, 2012 Opinion or Order Filing 76 ORDER. The New York Times Company's letter dated March 21, 2012 will be treated as a motion and heard at noon on Wednesday, April 4, 2012 in courtroom 18C. It is so ordered. (Oral Argument set for 4/4/2012 at 12:00 PM in Courtroom 18C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/26/2012) (rjm)
March 14, 2012 Opinion or Order Filing 75 ORDER: The Defendant's letter dated March 12 will be treated as a motion and heard at noon on Wednesday, March 28, 2012 in courtroom 18C. ( Motion Hearing set for 3/28/2012 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/14/2012) (mro)
March 12, 2012 Opinion or Order Filing 74 STIPULATION AND PROTECTIVE ORDER AS TO DOCUMENTS PRODUCED BY CITY DEFENDANTS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert W. Sweet, on 3/12/2012) (jfe) Modified on 3/15/2012 (jfe).
March 7, 2012 Filing 73 NOTICE OF APPEARANCE by Suzanna Hallie Publicker on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York (Publicker, Suzanna)
February 9, 2012 Opinion or Order Filing 72 ORDER: All motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this Court. Expert Discovery due by 11/7/2012, Fact Discovery due by 9/12/2012, Joint Proposed Pretrial Order due by 12/5/2012, Final Pretrial Conference set for 12/5/2012 at 04:30 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 2/8/2012) (djc) Modified on 2/14/2012 (djc).
February 8, 2012 Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 2/8/2012. (js)
February 7, 2012 Filing 71 NOTICE OF APPEARANCE by Maxwell Douglas Leighton on behalf of Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York (Leighton, Maxwell)
December 7, 2011 Opinion or Order Filing 70 ORDER: Please be advised that the conference scheduled for 12/7/11 has been rescheduled to 2/8/12 at 4:30 p.m. in Courtroom 18C. Please notify opposing counsel of the change. ( Pretrial Conference set for 2/8/2012 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 12/7/2011) (lmb)
October 17, 2011 Opinion or Order Filing 69 PRETRIAL ORDER:Counsel are directed to appear in courtroom l8C on December 7, 2011 at 4: 30 pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. Prior to the appearance at the pretrial conference, all counsel appearing in the action shall have discussed any open issues. ( Pre-Trial Conference set for 12/7/2011 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/17/2011) (ama) Modified on 10/26/2011 (ama).
October 12, 2011 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 68 HAS BEEN REJECTED. Note to Attorney Brian E Lee : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. The attached Stipulation may be emailed to judgments@nysd.uscourts.gov. (db)
October 12, 2011 Filing 68 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Approve to "so order" stipulation and protective order. Document filed by Isak Isakov.(Lee, Brian) Modified on 10/13/2011 (db).
October 5, 2011 Filing 67 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Isak Isakov.(Lee, Brian)
September 20, 2011 Opinion or Order Filing 66 ORDER: Plaintiff's letter, dated September 13, 2011, will be treated as a motion to compel and will be heard at noon on Wednesday, September 28, 2011. It is so ordered. ( Motion Hearing set for 9/28/2011 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/16/2011) (ja)
August 15, 2011 Filing 65 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Isak Isakov.(Lee, Brian)
July 8, 2011 Opinion or Order Filing 64 PRETRIAL ORDER: Counsel are directed to appear in Courtroom 18C on 10/5/11 at 4:30 p.m. for a pretrial conference.( Pretrial Conference set for 10/5/2011 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/8/2011) (mro)
June 23, 2011 Filing 63 REQUEST for Production of Documents.Document filed by Isak Isakov.(Lee, Brian)
June 23, 2011 Filing 62 RESPONSE to Discovery Request from plaintiff.Document filed by Isak Isakov.(Lee, Brian)
June 23, 2011 Filing 61 ANSWER to Interrogatories.Document filed by Isak Isakov.(Lee, Brian)
May 6, 2011 Opinion or Order Filing 60 OPINION: #100312 For the following reasons, Defendant's motion to dismiss is granted in part and denied in part, and Defendant's motion to stay discovery is denied. For the foregoing reasons, plaintiff's § 1983 claims against JHMC are dismissed without prejudice, but the Court shall exercise supplemental jurisdiction to retain Plaintiff's state law claims against JHMC. JHMC's motion to stay discovery is denied. (Signed by Judge Robert W. Sweet on 5/5/2011) (jfe) Modified on 5/12/2011 (ajc).
February 14, 2011 Opinion or Order Filing 59 ORDER: Defendant Jamaica Hospital Medical Center's letter, dated February 10, 2011, will be treated as a motion to stay discovery and will be heard on submission, without oral argument, on Wednesday, March 2, 2011. (Signed by Judge Robert W. Sweet on 2/14/2011) (jar)
January 20, 2011 Filing 58 REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss.. Document filed by Jamaica Hospital Medical Center. (Radomisli, Gregory)
December 15, 2010 Filing 57 AFFIDAVIT OF SERVICE. Kurt Duncan(Shield No. 2483 in his official capacity) served on 12/10/2010, answer due 1/3/2011. Service was accepted by PO Lopez. Document filed by Adrian Schoolcraft. (Norinsberg, Jon)
December 15, 2010 Filing 56 AFFIDAVIT OF SERVICE. Joseph Goff(Tax Id. 894025 in his official capacity) served on 12/10/2010, answer due 1/3/2011. Service was accepted by Sgt. Pisani. Document filed by Adrian Schoolcraft. (Norinsberg, Jon)
December 7, 2010 Filing 55 MEMORANDUM OF LAW in Opposition re: 26 MOTION to Dismiss.. Document filed by Adrian Schoolcraft. (Fitch, Joshua)
December 2, 2010