Haughey v. County of Putnam
| William Haughey |
| County of Putnam, Town of Carmel, Robert Geoghegan, Daryl Johnson, Dough Casey, Justin Fischer, Michael Nagle, Robert Behan, John Dearman, Joseph Charbonneau, John Does 1-5 and Anthony Porto |
| 1:2018cv02861 |
| March 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B. Forrest |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
365
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdictio n for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules a nd Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. So Ordered. (Signed by Judge Kenneth M. Karas on 11/17/23) (yv)
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Filing
364
ORDER granting in part and denying in part 348 Letter Motion for Leave to File Document; granting in part and denying in part 260 Motion in Limine; granting in part and denying in part 265 Motion in Limine; granting in part and denying in p art 270 Motion in Limine; granting in part and denying in part 272 Motion in Limine; granting in part and denying in part 274 Motion in Limine; granting in part and denying in part 276 Motion in Limine; granting in part and denying in par t 278 Motion in Limine; granting in part and denying in part 280 Motion in Limine; granting in part and denying in part 286 Motion in Limine; granting in part and denying in part 288 Motion in Limine; granting in part and denying in part 290 Motion in Limine; granting in part and denying in part 292 Motion in Limine; granting in part and denying in part 296 Motion in Limine; granting in part and denying in part 298 Motion in Limine; granting in part and denying in part [3 00] Motion in Limine. For the reasons stated on the record during the Final Pretrial Conference on October 26, 2023, the Court grants in part and denies in part the Parties' motions in limine. The Clerk of Court is respectfully directed to terminate the following pending motions: Dkt. Nos. 260, 265, 270, 272, 274, 276, 278, 280, 286, 288, 290, 292, 296, 298, 300, and 348. SO ORDERED.. (Signed by Judge Kenneth M. Karas on 10/26/2023) (jca)
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Filing
352
ORDER granting 350 Letter Motion for Extension of Time to File. The Court will accept this filing. (Signed by Judge Kenneth M. Karas on 9/11/2023) (rro)
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Filing
307
ORDER granting 306 Letter Motion for Extension of Time to File. Granted. So Ordered.. (Signed by Judge Kenneth M. Karas on 5/15/2023) (ks)
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Filing
304
NOTICE OF TELECONFERENCE INFORMATION: For the week of May 15, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated tim e: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, couns el involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling t he above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. ( Telephone Conference set for 5/15/2023 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 5/12/2023) (vfr)
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Filing
258
CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Monday, May 15, 2023 at 2:30 p.m. The conference previously sched uled for May 10, 2023 has been taken off the calendar. NOTICE OF TELECONFERENCE INFORMATION: The Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Me eting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). So Ordered. ( Status Conference set for 5/15/2023 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/24/23) (yv)
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Filing
257
ORDER granting 256 Letter Motion to Adjourn Conference. Granted. The 5/3/23 conference is adjourned to 5/10/2023 at 02:00. So Ordered. ( Telephone Conference set for 5/10/2023 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/19/23) (yv)
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Filing
255
CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, May 3, 2023 at 3:30 p.m. NOTICE OF TELECONFERENCE INFO RMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749, Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. ( Telephone Conference set for 5/3/2023 at 03:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/17/23) (yv)
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Filing
254
NOTICE OF TELECONFERENCE INFORMATION. For the week of April 10, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/7/23) (yv)
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Filing
253
ORDER granting 252 Letter Motion for Extension of Time to File. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/27/2023) (tg)
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Filing
250
ORDER granting 249 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/24/2023) (jca)
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Filing
236
ORDER granting 232 Letter Motion for Extension of Time to File. Granted, but there will be no further extensions. (Signed by Judge Kenneth M. Karas on 1/10/2023) (rro)
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Filing
215
ORDER denying 188 Motion for Reargument re: 188 FIRST MOTION for Reargument re: 186 Memorandum & Opinion, Set Hearings,,,,,, ., 192 MOTION for Reconsideration . ; denying 192 Motion for Reconsideration re 188 FIRST MOTION for Reargument re: 186 Memorandum & Opinion, Set Hearings, . filed by Michael Nagle, Town of Carmel, 192 MOTION for Reconsideration . filed by Daryl Johnson. For the reasons to be stated on t he record at the hearing held in this case on December 2, 2022, the Motions for Reconsideration filed by Defendants Michael Nagle, Town of Carmel, and Daryl Johnson are DENIED. (See Dkt. Nos. 188, 192.) The Clerk of the Court is respectfully directed to terminate the pending motions. (See Dkt. Nos. 188, 192.) SO ORDERED.. (Signed by Judge Kenneth M. Karas on 12/14/2022) (jca)
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Filing
212
NOTICE OF TELECONFERENCE INFORMATION. For the week of November 28, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/23/22) (yv)
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Filing
209
ORDER: granting 205 Letter Motion to Adjourn Conference. The conference is adjourned to 12/02/2022, at 2:00 p.m.. The reply dates will not be moved. SO ORDERED. Telephone Conference set for 12/2/2022 at 02:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 11/07/2022) (ama)
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Filing
201
NOTICE OF TELECONFERENCE INFORMATION. For the week of November 7, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749, Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/4/22) (yv)
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Filing
190
ORDER granting 187 Letter Motion to Adjourn Conference. Granted. The Court will hold a teleconference on November 9, 2022 at 10:00 AM. SO ORDERED. ( Telephone Conference set for 11/9/2022 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/10/22) (yv)
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Filing
186
OPINION & ORDER re: 153 MOTION for Summary Judgment . filed by Dough Casey, County of Putnam, Robert Efferen, Robert Geoghegan, 156 MOTION for Summary Judgment . filed by Daryl Johnson, 159 MOTION for Summary J udgment . filed by Michael Nagle, Justin Fischer, John Dearman, Town of Carmel. Defendants' Motions for Summary Judgment are denied in large part, except that Plaintiff's false arrest claim is dismissed as untimely and abandon ed, Plaintiff's Brady claim is dismissed as duplicative, and all claims against Defendant Casey are dismissed. The Clerk of the Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 153, 156, 159). The Court will hold a status conference on October 27, 2022, at 12:00 p.m. SO ORDERED., ( Status Conference set for 10/27/2022 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/26/22) (yv)
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Filing
166
MEMO ENDORSED ORDER granting 152 Motion to Substitute Party. ENDORSEMENT: Granted. So Ordered. (Richard J. Haughey added. William Haughey terminated.) (Signed by Judge Kenneth M. Karas on 2/9/22) (yv)
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Filing
148
NOTICE OF TELECONFERENCE INFORMATION: For the week of November 29, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). (Signed by Judge Kenneth M. Karas on 11/24/2021) (ate)
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Filing
134
NOTICE OF TELECONFERENCE INFORMATION. For the week of October 4, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/1/21) (yv)
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Filing
121
NOTICE OF TELECONFERENCE INFORMATION. For the week of June 1, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA t oll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/28/21) (yv)
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Filing
97
OPINION AND ORDER re: 88 MOTION to Dismiss . filed by Anthony M Porto Jr., 74 MOTION to Dismiss . filed by Daryl Johnson, 78 FIRST MOTION to Dismiss claims against Town Defendants. filed by Michael Nagle, Jus tin Fischer, John Dearman, Town of Carmel, Joseph Charbonneau, Robert Behan. For the foregoing reasons, Porto's and Johnsons Motions are denied in full, and the Carmel Defendants' Motion is denied in part, and granted only with resp ect to Charbonneau, Behan, Dearman and Fischer. The denials are without prejudice to Defendants raising arguments related to those discussed here in subsequent stages of the proceedings. Because this is the first adjudication of Plaintiffs claims, the dismissals are without prejudice. Plaintiff may file a third amended complaint within 30 days of the date of this Opinion. The third amended complaint should contain appropriate changes to remedy the deficiencies in this Opinion. Plaintiff is advised that the third amended complaint will replace, not supplement, the SAC, and therefore must contain all of the claims, factual allegations, and exhibits that Plaintiff wishes the Court to consider. If Plaintiff fails to abide by the 30-day d eadline, the dismissals without prejudice may be converted to dismissals with prejudice, and Plaintiff's case will proceed with only the surviving claims. The Clerk of the Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 74, 78, 88). SO ORDERED. John Dearman, Justin Fischer, Robert Behan and Joseph Charbonneau terminated. (Signed by Judge Kenneth M. Karas on 3/30/2020) (jca)
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