Pettiford v. The City of Yonkers et al
| Brian D. Pettiford |
| The City of Yonkers, Vinnie Devito, Alex Delladonna, Peter Schwartz, Dennis Molina and Christian Koch |
| 1:2014cv06271 |
| August 1, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| St.Lawrence |
| Nelson Stephen Roman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
242
JUDGMENT PURSUANTTO RULE 68: NOW, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT the Court enters judgment against Defendant City of Yonkers, and in favor of Plaintiff as set out below: 1. That pursuant to Rule 68 of the Federal Rules of Ci vil Procedure, Plaintiff Brian D. Pettiford ("Plaintiff") takes judgment against the City of Yonkers in the amount of Five Hundred and Seventy Five Thousand Dollars ($575,000.00) in full satisfaction of all federal and state law claims against all of the Defendants herein, inclusive of all claims asserted by Plaintiff and all amounts sought to be recovered by Plaintiff, including, but not limited to, compensatory damages, punitive damages and all costs, disbursements a nd attorney's fees incurred by or on behalf of the Plaintiff Brian D. Pettiford, and of any claim that Brian D. Pettiford has now, or might in the future assert, for costs, disbursements and attorney's fees arising from the above-captione d action. 2. That this judgment is made for the purpose of FRCP Rule 68 only, and it is not to be construed as an admission of liability on the part of the City of Yonkers, or any agency thereof, or individually-named Defendants Yonkers Police Offi cer Vinnie Devito, Yonkers Police Officer Dennis Molina #646, Yonkers Police Officer Christian Koch #699, or any other Defendants herein; nor is it an admission that Plaintiff has suffered any damages. 3. That acceptance of this Rule 68 Offer of Judgment acts to release and discharge Defendants the City of Yonkers, Yonkers Police Officer Vinnie Devito, Yonkers Police Officer Dennis Molina #646, and Yonkers Police Officer Christian Koch #699; their successors or assigns; and all past and pr esent officials, employees, representatives and agents of the City of Yonkers, or any agency thereof, from any and all claims that were or could have been alleged by Plaintiff Brian D. Pettiford in the above-referenced action. 4. That by accep tance of this Rule 68 Offer of Judgment, plaintiff Brian D. Pettiford agrees to resolve any claim that Medicare may have for reimbursement of conditional payments it has made as secondary payer, and a Medicare Set-Aside Trust shall be created, if required by 42 U.S.C. § 1395y(b) and 42 C.F.R. §§ 411.22 through 411.26. Plaintiff Brian D. Pettiford further agrees to hold harmless defendants and all past and present officials, employees, representatives and agents of the City of Yonkers, or any agency thereof, regarding any past and/or future Medicare payments, presently known or unknown, made in connection with this matter. The judgment shall contain and recite the terms and conditions set forth herein. (Signed by Magistrate Judge Judith C. McCarthy on 11/23/2022) (vfr)
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Filing
239
ORDER: Therefore, it is hereby ORDERED, that this action be and hereby is discontinued with prejudice but without costs to any party, provided however, that if settlement is not consummated within thirty (30) days of the date of this order, plaintif f may apply by letter within the thirty-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. To be clear, any application to reopen must be filed within thirty (30) days of this Orde r; any application to reopen filed thereafter may be denied solely on that basis. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within thirty (30) days with a request that the agreement be "So Ordered" by the Court. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 11/15/2022) (vfr)
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Filing
237
TRIAL ORDER: The following dates shall apply to the trial of this matter: 1. Jury Selection will be held on February 27, 2023 in Courtroom 421. Trial shall proceed immediately following the completion of jury selection. Unless otherwise specif ied by the Court, trial shall continue each day from 9:00 a.m. until 5:00 p.m. 2. Joint Pre-Trial Order, including complete exhibit and witness lists, must be filed by December 2, 2022. Please review the Court's Individual Rules of Practice for further instruction. Counsel shall pre-mark all exhibits. 3. Proposed voir dire must be filed by December 2, 2022. 4. Proposed jury instructions and a proposed verdict form must be filed by December 2, 2022. The part ies shall jointly provide a jury instruction for each claim or defense to be presented to the jury, and each proposed jury instruction shall indicate the authority for the requested instruction and, if a pattern instruction is used, whether the pro posed instruction has been adapted or modified. The parties' proposed jury instructions and proposed verdict form shall each consist of a single document, noting any areas of disagreement between the parties. 5. Pre-trial mem orandum regarding damages for each claim shall be filed by December 2, 2022. 6. Any motions in limine shall be filed by December 2, 2022. 7. Responses to motions in limine must be filed by December 14, 2022. 8. Final Pre-Trial Conference w ill be held on January 30, 2023 at 10:00 a.m. in Courtroom 421. The aforementioned papers shall be filed with the Clerk of the Court. Counsel shall simultaneously provide courtesy copies to Chambers. Counsel shall also provide the C ourt with courtesy copies of all pre-marked exhibits, as well as any deposition transcripts to be used at trial, at least five days prior to the Final Pre-Trial Conference. SO ORDERED. ( Motions due by 12/2/2022., Pretrial Order due by 12/2/2022. , Responses due by 12/14/2022, Final Pretrial Conference set for 1/30/2023 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy., Jury Selection set for 2/27/2023 at 09:00 AM in Cour troom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy., Jury Trial set for 2/27/2023 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 9/29/2022) (tg)
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Filing
236
OPINION AND ORDER re: 223 MOTION for Summary Judgment filed by The City of Yonkers, Vinnie Devito, Christian Koch, Dennis Molina. For the foregoing reasons, Defendants' motion for summary judgment is denied in its entirety. The Clerk is respectfully requested to terminate the pending Motion (Docket No. 223). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 9/27/2022) (vfr)
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Filing
196
ORDER re: 172 MOTION for Leave to File Second Amended Complaint filed by Brian D. Pettiford. For the foregoing reasons, Plaintiff's motion for leave to file his SAC is denied. The Clerk is respectfully requested to terminate the pending motion (Docket No. 172). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 6/21/2021) (vfr)
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Filing
187
ORDER with respect to 184 LETTER MOTION for Discovery to Order Document Production addressed to Magistrate Judge Judith C. McCarthy from Thomas O. O'Connor dated November 6, 2020. Document filed by Brian D. Pettiford. SO ORDERED: Defendants are directed to respond to this letter by close of business on November 20, 2020. (Signed by Magistrate Judge Judith C. McCarthy on 11/19/2020) (rjm)
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Filing
179
MEMO ENDORSEMENT on SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION. ENDORSEMENT: So ordered. Granting 177 LETTER MOTION for Discovery to So Order a Subpoena addressed to Magistrate Judge Judith C. McCarthy from Thomas O. O'Connor dated October 22, 2020. Document filed by Brian D. Pettiford. (Signed by Magistrate Judge Judith C. McCarthy on 10/23/2020) (rjm) Transmission to Finance Unit (Cashiers) for processing.
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Filing
169
MEMO ENDORSEMENT granting 168 Letter Motion for Discovery. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 8/11/2020) (rro)
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Filing
167
OPINION AND ORDER: re: 153 MOTION for Reconsideration re; 151 Order on Motion for Leave to File Document filed by Brian D. Pettiford. For the foregoing reasons, Plaintiff's motion for reconsideration is denied. Plaintiff'srequest f or leave for oral argument and permission to file affidavits in support of the requested relief is further denied. The Clerk is respectfully requested to terminate the pending motion (Docket No. 153). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 4/27/2020) (ama)
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Filing
164
JUDGMENT IN A CIVIL ACTION. It is: ORDERED that judgment is entered in favor of Petitioner, PAULA JOHNSON KELLY, ESQ. as against Plaintiff, BRIAN D. PETTIFORD, in the amount of (1) Seventeen Thousand Four Hundred Thirty-Three Dollars 75/100 Cents (&# 036;17,433.75) for attorney's fees and (2) Two Thousand Eighty-Three Dollars 64/100 Cents ($2,083.64) for costs; and (3) a charging lien pursuant to N.Y. Judiciary Law §475, on any monetary recoveries obtained by Plaintiff in the above -referenced proceeding, plus pre- & post-judgment interest at the rate of 9% per annum, pursuant to NY C.P.L.R. §5004. Paula Johnson Kelly, Esq. terminated. (Signed by Magistrate Judge Judith C. McCarthy on 3/30/2020) (Attachments: #(1) Appeal Package) (rjm)
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Filing
156
MEMO ENDORSEMENT on SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION terminating 155 Letter Motion for Discovery. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/3/2020) (jwh) Transmission to Finance Unit (Cashiers) for processing.
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Filing
67
MEMORANDUM AND ORDER re 62 LETTER: For the reasons set forth above, Plaintiff's motion is granted. The parties are directed to appear for a conference on August 2, 2018 at 10:00 A.M. before Magistrate Judge Judith C. McCarthy in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601. The Clerk of Court is respectfully requested to terminate the pending motion, (Docket No. 62), mail a copy of this Order to the pro se Plaintiff, and reopen this case. (Status Conference set for 8/2/2018 at 10:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy.) (Signed by Magistrate Judge Judith C. McCarthy on 7/10/2018) (Attachments: # 1 Attachment)(jwh)
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