Deskovic v. City of Peekskill et al

Deskovic v. City of Peekskill et al

Plaintiff:	Jeffrey Deskovic
Defendant:	Alan Tweed, Putnam County, Legal Aid Society of Westchester County and Westchester County
Petitioner:	M.D. Charles Catanese
3Rd Party Plaintiff:	City of Peekskill, Marcia G. Shein, Marcia G. Shein, P.C. and Walter Brovarski
Cross Defendant:	Daniel Stephens, John Doe, Eugene Tumolo, Millard Hyland, Thomas Mcintyre, David Levine, George Bolen and Jane Doe
Intervenor Plaintiff:	New York State Local Government Services Foundation, Inc.
3Rd Party Defendant:	Peter Insero, Marica G. Shein, P.C., United National Insurance Company, Travelers Indemnity Company, Steven Orlikoff, Westport Insurance Company, American Motorist Insurance Company, Harco National Insurance Company, Illinois Union Insurance Company, TIG Insurance Company, Illinois National Insurance Company, CX Reinsurance Company Limited, Under Writers at Lloyd's, London, North River Insurance Company, Markel American Insurance Company, Marica G. Shein, Sphere Drake Insurance PLC and American Zurich Insurance Company
Not Classified By Court:	Orange County District Attorney's Office and New York State Department of Health
Cross Claimant:	Walter Brovarsky and Louis Roh
Consolidated Plaintiff:	Linda McGarr
Intervenor:	NEW YORK MUNICIPAL INSURANCE RECIPROCAL
Case Number:	7:2007cv08150
Filed:	September 18, 2007
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Presiding Judge:	Kenneth M Karas
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on March 1, 2016. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 1, 2016	Filing 753 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 03/27/2012 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...(Staten, Mary)
March 1, 2016	Filing 752 TRANSCRIPT of Proceedings re: conference held on 3/27/2012 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. 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 3/25/2016. Redacted Transcript Deadline set for 4/4/2016. Release of Transcript Restriction set for 6/3/2016.(Staten, Mary)
April 30, 2015	Filing 751 MEMO ENDORSEMENT granting #750 LETTER MOTION for Extension of Time to Apply for Restoration addressed to Judge Kenneth M. Karas from John J. Walsh dated April 30, 2015. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 4/30/2015) (lnl)
April 30, 2015	Filing 750 LETTER MOTION for Extension of Time to Apply for Restoration addressed to Judge Kenneth M. Karas from John J. Walsh dated April 30, 2015. Document filed by Putnam County, Daniel Stephens.(Walsh, John)
April 1, 2015	Filing 749 MEMO ENDORSEMENT on #748 LETTER addressed to Judge Kenneth M. Karas from John J. Walsh dated March 19, 2015 re: Settlement. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/1/2015) (lnl)
March 19, 2015	Filing 748 LETTER addressed to Judge Kenneth M. Karas from John J. Walsh dated March 19, 2015 re: Settlement. Document filed by Putnam County, Daniel Stephens.(Walsh, John)
March 12, 2015	Filing 747 ORDER: It have been reported to this Court that the above entitled action has been settled, IT IS ORDERED that the action be, and the same hereby is, discontinued with prejudice but without costs; provided, however, that if settlement is not consummated within 30 days of the date of this Order, either Party may apply by letter for restoration of the action to the calendar of the undersigned. Any such application must be made before the 30 days have expired, or it will be denied. Any such application timely made will be granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/12/2015) (lnl)
March 12, 2015	Filing 746 MEMO ENDORSEMENT granting #745 LETTER addressed to Judge Kenneth M. Karas from Brian M. Sher dated March 11, 2015 re: Settlement of coverage action. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/10/2015) (lnl)
March 11, 2015	Filing 745 LETTER addressed to Judge Kenneth M. Karas from Brian M. Sher dated March 11, 2015 re: Settlement of coverage action. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL.(Sher, Brian)
February 19, 2015	Filing 744 MEMO ENDORSEMENT granting #743 LETTER MOTION for Extension of Time to file Motion for Summary Judgment addressed to Judge Kenneth M. Karas from John J. Walsh dated February 18, 2015. ENDORSEMENT: Granted. So Ordered. Motions due by 3/30/2015. (Signed by Judge Kenneth M. Karas on 2/18/2015) (lnl)
February 18, 2015	Filing 743 LETTER MOTION for Extension of Time to file Motion for Summary Judgment addressed to Judge Kenneth M. Karas from John J. Walsh dated February 18, 2015. Document filed by Putnam County, Daniel Stephens.(Walsh, John)
January 13, 2015	Filing 742 MEMO ENDORSED ORDER granting #741 Letter Motion for Extension of Time. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/13/2015) (rj)
January 12, 2015	Filing 741 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from John J. Walsh dated January 12, 2015. Document filed by Putnam County, Daniel Stephens.(Walsh, John)
January 7, 2015	Filing 740 STIPULATION OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, counsel of record for the respective parties, that Plaintiff hereby discontinues and dismisses with prejudice all claims against Defendants Putnam County and Daniel Stephens arising from the allegations related to the above captioned matter. Further, this dismissal with prejudice is without an award of costs, disbursements, or attorneys' fees to any party. This stipulation will not be binding unless full payment is made to Neufeld Scheck & Brustin LLP as set out in the separate signed settlement agreement between Plaintiff and Defendants. (Signed by Judge Kenneth M. Karas on 1/7/2015) (rj)
January 6, 2015	Filing 739 LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated January 6, 2015 re: Stipulation of Discontinuance with Prejudice. Document filed by Jeffrey Deskovic. (Attachments: #1 Stipulation of Discontinuance with Prejudice)(Brustin, Nick)
November 28, 2014	Filing 738 MOTION SCHEDULING ORDER: At the conference held before the Court on November 25, 2014, the Court adopted the following schedule: Defendants shall file their summary judgment motion by no later than January 23, 2015. Intervenor-Plaintiff shall file opposition papers by no later than February 27, 2015. Defendants shall file their reply in support of their motion by no later than March 20,2015. Sur-reply papers will not be accepted unless prior permission of the Court is given. Counsel are reminded that there is a strict page limit, which will be extended only in extreme circumstances. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable statute are hereby stayed until the date the motions are due. Courtesy copies are to be served upon counsel by the assigned date. One courtesy copy of all papers also shall be sent to the Court at the time they are served upon opposing counsel. Motions due by 1/23/2015. Responses due by 2/27/2015. Replies due by 3/20/2015. (Signed by Judge Kenneth M. Karas on 11/25/2014) (lnl)
November 28, 2014	Filing 737 ORDER denying #658 Motion for Judgment: For the reasons stated on the record at the conference held before the Court on November 25, 2014, Intervenor-Plaintiff New York Municipal Insurance Reciprocal's Motion for Summary Judgment is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion. (Dkt. No. 658). SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/25/2014) (lnl)
November 25, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held on 11/25/2014. Brian Sher appeared on behalf of Plaintiff-Intervenor New York Municipal Insurance Reciprocal; John Walsh appeared on behalf of Defendants. Angela O'Donnell served as court reporter. The Court held oral argument on Plaintiff-Intervenor's Motion for Summary Judgment. The Court denied Plaintiff-Intervenor's Motion. See Order. The Court also set a briefing schedule for remaining motions. See Scheduling Order. (Court Reporter Angela O'Donnell) (lnl)
October 30, 2014	Filing 735 ORDER RESCHEDULING ORAL ARGUMENT: Please take notice that the above captioned action has been scheduled for oral argument on all pending motions before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, November 25,2014 at 10:30 a.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least ten business days beforehand. So Ordered. Oral Argument set for 11/25/2014 at 10:30 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 10/30/2014) (lnl)
October 23, 2014	Filing 736 JURY VERDICT. Jury finds in favor of Plaintiff. (lnl)
October 23, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial completed on 10/23/2014. (Court Reporter Albi Gorn) (lnl)
October 22, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 10/22/2014. (Court Reporter Albi Gorn) (lnl)
October 22, 2014	Filing 734 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on all pending motions before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, January 27, 2015 at 2:30 p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least ten business days beforehand. So Ordered. Oral Argument set for 1/27/2015 at 02:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 10/22/2014) (lnl)
October 21, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 10/21/2014. (Court Reporter Albi Gorn) (lnl)
October 20, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 10/20/2014. (Court Reporter Albi Gorn) (lnl)
October 17, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 10/17/2014. (Court Reporter Albi Gorn) (lnl)
October 16, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 10/16/2014. (Court Reporter Sue Ghorayeb) (lnl)
October 15, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial begun on 10/15/2014. Nick Brustin, Farhang Heydari, and Emma Freudenberger appeared on behalf of Plaintiff. Stephen Wellinghorst, Michael Chipko, and James Randazzo appeared on behalf of Defendants Daniel Stephens and Putnam County. The Court gave initial instructions to the jury, and read certain stipulations. The Parties made opening statements. Emma Freudenberger and Stephen Wellinghorst examined Dr. Charles Honts. (lnl)
October 14, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Voir Dire held on 10/14/2014. Nick Brustin, Farhang Heydari, and Emma Freudenberger appeared on behalf of Plaintiff. Stephen Wellinghorst, Michael Chipko, and James Randazzo appeared on behalf of Defendants Daniel Stephens and Putnam County. The Court ruled on Plaintiffs additional proposed exhibits. A jury was selected (lnl)
October 10, 2014	Filing 733 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated October 10, 2014 re: Amended NYT Audio and Video. Document filed by Jeffrey Deskovic.(Heydari, Farhang)
October 10, 2014	Filing 732 ORDER: For the reasons discussed during the October 9, 2014 final pre-trial conference, Plaintiff's Motion in Limine G, requesting that the Court declare certain New York Times Clips admissible, (see Pl.'s Omnibus Mot. in Limine 21-22 (Dkt. No. 691)), is DENIED without prejudice, and Defendants' Motion in Limine IV, requesting that the Court bar Plaintiff from suggesting that Daniel Stephens lost or destroyed polygraph results, (see Mem. of Law in Supp. of Defs. Daniel Stephens' and Putnam County's Mot. in Limine 15-16 (Dkt. No. 693)), is DENIED. All other remaining Motions in Limine are moot. The Clerk of Court is respectfully directed to terminate the pending motions (Dkt. Nos. 686 and 691). SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/10/2014) (lnl)
October 10, 2014	Mailed a copy of #732 Order on Motion in Limine,,, to Barry C. Scheck Cochran, Neufeld & Scheck, LLP 99 Hudson Street New Y ork, NY 10013. (soh)
October 10, 2014	Transmission to Docket Assistant Clerk. Transmitted re: #732 Order, to the Docket Assistant Clerk for case processing. (lnl)
October 9, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Final Pretrial Conference held on 10/9/2014. Nick Brustin, Emma Freudenberger, and Farhang Heydari appeared on behalf of Plaintiff. James Randazzo and Michael Chipko appeared on behalf of Defendants Daniel Stephens and Putnam County. The Court ruled on motions in limine. See Order. The Court also overruled Plaintiff's objection to one of Defendants' exhibits, a letter from Plaintiff to Peter Insero. Plaintiff will submit updated headers for deposition designations and a letter addressing Plaintiffs desire to speak with the press during trial by tomorrow. (Court Reporter Christina Arends-Dieck) (lnl)
October 6, 2014	Filing 731 JOINT LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated October 6, 2014 re: Objections to Deposition Designations. Document filed by Jeffrey Deskovic, Putnam County, Daniel Stephens.(Heydari, Farhang)
October 1, 2014	Filing 730 ORDER: On June 20,2014, the Parties filed a proposed Amended Joint Pre-Trial Order ("Order"). The Order contained deposition designations, but it did not include the objections of either party to those designations. Both parties shall submit letters listing any objections to the deposition designations contained in the Order by Monday, October 6, 2014. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/1/2014) (lnl)
October 1, 2014	Filing 729 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari, dated 9/29/2014, re: Counsel writes: As part of Plaintiff's omnibus motion in limine, Plaintiff sought an order permitting use of a New York Times audio and video piece, featuring Plaintiff, titled "Free and Uneasy: The First Year Out," published on November 25,2007. (See Docket Entry 691 at 21-22). In advance of the October 9, 2014 pretrial conference, Plaintiff writes to inform the Court that Plaintiff no longer seeks to admit the full piece. Instead, Plaintiff seeks to use five excerpts, which are contained on the CD accompanying this letter. Defendants have been provided with these excerpts and continue to oppose Plaintiffs motion. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 10/1/2014) (lnl)
October 1, 2014	Transmission to Docket Assistant Clerk. Transmitted re: #730 Order, to the Docket Assistant Clerk for case processing. (lnl)
October 1, 2014	Filing 728 MEMO ENDORSEMENT on #726 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated September 29, 2014 re: Electronic Devices/Internet Access. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/2014) (lnl)
October 1, 2014	Filing 727 ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide parties in Deskovic v. Citv Peekskill, et al., with Internet connectivity for the duration of the proceedings, set to begin on Tuesday, October 14, 2014. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court. The approved attorneys and parties on the case are allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/1/2014) (lnl)
September 29, 2014	Filing 726 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated September 29, 2014 re: Electronic Devices/Internet Access. Document filed by Jeffrey Deskovic. (Attachments: #1 Proposed Order)(Heydari, Farhang)
September 26, 2014	Filing 725 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated September 26, 2014 re: Electronic Devices/Internet Access. Document filed by Daniel Stephens. (Attachments: #1 Exhibit, #2 Exhibit)(Wellinghorst, Stephen)
September 16, 2014	Filing 724 MEMO ENDORSEMENT on #723 LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 9-15-2014 re: Jury Questionnaire. ENDORSEMENT: The Court will conduct voir dire in Court, as it does in every case. A proposed list of questions will be sent to counsel in advance. So Ordered. (Signed by Judge Kenneth M. Karas on 9/16/2014) (lnl)
September 15, 2014	Filing 723 LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 9-15-2014 re: Jury Questionnaire. Document filed by Jeffrey Deskovic, Putnam County, Daniel Stephens.(Brustin, Nick)
July 24, 2014	Filing 722 MEMO ENDORSEMENT on #721 JOINT LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 7/15/14 re: New Trial Date. ENDORSEMENT: The trial can begin October 14, 2014. The final pre-trial conference will be held on October 9, 2014, at 2:30. So Ordered. (Final Pretrial Conference set for 10/9/2014 at 02:30 PM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 7/24/2014) (lnl)
July 15, 2014	Filing 721 JOINT LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 7/15/14 re: New Trial Date. Document filed by Jeffrey Deskovic, Putnam County, Daniel Stephens.(Brustin, Nick)
July 14, 2014	Filing 720 ORDER granting #719 Motion to Withdraw as Attorney: Upon consideration of this Motion of Aaron Scherzer, the Court grants leave for him to withdraw as counsel for Plaintiff Jeffrey Deskovic, and he is relieved of further responsibility to the Court. IT IS SO ORDERED. Attorney Aaron William Scherzer terminated. (Signed by Judge Kenneth M. Karas on 7/14/2014) (lnl)
July 10, 2014	Filing 719 MOTION for Aaron Scherzer to Withdraw as Attorney . Document filed by Jeffrey Deskovic. (Attachments: #1 Text of Proposed Order for Motion to Withdraw as Attorney, #2 Certificate of Service)(Scherzer, Aaron)
June 20, 2014	Filing 718 PRETRIAL MEMORANDUM. Document filed by Jeffrey Deskovic.(Brustin, Nick)
June 20, 2014	Filing 717 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated June 20, 2014 re: Revised Jury Instructions and Exhibits. Document filed by Daniel Stephens. (Attachments: #1 Jury Instructions, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Wellinghorst, Stephen)
June 19, 2014	Filing 716 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 6/18/2014 re: Counsel write to alert the Court that the parties in this matter have reached an agreement concerning the upcoming June 30, 2014 trial and related proceedings. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. (Signed by Judge Kenneth M. Karas on 6/18/2014) (tro)
June 16, 2014	Filing 715 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated June 16, 2014 re: Personal Electronic Devices. Document filed by Daniel Stephens. (Attachments: #1 Proposed Order)(Wellinghorst, Stephen)
June 13, 2014	Filing 714 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated June 13, 2014 re: Internet Access. Document filed by Daniel Stephens. (Attachments: #1 Order)(Wellinghorst, Stephen)
June 11, 2014	Filing 713 LETTER addressed to Judge Kenneth M. Karas from Peter A. Meisels dated June 11, 2014 re: Stipulation Discontinuing Cross-claims. Document filed by Walter Brovarski, City of Peekskill, David Levine, Thomas Mcintyre.(Meisels, Peter)
June 10, 2014	Filing 712 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated June 10, 2014 re: Stipulations Regarding Psychiatric Experts and Prior Settlements. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit A, #2 Exhibit B)(Heydari, Farhang)
June 3, 2014	Filing 711 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated June 3, 2014 re: Supplemental Authority in Support of Plaintiff's Omnibus Motion in Limine. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit A)(Heydari, Farhang)
June 3, 2014	Filing 710 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated June 3, 2014 re: Jury Verdict Sheet. Document filed by Daniel Stephens. (Attachments: #1 Exhibit)(Wellinghorst, Stephen)
May 15, 2014	Filing 709 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties, that in the event that Plaintiff Jeffrey Deskovic prevails on one or more of his claims against Defendants Daniel Stephens and/or Putnam County at trial, the value of Mr. Deskovic's claim for economic loss shall be $1,650,000. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/15/2014) (lnl)
May 15, 2014	Filing 708 ORDER: On April 15, 2014, the Parties filed Motions in Limine in anticipation of the upcoming trial. (See Dkt. Nos. 686 (Defs.' Mot.), 691 (Pl.'s Mot.).) The Court held oral argument on May 13, 2014 to discuss certain of the issues raised in the Motions. (See Dkt.) For reasons that will be explained later, the Court grants Plaintiff's Motions in part and denies Defendants' Motions in part. Specifically, it grants Plaintiff's Motion to exclude three of Defendants' proposed experts - namely, a forensic pathologist, a legal expert, and a police practices expert - to the extent these experts would offer testimony in support of Defendants' apportionment defense at trial. (See Pl.'s Omnibus Mot. in Limine ("Pl.'s Mem.") 19-21 (Dkt. No. 691).) And it denies Defendants' Motion to amend their Answer in light of Defendants' request that the jury apportion fault at trial. (See Mem. of Law in Supp. of Defs. Daniel Stephens' and Putnam County's Mot. in Limine ("Defs.' Mem.") 7-12 (Dkt. No. 693); see also Reply Mem. of Law in Further Supp. of Defs.' Mot. in Limine ("Defs.' Reply") 8 (Dkt. No. 697) ("[S]hould the court require that a formal motion to amend be filed, Defendants Daniel Stephens and Putnam County respectfully request that their Motion in Limine be treated as the same.").) However, the denial of Defendants' Motion is without prejudice to Defendants to file a motion for leave to amend their Answer to assert an affirmative defense of entitlement to a post-verdict setoff. Finally, because the Court rules that Defendants may not ask the jury to apportion fault at trial, the Court also grants Plaintiffs Motion to exclude Defendants' evidence of third-party conduct to the extent that such evidence would be relevant only to the apportionment issue. (See Pl.'s Mem. 2-8.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/15/2014) (lnl)
May 13, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held on 5/13/2014. Nick Brustin, Anna Benvenutti Hoffman, and Farhang Heydari appeared on behalf of Plaintiff. Stephen Wellinghorst, James Randazzo, Mike Chipko, and Paul Svensson appeared on behalf of Defendants Putnam County and Daniel Stephens. The Court held oral argument to discuss the Parties' Motions in Limine. (Court Reporter Angela O'Donnell) (lnl)
May 9, 2014	Filing 707 RESPONSE in Opposition to Motion re: #686 MOTION in Limine. Plaintiff's Surreply in Opposition to Defendants' Motion in Limine. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 1)(Heydari, Farhang)
May 9, 2014	Filing 706 MEMO ENDORSEMENT on re: #704 Letter filed by Jeffrey Deskovic. ENDORSEMENT: The Court will allow the filing of this sur-reply memorandum. (Signed by Judge Kenneth M. Karas on 5/9/2014) (rj)
May 9, 2014	Filing 705 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated May 9, 2014 re: Supplemental Exhibit to Motions in limine. Document filed by Daniel Stephens. (Attachments: #1 Exhibit)(Wellinghorst, Stephen)
May 8, 2014	Filing 704 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated May 8, 2014 re: Request to File Surreply. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit A)(Heydari, Farhang)
May 8, 2014	Filing 703 REPLY MEMORANDUM OF LAW in Support re: #691 MOTION in Limine Plaintiff's Omnibus Motion in Limine. . Document filed by Jeffrey Deskovic. (Hoffmann, Anna)
May 7, 2014	Filing 702 MEMO ENDORSEMENT on #700 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated May 7, 2014 re: Proposed Verdict Sheet. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 5/7/2014) (lnl)
May 7, 2014	Filing 701 NOTICE OF APPEARANCE by Michael P Chipko on behalf of Daniel Stephens. (Chipko, Michael)
May 7, 2014	Filing 700 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated May 7, 2014 re: Proposed Verdict Sheet. Document filed by Daniel Stephens.(Wellinghorst, Stephen)
May 6, 2014	Filing 699 PRETRIAL MEMORANDUM. Document filed by Jeffrey Deskovic, Putnam County, Daniel Stephens.(Brustin, Nick)
May 6, 2014	Filing 698 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated May 6, 2014 re: Plaintiff's Proposed Verdict Form. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit A)(Heydari, Farhang)
May 6, 2014	Filing 697 REPLY MEMORANDUM OF LAW in Support re: #686 MOTION in Limine. . Document filed by Daniel Stephens. (Attachments: #1 Exhibit)(Wellinghorst, Stephen)
May 5, 2014	Filing 696 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on certain in limine motions before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, May 13,2014 at 12:00 p.m. in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. The Parties should be prepared to address two issues: (1) the setoff/apportionment issue raised in Defendants' Motion in Limine, and Plaintiff's related request to exclude evidence of third-party conduct, (see Dkt. No. 693 at 7--12; Dkt. No. 691 at 2-8); (2) the expert-witness-disclosure issue raised in Plaintiff's Motion in Limine, (see Dkt. No. 691 at 19-21). Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. Oral Argument set for 5/13/2014 at 12:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 5/5/2014) (rj)
April 29, 2014	Filing 695 MEMORANDUM OF LAW in Opposition re: #686 MOTION in Limine. . Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22)(Hoffmann, Anna)
April 29, 2014	Filing 694 MEMORANDUM OF LAW in Opposition re: #691 MOTION in Limine Plaintiff's Omnibus Motion in Limine. . Document filed by Daniel Stephens. (Attachments: #1 Exhibits)(Wellinghorst, Stephen)
April 25, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 4/25/2014. Nick Brustin, Anna Benvenutti Hoffman, and Farhang Heydari appeared on behalf of Plaintiff. James Randazzo and Stephen Wellinghorst appeared on behalf of Putnam County and Daniel Stephens. The Court held a Curcio hearing. The Court will hold a pretrial conference on June 25, 2014. at 10:00 a.m. (Pretrial Conference set for 6/25/2014 at 10:00 AM before Judge Kenneth M. Karas) (Court Reporter Mary Staten) (lnl)
April 16, 2014	Filing 693 MEMORANDUM OF LAW in Support re: #686 MOTION in Limine.. Document filed by Daniel Stephens. (Attachments: #1 Exhibits)(Wellinghorst, Stephen)
April 16, 2014	Filing 692 DECLARATION in Support re: #686 MOTION in Limine.. Document filed by Daniel Stephens. (Wellinghorst, Stephen)
April 15, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen Wellinghorst to RE-FILE Document #688 MOTION in Limine. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link ONLY to document #686 Motion. (ldi)
April 15, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen Wellinghorst to RE-FILE Document #687 MOTION in Limine. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File and link ONLY to document #686 Motion. (ldi)
April 15, 2014	Filing 691 MOTION in Limine Plaintiff's Omnibus Motion in Limine. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Hoffmann, Anna)
April 15, 2014	Filing 690 PROPOSED JURY INSTRUCTIONS. Document filed by Jeffrey Deskovic.(Heydari, Farhang)
April 15, 2014	Filing 689 PROPOSED JURY INSTRUCTIONS. Document filed by Daniel Stephens.(Wellinghorst, Stephen)
April 15, 2014	Filing 688 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine. Document filed by Daniel Stephens. (Attachments: #1 Exhibit)(Wellinghorst, Stephen) Modified on 4/16/2014 (ldi).
April 15, 2014	Filing 687 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine. Document filed by Daniel Stephens.(Wellinghorst, Stephen) Modified on 4/16/2014 (ldi).
April 15, 2014	Filing 686 MOTION in Limine. Document filed by Daniel Stephens.(Wellinghorst, Stephen)
April 9, 2014	Filing 685 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst, dated 4/8/2014, re: Counsel for the defendants, Putnam County and Daniel Stephens writes: As you are further aware there is a Conflict Hearing scheduled for tomorrow, April 9, 2014 before Your Honor in order that Mr. Stephens can put on the record either waiving any conflicts or voicing same. Today, I spoke to Mr. Stephens regarding tomorrow's hearing wherein he advised me that his current position as a Physician's Assistant would preclude him from appearing tomorrow in that he is the only person in the office available to see patients tomorrow. Mr. Stephens works in two offices. Our notice for the hearing went to one office and was not forwarded to him until yesterday. All other medical personnel in his office are on vacation. He apologized profusely and advised that he would be available within the next week or two at Your Honor and counsel's convenience. I advised him of the seriousness of the Hearing and that it needs to be concluded. He did not make this request with a cavalier attitude. He is committed to his patients and as I advised he will be available any day during the week of April 2lst as suggested by your law clerk. ENDORSEMENT: Granted. The conference is adjourned to April 25, 2014, at 11:30. So Ordered. (Status Conference set for 4/25/2014 at 11:30 AM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 4/9/2014) (lnl)
April 9, 2014	Filing 684 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Emma Freudenberger, dated 4/8/2014, re: Counsel writes on behalf of Plaintiff Jeffrey Deskovic to object to the postponement of the conference currently scheduled for tomorrow, April 9, 2014, at 10:00 a.m. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 4/9/2014) (lnl)
April 3, 2014	Filing 683 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard J. Nicolello, dated 10/14/2014, re: Counsel writes: This firm represents Intervenor-Plaintiff, New York Municipal Insurance Reciprocal (NYMIR) and New York State Local Government Services Foundation, Inc. in the above-referenced actions. NYMIR was substituted by the firm of Kaufman, Borgeest and Ryan, LLP. At this time, we respectfully request that you remove this firm's name from the service list. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/3/2014) (lnl)
April 1, 2014	Filing 682 MEMO ENDORSEMENT Please be advised that I am available for a conflict hearing the weeks of April 7, 2014 and April 14, 2014. ENDORSEMENT: The court will hold a conflict hearing on April 9, 2014, at 10:00. So Ordered. (Signed by Judge Kenneth M. Karas on 3/31/2014) (jty)
April 1, 2014	Filing 681 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated April 1, 2014 re: Deskovic v. City of Peekskill, et al, Case No. 07 Civ. 8150 (KMK) (GAY). Document filed by Daniel Stephens.(Wellinghorst, Stephen)
April 1, 2014	Filing 680 NOTICE OF APPEARANCE by Emma Kate Freudenberger on behalf of Jeffrey Deskovic. (Freudenberger, Emma)
April 1, 2014	Filing 679 LETTER addressed to Judge Kenneth M. Karas from Emma Freudenberger dated 04/01/2014 re: Conflict Hearing Dates. Document filed by Jeffrey Deskovic.(Heydari, Farhang)
April 1, 2014	Set/Reset Hearings: Conflict hearing set for 4/9/2014 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (jty)
March 31, 2014	Filing 678 LETTER addressed to Judge Kenneth M. Karas from John J. Walsh dated March 31, 2014 re: Availability for Conflict Hearing. Document filed by Putnam County, Daniel Stephens.(Walsh, John)
March 31, 2014	Filing 677 LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated March 31, 2014 re: Deskovic v. City of Peekskill, et al, Case No. 07 Civ. 8150 (KMK) (GAY). Document filed by Daniel Stephens.(Wellinghorst, Stephen)
March 31, 2014	Filing 676 LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari dated 03-31-2014 re: Conflict Hearing. Document filed by Jeffrey Deskovic.(Heydari, Farhang)
March 25, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney John J. Walsh to RE-FILE Document #661 Response to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (db)
March 25, 2014	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney John J. Walsh to RE-FILE Document #660 Response to Motion. Use the event type Response (non-motion) found under the event list Other Answers. (db)
March 24, 2014	Filing 675 DECLARATION of Joan M. Gilbride in Support re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Exhibit Ex. A pt. 1 of 5 - Third Amended Complaint filed by Deskovic, #2 Exhibit Ex. A pt. 2 of 5 - Third Amended Complaint filed by Deskovic, #3 Exhibit Ex. A pt. 3 of 5 - Third Amended Complaint filed by Deskovic, #4 Exhibit Ex. A pt. 4 of 5 - Third Amended Complaint filed by Deskovic, #5 Exhibit Ex. A pt. 5 of 5 - Third Amended Complaint filed by Deskovic, #6 Exhibit Ex. B - Law Enforcement Liability Policy, #7 Exhibit Ex. C - correspondence between NYMIR and Insureds, #8 Exhibit Ex. D - letter from Deskovic to the Court, #9 Exhibit Ex. E pt. 1 of 3 - Court's Summary Judgment Order - 9.25.2012, #10 Exhibit Ex. E pt. 2 of 3 - Court's Summary Judgment Order - 9.25.2012, #11 Exhibit Ex. E pt. 3 of 3 - Court's Summary Judgment Order - 9.25.2012, #12 Exhibit Ex. F - NYMIR's supplemental coverage correspondence, #13 Exhibit Ex. G - NYMIR's Intervenor Complaint, #14 Exhibit Ex. H - Responsive Pleadings to the Third Party Complaint, #15 Exhibit Ex. I pt 1 of 3 - Commercial General Liability Policy, #16 Exhibit Ex. I pt 2 of 3 - Commercial General Liability Policy, #17 Exhibit Ex. I pt 3 of 3 - Commercial General Liability Policy)(Gilbride, Joan)
March 24, 2014	Filing 674 SECOND REPLY MEMORANDUM OF LAW in Support re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Affidavit Certificate of Service)(Gilbride, Joan)
March 24, 2014	Filing 673 FIRST MEMORANDUM OF LAW in Opposition re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by Jeffrey Deskovic. (Attachments: #1 Affidavit Certificate of Service)(Gilbride, Joan)
March 24, 2014	Filing 672 RULE 56.1 STATEMENT. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Affidavit Certificate of Service)(Gilbride, Joan)
March 24, 2014	Filing 671 AFFIDAVIT of Leonard Rosenbaum in Support re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Exhibit Ex. A - Correspondence re: NYMIR's coverage limitations)(Gilbride, Joan)
March 24, 2014	Filing 670 FIRST REPLY MEMORANDUM OF LAW in Support re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Gilbride, Joan)
March 24, 2014	Filing 669 RULE 56.1 STATEMENT. Document filed by Putnam County, Daniel Stephens. (Gilbride, Joan)
March 24, 2014	Filing 668 RULE 56.1 STATEMENT. Document filed by Putnam County, Daniel Stephens. (Gilbride, Joan)
March 24, 2014	Filing 667 DECLARATION of Paul E. Svensson in Opposition re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by Putnam County, Daniel Stephens. (Attachments: #1 Exhibit Ex. A part 1 of 4 - Law Enforcment Liability Policy, #2 Exhibit Ex. A part 2 of 4 - Law Enforcment Liability Policy, #3 Exhibit Ex. A part 3 of 4 - Law Enforcment Liability Policy, #4 Exhibit Ex. A part 4 of 4 - Law Enforcment Liability Policy)(Gilbride, Joan)
March 24, 2014	Filing 666 SECOND MEMORANDUM OF LAW in Opposition re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by Putnam County, Daniel Stephens. (Gilbride, Joan)
March 24, 2014	Filing 665 RULE 56.1 STATEMENT. Document filed by Daniel Stephens. (Attachments: #1 Affidavit Certificate of Service)(Gilbride, Joan)
March 24, 2014	Filing 664 FIRST MEMORANDUM OF LAW in Opposition re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by Putnam County, Daniel Stephens. (Gilbride, Joan)
March 24, 2014	Filing 663 RULE 56.1 STATEMENT. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Affidavit Certificate of Service)(Gilbride, Joan)
March 24, 2014	Filing 662 FIRST MEMORANDUM OF LAW in Support re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Appendix Appendix of Unreported Case Law)(Gilbride, Joan)
March 24, 2014	Filing 661 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment. Def's FRCP 56.1 Counter-Statement of Material Facts. Document filed by Putnam County, Daniel Stephens. (Walsh, John) Modified on 3/25/2014 (db).
March 24, 2014	Filing 660 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment. Response to Plaintiff's FRCP 56.1 Statement of Material Facts. Document filed by Putnam County, Daniel Stephens. (Walsh, John) Modified on 3/25/2014 (db).
March 24, 2014	Filing 659 AFFIDAVIT of Leonard Rosenbaum in Support re: #658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment.. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Gilbride, Joan)
March 24, 2014	Filing 658 FIRST MOTION for Judgment Notice of Motion for Summary Judgment. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL.(Gilbride, Joan)
March 13, 2014	Filing 657 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated 3/11/2014 re: The filing of document number 655 was made in error. Please place a notification on the March 10, 2014 filing that it was filed in error. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/13/2014) (mml)
March 11, 2014	Filing 656 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst, dated 3/7/2014, re: Counsel for Daniel Stephens and Putnam County, defendants in the above-referenced matters writes this letter to correct an omission on one of our papers previously submitted to the Court. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 3/11/2014) (lnl)
March 10, 2014	Filing 655 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #651 LETTER MOTION for Extension of Time to File Response/Reply Plaintiff's Request to File Opposition Brief to Intervenor-Plaintiff New York Municipal Insurance Reciprocals (NYMIR) motion for summary judgment addressed to Judge Kenneth M. Kara LETTER MOTION for Extension of Time to File Response/Reply Plaintiff's Request to File Opposition Brief to Intervenor-Plaintiff New York Municipal Insurance Reciprocals (NYMIR) motion for summary judgment addressed to Judge Kenneth M. Kara. Document filed by Putnam County, Daniel Stephens. (Attachments: #1 Affidavit response to facts, #2 Supplement cover letter, #3 Supplement cover letter)(Wellinghorst, Stephen) Modified on 3/17/2014 (lb).
February 28, 2014	Filing 654 ORDER: Pursuant to a stipulation of dismissal, the Court has dismissed the third-party actions brought by City of Peekskill against third-party-defendant insurance companies, including Westport Insurance Company; Illinois Union Insurance Company; Certain Underwriters at Lloyd's, London; CX Reinsurance Company Limited; Riverstone (UK) Limited, as successor-ininterest to Sphere Drake Insurance PLC; United National Insurance Company; Travelers Indemnity Company; and Harco National Insurance Company. (See Dkt. Nos. 640-42, 645-46.) Previously, these Parties filed Motions for Judgment on the Pleadings, which Motions remain pending on the docket. (See Dkt. Nos. 594, 597, 600, 603.) The Court denies these motions without prejudice as moot in light of the dismissal of the third-party actions. The Clerk of Court is respectfully requested to terminate the motions. (Dkt. Nos. 594, 597, 600, 603.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/28/2014) (lnl)
February 27, 2014	Filing 653 AMENDED TRIAL SCHEDULING ORDER: Jury selection and trial will begin on June 30, 2014, at 10:00 a.m. During the trial, the Court will sit from 9:30 a.m. until 2:00p.m., five days a week. The Parties will file all pre-trial motions by April 15, 2014. Responses must be submitted by April29, 2014, and any replies must be submitted by May 6, 2014. Proposed jury instructions are due no later than April 15, 2014. Finally, the Parties are to tum over all pre-marked exhibits by April 30, 2014. SO ORDERED. Pre Trial Motions due by 4/15/2014. Responses due by 4/29/2014. Replies due by 5/6/2014. Jury Selection set for 6/30/2014 at 10:00AM before Judge Kenneth M. Karas. Jury Trial set for 6/30/2014 at 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 2/27/2014) (lnl)
February 24, 2014	Filing 652 MEMO ENDORSEMENT on #651 LETTER MOTION for Extension of Time to File Response/Reply Plaintiff's Request to File Opposition Brief to Intervenor-Plaintiff New York Municipal Insurance Reciprocals (NYMIR) motion for summary judgment addressed to Judge Kenneth M. Karas from Farhang Heydari dated 2-21-2014. ENDORSEMENT: Granted. Plaintiff's opposition brief is due by March 10, 2014. So Ordered. Opposition Brief due by 3/10/2014. (Signed by Judge Kenneth M. Karas on 2/23/2014) (lnl)
February 21, 2014	Filing 651 LETTER MOTION for Extension of Time to File Response/Reply Plaintiff's Request to File Opposition Brief to Intervenor-Plaintiff New York Municipal Insurance Reciprocals (NYMIR) motion for summary judgment addressed to Judge Kenneth M. Karas from Farhang Heydari dated 2-21-2014. Document filed by Jeffrey Deskovic.(Heydari, Farhang)
February 14, 2014	Filing 650 LETTER addressed to Judge Kenneth M. Karas from Anna Benvenutti Hoffmann dated 02/14/2014 re: Joint Jury Questionnaire. Document filed by Jeffrey Deskovic. (Attachments: #1 Joint Jury Questionnaire)(Hoffmann, Anna)
February 11, 2014	Filing 649 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Farhang Heydari, dated 2/7/2014, re: Counsel for the Plaintiff Jeffrey Deskovic writes to request a brief extension of the reply deadline from Tuesday, May 6, 2014 to Friday, May 9, 2014. Counsel for the Defendants consents to this request. ENDORSEMENT: Granted. So Ordered. (Replies due by 5/9/2014) (Signed by Judge Kenneth M. Karas on 2/11/2014) (lnl)
February 3, 2014	Filing 648 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Stephen Wellinghorst dated 2/3/2014 re: Counsel requests that the time for submitting a joint proposed Jury Questionnaire be extended until Friday, February 14, 2014. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/3/2014) (mml)
January 31, 2014	Filing 647 NOTICE OF APPEARANCE by Farhang Heydari on behalf of Jeffrey Deskovic. (Heydari, Farhang)
January 31, 2014	Filing 646 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO AMERICAN MOTORISTS INSURANCE COMPANY as successor-in-interest to AMERICAN PROTECTION INSURANCE COMPANY AND AMERICAN MOTORISTS INSURANCE COMPANY as successor-in-interest to SPECIALTY NATIONAL INSURANCE COMPANY REGARDING PEEKSKILL'S THIRD-PARTY ACTIONS IN BOTH THE DESKOVIC AND MCGARR ACTIONS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties that all claims are dismissed without prejudice as against AMICO pursuant to Federal Rule of Civil Procedure 41 and court order. IT IS FURTHER STIPULATED AND AGREED, that that nothing contained in this Stipulation shall operate so as to create an estoppel as to any finding of fact, or create or expand any rights, remedies or liabilities of the parties hereto, except that Peekskill's dismissal without prejudice as against AMICO in the above-captioned Third-Party Actions filed in both the Deskovic and McGarr Actions tolls for a period of two years after filing of this stipulation any potentially applicable statutes of limitations of any jurisdiction as to all claims in the Third-Party Complaints in the above-captioned Third-Party Actions filed in both the Deskovic and McGarr Actions. Moreover, all time-based defenses to Peekskill's claims in the Third-Party Complaints in the above-captioned Third-Party Actions filed in both the Deskovic and McGarr Actions are preserved to the extent they exist. but only to the extent they existed, as of the date of the filing of the Third-Party Complaints in the above-captioned Third-Party Actions filed in both the Deskovic and McGarr Actions. IT IS FURTHER STIPULATED AND AGREED, that each undersigned party shall bear its own costs and attorneys' fees. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be signed in counterparts with all counterpat1s together constituting one complete Stipulation and that signatures received by facsimile or e-mail shall be deemed an original for purposes of this Stipulation. SO ORDERED. American Motorist Insurance Company terminated. (Signed by Judge Kenneth M. Karas on 1/31/2014) (lnl)
January 31, 2014	Filing 645 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO WESTPORT INSURANCE CORPORATION as successor-in-interest to NORTH RIVER INSURANCE COMPANY and WESTPORT INSURANCE CORPORATION as a successor-in-interest to INTERNATIONAL INSURANCE COMPANY REGARDING PEEKSKILL'S THIRD-PARTY ACTION IN THE DESKOVIC ACTION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties that all claims in the above-captioned Third-Party action filed in the Deskovic Action are dismissed with prejudice as against Westport pursuant to Federal Rule of Civil Procedure 41 and court order. IT IS FURTHER STIPULATED AND AGREED, that each undersigned party shall bear its own costs and attorneys' fees. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be signed in counterparts with all counterparts together constituting one complete Stipulation and that signatures received by facsimile or e-mail shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/31/2014) (lnl)
January 28, 2014	Filing 644 ORDER: Upon consideration of this Motion of Deborah L. Cornwall, the Court grants leave for her to withdraw as counsel for Plaintiff Jeffrey Deskovic. and she is relieved of further responsibility to the Court. IT IS SO ORDERED. Attorney Deborah Leigh Cornwall terminated. (Signed by Judge Kenneth M. Karas on 1/28/2014) (lnl)
January 28, 2014	Filing 643 ORDER: Upon consideration ofthis Motion of Chloe Cockburn, the Court grants leave for her to withdraw as counsel for Plaintiff Jeffrey Deskovic, and she is relieved of further responsibility to the Court. IT IS SO ORDERED. Attorney Chloe Francis Cockburn and Deborah Leigh Cornwall terminated. (Signed by Judge Kenneth M. Karas on 1/28/2014) (lnl)
January 24, 2014	Filing 642 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO WESTPORT INSURANCE CORPORATION as successor-in-interest to NORTH RIVER INSURANCE COMPANY and WESTPORT INSURANCE CORPORATION as a successor-in-interest to INTERNATIONAL INSURANCE COMPANY REGARDING PEEKSKILL'S THIRD-PARTY ACTION IN THE MCGARR ACTION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties that pursuant to Federal Rule of Civil Procedure 41 and court order all claims in the above-captioned Third-Party action filed in the McGarr Action are dismissed without prejudice as against Westport until the McGarr Action's conclusion or until Westport ceases to defend Peekskill in the McGarr Action up to the remaining limits of the 1990 North River Policy. IT IS FURTHER STIPULATED AND AGREED, that each undersigned party shall bear its own costs and attorneys' fees. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be signed in counterparts with all counterparts together constituting one complete Stipulation and that signatures received by facsimile or e-mail shall be deemed an original for purposes of this Stipulation. SO ORDERED. Westport Insurance Company terminated. (Signed by Judge Kenneth M. Karas on 1/24/2014) (lnl)
January 24, 2014	Filing 641 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO TRAVELERS INDEMNITY COMPANY as successor-in-interest to GULF INSURANCE COMPANY REGARDING PEEKSKILL'S THIRD-PARTY ACTIONS IN BOTH THE DESKOVIC AND MCGARR ACTIONS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties that all claims are dismissed with prejudice as against Travelers pursuant to Federal Rule of Civil Procedure 41 and court order. IT IS FURTHER STIPULATED AND AGREED, that each undersigned party shall bear its own costs and attorneys' fees. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be signed in counterparts with all counterparts together constituting one complete Stipulation and that signatures received by facsimile or e-mail shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/24/2014) (lnl)
January 24, 2014	Filing 640 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO UNDERWRITERS AT LLOYD'S, LONDON; CX REINSURANCE COMPANY LIMITED as successor-in-interest to CNA INTERNATIONAL REINSURANCE COMPANY; CX REINSURANCE COMPANY LIMITED as successor-in-interest to CNA REINSURANCE OF LONDON, LIMITED; SPHERE DRAKE INSURANCE PLC; ILLINOIS UNION INSURANCE COMPANY; UNITED NATIONAL INSURANCE COMPANY; HARCO NATIONAL INSURANCE COMPANY; and AMERICAN ZURICH INSURANCE COMPANY REGARDING PEEKSKILL'S THIRD-PARTY ACTIONS IN BOTH THE DESKOVIC AND MCGARR ACTIONS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties that all claims are dismissed with prejudice as against the Undersigned Third-Party Defendants pursuant to Federal Rule of Civil Procedure 41 and court order. IT IS FURTHER STIPULATED AND AGREED, that each undersigned party shall bear its own costs and attorneys' fees. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation may be signed in counterparts with all counterparts together constituting one complete Stipulation and that signatures received by facsimile or e-mail shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/24/2014) (lnl)
January 24, 2014	Filing 639 TRIAL SCHEDULING ORDER: At the Conference held before the Court on January 16, 2014, the Court adopted the following scheduling order: Jury selection will begin on June 23, 2014, at 10:00 a.m. During the trial, the Court will sit from 9:30 a.m. until 2:00 p.m., five days a week. The Parties will file all pre-trial motions by April 15, 2014. Responses must be submitted by April 29, 2014, and any replies must be submitted by May 6, 2014. The Parties have agreed to submit a joint jury questionnaire by January 31, 2014. Proposed jury instructions are due no later than April 15, 2014. Finally, the Parties are to turn over all pre-marked exhibits by April 30, 2014. SO ORDERED. Jury Selection set for 6/23/2014 at 10:00 AM before Judge Kenneth M. Karas. Pre-trial Motions due by 4/15/2014. Responses due by 4/29/2014. Replies due by 5/6/2014. (Signed by Judge Kenneth M. Karas on 1/24/2014) The Clerk's Office Has Mailed Copies. (lnl)
January 16, 2014	Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 1/16/2014. Nick Brustin and Anna Benvenuti Hoffman appeared on behalf of Plaintiff. James Randazzo, John Walsh, and Stephen Wellinghorst appeared on behalf of Putnam County and Daniel Stephens. Courtney Scott appeared on behalf of Westport Insurance Company. Brian Sher appeared on behalf of New York Municipal Insurance Reciprocal. The Court set a pre-trial schedule. See Order. (Court Reporter Albi Gorn) (lnl)
January 9, 2014	Filing 638 STIPULATION OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the plaintiff Jeffrey Deskovic ("Deskovic") and by the undersigned counsel for the defendants City of Peekskill ("the City"), David Levine, Thomas Mcintyre, and Eugene Tumolo (collectively the "Peekskill Defendants"), that plaintiff hereby discontinues and dismisses with prejudice all claims against the Peekskill Defendants arising from the allegations set forth in Deskovic's third amended complaint, as well as all causes of action and allegations, brought or not brought against the Peekskill defendants, related in any way with the above-captioned matter. Further, this dismissal with prejudice is without an award of any costs, disbursements, interest or attorneys' fees to any party. This stipulation of discontinuance is not intended to affect Deskovic's claims against the non-settling defendants, including Putnam County, Daniel Stephens, and their insurers. This stipulation of discontinuance will not be filed until and will not be binding unless full payment is made to Neufeld Scheck & Brustin LLP as set out in the separate signed settlement agreement between Deskovic and the City. This stipulation of discontinuance may be executed in any number of identical counterparts. Facsimile and other digital or PDF signatures shall have the same effect as original signatures. So Ordered. Thomas Mcintyre, Eugene Tumolo, City of Peekskill and David Levine terminated. (Signed by Judge Kenneth M. Karas on 1/9/2014) The Clerk's Office Has Mailed Copies. (lnl) .
December 13, 2013	Filing 637 LETTER addressed to Judge Kenneth M. Karas from James A. Randazzo dated 12/13/13 re: Jeffrey Deskovic v. City of Peekskill, et al.. Document filed by Putnam County, Daniel Stephens.(Randazzo, James)
December 4, 2013	Filing 636 MEMO ENDORSEMENT on re: #635 Letter filed by Jeffrey Deskovic. ENDORSEMENT: The Court will hold a pre-trial conference on January 10, 2014, at 3:00. Counsel for Defendants are to respond to this letter (addressing the conflict issue) by December 13, 2013. SO ORDERED. (Pretrial Conference set for 1/10/2014 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/4/2013) (mml) Modified on 1/6/2014 (mml).
November 6, 2013	Filing 635 LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated November 6, 2013 re: Requesting the June 23, 2014 trial date. Document filed by Jeffrey Deskovic.(Brustin, Nick)
October 30, 2013	Filing 634 NOTICE OF CHANGE OF ADDRESS by John J. Walsh, II on behalf of Putnam County, Daniel Stephens. New Address: Hodges, Walsh, Messemer & Moroknek, LLP, 55 Church Street, Suite 211, White Plains, New York, 10601 10601, 914-385-6000. (Walsh, John)
October 23, 2013	Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 10/23/2013. Nick Brustin and Anna Benvenutti Hoffman appeared on behalf of Plaintiff. Victoria Silva, James Randazzo, and John Walsh appeared on behalf of Putnam County and Daniel Stephens. Courtney Scott appeared on behalf of Westport Insurance Company. Brian Sher appeared on behalf of New York Municipal Insurance Reciprocal. Albi Gorn served as Court Reporter. The Court set a briefing schedule. See Order. The Court discussed potential trial dates (April 28, 2014, and June 23, 2014). The parties will notify the Court as to their preferred trail date by the end of January. (mml)
October 23, 2013	Filing 633 MOTION SCHEDULING ORDER: Putnam County and Stevens have until December 15, 2013, to file a Third Party Complaint. Intervenor Plaintiff New York Municipal Insurance Reciprocal (NYMIR) shall then file its Motion for Summary Judgment by January 15, 2014. Intervenor Defendants shall submit their opposition papers by February 15, 2014. Intervenor Plaintiff shall submit its reply in support of its motion by March 1, 2014. Motions due by 1/15/2014. Responses due by 2/15/2014. Replies due by 3/1/2014. (Signed by Judge Kenneth M. Karas on 10/23/2013) (mml)
October 22, 2013	Filing 632 ENDORSED LETTER addressed to Judge Kenneth M. Karas from John J. Walsh dated 10/17/2013 re: Counsel requests a reasonable time to obtain and review these materials before making a determination as to whether or not to proceed as plaintiff in a Declaratory Judgment action against Westport. ENDORSEMENT: Counsel has 30 days to review the materials discussed herein. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/21/2013) (mml)
October 16, 2013	Filing 631 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard J. Nicolello, dated 10/14/2013, re: Counsel for the Intervenor-Plaintiff, New York Municipal Insurance Reciprocal and New York State Local Government Services Foundation, Inc. writes to request that you remove this firm's name from the service list. ENDORSEMENT: So Ordered. Attorney Richard J. Nicolello terminated. (Signed by Judge Kenneth M. Karas on 10/16/2013) (lnl)
October 16, 2013	Filing 630 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Anna Benvenutti Hoffmann, dated 10/15/2013, re: Counsel writes on behalf of plaintiff Jeffrey Deskovic to ask the Court to delay further action on the complaint at least until the October 23, 2013 court conference. At that time counsel hopes that the parties can discuss the substitution of Putnam County for Plaintiff Deskovic in the Westport declaratory judgment action. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/16/2013) (lnl)
October 15, 2013	Filing 629 LETTER addressed to Judge Kenneth M. Karas from Anna Benvenutti Hoffmann dated 10-15-2013 re: Westport Insurance Corporation's October 7, 2013 letter to the Court. Document filed by Jeffrey Deskovic.(Hoffmann, Anna)
October 9, 2013	Filing 628 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Courtney E. Scott dated 10/7/0213 re: Westport requests that its request to file a motion to dismiss the Complaint for Declaratory Relief also be addressed at that conference. ENDORSEMENT: Plaintiff is to respond to this letter by October 15, 2013. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/8/2013) (mml)
October 3, 2013	Filing 627 STIPULATION: The time for Westport to answer or otherwise move with respect to the Complaint for Declaratory Relief is hereby extended through and including October 23, 2013. SO ORDERED. Westport Insurance Company (as a successor-in-interest to North River Insurance Company and Mount Airy Insurance Company) answer due 10/23/2013. (Signed by Judge Kenneth M. Karas on 10/3/2013) (mml)
October 2, 2013	Filing 626 NOTICE OF APPEARANCE by Courtney Elizabeth Scott on behalf of Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Scott, Courtney)
September 27, 2013	Filing 625 ORDER denying #514 Motion for Summary Judgment; denying #515 Motion for Summary Judgment. The Peekskill Defendants' and Defendant Eugene Tumolo's respective Motions for Summary Judgment are denied, without prejudice to reinstatement, due to the pending, approved settlement between these Parties. The Clerk of the Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 514, 515.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/27/2013) (mml)
September 23, 2013	Filing 624 NOTICE OF CHANGE OF ADDRESS by James A. Randazzo on behalf of Putnam County, Daniel Stephens. New Address: Gaines, Novick, Ponzini, Cossu & Venditti, LLP, 11 Martine Avenue, White Plains, New York, USA 10606, 914-288-9595. (Randazzo, James)
September 4, 2013	Filing 623 LETTER MOTION for Conference to Set a Trial Date for the Putnam Defendants and to Inform the Court of a Settlement with the Peekskill Defendants addressed to Judge Kenneth M. Karas from Nick Brustin dated September 4, 2013. Document filed by Jeffrey Deskovic.(Brustin, Nick)
August 27, 2013	Filing 622 WAIVER OF SERVICE RETURNED EXECUTED. Westport Insurance Company(as a successor-in-interest to International Insurance Company) waiver sent on 8/5/2013, answer due 10/4/2013. Document filed by Jeffrey Deskovic. (Scherzer, Aaron)
August 27, 2013	Filing 621 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard J. Nicolello dated 8/22/2013 re: This is to advise that the undersigned no longer represents Intervenor-Plaintiff, New York Municipal Insurance Reciprocal (NYMIR) in the actions. NYMIR was substituted by the firm of Kaufman, Borgeest and Ryan, LLP. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/27/2013) (mml)
August 26, 2013	Filing 620 ENDORSED LETTER addressed to Judge Kenneth M. Karas from John J. Walsh dated 8/22/2013 re: Counsel requests that the pre-motion conference be scheduled. ENDORSEMENT: Granted. The conference is scheduled for Wednesday, October 23, 2013 at 11:00 a.m. (Pre-Motion Conference set for 10/23/2013 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 8/26/2013) (mml)
August 21, 2013	Filing 619 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Joan M. Gilbride, dated 8/13/2013, re: Counsel for Intervenor-Plaintiff, New York Municipal Insurance Reciprocal (NYMIR) submits this letter to renew their request for a pre-motion conference to NYMIR's request to file a summary judgment motion in the referenced matters. ENDORSEMENT: Granted. The premotion conference is scheduled for Wednesday, October 9, 2013 at 10:00 a.m. (Pre-Motion Conference set for 10/9/2013 at 10:00 AM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 8/16/2013) (lnl)
August 21, 2013	Filing 618 ENDORSED LETTER addressed to Judge Kenneth M. Karas from John J. Walsh, dated 8/14/2013, re: Counsel for the County of Putnam and Daniel Stephens as defendants writes: While I can sympathize with Ms. Gilbride's desire to move the Declaratory Judgment action forward, it is our position that a summary judgment motion at this stage would be premature. At the very least, we should be provided with copies of the documents demanded, and a reasonable time to review same. ENDORSEMENT: The Court will assume the Parties will exchange documents in advance of the October 9th premotion conference. So Ordered. (Signed by Judge Kenneth M. Karas on 8/20/2013) (lnl)
August 21, 2013	Filing 617 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Anna Benvenutti Hoffmann dated 8/15/2013 re: I write on behalf of Plaintiff Jeffrey Deskovic in response to the August 13, 2013 letter from Joan Gilbride on behalf of New York Municipal Insurance Reciprocal (NYMIR). Mr. Deskovic believes that it would be premature for the Court to set a summary judgment briefing schedule in the third-party action brought by NYMIR for two reasons: (1) Despite repeated requests by attorneys for both Mr. Deskovic and Putnam County. ENDORSEMENT: The Court will assume the parties will exchange documents in advance of the October 9th Pre-motion conference. So Ordered. ( Pre-Motion Conference set for 10/9/2013 Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 8/20/2013) (jty)
August 16, 2013	Filing 616 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell, dated 8/13/2013, re: Counsel for the City of Peekskill writes on behalf of all parties to request an additional five-week extension (until September 17, 2013) of the briefing deadlines. Counsel was informed that all insurance companies have consented to this request. ENDORSEMENT: Granted. (Signed by Judge Kenneth M. Karas on 8/15/2013) (lnl)
July 26, 2013	Filing 615 FIRST REPLY re: #610 Answer to Intervenor Complaint, Counterclaim. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Gilbride, Joan)
July 22, 2013	Filing 614 THIRD PARTY COMPLAINT against Westport Insurance Company(as a successor-in-interest to North River Insurance Company), Mount Airy Insurance Company.Document filed by Jeffrey Deskovic.(fk)
July 19, 2013	Filing 613 STIPULATION FOR SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED between the undersigned that the law firm of Kaufman Borgeest & Ryan LLP, shall be substituted as counsel for Intervenor-Plaintiff, New York Municipal Insurance Reciprocal ("NYMIR"), in place of the law firm of Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/18/2013) (mml)
July 12, 2013	Filing 612 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard J. Nicolello dated 7/11/2013 re: Counsel requests that the conference on the putative summary judgment motion on July 16, 2013 be cancelled with leave to seek a motion conference at a later date. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/12/2013) (mml)
July 11, 2013	Filing 611 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 7/10/2013 re: Mr. Deskovic respectfully requests that the Court permit him to file this Complaint. None of the parties to the declaratory judgment action (NYMIR, the Putnam Defendants, or Ms. McGarr) object to Mr. Deskovic' s request.ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/11/2013) (jty)
July 8, 2013	Filing 610 ANSWER to #582 Intervenor Complaint., COUNTERCLAIM against NEW YORK MUNICIPAL INSURANCE RECIPROCAL, New York State Local Government Services Foundation, Inc.. Document filed by Jeffrey Deskovic.(Scherzer, Aaron)
July 8, 2013	Filing 609 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 7/3/2013 re: We write to request on behalf of all parties in the Peekskill insurance coverage litigation a five week extension (until August 13, 2013) of the briefing deadlines for the Peekskill insurance trigger motions. The parties' opposition briefs are currently due on July 8, 2013. The parties have made no prior requests for adjournment or extension in connection with this briefing. ENDORSEMENT: Granted. (Signed by Judge Kenneth M. Karas on 7/3/2013) (rj)
June 17, 2013	Filing 608 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 6/13/2013 re: Counsel requests that the Court defer setting any further schedule in this third party action at least until Mr. Deskovic has responded to the NYMIR Complaint. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/17/2013) (mml)
June 17, 2013	Filing 607 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard J. Nicolello dated 5/7/2013 re:Upon receipt of responsive pleadings from the defendants in the NYMIR DJ Action, or the expiration of the statutory time to serve such pleadings, NYMIR would like to immediately move for Summary Judgment.ENDORSEMENT: The court will hold a conference on July 16, 2013, at 2:30 to address the putative summary judgment motion. So Ordered. ( Status Conference set for 7/16/2013 at 02:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 6/11/2013) (jty)
June 13, 2013	Filing 606 ENDORSED LETTER addressed to Judge Kenneth M. Karas from John J. Walsh dated 6/6/2013 re: At this juncture, such a motion would be premature. This office has not yet had the opportunity to obtain relevant documents in order to make an assessment of the County's position on the Declaratory Judgment action. ENDORSEMENT: The Clerk is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/11/2013) (mml)
June 10, 2013	Filing 605 AFFIDAVIT of William G. Passannante in Support re: #603 MOTION for Judgment on The Pleadings Pursuant to Federal Rule of Civil Procedure 12(c).. Document filed by City of Peekskill. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23(1), #24 Exhibit 23(2), #25 Exhibit 23(3), #26 Exhibit 24(1), #27 Exhibit 24(2), #28 Exhibit 24(3), #29 Exhibit 25(1), #30 Exhibit 25(2), #31 Exhibit 25(3), #32 Exhibit 26, #33 Exhibit 27(1), #34 Exhibit 27(2), #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30)(Pudell, Steven)
June 10, 2013	Filing 604 MEMORANDUM OF LAW in Support re: #603 MOTION for Judgment on The Pleadings Pursuant to Federal Rule of Civil Procedure 12(c).. Document filed by City of Peekskill. (Pudell, Steven)
June 10, 2013	Filing 603 MOTION for Judgment on The Pleadings Pursuant to Federal Rule of Civil Procedure 12(c). Document filed by City of Peekskill.(Pudell, Steven)
June 10, 2013	Filing 602 MEMORANDUM OF LAW in Support re: #600 MOTION for Judgment on the Pleadings.. Document filed by Harco National Insurance Company. (Ford, Janet)
June 10, 2013	Filing 601 DECLARATION of Janet P. Ford in Support re: #600 MOTION for Judgment on the Pleadings.. Document filed by Harco National Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit B - Deskovic (Part 1), #3 Exhibit B - Deskovic (Part 2), #4 Exhibit 2, #5 Exhibit B - McGarr, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit A - Harco (Part 1), #9 Exhibit A - Harco (Part 2), #10 Exhibit B- Harco, #11 Exhibit C - Harco, #12 Exhibit D - Harco, #13 Exhibit E - Harco, #14 Exhibit F - Harco)(Ford, Janet)
June 10, 2013	Filing 600 MOTION for Judgment on the Pleadings. Document filed by Harco National Insurance Company.(Ford, Janet)
June 10, 2013	Filing 599 DECLARATION of Jessika J. Moon in Support re: #597 JOINT MOTION for Judgment on the Pleadings on Trigger Issue.. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E 1-2, #6 Exhibit F 1-2, #7 Exhibit G 1-2, #8 Exhibit H 1-2, #9 Exhibt I-1, #10 Exhibit I-2, #11 Exhibit I-3, #12 Exhibit I-4, #13 Exhibit J 1-4, #14 Exhibit K-1, #15 Exhibit K-2, #16 Exhibit K-3, #17 Exhibit L 1-8)(Anderson, Matthew)
June 10, 2013	Filing 598 JOINT MEMORANDUM OF LAW in Support re: #597 JOINT MOTION for Judgment on the Pleadings on Trigger Issue.. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. (Anderson, Matthew)
June 10, 2013	Filing 597 JOINT MOTION for Judgment on the Pleadings on Trigger Issue. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company.(Anderson, Matthew)
June 10, 2013	Filing 596 FIRST MEMORANDUM OF LAW in Support re: #594 FIRST MOTION for Judgment on the Pleadings on Trigger of Coverage.. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Ibach, Darcy)
June 10, 2013	Filing 595 DECLARATION of Darcy L. Ibach in Support re: #594 FIRST MOTION for Judgment on the Pleadings on Trigger of Coverage.. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit 1 part 3, #4 Exhibit 1 part 4, #5 Exhibit 2 part 1, #6 Exhibit 2 part 2, #7 Exhibit 2 part 3, #8 Exhibit 3 part 1, #9 Exhibit 3 part 2, #10 Exhibit 3 part 3, #11 Exhibit 3 part 4, #12 Exhibit 3 part 5, #13 Exhibit 4 part 1, #14 Exhibit 4 part 2, #15 Exhibit 4 part 3, #16 Exhibit 4 part 4, #17 Exhibit 4 part 5)(Ibach, Darcy)
June 10, 2013	Filing 594 FIRST MOTION for Judgment on the Pleadings on Trigger of Coverage. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). Responses due by 7/8/2013(Ibach, Darcy)
June 7, 2013	Filing 593 MOTION for Deborah L. Cornwall to Withdraw as Attorney. Document filed by Jeffrey Deskovic.(Cornwall, Deborah)
June 7, 2013	Filing 592 MOTION for Chloe Cockburn to Withdraw as Attorney. Document filed by Jeffrey Deskovic.(Cockburn, Chloe)
June 4, 2013	Filing 591 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Bradley M. Klein dated 6/3/2013 re: The City does not oppose the request. The Joint Insurers therefore respectfully request that Your Honor grant leave to file a joint memorandum of law of up to 35 pages in support of their joint motion for judgment on the pleadings. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 6/4/2013) (jty)
May 31, 2013	Filing 590 ANSWER to #582 Intervenor Complaint. Document filed by Putnam County.(Walsh, John)
May 29, 2013	Filing 589 CERTIFICATE OF SERVICE of Waiver of Service.McGarr served on all counsel on attached riders on 05/29/2013. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL, New York State Local Government Services Foundation, Inc.. (Attachments: #1 counsel.list.Deskovic, #2 counsel list.McGarr)(Nicolello, Richard)
May 29, 2013	Filing 588 WAIVER OF SERVICE RETURNED EXECUTED. Linda McGarr waiver sent on 5/7/2013, answer due 7/8/2013. Document filed by New York State Local Government Services Foundation, Inc.; NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Nicolello, Richard)
May 15, 2013	Filing 587 WAIVER OF SERVICE RETURNED EXECUTED. Jeffrey Deskovic waiver sent on 5/7/2013, answer due 7/8/2013. Document filed by New York State Local Government Services Foundation, Inc.; NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Nicolello, Richard)
May 15, 2013	Filing 586 WAIVER OF SERVICE RETURNED EXECUTED. Daniel Stephens waiver sent on 5/4/2013, answer due 7/3/2013. Document filed by New York State Local Government Services Foundation, Inc.. (Nicolello, Richard)
May 15, 2013	Filing 585 AFFIDAVIT OF SERVICE of Summons & Complaint served on Stephens,County of Putnam on May 1, 2013, May 4, 2013. Service was accepted by Sharon Stephens, Lorrie Pellicco. Document filed by New York State Local Government Services Foundation, Inc.. (Attachments: #1 Affidavit Affd.Service.Putnam County, #2 Affidavit Aff.Service,Town,Stephens, #3 Summons.Civil Action)(Nicolello, Richard)
May 15, 2013	Filing 584 NOTICE OF APPEARANCE by John J. Walsh, II on behalf of Putnam County (Walsh, John)
May 7, 2013	Filing 583 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument as follows: docket nos. 295 and 297 for case no. 07-cv-9488 and docket nos. 514 and 515 for case no. 07-cv-8150 on Thursday, 5/16/2013 at 02:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 5/7/2013) (mml)
April 30, 2013	Filing 582 INTERVENOR COMPLAINT against Jeffrey Deskovic, Linda McGarr, Putnam County, Daniel Stephens.Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL, New York State Local Government Services Foundation, Inc..(fk)
April 30, 2013	Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 4/30/2013. Marianne May, Darcy L. Ibach, Janet P. Ford, Jessika Moon, Thomas Martin, and Matthew B. Anderson appeared on behalf of Third-Party Defendants; William Passannante and Steven Pudell appeared on behalf of City of Peekskill; and Richard Nicolello appeared on behalf of Intervenor NYMIR. Sue Ghorayeb served as court reporter. The Parties shall submit cross opening briefs on June 10, 2013; they shall submit cross opening briefs on June 10, 2013; they shall submit cross response briefs on July 8, 2013. (mml)
April 19, 2013	Filing 581 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard J. Nicolello, dated 4/5/2013, re: Counsel for the proposed Intervenor-Plaintiff, New York Municipal Insurance Reciprocal writes to seeks permission from the Court to be heard on the motion and for a pre-motion conference. ENDORSEMENT: NYMIR's Motion to Intervene is granted, as the Court has received no objections. The Clerk is respectfully requested to terminate the motion (Doc. #543.) So Ordered. Motions terminated: #543 MOTION FOR LEAVE TO INTERVENE PURSUANT TO FRCP RULE 24(a)(2). (Signed by Judge Kenneth M. Karas on 4/18/2013) (lnl)
April 19, 2013	Filing 580 ORDER FOR STAY WITH RESPECT TO AMICO: the Court hereby orders the following: IT IS HEREBY ORDERED that all claims are hereby stayed as against Third-Party Defendants American Motorists Insurance Company as successor-in-interest to American Protection Insurance Company and American Motorists Insurance Company as successor-in-interest to Specialty National Insurance Company. (SEE ORDER AS SET FORTH) (Signed by Judge Kenneth M. Karas on 4/18/2013) (lnl)
April 18, 2013	Filing 579 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Janet P. Ford dated 3/25/2013 re: The Joining Insurers continue to object to the City's insufficiently pleaded and conclusory bad faith allegations, and certain Insurers reserve their rights to seek dismissal of same pursuant to Rule 12(c) for failure to meet federal pleading standards. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 4/17/2013) (jty)
April 18, 2013	Filing 578 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 4/9/2013 re: The City of Peekskill (the "City") responds to the March 25, 2013 pre-motion letter of the Insurance Companies (except Zurich American Insurance Company) as follows.The Insurance Companies believe that the City, having purchased millions of dollars of non-expiring insurance coverage, is entitled to only a fraction of that coverage. The Court must -decide which insurance policies are triggered by the Plaintiffs' allegations.ENDORSEMENT: The clerk of the court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 4/7/2013) (jty) Modified on 4/18/2013 (jty).
April 3, 2013	Filing 577 ORDER: Following a conference with the Parties, on November 29, 2012, the Court issued an Order addressing several specific discovery requests made by Defendants the City of Peekskill, David Levine, and Thomas McIntyre (collectively, "the Peekskill Defendants"). (Dkt. No. 542.) The Court now turns to three discovery issues that remain outstanding from those requests. First, the Court declined to compel the release of Plaintiff's Presentence Investigation Report based on considerations of comity, and directed the Peekskill Defendants to file their request with the sentencing state court from the underlying criminal action. (Id.) The sentencing court subsequently authorized the release of the Presentence Investigation Report, (Dkt. No. 558), and this Court has delivered copies to the Parties. Second, this Court declined to release Plaintiff Jeffrey Deskovic's Mental Health Report, but granted leave to the Parties to brief the issue more thoroughly. The Parties failed to renew their request by the Court's deadline, however, and the Peekskill Defendants' prior request for the Plaintiffs Mental Health Report is accordingly denied. Third, the Court noted that Parts II and III of Plaintiff's Inmate Status Report (or, "ISR") appear to be privileged "intra-agency materials" under the New York Public Officers Law and/or under New York Compilation of Codes and Regulations Title 9, 8000.5(c) (2)(i)(a). The Court therefore requested that New York Department of Correction submit an affidavit expressly asserting or waiving that privilege. (Dkt. No. 542.) Craig Mausler, Assistant Counsel for the New York State Board of Parole, responded on January 24,2013, asserting that "[P]arts II and III [of the ISR] are exempt from disclosure as intra-agency materials containing evaluative opinion information" under both of the above cited provisions, and further explaining that refusing to disclose these portions of inmate status reports "has been the standard procedure" of the Board of Parole. (Craig Mausler Aff. 3.) Based on his further review of Plaintiff's ISR, Mausler indicated that the entirety of Part II was privileged, (id. 6-7), but admitted that with respect to Part III, "the only portion...that should be withheld is the first full paragraph without parentheses as found in part 3," (id. 9). The Parties then requested delivery of "those portions of the Inmate Status Report that Mr. Mausler has agreed should be released," as well as the "release [of] any other portion of the Inmate Status Report that the Court, after an in camera review, deems subject to disclosure." (Letter from Lalit K. Loomba to the Court (Feb. 7, 20 13); see also Letter from Nick Brustin to the Court (Feb. 5, 2013).) Parts II and III of an inmate status report "contain psychological information and evaluations... by parole officers, together with a service plan follow-up for field staff personnel," and "New York courts have declined to provide access to these confidential portions of Parole Division [i]nmate [s]tatus [r]eports." Rossney v. Travis, No. 00-CV-4562, 2003 WL 135692, at 12 (S.D.N.Y. Jan. 17, 2003), aff'd 93 F. App'x 285 (2d Cir. 2004). Due to the nature of this case, Federal law governs the assertion of evidentiary privileges, see Auersperg ex rel. Von Bulow v. von Bulow, 811 F.2d 136, 141 (2d Cir. 1987), but federal courts nonetheless must give due consideration to state evidentiary privileges based on the principle of comity, see King v. Conde, 121 F.R.D.l80, 187 (E.D.N.Y.1988). It is thus the Court's task to "balance the deference to be accorded state-created privileges with the need for the information sought to be protected by the privilege." Rossney, 2003 WL 135692, at 12. Therefore, if either the Peekskill Defendants or Plaintiff were to show "good cause" for the disclosure of Parts II and III of Plaintiff's ISR, then the intra-agency materials privilege "would yield if [it was] outweighed by a federal interest in presenting relevant evidence to a trier of fact." Id. (internal quotation marks omitted). Here, as in Rossney, the Parties have "failed to proffer" a sufficient basis "for believing that the material contained in the in camera submissions" is necessary to the issues that will be before the relevant finder of fact, id. In Rossney, a habeas petitioner sought the privileged portions of his inmate status report, based on the conclusory assertion that he might find a basis for vacating a Parole Board decision therein. See id. The court reviewed the materials and independently determined that "they would not support a decision...vacating the Parole Board decision." Id. Here, Defendants seek the privileged portions of Plaintiff's ISR, because Plaintiff "put in issue in this case both his mental health and the history of years in which he was held in custody"; because "these documents might lead to the discovery of admissible evidence"; and because the Federal Rules of Civil Procedure promote "the broad scope of discovery." (Letter from Lalit K. Loomba to the Court (May 9, 2012).) But Defendants have not identified any particular need for these portions of Plaintiffs ISR, with respect to liability, damages, or their defenses. Moreover, the Court has reviewed the requested materials in camera and can find nothing compelling or unique that overcomes New York state's interest in protecting agency decision making. Indeed, at least some paragraphs in Plaintiff's ISR are based on information contained in the Presentence Investigation Report, which has already been disclosed to the Parties. Based on these considerations, the Court will not disclose Part II of Plaintiff's ISR and will disclose only those portions of Part III with respect to which Mr. Mausler waived the intra-agency materials privilege. Due to the sensitive nature of the materials to be disclosed, the Parties should arrange for in-person retrieval of the documents. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/3/2013) (lnl)
March 27, 2013	Filing 576 ANSWER to #567 Third Party Complaint,,,. Document filed by American Zurich Insurance Company.(Kelly, Robert)
March 27, 2013	Filing 575 ANSWER to #567 Third Party Complaint,,,. Document filed by Harco National Insurance Company. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit B (Part 1), #4 Exhibit B (Part 2), #5 Exhibit C (Part 1), #6 Exhibit C (Part 2), #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Certificate of Service)(Ford, Janet)
March 27, 2013	Filing 574 ANSWER to #567 Third Party Complaint,,, with JURY DEMAND. Document filed by Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company). (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)(Martin, Thomas)
March 27, 2013	Filing 573 ANSWER to #567 Third Party Complaint,,,. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ibach, Darcy)
March 27, 2013	Filing 572 DEMAND for Trial by Jury. Document filed by United National Insurance Company (Attachments: #1 Appendix of Service)(Moon, Jessika)
March 27, 2013	Filing 571 ANSWER to #447 Amended Third Party Complaint,,,,. Document filed by United National Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of Service)(Moon, Jessika)
March 27, 2013	Filing 570 ANSWER to #567 Third Party Complaint,,, with JURY DEMAND. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, Under Writers at Lloyd's, London, United National Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Certificate of Service)(Anderson, Matthew)
March 27, 2013	Filing 569 NOTICE OF APPEARANCE by Matthew B. Anderson on behalf of CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, Under Writers at Lloyd's, London, United National Insurance Company (Anderson, Matthew)
March 27, 2013	Filing 568 ANSWER to #567 Third Party Complaint,,, with JURY DEMAND. Document filed by Illinois Union Insurance Company. (Attachments: #1 Certificate of Service)(May, Marianne)
February 27, 2013	Filing 567 SECOND AMENDED THIRD PARTY COMPLAINT against American Motorist Insurance Company, American Zurich Insurance Company, CX Reinsurance Company Limited (as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited (as successor-in-interest to CNA Reinsurance of London, Limited), Harco National Insurance Company, Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company (as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company, Westport Insurance Company (as a successor-in-interest to International Insurance Company), Westport Insurance Company (as successor-in-interest to North River Insurance Company). Document filed by City of Peekskill. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2) (mml)
February 27, 2013	Filing 566 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 2/13/13 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)
February 27, 2013	Filing 565 TRANSCRIPT of Proceedings re: MOTION held on 2/13/2013 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 3/25/2013. Redacted Transcript Deadline set for 4/4/2013. Release of Transcript Restriction set for 5/31/2013.(Rodriguez, Somari)
February 14, 2013	Filing 564 ORDER: For the reasons stated on the record on February 13, 2013, Third-Party Defendants' motions to dismiss and to strike are dismissed as moot. The Clerk of the Court is respectfully directed to terminate these motions, (Dkt. Nos. 449,456,462 (07-CV-8150 Dkt.); Dkt. Nos. 246, 255, 264 (07-CV-9488 Dkt.)). The City of Peekskill shall file its second amended complaint by February 27, 2013. Third-Party Defendants shall submit an answer and/or premotion letter by March 27, 2013. The City must submit its response to any premotion letters by April 10, 2013. The next conference is scheduled for April30, 2013 at 3:00p.m. SO ORDERED. Motions terminated: #456 MOTION to Dismiss, #449 FIRST MOTION to Dismiss, #462 JOINT MOTION to Dismiss. American Motorist Insurance Company answer due 3/27/2013; American Zurich Insurance Company answer due 3/27/2013; CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company) answer due 3/27/2013; CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited) answer due 3/27/2013; Harco National Insurance Company answer due 3/27/2013; Illinois Union Insurance Company answer due 3/27/2013; North River Insurance Company answer due 3/27/2013; Marcia G. Shein answer due 3/27/2013; Sphere Drake Insurance PLC answer due 3/27/2013; Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company) answer due 3/27/2013; Under Writers at Lloyd's, London answer due 3/27/2013; United National Insurance Company answer due 3/27/2013; Westport Insurance Company(as a successor-in-interest to International Insurance Company) answer due 3/27/2013; Westport Insurance Company(as successor-in-interest to North River Insurance Company ) answer due 3/27/2013. (Amended Pleadings due by 2/27/2013. Status Conference set for 4/30/2013 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/13/2013) (lnl)
February 14, 2013	Set/Reset Deadlines: Amended Pleadings due by 2/27/2013. (lnl)
February 13, 2013	Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held on 2/13/2013. Marianne May, Darcy Ibach, Janet Ford, jessika Sedgwick, Thomas Martin, Bradley Klein, and Anne Zangos appeared on behalf of Third-Pary Defendants; William Passannante and Steven Pudell appeared on behalf of City of Peekskill; Debbie Greenberger and Anna Hoffman appeared on behalf of underlying Plaintiffs; The Court issued a separate order terminating the motions and setting a new schedule. (Court Reporter Albi Gorn) (lnl)
February 11, 2013	Filing 563 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 2/7/2013 re: After consultation with counsel for the Peekskill Defendants, we have come to the following agreement, subject to the Court's approval, regarding those four witnesses. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/11/2013) (mml)
February 6, 2013	Filing 562 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 2/5/2013 re: Counsel requests that the Court slightly modify its November 28, 2012 Order to permit a brief deposition of Dr. Rothman. ENDORSEMENT: Dr. Rothman may be deposed. The Court will review the Inmate Status Report. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/6/2013) (mml)
February 6, 2013	Filing 561 NOTICE OF APPEARANCE by Caitlin Grace Scheir on behalf of Putnam County, Daniel Stephens (Scheir, Caitlin)
January 29, 2013	Filing 560 CALENDAR NOTICE:Please take notice that the above captioned action has been scheduled for oral argument on case no. 07-cv-8150 (Dkt. Nos. 449, 456, 462) and case no. 07-CV-9488 (Dkt. Nos. 246, 255,264) before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, February 13, 2013 at 3:00 p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. Oral Argument set for 2/13/2013 at 03:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 1/29/2013) (rj)
January 18, 2013	Filing 559 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on docket nos. 449, 456 and 462 under case no. 07cv8150 and docket nos. 246, 255 and 264 under case no. 08cv9488 before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, February 12, 2013 at 3:30 p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Oral Argument set for 2/12/2013 at 03:30 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 1/16/2013) (mml)
January 14, 2013	Filing 558 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Lalit K. Loomba dated 1/9/2013 re: Defense Counsel writes in connection with the pre-sentence investigation report of plaintiff Jeffrey Deskovic, which this Court is currently holding in camera. ENDORSEMENT: Pursuant to Justice Colabella's Order, the Court will release Mr. Deskovic's pre-sentence investigation report to the parties. (Signed by Judge Kenneth M. Karas on 1/11/2013) (rj)
January 8, 2013	Filing 557 NOTICE OF APPEARANCE by Kerry Ann Sheehan on behalf of City of Peekskill (Sheehan, Kerry)
January 3, 2013	Filing 556 NOTICE OF APPEARANCE by Aaron William Scherzer on behalf of Jeffrey Deskovic (Scherzer, Aaron)
December 14, 2012	Filing 555 ORDER: IT IS THEREFORE ORDERED that Plaintiff and Defendants Putnam County andDaniel Stephens shall be represented in person at a mediation to take place at a mutually agreed upon date by the parties, by representatives having full authority to resolve any and all claims and issues. Moreover, because Defendants may be required to seek or obtain the approval of any of their Insurers that are participating in the defense of this case or its costs before effecting a settlement, participation of such Insurers will be necessary to ensure a meaningful and orderly mediation process. IT IS THEREFORE ORDERED that North River Insurance Company (Crum & Forster), and any of those other Insurers that are participating in, or intend to participate in, the defense of this case or its costs, be represented in person at the mediation by representativeshaving full authority to resolve any and all insurance coverage disputes, and to make decisions and grant authority to counsel with respect to all matters that may reasonably be anticipated to arise during the mediation process.IT IS FURTHER ORDERED that counsel for Defendants shall immediately notify North River Insurance Company (Crum & Forster) and any of those other Insurers that are participating in, or intend to participate in, the defense of this case or its costs, of the entry of this Order. (Signed by Judge Kenneth M. Karas on 12/13/2012) (rj)
December 14, 2012	Filing 554 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Patrick T. Walsh dated 12/4/2012 re: In sum, there is no logical or efficient reason for engaging in discovery at this juncture of the litigation, whether limited or otherwise. The City's discovery requests further do not appear to be limited to the trigger issue as the City claims, but are instead overbroad. Joining Insurers therefore respectfully request that Your Honor: (1) decline the City's request for a discovery conference at this time; and (2) deny the City's request for leave to re-serve its discovery requests and take depositions. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/10/2012) (mml)
December 14, 2012	Filing 553 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Craig Mausler dated 12/13/2012 re: Counsel requests an extension of the deadline in the Court Order until the date the State Archives send the file to his office. ENDORSEMENT: The Board of Parole is given 30 additional days to comply with the Court's 11/28/2012 order. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/13/2012) (mml)
December 13, 2012	Filing 552 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steen J. Pudell, dated 11/27/2012, re: Counsel for the Defendant and Third-Party Plaintiff City of Peekskill writes to request either (i) a Rule 26(f) conference be scheduled; or (ii) permission from the Court to serve the document requests attached hereto and to seek deposition testimony regarding the trigger issue. In the interim, Peekskill will hold the document requests in abeyance and withdraw the served interrogatories without prejudice. ENDORSEMENT: Discovery will be stayed until the pending motions are decided. So Ordered. (Signed by Judge Kenneth M. Karas on 12/10/2012) (lnl)
December 11, 2012	Filing 551 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 12/6/2012 re: In their letter, the Insurance Companies, in essence, argue that they are permitted interpret their policies differently, before different courts, based on circumstantial expediency. The Insurance Companies should not be allowed to do so. At very least, the Insurance Companies should not be permitted to hide that relevant information from the Court and from the City. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/10/2012) (mml)
December 10, 2012	Filing 550 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin, dated 12/7/2012, re: Counsel for the plaintiff Jeffrey Deskovic writes in regard to plaintiff's motion to compel a complete copy of the December 31, 1989 to December 31, 1990 insurance policy for the City of Peekskill issued by Zurich American Insurance Company. That motion is document number 493 on the docket of this case. In light of Zurich's representation in its opposition to Plaintiffs motion that the documents produced to date "constitute all of the documents within Zurich's possession that comprise the Zurich Policy," see Third Party Def. Zurich American Insurance Company's Opp'n to PI'' s Motion to Compel, dkt. 539 at 3; Plaintiff hereby withdraws his motion to compel without prejudice. ENDORSEMENT: In light of Plaintiffs withdrawal, the Clerk is respectfully requested to terminate the motion (Doc. #493). So Ordered. Motions terminated: #493 FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy. (Signed by Judge Kenneth M. Karas on 12/10/2012) (lnl)
December 7, 2012	Filing 549 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 12/5/2012 re: I write on behalf of Plaintiff Jeffrey Deskovic in response to the November 30, 2012 letter from Defendants City of Peekskill, David Levine, and Thomas McIntyre regarding expert discovery. We agree that expert discovery should be permitted on both liability and damages. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/7/2012) (mml)
December 4, 2012	Filing 548 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Lalit K. Loomba dated 11/30/2012 re: Counsel submits that expert discovery should not be limited to damages issues, thereby precluding expert discovery as to liability issues. ENDORSEMENT: The Court assumes it will hear from Plaintiffs on the issues addressed herein within the next week. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/4/2012) (mml)
December 3, 2012	Filing 547 CERTIFICATE OF SERVICE of Notice of Motion for Leave to Intervene, Declaration of Richard J. Nicolello, Esq. with Exhibits, and Memorandum of Law in Support served on Gaines, Gruner, Ponzini & Novick, Harwood, Lloyd, LLC, Nuefeld, Scheck & Brustin, Emery, Celli, Brinckerhoff & Abady, LLP on 12.03.12. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Nicolello, Richard)
December 3, 2012	Filing 546 AFFIDAVIT OF SERVICE of Notice of Motion for Leave to Intervene, Declaration of Richard J. Nicolello, Esq. with exhibits, Memorandum of Law and Certificate and Affidavit of Service served on County of Putnam and Daniel Stephens on 12/0312. Service was made by Mail. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Nicolello, Richard)
December 3, 2012	Filing 545 MEMORANDUM OF LAW in Support re: #543 MOTION to Intervene FOR LEAVE TO INTERVENE PURSUANT TO FRCP RULE 24(a)(2).. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Nicolello, Richard)
December 3, 2012	Filing 544 DECLARATION of Richard J. Nicolello, Esq. in Support re: #543 MOTION to Intervene FOR LEAVE TO INTERVENE PURSUANT TO FRCP RULE 24(a)(2).. Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL. (Attachments: #1 Exhibit A.Reserv.rights.ltr.4.4.08, #2 Exhibit B.Reserv.rights.ltr.5.21.08, #3 Exhibit C.Plaintiff's letter to Court, #4 Exhibit D. NYMIR letter to County, #5 Exhibit E.NYMIR Law Enforcement Policy, #6 Exhibit F. Verified Complaint for DJ, #7 Exhibit Ex. A to Exhibit F.Verified Complaint for DJ)(Nicolello, Richard)
December 3, 2012	Filing 543 MOTION to Intervene FOR LEAVE TO INTERVENE PURSUANT TO FRCP RULE 24(a)(2). Document filed by NEW YORK MUNICIPAL INSURANCE RECIPROCAL.(Nicolello, Richard)
November 29, 2012	Filing 542 ORDER: The Parties are directed to file any further briefing regarding the Peekskill Defendants' request that the Court release Plaintiffs Mental Health Report by no later than Friday, December 14, 2012. The Court directs the New York Department of Correction ("DOC") to submit an affidavit and any accompanying documents by no later than Friday, December 14, 2012, addressing whether the Court should grant the Peekskill Defendants' request that the Court release Parts II and III of Plaintiffs Inmate Status Report ("the ISR"). DOC specifically should indicate whether it is asserting that Parts II and III of the ISR qualify as "intra-agency materials which are not... final agency policy or determinations" under the New York Public Officers Law. See N.Y. Pub. Off. Law 87(2)(g)(iii); see also Martin v. N.Y.C. Transit Auth., 148 F.R.D. 56, 59 (E.D.N.Y 1993); accord Landry v. F.D.I.C., 204 F.3d 1125, 1135 (D.C. Cir. 2000). If DOC does not intend to assert this privilege, DOC should state so clearly. Plaintiff and the Peekskill Defendants must reply to any submission from DOC by January 4, 2013. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/28/2012) (lnl)
November 29, 2012	Filing 541 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Janet P. Ford dated 11/28/2012 re: Counsel for the London Insurers, Patrick Walsh, has been most involved with addressing the City's discovery requests. As he is out-of-town on another matter and will not be available until next week, we respectfully request leave to respond on or by Wednesday, December 5, 2012. ENDORSEMENT: Granted. So Ordered. ( Responses due by 12/5/2012) (Signed by Judge Kenneth M. Karas on 11/28/2012) (jty)
November 27, 2012	Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 11/27/2012. Plaintiff Deskovic appeared, represented by Nick Brustin and Aaron Scherzer; Plaintiff McGarr was represented by Diane Houk. John Flannery, Peter Meisels, and Lalit Loomba appeared on behalf of Defendants City of Peekskill and Detectives Levine and McIntyre. Robert Delicate and James Randazzo appeared on behalf of Putnam County and Daniel Stephens. Jim Mitchell appeared on behalf of Eugene Tumolo. Angela O'Donnell served as court reporter. The parties addressed a discovery dispute. (lnl)
November 26, 2012	Filing 540 AFFIDAVIT of Jane Turner in Opposition re: #493 FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy.FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy.. Document filed by American Zurich Insurance Company. (Attachments: #1 Exhibit Zurich Policy Documents)(Kelly, Robert)
November 26, 2012	Filing 539 RESPONSE in Opposition re: #493 FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy.FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy.. Document filed by American Zurich Insurance Company. (Kelly, Robert)
November 9, 2012	Filing 538 DECLARATION of Chloe Cockburn in Opposition re: #515 MOTION for Summary Judgment., #514 MOTION for Summary Judgment.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 61, #2 Exhibit 62, #3 Exhibit 63, #4 Exhibit 64, #5 Exhibit 65, #6 Exhibit 66, #7 Exhibit 67, #8 Exhibit 68, #9 Exhibit 69, #10 Exhibit 70, #11 Exhibit 71, #12 Exhibit 72, #13 Exhibit 73, #14 Exhibit 74, #15 Exhibit 75, #16 Exhibit 76, #17 Exhibit 77, #18 Exhibit 78, #19 Exhibit 79, #20 Exhibit 80, #21 Exhibit 81, #22 Exhibit 82, #23 Exhibit 83, #24 Exhibit 84, #25 Exhibit 85, #26 Exhibit 86, #27 Exhibit 87, #28 Exhibit 88, #29 Exhibit 89, #30 Exhibit 90, #31 Exhibit 91, #32 Exhibit 92, #33 Exhibit 93, #34 Exhibit 94, #35 Exhibit 95, #36 Exhibit 96, #37 Exhibit 97)(Hoffmann, Anna)
November 9, 2012	Filing 537 REPLY MEMORANDUM OF LAW in Support re: #514 MOTION for Summary Judgment.. Document filed by City of Peekskill, David Levine, Thomas Mcintyre. (Loomba, Lalit)
November 9, 2012	Filing 536 REPLY AFFIRMATION of Lalit K. Loomba in Support re: #514 MOTION for Summary Judgment.. Document filed by City of Peekskill, David Levine, Thomas Mcintyre. (Attachments: #1 Exhibit PD-65, #2 Exhibit PD-66, #3 Exhibit PD-67, #4 Exhibit PD-68, #5 Exhibit PD-69, #6 Exhibit PD-70, #7 Exhibit PD-71, #8 Exhibit PD-72, #9 Exhibit PD-73)(Loomba, Lalit)
November 9, 2012	Filing 535 DECLARATION of Chloe Cockburn in Opposition re: #515 MOTION for Summary Judgment., #514 MOTION for Summary Judgment.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 40, #9 Exhibit 41, #10 Exhibit 42, #11 Exhibit 43, #12 Exhibit 44, #13 Exhibit 45, #14 Exhibit 46, #15 Exhibit 47, #16 Exhibit 48, #17 Exhibit 49, #18 Exhibit 50, #19 Exhibit 53, #20 Exhibit 57, #21 Exhibit 60)(Hoffmann, Anna)
November 9, 2012	Filing 534 AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Further Support of Defendant Eugene Tumolo's Motion for Summary Judgment served on James A. Randazzo, Esq., Robert Delicate, Esq., Diane Houk, Esq., Peter Meisels, Esq., Nick Brustin, Esq. on 11-9-12. Service was made by Federal Express. Document filed by Eugene Tumolo. (Mitchell, James)
November 9, 2012	Filing 533 COUNTER STATEMENT TO #519 Rule 56.1 Statement, #517 Rule 56.1 Statement. Document filed by Jeffrey Deskovic. (Hoffmann, Anna)
November 9, 2012	Filing 532 COUNTER STATEMENT TO #519 Rule 56.1 Statement. Document filed by Jeffrey Deskovic. (Hoffmann, Anna)
November 9, 2012	Filing 531 REPLY MEMORANDUM OF LAW in Support re: #515 MOTION for Summary Judgment.. Document filed by Eugene Tumolo. (Mitchell, James)
November 9, 2012	Filing 530 COUNTER STATEMENT TO #517 Rule 56.1 Statement. Document filed by Jeffrey Deskovic. (Hoffmann, Anna)
November 9, 2012	Filing 529 NOTICE OF APPEARANCE by Mary Margulis-Ohnuma on behalf of Eugene Tumolo (Margulis-Ohnuma, Mary)
November 9, 2012	Filing 528 DECLARATION of Chloe Cockburn in Opposition re: #515 MOTION for Summary Judgment., #514 MOTION for Summary Judgment.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Hoffmann, Anna)
November 9, 2012	Filing 527 AFFIRMATION of James A. Mitchell in Support re: #515 MOTION for Summary Judgment.. Document filed by Eugene Tumolo. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit A Part 6, #7 Exhibit A Part 7, #8 Exhibit A Part 8, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D Part 1, #12 Exhibit D Part 2, #13 Exhibit E, #14 Exhibit F, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J Part 1, #19 Exhibit J Part 2, #20 Exhibit J Part 3, #21 Exhibit K, #22 Exhibit L, #23 Exhibit M, #24 Exhibit N, #25 Exhibit O, #26 Exhibit P)(Mitchell, James)
November 9, 2012	Filing 526 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: #515 MOTION for Summary Judgment., #514 MOTION for Summary Judgment. Plaintiff's Counterstatement of Material Facts Pursuant to Local Rule 56.1. Document filed by Jeffrey Deskovic. (Hoffmann, Anna) Modified on 11/9/2012 (ldi).
November 9, 2012	Filing 525 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: #515 MOTION for Summary Judgment. Plaintiff's Response to Defendant Tumolo's Rule 56.1 Statement. Document filed by Jeffrey Deskovic. (Hoffmann, Anna) Modified on 11/9/2012 (ldi).
November 9, 2012	Filing 524 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: #514 MOTION for Summary Judgment. Plaintiff's Corrected Response to Peekskill Defendants' Rule 56.1 Statement. Document filed by Jeffrey Deskovic. (Hoffmann, Anna) Modified on 11/9/2012 (ldi).
November 9, 2012	Filing 523 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: #514 MOTION for Summary Judgment. Plaintiff's Response to Peekskill Defendants' Rule 56.1 Statement. Document filed by Jeffrey Deskovic. (Hoffmann, Anna) Modified on 11/9/2012 (ldi).
November 9, 2012	Filing 522 MEMORANDUM OF LAW in Opposition re: #515 MOTION for Summary Judgment., #514 MOTION for Summary Judgment.. Document filed by Jeffrey Deskovic. (Hoffmann, Anna)
November 9, 2012	Filing 521 AFFIDAVIT OF SERVICE of Notice of Motion for Summary Judgment, Statement Pursuant to Local Rule 56.1, Affirmation of James A. Mitchell and accompanying exhibits, and Memorandum of Law served on Vincent Gelardi, Esq., Robert Delicate, Diane Houk, Peter Meisels, Nick Brunstin on 08-05-2011. Service was made by Federal Express. Document filed by Eugene Tumolo. (Mitchell, James)
November 9, 2012	Filing 520 MEMORANDUM OF LAW in Support re: #515 MOTION for Summary Judgment.. Document filed by Eugene Tumolo. (Mitchell, James)
November 9, 2012	Filing 519 RULE 56.1 STATEMENT. Document filed by Eugene Tumolo. (Mitchell, James)
November 9, 2012	Filing 518 MEMORANDUM OF LAW in Support re: #514 MOTION for Summary Judgment.. Document filed by City of Peekskill, David Levine, Thomas Mcintyre. (Loomba, Lalit)
November 9, 2012	Filing 517 RULE 56.1 STATEMENT. Document filed by City of Peekskill, David Levine, Thomas Mcintyre. (Loomba, Lalit)
November 9, 2012	Filing 516 DECLARATION of Lalit K. Loomba in Support re: #514 MOTION for Summary Judgment.. Document filed by City of Peekskill, David Levine, Thomas Mcintyre. (Attachments: #1 Exhibit PD-1, #2 Exhibit PD-2, #3 Exhibit PD-3, #4 Exhibit PD-4, #5 Exhibit PD-5, #6 Exhibit PD-6 (part 1 of 2), #7 Exhibit PD-6 (part 2 of 2), #8 Exhibit PD-7, #9 Exhibit PD-8, #10 Exhibit PD-9, #11 Exhibit PD-10, #12 Exhibit PD-11, #13 Exhibit PD-12, #14 Exhibit PD-13, #15 Exhibit PD-14, #16 Exhibit PD-15, #17 Exhibit PD-16, #18 Exhibit PD-17, #19 Exhibit PD-18, #20 Exhibit PD-19, #21 Exhibit PD-20, #22 Exhibit PD-21, #23 Exhibit PD-22, #24 Exhibit PD-23, #25 Exhibit PD-24, #26 Exhibit PD-25, #27 Exhibit PD-26, #28 Exhibit PD-27, #29 Exhibit PD-28, #30 Exhibit PD-29, #31 Exhibit PD-30, #32 Exhibit PD-31, #33 Exhibit PD-32, #34 Exhibit PD-33, #35 Exhibit PD-34, #36 Exhibit PD-35, #37 Exhibit PD-36, #38 Exhibit PD-37, #39 Exhibit PD-38, #40 Exhibit PD-39, #41 Exhibit PD-40, #42 Exhibit PD-41, #43 Exhibit PD-42, #44 Exhibit PD-43, #45 Exhibit PD-44, #46 Exhibit PD-45, #47 Exhibit PD-46, #48 Exhibit PD-47, #49 Exhibit PD-48, #50 Exhibit PD-49, #51 Exhibit PD-50, #52 Exhibit PD-51, #53 Exhibit PD-52, #54 Exhibit PD-53, #55 Exhibit PD-54, #56 Exhibit PD-55, #57 Exhibit PD-56, #58 Exhibit PD-57, #59 Exhibit PD-58, #60 Exhibit PD-59, #61 Exhibit PD-60, #62 Exhibit PD-61, #63 Exhibit PD-62, #64 Exhibit PD-63, #65 Exhibit PD-64)(Loomba, Lalit)
November 9, 2012	Filing 515 MOTION for Summary Judgment . Document filed by Eugene Tumolo.(Mitchell, James)
November 9, 2012	Filing 514 MOTION for Summary Judgment. Document filed by City of Peekskill, David Levine, Thomas Mcintyre.(Loomba, Lalit)
November 9, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Anna Benvenutti Hoffmann to RE-FILE Document #524 Response in Opposition to Motion, #525 Response in Opposition to Motion, #526 Response in Opposition to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (ldi)
November 7, 2012	Filing 513 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Lalit K. Loomba, dated 10/31/2012, re: Counsel for the City of Peekskill, David Levine and Thomas Mcintyre writes to request that the discovery conference be adjourned to November 14, 2012 at 3:00 p.m. ENDORSEMENT: The next conference will be November 27, 2012 at 10 a.m. So Ordered. (Status Conference set for 11/27/2012 at 10:00 AM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 11/7/2012) (lnl)
November 2, 2012	Filing 512 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 10/31/2012 re: This letter is in response to Michael Buckley's October 31, 2012 letter to the Court. ENDORSEMENT: AMICO is to respond to this letter by 11/7/12. (Signed by Judge Kenneth M. Karas on 11/1/2012) (lmb)
October 26, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert J. Kelly to RE-FILE Document #511 Response in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. (ldi)
October 26, 2012	Filing 511 FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Opposition re: #493 FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy.FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy.. Document filed by American Zurich Insurance Company. (Attachments: #1 Affidavit Affidavit of Jane Turner in Opposition to Plaintiff Jeffrey Deskovic's Motion to Compel, #2 Exhibit Exhibit A to Affidavit of Jane Turner in Opposition to Plaintiff Jeffrey Deskovic's Motion to Compel)(Kelly, Robert) Modified on 11/5/2012 (ldi).
October 25, 2012	Filing 510 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Lalit K. Loomba dated 10/22/2012 re:Accordingly, we respectfully request that the deadlines for submission of the reply papers on the motions for summary judgment by both the Peekskill Defendants and Chief Tumolo in the Deskovic and McGarr actions be extended one week, from November 2 until November 9, 2012, and that the Peekskill Defendants be granted permission to submit reply memoranda of law of no more then 20 pages in further support of their motions. ENDORSEMENT:Granted. So Ordered. ( Replies due by 11/9/2012.) (Signed by Judge Kenneth M. Karas on 10/24/2012) (jty)
October 23, 2012	Filing 509 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert J. Kelly dated 10/19/2012 re: Counsel requests an extension of time to file its response to Plaintiff's motion until October 26, 2012. ENDORSEMENT: Granted. SO ORDERED. (Responses due by 10/26/2012.) (Signed by Judge Kenneth M. Karas on 10/22/2012) (mml)
October 12, 2012	Filing 508 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 9/20/2012 re: Accordingly, to the extent Mr. Loomba's letter can be construed as a motion to reopen broad fact discovery and to compel Plaintiff to produce authorizations to contact the named witnesses, it should be denied in full. ENDORSEMENT: The Court will hold a conference on October 31, 2012, at 3:00. SO ORDERED. (Conference set for 10/31/2012 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/25/2012) (mml)
October 9, 2012	Filing 507 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert J. Kelly dated 10/5/2012 re: Counsel requests an extension of time for Zurich to file its response to Plaintiff's motion until October 19, 2012. ENDORSEMENT: Granted. SO ORDERED. (Responses due by 10/19/2012) (Signed by Judge Kenneth M. Karas on 10/10/2012) (mml)
October 5, 2012	Filing 506 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Chloe Cockburn dated 9/24/2012 re: Counsel writes regarding Plaintiff's Opposition to the Peekskill Defendants' motion for summary judgment. Counsel submits a corrected courtesy copy of Plaintiff's response to Peekskill's 56.1 statement of facts which will be filed on ECF when the motion is submitted. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/1/2012) (mml)
September 25, 2012	Filing 505 OPINION AND ORDER re: (223 in 7:07-cv-09488-KMK) MOTION for Summary Judgment filed by Daniel Stephens, (428 in 7:07-cv-08150-KMK) PROPOSED MOTION for Summary Judgment filed by Daniel Stephens. For the reasons discussed above, the motions of Defendants Stephens and Putnam County for summary judgment are denied as to Deskovic's claims and granted as to McGarr's claims. The Clerk of Court is respectfully directed to terminate the motion pending in Case No. 07-CV-8150 (Dkt. No. 428) and the motion pending in Case No. 07-CV-9488 (Dkt. No. 223), and dismiss Defendant Stephens from McGarr v. City of Peekskill, No. 07-CV-9488. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/25/2012) (mml) (Main Document 505 replaced on 10/4/2012) (fk).
September 24, 2012	Filing 504 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert J. Kelly dated 9/21/2012 re: Zurich requests an extension to file its opposition to plaintiff's motion until October 5, 2012. ENDORSEMENT: Granted. SO ORDERED. (Responses due by 10/5/2012.) (Signed by Judge Kenneth M. Karas on 9/21/2012) (mml)
September 20, 2012	Filing 503 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 8/2/12 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)
September 20, 2012	Filing 502 TRANSCRIPT of Proceedings re: MOTION held on 8/2/2012 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/26/2012.(McGuirk, Kelly)
September 13, 2012	Filing 501 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 8/2/12 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)
September 13, 2012	Filing 500 TRANSCRIPT of Proceedings re: MOTION held on 8/2/2012 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.(McGuirk, Kelly)
August 22, 2012	Filing 499 MOTION SCHEDULING ORDER:Plaintiff has moved to compel production of a complete copy of the insurance policy issued by Third-Party Defendant Zurich American Insurance Company ("Zurich") to the City of Peekskill ("Peekskill") with effective dates December 31, 1989 to December 31, 1990, or, in thealternative, a certified copy of the policy form(s) comprising the policy issued to Peekskill. (Dkt. No. 493.) Zurich shall submit its opposition papers by September 21, 2012. Plaintiff shall submit his reply in support of his motion by October 5, 2012. Counsel are reminded that there is a strict page limit, which will only be extended in extreme circumstances. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicablestatute are hereby stayed while the motion is pending. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. Responses due by 9/21/2012 Replies due by 10/5/2012. (Signed by Judge Kenneth M. Karas on 8/22/2012) (rj)
August 2, 2012	Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held on 8/2/2012. Parties appeared, represented by counsel. (mml)
August 1, 2012	Filing 498 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Neufeld Schech & Brustin, LLP dated 7/31/2012 re: Counsel requests permission to submit a single brief, no longer than 50 pages and an extension of time to file Plaintiff's opposition to September 7, 2012 and Defendants' reply to November 2, 2012. ENDORSEMENT: Both requests are granted. SO ORDERED. (Responses due by 9/7/2012, Replies due by 11/2/2012.) (Signed by Judge Kenneth M. Karas on 8/1/2012) (mml)
July 25, 2012	Filing 497 ORDER: Defendant Daniel Stephens and Plaintiff Linda McGarr shall brief the issue of whether Stephens is entitled to qualified immunity as to McGarr's right to familial association claim by July 30, 2012, and shall be prepared to discuss the issue at oral argument before the Court on August 2, 2012. (Signed by Judge Kenneth M. Karas on 7/24/2012) (mml)
July 13, 2012	Filing 496 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Lalit K. Loomba, dated 7/12/2012, re: Counsel for the City of Peekskill, David Levine and Thomas McIntyre writes to request the Court's assistance in resolving a discovery dispute with counsel for plaintiff Jeffrey Deskovic. ENDORSEMENT: Plaintiff is to respond to the first request (regarding medical authorizations) two weeks after his opposition to the summary judgment motion is due. Defendant is to provide more specific legal authority, in support of the second request (regarding the materials reviewed in camera). So Ordered. (Signed by Judge Kenneth M. Karas on 7/13/2012) (lnl)
July 13, 2012	Filing 495 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Chloe Cockburn, dated 7/12/2012, re: Counsel for the plaintiff writes to request that the Court permit Plaintiff to submit a substantive response to Mr. Loomba's letter two weeks after Plaintiff's summary judgment opposition is due. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/13/2012) (lnl)
July 10, 2012	Filing 494 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on Defendant Daniel Stephens Motion for Summary Judgment filed in case no. 07-cv-8150 and Defendant Daniel Stephens Motion for Summary Judgment filed in case no. 07-cv-9488 before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, August 2, 2012 at 10:00 a.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Oral Argument set for 8/2/2012 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 7/10/2012) (lnl)
July 6, 2012	Filing 493 FIRST MOTION to Compel Zurich American Insurance to produce the complete policy issued to the City of Peekskill, including any policy form(s), or in the alternative, a certified copy of the complete policy form(s) that comprised the policy. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit A)(Cockburn, Chloe)
July 4, 2012	Filing 492 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 6/29/2012 re: We would like to bring to the Court's attention that the policy provided to the City and the Plaintiffs is the same incomplete policy Zurich provided to the City in January 2012 after numerous requests by Peekskill. Zurich is aware that the City and Plaintiffs have been requesting a complete copy of the policy, not only the missing endorsements but any standard forms used in the policy as well. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/2/2012) (mml)
June 29, 2012	Filing 491 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert J. Kelly dated 6/28/2012 re: Counsel for third-party defendant writes to respond to counsel for third-party plaintiff. ENDORSEMENT: Zurich has 15 days to find the missing endorsements. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/29/2012) (mml)
June 21, 2012	Filing 490 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 6/20/2012 re: Plaintiff requests that the Court compel Zurich to produce to the parties a full copy of the Zurich policy at issue in this dispute. To the extent Zurich claims it has no policy in its possession, Plaintiff seeks policy forms used for the Peekskill policy. ENDORSEMENT: Zurich is to respond to this letter by June 28, 2012. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/21/2012) (mml)
June 18, 2012	Filing 489 NOTICE OF APPEARANCE by Christopher Dean O'Leary on behalf of American Zurich Insurance Company (O'Leary, Christopher)
June 18, 2012	Filing 488 NOTICE OF APPEARANCE by Christopher Dean O'Leary on behalf of American Zurich Insurance Company (O'Leary, Christopher)
June 14, 2012	Filing 487 CALENDAR NOTICE: Oral Argument on all pending motions set for 8/2/2012 at 10:00 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 6/13/2012) (mml)
May 21, 2012	Filing 486 REPLY MEMORANDUM OF LAW re: #456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations)., #449 FIRST MOTION to Dismiss First Amended Third Party Complaint., #454 Notice (Other), #453 Joinder THIRD PARTY PLAINTIFF CITY OF PEEKSKILL'S MEMORANDUM OF LAW IN FURTHER OPPOSITION.. Document filed by City of Peekskill. (Pudell, Steven)
May 21, 2012	Filing 485 REPLY MEMORANDUM OF LAW in Opposition re: #456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations)., #449 FIRST MOTION to Dismiss First Amended Third Party Complaint. THIRD PARTY PLAINTIFF CITY OF PEEKSKILL'S MEMORANDUM OF LAW IN FURTHER OPPOSITION.. Document filed by City of Peekskill. (Pudell, Steven)
May 21, 2012	Filing 484 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 5/21/2012 re: Counsel for defendant requests permission to file a short sur-reply. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/21/2012) (mml)
May 14, 2012	Filing 483 JOINT REPLY MEMORANDUM OF LAW in Support re: #462 JOINT MOTION to Dismiss.. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. (Anderson, Matthew)
May 14, 2012	Filing 482 JOINDER to join re: #478 Reply Memorandum of Law in Support of Motion. Document filed by American Motorist Insurance Company.(Dixon, Karen)
May 14, 2012	Filing 481 CERTIFICATE OF SERVICE of Harco National Insurance Company's Reply Memorandum. Service was made by ECF. Document filed by Harco National Insurance Company. (Ford, Janet)
May 14, 2012	Filing 480 REPLY MEMORANDUM OF LAW in Support re: #456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations).. Document filed by Harco National Insurance Company. (Ford, Janet)
May 14, 2012	Filing 479 REPLY AFFIDAVIT of Ibach in Support re: #449 FIRST MOTION to Dismiss First Amended Third Party Complaint.. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Attachments: #1 Exhibit C)(Ibach, Darcy)
May 14, 2012	Filing 478 REPLY MEMORANDUM OF LAW in Support re: #449 FIRST MOTION to Dismiss First Amended Third Party Complaint.. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Ibach, Darcy)
May 11, 2012	Filing 477 ANSWER to #447 Amended Third Party Complaint,,,,. Document filed by American Zurich Insurance Company.(Kelly, Robert)
May 11, 2012	Filing 476 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Zurich Insurance Company Ltd., Corporate Parent Zurich Financial Services Ltd., Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Holding Company of America, Inc., a Delaware Corporation for American Zurich Insurance Company. Document filed by American Zurich Insurance Company.(Kelly, Robert)
May 11, 2012	Filing 475 ANSWER to #447 Amended Third Party Complaint,,,,. Document filed by American Zurich Insurance Company.(Kelly, Robert)
May 11, 2012	Filing 474 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Zurich Insurance Company Ltd., Corporate Parent Zurich Financial Services Ltd., Corporate Parent Zurich Holding Company of America, Inc., Corporate Parent Zurich Holding Company of America, Inc., a Delaware Corporation for American Zurich Insurance Company. Document filed by American Zurich Insurance Company.(Kelly, Robert)
May 4, 2012	Filing 473 MEMORANDUM OF LAW in Opposition re: #456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations)., #462 JOINT MOTION to Dismiss., #449 FIRST MOTION to Dismiss First Amended Third Party Complaint., #455 JOINT MOTION to Dismiss., #452 FIRST MOTION for Joinder to Westport's Motion to Dismiss Doc. 449.. Document filed by City of Peekskill. (Pudell, Steven)
May 4, 2012	Filing 472 AFFIDAVIT of Steven J. Pudell, Esq. in Opposition re: #456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations)., #462 JOINT MOTION to Dismiss., #449 FIRST MOTION to Dismiss First Amended Third Party Complaint., #455 JOINT MOTION to Dismiss., #452 FIRST MOTION for Joinder to Westport's Motion to Dismiss Doc. 449.. Document filed by City of Peekskill. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D.)(Pudell, Steven)
May 3, 2012	Filing 471 STIPULATION EXTENDING TIME TO ANSWER: The time within which Third-Party Defendant Zurich American Insurance Company, incorrectly named as American Zurich Insurance Company, may answer the Third Party Complaint is extended to May 11, 2012. SO ORDERED. American Zurich Insurance Company answer due 5/11/2012. (Signed by Judge Kenneth M. Karas on 5/3/2012) (mml)
April 26, 2012	Filing 470 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 4/25/2012 re: Plaintiffs shall serve their opposition papers on the Court and all parties by August 17, 2012, and Defendants shall serve their replies to Plaintiffs' opposition on the Court and all parties by October 12, 2012. ENDORSEMENT: The proposed briefing schedule discussed herein is approved. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/26/2012) (mml)
April 24, 2012	Filing 469 ORDER: The Court has received the Pre-Sentence Investigation Report, Mental Health Report, and Inmate Status Report requested by Defendant City of Peekskill in its March 14, 2012 subpoena. Defendant City of Peekskill and Craig Mausler, Assistant Counsel for the New York State Department of Corrections, agreed that these materials would be turned over to the Court for in camera review, which it has done. If Defendant City of Peekskill wishes the Court to release these materials to it, it is requested to submit to the Court a brief letter explaining its authority to do so by May 2, 2012. (Signed by Judge Kenneth M. Karas on 4/23/2012) (mml)
April 20, 2012	Filing 468 AFFIDAVIT of David M. Dolendi in Support re: #462 JOINT MOTION to Dismiss.. Document filed by United National Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Moon, Jessika)
April 20, 2012	Filing 467 AFFIDAVIT of Thomas A. Martin in Support re: #462 JOINT MOTION to Dismiss.. Document filed by Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company). (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)(Martin, Thomas)
April 20, 2012	Filing 466 AFFIDAVIT of Bradley M. Klein in Support re: #462 JOINT MOTION to Dismiss.. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, Under Writers at Lloyd's, London, United National Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Anderson, Matthew)
April 20, 2012	Filing 465 AFFIDAVIT of Marianne May in Support re: #462 JOINT MOTION to Dismiss.. Document filed by Illinois Union Insurance Company. (May, Marianne)
April 20, 2012	Filing 464 JOINT MEMORANDUM OF LAW in Support re: #462 JOINT MOTION to Dismiss. Count III Against Third Party Defendant Insurers Who Issued Policies to the City of Peekskill Effective From December 31, 1991 to December 31, 1999. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. (Anderson, Matthew)
April 20, 2012	Filing 463 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David M. Dolendi in Support re: #455 JOINT MOTION to Dismiss. Document filed by United National Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Moon, Jessika) Modified on 5/22/2012 (db).
April 20, 2012	Filing 462 JOINT MOTION to Dismiss. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. Responses due by 5/4/2012(Anderson, Matthew)
April 20, 2012	Filing 461 CERTIFICATE OF SERVICE. Document filed by Harco National Insurance Company. (Ford, Janet)
April 20, 2012	Filing 460 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Bradley M. Klein in Support re: #455 JOINT MOTION to Dismiss. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, Under Writers at Lloyd's, London, United National Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Anderson, Matthew) Modified on 5/22/2012 (db).
April 20, 2012	Filing 459 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MEMORANDUM OF LAW in Support re: #455 JOINT MOTION to Dismiss. Count III Against Third Party Defendant Insurers Who Issued Policies to the City of Peekskill Effective From December 31, 1991 to December 31, 1999. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois National Insurance Company, Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. (Anderson, Matthew) Modified on 5/22/2012 (db).
April 20, 2012	Filing 458 MEMORANDUM OF LAW in Support re: #456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations).. Document filed by Harco National Insurance Company. (Ford, Janet)
April 20, 2012	Filing 457 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Marianne May in Support re: #455 JOINT MOTION to Dismiss. Document filed by Illinois Union Insurance Company. (May, Marianne) Modified on 5/22/2012 (db).
April 20, 2012	Filing 456 MOTION to Dismiss (Harco National Insurance Company's Notice of Partial Motion to Dismiss and to Strike Certain Allegations). Document filed by Harco National Insurance Company.(Ford, Janet)
April 20, 2012	Filing 455 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION to Dismiss. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Illinois National Insurance Company, Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company. Responses due by 5/4/2012(Anderson, Matthew) Modified on 5/22/2012 (db).
April 20, 2012	Filing 454 NOTICE of Partial Motion To Dismiss and To Strike Certain Allegations. Document filed by Harco National Insurance Company. (Ford, Janet)
April 20, 2012	Filing 453 FIRST JOINDER to join re: #449 FIRST MOTION to Dismiss First Amended Third Party Complaint.. Document filed by American Motorist Insurance Company.(Dixon, Karen)
April 20, 2012	Filing 452 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Joinder to Westport's Motion to Dismiss Doc. 449. Document filed by American Motorist Insurance Company. Return Date set for 5/4/2012 at 09:00 PM.(Dixon, Karen) Modified on 4/20/2012 (db).
April 20, 2012	Filing 451 FIRST MEMORANDUM OF LAW in Support re: #449 FIRST MOTION to Dismiss First Amended Third Party Complaint.. Document filed by Westport Insurance Company(as successor-in-interest to North River Insurance Company ). (Ibach, Darcy)
April 20, 2012	Filing 450 AFFIDAVIT of Ibach in Support re: #449 FIRST MOTION to Dismiss First Amended Third Party Complaint.. Document filed by Westport Insurance Company(as successor-in-interest to North River Insurance Company ). (Attachments: #1 Exhibit A, #2 Exhibit B)(Ibach, Darcy)
April 20, 2012	Filing 449 FIRST MOTION to Dismiss First Amended Third Party Complaint. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). Responses due by 5/4/2012(Ibach, Darcy)
April 20, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Karen M. Dixon to RE-FILE Document #452 FIRST MOTION for Joinder to Westport's Motion to Dismiss Doc. 449. Use the event type Joinder found under the event list Other Documents. (db)
April 16, 2012	Filing 448 ORDER: Having reviewed the Proposed Motions for Summary Judgment submitted by Defendant Eugene Tumolo and the Peekskill Individual Defendants, the Court has determined that Plaintiff must respond to the motions. The Parties shall contact each other to discuss the scheduling of their submissions, and shall send back a proposed schedule within ten days of this Order. (Signed by Judge Kenneth M. Karas on 4/14/2012) (mml)
April 5, 2012	Filing 447 AMENDED THIRD PARTY COMPLAINT amending #367 Third Party Complaint against Westport Insurance Corporation as successor-in-interest to North River Insurance Company, Westport Insurance Corporation as successor-in-interest to International Insurance Company, Underwriters at Lloyd's London, CX Reinsurance Company Limited as successor-in-interest to CNA International Reinsurance Company, CX Reinsurance Company Limited as successor-in-interest to CNA Reinsurance of London, Limited, Sphere Drake Insurance PLC, Illinois Union Insurance Company, United National Insurance Company, Travelers Indemnity Company as successor-in-interest to Gulf Insurance Company, American Motorists Insurance Company as successor-in-interest to American Protection Insurance Company, American Motorists Insurance Company as successor-in-interest to Specialty National Insurance Company, Harco National Insurance Company, American Zurich Insurance Company.Document filed by City of Peekskill. Related document: #367 Third Party Complaint filed by City of Peekskill.(ft) (Additional attachment(s) added on 4/9/2012: #1 First Amended 3rd party Complaint part 2) (ama).
April 5, 2012	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Vianny M. Pichardo for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #447 Amended Third Party Complaint to: caseopenings@nysd.uscourts.gov. (ft)
April 5, 2012	SUMMONS ISSUED as to American Motorist Insurance Company, American Zurich Insurance Company, CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Harco National Insurance Company, Illinois Union Insurance Company, Sphere Drake Insurance PLC, Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company), Under Writers at Lloyd's, London, United National Insurance Company, Westport Insurance Company(as a successor-in-interest to International Insurance Company), Westport Insurance Company(as successor-in-interest to North River Insurance Company ). (ft)
March 28, 2012	Filing 446 MOTION SCHEDULING ORDER: Third Party Plaintiff, the City of Peekskill, shall amend its Third Party Complaint by April 6, 2012. Third Party Defendants shall submit their motion to dismiss by April 20, 2012. Third Party Plaintiff shall submit their opposition papers by May 4, 2012. Third Party Defendants shall submit their reply in support of their motion by May 14, 2012. Sur-reply papers will not be accepted unless prior permission of the Court is given. Amended Pleadings due by 4/6/2012. Motions due by 4/20/2012. Responses due by 5/4/2012. Replies due by 5/14/2012. (Signed by Judge Kenneth M. Karas on 3/27/2012) (mml)
March 27, 2012	Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 3/27/2012. See scheduling order. (Court Reporter Mary Staten) (mml)
March 13, 2012	Filing 445 NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER: Kathryn E. Leone will no longer be employed by the Office of the Attorney General of the State of New York and, accordingly, hereby withdraws as counsel of record for non-party New York State Department of Health in the above referenced action and requests that her appearance herein be terminated. Any further appearance by the Office of the Attorney General of the State of New York on behalf of non-party New York State Department of Health is not necessary based on the procedural posture of the case. (Signed by Judge Kenneth M. Karas on 3/12/2012) (mml)
February 6, 2012	Filing 444 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 2/2/2012 re: Plaintiff will appear at the next conference prepared to discuss the Peekskill Defendants' motions and statements of facts, including which elements, if any, require a response from Plaintiff. ENDORSEMENT: The Court already has scheduled a conference for March 27, 2012, at 2pm. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/6/2012) (mml)
February 6, 2012	Filing 443 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Steven J. Pudell dated 1/12/2012 re: Peekskill continues to respectfully request that Your Honor deny each of the Insurance Companies' requests to file motions to dismiss Peekskill's viable demand for punitive damages and count III of Peekskill's Third Party Complaints. ENDORSEMENT: The Court will hold a pre-motion conference on March 27, 2012, at 2:00 to address all would-be motions related to Peekskill and its insurance claims. SO ORDERED. (Pre-Motion Conference set for 3/27/2012 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/3/2011) (mml)
January 11, 2012	Filing 442 NOTICE OF CHANGE OF ADDRESS by James A. Randazzo on behalf of Putnam County, Daniel Stephens. New Address: Gaines, Gruner, Ponzini & Novick, LLP, 11 Martine Avenue, 8th Floor, White Plains, New York, USA 10606, 914-288-9595. (Randazzo, James)
January 9, 2012	Filing 441 STIPULATION OF DISMISSAL WITH PREJUDICE: All claims against Illinois National with respect to the Illinois National Policy are dismissed with prejudice as against Third-Party Defendant Illinois National Insurance Company pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each undersigned party shall bear its own costs and attorneys' fees. (Signed by Judge Kenneth M. Karas on 1/9/2012) (mml)
January 9, 2012	Filing 440 STIPULATION OF DISMISSAL WITHOUT PREJUDICE: All claims against Markel with respect to the Markel Policies are dismissed without prejudice as against Third-Party Defendant Markel American Insurance Company pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii). Each undersigned party shall bear its own costs and attorneys' fees. (Signed by Judge Kenneth M. Karas on 1/9/2012) (mml)
January 6, 2012	Filing 439 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harco National Insurance Company.(Ford, Janet)
January 5, 2012	Filing 438 NOTICE OF APPEARANCE by Janet Patricia Ford on behalf of Harco National Insurance Company (Ford, Janet)
January 4, 2012	Filing 437 NOTICE OF APPEARANCE by Michael Buckley on behalf of American Motorist Insurance Company (Attachments: #1 Certificate of Service)(Buckley, Michael)
January 4, 2012	Filing 436 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lumbermens Mutual Casualty Company for American Motorist Insurance Company. Document filed by American Motorist Insurance Company.(Dixon, Karen)
January 4, 2012	Filing 435 NOTICE OF APPEARANCE by Karen M. Dixon on behalf of American Motorist Insurance Company (Dixon, Karen)
December 19, 2011	Filing 434 REPLY MEMORANDUM OF LAW in Support re: #428 PROPOSED MOTION for Summary Judgment.. Document filed by Daniel Stephens. (Delicate, Robert)
December 19, 2011	Filing 433 RULE 56.1 STATEMENT. Document filed by Daniel Stephens. (Delicate, Robert)
December 19, 2011	Filing 432 MEMORANDUM OF LAW in Opposition re: #428 PROPOSED MOTION for Summary Judgment.. Document filed by Jeffrey Deskovic. (Attachments: #1 Plaintiff's Statement of Additional Material Facts, #2 Plaintiff's Reply to Defendants' Statement of Material Facts, #3 Cockburn Declaration, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Exhibit 45, #49 Exhibit 46, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53, #57 Exhibit 54, #58 Exhibit 55, #59 Exhibit 56, #60 Exhibit 57, #61 Exhibit 58, #62 Exhibit 59, #63 Exhibit 60, #64 Exhibit 61, #65 Exhibit 62, #66 Exhibit 63, #67 Exhibit 64, #68 Exhibit 65, #69 Exhibit 66)(Cockburn, Chloe)
December 19, 2011	Filing 431 MEMORANDUM OF LAW in Support re: #428 PROPOSED MOTION for Summary Judgment.. Document filed by Daniel Stephens. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Delicate, Robert)
December 19, 2011	Filing 430 RULE 56.1 STATEMENT. Document filed by Daniel Stephens. (Delicate, Robert)
December 19, 2011	Filing 429 AFFIDAVIT of Robert Delicate in Support re: #428 PROPOSED MOTION for Summary Judgment.. Document filed by Daniel Stephens. (Delicate, Robert)
December 19, 2011	Filing 428 PROPOSED MOTION for Summary Judgment. Document filed by Daniel Stephens.(Delicate, Robert)
December 14, 2011	Filing 427 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Peter A. Meisels dated 12/13/2011 re: Counsel request that the stay of the proceedings against the Peekskill defendants provided in your order be continued until February 1, 2012. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/13/2011) (mml)
December 13, 2011	Filing 426 ORDER granting #423 Motion for Karen M. Dixon to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 12/12/2011) (mml)
December 7, 2011	Filing 425 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert Delicate dated 12/7/2011 re: Counsel for defendant, Dan Stephens and Putnam County would like to request a one (1) week extension of the due date for defendant's Reply Brief. Defense counsel, Ms. Cockburn and Mr. Brustin, counsel for plaintiff, Jeffrey Deskovic, consent to this adjournment. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/7/2011) (mml)
December 7, 2011	Set/Reset Deadlines: Reply Motion due by 12/19/2011. (mml)
December 6, 2011	Filing 424 STIPULATION OF DISMISSAL WITHOUT PREJUDICE: All claims against TIG with respect to the International Policy are dismissed without prejudice as against Third-Party Defendant TIG Insurance Company as successor-in-interest pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii). Each party shall bear its own costs and attorneys' fees. (Signed by Judge Kenneth M. Karas on 12/6/2011) (mml)
December 1, 2011	Filing 423 MOTION for Karen M. Dixon to Appear Pro Hac Vice. Fee Paid $200.00, Receipt No. 465407002059. Document filed by American Motorist Insurance Company. (mml)
November 29, 2011	Filing 422 SEALED DOCUMENT placed in vault. (mml)
November 21, 2011	Filing 421 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Meryl R. Lieberman dated 11/18/2011 re: Counsel for third party defendant writes to request permission to permit a representative of Markel American to be available by telephone during the mediation. ENDORSEMENT: The question of who should appear at the mediation is not one to be answered by the Court. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/21/2011) (mml)
November 17, 2011	Filing 420 ORDER granting #395 Motion for Bradley M. Klein to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 11/17/2011) (mml)
November 17, 2011	Filing 419 STIPULATION: The time for Third-Party Defendants Westport Insurance Corporation as successor-in-interest to North River Insurance Company and as a successor-in-interest to International Insurance Company; North River Insurance Company; TIG Insurance Company as a successor-in-interest to International Insurance Company; Underwriters at Lloyd's, London; CX Reinsurance Company Limited as successor-in-interest to CNA International Reinsurance Company and CNA Reinsurance of London, Limited; Sphere Drake Insurance PLC; Illinois Union Insurance Company; United National Insurance Company; Travelers Indemnity Company as successor-in-interest to Gulf Insurance Company; American Motorists Insurance Company as successor-in-interest to American Protection Insurance Company and Specialty National Insurance Company; Harco National Insurance Company; Illinois National Insurance Company; and, Markel American Insurance Company (collectively, the "Third-Party Defendants") to appear, and to move or answer in connection with the third-party complaints filed in the above captions actions, is extended to January 6, 2012. (Signed by Judge Kenneth M. Karas on 11/16/2011) (mml)
November 17, 2011	Filing 418 AMENDED ORDER re: (165 in 7:07-cv-09488-KMK, 368 in 7:07-cv-08150-KMK). Third-Party Defendants Westport Insurance Corporation as successor-in-interest to North River Insurance Company and as a successor-in-interest to International Insurance Company; North River Insurance Company; TIG Insurance Company as a successor-in-interest to International Insurance Company; Underwriters at Lloyd's, London; CX Reinsurance Company Limited as successor-in-interest to CNA International Reinsurance Company and CNA Reinsurance of London, Limited; Sphere Drake Insurance PLC; Illinois Union Insurance Company; United National Insurance Company; Travelers Indemnity Company as successor-in-interest to Gulf Insurance Company; American Motorists Insurance Company as successor-in-interest to American Protection Insurance Company and Specialty National Insurance Company; Harco National Insurance Company; Illinois National Insurance Company; and, Markel American Insurance Company (collectively, the "Third-Party Defendants") shall be represented in person at a mediation to take place at a mutually agreed upon date by the parties, by representatives having full authority to resolve any and all claims and issues. Counsel for Defendants shall immediately notify the above-named Third-Party Defendants of the entry of this Amended Order. (Signed by Judge Kenneth M. Karas on 11/7/2011) (mml)
November 7, 2011	Filing 417 STIPULATION: The time for Third-Party Defendants to appear, and to move or answer in connection with the third-party complaints is extended to January 6, 2012. American Motorist Insurance Company answer due 1/6/2012; CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company) answer due 1/6/2012; CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited) answer due 1/6/2012; Harco National Insurance Company answer due 1/6/2012; Illinois National Insurance Company answer due 1/6/2012; Illinois Union Insurance Company answer due 1/6/2012; Markel American Insurance Company answer due 1/6/2012; North River Insurance Company answer due 1/6/2012; Sphere Drake Insurance PLC answer due 1/6/2012; TIG Insurance Company(as a successor -in-interest to International Insurance Company) answer due 1/6/2012; Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company) answer due 1/6/2012; Under Writers at Lloyd's, London answer due 1/6/2012; United National Insurance Company answer due 1/6/2012; Westport Insurance Company(as a successor-in-interest to International Insurance Company) answer due 1/6/2012; Westport Insurance Company(as successor-in-interest to North River Insurance Company ) answer due 1/6/2012. (Signed by Judge Kenneth M. Karas on 11/7/2011) (mml)
November 7, 2011	Filing 416 NOTICE OF APPEARANCE by Marianne Gaul May on behalf of Illinois Union Insurance Company (May, Marianne)
November 4, 2011	Filing 415 ORDER granting #414 Motion for Darcy L. Ibach to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 11/4/2011) (rj)
November 1, 2011	Filing 414 MOTION for Darcy L. Ibach to Appear Pro Hac Vice.$200.00 Fee Paid, Receipt# 465407001842. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company), Westport Insurance Company(as successor-in-interest to North River Insurance Company ).(rj)
October 27, 2011	Filing 413 NOTICE OF APPEARANCE by Steven J. Pudell on behalf of City of Peekskill (Pudell, Steven)
October 27, 2011	Filing 412 NOTICE OF APPEARANCE by Vianny Maria Pichardo on behalf of City of Peekskill (Pichardo, Vianny)
October 26, 2011	Filing 411 ORDER FOR ADMISSION OF CATALINA J. SUGAYAN PRO HAC VICE ON WRITTEN MOTION, granting #406 Motion for Catalina J. Sugayan to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/26/2011) (lnl)
October 26, 2011	Filing 410 ORDER FOR ADMISSION OF DAVID M. DOLENDI PRO HAC VICE ONWRITTEN MOTION, granting #405 Motion for David M. Dolendi to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/26/2011) (lnl)
October 26, 2011	Filing 409 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin, dated 10/25/2011, re: Counsel for the plaintiff writes to request a one-week extension of the due date for Plaintiff's Opposition to Defendant Stephens and Putnam County's motion for summary judgment. Counsel for Linda McGarr also joins in this request. Defense counsel Mr. Gelardi and Mr. Delicate have consented to the extension, on the understanding that the time for their reply would also be extended. Under the new schedule, Plaintiff's motion will be due November 7, and Defendants' motion will be due December 12. ENDORSEMENT: Granted. So Ordered. (Plaintiff's Motion due 11/7/2011. Defendants' Motion due by 12/12/2011.) (Signed by Judge Kenneth M. Karas on 10/26/2011) (lnl)
October 26, 2011	Filing 408 AMENDED ORDER STAYING PROCEEDINGS AGAINST THE PEEKSKILL DEFENDANTS PENDING MEDIATION: The above-captioned actions are hereby stayed as against Defendants Peekskill, Levine, McIntyre and Tumolo until December 15, 2011. At the end of the stay, Plaintiffs shall inform the Court of the result of the mediation, and, if it was not successful, the Court will schedule a conference to address the timing of Plaintiffs' oppositions to the motions for summary judgment filed by Defendants Peekskill, Levine, McIntyre and Tumolo, as well as the replies in further support of said motions. (Signed by Judge Kenneth M. Karas on 10/26/2011) (lnl)
October 26, 2011	Filing 407 ORDER FOR ADMISSION PRO HAC VICE, granting #400 Motion for Patrick T. Walsh to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/25/2011) (lnl)
October 25, 2011	Filing 404 CERTIFICATE OF SERVICE of Rule 7.1 Disclosure Statement served on All Parties on October 25, 2011. Service was made by Mail. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Nashban, Stephanie)
October 25, 2011	Filing 403 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company).(Nashban, Stephanie)
October 25, 2011	CASHIERS OFFICE REMARK on #400 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 10/21/2011, Receipt Number 1019813. (jd)
October 24, 2011	Filing 402 CERTIFICATE OF SERVICE of Notice of Appearance served on All Parties on October 24, 2011. Service was made by Mail. Document filed by Westport Insurance Company(as a successor-in-interest to International Insurance Company). (Nashban, Stephanie)
October 24, 2011	Filing 401 NOTICE OF APPEARANCE by Stephanie Alix Nashban on behalf of Westport Insurance Company(as a successor-in-interest to International Insurance Company) (Nashban, Stephanie)
October 21, 2011	Filing 400 MOTION for Patrick T. Walsh to Appear Pro Hac Vice. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, United National Insurance Company.(pgu)
October 21, 2011	Filing 399 AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,,,,. Document filed by City of Peekskill. (Pichardo, Vianny)
October 21, 2011	Filing 398 AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,,,,. Document filed by City of Peekskill. (Pichardo, Vianny)
October 21, 2011	Filing 397 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Please see attached corporate disclosures for CX Reinsurance Company Limited, CX Reinsurance Company Limited, CX Reinsurance Company Limited, CX Reinsurance Company Limited, Sphere Drake Insurance PLC, Sphere Drake Insurance PLC, United National Insurance Company, United National Insurance Company. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, United National Insurance Company.(Anderson, Matthew)
October 21, 2011	CASHIERS OFFICE REMARK on #395 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 10/20/2011, Receipt Number 1019717. (jd)
October 20, 2011	Filing 396 NOTICE OF APPEARANCE by Matthew B. Anderson on behalf of CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Sphere Drake Insurance PLC, Under Writers at Lloyd's, London, United National Insurance Company (Anderson, Matthew)
October 20, 2011	Filing 395 MOTION for Bradley M. Klein to Appear Pro Hac Vice. Document filed by CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), City of Peekskill, Sphere Drake Insurance PLC, United National Insurance Company.(bcu) (pgu).
October 19, 2011	Filing 406 MOTION for Catalina J. Sugayan to Appear Pro Hac Vice. Document filed by United National Insurance Company. (lnl)
October 19, 2011	Filing 405 MOTION for David M. Dolendi to Appear Pro Hac Vice. Document filed by United National Insurance Company. (lnl)
October 19, 2011	Filing 394 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company).(Martin, Thomas)
October 19, 2011	Filing 393 AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,,,,. Document filed by City of Peekskill. (Pichardo, Vianny)
October 19, 2011	Filing 392 AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,,,,. Document filed by City of Peekskill. (Pichardo, Vianny)
October 19, 2011	Filing 391 AFFIDAVIT OF SERVICE of Summons and Third Party Complaint,,,,. Document filed by City of Peekskill. (Pichardo, Vianny)
October 18, 2011	Filing 390 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American Insurance Service Inc for United National Insurance Company. Document filed by United National Insurance Company.(Moon, Jessika)
October 18, 2011	Filing 389 NOTICE OF APPEARANCE by Jessika Joora Moon on behalf of United National Insurance Company (Moon, Jessika)
October 17, 2011	Filing 388 NOTICE OF APPEARANCE by Thomas Alan Martin on behalf of Travelers Indemnity Company(as successor-in-interest to Gulf Insurance Company) (Martin, Thomas)
October 7, 2011	Filing 387 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 386 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 385 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 384 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 383 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 382 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 381 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 380 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 379 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 378 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 377 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 376 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 375 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 374 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 7, 2011	Filing 373 AFFIDAVIT OF SERVICE. Document filed by City of Peekskill. (Pichardo, Vianny)
October 5, 2011	Filing 372 STIPULATION PURSUANT TO FRCP 41 DISCONTINUING PLAINTIFF'S ACTION AND DEFENDANTS' CROSS-CLAIMS WITH PREJUDICE AGAINST DEFENDANTS WESTCHESTER COUNTY, LOUIS ROH AND MILLARD HYLAND ONLY: It is hereby stipulated pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii), by and between the undersigned, the attorneys of record for plaintiff Jeffrey Deskovic and the defendants City pf Peekskill, Putnam County, Westchester County, David Levine, Thomas McIntyre, Walter Brovarski, Eugene Tumolo, Daniel Stephens, Louis Roh and Millard Hyland, that whereas no party hereto is an infant or incompetent person for whom a committee or conservatee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action including all cross claims assert by the defendants be, and the same hereby is discontinued with prejudice as to the settling defendants Westchester County, Louis Roh and Millard Hyland only, without costs to the settling parties as against the others. All cross claims asserted by the settling defendants Westchester County, Louis Roh and Millard Hyland are discontinued with prejudice. (Signed by Judge Kenneth M. Karas on 10/5/2011) (rj)
October 3, 2011	Filing 371 ORDER granting #369 Motion for Stephen Wellinghorst to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/3/2011) (mml)
September 28, 2011	Filing 370 STIPULATION: Plaintiffs hereby discontinue with prejudice all claims against defendant Walter Brovarski arising from the allegations set forth in plaintiff Deskovic's Third Amended Complaint and plaintiff McGarr's Second Amended Complaint. (Signed by Judge Kenneth M. Karas on 9/28/2011) (mml)
September 20, 2011	Filing 368 ORDER: IT IS THEREFORE ORDERED that Plaintiffs Jeffrey Deskovic and Linda McGarr, Defendants City of Peekskill, David Levine, Thomas McIntyre and Eugene Tumolo, and Third-Party Defendants Gulf Insurance Company (Travelers Indemnity Company); Harco National Insurance Company (IAT Reinsurance Company Ltd.); Illinois Union Insurance Company (ACE USA); American Protection Insurance Company/American Motorist Insurance Company (Kemper); National Union Fire Insurance Company of Pittsburgh, PA (AIG); North River Insurance Company; Underwriters at Lloyd's London; United National Insurance Company; CNA Reinsurance of London, Ltd., shall be represented in person at a mediation to take place at a mutually agreed upon date by the parties, by representatives having full authority to resolve any and all claims and issues. IT IS FURTHER ORDERED that counsel for Defendants shall immediately notify the above-named Third-Party Defendants of the entry of this Order. IT IS FURTHER ORDERED that the above-captioned actions are hereby stayed as against Defendants Peekskill, Levine, McIntyre and Tumolo pending the outcome of the mediation or for a period of two months from the date of this Order, whichever event shall occur first. At the end of the stay, Plaintiffs shall infom the Court of the result of the mediation, and, if it was not successful, the Court will schedule a conference to address the timing of Plaintiffs' oppositions to the motions for summary judgment filed by Defendants Peekskill, Levine, McIntyre and Tumolo, as well as Defendants' replies. (Signed by Judge Kenneth M. Karas on 9/19/2011) (rj)
September 19, 2011	Filing 369 MOTION for Stephen Wellinghorst to Appear Pro Hac Vice. Document filed by Putnam County, Daniel Stephens. $200.00 fee paid. Receipt # 465407001534.(fk)
September 9, 2011	Filing 367 THIRD PARTY COMPLAINT against American Motorist Insurance Company, CX Reinsurance Company Limited(as successor-in-interest to CNA International Reinsurance Company), CX Reinsurance Company Limited(as successor-in-interest to CNA Reinsurance of London, Limited), Harco National Insurance Company, Illinois National Insurance Company, Illinois Union Insurance Company, Markel American Insurance Company, North River Insurance Company, Sphere Drake Insurance PLC, TIG Insurance Company, Travelers Indemnity Company, Under Writers at Lloyd's, London, United National Insurance Company, Westport Insurance Company(as a successor-in-interest to International Insurance Company), Westport Insurance Company(as successor-in-interest to North River Insurance Company ).Document filed by City of Peekskill. (Attachments: #1 part 2)(rj) (Main Document 367 replaced on 9/20/2011) (rj). (Attachment 1 replaced on 9/20/2011) (rj). (Additional attachment(s) added on 9/20/2011: #2 Exhibit B Part 1, #3 Exhibit B part 2) (rj).
September 9, 2011	Filing 366 STIPULATION:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties, that Plaintiff JEFFREY DESKOVIC hereby discontinues with prejudice all claims against defendant EUGENE TUMOLO arising from the allegations set forth in Plaintiff DESKOVIC's Third Amended Complaint except for COUNT VI, Supervisory Liability, and COUNT VII, Failure to Intercede. (Signed by Judge Kenneth M. Karas on 9/8/2011) (rj)
September 6, 2011	Filing 365 STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned Counsel for the respective parties, that in exchange for the agreement by defendants City or Peekskill, David Levine, Thomas McIntyre and Eugene Tumolo not to raise any objections or defenses based on lack of notice with respect to plaintiff's respondeat superior claim for malicious prosecution, plaintiff Jeffrey Deskovic hereby discontinues with prejudice all of his state law claims against all of the defendants except for his claim for malicious prosecution against the City of Peekskill, through the doctrine of respondeat superior. (Signed by Judge Kenneth M. Karas on 9/5/2011) (rj)
September 6, 2011	Filing 364 STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties, that plaintiff Jeffrey Deskovic hereby discontinues with prejudice his Monell claims, as set forth in his Third Amended Complaint, against defendant City of Peekskill. (Signed by Judge Kenneth M. Karas on 9/5/2011) (rj)
September 6, 2011	Filing 363 STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the respective parties, that in exchange for the City of Peekskill's (the "City") promise and resolution to indemnify David Levine, Thomas McIntyrre, Walter Brovarski and Eugene Tumolo (the "Peekskill Individual Defendants") for any compensatory damages and attorney fees and costs awarded against them should plaintiffs succeed against them in these actions, that plaintiffs hereby discontinue with prejudice all claims for punitive damages against the Peekskill Individual Defendants arising from the allegations set forth in Jeffrey Deskovic's Third Amended Complaint and Linda McGarr's Second Amended Complaint. The plaintiffs agree that this stipulation shall not constitute a waiver of any defenses, including apportionment, that the City and/or the Peekskill Individual Defendants may have to plaintiffs' claims, including their claims for attorneys' fees. (Signed by Judge Kenneth M. Karas on 9/5/2011) (rj)
September 2, 2011	Filing 362 NOTICE OF APPEARANCE by Raymond A. Mascia on behalf of City of Peekskill (Mascia, Raymond)
August 29, 2011	Filing 361 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 8/19/2011 re: It is for this reason that Plaintiff respectfully requests that the Court consider deviating from its usual practice ofrequiring a pre-motion conference. In the alternative, Plaintiff respectfully requests the Court consider a conference at the Court's earliest convenience to address this issue.. ENDORSEMENT: In light of the Parties' concurrence, the Court grants the request of the City of Peekskill to implead the liability insurance companies. Peekskill is to do this by September 9, 2011. (Signed by Judge Kenneth M. Karas on 8/24/2011) (fk)
August 16, 2011	Filing 360 NOTICE OF APPEARANCE by William Gorman Passannante on behalf of City of Peekskill (Passannante, William)
August 11, 2011	Filing 359 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Peter A. Meisels, dated 8/10/2011, re: Counsel for the City of Peekskill, retired Police Officer Walter Brovarski and retired Detectives Thomas McIntyre and David Levine writes to request a clarification of the August 10, 2011 memo endorsement of their August 8, 2011 letter that the Peekskill Defendants have until August 25, 2011 to serve their motion for summary judgment including the Rule 56.1 statement. ENDORSEMENT: All deadlines for the Peekskill defendants are moved only 1 week. So Ordered. (Signed by Judge Kenneth M. Karas on 8/10/2011) (lnl)
August 10, 2011	Filing 358 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Peter A. Meisels dated 8/8/2011 re: Counsel requests that the time for the Peekskill defendants to serve their Rule 56.1 Statement presently scheduled for August 11, and the time to serve their Memorandum of Law, presently scheduled for August 18, be extended by two weeks. ENDORSEMENT: Peekskill Defendants are given until August 25 to serve their Memo of Law. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/10/2011) (mml)
July 26, 2011	Filing 357 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 7/22/2011 re: In their July 6,2011, letter which responds to Plaintiff's August 13,2011, pre motion letter, the Peekskill Defendants concede that their cross claims for contribution and indemnification against the Legal Aid Defendants should be dismissed- precisely the result Plaintiff sought in his letter. Thus, Plaintiff agrees there is no need for briefing on this issue. ENDORSEMENT: The Clerk is respectfully requested to docket this letter. (Signed by Judge Kenneth M. Karas on 7/26/2011) (rj)
July 11, 2011	Filing 356 ENDORSED LETTER addressed to Judge Kenneth M. Karas from John M. Flannery, dated 7/6/2011, re: Counsel for the City of Peekskill, David Levine, Thomas McIntyre and Walter Brovarski (collectively, the "Peekskill Defendants") writes: This letter is respectfully submitted in response to the letter from the Plaintiff Deskovic's ("Plaintiff") counsel dated April 13, 2011 which sought clarification from the Court that the "Defendants may not assert cross-claims for contribution against Plaintiff's criminal defense attorneys. In the alternative, Plaintiff seeks to file partial summary judgment to dismiss those cross-claims." The Peekskill defendants, while reserving the right to seek an apportionment of fault against Peter Insero or the Legal Aid Society of Westchester County (the "Legal Aid Defendants") at the time of trial, agree with the Plaintiff that the cross-claims presently asserted against the Legal Aid Defendants are subject to dismissal by operation of law. ENDORSEMENT: Plaintiffs may respond to this letter by July 22, 2011. So Ordered. (Signed by Judge Kenneth M. Karas on 7/8/2011) (lnl)
June 27, 2011	CASE NO LONGER REFERRED to Magistrate Judge George A. Yanthis. (lnl)
June 27, 2011	MEMORANDUM TO THE DOCKET CLERK: Reference concluded. KMK issued summary judgment motion schedule. (lnl)
June 23, 2011	Filing 355 MOTION SCHEDULING ORDER: Defendant Eugene Tumolo and Defendants County of Putnam and Daniel Stephens shall serve their motions for summary judgment upon all counsel by no later than August 5, 2011. Defendants City of Peekskill, David Levine, and Thomas McIntyre shall serve their 56.1 statement upon all counsel by no later than August 11, 2011, and their motion for summary judgment upon all counsel by no later than August 18, 2011. Plaintiffs shall serve opposition papers upon all counsel by no later than October 31, 2011. Reply papers shall be served upon all counsel by no later than five weeks after the date on which Plaintiffs serve their opposition papers. Sur-reply papers will not be accepted unless prior permission of the Court is given. Counsel for Defendants City of Peekskill, David Levine, and Thomas McIntyre will submit to the Court any response to Plaintiffs letter regarding potential cross-claims by July 7, 2011. (Signed by Judge Kenneth M. Karas on 6/23/2011) (mml)
June 1, 2011	Filing 354 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/9/2011 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)
June 1, 2011	Filing 353 TRANSCRIPT of Proceedings re: Conference held on 5/9/2011 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 6/27/2011. Redacted Transcript Deadline set for 7/8/2011. Release of Transcript Restriction set for 9/2/2011.(McGuirk, Kelly)
May 27, 2011	Minute Entry for proceedings held before Judge Kenneth M. Karas:The Court held a telephone conference to discuss the deposition of Defendant Thomas McIntyre. Plaintiff's request to depose Defendant McIntyre for eight hours is granted. The deposition is to be completed by the next status conference, which is scheduled for June 23,2011. Status Conference held on 5/27/2011, Deposition due by 6/23/2011. (Court Reporter Christina Arends Dieck) (rj)
May 24, 2011	Filing 352 TRANSCRIPT of Proceedings re: Argument on Appeal of USMJ Decision to a USDJ held on 3/1/2011 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. (fk)
May 11, 2011	Filing 351 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 5/9/2011 re: Request for an adjournment of the pre-motion conference currently set for 6/21/2011. ENDORSEMENT: The 6/21/2011 conference is moved to 6/23/2011 at 11:00 am. So Ordered. (Signed by Judge Kenneth M. Karas on 5/10/2011) (fk)
May 11, 2011	Set/Reset Hearings: Pre-Motion Conference set for 6/23/2011 at 11:00 AM before Judge Kenneth M. Karas. (fk)
May 10, 2011	Filing 350 NOTICE OF APPEARANCE by John Martin Flannery on behalf of Walter Brovarski, City of Peekskill, David Levine, Thomas Mcintyre (Flannery, John)
May 10, 2011	Filing 349 NOTICE OF APPEARANCE by Peter Alexander Meisels on behalf of Walter Brovarski, City of Peekskill, David Levine, Thomas Mcintyre (Meisels, Peter)
May 9, 2011	Filing 348 NOTICE OF SUBSTITUTION OF COUNSEL FOR CITY OF PEEKSKILL, that defendants City of Peekskill and Eugene Tumolo (insofar as he is sued in his offrcial capacity only) hereby consent that WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP be substituted as their attorneys of record in the above-captioned actions in place and instead of SOKOLOFF STERN LLP, 355 Post Avenue, Suite 201, Westbury, NY 11590 (516) 334-4500. SO ORDERED. Attorney Brian S. Sokoloff terminated. (Signed by Judge Kenneth M. Karas on 5/9/2011) (lnl)
May 9, 2011	Filing 347 NOTICE OF SUBSTITUTION OF COUNSEL FOR DAVID LEVINE, that defendant David Levine hereby consents that WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP be substituted as his attorneys of record in the above-captioned actions in place and instead of SOKOLOFF STERN LLP, 355 Post Avenue, Suite 201, Westbury, NY 11590 (516) 334-4500. All notices and papers directed to David Levine in these actions should henceforth be served upon: WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP, 3 Gannett Drive, White Plains, NY 10604. Tel: (914) 323-7000, Fax: (914) 323-7001. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/9/2011) (lnl)
May 9, 2011	Filing 346 NOTICE OF SUBSTITUTION OF COUNSEL FOR WALTER BROVARSKI, that defendant Walter Brovarski hereby consents that WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP be substituted as his attorneys of record in the above-captioned actions in place and instead of SOKOLOFF STERN LLP, 355 Post Avenue, Suite 201, Westbury, NY 11590 (516) 334-4500. All notices and papers directed to David Levine in these actions should henceforth be served upon: WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP, 3 Gannett Drive, White Plains, NY 10604. Tel: (914) 323-7000, Fax: (914) 323-7001. SO ORDERED. Attorney Brian S. Sokoloff terminated. (Signed by Judge Kenneth M. Karas on 5/9/2011) (lnl)
May 9, 2011	Filing 345 NOTICE OF SUBSTITUTION OF COUNSEL FOR THOMAS MCINTYRE, that defendant Thomas McIntyre hereby consents that WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP be substituted as his attorneys of record in the above-captioned actions in place and instead of SOKOLOFF STERN LLP, 355 Post Avenue, Suite 201, Westbury, NY 11590 (516) 334-4500. All notices and papers directed to David Levine in these actions should henceforth be served upon: WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP, 3 Gannett Drive, White Plains, NY 10604. Tel: (914) 323-7000, Fax: (914) 323-7001. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/9/2011) (lnl)
May 9, 2011	Filing 344 ORDER: The Court held a conference on May 9, 2011. The pre-motion conference scheduled for May 17, 2011 is adjourned to June 21, 2011, at 10 A.M. If motions are to be filed, the Court will set a new motion scheduling order at that conference. The Stipulation and Proposed Revised Scheduling Order, dated March 18, 2011 (Dkt. No. #334 ), is vacated. The deposition of Defendant Thomas McIntyre should be completed enough in advance of the June 21, 2011 conference so that it can be discussed at the conference if necessary. Any new pre-motion letters shall be submitted to the Court by June 7, 2011, and any new responses shall be submitted by June 14, 2011. SO ORDERED. (Pre-Motion Conference set for 6/21/2011 at 10:00 AM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 5/9/2011) The Clerks Office Shall Mail Copies (lnl)
May 6, 2011	Filing 343 NOTICE of Substitution of Attorney. Old Attorney: Sokoloff Stern, LLP, New Attorney: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Address: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 3 Gannett Drive, White Plains, NY, USA 10604, 914-323-7000. Document filed by David Levine. (Loomba, Lalit)
May 4, 2011	Filing 342 NOTICE of Substitution of Attorney. Old Attorney: Sokoloff Stern, LLP, New Attorney: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Address: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 3 Gannett Drive, White Plains, NY, USA 10604, 914-323-7000. Document filed by Thomas McIntyre, Thomas Mcintyre. (Loomba, Lalit)
April 28, 2011	Filing 341 NOTICE of Substitution of Attorney. Old Attorney: Sokoloff Stern, LLP, New Attorney: Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Address: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 3 Gannett Drive, White Plains, NY, USA 10604, 914-323-7000. Document filed by Walter Brovarski, Walter Brovarsky. (Loomba, Lalit)
April 26, 2011	Filing 340 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 4/21/2011 re: I write to inform you that Brian Sokoloff and the firm of Sokoloff Stern no longer represent Defendants the City of Peekskill, Detective McIntyre, and Detective Levine. They are now represented by the firm of Wilson Elser. Plaintiff learned of this change yesterday morning, while en route to the continued deposition of Defendant McIntyre. The deposition was reluctantly postponed. Given the timing of the change in counsel and the fact that your Honor has retained jurisdiction over the McIntyre deposition, we respectfully request a conference with this Court as opposed to the Magistrate. Plaintiff requests permission to coordinate a date with the Court's clerk on which the Court and all parties are available. ENDORSEMENT: The Court will hold a conference with Plaintiff's counsel and newly-retained counsel on April 29, 2011, at 10:30. SO ORDERED. Attorney Leo Dorfman and Brian S. Sokoloff terminated. (Conference set for 4/29/2011 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/25/2011) (mml)
April 25, 2011	Filing 339 NOTICE OF APPEARANCE by Lalit Kumar Loomba on behalf of City of Peekskill (Loomba, Lalit)
April 25, 2011	Filing 338 NOTICE of Substitution of Attorney. Old Attorney: Sokoloff Stern LLP, New Attorney: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Address: Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 3 Gannett Drive, White Plains, New York, USA 10604, (914) 323-7000. Document filed by City of Peekskill. (Loomba, Lalit)
April 18, 2011	Filing 337 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Nick Brustin dated 4/14/2011 re: Plaintiff respectfully requests that the Court permit Plaintiff to file a single 10-page response to the three pre motion letters file yesterday on behalf of Defendants, in lieu of three page responses. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/18/2011) (rj)
April 5, 2011	Filing 336 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert Delicate dated 3/30/2011 re: Recently I moved to a new law firm which will now be handling this matter. I was advised by the Southern District Clerk's Office that in order to update the ECF System I had to first advise you of this change. I would appreciate it if you would forward this letter to the Clerk's office so they can approve this change. I would appreciate it if you would forward this letter to the Clerk's Office so they can approve this change. The new email address that should be used for all future correspondence is rdelicate@harwoodlloyd.com. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/4/2011) (rj)
April 5, 2011	Filing 335 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Robert Delicate dated 3/30/2011 re: Please be advised that I represent Dan Stephens and Putnam County in the above reference matter. Previously, the firm that had represented Mr. Stephen and Putnam County was Wellinghorst and Fronzuto in Woodland Park, NJ. I have recently changed firms from Wellinghorst and Fronzuto to Harwood Lloyd, LLC, in Hackensack, New Jersey.Please accept this letter in lieu of a more formal application of a substitution of attorney. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/4/2011) (rj)
March 18, 2011	Filing 334 STIPULATION AND PROPOSED REVISED SCHEDULING ORDER; It is hereby stipulated and agreed among the parties in the above captioned action that the discovery deadlines in the above captioned cases shall be modified as follows, Deadline for Pre motion summary judgment letters; April 13,20111, Deadline for pre motion summary judgment letter responses; April 13,2011, Pre motion conference; May 17,2011 at 11:00, Deadline for Plaintiffs' liability experts; May 9,2011, Deadline summary judgment motion; June 3,2011, Deadline Summary Judgment motion responses; September 2,2011, Deadline for summary judgment motion replies; September 30,2011. Deadlines for all remaining expert and damage discovery to be scheduled as necessary following summary judgment decisions. (Signed by Judge Kenneth M. Karas on 3/18/2011) (rj)
March 18, 2011	Set/Reset Deadlines: Motions due by 6/3/2011. Responses due by 9/2/2011 Replies due by 9/30/2011. (rj)
March 18, 2011	Set/Reset Hearings: Pre-Motion Conference set for 5/17/2011 at 11:00 AM before Judge Kenneth M. Karas. (rj)
March 10, 2011	Filing 333 STIPULATION AND ORDER:Attorneys for all parties stipulate that the following facts could be proven by documents and testimony of witnesses, and therefore agree that no proof of these facts is necessary. 1. A March 26, 1990 report by the Federal Bureau of Investigation concluded that the DNA test conducted on the semen found in the body of A.C. at the crime scene on November 17, 1989, excluded Jeffrey Deskovic as the donor of the semen; 2. The parties agree that this proves that the semen found in the body of A.C. at the crime scene did not come from Jeffrey Deskovic. 3. On September 13,2006, the Westchester County Department of Laboratories and Research matched the DNA profile of semen found in the body of the victim A.C. at the crime scene on November 17,1989, to that of Steven Cunningham, whose DNA profile was stored in the New York State DNA Index System database; 4. On January 18,2007, the Westchester County Department of Laboratories and Research concluded that the semen in A.C.'s body at the crime scene came from Steven Cunningham, after testing a DNA sample taken directly from Mr. Cunningham;5. The parties agree this proves that the semen found in the body of A.C. at the crime scene came from Steven Cunningham,6. Steven Cunningham is a 50 year old African-American man. 7. On September 18,2006, Steven Cunningham confessed to raping and murdering A.C. on November 15,1989; 8. At the time of his confession, Steven Cunningham was already serving a sentence of 20 years to life for murdering Patricia Morrison on April 22, 1993; 9. Steven Cunningham was prosecuted by the Westchester County DistrictAttorney's Office for the rape and murder of A.C; 10. On September 18,2006 Steven Cunningham testified under oath that he committed the crime against A.C. alone;11. On September 21,2006 Steven Cunningham testified under oath that he had never met nor had any contact with Jeffrey Deskovic; 12. Steven Cunningham pled guilty to the rape and murder of A.C. on March 14, 2007;13. For the rape and murder of A.C., Steven Cunningham was sentenced to 20 years to life to be served consecutively with his current sentence. (Signed by Judge Kenneth M. Karas on 3/10/2011) (rj)
March 2, 2011	Filing 332 ORDER:For the reasons stated on the record at the hearing held before the Court on March 1,2011, it is hereby ORDERED that the deposition of Defendant Thomas McIntyre should proceed. SO ORDERED (Signed by Judge Kenneth M. Karas on 3/1/2011) (rj)
February 22, 2011	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Pretrial Conference held on 2/22/2011. PTC held. No next date with J. Yanthis (rj)
February 2, 2011	Filing 331 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for a hearing regarding discovery objections before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, March 1, 2011 at 2:00 p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. Conference set for 3/1/2011 at 02:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 2/1/2011) (mml)
December 14, 2010	Filing 330 STIPULATION AND ORDER OF WITHDRAWAL WITH PREJUDICE OF ALL CLAIMS BY PLAINTIFF JEFFREY DESKOVIC AGAINST THE LEGAL AID SOCIETY OF WESTCHESTER COUNTY AND PETER INSERO: IT IS HEREBY AGREED by and between counsel for the parties hereto that the plaintiff consents to the withdrawal with prejudice of any and all claims asserted against defendants The Legal Aid Society of Westchester County and Peter Insero and consents to the entry by the Clerk of the Court of an order deleting said defendants from the caption of these proceedings. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/13/2010) (mml)
December 14, 2010	Filing 329 STIPULATION AND ORDER DISCONTINUING PLAINTIFF'S ACTION WITH PREJUDICE AGAINST DEFENDANTS THE LEGAL AID SOCIETY OF WESTCHESTER COUNTY AND PETER INSERO....with prejudice... without costs. (Signed by Judge Kenneth M. Karas on 12/13/2010) (jma)
December 14, 2010	Filing 328 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Kenneth M. Karas on 12/13/2010) (jma)
October 12, 2010	Filing 327 STIPULATION AND REVISED SCHEDULING ORDER: It is hereby stipulated and agreed among the parties in the above-captioned action that the discovery deadlines in the above-captioned cases shall be modified as follows: Deadline for Completion of Depositions: February 7, 2011. Deadline for Service of Requests to Admit: February 17, 2011. Deadline for Service of Interrogatories: January 31, 2011. Close of Fact Discovery: February 28, 2011. Deadline for Plaintiffs' Expert Reprts: March 24, 2011. Deadline for Defendants' Expert Reports: June 24, 2011. Deadline for Expert Depositions: August 2011. Case Management Conference set for 2/22/2011 at 09:30 AM before Magistrate Judge George A. Yanthis. (Signed by Magistrate Judge George A. Yanthis on 10/12/10) (fk)
October 12, 2010	Filing 326 ORDER granting #321 Motion to Withdraw as Attorney. Attorney Jennifer Elizabeth Laurin terminated. (Signed by Magistrate Judge George A. Yanthis on 10/12/10) (fk)
October 12, 2010	Filing 325 ORDER granting #320 Motion to Withdraw as Attorney. Attorney Sarah Alison Crowley terminated. (Signed by Magistrate Judge George A. Yanthis on 10/12/10) (fk)
October 12, 2010	Filing 324 ENDORSED LETTER addressed to Dear Judge Karas from Nick Brustin dated 09/7/2010 re:...request that the Court amend the Dec. 5, 2008 court ordered stipulation and protective order........ ENDORSEMENT: Application to amend the protective order is granted.. (Signed by Judge Kenneth M. Karas on 10/8/2010) (jma)
October 5, 2010	Filing 323 Objection to Magistrate's Discovery Rulings. Document filed by Jeffrey Deskovic. (Hoffmann, Anna)
October 4, 2010	Filing 322 ANSWER to Amended Complaint. Document filed by Westchester County.(Kahan, Stuart)
October 4, 2010	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Sarah Crowley to RE-FILE Document #311 MOTION for Discovery : Objections to Magistrate's Discovery Rulings.. Use the event type OBJECTION (non-motion) found under the event list OTHER ANSWERS. (fk)
September 30, 2010	Filing 321 MOTION for Jennifer Laurin to Withdraw as Attorney. Document filed by Jeffrey Deskovic.(Laurin, Jennifer)
September 30, 2010	Filing 320 MOTION for Sarah Crowley to Withdraw as Attorney. Document filed by Jeffrey Deskovic.(Crowley, Sarah)
September 27, 2010	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Dispute Resolved.Discovery Hearing held on 9/27/2010. (rj)
September 17, 2010	Filing 319 NOTICE OF APPEARANCE by Chloe Francis Cockburn on behalf of Jeffrey Deskovic (Cockburn, Chloe)
August 12, 2010	Filing 318 REPLY MEMORANDUM OF LAW in Support re: #311 MOTION for Discovery : Objections to Magistrate's Discovery Rulings.. Document filed by Jeffrey Deskovic. (Crowley, Sarah)
August 9, 2010	Filing 317 NOTICE OF APPEARANCE by Anna Benvenutti Hoffmann on behalf of Jeffrey Deskovic (Hoffmann, Anna)
July 26, 2010	Filing 316 MEMORANDUM OF LAW in Opposition re: #311 MOTION for Discovery : Objections to Magistrate's Discovery Rulings.. Document filed by Walter Brovarski, City of Peekskill, David Levine, Thomas Mcintyre. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E (1 of 2), #6 Exhibit Ex. E (2 of 2), #7 Exhibit Ex. F, #8 Exhibit Ex. G)(Dorfman, Leo)
July 19, 2010	Filing 315 STIPULATION AND PROPOSED REVISED SCHEDULING ORDER: Deposition due by 12/6/2010, Discovery due by 12/27/2010, Interrogatories due by 11/29/2010. Case Management Conference set for 12/20/2010 at 10:00 AM before Magistrate Judge George A. Yanthis. 9/13/2010 Conference is canceled. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 7/19/2010) (mml)
July 19, 2010	Filing 314 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated 7/13/2010 re:...Plaintiff's counsel has consented to a briefing schedule that requires our opposition by July 26, 2010 and Plaintiff's reply by August 12, 2010. I request that the Court endorse this briefing schedule... ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/19/2010) (mml)
July 19, 2010	Set/Reset Deadlines: Replies due by 8/12/2010. Responses due by 7/26/2010. (mml)
July 12, 2010	Filing 313 TRANSCRIPT of proceedings held on 5/6/2010 before Magistrate Judge George A. Yanthis. Court Reporter: Mary M. Staten. (mml)
July 6, 2010	Filing 312 MEMORANDUM OF LAW in Support re: #311 MOTION for Discovery : Objections to Magistrate's Discovery Rulings.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Crowley, Sarah)
July 6, 2010	Filing 311 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Discovery : Objections to Magistrate's Discovery Rulings. Document filed by Jeffrey Deskovic.(Crowley, Sarah) Modified on 10/4/2010 (fk).
June 25, 2010	Filing 310 MEMO ENDORSEMENT on re: 299 Letter filed by Jeffrey Deskovic... Under the circumstances herein, the Court concludes that the affidavits from the two physicians demonstrate that the continued deposition of defendant McIntyre could jeopardize his mental or physical health. Accordingly, the Court issues a protective order barring the continued deposition of defendant McIntyre. The Court further orders that given his application for said protective order herein, defendant McIntyre shall be barred from calling himself as a witness at the trial of this matter. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 6/25/2010) (mml)
June 23, 2010	Filing 309 ORDER:...Under the circumstances herein, the Court concludes that the affidavits from the two physicians demonstrate that the continued deposition of defendant Mclntyre could jeopardize his mental or physical health. Accordingly, the Court issues a protective order barring the continued deposition of defendant Mclntyre. The Court further orders that given his application for said protective order herein, defendant Mclntyre shall be barred from calling himself as a witness at the trial of this matter. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 6/22/2010) (rj)
June 16, 2010	Filing 308 LETTER addressed to Magistrate Judge George A. Yanthis from William P. Harrington dated 6/3/2010 re:...The purpose of this letter is two-fold. First to oppose that portion of the Plaintiff;s May 25, 2010 letter motion (via Sarah Crowley, Esq.) to compel the Legal Aid Society.... Document filed by Louis Roh.(mml)
June 16, 2010	Filing 307 LETTER addressed to Magistrate Judge George A. Yanthis from Peter I. Livingston dated 6/2/2010 re:..I write in response to the letter of plaintiffs counsel dated May 25, 2010, which was sent after I had left for the Memorial Day weekend, seeking the Court's authority to compel defendants The Legal Aid Society of Westchester County and Peter Insero. Esq. to produce medical records, psychological records, and any documents making reference to Mr. Insero's alcohol abuse... (mml)
June 16, 2010	Filing 306 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Sarah Crowley dated 5/25/2010 re: I write pursuant to the Court's rules governing discovery disputes to request that the Court (1) compel Defendants Legal Aid Society of Westchester County ("Legal Aid) and Peter Insero to produce Mr. Insero's medical and psychological records and any documents referencing Mr. Insero's alcohol abuse; and (2) compel Legal Aid to produce all non-privileged documents in its possession pertaining to Dr. Louis Roh... ENDORSEMENT:..The Court concludes that said request would be in the nature of a "fishing expedition" concerning any records that said defendants possess concerning defendant Roh. Moreover, the request is over broad. Accordingly, the request to compel discovery is denied in all respects. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 6/16/2010) (mml)
May 28, 2010	Filing 305 ORDER... The Court finds that the interest in broad federal civil rights discovery is served by the unsealing of the requested materials fiom the Spruill case for use in this federal civil rights litigation, and that any countervailing privacy or secrecy interests will be adequately addressedthrough application of the protective order already in place in this case.The Court thus orders that the District Attorney file, court file, trial transcript, and minutes of defendant Roh's grand jury testimony in People v. Spruill, Indictment No. 03-0039, be unsealed and produced the Plaintiff Deskovic, subject to the terms of the Stipulation and Protective Order entered in this case, DE 139. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/28/10) (fk)
May 21, 2010	Filing 304 LETTER addressed to Magistrate Judge George A. Yanthis from Sarah Crowley dated 5/20/2010 re: I write regarding Brian Sokoloff's May 19 letter requesting that the Court reconsider its Order unsealing the Grand Jury Minutes from People v. Deskovic.... Document filed by Jeffrey Deskovic.(mml)
May 21, 2010	Filing 303 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian Sokoloff dated 5/19/10 re: Request for reconsideration regarding Order of May 18th (unsealing records). ENDORSEMENT: The Court has considered the arguments herein. The application for reconsideration is denied. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/21/10) (fk)
May 19, 2010	Filing 302 LETTER addressed to Judge Yanthis from Sarah Crowley dated May 14, 2010 re: to request that the Court unseal the grand jury minutes from People v. Deskovic, Indictment No. 90-0192. Document filed by Jeffrey Deskovic, with the consent of Defendant Westchester County.(ll)
May 19, 2010	Filing 301 LETTER addressed to Magistrate Judge Yanthis from Brian S. Sokoloff dated April 9, 2010 re: request that the Court issue an order protecting the confidentiality of Mr. McIntyre's pre-retirement medical records.. Document filed by City of Peekskill.(ll)
May 19, 2010	Filing 300 LETTER addressed to Magistrate Judge Yanthis from Brian S. Sokoloff dated April 9, 2010 re: write in opposition to plaintiff's request for an order compelling Thomas McIntyre to appear for further deposition and compelling Thomas McIntyre and the city of Peekskill to produce medical and psychological records for Mr. McIntyre pre-dating his 1991 retirement from the Peekskill PD. Document filed by City of Peekskill.(ll)
May 19, 2010	Filing 299 LETTER addressed to Judge Yanthis from Nick Brustin dated March 2, 2010 re: request that the Court issue an order (1) compelling deft. McIntyre to appear for the continuation of his deposition (2) compelling defendant Thomas McIntyre and City of Peekskill to produce all medical and psychological records for Mr. McIntyre pre-dating his retirement from the Peekskill PD. Document filed by Jeffrey Deskovic.(ll)
May 18, 2010	Filing 298 LETTER addressed to Dear Judge Yanthis from Sarah Crowley dated 5/14/2010 Document filed by Jeffrey Deskovic. re: We therefore respectfully request that the Court order the unsealing of these grand jury minutes to allow all parties to use the grand jury minutes in upcoming depositions. A proposed order directing the unsealing of these grand jury minutes is enclosed for your reference. Thank you for your consideration of this request.(jma)
May 18, 2010	Filing 297 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....IT IS HEREBY STIPULATED AND AGREED, by among the undersigned, that: Any documents of information disclosed by the OCME to Plaintiff Jeffrey Deskovic's counsel ("Plaintiff's counsel") pursuant to a subpoena served on Dr. Charles Cantanese, Orange County Medical Examiner, on November 25,2009, in Connection with this action, including autopsy reports and related materials that are confidential under County Law sec 677, New York Civil rights Law 50-b, or other provisions, shall be deemed " Confidential Material."... SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 5/18/2010) (rj)
May 18, 2010	Filing 296 LETTER addressed to Magistrate Judge George A. Yanthis from Brian S. Sokoloff dated 4/9/2010 re:..We write in opposition to plaintiffs request for an order (1) compelling Thomas McIntyre to appear for further deposition; and (2) compelling Thomas McIntyre and City of Peekskill to produce confidential medical and psychological records for Mr. McIntyre pre-dating his 1991 retirement from the Peekskill Police Department... Document filed by Thomas McIntyre, Walter Brovarski, Eugene Tumolo, City of Peekskill, David Levine.(mml)
May 18, 2010	Filing 295 LETTER addressed to Judge George A. Yanthis from Nick Brustin dated 3/2/2010 re:...As Mr. McIntyre has claimed that he is unable to testify due to health problems related to his law enforcement service, Plaintiff respectfully requests that the Court compel production of Mr. McIntyre's pre retirement medical records. Document filed by Jeffrey Deskovic.(rj)
May 18, 2010	Filing 294 ORDER... The Court therefore orders the unsealing of the grand jury minutes from People v. Deskovic, Indictment No. 90-0192, and orders that these materials be produced to all parties subject to the terms of the Stipulation and Protective Order entered in this case, DE 139. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/18/10) (fk)
May 18, 2010	Filing 293 STIPULATION AND PROTECTIVE ORDER...IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, that: 1. Any documents or information disclosed by the OCDA to Plaintiff Jeffrey Deskovic's counsel ("Plaintiffs counsel") pursuant to a subpoena served on the OCDA on November 25, 2009 in connection with this action, including autopsy reports and related materials that are confidential under County Law $677, New York Civil rights Law 50-b, or other provisions, shall be deemed "Confidential Material."... So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/18/10) (fk)
May 18, 2010	Filing 292 ORDER...Counsel for Plaintiff and Dr. Catanese are to confer and provide the Court with a proposed confidentiality agreement and order. Dr. Catanese shall provide the materials as directed in this Order after execution by the Court of the confidentiality order. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/18/10) (fk)
May 18, 2010	Filing 291 ORDER...Counsel for Plaintiff and the OCDA are to provide the Court with a proposed confidentiality agreement and order. After execution by the Court of the confidentiality order, the OCDA shall provide the materials as directed in this Order subject to the terms of the executed confidentiality order. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/18/10) (fk)
May 18, 2010	Filing 290 ANSWER to Crossclaim. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
May 17, 2010	Filing 289 AFFIDAVIT OF SERVICE of Answer to the Cross-Claim of Defendant Louis Roh served on ALL PARTIES on April 29, 2010. Service was made by MAIL. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
May 17, 2010	Filing 288 ANSWER to Crossclaim. Document filed by Peter Insero, Legal Aid Society of Westchester County.(Livingston, Peter)
May 7, 2010	Filing 287 ANSWER to Crossclaim. Document filed by Walter Brovarski, City of Peekskill, David Levine, Thomas Mcintyre.(Sokoloff, Brian)
May 6, 2010	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 5/6/2010. Disputes resolved. (mml)
May 4, 2010	Filing 286 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Eric Hecker dated 5/3/10 re: Request for excusal from the May 6 conference. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge George A. Yanthis on 5/4/10) (fk)
May 3, 2010	Filing 285 ANSWER to Crossclaim. Document filed by Eugene Tumolo.(Mitchell, James)
April 21, 2010	Filing 284 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian Sokoloff dated 4/20/2010... I write to request from the court a further extension, until this Friday, April 23, 2010. Our opposition involves an analysis of the deposition transcripts taken thus far... ENDORSEMENT: Granted. Final extension. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 4/20/2010) (jty)
April 21, 2010	Set/Reset Deadlines: Responses due by 4/23/2010 (jty)
April 20, 2010	Filing 283 ANSWER to Amended Complaint., CROSSCLAIM against all defendants. Document filed by Louis Roh. Related document: #268 Amended Complaint,,.(Harrington, Peter)
April 13, 2010	Filing 282 ANSWER to Amended Complaint. Document filed by Walter Brovarski, Thomas McIntyre, City of Peekskill, David Levine. Related document: #268 Amended Complaint,,.(Sokoloff, Brian)
April 12, 2010	Filing 281 ANSWER to Amended Complaint. Document filed by Daniel Stephens, Putnam County. Related document: #268 Amended Complaint,,.(Randazzo, James)
April 9, 2010	Filing 280 AFFIDAVIT OF SERVICE of Answer and Affirmative Defenses served on ALL PARTIES on April 7, 2010. Service was made by MAIL. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
April 1, 2010	Filing 279 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian Sokoloff dated 4/1/10 re:...we ask that the Court grant us one more week, until April 9, 2010, to obtain the information we seek and complete our opposition.... We would also respectfully request a two-week extension of time to respond to plaintiffs March 27, 2010 motion to compel further deposition of David Levine. Defendants were served with this motion on March 30,2010, making our response due on April 6th. Plaintiff has consented to just a one week extension of time. We respectfully request, however, that the Court grant us a brief two-week extension (to April 20,2010) to prepare our response. ENDORSEMENT: Under the circumstances, application granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 4/1/10) (fk)
April 1, 2010	Filing 278 SUBSTITUTION OF COUNSEL FOR LOUIS ROH:PLEASE TAKE NOTICE that defendant Louis Roh,Substitutes William P. Harrington, Esq. and Robert D. Meade, Esq. as his counsel and attorneys of record in this matter. Attorney William Patrick Harrington for Louis Roh, Robert D. Meade for Louis Roh added. Attorney Stuart Evan Kahan terminated. SO ORDERED (Signed by Judge Kenneth M. Karas on 3/31/2010) (rj)
March 31, 2010	Filing 277 ANSWER to Amended Complaint. Document filed by Eugene Tumolo. Related document: #268 Amended Complaint,,.(Mitchell, James)
March 31, 2010	Filing 276 FILING ERROR - WRONG PARTY SELECTED FROM THE MENU - ANSWER to Amended Complaint. Document filed by Jeffrey Deskovic. Related document: #268 Amended Complaint,,.(Mitchell, James) Modified on 4/8/2010 (gp).
March 29, 2010	Filing 275 STIPULATION AND ORDER...NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, byamong the undersigned counsel for parties to the above-captioned actions that:1. The parties do not object to the filing of the Amended Complaints; 2. All Additional Pleadings previously served by any party in connection with earlier amended complaints in the above-captioned actions shall apply with full force and effect to the Amended Complaints; and 3. With respect to Third-Party Complaints previously served as to parties that have subsequently become main defendants in the above-captioned actions (namely Peter Insero and The Legal Aid Society of Westchester County), such Third Party Complaints and anyresponses thereto shall be treated as cross-claims and responses thereto with respect to the Amended Complaints. So Ordered. (Signed by Judge Kenneth M. Karas on 3/29/10) (fk)
March 29, 2010	Filing 274 REPLY MEMORANDUM OF LAW in Support re: #272 MOTION to Compel Production of Materials from the People v. Spruill file.. Document filed by Jeffrey Deskovic. (Crowley, Sarah)
March 29, 2010	Filing 273 MEMORANDUM OF LAW in Support re: #272 MOTION to Compel Production of Materials from the People v. Spruill file.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6)(Crowley, Sarah)
March 29, 2010	Filing 272 MOTION to Compel Production of Materials from the People v. Spruill file. Document filed by Jeffrey Deskovic.(Crowley, Sarah)
March 25, 2010	Filing 271 MEMORANDUM OF LAW in Opposition re: #260 MOTION to Compel Westchester County.. Document filed by Louis Roh. (Meade, Robert)
March 25, 2010	Filing 270 ANSWER to Amended Complaint. Document filed by Peter Insero, Legal Aid Society of Westchester County. Related document: #268 Amended Complaint,,. (Attachments: #1 Affidavit of Service)(Koplovitz, Deborah)
March 22, 2010	Filing 269 NOTICE of Substitution of Attorney. Old Attorney: Stuart E. Kahan, New Attorney: William P. Harrington and Robert D. Meade, Address: Bleakley Platt & Schmidt, LLP, One North Lexington Avenue, White Plains, New York, USA 10533, 914-949-2700. Document filed by Louis Roh. (Meade, Robert)
March 18, 2010	Filing 267 ENDORSED LETTER addressed to Judge George A. Yanthis from Stuart E. Kahan dated 3/18/2010 re:...Plaintiff's counsel has agreed to an additional one week extension until March 25,2010.... ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 3/18/2010) (rj)
March 18, 2010	Filing 266 ENDORSED LETTER addressed to Judge George A. Yanthis from Brian S. Sokoloff dated 3/18/2010 re: We write in regards to Plaintiff Deskovic's motion to compel the further deposition of Thomas Meclntyre. Plaintiff's counsel previously agreed to extend our time to March 19 to respond to that motion.... As this process is taking longer than expected, we asked Plaintiff's counsel for a second two week extension (until April 2nd) and counsel graciously consented. We respectfully request that the Court approve this extension. We respectfully request that the Court approve this extension. ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 3/18/2010) (rj)
March 18, 2010	Set/Reset Deadlines: Responses due by 4/2/2010 (rj)
March 18, 2010	Set/Reset Deadlines: Responses due by 3/25/2010 (rj)
March 17, 2010	Filing 268 THIRD AMENDED COMPLAINT amending #200 Amended Complaint,, #49 Amended Complaint, against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, City of Peekskill, Putnam County, Westchester County, Peter Insero, Legal Aid Society of Westchester County, David Levine.Document filed by Jeffrey Deskovic. Related document: #200 Amended Complaint,, filed by Jeffrey Deskovic, #49 Amended Complaint, filed by Jeffrey Deskovic.(ll) (Additional attachment(s) added on 3/22/2010: #1 Part II, #2 Exhibit 1) (fk).
March 16, 2010	Filing 265 ENDORSED LETTER addressed to Judge George A. Yanthis from Nick Brustin dated 3/3/10...I write pursuant to the court's individual practices governing discovery disputes to request that the court issue an order pursuant to Federal Rules of Civil Procedure 37(a) and 26(d)(2)...ENDORSEMENT: Before the court is a discovery dispute concering the order in which the depositions of the plaintiff Jeffrey Deskovic and defendants Peter Insero and the legal Aid Society of Westchester County should take place. Plaintiff Deskovic contends that he should be permitted to depose defendant Insero because his own deposition. Plaintiff notes that he provided a full day of testimony in his 50-h hearing; and that the transcript of said hearing is available even though defendant Insero and the Legal Aid Society did not participate in it. Said defendants contend that they should be permitted to depose plaintiff Deskovic prior to the Insero deposition. Defendant Insero points out that plaintiff has already had priority in taking the depositions of numerous defendants.They further point out that the 50-h hearing involved only limited questions about Leagal Aids's representation by defendant Insero. Defendant Insero and legal Aid state that they served the notice to take plaintiff's deposition first in time. There is no priority rule concerning the taking of depositions. FED.R.CIV.P.26(D). when agreement by the parties cannot be reached, as here, the rule gives the court discretion to direct the sequence of discovery taking into account the parties' and witnesses' convenience; and the interest of justice. Under the circumstances herein, the Court concludes that it would be fair and in the interest of justice for the plaintiff Deskovic to be deposed before defendants Insero and the Legal Aid Society. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 3/16/2010) (jty)
March 16, 2010	Filing 264 LETTER addressed to Judge George A. Yanthis from Peater I. Livingston dated 3/5/2010 Document filed by Peter Insero, Legal Aid Society of Westchester County...We therefore, request a ruling from the court that because defendants peter Insero and Legal Aid Society severed the notice of deposition first, in time, and for the reasons stated herein, that plaintiff should be deposed before our clients...(jty)
March 5, 2010	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 3/5/2010. Dispute resolved. Stip. to be prepared by Plaintiff to be So Ordered by Court. (jma)
March 3, 2010	Filing 263 ENDORSED LETTER addressed to Judge George A. Yanthis from Stuart E. Kahan dated 3/3/2010 re:...Pursuant to Local Rule 6.1(a), opposing papers are to be served by March 4,2010. Plaintiff's counsel has agreed to a two week extension until March 18,2010 for opposing papers to be served. We ask that the Court approve the extension of time.... ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 3/3/2010) (rj)
March 3, 2010	Set/Reset Deadlines: Responses due by 3/18/2010 (rj)
March 3, 2010	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sarah Crowley to RE-FILE Document #260 MOTION to Compel Westchester County.. ERROR(S): This motion was not filed in compliance with the individual practices of Judge Yanthis. (fk)
February 25, 2010	Filing 262 NOTICE of Certificate of Service re: #260 MOTION to Compel Westchester County., #261 Memorandum of Law in Support of Motion,. Document filed by Jeffrey Deskovic. (Crowley, Sarah)
February 25, 2010	Filing 261 MEMORANDUM OF LAW in Support re: #260 MOTION to Compel Westchester County.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Crowley, Sarah)
February 25, 2010	Filing 260 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Westchester County. Document filed by Jeffrey Deskovic.(Crowley, Sarah) Modified on 3/3/2010 (fk).
February 23, 2010	Set/Reset Hearings: Pretrial Conference set for 9/13/2010 at 09:30 AM before Magistrate Judge George A. Yanthis. (jma)
February 23, 2010	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Interim Pretrial Conference held on 2/23/2010. Conference previously scheduled for March 5, 2010 has been adjourned due to the extension of discovery. The new conference date is Sept. 13, 2010 at 9:30, Courtroom 421. (jma)
February 23, 2010	Filing 259 ENDORSED LETTER addressed to Judge George A. Yanthis from Sarah Crowley dated 2/17/2010 re: I write in accordance with the Court's Individual Practices (Rule 2A) to request permission to file a motion to compel Defendant Westchester County to produce District attorney file, Court file, trial transcript, and minutes of Roh's Grand Jury testimony.... ENDORSEMENT: Permission to file motion GRANTED.. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 2/23/2010) (rj)
February 2, 2010	Filing 258 STIPULATION AND PROPOSED REVISED SCHEDULING ORDER: Deposition due by 9/6/2010, Interrogatories due by 8/26/2010, Case Management Conference set for 9/13/2010 at 09:30 AM before Magistrate Judge George A. Yanthis. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 2/2/2010) (mml)
January 29, 2010	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Counsel (plaintiff)to review public records by 2/16/2010, advise court by 2/23/2010: Pretrial conference 3/5/2010 at 10am. Proposed scheduling order to be filed A.S.A.P.Discovery Hearing /Motion Hearing held on 1/29/2010. (rj)
January 29, 2010	Set/Reset Hearings: Pretrial Conference set for 3/5/2010 at 10:00 AM before Magistrate Judge George A. Yanthis. (rj)
January 22, 2010	Filing 257 ORDER COMPELLING PRODUCTION OF ALL AUTOPSY MATERIALS FROM CERTAIN WESTCHESTER COUNTY CASES: Plaintiff has requested, with consent of the Westchester County, an Order compelling production of autopsy materials from certain Westchester County cases... SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 1/22/2010) (rj)
January 22, 2010	Filing 256 REPLY AFFIRMATION of Joseph F. Mahoney in Support re: #253 MOTION to Quash.. Document filed by Charles Catanese. (Mahoney, Joseph)
January 22, 2010	Filing 255 MEMORANDUM OF LAW in Support re: #253 MOTION to Quash.. Document filed by Charles Catanese. (Mahoney, Joseph)
January 22, 2010	Filing 254 AFFIDAVIT of Joseph F. Mahoney in Support re: #253 MOTION to Quash.. Document filed by Charles Catanese. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Mahoney, Joseph)
January 22, 2010	Filing 253 MOTION to Quash. Document filed by Charles Catanese. Return Date set for 1/22/2010 at 05:00 PM.(Mahoney, Joseph)
January 20, 2010	Filing 252 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Stuart Kahan dated 1/15/10 re: Response to letter dated 1/14/10 from plaintiff's counsel.. ENDORSEMENT: The Court understands that there is a conference in this case before Judge Yanthis on January 29, 2010. If the parties feel the question of the pace of discovery needs to be addressed after that conference, the parties can let this Court know. So Ordered. (Signed by Judge Kenneth M. Karas on 1/19/10) (fk)
January 8, 2010	Filing 251 REPLY. Document filed by Orange County District Attorney's Office. (Kass, Andrew)
December 29, 2009	Filing 250 MEMORANDUM OF LAW in Opposition to Orange County Medical Examiner's Motion to Quash Plaintiff's Subpoena. Document filed by Jeffrey Deskovic. (Crowley, Sarah)
December 29, 2009	Filing 249 MEMORANDUM OF LAW in Opposition to Orange County District Attorney's Motion to Quash Plaintiff's Subpoena. Document filed by Jeffrey Deskovic. (Crowley, Sarah)
December 28, 2009	Filing 248 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Sarah Crowley dated 12/22/2009 re:....For the foregoing reasons, I request that the Court grant an extension until December 29 of plaintiffs deadlines to respond to the motions to quash filed by the OCDA and OCME. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/22/2009) (mml)
December 28, 2009	Set/Reset Deadlines: Responses due by 12/29/2009 (mml)
December 18, 2009	Filing 247 ORDER COMPELLING PRODUCTION OF DOCUMENTS RESPONSIVE REQUESTS 2-5 OF PLAINTIFF'S SUBPOENA TO THE SUFFOLK COUNTY MEDICAL EXAMINER: Plaintiff Jeffrey Deskovic has submitted unopposed request for an order compelling production of documents responsive to Requests 2-5 of its subpoena dated November 25,2009 to the non party Suffolk County Medical Examiner. Request 2-5 of the subpoena seeks materials from two cases in which defendant Louis Roh presented forensic findings that were challenged at trial by other forensic pathologists. As the Suffolk County Medical Examiner does not oppose plaintiff's request for an order to compel production of responsive documents, the Suffolk County Medical Examiner is ordered to provide the materials responsive to Requests 2-5 of the November 25 subpoena within 15 days of this order. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 12/18/2009) (rj)
November 30, 2009	Filing 246 TRANSCRIPT of proceedings held on November 16, 2009 before Judge George A. Yanthis Court Reporter: Mary Staten. (dcr)
November 19, 2009	Filing 245 ORDER:...IT IS HEREBY ORDERED that Westchester County, through the Westchester County's District Attorney's office is directed to make available for review by plaintiffs counsel those files requested by plaintiff's counsel in which former Assistant District Attorney George Bolen and Former Deputy Medical Examiner Dr. Louis Roh worked together other than those files which are under seal. IT IS FURTHER ORDERED that the aforementioned files are to be produced at the office of the Westchester County District Attorney within ten (10)days form the date of this order. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 11/13/2009) (rj)
November 16, 2009	Filing 244 ORDER:..IT IS HEREBY ORDERED, that, pursuant to New York Mental Hygiene Law Sec 33.13(c), Westchester Medical Center is permitted and required to disclose information on all matters relating to the 1990 admission, legal status, care, and treatment of the plaintiff at the Westchester Medical Center Psychiatric Institute, and any documents relating thereto, and that Westchester Medical Center is also required to make available for deposition any personnel who was or may have been in contact with plaintiff during his stay there, including Senior Psychiatric Aide Charles Guidarelli. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 11/16/2009) (rj)
November 16, 2009	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 11/16/2009. Discovery dispute resolved. (mml)
November 2, 2009	Filing 243 NOTICE OF APPEARANCE by Leo Dorfman on behalf of Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky (Dorfman, Leo)
November 2, 2009	Filing 242 Writ of Habeas Corpus ad Testificandum Issued as to Steven Cunningham for 11/23/2009. (Signed by Judge Magistrate Judge George A. Yanthis on 11/2/2009) (jma)
November 2, 2009	Writ of Habeas Corpus ad Testificandum Issued as to STEVEN CUNNINGHAM for 11/23/2009. SO ORDERED.(Signed by Judge Magistrate George A. Yanthis on 11/02/2009) (gco)
October 13, 2009	Received a letter from the United States District Court - Western District of Buffalo acknowledging receipt of the Opinion and Order, and copy of Docket Sheet, WDNY assigned Case Number: 09-cv-868. (jma)
September 29, 2009	**(AS PER CONVERSATION WITH THE COURT ROOM DEPUTY, A CERTIFIED COPY OF THE DOCKET AND OPINION AND ORDER (DOC# 240), WAS MAILED TO THE WDNY-DC, AS DIRECTED BY THE COURT ROOM DEPUTY)**. (jma)
September 24, 2009	Filing 241 ENDORSED LETTER addressed to Judge George A. Yanthis from Stuart E. Kahan dated 9/23/2009 re: This letter is sent in response to the September 1,2009 letter seeking an order compelling this office to move to unseal grand jury minutes in three cases. Initially I wish to apologize for my tardy response to counsel's letter. Westchester County, through this office will move to unseal the grand jury minutes in the cases referenced by counsel. The motions will be served and filed no later than October 5,2009.. ENDORSEMENT: SO ORDERED., ( Motions due by 10/5/2009.) (Signed by Magistrate Judge George A. Yanthis on 9/23/2009) (rj)
September 23, 2009	Filing 239 NOTICE OF CHANGE OF ADDRESS by Michele E. Kahn on behalf of Steven Orlikoff. New Address: Kahn & Goldberg, LLP, 708 Third Avenue, 19th Floor, New York, NY, USA 10017, 2126875066. (Kahn, Michele)
September 22, 2009	Filing 240 OPINION AND ORDER re: #118 MOTION to Dismiss. filed by Alan Tweed.For the reasons discussed herein, Deft. Tweed's motion is granted is part and denied in part. Plaint claims against Deft. Tweed are hereby servered from Plaintiffs claims against the remaining deft's. Plaintiffs action against deft. tweed is hereby transferred to the USDC for the Western District Of New York. The Clerk Of Court is respectfully directed to terminate the pending motion (Dkt. No. 118), and to transfer those filed related to Plaintiff's claims agaisnt Deft. Tweed to the Western District New York. (Signed by Judge Kenneth M. Karas on 9/22/2009) The Clerk's Office Has Mailed Copies.(jma)
September 22, 2009	Filing 238 OPINION AND ORDER: For the reason discussed herein, the motions to dismiss of Third Party Defendants Orlikoff and Shein are granted. The Clerk of the Court is respectfully directed to terminate the pending motions(Dkt. Nos. 158,164), and to dismiss the Third Party Defendants Marcia G. Shein, P.C., Marcia G. Shein, and Steven Orlikoff from this action.Motions terminated: #164 MOTION to Dismiss the Third Party Complaint. filed by Marcia G. Shein, Marcia G. Shein, P.C., #158 MOTION to Dismiss. filed by Steven Orlikoff., Marica G. Shein, P.C. and Steven Orlikoff terminated. SO ORDERED (Signed by Judge Kenneth M. Karas on 9/22/2009) (rj)
September 9, 2009	Filing 237 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Sarah Crowley dated 9/2/2009 re:...Plaintiff's counsel's recent conversations with member's of Your Honor's and Judge Karas's chambers have clarified that, given Judge Karas's Order of Reference in this case, referring all discovery and general pre-trial matters in this case to Your Honor, plaintiff's counsel should have submitted the proposed revised scheduling order directly to Your Honor, rather than ECF-filing the proposed order with a signature block from Judge Karas. ENDORSEMENT: The order revising scheduling order signed by Judge Karas remains in effect. All future discovery and scheduling matters will be submitted to undersigned. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 9/4/2009) (mml)
August 13, 2009	Filing 236 OPINION AND ORDER re: #150 MOTION to Dismiss. filed by George Bolen.......For the reasons discussed above, the motions of deft. Bolen to dismiss plaintiff's claims against him are granted. The Clerk of Court is respectfully directed to terminate the motion pending in Case No. 07cv8150 dkt.# 150 and the motion pending in Case No. 07cv9488 (dkt. No. 87, and to dismiss Bolen from both cases as a deft. (Signed by Judge Kenneth M. Karas on 08/12/2009) (jma)
August 10, 2009	Filing 235 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #118 MOTION to Dismiss.. Document filed by Jeffrey Deskovic. (Crowley, Sarah)
August 7, 2009	Filing 234 THIRD PARTY COMPLAINT against Steven Orlikoff, Marica G. Shein, Marica G. Shein, P.C..Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine. (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)(jma) (Additional attachment(s) added on 8/10/2009: #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (jma).
August 6, 2009	Filing 233 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Jonathan B. Bruno dated 8/5/2009 re:...We are writing to confirm that the Third Party Defendants are moving to dismiss the Third Party Complaint, which identifies them as Third Party Defendants.... ENDORSEMENT: Granted.. SO ORDERED (Signed by Judge Kenneth M. Karas on 8/6/2009) (rj)
July 29, 2009	Filing 232 ANSWER to Crossclaim. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
July 24, 2009	Filing 231 CERTIFICATE OF SERVICE of Answer to Cross-Claim served on Plaintiff and Co-Defendant on July 23, 2009. Document filed by Westchester County. (Kahan, Stuart)
July 24, 2009	Filing 230 ANSWER to Crossclaim. Document filed by Westchester County.(Kahan, Stuart)
July 24, 2009	Filing 228 ANSWER to Crossclaim. Document filed by Eugene Tumolo.(Mitchell, James)
July 23, 2009	Filing 229 ENDORSED LETTER addressed to Judge George A. Yanthis from Sarah Crowley dated 7/22/2009 re: I write with the consent of counsel for all parties in this case to request that the court grant an extension of the deadline for all the parties to serve Requests for Admission, currently set for Friday, July 24,2009.. ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 7/23/2009) (rj)
July 21, 2009	Filing 227 AFFIDAVIT OF SERVICE of Reply to the Cross-Claims of Defendants Putnam County and Daniel Stephens served on ALL PARTIES on July 21, 2009. Service was made by Electronic Mail. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 21, 2009	Filing 226 REPLY re: #214 Answer to Amended Complaint, Crossclaim,,. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 21, 2009	Filing 225 AFFIDAVIT OF SERVICE of Reply to the Cross-Claim of Defendant Eugene Tumolo served on ALL PARTIES on July 20, 2009. Service was made by Electronic Mail. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 21, 2009	Filing 224 AFFIDAVIT OF SERVICE of Reply to the Cross-Claims of Defendants City of Peekskill, David Levine, Thomas McIntyre and Walter Brovarski served on ALL PARTIES on July 20, 2009. Service was made by Electronic Mail. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 20, 2009	Filing 223 AFFIDAVIT OF SERVICE of Answer to Crossclaim served on ALL PARTIES on July 1, 2009. Service was made by Electronic Mail. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 20, 2009	Filing 222 REPLY re: #217 Answer to Crossclaim,,, Answer to Amended Complaint and Cross-Claim of Defendant Eugene Tumolo. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 20, 2009	Filing 221 ANSWER to Crossclaim. Document filed by Peter Insero, Legal Aid Society of Westchester County.(Livingston, Peter)
July 20, 2009	Filing 220 REPLY re: #218 Answer to Amended Complaint, Crossclaim,, of Defendants City of Peekskill, David Levine, Thomas McIntyre and Walter Brovarski. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 20, 2009	Filing 219 CALENDAR NOTICE:Please take notice that the above captioned action has been scheduled for oral argument on Third Party Defendants' Motion to Dismiss before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, August 11,2009 at 11:00am in Courtroom 521,U.S. District Court, 300 Quarropas Street, White Plains, NY 10601. Oral Argument set for 8/11/2009 at 11:00 AM before Judge Kenneth M. Karas. SO ORDERED (Signed by Judge Kenneth M. Karas on 7/17/2009) (rj)
July 17, 2009	Filing 218 ANSWER to Amended Complaint., CROSSCLAIM against Peter Insero, Legal Aid Society of Westchester County, Putnam County, Louis Roh, Westchester County, Millard Hyland, George Bolen, Alan Tweed, Daniel Stephens. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky. Related document: #200 Amended Complaint,, filed by Jeffrey Deskovic.(Sokoloff, Brian)
July 16, 2009	Filing 217 ANSWER to Crossclaim., ANSWER to Crossclaim., ANSWER to Crossclaim., ANSWER to Amended Complaint. Document filed by Eugene Tumolo. Related document: #200 Amended Complaint,, filed by Jeffrey Deskovic.(Mitchell, James)
July 13, 2009	Filing 216 ANSWER to Crossclaim. Document filed by Walter Brovarski, City of Peekskill, Thomas Mcintyre, David Levine.(Sokoloff, Brian)
July 10, 2009	Filing 215 ANSWER to Crossclaim. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
July 10, 2009	Filing 214 ANSWER to Amended Complaint., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, Louis Roh, Millard Hyland, Alan Tweed, George Bolen, City of Peekskill, Westchester County, Peter Insero, Legal Aid Society of Westchester County, David Levine. Document filed by Putnam County. Related document: #200 Amended Complaint,, filed by Jeffrey Deskovic.(Randazzo, James)
July 9, 2009	Filing 213 TRANSCRIPT of proceedings held on 06/17/2009 before Judge Kenneth M. Karas. Court Reporter: Mary Staten. (gco)
July 7, 2009	Filing 212 ANSWER to Crossclaim. Document filed by Eugene Tumolo.(Mitchell, James)
July 7, 2009	Filing 211 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, that: 1. Any documents or information disclosed by the Department to Plaintiff Jeffrey Deskovic's counsel ("Plaintiffs counsel") pursuant to a subpoena served on the Department onFebruary 12,2009 in connection with this action, including complaints of professional misconduct received by OPMC and investigations of professional misconduct conducted by OPMC, shall be deemed "Confidential Material." SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 7/7/2009) (rj)
July 5, 2009	Filing 210 ANSWER to Crossclaim. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine.(Sokoloff, Brian)
July 2, 2009	Filing 209 AFFIDAVIT OF SERVICE of Answer, Affirmative Defenses and Crossclaims served on ALL PARTIES on 6/1/09. Service was made by Electronic Mail. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
July 2, 2009	Filing 208 ANSWER to Amended Complaint., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, George Bolen, City of Peekskill, Putnam County, Westchester County, David Levine. Document filed by Peter Insero, Legal Aid Society of Westchester County. Related document: #200 Amended Complaint,, filed by Jeffrey Deskovic.(Livingston, Peter)
June 25, 2009	Filing 207 NOTICE OF CHANGE OF ADDRESS by Sarah Alison Crowley on behalf of Jeffrey Deskovic. New Address: Neufeld Scheck & Brustin, LLP, 99 Hudson Street, 8th Floor, New York, NY, United States 10013, (212) 965-9081. (Crowley, Sarah)
June 22, 2009	Filing 206 CALENDAR NOTICE RESCHEDULING DATE OF ORAL ARGUMENT: Please take notice that the above captioned actions have been scheduled for oral argument on Defendant Tweed's Motion to Dismiss before the Honorable Kenneth M. Karas, United States District Judge, on Friday, August 7, 2009 at 2:00 p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. SO ORDERED. Oral Argument set for 8/7/2009 at 02:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 6/19/2009) (mml)
June 17, 2009	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 6/17/2009. Letter to court re: dispute by 7/8/2009. (jma)
June 16, 2009	Filing 205 ENDORSED LETTER addressed to Judge George A. Yanthis from Lori Anne Fee dated 6/16/2009 re:... We respectfully request that we be excused from attending the Motion hearing tentatively scheduled for June 17,2009 before Your Honor.... ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 6/16/2009) (rj)
June 5, 2009	Filing 204 DECISION AND ORDER:... Counsel for plaintiff and the Department are to confer and provide the Court with a proposed confidentiality agreement and order within 15 days of the date of this Order. The Department shall provide the materials pursuant to the subpoena to the plaintiff in accordance with this Order after execution by the Court of the confidentiality order. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 06/05/2009) (gco)
May 28, 2009	Filing 203 ENDORSED LETTER addressed to Judge George A. Yanthis from Stuart E. Kahan dated 5/27/2009 re:...We seek a two (2)day extension of time until Friday May 29th to respond.... ENDORSEMENT: SO ORDERED., ( Responses due by 5/29/2009) (Signed by Magistrate Judge George A. Yanthis on 5/28/2009) (rj)
May 22, 2009	Filing 202 CONSENT MEMORANDUM OF LAW in Support re: #158 MOTION to Dismiss., #164 MOTION to Dismiss the Third Party Complaint. solely on the issue of New York State law which precludes the recovery of non-pecuniary damages in a legal malpractice claim. Document filed by Peter Insero, Legal Aid Society of Westchester County. (Livingston, Peter)
May 15, 2009	Filing 201 ENDORSED LETTER addressed to Kenneth M. Karas from Deborah B. Koplovitz dated 05/11/2009 re: We respectfully request until May 25, 2009 to submit this brief............ ENDORSEMENT: ENDORSED, Granted. So Ordered.. (Signed by Judge Kenneth M. Karas on 05/15/2009) (jma)
May 14, 2009	Filing 199 NOTICE of Stipulation and Proposed Revised Scheduling Order. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
May 14, 2009	Filing 198 ENDORSED LETTER addressed to Judge George A. Yanthis from Jennifer E. Laurin dated 5/13/2009 re:...Plaintiff respectfully asks that the Court issue a clarification of its ruling, in order to set forth the categories of documents, if any, as to which plaintiff has been denied discovery.. ENDORSEMENT: There were no other categories of documents requested in RFP# 8 contained in the personnel files provided.. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 5/14/2009) (rj)
May 14, 2009	Filing 197 ENDORSED LETTER addressed to Judge George A. Yanthis from Jennifer E. Laurin dated 5/13/2009 re:...I respectfully request that the deadline for submission of discovery disputes as between plaintiff and Westchester County be extended to Wednesday, May 20, with responses due Wednesday, May 27..... ENDORSEMENT: Approved., ( Discovery due by 5/20/2009., Responses due by 5/27/2009) SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 5/14/2009) (rj)
May 13, 2009	Filing 200 SECOND AMENDED COMPLAINT amending #49 Amended Complaint, against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, George Bolen, City of Peekskill, Putnam County, Westchester County, Peter Insero, Legal Aid Society of Westchester County, David Levine.Document filed by Jeffrey Deskovic. Related document: #49 Amended Complaint, filed by Jeffrey Deskovic. (Attachments: #1 Amended Complaint Part 1, #2 Amended Complaint Part 2)(gco)
May 13, 2009	SUMMONS ISSUED for Second Amended Complaint (doc#200) as to Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, George Bolen, City of Peekskill, Putnam County, Westchester County, Peter Insero, Legal Aid Society of Westchester County, David Levine. (gco)
May 12, 2009	Filing 196 ORDER:...The Court concludes that the following materials contained in said files are subject to discovery;...Said defendants are to provide said records contained in the files to the plaintiff within 10 days of the date of this Order. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 5/12/2009) (rj)
May 8, 2009	Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 5/8/2009. The Court will hold Oral Argument on Defendant Tweed's motion to dismiss on July 1, 2009 at 10:00 AM. The Court will hold Oral Argument on Defendant Bolen's motion to dismiss on July 16, 2009 at 10:00 AM. (mml)
May 8, 2009	Set/Reset Hearings: Oral Argument set for 7/1/2009 at 10:00 AM before Judge Kenneth M. Karas. (mml)
May 8, 2009	Set/Reset Hearings: Oral Argument set for 7/16/2009 at 10:00 AM before Judge Kenneth M. Karas. (mml)
May 8, 2009	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Interim Pretrial Conference held on 5/8/2009. (Court Reporter Courtflow) (jma)
May 7, 2009	Filing 195 ORDER: The non party New York State Department of Health is directed to provide the materials requested in the subpoena duces tecum served upon it by the plaintiff to the chambers of the undersigned for in camera review. The materials shall be provided to chambers no later than 10 days from the date of this Order. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 5/7/2009) (rj)
May 6, 2009	Filing 194 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Michele Kahn dated 5/6/2009 re: Write to request that counsel for Orlikoff be excused from attending the May 8, 2009 case management conference. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/6/2009) (mml)
May 6, 2009	Filing 193 ENDORSED LETTER addressed to Judge George A. Yanthis from Jonathan B. Bruno dated 5/6/2009 re:...We write to request that counsel for Attorney Shein be excused from attending the May 8,2009 conference..... ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 5/6/2009) (rj)
May 6, 2009	Filing 192 NOTICE of Letter requesting that counsel for Shein defendants be excused from attending the court conference scheduled for May 8, 2009. Document filed by Marcia G. Shein. (Bruno, Jonathan)
May 5, 2009	Filing 191 REPLY MEMORANDUM OF LAW in Support re: #158 MOTION to Dismiss. Third Party Defendant Orlikoff's Reply to Plaintiff's Memorandum of Law on Malpractice Damages Issue. Document filed by Steven Orlikoff. (Kahn, Michele)
April 28, 2009	Filing 190 ENDORSED LETTER addressed to Judge George A. Yanthis from Jennifer Laurin dated 4/20/2009 re:...I write to request an extension until Friday, April 24,of the deadline for plaintiff's reply to the response by the Department to plaintiff's Motion to Compel, filed with the court on April 7.... ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 4/28/2009) (rj)
April 24, 2009	Filing 189 REPLY MEMORANDUM OF LAW in Support re: #178 MOTION to Compel Compliance with Plaintiff's Third Party Subpoena.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit A)(Laurin, Jennifer)
April 24, 2009	Filing 188 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Michele Kahn dated 4/21/2009 re: We request that the Court give us two weeks to submit the reply, commencing on the date the Court approves our request, if such approval is forthcoming. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/23/2009) (Melendez, Melissa)
April 20, 2009	Filing 187 RESPONSE to Motion re: #158 MOTION to Dismiss., #164 MOTION to Dismiss the Third Party Complaint. Memorandum of Law on Malpractice Damages. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
April 20, 2009	Filing 186 MEMORANDUM OF LAW in Opposition re: #178 MOTION to Compel Compliance with Plaintiff's Third Party Subpoena.. Document filed by New York State Department of Health. (Leone, Kathryn)
April 20, 2009	Filing 185 AFFIDAVIT of Keith Servis in Opposition re: #178 MOTION to Compel Compliance with Plaintiff's Third Party Subpoena.. Document filed by New York State Department of Health. (Leone, Kathryn)
April 20, 2009	Filing 184 NOTICE OF APPEARANCE by Kathryn Elena Leone on behalf of New York State Department of Health (Leone, Kathryn)
April 17, 2009	Filing 183 ENDORSED LETTER addressed to Kenneth M. Karas from Peter I. Livingston dated 04/16/2009 re: Deadlines. ENDORSEMENT: Granted... this office be permitted an opportunity to submit a brief solely on this issue in response to the Plaintiff's brief, which is due on April 20, 2009. We request three weeks' time for the date of Plaintiff's submission. SO ORDERED. (Signed by Judge Kenneth M. Karas on 04/17/2009) (gco)
April 14, 2009	Filing 182 ENDORSED LETTER addressed to Judge George A. Yanthis dated 4/14/2009 re:...We write this letter to request, and extension of the briefing deadlines detailed in this court's endorsed order dated March 24,2009...we are requesting that the time to file submissions relating to discovery disputes be extended until May 13,2009 and that the time to respond to such submissions be extended until May 20,2009. ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 4/14/2009) (rj)
April 13, 2009	Filing 181 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Jonathan B. Bruno dated 4/3/2009 re: Respectfully request that Third-Party Defendants be permitted to respond to Plaintiff's submission if they believe it necessary to do so.. ENDORSEMENT: Third-Party Defendants Marcia G. Shein and Marcia G. Shein PC may respond to Plaintiff's submission one-week after Plaintiffs submission is filed. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/8/2009) (Melendez, Melissa)
April 8, 2009	Filing 180 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Kathryn E. Leone dated 4/8/2009 re: The New York State Department of Health (the "Department") respectfully requests that the Department's date to respond be extended to April 20, 2009. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 4/8/2009) (Melendez, Melissa)
April 8, 2009	Set/Reset Deadlines: Responses due by 4/20/2009 (Melendez, Melissa)
April 7, 2009	Filing 179 MEMORANDUM OF LAW in Support re: #178 MOTION to Compel Compliance with Plaintiff's Third Party Subpoena.. Document filed by Jeffrey Deskovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Laurin, Jennifer)
April 7, 2009	Filing 178 MOTION to Compel Compliance with Plaintiff's Third Party Subpoena. Document filed by Jeffrey Deskovic.(Laurin, Jennifer)
April 7, 2009	Filing 177 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Jennifer E. Laurin dated 4/1/2009 re: Plaintiff respectfully requests that, in the event that the Court does deem it necessary to reach the question of the extent of malpractice damages available under New York law, Plaintiff be permitted the opportunity to submit briefing on that limited issue.. ENDORSEMENT: Plaintiff may submit briefing on the damages in question by April 20, 2009. SO ORDERED. (Brief due by 4/20/2009.) (Signed by Judge Kenneth M. Karas on 4/6/2009) (Melendez, Melissa)
March 27, 2009	Filing 176 STIPULATION AND ORDER OF DISMISSAL with prejudice... without costs as to Legal Aid Society Of Westchester County and Peter Insero. (Signed by Judge Kenneth M. Karas on 03/26/2009) (jma)
March 27, 2009	Filing 175 NOTICE OF CHANGE OF ADDRESS by James A. Randazzo on behalf of Daniel Stephens, Putnam County. New Address: Gelardi & Randazzo LLP, 800 Westchester Avenue, Suite S-608, Rye Brook, New York, USA 10573, 914-251-0603. (Randazzo, James)
March 25, 2009	Filing 174 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Jennifer E. Laurin dated 3/25/2009 re: Plaintiff respectfully requests that the Court adjourn the current deadline for the filing of discovery motions concerning Plaintiff's and the City's mutual discovery disputes until April 24, 2009, with responses adjourned until May 1, 2009... ENDORSEMENT: Granted. SO ORDERED.. (Signed by Magistrate Judge George A. Yanthis on 3/26/2009) (Melendez, Melissa)
March 25, 2009	Set/Reset Deadlines: Discovery Motions due by 4/24/2009. Responses due by 5/1/2009. (Melendez, Melissa)
March 25, 2009	Filing 173 NOTICE OF APPEARANCE by Deborah Leigh Cornwall on behalf of Jeffrey Deskovic (Cornwall, Deborah)
March 24, 2009	Filing 172 ENDORSED LETTER addressed to Judge Yanthis from Stuart E. Kahan dated 3/23/2009 re:..We write this letter to request and extension of the briefing deadlines detailed in this court's order dated February 13,2008.... ENDORSEMENT: Application granted., ( Discovery due by 4/15/2009., Responses due by 4/22/2009) SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 3/24/2009) (rj)
February 23, 2009	Filing 171 TRANSCRIPT of proceedings held on 12/23/2008 before Magistrate Judge George A. Yanthis. Court Reporter: Mary Staten. (jma)
February 19, 2009	Filing 170 ENDORSED LETTER addressed to Honorable George A. Yanthis from Jennifer E. Laurin dated 02/17/2009 re: extension of time. ENDORSEMENT: Granted.. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 02/19/2009) (gco)
February 17, 2009	Filing 169 ENDORSED LETTER addressed to Honorable George A. Yanthis from Jennifer E. Laurin dated 02/13/2009 re: discovery deadline. ENDORSEMENT: Granted.., ( Discovery due by 3/25/2009.) SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 02/17/2009) (gco)
February 13, 2009	Filing 168 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Jennifer Laurin dated 2/11/09 re:...two requests in regard to discovery disputes.... ENDORSEMENT: Application granted as to briefing deadlines....Said files are to be submitted to chambers for in camera review. Plaintiff shall have 10 days for the submission to provide letter brief to Court....So Ordered. (Signed by Magistrate Judge George A. Yanthis on 2/13/08) (fk)
February 5, 2009	Filing 167 REPLY MEMORANDUM OF LAW in Support re: #164 MOTION to Dismiss the Third Party Complaint.. Document filed by Marcia G. Shein, P.C., Marcia G. Shein. (Bruno, Jonathan)
February 5, 2009	Filing 166 AFFIDAVIT of Jonathan B. Bruno in Support re: #164 MOTION to Dismiss the Third Party Complaint.. Document filed by Marcia G. Shein, P.C., Marcia G. Shein. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit B thru D)(Bruno, Jonathan)
February 5, 2009	Filing 165 MEMORANDUM OF LAW in Support re: #164 MOTION to Dismiss the Third Party Complaint.. Document filed by Marcia G. Shein, P.C., Marcia G. Shein. (Bruno, Jonathan)
February 5, 2009	Filing 164 MOTION to Dismiss the Third Party Complaint. Document filed by Marcia G. Shein, P.C., Marcia G. Shein.(Bruno, Jonathan)
February 5, 2009	Filing 163 MEMORANDUM OF LAW in Opposition re: #158 MOTION to Dismiss.. Document filed by City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky. (Sokoloff, Brian)
February 5, 2009	Filing 162 DECLARATION of Brian S. Sokoloff in Opposition re: #158 MOTION to Dismiss.. Document filed by City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky, Thomas Mcintyre. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sokoloff, Brian)
February 5, 2009	Filing 161 REPLY MEMORANDUM OF LAW in Support re: #158 MOTION to Dismiss.. Document filed by Steven Orlikoff. (Attachments: #1 Letter to J. Karas, #2 Affidavit of Service of Reply Memorandum)(Kahn, Michele)
February 5, 2009	Filing 160 AFFIDAVIT OF SERVICE. Document filed by Steven Orlikoff. (Kahn, Michele)
February 5, 2009	Filing 159 MEMORANDUM OF LAW in Support re: #158 MOTION to Dismiss.. Document filed by Steven Orlikoff. (Kahn, Michele)
February 5, 2009	Filing 158 MOTION to Dismiss. Document filed by Steven Orlikoff. (Attachments: #1 Affidavit in Support of Motion to Dismiss, #2 Exhibit A p. 1-40, #3 Exhibit A p. 41-84, #4 Exhibit B - E)(Kahn, Michele)
January 30, 2009	Filing 157 TRANSCRIPT of proceedings held on 9/16/2008 before Judge Kenneth M. Karas. Court Reporter: Mary Staten. (jma)
January 22, 2009	Filing 156 ENDORSED LETTER addressed to Honorable George A. Yanthis from Nick Brustin dated 01/22/2009 re: extension of time. ENDORSEMENT: Granted.., ( Discovery due by 2/20/2009.) SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 01/22/2009) (gco)
January 12, 2009	Filing 155 REVISED SCHEDULING ORDER: Deposition due by 7/15/2009. Discovery due by 7/31/2009. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 1/9/2009) (rj)
January 5, 2009	Filing 154 MEMORANDUM OF LAW in Opposition re: #150 MOTION to Dismiss.. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
January 5, 2009	Filing 153 AFFIDAVIT OF SERVICE. Document filed by George Bolen. (Kahan, Stuart)
January 5, 2009	Filing 152 MEMORANDUM OF LAW in Support re: #150 MOTION to Dismiss.. Document filed by George Bolen. (Kahan, Stuart)
January 5, 2009	Filing 151 AFFIDAVIT OF SERVICE. Document filed by George Bolen. (Kahan, Stuart)
January 5, 2009	Filing 150 MOTION to Dismiss. Document filed by George Bolen. (Attachments: #1 Exhibit Exhibit A.1, #2 Exhibit A (2 continuation), #3 Exhibit Exhibit A (3 continuation), #4 Exhibit Exhibit A (4 continuation), #5 Exhibit Exhibit A (5 continuation))(Kahan, Stuart)
December 29, 2008	Filing 149 TRANSCRIPT of proceedings held on 10/10/2008 before Judge Kenneth M. Karas. Court Reporter: Mary Staten. (gco)
December 23, 2008	Filing 148 ENDORSED LETTER addressed to Judge Yanthis from Nick Brustin dated 12/23/2008 re: Respectfully request for deadline to serve interrogatories to be extended to February 17,2009.. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/23/2008) (rj)
December 23, 2008	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 12/23/2008. Disputes Resolved. (gco)
December 23, 2008	Filing 147 ENDORSED LETTER addressed to Judge George A. Yanthis from John E. Knudsen dated 12/22/2008 re: I write to be excused from the conference scheduled for tomorrow, December 23,2008, in the above referenced matter... ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/23/2008) (rj)
December 15, 2008	Filing 146 ENDORSED LETTER addressed to Honorable George A. Yanthis from Nick Brustin dated 12/03/2008 re: transcript. ENDORSEMENT: Application Granted.SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/15/2008) (gco)
December 15, 2008	Filing 145 ENDORSED LETTER addressed to Judge Yanthis from Jennifer Laurin dated 12/12/2008 re:...We respectfully request that the deadline for serving interrogatories be correspondingly extended to December 23.... ENDORSEMENT: Granted. SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 12/15/2008) (rj)
December 8, 2008	Filing 143 ENDORSED LETTER addressed to Judge George A. Yanthis from Stuart E. Kahan dated 12/5/2008 re:...On behalf of the Westchester County defendants, we are requesting a one (1) day extension of time until Thursday, December 11 to respond to the motions.... ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/5/2008) (rj)
December 8, 2008	Filing 142 ENDORSED LETTER addressed to Judge George A. Yanthis from Johnathan B. Bruno dated 12/4/2008 re:...We write to request that counsel for Attorney Shein be excused from attending the December 12,2008 discovery status conference.... ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/5/2008) (rj)
December 8, 2008	Filing 141 ENDORSED LETTER addressed to Judge George A. Yanthis from Michele Kahn dated 12/4/2008 re: This office is counsel to Third Party Defendant Steve Orlikoff. We respectfully join counsel for Third Party Defendant Shein in requesting that we be excused from attending the December 12,2008 discovery status conference before Your Honor.... ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/5/2008) (rj)
December 8, 2008	Filing 140 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Kenneth M. Karas on 12/5/2008) (jma)
December 5, 2008	Filing 144 ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Jennifer Laurin dated 11/25/08 re: Request that the current deadline of 11/28/08 for servinf interrogatories be extended to 12/12/08. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 12/1/08) (fk)
December 5, 2008	Filing 139 STIPULATION AND PROTECTIVE ORDER...So Ordered. (Signed by Magistrate Judge George A. Yanthis on 12/2/08) (fk)
December 3, 2008	Filing 138 STIPULATION AND ORDER Partial Order of Dismissal as to 3rd Party Defendants Marcia G. Shein, P.C. and Marcia G. Shein and Steven Orlikoff. So Ordered: (Signed by Judge Kenneth M. Karas on December 3, 2008) (ll)
December 1, 2008	Filing 137 MOTION SCHEDULING ORDER:At the pre-motion conference held before the Court on November 25, 2008, the Court adopted the following scheduling order... Motions due by 12/15/2008. Responses due by 1/15/2009 Replies due by 2/5/2009. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/01/2008) (gco)
October 30, 2008	Filing 136 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Stuart E. Kahan dated 10/29/08 re: Request for extension of time to move to dismiss amended complaints. ENDORSEMENT: The briefing schedule related to Defendant Bolen's motion to dismiss is granted.., (Last day to serve Motion to dismiss due by 11/14/2008., Replies due by 1/5/2009., Responses due by 12/19/2008) SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/30/08) (rj)
October 29, 2008	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Pretrial Conference held on 10/29/2008, ( Pretrial Conference set for 12/12/2008 at 10:00 AM before Magistrate Judge George A. Yanthis.). (rj)
October 21, 2008	Filing 135 NOTICE OF APPEARANCE by Sarah Alison Crowley on behalf of Jeffrey Deskovic (Crowley, Sarah)
October 20, 2008	Filing 133 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Nick Brustin dated 10/14/2008 re: status conference. ENDORSEMENT: The October 28, 2008 conference is adjourned until November 25, 2008, at 11:00.., ( Status Conference set for 10/28/2008 at 11:00 AM before Judge Kenneth M. Karas.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/19/2008) (gco)
October 17, 2008	Filing 134 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Michele Kahn dated 10/15/08 re: Pre-Motion Conferece. ENDORSEMENT: The pre-motion conference will be on November 25, 2008, at 11:00 am.., ( Pre-Motion Conference set for 11/25/2008 at 11:00 AM before Judge Kenneth M. Karas.) So Ordered. (Signed by Judge Kenneth M. Karas on 10/16/08) (rj)
October 15, 2008	Filing 132 PRE-CONFERENCE STATEMENT /additional letter request to chambers. Document filed by Steven Orlikoff.(Kahn, Michele)
October 9, 2008	Filing 131 ENDORSED LETTER addressed to Hon. Kenneth Karas from Jonathan B. Bruno dated 09/22/2008 re:......request a pre-motion conference at a date and time tha is convenient for the Court...... ENDORSEMENT: The Court will hold a pre-motion conference to address the Shein Defedant's putative motion to dismiss on October 28, 2008 at 2:00. All dead lines are stayed until then. (Signed by Judge Kenneth M. Karas on 10/08/2008) (jma)
October 9, 2008	Filing 130 ENDORSED LETTER addressed to Hon. Kenneth M. Karas from Peter I. Livingston dated 10/03/2008 re:......For all these reasons, Legal Aid respectfully requests to be joined in this action as a Defendant...... ENDORSEMENT: The Court will take up Legal Aid's Motion to dismiss on Oct. 28, 2008 at 2:00. All deadlines are stayed until then.. (Signed by Judge Kenneth M. Karas on 10/08/2008) (jma)
October 7, 2008	Filing 129 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Stuart E. Kahan dated 10/06/2008 re: extension of time. ENDORSEMENT: The revised schedule for County Defendants' motion to dismiss is approved, subject to the same conditions imposed in the initial scheduling order.., ( Motions due by 10/31/2008., Replies due by 12/19/2008., Responses due by 12/5/2008) SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/06/2008) (gco)
October 3, 2008	Filing 128 ENDORSED LETTER addressed to Hon. Kenneth M. Karas from Jennifer E. Laurin dated 09/25/2008 re:.......However, we respectfully submit that Mr. Sokoloff's public filing of such personally directed sarcasm crosses a professional line. On behalf of Mr. Deskovic, we ask that Mr. Sokoloff's letter be stricken from the record with leave to refile a document that is free of derisive commentary concerning our client...... ENDORSEMENT: The Court will not strike Mr. Sokofoff's September 24, 2008 letter, or any portion of it. In so doing, the Court does not condem or condone what has said in that letter, but only believes that it is inappropriate to choose, or censor, the words of advocates before this Court. The Court recognizes how Plaintiff, or other's might be trouble by Mr. Sokoloff's choice of words, and also recognize what Mr. Sokoloff has said about his letter, but the Court also believing that advocates should be allowed to control their pleadings and letters, and hopes that all sides will choose their words carefully in this case. So Ordered.. (Signed by Judge Kenneth M. Karas on 10/03/2008) (jma)
September 25, 2008	Filing 127 PRE-CONFERENCE STATEMENT. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky.(Sokoloff, Brian)
September 22, 2008	Filing 126 PRE-CONFERENCE STATEMENT Request for a pre-motion conference. Document filed by Marcia G. Shein, P.C., Marcia G. Shein.(Bruno, Jonathan)
September 17, 2008	Filing 125 SCHEDULING ORDER: Motions due by 10/17/2008. Responses due by 11/14/2008 Replies due by 11/28/2008. SO ORDERED. (Signed by Judge Kenneth M. Karas on 09/17/2008) (gco)
September 16, 2008	Filing 124 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Jennifer E. Laurin dated 09/12/2008 re: Individual Rules of Practice: attorney appearance. ENDORSEMENT: Granted.SO ORDERED. (Signed by Judge Kenneth M. Karas on 09/15/2008) (gco)
September 15, 2008	Filing 123 PRE-CONFERENCE STATEMENT Request for Pre-Motion Conference. Document filed by Steven Orlikoff.(Kahn, Michele)
September 4, 2008	Filing 122 ORDER...In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes..... (Signed by Magistrate Judge George A. Yanthis on 09/04/2008) (jma)
September 4, 2008	Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Initial Pretrial Conference held on 9/4/2008. Adjourned date, Pre Trial Conference on 10/29/2008 at 10am. (jma)
September 3, 2008	Filing 121 MEMORANDUM OF LAW in Opposition re: #118 MOTION to Dismiss.. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
September 3, 2008	Filing 120 REPLY MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss.. Document filed by Alan Tweed. (Knudsen, John)
September 3, 2008	Filing 119 MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss.. Document filed by Alan Tweed. (Knudsen, John)
September 3, 2008	Filing 118 MOTION to Dismiss. Document filed by Alan Tweed.(Knudsen, John)
September 3, 2008	Filing 117 STIPULATION.....The time for the Third Party Deft's., Peter Insero and the Legal Aid Society of Westchester to answer or otherwise move with respect to the Third Party Complaint is extended to and includes October 15, 2008.... (So Ordered and signed by Magistrate Judge George A. Yanthis on 9/3/2008) (jma)
September 3, 2008	Filing 116 NOTICE OF APPEARANCE by Jonathan B. Bruno on behalf of Marcia G. Shein, P.C., Marcia G. Shein (Bruno, Jonathan)
September 2, 2008	Filing 115 ENDORSED LETTER addressed to Dear Judge Karas from John E. Knudsen dated 08/25/2008 re:.......request a one day extension, from August 26 to August 27, 2008 for Deft. Tweed to submit reply papers in support of his motion to dismiss the complaint..... ENDORSEMENT: Deft. tweed is given until Sept. 3, 2008 to file his reply in support of his motion to dismiss. So Order.. (Signed by Judge Kenneth M. Karas on 08/28/2008) (jma)
September 2, 2008	Filing 114 NOTICE OF APPEARANCE by Michele E. Kahn on behalf of Steven Orlikoff (Attachments: #1 Affidavit of Service)(Kahn, Michele)
August 29, 2008	Filing 112 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to File Answer re: #73 Third Party Complaint,. Document filed by Peter Insero, Legal Aid Society of Westchester County.(Livingston, Peter) Modified on 10/3/2008 (fk).
August 28, 2008	Filing 113 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE MOVE:..., Steven Orlikoff answer due 9/17/2008. SO ORDERED. (Signed by Judge Kenneth M. Karas on 08/21/2008) (gco)
August 18, 2008	Filing 111 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to File Answer re: #73 Third Party Complaint,. Document filed by City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky.(Sokoloff, Brian) Modified on 10/3/2008 (fk).
August 14, 2008	Filing 109 NOTICE OF APPEARANCE by Peter I Livingston on behalf of Peter Insero, Legal Aid Society of Westchester County (Livingston, Peter)
August 13, 2008	Filing 110 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Stuart E. Kahan dated 08/05/2008 re: pre-motion conference. ENDORSEMENT: The Court will hold a conference on September 16, 2008, at 03:00.., ( Pre-Motion Conference set for 9/16/2008 at 03:00 PM before Judge Kenneth M. Karas.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 08/12/2008) (gco)
July 31, 2008	Filing 108 ENDORSED LETTER addressed to Hon. Kenneth M. Karas from Jennifer E. Laurin dated 07/29/2008 re:..........we respectfully ask that the Court grant plaintiff's unopposed request for an eleven-day adjournment of the remaining motion to dismiss briefing deadlines..... ENDORSEMENT: Granted. So Ordered.. (Signed by Judge Kenneth M. Karas on 7/31/2008) (jma)
July 30, 2008	Filing 107 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Stuart E. Kahan dated 07/22/2008 re: pre-motion conference. ENDORSEMENT: The Court addressed the legal viability of the proposed amended complaints in Deskovic and McGarr at the June 2, 2008 conference. While the Court understand that Mr. Bolen contends his only involvement in this case was post-indictment and included witness preparation, Plaintiffs have alleged that Bolen was involved in an post-indictment investigation that would be outside the slope of any immunity claim. In other words, Bolen's motion would require the Court to go beyond the allegations in the Complaints. SO ORDERED. (Signed by Judge Kenneth M. Karas on 07/29/2008) (gco)
July 17, 2008	Filing 106 AFFIDAVIT OF SERVICE of answer to cross-claims served on John Knudsen, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 105 AFFIDAVIT OF SERVICE of answer to cross-claims served on Lori Anne Fee, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 104 AFFIDAVIT OF SERVICE of answer to cross-claims served on James Mitchell, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 103 AFFIDAVIT OF SERVICE of answr to cross-claims served on William Florence, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 102 AFFIDAVIT OF SERVICE of answer to cross-claims served on James Randazzo, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 101 AFFIDAVIT OF SERVICE of answer to cross-claims served on Brian Sokoloff, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 100 AFFIDAVIT OF SERVICE of answer to cross-claims served on Eric Hecker, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 99 AFFIDAVIT OF SERVICE of answer to cross-claims served on Nick Brustin, Esq. on 7-17-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 98 ANSWER to Crossclaim. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County.(Kahan, Stuart)
July 17, 2008	Filing 97 AFFIDAVIT OF SERVICE of answer to cross-claims served on John Knudsen, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 96 AFFIDAVIT OF SERVICE of answer to cross-claims served on Lori Anne Fee, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 95 AFFIDAVIT OF SERVICE of answer to cross-claims served on James Mitchell, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 94 AFFIDAVIT OF SERVICE of answer to cross-claims served on William Florence, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 93 AFFIDAVIT OF SERVICE of answer to cross-claims served on James Randazzo, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 92 AFFIDAVIT OF SERVICE of answer to cross-claims served on Brian Sokoloff, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 91 AFFIDAVIT OF SERVICE of answer to cross-claims served on Eric Hecker, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 90 AFFIDAVIT OF SERVICE of answer to cross-claims served on Nick Brustin, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 89 ANSWER to Crossclaim. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County.(Kahan, Stuart)
July 17, 2008	Filing 88 AFFIDAVIT OF SERVICE of answer to cross-claims served on John Knudsen, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 87 AFFIDAVIT OF SERVICE of answer to cross-claims served on Lori Anne Fee, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 86 AFFIDAVIT OF SERVICE of answer to cross-claims served on James Mitchell, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 85 AFFIDAVIT OF SERVICE of answer to cross-claims served on William Florence, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 84 AFFIDAVIT OF SERVICE of answer to cross-claims served on James Randazzo, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 83 AFFIDAVIT OF SERVICE of answer to cross-claims served on Brian Sokoloff, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 82 AFFIDAVIT OF SERVICE of answer to cross-claims served on Eric Hecker, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 81 AFFIDAVIT OF SERVICE of answer to cross-claims served on Nick Brustin, Esq. on 7-16-08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County. (Kahan, Stuart)
July 17, 2008	Filing 80 ANSWER to Crossclaim. Document filed by Louis Roh, Millard Hyland, George Bolen, Westchester County.(Kahan, Stuart)
July 14, 2008	Filing 79 ANSWER to Crossclaim. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky.(Sokoloff, Brian)
July 14, 2008	Filing 78 ANSWER to Crossclaim. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky.(Sokoloff, Brian)
July 11, 2008	Filing 77 ANSWER to Complaint., CROSSCLAIM against Louis Roh, Millard Hyland, George Bolen, Westchester County. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
July 11, 2008	Filing 76 ANSWER to Complaint., CROSSCLAIM against Eugene Tumolo. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
July 11, 2008	Filing 75 ANSWER to Complaint., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
July 11, 2008	Filing 74 ANSWER to Complaint., CROSSCLAIM against Walter Brovarski, Eugene Tumolo, Louis Roh, Millard Hyland, George Bolen, City of Peekskill, Westchester County, David Levine. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
July 9, 2008	Filing 72 ANSWER to Crossclaim. Document filed by Eugene Tumolo.(Mitchell, James)
July 9, 2008	Filing 71 ANSWER to Crossclaim. Document filed by Eugene Tumolo.(Mitchell, James)
July 8, 2008	Filing 70 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on John Knudsen, Esq. on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 69 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on Lori Anne Fee, Esq. on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 68 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on James Mitchell, Esq. on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 67 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on William Florence on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 66 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on James Randazzo, Esq. on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 65 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on Brian Sokoloff, Esq. on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 64 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on Eric Hecker, Esq. on 7/8/08. Service was made by mail. Document filed by Millard Hyland, Louis Roh, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 63 AFFIDAVIT OF SERVICE of answer to first amended complaint with cross-claims served on Nick Brustin, Esq. on 7/8/08. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
July 8, 2008	Filing 62 ANSWER to Amended Complaint with JURY DEMAND., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Alan Tweed, City of Peekskill, Putnam County, David Levine. Document filed by Louis Roh, Millard Hyland, Westchester County. Related document: #49 Amended Complaint, filed by Jeffrey Deskovic.(Kahan, Stuart)
July 7, 2008	Filing 73 THIRD PARTY COMPLAINT against Marcia G. Shein, P.C., Steven Orlikoff, Marcia G. Shein. Third Party summons issued. Document filed by City of Peekskill, David Levine, Thomas McIntyre, Walter Brovarsky, Steven Orlikoff, Marcia G. Shein, P.C., Marcia G. Shein. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit B part 1, #4 Exhibit B part 2, #5 Exhibit B part 3)(ll)
July 7, 2008	Filing 61 ANSWER to Amended Complaint., CROSSCLAIM against Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, George Bolen, Putnam County, Westchester County. Document filed by Eugene Tumolo. Related document: #49 Amended Complaint, filed by Jeffrey Deskovic.(Mitchell, James)
July 7, 2008	Filing 60 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - ANSWER to Crossclaim., ANSWER to Amended Complaint. Document filed by Eugene Tumolo. Related document: #49 Amended Complaint, filed by Jeffrey Deskovic.(Mitchell, James) Modified on 7/16/2008 (lb).
July 3, 2008	Filing 59 ANSWER to Amended Complaint., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, Alan Tweed, City of Peekskill, David Levine, George Bolen, Louis Roh, Millard Hyland, Westchester County. Document filed by Daniel Stephens, Putnam County. Related document: #49 Amended Complaint, filed by Jeffrey Deskovic.(Randazzo, James)
July 3, 2008	Filing 58 NOTICE OF CHANGE OF ADDRESS by James A. Randazzo on behalf of Daniel Stephens, Putnam County. New Address: Gelardi & Randazzo LLP, 151 Broadway, Hawthorne, New York, USA 10532, 914-495-3050. (Randazzo, James)
July 2, 2008	Filing 57 AMENDED ANSWER to #49 Amended Complaint, #56 Answer to Amended Complaint, Crossclaim,,., CROSSCLAIM against Louis Roh, Millard Hyland, Westchester County, Daniel Stephens, Alan Tweed, Putnam County, George Bolen. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine. (Sokoloff, Brian)
July 2, 2008	Filing 56 ANSWER to Amended Complaint., CROSSCLAIM against Louis Roh, Millard Hyland, Westchester County, Daniel Stephens, Alan Tweed, Putnam County, George Bolen. Document filed by Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine. Related document: #49 Amended Complaint, filed by Jeffrey Deskovic.(Sokoloff, Brian)
June 17, 2008	Filing 55 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge George A. Yanthis. (Signed by Judge Kenneth M. Karas on 6/16/08) (fk)
June 17, 2008	Filing 54 SCHEDULING ORDER: Joinder of Parties due by 7/7/2008. Deposition due by 1/15/2009. Case Management Conference set for 5/8/2009 at 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 6/2/08) (fk)
June 17, 2008	Filing 53 NOTICE OF APPEARANCE by Eric Hecker on behalf of Linda McGarr (Hecker, Eric)
June 16, 2008	Filing 52 NOTICE OF APPEARANCE by Elora Mukherjee on behalf of Linda McGarr (Mukherjee, Elora)
June 16, 2008	Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY (ATTORNEY WAS NOT ADDED ON TO DOCKET) - NOTICE OF APPEARANCE by Eric Hecker on behalf of Linda McGarr (Hecker, Eric) Modified on 6/20/2008 (kkc).
June 13, 2008	Filing 50 WAIVER OF SERVICE RETURNED EXECUTED. George Bolen waiver sent on 6/9/2008, answer due 8/8/2008. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
June 13, 2008	Filing 49 AMENDED COMPLAINT amending #1 Complaint, against George Bolen, Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, City of Peekskill, Putnam County, Westchester County, David Levine.Document filed by Jeffrey Deskovic. Related document: #1 Complaint, filed by Jeffrey Deskovic. (Attachments: #1 #2 #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(dcr)
June 3, 2008	Filing 48 ORDER: Motion to dismiss due by 7/11/2008. Opposition due by 8/1/2008 Replies due by 8/15/2008... So Ordered. (Signed by Judge Kenneth M. Karas on 6/3/08) (fk)
June 2, 2008	Filing 47 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Jennifer E. Laurin dated 05/29/2008 re: leave to conduct the June 2 conference in the absence of Mr. Scheck. ENDORSEMENT: Granted.. SO ORDERED. (Signed by Judge Kenneth M. Karas on 05/30/2008) (gco)
May 30, 2008	Filing 46 NOTICE OF APPEARANCE by James Alfred Mitchell on behalf of Eugene Tumolo (Mitchell, James)
May 27, 2008	Filing 45 ENDORSED LETTER addressed to Hon. Kenneth M. Karas from Jennifer E. Laurin dated 05/20/2008 re:....I write in response to the May 16, 2008 letter of Assistant Attorney General John Knudsen..... ENDORSEMENT: The Court will take up Mr. Tweed's concerns and Plaintiffs desire to amend the complaint at the June 2, 2008 conference....SO ORDERED. (Signed by Judge Kenneth M. Karas on 05/22/2008) (jma)
May 13, 2008	Filing 44 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Jennifer E. Laurin dated 05/09/2008 re: extension of time. ENDORSEMENT: Granted. Plaintiff is given until May 16, 2008 to file, or seek leave to file, an amended complaint.., ( Amended Pleadings due by 5/16/2008.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 05/12/2008) (gco)
April 10, 2008	Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 4/10/2008, ( Conference set for 6/2/2008 at 02:00 PM before Judge Kenneth M. Karas.). Parties appeared for a pre-motion conference. Plaintiff will file an Amended Complaint by May 12, 2008. Parties will then return for another conference on June 2, 2008 at 2:00pm. (gco)
February 22, 2008	Filing 43 STIPULATION AND ORDER REGARDING CONSOLIDATION...It is hereby Stipulation and Agreed, by and through the prties' undersigned counsel, that the Deskovic Action (07cv8150) and the McGarr Action (07cv9488) shall be and hereby are consolidated for purposes of discovery. So Ordered. (Signed by Judge Kenneth M. Karas on 2/19/08) (fk)
January 28, 2008	Filing 42 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Jennifer E. Laurin dated 01/24/2008 re: case management conference. ENDORSEMENT: Granted.( Case Management Conference set for 3/6/2008 before Judge Kenneth M. Karas.), SO ORDERED. (Signed by Judge Kenneth M. Karas on 01/25/2008) (gco)
January 22, 2008	Filing 41 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Nick Brustin dated 01/17/2008 re: adjournment of scheduled conference. ENDORSEMENT: The pre-motion conference will be on March 6, 2008, at 10:00AM.( Pre-Motion Conference set for 3/6/2008 at 10:00 AM before Judge Kenneth M. Karas.), SO ORDERED. (Signed by Judge Kenneth M. Karas on 01/22/2008) (gco)
January 22, 2008	Filing 40 NOTICE OF APPEARANCE by John Eric Knudsen on behalf of Alan Tweed (Attachments: #1 Affidavit of Service)(Knudsen, John)
January 15, 2008	Filing 39 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from John E. Knudsen dated 01/09/2008 re: move to dismiss complaint. ENDORSEMENT: The Court will hold a pre-motion conference on February 15, 2008 at 11:00AM. Defendant Tweed's time to answer or otherwise respond to the Complaint is stayed until then.( Pre-Motion Conference set for 2/15/2008 at 11:00 AM before Judge Kenneth M. Karas.), SO ORDERED. (Signed by Judge Kenneth M. Karas on 01/14/2008) (gco)
January 15, 2008	Filing 38 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Nich Brustin dated 01/14/2008 re: response to 01/9/2008 letter. ENDORSEMENT: The Clerk is respectfully requested to docket this letter.SO ORDERED. (Signed by Judge Kenneth M. Karas on 01/14/2008) (gco)
December 20, 2007	Filing 37 ENDORSED LETTER addressed to Hon. Kenneth M. Karas from John E. Knudsen dated 12/17/2007 re:.....respectfully request an extension until January 14, 2008 of Officer Tweed to respond to the complaint.... ENDORSEMENT: Granted. SO ORDERED.. (Signed by Judge Kenneth M. Karas on 12/19/2007) (jma)
December 13, 2007	Filing 36 ANSWER to Crossclaim. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
December 13, 2007	Filing 35 ANSWER to Crossclaim. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
December 11, 2007	Filing 34 ANSWER to Crossclaim. Document filed by Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, City of Peekskill, David Levine.(Sokoloff, Brian)
December 10, 2007	Filing 33 AFFIDAVIT OF SERVICE of Answer to Cross-Claims served on James Randazzo, Esq. on 12/10/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 10, 2007	Filing 32 AFFIDAVIT OF SERVICE of Answer to Cross-Claims served on Brian Sokoloff, Esq. on 12/10/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 10, 2007	Filing 31 AFFIDAVIT OF SERVICE of Answer to Cross-Claims served on Cochran, Neufeld et al. on 12/10/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 10, 2007	Filing 30 ANSWER to Crossclaim. Document filed by Millard Hyland, Louis Roh, Westchester County.(Kahan, Stuart)
December 10, 2007	Filing 29 AFFIDAVIT OF SERVICE of Answer to Cross-Claims served on James Randazzo, Esq. on 12/10/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 10, 2007	Filing 28 AFFIDAVIT OF SERVICE of Answer to Cross-Claims served on Brian Sokoloff, Esq. on 12/10/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 10, 2007	Filing 27 AFFIDAVIT OF SERVICE of Answer to Cross-Claims served on Cochran, Neufeld et al. on 12/10/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 10, 2007	Filing 26 ANSWER to Crossclaim. Document filed by Louis Roh, Millard Hyland, Westchester County.(Kahan, Stuart)
December 7, 2007	Filing 25 AMENDED ANSWER to., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, Louis Roh, Millard Hyland, Alan Tweed, City of Peekskill, Westchester County, David Levine. Document filed by Daniel Stephens, Putnam County. (Randazzo, James)
December 7, 2007	Filing 24 ANSWER to Crossclaim. Document filed by Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, City of Peekskill, David Levine.(Sokoloff, Brian)
December 6, 2007	Filing 23 AFFIDAVIT OF SERVICE of Answer and Cross-Claims served on James Randazzo, Esq. on 12/6/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 6, 2007	Filing 22 AFFIDAVIT OF SERVICE of Answer and Cross-Claims served on Brian Sokoloff, Esq. on 12/6/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 6, 2007	Filing 21 AFFIDAVIT OF SERVICE of Answer and Cross-Claims served on Cochran Neufeld et al. on 12/6/07. Service was made by mail. Document filed by Louis Roh, Millard Hyland, Westchester County. (Kahan, Stuart)
December 6, 2007	Filing 20 ANSWER to Complaint with JURY DEMAND., ANSWER to Crossclaim., CROSSCLAIM against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, Daniel Stephens, Alan Tweed, City of Peekskill, Putnam County, David Levine. Document filed by Louis Roh, Millard Hyland, Westchester County.(Kahan, Stuart)
December 4, 2007	Filing 19 ANSWER to Complaint., CROSSCLAIM against Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, Putnam County, Westchester County. Document filed by Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, City of Peekskill, David Levine.(Sokoloff, Brian)
December 4, 2007	Filing 18 ANSWER to Complaint. Document filed by Daniel Stephens, Putnam County.(Randazzo, James)
November 21, 2007	Filing 17 AFFIDAVIT OF SERVICE. Alan Tweed served on 11/6/2007, answer due 11/26/2007. Service was accepted by Lt. Lance Rohr. Service was made by Leave and MAIL. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 29, 2007	Filing 16 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Paul A. Crotty is no longer assigned to the case. (jeh)
October 29, 2007	Magistrate Judge George A. Yanthis is so redesignated. (jeh)
October 25, 2007	Filing 15 ENDORSED LETTER addressed to Judge Paul A. Crotty from Stuart E. Kahan dated 10/24/07 re: counsel for defendant requests an extension of time to answer or move with regard to plaintiff's complaint until 12/4/07. ENDORSEMENT: Application Granted. So ordered. (Signed by Judge Paul A. Crotty on 10/25/07) (dle)
October 25, 2007	Filing 14 ORDER that the claims in this case arose out of Peekskill, New York in Westchester County. The plaintiff resides in Tarrytown, New York also located in Westchester County, New York. Accordingly, the Clerk of Court is directed to reassign this case to the United States District Court in White Plains, New York, pursuant to Rule 21(a)(1) of the Rules for the Division of Business Among District Judges in the Southern District of New York. (Signed by Judge Paul A. Crotty on 10/25/07) (dle) Modified on 10/25/2007 (Lewis, Diahann).
October 24, 2007	Filing 13 AFFIDAVIT OF SERVICE. Westchester County served on 10/12/2007, answer due 11/1/2007. Service was accepted by Donna Dixon. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 12 AFFIDAVIT OF SERVICE. Millard Hyland served on 10/15/2007, answer due 11/5/2007. Service was made by Mail. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 11 AFFIDAVIT OF SERVICE. David Levine served on 10/19/2007, answer due 11/8/2007. Service was made by Mail. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 10 AFFIDAVIT OF SERVICE. City of Peekskill served on 10/12/2007, answer due 11/1/2007. Service was accepted by Gloria Zonghetti. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 9 AFFIDAVIT OF SERVICE. Louis Roh served on 10/12/2007, answer due 11/1/2007. Service was accepted by Stuart Kahan. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 8 AFFIDAVIT OF SERVICE. Daniel Stephens served on 10/12/2007, answer due 11/1/2007. Service was made by MAIL. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 7 AFFIDAVIT OF SERVICE. Putnam County served on 10/11/2007, answer due 10/31/2007. Service was accepted by Lorrie Pelliccio. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 6 AFFIDAVIT OF SERVICE. Eugene Tumolo served on 10/18/2007, answer due 11/7/2007. Service was accepted by Brian Sokoloff. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 5 AFFIDAVIT OF SERVICE. Thomas Mcintyre served on 10/18/2007, answer due 11/7/2007. Service was accepted by Brian Sokoloff. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 24, 2007	Filing 4 AFFIDAVIT OF SERVICE. Walter Brovarski served on 10/18/2007, answer due 11/7/2007. Service was accepted by Brian Sokoloff. Document filed by Jeffrey Deskovic. (Laurin, Jennifer)
October 2, 2007	Filing 3 NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case. (jeh)
October 2, 2007	Magistrate Judge Henry B. Pitman is so designated. (jeh)
October 2, 2007	CASE DECLINED AS NOT SIMILAR. Case referred as similar to 97cv3023 and declined by Judge Barbara S. Jones and returned to wheel for assignment. (jeh)
September 19, 2007	Filing 2 NOTICE OF APPEARANCE by Brian S. Sokoloff on behalf of Thomas Mcintyre, Walter Brovarski, City of Peekskill, David Levine (Sokoloff, Brian)
September 18, 2007	Filing 1 COMPLAINT against Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, City of Peekskill, Putnam County, Westchester County, David Levine. (Filing Fee $ 350.00, Receipt Number 627232)Document filed by Jeffrey Deskovic.(jpo) Additional attachment(s) added on 9/20/2007 (Becerra, Maribel).
September 18, 2007	SUMMONS ISSUED as to Thomas Mcintyre, Walter Brovarski, Eugene Tumolo, John Doe, Jane Doe, Daniel Stephens, Louis Roh, Millard Hyland, Alan Tweed, City of Peekskill, Putnam County, Westchester County, David Levine. (jpo)
September 18, 2007	CASE REFERRED TO Judge Barbara S. Jones as possibly similar to 97cv3023. (jpo)
September 18, 2007	Case Designated ECF. (jpo)

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Search for this case: Deskovic v. City of Peekskill et al
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3rd party plaintiff: City of Peekskill
Represented By:	William Gorman Passannante
Represented By:	Brian S. Sokoloff
Represented By:	John Martin Flannery
Represented By:	Kerry Ann Sheehan
Represented By:	Lalit Kumar Loomba
Represented By:	Leo Dorfman
Represented By:	Steven J. Pudell
Represented By:	Vianny Maria Pichardo
Represented By:	Raymond A. Mascia, Jr.
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3rd party plaintiff: Marcia G. Shein
Represented By:	Brian S. Sokoloff
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3rd party plaintiff: Marcia G. Shein, P.C.
Represented By:	Brian S. Sokoloff
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3rd party plaintiff: Walter Brovarski
Represented By:	Brian S. Sokoloff
Represented By:	John Martin Flannery
Represented By:	Leo Dorfman
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Cross defendant: Daniel Stephens
Represented By:	James A. Randazzo
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Cross defendant: John Doe
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Cross defendant: Eugene Tumolo
Represented By:	Brian S. Sokoloff
Represented By:	James Alfred Mitchell
Represented By:	John Martin Flannery
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Cross defendant: Millard Hyland
Represented By:	Stuart Evan Kahan
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Cross defendant: Thomas Mcintyre
Represented By:	Brian S. Sokoloff
Represented By:	John Martin Flannery
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Cross defendant: David Levine
Represented By:	Brian S. Sokoloff
Represented By:	Peter Alexander Meisels
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Cross defendant: George Bolen
Represented By:	Stuart Evan Kahan
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Cross defendant: Jane Doe
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Intervenor plaintiff: New York State Local Government Services Foundation, Inc.
Represented By:	Richard J. Nicolello
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Defendant: Alan Tweed
Represented By:	John Eric Knudsen
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Defendant: Putnam County
Represented By:	Caitlin Grace Scheir
Represented By:	James A. Randazzo
Represented By:	John J. Walsh, II
Represented By:	Stephen Wellinghorst
Represented By:	Robert Louis Delicate
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Defendant: Legal Aid Society of Westchester County
Represented By:	Deborah Beth Koplovitz
Represented By:	Peter I Livingston
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Defendant: Westchester County
Represented By:	Stuart Evan Kahan
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3rd party defendant: Peter Insero
Represented By:	Peter I Livingston
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3rd party defendant: Marica G. Shein, P.C.
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3rd party defendant: United National Insurance Company
Represented By:	Bradley M Klein
Represented By:	Catalina Jean Sugayan
Represented By:	David M. Dolendi
Represented By:	Matthew B. Anderson
Represented By:	Patrick T. Walsh
Represented By:	Jessika Joora Moon
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3rd party defendant: Travelers Indemnity Company
Represented By:	Matthew B. Anderson
Represented By:	Thomas Alan Martin
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3rd party defendant: Steven Orlikoff
Represented By:	Brian S. Sokoloff
Represented By:	Michele E. Kahn
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3rd party defendant: Westport Insurance Company
Represented By:	Darcy Lynn Ibach
Represented By:	Stephanie Alix Nashban
Represented By:	Courtney Elizabeth Scott
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3rd party defendant: American Motorist Insurance Company
Represented By:	Karen M. Dixon
Represented By:	Michael Buckley
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3rd party defendant: Harco National Insurance Company
Represented By:	Janet Patricia Ford
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3rd party defendant: Illinois Union Insurance Company
Represented By:	Matthew B. Anderson
Represented By:	Marianne Gaul May
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3rd party defendant: TIG Insurance Company
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3rd party defendant: Illinois National Insurance Company
Represented By:	Matthew B. Anderson
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3rd party defendant: CX Reinsurance Company Limited
Represented By:	Bradley M Klein
Represented By:	Matthew B. Anderson
Represented By:	Patrick T. Walsh
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3rd party defendant: Under Writers at Lloyd's, London
Represented By:	Bradley M Klein
Represented By:	Matthew B. Anderson
Represented By:	Patrick T. Walsh
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3rd party defendant: North River Insurance Company
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3rd party defendant: Markel American Insurance Company
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3rd party defendant: Marica G. Shein
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3rd party defendant: Sphere Drake Insurance PLC
Represented By:	Bradley M Klein
Represented By:	Matthew B. Anderson
Represented By:	Patrick T. Walsh
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3rd party defendant: American Zurich Insurance Company
Represented By:	Robert J. Kelly
Represented By:	Christopher Dean O'Leary
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Not classified by court: Orange County District Attorney's Office
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Not classified by court: New York State Department of Health
Represented By:	Kathryn E Martin
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Cross claimant: Walter Brovarsky
Represented By:	Brian S. Sokoloff
Represented By:	John Martin Flannery
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Cross claimant: Louis Roh
Represented By:	Robert D. Meade
Represented By:	William Patrick Harrington
Represented By:	Stuart Evan Kahan
Represented By:	Peter Francis Harrington
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Consolidated plaintiff: Linda McGarr
Represented By:	Eric J. Hecker
Represented By:	Elora Mukherjee
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Plaintiff: Jeffrey Deskovic
Represented By:	Barry C. Scheck
Represented By:	Chloe Francis Cockburn
Represented By:	Deborah Leigh Cornwall
Represented By:	Jennifer Elizabeth Laurin
Represented By:	Nick Joel Brustin
Represented By:	Sarah Alison Crowley
Represented By:	Aaron William Scherzer
Represented By:	Anna Benvenutti Hoffmann
Represented By:	Emma Kate Freudenberger
Represented By:	Farhang Heydari
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Intervenor: NEW YORK MUNICIPAL INSURANCE RECIPROCAL
Represented By:	Brian M Sher
Represented By:	Joan M. Gilbride
Represented By:	Richard J. Nicolello
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Petitioner: M.D. Charles Catanese
Represented By:	Joseph F. Mahoney
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