Romanick v. County of Westchester et al
| Joseph Romanick |
| County of Westchester, Village of Pleasantville, New York, Town of Mount Pleasant, New York, Commissioner George N. Longworth, Anthony Chiarlitti, Louis Alagno, Police Officer Aaron Hess, Police Officer Ronald Beckley, Police Officer Ronald Gagnon, Detective Marco A. Mendoza, Detective Matthew F. Brown, Detective Martin Greenberg, Police Officer George W. Winsman and John Does #1-30 |
| Bonita E. Zelman |
| 7:2011cv07267 |
| October 14, 2011 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Kenneth M Karas |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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Filing 366
MEMO ENDORSEMENT on re: (362 in 7:11-cv-07261-KMK-LMS) Letter filed by Aaron Hess, (466 in 7:11-cv-07265-KMK-LMS) Letter filed by Aaron Hess, (436 in 7:11-cv-07258-KMK) Letter filed by Aaron Hess, (378 in 7:11-cv-07264-KMK-LMS) Letter filed by Aaron Hess, (366 in 7:11-cv-07260-KMK-LMS) Letter filed by Aaron Hess, (365 in 7:11-cv-07267-KMK-LMS) Letter filed by Aaron Hess, (366 in 7:11-cv-07262-KMK-LMS) Letter filed by Aaron Hess. ENDORSEMENT: Granted. SO ORDERED. Attorney David Abraham Gold terminated. (Signed by Judge Kenneth M. Karas on 10/9/2018) (mml)
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| Filing 365 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated October 4, 2018 re: Attorney Withdrawal. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 364 DECLARATION of Bruce A. Green re: #357 Order to Show Cause,,,,,,,,,,, . Document filed by Bonita E. Zelman. (Attachments: #1 Exhibit A)(Temkin, Barry) |
| Filing 363 DECLARATION of Bonita E. Zelman re: #357 Order to Show Cause,,,,,,,,,,, . Document filed by Bonita E. Zelman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Errata H)(Temkin, Barry) |
| Filing 362 MEMORANDUM OF LAW re: #357 Order to Show Cause,,,,,,,,,,, . Document filed by Bonita E. Zelman. (Temkin, Barry) |
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Filing 361
ORDER granting [431 in 7:11cv7258] Letter Motion for Extension of Time. Granted. SO ORDERED. (Show Cause Response due by 8/17/2018.) (Signed by Judge Kenneth M. Karas on 7/23/2018) (mml)
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| Filing 360 NOTICE of Withdrawal As Counsel: PLEASE TAKE NOTICE that, I, SARA L. ABIBOUTROS, hereby withdraw my appearance in this matter. Document filed by Joseph Romanick. (Abiboutros, Sara) |
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Filing 359
ORDER granting 426 in 11cv7258 Letter Motion for Extension of Time. Counsel will have until July 27, 2018 to respond to the Order to Show Cause on behalf of Ms. Zelman. There will be no further extensions. SO ORDERED. (Show Cause Response due by 7/27/2018.) (Signed by Judge Kenneth M. Karas on 6/29/2018) (mml)
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| Filing 358 VERDICT FORM. (mml) |
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Filing 357
ORDER: Accordingly, Ms. Zelman is hereby ordered to show cause, by no later than July 6, 2018, why she should not be subject to sanctions by this Court for her: (i) repeated and blatant disregard of the Court's orders regarding the scope of questioning and other evidentiary issues; (ii) failure to abide by the Court's rulings on multiple Motions in Limine; (iii) refusal to comply with the Federal Rules of Evidence through her repeated use of leading questions and reading from documents not in evidence; (iv) reading from, and directly quoting, a document not in evidence during her summation; and (v) inappropriately gesturing toward her client during her cross-examination of a witness. See In re Ski Train Fire in Kaprun Austria on Nov. 11, 2000, No. 03-CV-8960, 2007 WL 2398697, at *6 (S.D.N.Y. Aug. 16, 2007) (sanctioning counsel for "glaringly inadequate filings,... utter disregard for ethical standards of conduct... [and] misrepresent[ation] [of] critical facts"); Stuart v. Kempthorne, No. 99-CV-8163, 2007 WL 2071605, at *1 (E.D.N.Y. July 13, 2007) (dismissing the case with prejudice because of counsel's "repeated[] and blatant[] disregard[] [of] th[e] [c]ourt's orders-including scheduling orders, evidentiary rulings, and decisions limiting the scope of this action-and,... demonstrat[ing] an astounding disregard for her obligations as an attorney and an officer of the court"). Also, Ms. Zelman is to show cause why she should not face sanctions for engaging Dr. Rembar as a treating expert and calling him as a witness even though he acknowledged that he would only be paid for services rendered if Plaintiffs recovered in this case, in possible violation of Rule 3.4(b) of the New York Rules of Professional Conduct. See Tagatz v. Marquette Univ., 861 F.2d 1040, 1042 (7th Cir. 1988) ("It is unethical for a lawyer to employ an expert witness on a contingent-fee basis." (citing 3 Weinstein's Evidence, Paragraph 706 (1987))); Straughter v. Raymond, No. 08-CV-2170, 2011 WL 1789987, at *2 (C.D. Cal. May 9,2011) (determining that payment of an expert witness on a contingent fee basis is a "violation[] of ethical principles"); J & J Snack Foods, Corp. v. Earthgrains Co., 220 F. Supp. 2d 358, 367 n.8 (D.N.J. 2002) ("A contingent fee arrangement with an expert witness would be unethical, and would undermine or destroy the reliability of the survey design and execution."); Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 402 (S.D.N.Y. 1989) ("[P]ayment contingent upon the outcome of this case violates [Rule 3.4(b) of the New York Rules of Professional Conduct] which prohibits contingent fees for witnesses."), aff'd in part, vacated in part, 922 F.2d 60 (2d Cir. 1990). SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/26/2018) (mml)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial completed on 6/20/2018. (Court Reporter Sabrina D'Emidio) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/11/2018. (Court Reporter Sabrina D'Emidio) (DR) |
| Filing 356 REQUEST TO CHARGE. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/7/2018. (Court Reporter Christina Arends-Dieck) (DR) |
| Filing 355 REQUEST TO CHARGE. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/6/2018. (Court Reporter Christina Arends-Dieck and Sabrina D'Emidio) (DR) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Bonita E. Zelman to RE-FILE Document #354 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 6/5/2018. ERROR(S): Wrong Case. (db) |
| Filing 354 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 6/5/2018. Document filed by Joseph Romanick.(Zelman, Bonita) Modified on 6/6/2018 (db). |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/5/2018. (Court Reporter Christina Arends-Dieck) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/4/2018. (Court Reporter Christina Arends-Dieck) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 6/1/2018. (Court Reporter Sue Ghorayeb) (DR) |
| Filing 353 TRIAL BRIEF In Opposition to Defendants' Rule 50 Motion. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 352 TRIAL BRIEF Re Admissibility of Police Radio Transmissions. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 351
ORDER: An appropriate official of the Town of Mount Pleasant is ordered to produce a Taser, Taser Cartridge, Asp, and Pepper Spray related to the trial in these actions. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/1/2018) (mml)
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| Filing 350 DECLARATION of Kenneth E. Pitcoff in Support re: #348 MOTION for Judgment as a Matter of Law .. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rosedale, Rebecca) |
| Filing 349 MEMORANDUM OF LAW in Support re: #348 MOTION for Judgment as a Matter of Law . . Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 348 MOTION for Judgment as a Matter of Law . Document filed by County of Westchester, George W. Winsman.(Rosedale, Rebecca) |
| Filing 347 REQUEST TO CHARGE. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Filing 346 TRIAL BRIEF re: Admissibility of Radio Transmissions. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/30/2018. (Court Reporter Sue Ghorayeb and Darby Ginsberg) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/31/2018. (Court Reporter Darby Ginsberg and Sue Ghorayeb) (DR) |
| Filing 345 TRIAL BRIEF in opposition to plaintiffs' letter regarding Dr. Rembar's fees. Document filed by Town of Mount Pleasant, New York, George W. Winsman.(Rosedale, Rebecca) |
| Filing 344 TRIAL BRIEF As Requested Re: Dr. Rembar Lien. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/29/2018. (Court Reporter Sue Ghorayeb) (DR) |
| Filing 343 TRIAL BRIEF in opposition to plaintiffs' letter regarding Dr. Dassa's testimony. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Filing 342 TRIAL BRIEF Regarding Expert Testimony of Dr. Dassa. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 341 TRIAL BRIEF re: testimony of Plaintiffs' parents. Document filed by George W. Winsman.(Knorr, Cristina) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/24/2018. (Court Reporter Angie Shaw-Crockett) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/23/2018. (Court Reporter Darby Ginsberg) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/22/2018. (Court Reporter Angie Shaw-Crockett) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/21/2018. (Court Reporter Darby Ginsberg) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/18/2018. (Court Reporter Angela O'Donnell) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/17/2018. (Court Reporter Angela O'Donnell and Christina Arends-Dieck) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/16/2018. (Court Reporter Angela O'Donnell) (DR) |
| Filing 340 TRIAL BRIEF re: Curative Instructions. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/14/2018. (Court Reporter Christina Arends-Dieck and Angela O'Donnell) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/15/2018. (Court Reporter Angela O'Donnell) (DR) |
| Filing 339 TRIAL BRIEF As Requested Re: Dr. Shields. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/11/2018. (Court Reporter Sabrina D'Emidio and Christina Arends-Dieck) (DR) |
| Filing 338 REQUEST TO CHARGE. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Filing 337 TRIAL BRIEF re: Deposition Testimony Use at Trial. Document filed by George W. Winsman.(Rosedale, Rebecca) |
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Filing 336
ORDER granting in part and denying in part #287 Motion in Limine; granting in part and denying in part #290 Motion in Limine; granting in part and denying in part #293 Motion in Limine; granting in part and denying in part #294 Motion in Limine. For the reasons stated on the record at the conference held before the Court on May 3, 2018 and May 7, 2018, the Motions in Limine are granted in part and denied in part. The Clerk of Court is respectfully directed to terminate the pending motions. (See 11-CV-7258 Dkt. Nos. 349, 352, 355, 357; 11-CV-7260 Dkt. Nos. 294-95, 298, 301, 303; 11-CV-7261 Dkt. Nos. 287, 290, 292; 11-CV-7262 Dkt. Nos. 282, 285, 288, 291; 11-CV-7264 Dkt. Nos. 301, 304-05, 308; 11-CV-7265 Dkt. Nos. 309, 334, 337-38, 342; 11-CV-7267 Dkt. Nos. 287, 290, 293-94.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/9/18) (yv)
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Filing 335
ORDER: An appropriate official of the Town of Mount Pleasant is ordered to produce the unloaded service weapon of Officer Aaron Hess for trial in these actions. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/10/2018) (ama)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/10/2018. (Court Reporter Sabrina D'Emidio and Christina Arends-Dieck) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial held on 5/9/2018. (Court Reporter Sabrina D'Emidio and Christina Arends-Dieck) (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Final Pretrial Conference held on 5/7/2018, Voir Dire held on 5/7/2018. Bonita Zelman and Sara AbiBoutros appeared on behalf of all Plaintiffs; Brian Sokoloff, Leo Dorfman, and David Gold appeared on behalf of Defendant Hess; James Randazzo appeared on behalf of Defendant Pleasantville; Kenneth Pitcoff, Rebecca Rosedale, and Carl Sandel appeared on behalf of Town and County Defendants. Sabrina D'Emidio and Christina Arends-Dieck served as court reporters. The Court held a final pretrial conference and ruled on motions in limine. A jury was selected. (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Jury Trial begun on 5/8/2018. Bonita Zelman and Sara AbiBoutros appeared on behalf of all Plaintiffs; Brian Sokoloff, Leo Dorfman, and David Gold appeared on behalf of Defendant Hess; James Randazzo appeared on behalf of Defendant Pleasantville; Kenneth Pitcoff, Rebecca Rosedale, and Carl Sandel appeared on behalf of Town and County Defendants. Sabrina D'Emidio and Christina Arends-Dieck served as court reporters. The Parties made opening statements. (DR) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Final Pretrial Conference held on 5/3/2018. Bonita Zelman and Sara AbiBoutros appeared on behalf of all Plaintiffs; Brian Sokoloff, Leo Dorfman, and David Gold appeared on behalf of Defendant Hess; James Randazzo appeared on behalf of Defendant Pleasantville; Kenneth Pitcoff, Rebecca Rosedale, and Carl Sandel appeared on behalf of Town and County Defendants. Christina Arends-Dieck served as court reporter. The Court held a final pretrial conference. The conference will continue on May 7, 2017. (DR) |
| Filing 334 TRIAL BRIEF as Requested. Document filed by George W. Winsman.(Rosedale, Rebecca) |
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Filing 333
MEMO ENDORSED ORDER denying #327 Motion in Limine. ENDORSEMENT: Denied as untimely. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/27/2018) (mml)
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| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Settlement Conference held on 4/27/2018. Bonita Zelman and Sara Abiboutros appearing in person on behalf of Plaintiff. Kenneth Pitkoff appearing in person on behalf of Defendant Town of Mt. Pleasant and Police Officer Winsman. Settlement not reached. Adjourned. (Court Reporter Courtflow) (aac) |
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Filing 332
MEMO ENDORSED ORDER denying [386 in 11cv7258] NOTICE OF SUPPLEMENTAL MOTION. ENDORSEMENT: Denied as untimely. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/27/2018) (mml)
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| Filing 331 DECLARATION of Kenneth E. Pitcoff in Opposition re: #324 SUPPLEMENTAL MOTION in Limine .. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Exhibit A)(Rosedale, Rebecca) |
| Filing 330 MEMORANDUM OF LAW in Opposition re: #324 SUPPLEMENTAL MOTION in Limine . . Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 329 DECLARATION of Kenneth E. Pitcoff in Support re: #327 MOTION in Limine Under Seal - Redacted.. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rosedale, Rebecca) |
| Filing 328 MEMORANDUM OF LAW in Support re: #327 MOTION in Limine Under Seal - Redacted. . Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 327 MOTION in Limine Under Seal - Redacted. Document filed by County of Westchester, George W. Winsman.(Rosedale, Rebecca) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 4/25/2018. Andrew Wilson and Debra Greenberger appeared on behalf of Plaintiff Cox; Bonita Zelman appeared on behalf of all other Plaintiffs; Brian Sokoloff and Leo Dorfman appeared on behalf of Defendant Hess; James Randazzo appeared on behalf of Defendant Pleasantville; Kenneth Pitcoff, Rebecca Rosedale, and Carl Sandel appeared on behalf of Town and County Defendants. Sue Ghorayeb served as court reporter. The Court discussed trial presentation matters with the Parties. The Court will have a final pretrial conference on May 3, 2018. (DR) |
| Filing 326 MEMORANDUM OF LAW in Support re: #324 SUPPLEMENTAL MOTION in Limine . . Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 325 DECLARATION of Bonita E. Zelman in Support re: #324 SUPPLEMENTAL MOTION in Limine .. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Ex. 1)(Zelman, Bonita) |
| Filing 324 SUPPLEMENTAL MOTION in Limine . Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 323 Objection re: #304 Proposed Voir Dire Questions Objection to Town and County Defendants Proposed Voir Dire. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 322 MEMORANDUM OF LAW in Opposition re: #293 MOTION in Limine . . Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 321 DECLARATION of Bonita E. Zelman in Opposition re: #293 MOTION in Limine .. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4)(Zelman, Bonita) |
| Filing 320 MEMORANDUM OF LAW in Opposition re: #294 MOTION in Limine . In partial opposition. Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 319 DECLARATION of Kenneth E. Pitcoff in Opposition re: #290 AMENDED MOTION in Limine Amended Notice of Motion.. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rosedale, Rebecca) |
| Filing 318 MEMORANDUM OF LAW in Opposition re: #290 AMENDED MOTION in Limine Amended Notice of Motion. . Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 317 MEMORANDUM OF LAW in Opposition re: #290 AMENDED MOTION in Limine Amended Notice of Motion. . Document filed by Aaron Hess, Village of Pleasantville, New York. (Sokoloff, Brian) |
| Filing 316 DECLARATION of Brian S. Sokoloff in Opposition re: #290 AMENDED MOTION in Limine Amended Notice of Motion.. Document filed by Aaron Hess, Village of Pleasantville, New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Sokoloff, Brian) |
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Filing 315
MEMO ENDORSEMENT on re: (310 in 7:11-cv-07261-KMK-LMS) Letter filed by Martin LaRoche, (308 in 7:11-cv-07262-KMK-LMS) Letter filed by Rebecca Gallo, (320 in 7:11-cv-07260-KMK-LMS) Letter filed by Yves Delpeche, (327 in 7:11-cv-07264-KMK-LMS) Letter filed by Daniel Parker, (314 in 7:11-cv-07267-KMK-LMS) Letter filed by Joseph Romanick, (374 in 7:11-cv-07258-KMK) Letter filed by Joseph Garcia, (362 in 7:11-cv-07265-KMK-LMS) Letter filed by Desmond Hinds. ENDORSEMENT: There will be no adjournment of this trial, so counsel may need to make whatever arrangement to proceed. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/23/2018) (mml)
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| Filing 314 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 4/22/2018 re: Plaintiffs Expert Witness. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 313 LETTER addressed to Judge Kenneth M. Karas from Kenneth E. Pitcoff dated April 18, 2018 re: Opposition to Defendant Aaron Hess' request for two juries. Document filed by County of Westchester, George W. Winsman.(Rosedale, Rebecca) |
| Filing 312 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 4/18/2018 re: Opposition to Defendant Aaron Hess' request for two juries. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 311 LETTER addressed to Judge Kenneth M. Karas from James A. Randazzo dated April 18, 2018 re: Response to Defendant Aaron Hess' request for two juries. Document filed by Village of Pleasantville, New York.(Randazzo, James) |
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Filing 310
SCHEDULING NOTICE: The below matters have been scheduled for an in-person settlement conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Friday, April 27, 2018, at 2:15 p.m., in Courtroom 520. SO ORDERED. Settlement Conference set for 4/27/2018 at 02:15 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 4/17/2018) (rj)
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| Filing 309 PROPOSED JURY INSTRUCTIONS. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Filing 308 REQUEST TO CHARGE. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Filing 307 PRETRIAL STATEMENT Plaintiff Romanick's Proposed Verdict Form. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 306 PROPOSED JURY INSTRUCTIONS. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 305 PRETRIAL STATEMENT County and Town Defendants' Proposed Verdict Sheet. Document filed by County of Westchester, George W. Winsman.(Rosedale, Rebecca) |
| Filing 304 PROPOSED VOIR DIRE QUESTIONS. Document filed by George W. Winsman.(Rosedale, Rebecca) |
| Filing 303 PROPOSED VOIR DIRE QUESTIONS. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 302
MEMO ENDORSEMENT on re: (301 in 7:11-cv-07267-KMK-LMS) Letter, filed by Aaron Hess, (347 in 7:11-cv-07265-KMK-LMS) Letter, filed by Aaron Hess, (295 in 7:11-cv-07262-KMK-LMS) Letter, filed by Aaron Hess, (361 in 7:11-cv-07258-KMK) Letter, filed by Aaron Hess, (160 in 7:11-cv-06516-KMK) Letter, filed by Aaron Hess, (297 in 7:11-cv-07261-KMK-LMS) Letter, filed by Aaron Hess, (307 in 7:11-cv-07260-KMK-LMS) Letter, filed by Aaron Hess, (314 in 7:11-cv-07264-KMK-LMS) Letter, filed by Aaron Hess. ENDORSEMENT: All other parties are to respond to this letter by 4/18/18. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/13/2018) (mml)
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| Filing 301 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated April 13, 2018 re: requesting the Court to use its inherent power to convene two juries to hear the eight combined cases the Court has consolidated into a single trial starting May 7, 2018. Document filed by Aaron Hess.(Sokoloff, Brian) |
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Filing 300
ORDER: In advance of trial of these cases, which will begin on May 7, 2018, at 9:30 A.M., the Court hereby orders the Parties to appear before Magistrate Judge Smith for an additional Settlement Conference. The Parties must be prepared to discuss all cases at the Settlement Conference. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/12/2018) (mml)
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| Filing 299 DECLARATION of Brian S. Sokoloff in Support re: #294 MOTION in Limine .. Document filed by Aaron Hess, Village of Pleasantville, New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ)(Sokoloff, Brian) |
| Filing 298 AMENDED MEMORANDUM OF LAW in Support re: #293 MOTION in Limine . Includes Table of Contents. Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 297 DECLARATION of Kenneth E. Pitcoff in Support re: #293 MOTION in Limine .. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M, #14 N, #15 O, #16 P, #17 Q, #18 R, #19 S, #20 T, #21 U, #22 V, #23 W, #24 X, #25 Y, #26 Z, #27 AA, #28 BB, #29 CC, #30 DD, #31 EE, #32 FF)(Rosedale, Rebecca) |
| Filing 296 MEMORANDUM OF LAW in Support re: #293 MOTION in Limine . . Document filed by County of Westchester, George W. Winsman. (Rosedale, Rebecca) |
| Filing 295 MEMORANDUM OF LAW in Support re: #294 MOTION in Limine . . Document filed by Aaron Hess, Village of Pleasantville, New York. (Sokoloff, Brian) |
| Filing 294 MOTION in Limine . Document filed by Aaron Hess, Village of Pleasantville, New York.(Sokoloff, Brian) |
| Filing 293 MOTION in Limine . Document filed by County of Westchester, George W. Winsman.(Rosedale, Rebecca) |
| Filing 292 AMENDED MEMORANDUM OF LAW in Support re: #290 AMENDED MOTION in Limine Amended Notice of Motion. Amended Memorandum of Law in Support of Plainitff Romanick's Motions In Limine. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 291 DECLARATION of Bonita E. Zelman in Support re: #290 AMENDED MOTION in Limine Amended Notice of Motion.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Zelman, Bonita) |
| Filing 290 AMENDED MOTION in Limine Amended Notice of Motion. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 289 MEMORANDUM OF LAW in Support re: #287 MOTION in Limine . Memorandum of Law in Support of Plaintiff Romanick's Motions in Limine. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 288 DECLARATION of Bonita E. Zelman in Support re: #287 MOTION in Limine .. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Zelman, Bonita) |
| Filing 287 MOTION in Limine . Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 286 JOINT PRETRIAL STATEMENT Joint Pretrial Order With Amended Exhibit B. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Amended Exhibit B)(Zelman, Bonita) |
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Filing 285
ORDER granting #284 Letter Motion for Extension of Time. Granted, but there will be no more extensions. So Ordered. Motions due by 4/9/2018. (Docketed in 11cv7260, 11cv7258, 11cv7261, 11cv7262, 11cv7264, 11cv7265, 11cv7267, 11cv6516) (Signed by Judge Kenneth M. Karas on 3/29/2018) (ap) Modified on 3/30/2018 (ap).
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| Filing 284 LETTER MOTION for Extension of Time To File Motions in Limine addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 3/29/2018. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 283
ORDER granting #280 LETTER MOTION for Leave to File Amended Joint Pretrial Order Exhibit B addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 3/28/2018. Document filed by Joseph Romanick. Granted. So ordered. (Signed by Judge Kenneth M. Karas on 3/28/2018) (rjm)
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| Filing 282 LETTER addressed to Judge Kenneth M. Karas from Kenneth E. Pitcoff dated March 28, 2018 re: Deposition Designations and Counter-Designations and Objections. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosedale, Rebecca) |
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Filing 281
ORDER granting #279 Letter Motion for Extension of Time to File Response/Reply. Granted. (Signed by Judge Kenneth M. Karas on 3/27/2018) (mro)
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| Filing 280 LETTER MOTION for Leave to File Amended Joint Pretrial Order Exhibit B addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 3/28/2018. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 279 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Kenneth M. Karas from Kenneth E. Pitcoff dated March 27, 2018. Document filed by County of Westchester, George W. Winsman.(Rosedale, Rebecca) |
| Filing 278 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 3/26/2018 re: Appendices of Deposition Designations to Joint Pretrial Order. Document filed by Joseph Romanick. (Attachments: #1 Appendix Plaintiffs Deposition Designations, the County and Town Defendants Objections and Counter Designations and Plaintiffs Objections and Counter Designations, #2 Appendix Plaintiffs Counter Designations and Objections to the County and Town Defendants Designations, #3 Appendix Plaintiff Brandon Coxs Objections to the County and Town Defendants Designations)(Zelman, Bonita) |
| Filing 277 FIRST LETTER addressed to Judge Kenneth M. Karas from Kenneth E. Pitcoff dated March 26, 2018 re: Deposition Designations with Objections. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5)(Rosedale, Rebecca) |
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Filing 276
ORDER granting #275 Letter Motion for Extension of Time: Granted. (Signed by Judge Kenneth M. Karas on 3/22/2018) (jwh)
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| Filing 275 LETTER MOTION for Extension of Time for the parties to provide the Court with their respective cross-designations and objections addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 3/22/18. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 274 JOINT PRELIMINARY TRIAL REPORT. Document filed by Joseph Romanick, Bonita E. Zelman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Zelman, Bonita) |
| Filing 273 JOINT PRETRIAL STATEMENT Joint Pretrial Order. Document filed by County of Westchester, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rosedale, Rebecca) |
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Filing 272
ORDER granting #271 Letter Motion for Extension of Time. Granted. So Ordered. Joint Pretrial Order due by 3/23/2018. (Docketed in 11cv6516, 11cv7258, 11cv7260, 11cv7261, 11cv7262, 11cv7264, 11cv7267, 11cv7265) (Signed by Judge Kenneth M. Karas on 3/15/2018) (ap)
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| Filing 271 LETTER MOTION for Extension of Time for the parties to provide the Court with their respective deposition designations and cross-designations addressed to Judge Kenneth M. Karas from David A. Gold dated March 15, 2018. Document filed by Aaron Hess.(Gold, David) |
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Filing 270
ORDER denying #268 Letter Motion to Adjourn Conference. Denied. As the Court made clear at the February 8, 2018 conference, this trial will not be rescheduled. All cases will proceed to trial on May 7, 2018. (Signed by Judge Kenneth M. Karas on 2/23/2018) (mro)
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| Filing 269 COUNTER LETTER MOTION to Adjourn Conference Opposition to Letter Motion to Adjourn Conference addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 2/23/2018. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 268 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Kenneth E. Pitcoff dated February 21, 2018. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Pitcoff, Kenneth) |
| Settlement Conference held on 2/12/2018. Bonita E. Zelman and Sara L. Abiboutros appearing in person on behalf of Plaintiffs Joseph Garcia, Yves Delpeche, Rebecca Gallo, Daniel Parker, Desmond Hinds, Joseph Romanick, and Martin LaRoche. Kenneth E. Pitcoff appearing in person on behalf of the Town of Mount Pleasant and City of Westchester Defendants. Settlement not reached. Adjourned. (Court Reporter Courtflow) |
| Filing 267 NOTICE OF APPEARANCE by Sara Lynn Abiboutros on behalf of Joseph Romanick. (Abiboutros, Sara) |
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Filing 266
SCHEDULING ORDER: At the Conference on February 8, 2018, the Court adopted the following schedule: Trial of these cases will begin on May 7, 2018, at 9:30 A.M. The Parties will file a joint pre-trial order by March 16, 2018. The Parties shall file motions in limine by April 2, 2018. Responses shall be submitted by April 23, 2018. Requests to charge and proposed voir dire are due by April 16, 2018. The Court will hold a final pre-trial Conference on May 3, 2018 at 10:00 A.M. Motions due by 4/2/2018. Responses due by 4/23/2018 Final Pretrial Conference set for 5/3/2018 at 10:00 AM before Judge Kenneth M. Karas. Pretrial Order due by 3/16/2018. Jury Trial set for 5/7/2018 at 09:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 2/8/2018) (mro)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 2/8/2018. O. Andrew Wilson and Debra A. Greenberger appeared on behalf of Plaintiff Brandon Cox; Bonita Zelman appeared on behalf of all other Plaintiffs; James Randazzo appeared on behalf of Defendant Village of Pleasantville; Brian Sokoloff and Leo Dorfman appeared on behalf of Defendant Hess; Kenneth E. Pitcoff appeared on behalf of remaining Defendants. Darby Ginsberg served as court reporter. The Court adopted a pretrial schedule for all cases. See Order. The Court will hold another conference on May 3, 2018 at 10:00 AM. (DR) |
| Filing 265 COUNTER LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 1/24/2018 re: Letter In Opposition To Consolidate Cases. Document filed by Joseph Romanick, Bonita E. Zelman.(Zelman, Bonita) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 1/3/2018. Bonita Zelman and Sara Boutros appeared on behalf of all Plaintiffs; James Randazzo appeared on behalf of Defendant Village of Pleasantville; Brian Sokoloff appeared on behalf of Defendant Hess; Kenneth E. Pitcoff appeared on behalf of remaining Defendants. No court reporter served. Defendants are to submit a letter by January 10, 2018 regarding the Hinds trial; Plaintiffs' response is due January 24, 2018. The Court will refer this matter to the magistrate for settlement. (DR) |
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Filing 264
AMENDED OPINION & ORDER: For the foregoing reasons, Defendants' Motions are granted in part and denied in part. Only the following claims remain as to each Plaintiff: Garcia (11-CV-7258) Federal and state malicious prosecution claims against Officer Cusano and the County of Westchester; Federal excessive force and state assault and battery claims against Officer Cusano and the County of Westchester. Delpeche (11-CV-7260) Federal and state false arrest claims against Officer Bosan and the County of Westchester. Federal and state malicious prosecution claims against Officer Bosan and the County of Westchester. Federal excessive force and state assault and battery claims against Officer Bosan and the County of Westchester. LaRoche (11-CV-7261) State assault claims against Officer Castagna and the Town of Mount Pleasant. Gallo (11-CV-7262) State assault claims against Officer Castagna and the Town of Mount Pleasant. Parker (11-CV-7264) Federal and state false arrest claims against Officer Bosan and the County of Westchester; Federal and state malicious prosecution claims against Officer Bosan and the County of Westchester; Federal excessive force and state assault and battery claims against Officer Bosan and the County of Westchester. Hinds (11-CV-7265) State assault claims against Officer Hess and the Village of Pleasantville; Federal and state false arrest claims against Officer Jacobsen and the Town of Mount Pleasant; Federal excessive force and state assault and battery claims against Officer Jacobsen and the Town of Mount Pleasant. Romanick (11-CV-7267) Federal excessive force and state assault and battery claims against Officer Winsman and the County of Westchester. All other claims are dismissed. The Court will hold a conference on January 3, 2018 at 11:00 AM to discuss the status of the cases. The Clerk of Court is respectfully directed to terminate the pending Motions. (See Dkt. No. 291, 11-CV-7258 Dkt.; Dkt. No. 244, 11-CV-7260; Dkt. No. 240, 11-CV-7261; Dkt. No. 229, 11-CV-7262; Dkt. No. 254, 11-CV-7264 Dkt.; Dkt. Nos. 254, 258, 262, 11-CV-7265; Dkt. No. 243; 11-CV-7267 Dkt.) SO ORDERED. (Conference set for 1/3/2018 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/11/2017) (mml)
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Filing 263
OPINION & ORDER re: (291 in 7:11-cv-07258-KMK-LMS) MOTION for Partial Summary Judgment; (262 in 7:11-cv-07265-KMK-LMS) MOTION for Partial Summary Judgment; (243 in 7:11-cv-07267-KMK-LMS) MOTION for Partial Summary Judgment; (229 in 7:11-cv-07262-KMK-LMS) MOTION for Summary Judgment; (240 in 7:11-cv-07261-KMK-LMS) MOTION for Summary Judgment; (254 in 7:11-cv-07265-KMK-LMS) MOTION for Summary Judgment; (254 in 7:11-cv-07264-KMK-LMS) MOTION for Partial Summary Judgment; (244 in 7:11-cv-07260-KMK-LMS) MOTION for Partial Summary Judgment: For the foregoing reasons, Defendants Motions are granted in part and denied in part. Only the following claims remain as to each Plaintiff: Garcia (11-CV-7258) Federal and state malicious prosecution claims against Officer Cusano and the Town of Mount Pleasant; Federal excessive force and state assault and battery claims against Officer Cusano and the Town of Mount Pleasant. Delpeche (11-CV-7260) Federal and state false arrest claims against Officer Bosan and the Town of Mount Pleasant. Federal and state malicious prosecution claims against Officer Bosan and the Town of Mount Pleasant. Federal excessive force and state assault and battery claims against Officer Bosan and the Town of Mount Pleasant. LaRoche (11-CV-7261) State assault claims against Officer Castagna and the Town of Mount Pleasant. Gallo (11-CV-7262) State assault claims against Officer Castagna and the Town of Mount Pleasant. Parker (11-CV-7264) Federal and state false arrest claims against Officer Bosan and the Town of Mount Pleasant; Federal and state malicious prosecution claims against Officer Bosan and the Town of Mount Pleasant; Federal excessive force and state assault and battery claims against Officer Bosan and the Town of Mount Pleasant. Hinds (11-CV-7265) State assault claims against Officer Hess and the Village of Pleasantville; Federal and state false arrest claims against Officer Jacobsen and the Town of Mount Pleasant; Federal excessive force and state assault and battery claims against Officer Jacobsen and the Town of Mount Pleasant. Romanick (11-CV-7267) Federal excessive force and state assault and battery claims against Officer Winsman and the Town of Mount Pleasant. All other claims are dismissed. The Court will hold a conference on January 3, 2018 at 11:00 AM to discuss the status of the cases. The Clerk of Court is respectfully directed to terminate the pending Motions. (See Dkt. No. 291, 11-CV-7258 Dkt.; Dkt. No. 244, 11-CV-7260; Dkt. No. 240, 11-CV-7261; Dkt. No. 229, 1 l-CV-7262; Dkt. No. 254, 11-CV-7264 Dkt.; Dkt. Nos. 254, 258, 262, 11-CV-7265; Dkt. No. 243; 11-CV-7267 Dkt.) (Party County of Westchester, Ronald Gagnon, George N. Longworth (Westchester County Dept. of Public Safety) , Russell W. Lowenstein, Louis Alagno (Town of Mount Plesant, New York Police Chief) and Ronald Beckley terminated.) (Signed by Judge Kenneth M. Karas on 11/20/2017) (jwh) Modified on 11/21/2017 (jwh). Modified on 11/27/2017 (jwh).
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| Set/Reset Hearings: Status Conference set for 1/3/2018 at 11:00 AM before Judge Kenneth M. Karas. (jwh) |
| Filing 262 NOTICE OF WITHDRAWAL AS COUNSEL: Drew W. Sumner hereby withdraws as counsel to all defendants for which he has entered a Notice of Appearance for in this matter. Attorney Drew William Sumner terminated. (Signed by Judge Kenneth M. Karas on 8/22/2017) (mml) |
| Filing 261 RESPONSE re: #256 Counter Statement to Rule 56.1 . Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Sumner, Drew) |
| Filing 260 REPLY MEMORANDUM OF LAW in Support re: #243 MOTION for Partial Summary Judgment . . Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Sumner, Drew) |
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Filing 259
ORDER granting #258 Letter Motion for Extension of Time to File Response/Reply re #243 MOTION for Partial Summary Judgment . Granted. So Ordered. (Replies due by 5/18/2017.) (Signed by Judge Kenneth M. Karas on 4/24/17) (yv)
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| Filing 258 LETTER MOTION for Extension of Time to File Response/Reply as to #243 MOTION for Partial Summary Judgment . addressed to Judge Kenneth M. Karas from Drew W. Sumner dated April 24, 2017. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
| Filing 257 MEMORANDUM OF LAW in Opposition re: #243 MOTION for Partial Summary Judgment . Memorandum of Law in Opposition to Motion for Partial Summary Judgment. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 256 COUNTER STATEMENT TO #246 Rule 56.1 Statement,. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 255 RESPONSE re: #246 Rule 56.1 Statement, Response to Rule 56.1 Statement. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 254 DECLARATION of Declaration of Bonita E. Zelman in Opposition re: #243 MOTION for Partial Summary Judgment .. Document filed by Joseph Romanick. (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b, #4 Exhibit 2c, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(Zelman, Bonita) |
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Filing 253
ORDER granting #252 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 4/12/17) (yv)
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| Set/Reset Deadlines: Responses due by 4/17/2017 (yv) |
| Filing 252 SECOND LETTER MOTION for Extension of Time to file opposition to motions for summary judgment 1-cv-7258, 11-cv-7260, 11-cv-7261, 11-cv-7262, 11-cv-7264, 11-cv-7265 and 11-cv-7267 addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 04/12/2017. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 251 LETTER addressed to Judge Kenneth M. Karas from Paula Johnson Kelly, Esq. dated March 23, 2017 re: Notice of removal as counsel for plaintiff and assertion of attorney's lien. Document filed by Joseph Romanick.(Kelly, Paula) |
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Filing 250
ORDER granting #249 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/13/17) (yv)
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| Set/Reset Deadlines: Responses due by 4/13/2017 (yv) |
| Filing 249 FIRST LETTER MOTION for Extension of Time to file opposition to motions for summary judgment in 11-cv-7258, 11-cv-7260, 11-cv-7261, 11-cv-7262, 11-cv-7264, 11-cv-7265 and 11-cv-7267 addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated March 13, 2017. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 248
SO-ORDERED STIPULATION OF PARTIAL DISCONTINUANCE: IT IS HEREBY STIPULATED, by and between the undersigned that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the actions, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the above-entitled actions are hereby discontinued in their entirety, with prejudice, as to Defendants AARON HESS, VILLAGE OF PLEASANTVILLE, NY, and VILLAGE OF PLEASANTVILLE FORMER POLICE CHIEF ANTHONY CHIARLITTI. SO ORDERED., (Aaron Hess (Police Officer), Aaron Hess, Aaron Hess (Police Officer), Village of Pleasantville, New York, Village of Pleasantville, New York, Anthony Chiarlitti (Village of Pleasantville Former Police Chief) and Anthony Chiarlitti (Village of Pleasantville Former Police Chief) terminated.) (Signed by Judge Kenneth M. Karas on 2/2/17) (yv)
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Filing 247
MEMO ENDORSEMENT granting #242 LETTER MOTION for Leave to File Excess Pages with regard to Defendants' memoranda of law in support of their motions for summary judgment in each of these seven cases addressed to Judge Kenneth M. Karas from Drew W. Sumner dated January 19, 2017. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/20/2017) (lnl)
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| Filing 246 RULE 56.1 STATEMENT. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Rosedale, Rebecca) |
| Filing 245 DECLARATION of Drew W. Sumner in Support re: #243 MOTION for Partial Summary Judgment .. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F-1, #9 Exhibit F-2, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K-1, #15 Exhibit K-2, #16 Exhibit L, #17 Exhibit M, #18 Exhibit N-1, #19 Exhibit N-2, #20 Exhibit O1, #21 Exhibit O2, #22 Exhibit O3, #23 Exhibit O4, #24 Exhibit O5, #25 Exhibit O6, #26 Exhibit P)(Rosedale, Rebecca) |
| Filing 244 MEMORANDUM OF LAW in Support re: #243 MOTION for Partial Summary Judgment . . Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Rosedale, Rebecca) |
| Filing 243 MOTION for Partial Summary Judgment . Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. Responses due by 3/23/2017(Rosedale, Rebecca) |
| Filing 242 LETTER MOTION for Leave to File Excess Pages with regard to Defendants' memoranda of law in support of their motions for summary judgment in each of these seven cases addressed to Judge Kenneth M. Karas from Drew W. Sumner dated January 19, 2017. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
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Filing 241
MEMO ENDORSEMENT on re: (288 in 7:11-cv-07258-KMK-LMS) Response to Motion, filed by Aaron Hess. ENDORSEMENT: No action is needed from the Court at this time as it relates to the issues discussed herein. So Ordered. (Signed by Judge Kenneth M. Karas on 1/6/17) (yv)
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Filing 240
MEMO ENDORSEMENT granting (286 in 11-cv-7258) Letter Motion for Extension of Time. ENDORSEMENT: Granted. So Ordered, (Motions due by 1/23/2017.) (Signed by Judge Kenneth M. Karas on 1/4/17) (yv)
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Filing 239
ORDER: At the Conference held before the Court on November 9, 2016, the Court adopted the following scheduling order: Defendants shall file their Motions for Summary Judgment by no later than January 9, 2017. Plaintiff shall file opposition papers by no later than March 9, 2017. Defendants shall file their Replies in support of their Motions by no later than March 30, 2017. Sur-reply papers will not be accepted unless prior permission of the Court is given. So Ordered. (Motions due by 1/9/2017. Responses due by 3/9/2017 Replies due by 3/30/2017.) (Signed by Judge Kenneth M. Karas on 11/10/16) (yv)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 11/9/2016. Bonita Zelman and Paula Kelly appeared on behalf of Plaintiff; Brian Sokoloff and Leo Dorfman appeared on behalf of Defendant Hess; James Randazzo appeared on behalf of Defendants Village of Pleasantville and Chiarlitti; Drew Sumner appeared on behalf of the remaining Defendants. Albi Gorn served as court reporter. The Court entered a briefing schedule. See Order. (Court Reporter Albi Gorn) (JW) |
| Filing 238 LETTER addressed to Judge Kenneth M. Karas from Bonita Zelman, Esq. dated November 7, 2016 re: In opposition to Drew Sumner's pre-conference letter for motion for summary judgment [#235]. Document filed by Joseph Romanick.(Kelly, Paula) |
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Filing 237
ORDER granting #236 Letter Motion for Extension of Time to File Response/Reply. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 11/2/16) (yv)
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| Filing 236 LETTER MOTION for Extension of Time to File Response/Reply as to #235 Letter, from Drew Sumner regarding request to move for summary judgment addressed to Judge Kenneth M. Karas from Bonita Zelman, Esq. dated November 1, 2016. Document filed by Joseph Romanick.(Kelly, Paula) |
| Filing 235 LETTER addressed to Judge Kenneth M. Karas from Drew W. Sumner dated October 28, 2016 re: Town and County Defendants' request to move for summary judgment and to address the putative motion at the November 9, 2016 pre-motion conference. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
| Filing 234 LETTER addressed to Judge Kenneth M. Karas from Bonita Zelman, Esq. dated October 24, 2016 re: In opposition to James Randazzo's pre-conference letter for motion for summary judgment [#227]. Document filed by Joseph Romanick. (Attachments: #1 Exhibit)(Kelly, Paula) |
| Filing 233 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 10-17-2016 re: Plaintiff's opposition to letter of Sokoloff's pre-motion letter dated 10-11-2016. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Transcript pages from court conference of 07-10-2012)(Zelman, Bonita) |
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Filing 232
ORDER granting #228 Letter Motion for Extension of Time to File Response/Reply to File Response/Reply opposition to the pre-motion letter of defendant Aaron Hess. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/14/16) (yv)
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Filing 231
ORDER granting #229 Letter Motion for Extension of Time to File Response/Reply to the pre-motion letter of defendants Village of Pleasantville and Anthony Chiarlitti. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/14/16) (yv)
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Filing 230
MEMO ENDORSEMENT on re: #226 Pre-Motion Letter in anticipation of filing motions for summary judgment and motions to strike plaintiffs' expert report, filed by Aaron Hess. ENDORSEMENT: The Court will take up a putative motions in the Garcia line of cases on 11/9/16, at 2:00. The conference scheduled for 11/9/16 at 11:30 will deal only with the Cox case. So Ordered., (Pre-Motion Conference set for 11/9/2016 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/13/16) (yv) Modified on 11/3/2016 (yv).
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| Filing 229 FIRST LETTER MOTION for Extension of Time to File Response/Reply to pre-motion letter of Pleasantville & Chiarlitti addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 10/13/2016. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 228 FIRST LETTER MOTION for Extension of Time to File Response/Reply to pre-motion of Hess addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 10/13/2016. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 227 LETTER addressed to Judge Kenneth M. Karas from James A. Randazzo dated 10/11/2016 re: moving for summary judgment/pre-motion conference. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York.(Randazzo, James) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James A. Randazzo to RE-FILE Document #225 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from James A. Randazzo dated 10/11/2016. Use the event type Letter found under the event list Other Documents. (db) |
| Filing 226 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated October 11, 2016 re: pre-motion letter in anticipation of filing motions for summary judgment and motions to strike plaintiffs' expert report. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 225 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from James A. Randazzo dated 10/11/2016. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York.(Randazzo, James) Modified on 10/12/2016 (db). |
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Filing 224
ORDER granting #221 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 9/16/16) (yv)
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| CASHIERS OFFICE REMARK: Fee for Santion (DE#261 in Case No. 11-CV-7258) in the amount of $2,500.00, paid on 9/15/2016, Receipt Number 465407013510. (lnl) |
| Filing 223 ANSWER to #19 Amended Complaint,. Document filed by Aaron Hess.(Sokoloff, Brian) |
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Filing 222
ORDER granting #219 Letter Motion for Extension of Time rom September 13, 2016 to September 27, 2016 to serve Rule 72 objections to the decision of Magistrate Lisa Smith filed August 30, 2016; granting #220 Letter Motion for Extension of Time rom September 13, 2016 to September 27, 2016 to serve Rule 72 objections to the decision of Magistrate Lisa Smith filed August 30, 2016. Granted. So Ordered (Signed by Judge Kenneth M. Karas on 9/9/16) (yv)
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| Filing 221 FIRST LETTER MOTION for Extension of Time withdrawal of extension request addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 09-12-2016. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 220 FIRST LETTER MOTION for Extension of Time to file Rule 72 objections addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 09-09-2016. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 219 FIRST LETTER MOTION for Extension of Time to file Rule 72 objections addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 09-09-2016. Document filed by Joseph Romanick. Return Date set for 9/13/2016 at 09:00 AM.(Zelman, Bonita) |
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Filing 218
DECISION & ORDER denying #192 Motion for Reconsideration. This Court hereby denies Ms. Zelman's motion for reconsideration, finds that Ms. Zelman has violated the New York Rules of Professional Conduct, and imposes a fine of $2,500.00 payable to the Clerk of the Court and a monetary sanction of $5,000.00 payable to counsel for Mr. Hess. (Signed by Magistrate Judge Lisa Margaret Smith on 8/30/2016) (mml)
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Filing 217
ORDER re: (80 in 7:11-cv-07262-KMK-LMS) Order on Motion for Leave to File Document, (81 in 7:11-cv-07264-KMK-LMS) Order on Motion for Leave to File Document, (81 in 7:11-cv-07265-KMK-LMS) Order on Motion for Leave to File Document, (83 in 7:11-cv-07267-KMK-LMS) Order on Motion for Leave to File Document. The Court reverses Judge Yanthis' October 28, 2013 order, and grants Plaintiffs leave to file their Second Amended Complaint. To the extent that Jacobsen and Castagna wish to assert the arguments regarding futility made in the Opposition to Plaintiff's Motion in a future motion to dismiss, they are permitted to do so. So Ordered. (Signed by Judge Kenneth M. Karas on 7/27/2016) (yv)
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Filing 216
ORDER: The presumptive limit for a deposition is seven (7) hours. Any such application for a longer deposition should have been made well before the seventh hour of the deposition on the last day of expert discovery. Plaintiff's objection is therefore sustained. If Defendants' counsel wish to argue that the witness's obfuscation to relevant questions caused undue delay, they may request an expedited transcript and make that argument in seeking to reopen the deposition. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 7/1/2016) (See ORDER as set forth) (lnl)
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| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 6/30/2016, Bonita Zelman and Paula Johnson Kelly appearing by telephone for Plaintiff, Debra Greenberger appearing by telephone for Cox, Diana Mauro appearing by telephone for Defendant Village of Pleasantville, Brian Sokoloff and David Gold appearing by telephone for Defendant Hess, and Drew Sumner appearing by telephone for the Town of Mount Pleasant and the County of Westchester. Discovery dispute resolved. Adjourned. (Levy, Orrie) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 6/24/2016, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants. Any further discovery issues must be raised by 8/19/2016. Adjourned. (Court Reporter courtflow) (Levy, Orrie) |
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Filing 215
DECISION & ORDER denying #179 Motion for Sanctions. For the foregoing reasons, Defendant's motions are denied. However, pursuant to 28 U.S.C. 1927, Plaintiffs' counsel is directed to pay $1,000.00 to Defendant Hess's counsel. The Clerk of the Court is respectfully requested to terminate Defendants' motions: Garcia, ECF No. 206; Delpeche, ECF No. 177; LaRoche, ECF No. 171; Gallo, ECF No. 160; Parker, ECF No. 180; Hinds, ECF No. 179; Romanick, ECF No. 179. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 6/21/2016) (mml)
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Filing 214
ORDER granting #213 Letter Motion for Extension of Time to depose plaintiffs' police liability expert, Reginald Allard, to June 30, 2016. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa)
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| Filing 213 LETTER MOTION for Extension of Time to depose plaintiffs' police liability expert addressed to Magistrate Judge Lisa M. Smith from Brian S. Sokoloff dated June 16, 2016. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 212 REPLY MEMORANDUM OF LAW in Support re: #179 MOTION for Sanctions Due to Spoliation of Evidence. . Document filed by Aaron Hess. (Sokoloff, Brian) |
| Filing 211 DECLARATION of Brian S. Sokoloff in Support re: #179 MOTION for Sanctions Due to Spoliation of Evidence.. Document filed by Aaron Hess. (Attachments: #1 Exhibit CC)(Sokoloff, Brian) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 4/28/2016, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, Caitlin Scheir appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff appearing in person for Defendant Hess, and Courtney Chenette appearing in person for all other Defendants. Adjourned to 6/24/2016 at 12:00 PM for an in person status conference. (Status Conference set for 6/24/2016 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.). (Court Reporter courtflow) (Levy, Orrie) |
| Filing 210 SEALED DOCUMENT placed in vault.(wc) |
| Filing 209 DECLARATION of Bonita E Zelman in Opposition re: #179 MOTION for Sanctions Due to Spoliation of Evidence.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Exhibits A,B,C,D,E, #2 Exhibit Exhibits F,G, #3 Exhibit Exhibits H,I,J,K, #4 Exhibit Exhibits L, #5 Exhibit Exhibits M,N,O,P)(Zelman, Bonita) |
| Filing 208 SECOND MEMORANDUM OF LAW in Opposition re: #179 MOTION for Sanctions Due to Spoliation of Evidence. . Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 207 BRIEF re: #206 Brief re Reply to Post-Hearing Submission. Document filed by Aaron Hess. (Attachments: #1 Exhibit J-K to Reply Brief)(Sokoloff, Brian) |
| Filing 206 BRIEF re- post hearing submission. Document filed by Bonita E. Zelman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ross, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 3/17/2016, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, Caitlin Scheir appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants. Plaintiff may submit a supplemental submission including a factual declaration and memorandum of law by 4/18/2016. Defendants' response, if any, is due by 5/2/2016. Adjourned. (Court Reporter courtflow) (Levy, Orrie) |
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Filing 205
ORDER granting #204 Letter Motion for Extension of Time such that post-hearing brief is due April 5, 2016, and opposition brief is due April 15, 2016. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa)
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| Filing 204 CONSENT LETTER MOTION for Extension of Time to submit the post-hearing brief addressed to Magistrate Judge Lisa M. Smith from Michael S. Ross dated March 14, 2016. Document filed by Bonita E. Zelman.(Ross, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 3/10/2016, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants. Adjourned to 3/17/2016 at 10:00 AM for an in person status conference. (Status Conference set for 3/17/2016 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (Levy, Orrie) |
| Filing 203 BRIEF re- post hearing submission. Document filed by Aaron Hess. (Attachments: #1 Exhibit A-I)(Sokoloff, Brian) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 2/25/2016, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants. Defendant Hess's request for belated production of additional expert is granted. Defendant Hess's request to strike the latterly-produced Plaintiff's expert reports is denied. Defendant Hess's newly named expert to produce his expert report by 04/04/2016; Plaintiff's response to that report to be produced by 04/18/2016. Expert deposition deadline for those experts relating to accident reconstruction and police procedure is 05/20/2016. All other expert depositions to be completed by 04/01/2016. Adjourned to 4/28/2016 at 11:30 AM for an in-person status conference. (Status Conference set for 4/28/2016 at 11:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (Levy, Orrie) |
| Filing 202 LETTER addressed to Magistrate Judge Lisa M. Smith from Brian S. Sokoloff dated February 22, 2016 re: request to strike plaintiffs' three new expert reports unless Court (a) grants previous request to serve expert rebuttal report and (b) provides sufficient time for our rebuttal expert to prepare report and sufficient time for us to depose plaintiffs' expert. Document filed by Aaron Hess. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sokoloff, Brian) |
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Filing 201
ORDER granting #200 Letter Motion for Extension of Time, so Defendants post hearing submission is due by March 1, 2016; Ms. Zelmans submission is due by March 22, 2016; and Defendants reply is due by April 1, 2016. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa)
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| Filing 200 CONSENT LETTER MOTION for Extension of Time to file our post-hearing brief addressed to Magistrate Judge Lisa M. Smith from Brian S. Sokoloff dated February 11, 2016. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 199 LETTER MOTION for Extension of Time to serve rebuttal expert report addressed to Magistrate Judge Lisa M. Smith from Brian S. Sokoloff dated January 21, 2016. Document filed by Aaron Hess. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sokoloff, Brian) |
| Filing 198 REPLY to Response to Motion re: #192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling. . Document filed by Bonita E. Zelman. (Ross, Michael) |
| Filing 197 DECLARATION of Michael S. Ross in Support re: #192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling.. Document filed by Bonita E. Zelman. (Ross, Michael) |
| Filing 196 MEMORANDUM OF LAW in Opposition re: #192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling. . Document filed by Aaron Hess. (Sokoloff, Brian) |
| Filing 195 DECLARATION of Brian S. Sokoloff in Opposition re: #192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling.. Document filed by Aaron Hess. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sokoloff, Brian) |
| Filing 194 MEMORANDUM OF LAW in Support re: #192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling. . Document filed by Bonita E. Zelman. (Ross, Michael) |
| Filing 193 DECLARATION of Michael S. Ross in Support re: #192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling.. Document filed by Bonita E. Zelman. (Ross, Michael) |
| Filing 192 MOTION for Reconsideration of the Court's December 16, 2015 oral ruling. Document filed by Bonita E. Zelman.(Ross, Michael) |
| Filing 191 LETTER addressed to Magistrate Judge Lisa M. Smith from Michael S. Ross dated December 24, 2015 re: December 16, 2015 Hearing. Document filed by Bonita E. Zelman. (Attachments: #1 Affidavit)(Ross, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 12/16/2015, Bonita Zelman appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants. Adjourned to 2/25/2016 at 10:00 AM for an in-person status conference. (Status Conference set for 2/25/2016 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (Levy, Orrie) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Evidentiary Hearing held on 12/16/2015, Michael Ross and Eugene Gormakh appearing in person for Bonita Zelman and Brian Sokoloff and David Gold appearing in person for Defendant Hess. James Randazzo, Drew Sumner and Michael Sussman also appearing in person. Counsel for Hess to submit any post-hearing submission by 2/16/2016. Response by counsel for Ms. Zelman to be submitted by 3/08/2016. Reply by counsel for Hess, if any, is to be submitted by 3/18/2016. Adjourned. (Court Reporter Courtflow/Angela O'Donnell) (Levy, Orrie) Modified on 12/18/2015 (ldr). |
| Filing 190 NOTICE OF APPEARANCE by Eugene Alexander Gormakh on behalf of Bonita E. Zelman. (Gormakh, Eugene) |
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Filing 189
ORDER granting #188 Letter Motion for Extension of Time to Complete Discovery (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa)
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| Filing 188 CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Lisa M. Smith from Drew W. Sumner dated 11/13/2015. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
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Filing 187
ORDER granting #186 Letter Motion for Extension of Time to Complete Discovery;Deadline for defendants expert reports extended to December 4, 2015; All rebuttal expert reports due by January 22, 2016; Deadline for all supplemental expert reports extended to February 22, 2016; and Deadline for all expert depositions extended to March 22, 2016. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa)
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| Filing 186 CONSENT LETTER MOTION for Extension of Time to Complete Discovery with regard to expert discovery deadlines, only addressed to Magistrate Judge Lisa M. Smith from Brian S. Sokoloff dated November 12, 2015. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 185 REPLY MEMORANDUM OF LAW in Support re: #179 MOTION for Sanctions Due to Spoliation of Evidence. . Document filed by Aaron Hess. (Sokoloff, Brian) |
| Filing 184 DECLARATION of Brian S. Sokoloff in Support re: #179 MOTION for Sanctions Due to Spoliation of Evidence.. Document filed by Aaron Hess. (Attachments: #1 Exhibit W - BB)(Sokoloff, Brian) |
| Filing 183 MEMORANDUM OF LAW in Opposition re: #179 MOTION for Sanctions Due to Spoliation of Evidence. . Document filed by Joseph Romanick. (Kelly, Paula) |
| Filing 182 DECLARATION of Bonita E. Zelman, Esq. in Opposition re: #179 MOTION for Sanctions Due to Spoliation of Evidence.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, B & C)(Kelly, Paula) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 10/19/2015, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and Leo Dorfman appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants. Adjourned to 12/16/2015 at 10:00 AM for an in-person status conference. (Status Conference set for 12/16/2015 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (Levy, Orrie) |
| Filing 181 MEMORANDUM OF LAW in Support re: #179 MOTION for Sanctions Due to Spoliation of Evidence. . Document filed by Aaron Hess. (Sokoloff, Brian) |
| Filing 180 DECLARATION of Brian S. Sokoloff in Support re: #179 MOTION for Sanctions Due to Spoliation of Evidence.. Document filed by Aaron Hess. (Attachments: #1 Exhibit 1 of 7, #2 Exhibit 2 of 7, #3 Exhibit 3 of 7, #4 Exhibit 4 of 7, #5 Exhibit 5 of 7, #6 Exhibit 6 of 7, #7 Exhibit 7 of 7)(Sokoloff, Brian) |
| Filing 179 MOTION for Sanctions Due to Spoliation of Evidence. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 9/11/2015, Bonita Zelman and Paula Johnson Kelly appearing by telephone for Plaintiff, Diana Mauro appearing by telephone for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing by telephone for Defendant Hess, and Drew Sumner appearing by telephone for all other Defendants. Deposition dispute resolved. Adjourned. (Levy, Orrie) |
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Filing 178
ORDER: The letter motion filed in Garcia v. County of Westchester, et al., 11cv7258 (KMK)(LMS), docket entry #198, is denied for the reasons set forth herein, and the Clerk is directed to terminate the motion. The letter motion is deemed filed in each of the other cases captioned at the head of this Order, and this Order shall be docketed in each of the cases so captioned. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. (Signed by Magistrate Judge Lisa Margaret Smith on 9/11/2015) (mml)
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Filing 177
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Bonita E. Zelman substitutes Michael S. Ross as counsel of record in place of Barry R. Temkin, Esq., and Daniel Markewich., Esq. SO ORDERED. Attorney Michael Steven Ross for Bonita E. Zelman added. (Signed by Magistrate Judge Lisa Margaret Smith on 9/11/2015) (mml)
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| Set/Reset Deadlines: Motions due by 10/1/2015. (mml) |
| Filing 176 LETTER addressed to Magistrate Judge Lisa M. Smith from Brian S. Sokoloff dated September 10, 2015 re: In Response to Ms. Zelman's Letter Dated September 8, 2015. Document filed by Aaron Hess. (Attachments: #1 Attached transcript pages)(Sokoloff, Brian) |
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Filing 175
MEMO ENDORSEMENT on #172 LETTER addressed to Judge Kenneth M. Karas from Barry R. Temkin dated 9/9/15 re: requesting to be removed as an attorney of record and from electronic notification list. ENDORSEMENT: SO ORDERED. (Attorney Barry R. Temkin terminated) (Signed by Judge Kenneth M. Karas on 9/10/2015) (lnl)
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Filing 174
MEMO ENDORSEMENT on #173 LETTER addressed to Judge Kenneth M. Karas from Daniel Markewich dated 9/9/15 re: requesting to be removed as an attorney of record and from electronic notification list. ENDORSEMENT: SO ORDERED. (Attorney Daniel Markewich terminated) (Signed by Judge Kenneth M. Karas on 9/10/2015) (lnl)
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| Filing 173 LETTER addressed to Judge Kenneth M. Karas from Daniel Markewich dated 9/9/15 re: requesting to be removed as an attorney of record and from electronic notification list. Document filed by Bonita E. Zelman.(Markewich, Daniel) |
| Filing 172 LETTER addressed to Judge Kenneth M. Karas from Barry R. Temkin dated 9/9/15 re: requesting to be removed as an attorney of record and from electronic notification list. Document filed by Bonita E. Zelman.(Temkin, Barry) |
| Filing 171 NOTICE of Substitution of Attorney. Old Attorney: Barry R. Temkin and Daniel Markewich, New Attorney: Michael S. Ross, Address: Law Offices Of Michael S. Ross, 60 East 42nd Street, Suite 4700, New York, New York, United States 10165, 212-505-4060. Document filed by Bonita E. Zelman. (Ross, Michael) |
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Filing 170
ORDER: Having been provided with no sworn statements from witnesses attesting to the alleged facts which may allow the Court to make a determination on whether Ms. Zelman or her staff may have violated the Rules of Professional Conduct, the Court ordered on August 6, 2015, that an evidentiary hearing will be held before the undersigned on December 16, 2015, at 10:00 am for this purpose. This Order serves to clarify the purpose and format of the December 16, 2015, evidentiary hearing. The purpose of the hearing will be for the Court to ascertain facts regarding the allegations set forth in the December 16, 2013, and January 5, 2014, letters so that a determination can be made on whether Ms. Zelman or her staff violated Rule 4.1, 4.2, 8.4(a), or 8.4(c) of the New York Rules of Professional Conduct, and whether a referral to the Grievance Committee is therefore warranted. Counsel for Defendant Hess has the burden to demonstrate, through presentation of sworn testimony and other admissible evidence, that an ethical violation was committed. Ms. Zelman, either personally or through counsel, may also present evidence, through sworn testimony and other admissible evidence pertaining to the facts underlying the allegations, but she is not required to present such evidence. Any other party may request an opportunity to present additional evidence, but such evidence will be permitted only if the Court is satisfied, based on a proffer by counsel, that such proposed evidence is relevant to any issue in the hearing. This hearing is for the determination of relevant facts only. Expert testimony or opinions will not be allowed. If the Court finds it necessary and appropriate to permit post-hearing briefing on any relevant issue, then a schedule will be set for such briefing. SO ORDERED. (Evidentiary Hearing set for 12/16/2015 at 10:00 AM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 8/28/2015) (mml)
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| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 08/24/2015, Bonita Zelman appearing by telephone for Plaintiff, Diana Mauro appearing by telephone for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing by telephone for Defendant Hess, and Drew Sumner appearing by telephone for all other Defendants. Deposition dispute resolved. Adjourned. (ldr) |
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Filing 169
ORDER: Upon letter motion filed by the County of Westchester and Mount Pleasant defendants filed on July 31, 2015, and oral argument on the motion at a status conference held on August 6, 2015, it is hereby ordered that Dr. James Rembar, 510 North Broadway, White Plains, New York 10603 is to appear for a deposition on either September 11, 2015 or October 2, 2015, depending on Dr. Rembar's availability. No later than one week prior to the deposition date Dr. James Rembar is to provide to the County of Westchester and Town of Mount Pleasant Defendants copies of all treatment records of Plaintiffs Joseph Garcia, Desmond Hinds, Yves Delpeche, Daniel Parker and Joseph Romanick from April 2013 through December 2013. (Signed by Magistrate Judge Lisa Margaret Smith on 8/24/2015) (mml)
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Filing 168
ORDER: The deposition of Ms. Costanzo shall continue on this date, August 24, 2015. Furthermore, Ms. Costanzo's deposition and all future depositions in the above-captioned matters shall be conducted in full compliance with Rule 30(c)(2). Thus, if counsel wishes to interpose an objection during the deposition, counsel shall say "objection," to be followed by no more than three words. Thus, for example, one could say "objection, asked and answered," or "objection, irrelevant," or "objection, mischaracterization of testimony," or any similar objection, based on the Rules of Evidence. There is no need for opposing counsel to respond to such an objection, therefore counsel shall not respond, and the witness shall be allowed to answer such a question. If counsel wishes to direct the witness not to answer on the grounds of privilege, then counsel shall say "objection, privilege, don't answer." Any other direction not to answer pursuant to Rule 30 shall be made as follows: "objection, don't answer, call the court." If counsel wishes to obtain a judicial ruling on any other matter, counsel shall say "objection, call the Court." Counsel shall not discuss, argue, or otherwise delay the deposition in any way. In the event that counsel cannot restrain themselves, any counsel found to have violated this Order shall be subject to a sanction in an amount of up to $50 per word, payable to the Clerk of the Court, for such violation. Such sanction will be personal to counsel, and will not be passed along to the client. Such sanction will be interposed upon the submission by any party of a final transcript reflecting such violation of this Order. Attorney's fees shall not be awarded to the party making such a submission. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 8/24/2015) (mml)
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Filing 167
ORDER TO SHOW CAUSE: ORDERED, that Ms. Taliza Costanzo appear for her deposition at the Law Offices of Gaines, Novick, Ponzini, Cossu & Venditti LLP, located at 11 Martine Avenue, 8th Floor, White Plains, New York 10606, on Aug. 24, 2015 at 10:00am; and it is further ORDERED, that if Ms. Taliza Costanzo fails to appear for her deposition at the above listed date and time, defense counsel will electronically file a letter with the Court notifying it of Ms. Costanzo's failure to appear by 10:30am; and it is further ORDERED, that if Ms. Taliza Costanzo fails to appear for her deposition at the above listed date and time, she is directed to appear before this Court on Sept. 2, 2015 at 2:00pm and show cause why she should not be held in contempt and/or further sanctioned in accordance with Fed. R. Civ. P. 45(e), including but not limited to, being required to pay the costs associated with her failure to appear, including attorney's fees, a fine payable to the Court, a finding of civil contempt, which could include an even greater monetary sanction, and/or criminal contempt, which could include arrest and custody until the contempt could be vitiated; and it is further ORDERED, that defense counsel is directed to serve Ms. Taliza Costanzo with a copy of this Order forthwith by first-class mail and overnight mail and to file proof of service by ECF. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 8/6/2015) (mml)
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| Set/Reset Deadlines: Deposition due by 8/24/2015. (mml) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 08/06/2015, Bonita Zelman and Paula Johnson Kelly appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Brian Sokoloff and David Gold appearing in person for Defendant Hess, and Drew Sumner appearing in person for all other Defendants.Defendants' depositions of Dr. Palo and Dr. Rembar to proceed as discussed; see transcript for details. Defendants are precluded from deposing Dr. Katzman and Dr. Patterson Marshall. Defendants' to proceed through filing a formal motion with regard to spoliation issue. Hearing on alleged misconduct issue scheduled for 12/16/2015 at 10:00 AM. Counsel for County & Town to coordinate IME dates with Plaintiffs' counsel. Adjourned to 10/19/2015 at 10:30 AM for an in-person status conference.(Evidentiary Hearing set for 12/16/2015 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith; Show Cause Hearing set for 09/02/2015 at 02:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith; Status Conference set for 10/19/2015 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr) |
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Filing 166
ORDER: Therefore, in order to assure that Ms. Costanzo is properly on notice that she may be the subject of sanctions if she does not appear for a deposition, the date of which will be scheduled at the upcoming conference before the undersigned scheduled for August 6, 2013, and in order to assure that Ms. Costanzo is fully aware of the sanctions that may be imposed, including contempt, I am requiring Counsel for Defendant Hess to prepare an Order to Show Cause incorporating notice of sanctions which may be imposed by the Court if she fails to appear at a court-ordered deposition, and the possible array of sanctions (which, for a non-party, would include payment of costs associated with her failure to appear including attorney's fees, a fine payable to the Court, a finding of civil contempt, which could include an even greater monetary sanction, and criminal contempt, which could include being arrested and held in custody until the contempt could be vitiated). The Order to Show Cause shall also allow Ms. Costanzo to avoid any such sanction by appearing voluntarily for her deposition on a date certain, in accordance with the law. In the event that the Order to Show Cause is not successful in obtaining Ms. Costanzo's presence for her deposition on a date certain, then, upon submission of an appropriate affirmation incorporating the facts set forth in Mr. Sokoloff's letter and any relevant additional facts, the undersigned will certify such facts to Judge Karas for appropriate action. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 7/30/2015) (mml)
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Filing 165
ENDORSED LETTER addressed to Magistrate Judge Lisa M. Smith from Michael H. Sussman dated 7/1/2015 re: Counsel requests an adjournment of the current dates governing expert discovery by two weeks each. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 7/1/2015) (mml)
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Filing 164
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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Kenneth M. Karas on 6/17/2015) (lnl)
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| Filing 163 NOTICE OF APPEARANCE by Rebecca June Rosedale on behalf of Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Rosedale, Rebecca) |
| Filing 162 NOTICE OF APPEARANCE by Barry M. Viuker on behalf of Town of Mount Pleasant, New York. (Viuker, Barry) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 04/23/2015, Robert Barnett, Bonita Zelman, Paula Johnson Kelly, and Stanislav Sharovskiy appearing in person for Plaintiff, James Randazzo appearing in person for Defendants Village of Pleasantville and Chiarlitti, Leo Dorfman and Brian Sokoloff appearing in person for Defendant Hess, and Kenneth Pitcoff and Drew Sumner appearing in person for all other Defendants. Deadline for completing depositions of treating persons and entities is 07/17/2015. By 07/01/2015, Plaintiffs to identify experts, separate as to each Plaintiff, providing all information as required by Rule 26 (except expert report); also by this date, Plaintiffs to identify all treating physicians who will testify pursuant to Rule 26(a)(2)(C), separate as to each Plaintiff. Plaintiffs' expert reports and Rule 26(a)(2)(C) statements due by 09/11/2015. By 10/02/2015, Defendants to identify experts and any Rule 26(a)(2)(C) witnesses, providing all information as required by Rule 26 (except reports and/or 26(a)(2)(C) statements). Defendants' expert reports and any Rule 26(a)(2)(C) statements due by 10/30/2015. By 12/18/2015, all expert depositions and any secondary depositions for treating physicians to be completed. By 01/18/2016, all parties to submit any supplemental expert reports. Adjourned to 08/06/2015 at 11:00 AM for an in-person status conference.(Status Conference set for 08/06/2015 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr) |
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Filing 161
SCHEDULING ORDER: The matters of Garcia v. County of Westchester et al., Delpeche v. County of Westchester et al., Parker v. County of Westchester et al., Hinds v. County of Westchester et al., and Romanick v. County of Westchester et al. have been re-scheduled from an in-person status conference on Wednesday, April 15, 2015, at 11:30 A.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Thursday, April 23, 2015, at 12:00 P.M. in Courtroom 520. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 4/13/2015) (mml)
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| Filing 160 SCHEDULING NOTICE: The matters of Garcia v. County of Westchester et al., Delpeche v. County of Westchester et al., Parker v. County of Westchester et al., Hinds v. County of Westchester et al., and Romanick v. County of Westchester et al. have been scheduled for an in-person status conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Wednesday, April 15, 2015, at 11:30 A.M. in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 4/7/2015) (mml) |
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Filing 159
ORDER: On December 18, 2013, discovery in the following cases was stayed pending resolution of Plaintiffs' Motions to Disqualify defense counsel in Garcia v. County of Westchester, et.al., 11-CV -7258, Delpeche v. County of Westchester, et.al., 11-CV -7260, LaRoche v. County of Westchester et.al., 11-CV -7261, Gallo v. County of Westchester, eta!., 11-CV -7262, Parker v. County of Westchester, et.al., 11-CV -7264, Hinds v. County of Westchester, et.al., 11-CV -7265, and Romanick v. County of Westchester, et.al., 11-CV -7267, and Defendants' Motions to Disqualify Plaintiffs' counsel in Garcia, Delpeche, Parker, Hinds, and Romanick. (See Hr'g Tr. 41-43 (Dec. 18, 2013) (Garcia Dkt. No. 138).) These Motions having been resolved by Orders of Magistrate Judge Lisa Smith dated February 27,2015 and March 5, 2015, and no Party having objected to these Orders, the Court orders that the stay on discovery in these cases be lifted. (See Garcia (Dkt. Nos. 165, 167).) (Signed by Judge Kenneth M. Karas on 3/23/2015) (rj)
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| Filing 158 NOTICE OF APPEARANCE by Kenneth Ethan Pitcoff on behalf of Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Pitcoff, Kenneth) |
| Filing 157 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman, Esq. dated 03/17/2015 re: Affidavits. Document filed by Joseph Romanick. (Attachments: #1 Affidavit Joseph Garcia, #2 Affidavit Yves Delpeche, #3 Affidavit Martin LaRoche, #4 Affidavit Rebecca Gallo, #5 Affidavit Daniel Parker, #6 Affidavit Desmond Hinds, #7 Affidavit Joseph Romanick)(Zelman, Bonita) |
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Filing 156
ORDER: The Court received ex parte a letter dated March 11, 2015, from Mr. Drew Sumner, counsel representing Defendant Ronald Gagnon. The letter requests an extension of time for Defendant Gagnon to comply with the Court's February 27, 2015, Order. Mr. Sumner represents that the letter was not copied to other counsel in the matter and not filed on ECF for the purpose of protecting confidential information. The Court rejects this ex parte submission and orders counsel for Defendant Gagnon to file on ECF a letter motion requesting permission to file in camera the request for an extension. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 3/16/2015) (mml)
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Filing 155
DECISION & ORDER denying #139 Motion to Disqualify Counsel.. Defendants' joint motion to disqualify Zelman as Plaintiffs' counsel is therefore denied without prejudice to renewal. Plaintiffs are directed to submit affidavits to this Court, no later than two weeks from the date of the filing of this Decision & Order, affirming that they have read this Decision & Order, are aware of the potential disqualification of Zelman at trial, and wish to continue with Zelman's current representation. Plaintiffs are to further affirm in their affidavits that they understand that, in electing to forego calling Zelman to testify as a witness at trial, Plaintiffs will not have the benefit of Zelman's testimony to refute any evidence that Defendants may seek to introduce on the issue of Zelman's alleged involvement in Plaintiffs' failure to mitigation damages. Plaintiffs' affidavits should be submitted to this Court within fourteen days of the filing of this decision. Additionally, the parties are prohibited from using the portion of Dapolito's deposition transcript where Zelman questioned Dapolito about his interactions with Zelman. The parties may retake Dapolito's deposition on the limited topic of Dapolito's interactions with Zelman as relevant to Defendant's defense that Plaintiffs failed to mitigate their damages. Zelman will not be allowed to participate in this deposition, but Plaintiffs may be represented by co-counsel. The costs of this deposition shall be borne by the Plaintiffs in the above-captioned matters. The Clerk of the Court is respectfully directed to terminate the following motions: 11cv7258, ECF No. 148, 11cv7260, ECF No. 137, 11cv7264, ECF No. 140, 11cv7265, ECF No. 138, 11cv7267, ECF No. 139. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 3/5/2015) (mml)
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Filing 154
DECISION & ORDER: Plaintiffs' motions to disqualify Gaines Novick, Sokoloff Stern, and Morris Duffy in the above-captioned matters are denied without prejudice to renewal should any conflicts arise at a later stage in this litigation. The parties are to submit affidavits as instructed above no later than two weeks from the date of the filing of this Decision & Order. The Clerk of the Court is respectfully directed to terminate the following motions: 11cv7258, Docket Entry #s 145, 151, 154; 11cv7260, Docket Entry #s 134, 140, 143; llcv7261, Docket Entry #s 137, 140, 143; llcv7262, Docket Entry #s 127, 130, 133; 1lcv7264, Docket Entry #s 137, 143, 146; 1lcv7265, Docket Entry #s 135, 141, 144; llcv7267, Docket Entry #s 136, 142, 145. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 2/27/2015) (Motions Terminated) (lnl)
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| Filing 153 MEMORANDUM OF LAW in Opposition re: #139 MOTION to Disqualify Counsel Bonita E. Zelman.. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 152 MEMORANDUM OF LAW in Opposition re: #142 MOTION to Disqualify Counsel Gaines, Novick, Ponzini, Cossu & Venditti, LLP.. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York. (Randazzo, James) |
| Filing 151 MEMORANDUM OF LAW in Opposition re: #136 MOTION to Disqualify Counsel Morris Duffy Alonso & Faley.. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Sumner, Drew) |
| Filing 150 AFFIRMATION of Drew W. Sumner in Opposition re: #136 MOTION to Disqualify Counsel Morris Duffy Alonso & Faley.. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Sumner, Drew) |
| Filing 149 DECLARATION of Professor Bruce A. Green in Opposition re: #139 MOTION to Disqualify Counsel Bonita E. Zelman.. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 148 AFFIRMATION of Bonita E. Zelman, Esq. in Opposition re: #139 MOTION to Disqualify Counsel Bonita E. Zelman.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV)(Zelman, Bonita) |
| Filing 147 MEMORANDUM OF LAW in Support re: #145 MOTION to Disqualify Counsel Sokoloff Stern LLP.. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 146 AFFIRMATION of Bonita E. Zelman, Esq. in Support re: #145 MOTION to Disqualify Counsel Sokoloff Stern LLP.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit E, #4 Exhibit F)(Zelman, Bonita) |
| Filing 145 MOTION to Disqualify Counsel Sokoloff Stern LLP. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 144 MEMORANDUM OF LAW in Support re: #142 MOTION to Disqualify Counsel Gaines, Novick, Ponzini, Cossu & Venditti, LLP.. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 143 AFFIRMATION of Bonita E. Zelman, Esq. in Support re: #142 MOTION to Disqualify Counsel Gaines, Novick, Ponzini, Cossu & Venditti, LLP.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zelman, Bonita) |
| Filing 142 MOTION to Disqualify Counsel Gaines, Novick, Ponzini, Cossu & Venditti, LLP. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 141 MEMORANDUM OF LAW in Support re: #139 MOTION to Disqualify Counsel Bonita E. Zelman.. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Sumner, Drew) |
| Filing 140 AFFIRMATION of Carl S. Sandel in Support re: #139 MOTION to Disqualify Counsel Bonita E. Zelman.. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Sumner, Drew) |
| Filing 139 MOTION to Disqualify Counsel Bonita E. Zelman. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
| Filing 138 MEMORANDUM OF LAW in Support re: #136 MOTION to Disqualify Counsel Morris Duffy Alonso & Faley.. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 137 AFFIRMATION of Bonita E. Zelman, Esq. in Support re: #136 MOTION to Disqualify Counsel Morris Duffy Alonso & Faley.. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit L, #10 Exhibit M, #11 Exhibit N, #12 Exhibit O, #13 Exhibit P, #14 Exhibit Q, #15 Exhibit R, #16 Exhibit S, #17 Exhibit T, #18 Exhibit U, #19 Exhibit V)(Zelman, Bonita) |
| Filing 136 MOTION to Disqualify Counsel Morris Duffy Alonso & Faley. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 135
ORDER granting #132 Motion for Robert Stephen Barnett to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 1/28/2014) (Karas, Kenneth)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #132 MOTION for Robert Stephen Barnett, Esq. to Appear Pro Hac Vice as Of Counsel to Bonita E. Zelman, Esq.. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 134
MEMO ENDORSEMENT on #133 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated January 16, 2014 re: Request for Pro Hac Vice Filing Fee Waiver. ENDORSEMENT: Application of Mr. Barnett to be admitted pro hac vice on all the above-listed cases, without payment of the fee in each case, is granted. So Ordered. (Signed by Judge Kenneth M. Karas on 1/17/2014) (lnl)
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| Filing 133 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated January 16, 2014 re: Request for Pro Hac Vice Filing Fee Waiver. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 132 MOTION for Robert Stephen Barnett, Esq. to Appear Pro Hac Vice as Of Counsel to Bonita E. Zelman, Esq.. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Romanick.(Zelman, Bonita) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #131 MOTION for Robert Stephen Barnett, Esq. to Appear Pro Hac Vice as Of Counsel to Bonita E. Zelman, Esq.. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid.Missing Certificate of Good Standing. Certificate of Good Standing Must be issued from the Supreme Court if Virginia with Clerk of Court Signature Please put one case number on your documents. Re-file the document as a Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) |
| Filing 131 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert Stephen Barnett, Esq. to Appear Pro Hac Vice as Of Counsel to Bonita E. Zelman, Esq.. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Romanick.(Zelman, Bonita) Modified on 1/13/2014 (wb). |
| Filing 130 LETTER addressed to Judge Kenneth M. Karas from Daniel Markewich dated 1/6/14 re: response to 1/5/14 letter. Document filed by Bonita E. Zelman.(Markewich, Daniel) |
| Filing 129 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated January 5, 2014 re: Reply to letters to the Court from Bonita Zelman, Docket Sheet Entries 120, 121, 123, 125. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 128 SEALED DOCUMENT placed in vault. (mml) |
| Filing 125 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 12/26/2013 re: Declaration of Expert, Professor Bruce A. Green. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A)(Zelman, Bonita) |
| Filing 123 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated December 24, 2013 re: Affirmation of Expert, Professor Roy D. Simon. Document filed by Bonita E. Zelman.(Zelman, Bonita) |
| Filing 122 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated December 24, 2013 re: improper conduct by Bonita Zelman. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 121 LETTER addressed to Judge Kenneth M. Karas from Daniel Markewich dated 12/24/13 re: Corrected version of 12/23/13 Letter. Document filed by Bonita E. Zelman.(Markewich, Daniel) |
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Filing 127
ORDER: This Order deals with issues raised by letter from counsel for Defendants Westchester County and Mount Pleasant on November 15, 2013, and responded to by letter from Plaintiff's counsel dated November 21, 2013. Neither letter has been filed on ECF due to certain issues of a confidential nature that are contained in those letters. The letters will be docketed in this case (and not in any of the related cases) under seal at the time of issuance of this Order. The request for a subpoena is denied for substantially the reasons set forth in Plaintiff's counsel's letter of November 21. This constitutes the Decision and Order of the Court. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/23/2013) (mml)
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Filing 126
ORDER denying #98 Motion to Quash. Regarding Plaintiffs' counsel's letter dated November 21, 2013, seeking to quash certain subpoenas, the letter is deemed a letter motion and is denied. Discovery in this arena is appropriate in light of the broad scope of the claimed damages. Plaintiffs may seek to preclude or limit the produced information for purposes of trial. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/23/2013) (mml)
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Filing 124
ORDER: The request for production of those records at this late date is therefore denied. Defendants failed to respond in any way to the request for color copies of photographs that were provided after Officer Bosan's deposition. If the photographs were originally in color, then a set of color copies is to be produced to Plaintiff's counsel within 16 days of the date of this Order. Similarly, although Defendants assert that all arrest reports have been produced, there has been no specific statement about Plaintiffs' requests numbered 9 (WCPD-1 reports referenced in Bosan's deposition) and 11 (arrest report for Parker with supervisor's signature). Defendants shall respond with either copies of same or statement, in writing, that nothing more exists, within 16 days of the date of this Order. Plaintiffs' explanation for wanting a broad amount of ESI for many officers is limited to an argument that is not compelling - essentially, counsel argues that if the individual Plaintiffs have to provide ESI including Facebook information, then the officers should, too. With regard to Officer Jacobsen the argument is that he deleted his Facebook account on the day of the incident, therefore it must be relevant. There is absolutely no argument for relevance of ESI that may be obtained from any of the other officers. Inquiry could have been made at deposition, but none has been referenced. I therefore sustain the objection to these demands. The remaining claims by Plaintiffs of insufficient responses by Defendants are from demands 27, 30, and 31-32. However, these all appear to fall within the categories that are described above beginning at page 3, and are dealt with in the first part of this Order. I see no reason to require further production at this time when Defendants claim to have turned over much of this information and Plaintiffs have been unable to identify with any particularity what items and/or categories may be missing. This constitutes the Decision and Order of the Court. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/23/2013) (mml)
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| Filing 120 LETTER addressed to Judge Kenneth M. Karas from Daniel Markewich dated 12/23/13 re: In response to letter dated 12/16/13. Document filed by Bonita E. Zelman.(Markewich, Daniel) |
| Filing 119 NOTICE OF APPEARANCE by Barry R. Temkin on behalf of Bonita E. Zelman. (Temkin, Barry) |
| Filing 118 NOTICE OF APPEARANCE by Daniel Markewich on behalf of Bonita E. Zelman. (Markewich, Daniel) |
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Filing 117
ENDORSED LETTER addressed to Judge Kenneth M. Karas from O. Andrew F. Wilson, dated 12/18/2013, re: Counsel for Plaintiff Brandon Cox in Cox v. Village of Pleasantville, et al., 11-CV-6516, along with co-counsel Prof. Charles Ogletree and Robert Johnson writes to request permission to appear by telephone for today's conference, scheduled for noon. ENDORSEMENT: Denied. So Ordered. (Signed by Judge Kenneth M. Karas on 12/18/2013) (lnl)
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| Filing 116 NOTICE of Proposed Order for Admission Pro Hac Vice on Oral Motion. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 115 LETTER addressed to Judge Kenneth M. Karas from James A. Randazzo dated 12/17/2013 re: in opposition to letter, dated December 12, 2013, from Bonita Zelman seeking to disqualify Gaines, Novick, Ponzini, Cossu & Venditti, LLP. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York.(Randazzo, James) |
| Filing 114 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated December 17, 2013 re: in opposition to letter, dated December 12, 2013, from Bonita Zelman seeking to disqualify Brian S. Sokoloff and Sokoloff Stern LLP [Doc. # 109]. Document filed by Aaron Hess. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sokoloff, Brian) |
| Filing 113 LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated December 16, 2013 re: unethical and improper attempt by Bonita Zelman's office to contact Aaron Hess. Document filed by Aaron Hess.(Sokoloff, Brian) |
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Filing 112
ORDER granting #111 Letter Motion to Adjust the Schedule. MEMO ENDORSEMENT: Deemed letter motion in 11 Civ 2707 and the 9 consolidated cases. Motion granted to the extent that the date by which expert reports are to be produced is adjourned to January 29, 2014, and the date by which expert depositions are to be completed is adjourned to April 5, 2014. Further, all discovery is to be completed by April 5, 2014. The motion is otherwise denied -- the date by which rebuttal expert reports are to be produced was already adjourned to February 28, 2014, by the Court's November 20, 2013, Order. SO ORDERED. Expert Deposition due by 4/5/2014. Discovery due by 4/5/2014. (Signed by Magistrate Judge Lisa Margaret Smith on 12/13/2013) (mml)
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| Filing 111 LETTER MOTION to Adjust the Schedule addressed to Magistrate Judge Lisa M. Smith from Michael H. Sussman dated 12/4/2013. (mml) |
| Filing 110 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated December 12, 2013 re: Request for Pre-Motion Conference for Leave to File Motion to Disqualify Gaines, Novick, Ponzini, Cossu & Venditti, LLP as Counsel. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 109 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated December 12, 2013 re: Request for Pre-Motion Conference for Leave to File Motion to Disqualify Brian S. Sokoloff and Sokoloff Stern LLP as Counsel. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 108 LETTER addressed to Judge Kenneth M. Karas from Carl S. Sandel dated December 12, 2013 re: Response to Plaintiff's Request for a Pre-Motion Conference for Leave to File a Motion to Disqualify Morris, Duffy, Alonso, & Faley as Counsel. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sandel, Carl) |
| Filing 107 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 12/10/2013 re: Request for a Pre-Motion Conference for Leave to File a Motion to Disqualify Morris, Duffy, Alonso, & Faley as Counsel. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zelman, Bonita) |
| Filing 106 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman, Esq. dated December 10, 2013 re: Request for Emergency Order Staying Compliance with Defendants' Employment Record Subpoenas. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 105 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman, Esq. dated December 6, 2013 re: Extension of Expert Discovery Deadlines. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 104 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman, Esq. dated December 4, 2013 re: Reply to Defendants' Opposition to Plaintiffs' Letter Seeking to Quash Subpoenas Directed to Plaintiffs' Employers. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 103 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 12/04/13 re: Reply in Further Support of Plaintiffs' Rule 72 Objections to Magistrate Judge Yanthis' October 28, 2013 Order. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 102 LETTER addressed to Magistrate Judge Lisa M. Smith from Drew W. Sumner dated November 27, 2013 re: opposition to plaintiffs' motion to quash, dated November 21, 2013. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sumner, Drew) |
| Filing 101 LETTER addressed to Judge Kenneth M. Karas from Drew W. Sumner dated November 26, 2013 re: opposition to plaintiffs' Rule 72 objections to M.J. Yanthis' order denying motion for leave to amend complaints. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A)(Sumner, Drew) |
| Filing 99 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman, Esq. dated November 21, 2013 re: Reply to Defendants' Oppositions to Plaintiffs' Motion to Compel. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 98 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman, Esq. dated November 21, 2013 re: Letter to Quash Subpoenas Issued by Defendants Directed to Plaintiffs' Employers. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A)(Zelman, Bonita) Modified on 12/26/2013 (mml). |
| Filing 97 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated November 21, 2013 re: Opposition to Defendants' Request for a Pre-motion Conference in Anticipation of Motion to Disqualify Counsel. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 96 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated November 21, 2013 re: Opposition to Defendant Hess' Letter to Decouple. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A)(Zelman, Bonita) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Telephone Conference held on 11/20/2013. Bonita Zelman and Paula Johnson Kelly appearing by telephone for Plaintiffs Joseph Garcia, Yves Delpeche, Rebecca Gallo, Daniel Parker, Desmond Hinds, Joseph Romanick, and Martin LaRoche. Brian Sokoloff, Leo Dorfman, Carl Sandel, Drew Sumner, and James Randazzo appearing by telephone for Defendants. Discovery dispute resolved. (fk) |
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Filing 95
ORDER: In accordance with the agreement reached by counsel for all parties in the above captioned cases, expressed to the Court in a telephone conference on this date, the existing discovery schedule is revised such that the remaining depositions shall be completed as agreed to and stated today by counsel including the deposition of Plaintiff LaRoche who shall be deposed on December 5 and 6, 2013 for 9 hours, in accordance with the methods set forth in this Court's previous Order (Docket Entry #88). The schedule for expert disclosure shall be extended by two weeks, so that the expert reports for the case in chief shall be produced no later than January 17, 2014 the rebuttal expert reports shall be produced no later than February 28, 2014, and all discovery, including expert depositions, shall be completed by March 31, 2014. Counsel are encouraged to schedule the expert depositions before receiving the expert reports, because it is easier to cancel a deposition than to schedule it, especially with such a large number of attorneys, and an inability to arrange to schedule the expert depositions will not be a basis for extension of the deadline. SO ORDERED. (Expert Deposition due by 3/31/2014.) (Signed by Magistrate Judge Lisa Margaret Smith on 11/20/2013) (mml)
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| Filing 94 LETTER addressed to Magistrate Judge Lisa M. Smith from Drew W. Sumner dated November 20, 2013 re: opposition to plaintiffs' motion to compel discovery. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
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Filing 100
MEMO ENDORSEMENT on #93 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 11/17/2013 re: Extension of Time to Respond to Defendants' November 14, 2013 Letter Requesting a Pre-Motion Conference. Document filed by Yves Delpeche. ENDORSEMENT: The Court will hold a pre-motion conference on December 18, 2013, at 12:00 because only a 3-page letter is permitted to respond to Defendants' letter, more time is not necessary to allow Plaintiff's response, especially because Plaintiffs' counsel should have first-hand knowledge of the events at issue. So Ordered. (Pre-Motion Conference set for 12/18/2013 at 12:00 PM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 11/19/2013) (lnl)
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| Filing 91 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 11/17/2013 re: Extension of Time to Respond to Defendants' November 14, 2013 Letter Requesting a Pre-Motion Conference. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 93
MEMO ENDORSEMENT on #89 Letter, filed by Marco A. Mendoza, Town of Mount Pleasant, New York, County of Westchester, Ronald Beckley, George N. Longworth, Matthew F. Brown, Ronald Gagnon, George W. Winsman, Louis Alagno, Martin Greenberg. ENDORSEMENT: Ms. Zelman is to respond to this letter by November 21, 2013. So Ordered. (Signed by Judge Kenneth M. Karas on 11/15/2013) (lnl)
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Filing 92
MEMO ENDORSEMENT on re: #88 MOTION to Stay re: #7 Order, Set Deadlines/Hearings, pending decision on motion for summary judgment. ENDORSEMENT: Plaintiffs' counsel in all the cases referenced herein are to respond to this letter by November 21, 2013. So Ordered. (Signed by Judge Kenneth M. Karas on 11/15/2013) (lnl)
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| Filing 90 LETTER addressed to Magistrate Judge Lisa M. Smith from Drew W. Sumner dated November 15, 2013 re: Initial Opposition to Plaintiff's Motion to Compel discovery. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Brian S. Sokoloff. Document No. #88 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion to Stay must be formally filed. (db) |
| Filing 89 LETTER addressed to Judge Kenneth M. Karas from Drew W. Sumner dated November 14, 2013 re: request for a pre-motion conference requesting leave to move to disqualify Bonita Zelman as counsel to plaintiff. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sumner, Drew) |
| Filing 88 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Stay re: #7 Order, Set Deadlines/Hearings, pending decision on motion for summary judgment. Document filed by Aaron Hess. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sokoloff, Brian) Modified on 11/15/2013 (db). |
| Filing 87 LETTER addressed to Magistrate Judge Lisa M. Smith from Bonita E. Zelman dated November 13, 2013 re: Letter Concerning Outstanding Discovery. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Zelman, Bonita) |
| Filing 86 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated 11/12/2013 re: Plaintiffs' Rule 72 Objection to Magistrate Judge Yanthis' October 28, 2013 Order Denying Plaintiff's' Motion to Amend Complaints. Document filed by Joseph Romanick. (Attachments: #1 Exhibit A)(Zelman, Bonita) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Lisa M. Smith. Please note that this is a reassignment of the designation only. (pgu) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Telephone Conference held on 11/5/2013. Michael Sussman, Bonita Zelman, Paula Johnson Kelly, and Robert Johnson appearing by telephone for Plaintiffs; Brian Sokoloff, Leo Dorfman, Carl Sandel, Drew Sumner, and James Randazzo appearing by telephone for Defendants. Discovery dispute resolved. (Sun, Relic) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Telephone Conference held on 11/4/2013. Bonita Zelman and Paula Kelly appearing by telephone for Plaintiffs; Brian Sokoloff, David Gold, Drew W. Sumner, Carl S. Sandel, and Caitlin Scheir appearing by telephone for Defendants. Discovery dispute resolved. Adjourned. (Sun, Relic) |
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Filing 85
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Drew W. Sumner, dated 10/22/2013, re: Counsel for the Town of Mount Pleasant and County of Westchester Defendants writes to request leave to extend the deposition of plaintiff Yves Delpeche for an additional seven hours pursuant to F.R.C.P. 30(a)(2). ENDORSEMENT: Plaintiff Delpeche's deposition is to be continued for a maximum of 7 additional hours. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 10/31/2013) (lnl)
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Filing 84
ORDER: Before the Court is defendant Aaron Hess' application to compel plaintiff Martin LaRoche to produce certain handwritten notes; or for the Court to order an evidentiary hearing to assess the validity of plaintiff's claim of attorney-client privilege. Plaintiff has submitted a copy of the subject handwritten notes to chambers for in camera review. The Court has reviewed and considered all of the submissions on said issue. Accordingly, the application of defendant Hess is denied in all respects. (Signed by Magistrate Judge George A. Yanthis on 10/31/2013) (SEE ORDER AS SET FORTH) (Docketed in related cases consolidated for discovery) (lnl)
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Filing 83
Reversed as per Judge's Order dated 07/27/2016, Doc. # 217. DECISION AND ORDER: The motion of the plaintiffs for leave to file second amended complaints including officers Jacobsen and Castagna as defendants; and new claims is denied. The motion to modify certain allegations to conform with facts learned in discovery is granted. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 10/28/2013) (Docketed in related cases consolidated for discovery) (lnl) Modified on 7/27/2016 (yv). Modified on 7/27/2016 (yv).
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Filing 82
MEMO ENDORSEMENT on #69 MOTION to Compel plaintiffs to produce documents. ENDORSEMENT: The Court's rules require parties to make good faith attempt to resolve discovery disputes prior to filing motion to compel. Counsel are directed to meet and confer in good faith attempt to resolve the disputes. The Clerk is respectfully directed to terminate the pending motion (Docket #72). SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 10/23/2013) ( #69 Motion Terminated) (lnl)
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| Filing 81 MEMORANDUM OF LAW in Opposition re: #70 MOTION for Leave to File a Second Amended Complaint.. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Sumner, Drew) |
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Filing 80
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian S. Sokoloff, dated 10/8/2013, re: Counsel for the defendant Aaron Hess writes pursuant to Fed. R. Civ. P. 37, to request an order (1) compelling plaintiffs Hinds and Romanick to produce unredacted copies of their electronically stored information; (2) compelling plaintiffs to produce their ESI in in its native digital format, where available, with all associated metadata intact; and (3) providing that all ESI be produced this way in the future. ENDORSEMENT: The Court has reviewed the submissions received on the discovery disputes herein and rules as follows: 1. The redactions on the ESI are upheld as plaintiffs have advised that they were made in accordance with the Courts June 14, 2013 ruling with the following exception: plaintiffs are directed to disclose the names and email addresses of senders and recipients that were redacted. 2. Plaintiffs are directed to produce native format copies of the original Word format file containing plaintiff Hinds statement and the JPG digital photo file re Hinds injuries. The Court finds that said discovery is reasonably calculated to lead to the discovery of admissible evidence and is not unduly burdensome. The further directs that plaintiffs are to produce native format copies of ESI whenever possible. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 10/18/2013) (lnl)
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| Filing 79 LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, Esq. dated October 15, 2013 re: Plaintiffs' Opposition to Defendant Hess' Motion to Compel Metadata. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 78
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Michael H. Sussman, dated 10/11/2013, re: Counsel writes: The parties have conferred and would respectfully request that the Court so order this letter which will govern the remainder of discovery in this matter. 1. The schedule of remaining fact witness depositions through 11/15/13 is attached hereto. This represents a two week extension and includes dates for all fact depositions except seven which defendants have now sought leave to depose by appealing Your Honors September 25, 2013 Order on the same subject to Judge Karas. The parties recognize that Judge Karas decision may elongate this time period, but agree that this is the only outstanding variable which may affect this schedule, other than extraordinary circumstance not now predicted or predictable. In short, absent this reservation, all fact discovery will end on 11/15/13. 2. Treating physician depositions will be done during the expert discovery period. We have agreed to request that all dates previously set for expert discovery be extended two weeks due to this requested extension of fact discovery. ENDORSEMENT: Application Granted. So Ordered. (Fact Discovery due by 11/15/2013) (Signed by Magistrate Judge George A. Yanthis on 10/11/2013) (Docketed in all related cases) (lnl)
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| Filing 77 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION to Compel plaintiffs to produce documents. MOTION for Sanctions.. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (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)(Sumner, Drew) |
| Filing 76 LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, Esq. dated 10/08/13 re: Plaintiffs' Opposition to Defendants' Motion to Compel and Request for Sanctions. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 75 MEMORANDUM OF LAW in Opposition re: #69 MOTION to Compel plaintiffs to produce documents. MOTION for Sanctions.. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 74 LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman, Esq. dated October 2, 2013 re: Plaintiffs' Proposed Second Amended Complaints. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 73 LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, Esq. dated October 2, 2013 re: Plaintiffs' Proposed Second Amended Complaints. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 72 LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, Esq. dated October 2, 2013 re: Electronic Filing of Plaintiffs' Proposed Second Amended Complaints. Document filed by Joseph Romanick. (Attachments: #1 Exhibit I)(Zelman, Bonita) |
| Filing 71 RELATED CASE AFFIRMATION of Bonita E. Zelman, Esq. re: that this action be filed as related to 11-cv-7267. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 70 MOTION for Leave to File a Second Amended Complaint. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Filing 69 MOTION to Compel plaintiffs to produce documents., MOTION for Sanctions. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Sumner, Drew) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Drew William Sumner: Document No. #68 Letter is not filed via ECF. ONLY certain letter motions are allowed to be filed on ECF. A Motion to Compel is filed formally. (ldi) |
| Filing 68 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Compel Plaintiffs to produce documents. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Sumner, Drew) Modified on 9/30/2013 (ldi). |
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Filing 67
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Drew W. Sumner, dated 9/11/2013, re: Counsel for the Mount Pleasant and Westchester County Defendants writes to request that the Court order Ms. Gallo to appear to complete her deposition, and if necessary, for leave to extend the deposition of plaintiff Rebecca Gallo pursuant to Fed. R. Civ. P. 30(a)(2). Ms. Gallo is asserting a variety of state and federal claims against the Town and County Defendants because a police officer, with his gun drawn, approached a crowd of people that included Ms. Gallo and directed them to get back in an attempt to establish a perimeter immediately after Danroy Henry Jr. was shot by Officer Aaron Hess. ENDORSEMENT: Plaintiff Gallo's deposition is to be continued for a maximum of 7 additional hours. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 9/25/2013) (lnl)
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Filing 66
SCHEDULING ORDER: 1. The close of fact discovery is October 31, 2013. Defendants may conduct depositions of the following persons prior to October 31, 2013: Martin LaRoche, Yves Delpeche, Joseph Garcia, Desmond Hinds, Ronald Buckley, Talia Costanzo, Christian Dapoilto and Miuhael Orapello. 2. All fact depositions and related document discovery (except depositions of treating medical and mental health practitioners) shall by concluded by October 31, 2013. 3. Defendants have represented that they intend to seek leave to conduct 11 additional non-party depositions. Any such application shall be made by September 13, 2013, and any response shall be filed by September 20, 2013. 4. Plaintiffs Desmond Hinds, Rebecca Gallo. Daniel Parker, Joseph Romanick, Martin LaRoche, Yves Delpeche, and Joseph Garcia shall file any motion for leave to amend their complaint no later than September 24, 2013 and defendants shall file any opposition by October 8, 2013. 5 The parties shall exchange ease-in-chief expert reports by December 20, 2013; 6. A party may seek leave for permission to extend the time for preparation of one or more expert reports. The determination on that application will be in the sound discretion of the Court. 7. The parties shall exchange rebuttal expert reports by January 31, 2014; and 8. The close of all discovery shall be March 3, 2014. SO ORDERED. Responses due by 10/8/2013. Deposition due by 10/31/2013. Fact Discovery due by 10/31/2013. Discovery due by 3/4/2014. (Signed by Magistrate Judge George A. Yanthis on 9/25/2013) (lnl)
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Filing 65
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Drew W. Sumner, dated 9/5/2013, re: Counsel for the Town of Mount Pleasant and County of Westchester Defendants writes to request leave to extend the deposition of plaintiff Joseph Romanick pursuant to Fed. R. Civ. P. 30(a)(2). ENDORSEMENT: Plaintiff Romanick may be deposed for an additional 7 hours. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 9/25/2013) (lnl)
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Filing 64
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian S. Sokoloff, dated 9/18/2013, re: Counsel for the defendant Aaron Hess writes to request (1) an order compelling Ms. Zelman to produce her clients Desmond Hinds for deposition on Tuesday, September 24 the date on which he is already to scheduled to be deposed, and to provide additional dates when he is available for deposition before the close of fact discovery; and (2) an order compelling plaintiff Daniel Parker to appear rot further deposition, without restriction, and (3) that the Court so-order the attached subpoena for the deposition of non-party Taliza Constanza, whose duly-subpoenaed deposition Ms. Zelman unilaterally cancelled more than two months ago. While we are reluctant to bring these routine scheduling issues to the Court, our efforts to work with Ms. Zelman to schedule these depositions have proved fruitless time and time again, making Court intervention the only option. ENDORSEMENT: 1. The depositions of plaintiff Parker is to continue without restriction. 2. The Court will so-order the deposition of non-party Costanza. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 9/25/2013) (lnl)
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| Filing 63 NOTICE OF CHANGE OF ADDRESS by James A. Randazzo on behalf of Anthony Chiarlitti, Village of Pleasantville, New York. New Address: Gaines, Novick, Ponzini, Cossu & Venditti, LLP, 11 Martine Avenue, 8th Floor, White Plains, New York, USA 10606, 914-288-9595. (Randazzo, James) |
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Filing 62
ORDER: On September 18, 2013, the Court heard oral argument on Plaintiff Martin LaRoche's June 28, 2013 objections to Magistrate Judge Yanthis's June 14, 2013 Order that Plaintiff LaRoche's educational costs claim had been withdrawn. For the reasons stated on the record, Plaintiff LaRoche may proceed with his educational costs claim. However, any other education based claims (educational costs, educational loss, educational opportunity loss, etc.) asserted by Plaintiffs Joseph Garcia, Yves Delpeche, Daniel Parker, Desmond Hinds, and Joseph Romanick are hereby dismissed with prejudice, based on unequivocal, on-the-record statements to that effect by Plaintiffs' counsel and subsequent, on-the-record concurrence by Defendants' counsel. Plaintiff LaRoche is given two weeks to provide all discoverable material related to his educational costs claim. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/18/2013) (mml)
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| Filing 61 LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, Esq. dated September 20, 2013 re: Opposition to Defendant Hess' Motion for Leave to Depose 11 Additional Non-Party Witnesses. Document filed by Joseph Romanick.(Zelman, Bonita) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held on 9/18/2013. Bonita Zelman, Paula Johnson Kelly, and Lylburn King Downing for Plaintiffs; Drew W. Summer, Carl S. Sandel, James Randazzo, Brian Sokoloff, and Leo Dorfman for Defendant. For the reasons stated on the record, the Court ruled that Plaintiff LaRoche may proceed with his educational costs claim, but that any other education-based claims (educational costs, educational loss, educational opportunity loss, etc.) asserted by Plaintiffs Joseph Garcia, Yves Delpeche, Daniel Parker, Desmond Hinds, and Joseph Romanick were dismissed with prejudice, based on unequivocal, on-the-record statements to that effect by Plaintiffs' counsel and subsequent, on-the-record concurrence by Defendants' counsel. The Court also ruled that Plaintiff LaRoche was given two weeks to provide all discoverable material related to his educational costs claim. (Court Reporter Sue Ghorayeb) (lnl) |
| Filing 60 LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, Esq. dated 09/18/13 re: Opposition to Motion to Compel Production of Witness Statement and for Leave to Seek Sanctions for Spoliation. Document filed by Joseph Romanick.(Zelman, Bonita) |
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Filing 59
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, dated 9/13/2013, re: Counsel for the Plaintiffs Joseph Garcia, Yves Delpeche, Martin LaRoche, Rebecca Gallo, Daniel Parker, Desmond Hinds, and Joseph Romanick writes to letter to seek the Court's direction and permission to hold the remaining plaintiffs' depositions at the Federal Courthouse located at 300 Quarropas Street, White Plains, NY 10601. ENDORSEMENT: Application denied. The depositions are to take place where notices, to wit, 11 Martine Ave. The Hess deposition was held at the Courthouse without objection. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 9/13/2013) (lnl)
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| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Status Conference held on 9/10/2013; outstanding discovery and scheduling issues discussed and resolved. Court issued rulings. Parties shall submit proposed revised scheduling order. (Court Reporter Courtflow) (lnl) |
| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 8/9/2013. Oral argument on outstanding discovery dispute re: subpoena to Pace University. Court issued rulings (See Courtflow). Previously scheduled conference (9/10/13 at 2:00 p.m.) remains on calendar. (Court Reporter Courtflow) (lnl) |
| Filing 58 ANSWER to #19 Amended Complaint, with JURY DEMAND. Document filed by County of Westchester, George N. Longworth, George W. Winsman.(Sandel, Carl) |
| Filing 57 ANSWER to #19 Amended Complaint, with JURY DEMAND. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, Ronald Gagnon, Martin Greenberg, Marco A. Mendoza, Town of Mount Pleasant, New York.(Sandel, Carl) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #56 HAS BEEN REJECTED. Note to Attorney Bonita E. Zelman : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) |
| Filing 56 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #55 Order. Document filed by Joseph Romanick. Copies of Appeal of Magistrate Judge Decision to District Court served on Attorney(s) of Record: Brian Sokoloff, Leo Dorfman, David Gold, Carl Sandel, Drew Sumner, James Randazzo, Caitlin Scheir, Christine DiCrocco, Michael Sussman, Andrew Wilson, Debra Greenberger, Robert Johnson, Joan LeGraw, Paula Johnson Kelly. (Zelman, Bonita) Modified on 7/8/2013 (ka). |
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Filing 55
DECISION AND ORDER:The defendants' application for an order compelling plaintiffs to produce passwords and user accounts to allow defendants to obtain ESI from plaintiffs' email and social media accounts; or in the alternative to turnover said information to a third party vendor to conduct searches; is denied as unjustified on this record. The Court concludes that the discovery demands of the defendants that plaintiffs produce all ESI communications relating to the events of October 17, 2010 and this litigation are overbroad. The Court directs plaintiffs to provide to defendants for discovery at this time all electronic communications written by plaintiffs reflecting any of their firsthand accounts of the events of October 17, 2010 and the allegations of the complaint herein. Plaintiffs are also to provide for discovery all ESI that they received from third parties regarding firsthand accounts of the events of October 2010 and the allegations of the complaint.The ESI to be searched by plaintiffs would include emails, Facebook, Twitter, blog entries and similar social media posts. Plaintiffs and counsel are to work together to ensure that good faith searches for said communications are made. Defendants have leave to seek further relevant ESI after taking the depositions of the plaintiffs as set forth in this order. (Signed by Magistrate Judge George A. Yanthis on 6/14/2013) (rj)
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| Filing 54 NOTICE OF APPEARANCE by Paula Johnson Kelly on behalf of Joseph Romanick (Kelly, Paula) |
| Filing 53 NOTICE OF APPEARANCE by David Seth Yohay on behalf of Joseph Romanick (Yohay, David) |
| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 5/30/2013. Oral argument on all outstanding discovery disputes and motions. Court issued rulings on various issues and reserved on others (See Courtflow). Telephone conference previously scheduled for 7/30/13 is adjourned. Counsel shall appear in person for a case management conference on 9/10/13 at 2:00 p.m. (Case Management Conference set for 9/10/2013 at 02:00 PM before Magistrate Judge George A. Yanthis) (Court Reporter Courtflow) (lnl) |
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Filing 52
ENDORSED LETTER addressed to Magistrate Judge George A. Yathis from Brian S. Sokoloff, dated 5/17/2013, re: Counsel for defendant Aaron Hess writes to request permission to submit a seven-page letter that serves two functions: (a) opposition to Ms. Zelman's motion for sanctions and (b) a cross-motion for sanctions. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 5/20/2013) (lnl)
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| Filing 51 SCHEDULING NOTICE: Counsel for all parties in the matter of Henry et al v. Hess et al shall appear for a conference before the Hon. George A. Yanthis, United States Magistrate Judge, on May 23, 2013, at 11:00 am., in Courtroom 421. PLEASE NOTIFY YOUR ADVERSARY(IES) OF THIS SCHEDULE IMMEDIATELY. Status Conference set for 5/23/2013 at 11:00 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge George A. Yanthis. (lnl) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #50 HAS BEEN REJECTED. Note to Attorney Bonita E. Zelman : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka) |
| Filing 50 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - OPPOSITION BRIEF to Defendant Hess' Motion to Compel Production of Electronically Stored Information. Document filed by Joseph Romanick. (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)(Zelman, Bonita) Modified on 5/6/2013 (ka). |
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Filing 49
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Leo Dorfman, dated 4/10/2013, re: Counsel for Aaron Hess writes: We received Ms. Zelman's April 4, 2013 letter to the Court. Today, we also received a copy of Mr. Sussman's letter of April 7, 2013. We write to request an extension of time, until April 19, 2013, to respond to both letters. We also respectfully ask that Your Honor allow us to submit a response that exceeds the Court's usual three-page limit. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 4/11/2013) (lnl)
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| Filing 48 NOTICE OF APPEARANCE by Caitlin Grace Scheir on behalf of Anthony Chiarlitti, Village of Pleasantville, New York (Scheir, Caitlin) |
| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 1/29/2013. Disputes resolved (see Courtflow). Conference previously scheduled for 2/14/13 is adjourned. Telephone conference scheduled for 7/30/13 at 9:00 a.m. (Telephone Conference set for 7/30/2013 at 09:00 AM before Magistrate Judge George A. Yanthis) (Court Reporter Courtflow) (lnl) |
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Filing 47
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 1/22/2013 re: It is respectfully requested that this Honorable Court grant plaintiffs' application for a waiver of the $200.00 filing fee in the remainder of my clients' consolidated actions so that Ms. LeGraw may appear pro hac vice on their behalf without the unduly burdensome expenditure of an additional $1,200.00. ENDORSEMENT: Because Ms. McGraw will be representing parties in cases that involve the same core of operative facts, it will be sufficient in the circumstances of this case that she pay one pro hac vice fee. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/25/2013) (mml)
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| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joan M. LeGraw to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph Romanick.(Zelman, Bonita) Modified on 1/18/2013 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #46 MOTION for Joan M. LeGraw to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bcu) |
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Filing 45
ORDER: the Court concludes that good cause has been shown for theprotective order and the application is granted. The transcript of the Jacobsen deposition is available for public scrutiny. The Court finds that release of the transcript of the Jacobsen deposition, with the exception of limited confidential redactions, satisfies any public interest in disclosure of the deposition testimony. As such, release of the video would not serve any further legitimate purpose. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 12/6/2012) (lnl)
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| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Telephone Conference held on 11/30/2012. Re: P.O. Jacobsen deposition no further deposition is necessary and no sanctions are warranted. Public dissemination of the videotape of Officer Jacobsen's deposition is precluded. Mr. Sumner shall submit a proposed Order to that effect. Re: deposition of Commissioner noticed for 12/18/12 defendants' letter brief must be faxed to chambers by 12/5/12; plaintiffs' response faxed to chambers by 12/10/12. (lnl) |
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Filing 44
ORDER: For the reasons stated on the record, Plaintiffs' appeal of Magistrate Judge Yanthis' Discovery Order dated October 11, 2012 is denied, and Plaintiffs shall provide the relevant medical authorizations to Defendants within 45 days from the date of this Order. As discussed, the records initially shall be produced to Defendants' counsel for their eyes only, and Plaintiffs reserve the right to request that Judge Yanthis limit Defendants' use of particular portions of the records. (Signed by Judge Kenneth M. Karas on 11/28/2012) (mml)
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Filing 43
SCHEDULING ORDER: Oral Argument Regarding Judge Yanthis' Discovery Order dated October 11, 2012, set for 11/27/2012 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 11/19/2012) (mml)
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| Filing 42 REPLY. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 41 OPPOSITION BRIEF re: #38 Objection (non-motion). Document filed by Aaron Hess.(Dorfman, Leo) |
| Filing 40 REPLY. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Filing 39 OPPOSITION BRIEF re: #38 Objection (non-motion). Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman.(Sandel, Carl) |
| Filing 38 Objection. Document filed by Joseph Romanick. (Attachments: #1 Exhibit Exhibit A)(Zelman, Bonita) |
| Filing 37 NOTICE OF APPEARANCE by Leo Dorfman on behalf of Aaron Hess (Dorfman, Leo) |
| Filing 36 NOTICE OF CHANGE OF ADDRESS by Leo Dorfman on behalf of Aaron Hess. New Address: Sokoloff Stern LLP, 179 Westbury Avenue, Carle Place, NY, USA 11514, (516) 334-4500. (Dorfman, Leo) |
| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 10/18/2012. Parties shall conclude all depositions by 4/1/13. This date is firm, and will not be extended absent extraordinary circumstances. Counsel shall appear for a conference before Judge Yanthis on 2/14/13 at 9:30 a.m. in Courtroom 421. Court Reporter: Courtflow. (Deposition due by 4/1/2013. Status Conference set for 2/14/2013 at 09:30 AM before Magistrate Judge George A. Yanthis.) (lnl) |
| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Discovery Hearing held on 10/11/2012. Discovery disputes resolved (see Courtflow). Parties shall submit proposed amended discovery schedule by 10/17/12. Court Reporter: Courtflow. (lnl) |
| Filing 35 NOTICE OF APPEARANCE by Drew William Sumner on behalf of Louis Alagno, Ronald Beckley, Matthew F. Brown, County of Westchester, Ronald Gagnon, Martin Greenberg, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, George W. Winsman (Sumner, Drew) |
| Filing 34 NOTICE OF APPEARANCE by David Abraham Gold on behalf of Aaron Hess (Gold, David) |
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Filing 33
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Bonita E. Zelman, dated 9/12/2012, re: Counsel for the seven individual students who are Plaintiffs in the above referenced matter, writes: On September 11, 2012 we received Defendants County of Westchester and the Town of Mt. Pleasant's motion for an order to compel further disclosure, asserting certain alleged deficiencies in our Rule 34 disclosures which we have previously served. We have conferred with Drew Sumner, Esq. of Morris Duffy Alonzo & Faley, attorney for the above referenced Defendants, and he has consented to our request for a two week extension of time, until September 26, 2012, for us to oppose their motion. The issues surrounding the disclosures are complex and require that a significant amount of research be conducted. We respectfully request that this Court grant us the two week extension with our adversary's consent. ENDORSEMENT: Application Granted. So Ordered. (Responses due by 9/26/2012) (Signed by Magistrate Judge George A. Yanthis on 9/12/2012) (lnl)
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Filing 32
ORDER: Upon due consideration, the Court concludes that good cause has been shown for the protective order and the application is granted. The transcript of the Hess deposition is available for public scrutiny. The Court finds that the release of the transcript of the Hess deposition, with the exception of limited confidential redactions, satisfies any public interest in disclosure of the deposition testimony. As such, release of the video would not serve any further legitimate purpose. Defendant Hess' application for the protective order dated August 30, 2012 and the responses of the Henry plaintiffs dated August 31, 2012 and plaintiff Cox dated September 6, 2012 are to be filed herewith. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 9/11/2012) (lnl)
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| Filing 31 Letter addressed to Magistrate Judge George A. Yanthis from O. Andrew F. Wilson, dated 9/6/2012, re: Counsel for Plaintiff Brandon Cox in Cox v. Village of Pleasantville, et al., 11-CV-6516, along with co-counsel Prof. Charles Ogletree and Robert Johnson. We write, further to the August 31, 2012 letter of Michael Sussman, to oppose the August 30, 2012 letter request of Mr. Hess's counsel, Brian Sokoloff, for a protective order to seal the entire video recording of Mr. Hess's deposition. Document filed by Brandon Cox. (lnl) |
| Filing 30 Letter addressed to Magistrate Judge George A. Yanthis from Michael H. Sussman, dated 8/31/2012, re: Counsel for the Henry family and DJ Henry's estate writes to oppose Mr. Sokoloff's request for protective order for the reasons set forth in this letter. Document filed by Angella Henry, Danroy Henry, Sr. (lnl) |
| Filing 29 Letter addressed to Magistrate Judge George A. Yanthis from Leo Dorfman, dated 8/30/2012, re: Counsel for Police Officer Aaron Hess writes to request a protective order, pursuant to Fed. R. Civ. P. 26(c), to preclude the dissemination to the public of any video recording of Officer Hess's deposition. Document filed by Aaron Hess. (lnl) |
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Filing 28
ENDORSED LETTER addressed to Magistrate Judge George A. Yanthis from Brian S. Sokoloff, dated 9/10/2012, re: Counsel for defendant Aaron Hess writes: This firm represents defendant Police Officer Aaron Hess in the above-referenced actions. On August 27, 2012, we moved to compel the above-listed plaintiffs to respond to our June 1 9, 2012 discovery requests. Ms. Zeiman has not opposed or otherwise responded to our motion or discovery requests. Therefore, we respectfully request that our motion to compel be granted as unopposed. We ask that the Court issue an order requiring plaintiffs to respond to our discovery requests forthwith, and no later than September 17, 2012. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 9/11/2012) (lnl)
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| Filing 27 NOTICE OF CHANGE OF ADDRESS by Brian S. Sokoloff on behalf of Aaron Hess. New Address: SOKOLOFF STERN LLP, 179 Westbury Avenue, Carle Place, New York, United States 11514, 5163344500. (Sokoloff, Brian) |
| Filing 26 ANSWER to #19 Amended Complaint,. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York.(Randazzo, James) |
| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Pretrial Conference held on 8/24/2012. Remarks: Disputes resolved. See Courtflow. (mml) |
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Filing 25
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated 8/7/2012 re: Counsel requests that the motion schedule be amended to one that begins with the motion 30 days after the conclusion of Aaron Hess's deposition. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/7/2012) (mml)
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| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Telephone Conference held on 7/24/2012. By July 30, 2012, Ms. Zelman shall issue 2 new subpoenas returnable to the Court, and the Court will review the subpoenaed records in camera. Mr. Sokoloff shall provide 2 sets of defendant Hess's medical records to the Court (one redacted and one unredacted) for in camera review, by August 3, 2012. Court reserved decision on two remaining issues and will issue an Order in due course. Telephone conference scheduled for 10/18/12 at 9:00 a.m. (Telephone Conference set for 10/18/2012 at 09:00 AM before Magistrate Judge George A. Yanthis) (lnl) |
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Filing 24
MOTION SCHEDULING ORDER: Defendant Hess shall serve his motion to dismiss upon Plaintiffs by no later than August 10, 2012. Plaintiffs shall serve opposition papers upon Defendant by no later than November 10, 2012. Defendant shall submit his reply in support of his motion by no later than December 10, 2012. 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 only be extended in extreme circumstances. Replies due by 12/10/2012. (Signed by Judge Kenneth M. Karas on 7/10/2012) (lnl)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 7/10/2012. The parties updated the Court on the progress of discovery. The Court set the following motion schedule: Defendant Hess shall serve his motion to dismiss upon Plaintiffs by no later than August 10, 2012. Plaintiffs shall serve opposition papers upon Defendant by no later than November 10, 2012. Defendant shall submit his reply in support of his motion by no later than December 10, 2012. Sur-reply papers will not be accepted unless prior permission of the Court is given. (Reply due by 12/10/2012) (lnl) (fk) (Entered: 08/23/2012) |
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Filing 23
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Debra Greenberger, dated 7/3/2012, re: Counsel for the plaintiff Brandon Cox in Cox v. Village of Pleasantville, et al., 11- CV-6516, along with co-counsel Prof. Charles Ogletree and Robert Johnson writes concerning the upcoming conferences in the above-captioned related matters. The Court has scheduled a pre-motion conference for July 10, 2012 at 11:00 a.m. for the proposed motions to dismiss in the following cases: Garcia v. Westchester, et al., 11-CV-7258, Delpeche v. Westchester, et al., 11-CV-7260, LaRoche v. Westchester, et al., 11-CV-7261, Gallo v. Westchester, et al., 11-CV-7262, Parker v. Westchester, et al., 11-CV-7264, Hinds v. Westchester, et al., 11-CV-7265, and Romanick v. Westchester, et al., 11-CV-7267. Additionally, last fall the Court scheduled a status conference for July 13, 2012 at 10:00 a.m. for all of the above-captioned matters. Given the number of counsel involved in these related matters, we request that the two conferences next week be consolidated. ENDORSEMENT: We will meet only on July 10. The July 13 conference is canceled. So Ordered. (Pre-Motion Conference set for 7/10/2012 at 11:00 AM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 7/9/2012) (lnl)
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Filing 22
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Debra Greenberger, dated 7/6/2012, re: Counsel for plaintiff Brandon Cox in Cox v. Village of Pleasantville, et al., 11- CV-6516, along with co-counsel Prof. Charles Ogletree and Robert Johnson, write in advance of the upcoming status conference on July 13, 2012, to seek a 90-day extension to complete discovery until November 1, 2012 in the above-captioned matters which have been consolidated for discovery purposes. Counsel for all parties consent to this request. ENDORSEMENT: Granted. So Ordered. (Discovery due by 11/1/2012) (Signed by Judge Kenneth M. Karas on 7/9/2012) (lnl)
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Filing 21
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 5/29/2012 re: Plaintiffs respectfully request that the relief requested in Mr. Sokoloff's letter to Your Honor, dated May 18, 2012, be denied in its entirety and for such other and further relief as this Court deems just and fair. ENDORSEMENT: The Court will hold a pre-motion conference on July 10, 2012, at 11:00. All deadlines are stayed until then. SO ORDERED. (Pre-Motion Conference set for 7/10/2012 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 6/5/2012) (mml)
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Filing 20
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Brian S. Sokoloff dated 5/18/2012 re: Counsel for defendant writes to request a pre-motion conference in anticipation of filing a motion pursuant to Fed. R. Civ. P. 12(b)(6) to dismiss the amended complaints for plaintiffs. ENDORSEMENT: Plaintiffs are to respond to this letter by June 11, 2012. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/4/2012) (mml)
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| Filing 19 AMENDED COMPLAINT amending #1 Complaint, against Louis Alagno, Ronald Beckley, Matthew F. Brown, Anthony Chiarlitti, County of Westchester, Ronald Gagnon, Martin Greenberg, Aaron Hess, John Does #1-30, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, Village of Pleasantville, New York, George W. Winsman.Document filed by Joseph Romanick. Related document: #1 Complaint, filed by Joseph Romanick.(fk) |
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Filing 18
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Bonita E. Zelman dated 5/7/2012 re: This letter is to respectfully request that this Honorable Court allow plaintiffs to file these amended complaints nunc pro tunc. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/8/2012) (mml)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 4/4/2012. Plaintiffs in case numbers 11-cv-7258, 11-cv-7260, 11-cv-7261, 11-cv-7262, 11-cv-7264, 11-cv-7265, 11-cv-7267 shall file amended complaints by 5/4/2012. Within their time to answer, Defendants shall submit any pre-motion letters, and Plaintiff shall have ten days to respond. (mml) |
| Set/Reset Deadlines: Amended Pleadings due by 5/4/2012. (mml) |
| Filing 17 NOTICE OF APPEARANCE by Carl Steven Sandel on behalf of County of Westchester, George N. Longworth, George W. Winsman (Sandel, Carl) |
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Filing 16
DISCOVERY CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge George A. Yanthis on 3/19/2012) (lnl)
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| Minute Entry for proceedings held before Magistrate Judge George A. Yanthis: Case Management Conference/Discovery Hearing held on 3/8/2012. Parties shall execute, and submit to Chambers, a Discovery Confidentiality Order in accordance with the Court's rulings, by March 19, 2012. Court Reporter: Courtflow. (lnl) |
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Filing 15
ORDER: Please take notice that the above captioned action has been scheduled for a pre-motion conference on 4/4/2012 at 11:30 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. (Signed by Judge Kenneth M. Karas on 3/7/2012) (mml)
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| Filing 14 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Louis Alagno, Ronald Beckley, Matthew F. Brown, Ronald Gagnon, Martin Greenberg, Marco A. Mendoza, Town of Mount Pleasant, New York.(Sandel, Carl) |
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Filing 13
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 as set forth in this order. (Signed by Magistrate Judge George A. Yanthis on 1/20/2012) (lnl)
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| Minute Entry for proceedings held before Magistrate Judge George A Yanthis: Telephone Conference held on 1/20/2012. Related Case 11CIV7261 not yet consolidated for discovery. Counsel will contact Judge Karas' Chambers. Counsel shall advise GAY within one week re: Status of confidentiality Order. Telephone conference scheduled for 7/24/12 at 9:00 a.m. Court Reporter: Courtflow. (Telephone Conference set for 7/24/2012 at 09:00 AM before Magistrate Judge George A. Yanthis) (lnl) |
| Filing 12 NOTICE OF CHANGE OF ADDRESS by James A Randazzo on behalf of Anthony Chiarlitti, Village of Pleasantville, New York. New Address: Gaines, Gruner, Ponzini & Novick, LLP, 11 Martine Avenue, 8th Floor, White Plains, New York, USA 10606, 914-288-9595. (Randazzo, James) |
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Filing 11
TEMPORARY DISCOVERY CONFIDENTIALITY ORDER: This Confidentiality Order applies to information, documents, testimony and things subject to discovery in this proceeding, be it through depositions, interrogatories, document production or any other discovery device pursuant to the Federal Rules of Civil Procedure, which contain non-public, confidential information designated as CONFIDENTIAL pursuant to the terms of this Order. Material subject to this Order shall not be distributed, disclosed, or made available to anyone except as expressly provided by this Order. This Stipulated Protective Order is entered into without prejudice to the right of any party to seek additional protections if it believes the protections of this order are not applicable or are inadequate. As set forth in this order. (Signed by Judge Kenneth M. Karas on 12/21/2011) (mml)
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| Filing 10 ANSWER to #1 Complaint,. Document filed by Aaron Hess.(Sokoloff, Brian) |
| Filing 9 CERTIFICATE OF SERVICE of Answer served on Law Offices of Bonita E. Zelman on December 6, 2011. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York. (Randazzo, James) |
| Filing 8 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Anthony Chiarlitti, Village of Pleasantville, New York.(Randazzo, James) |
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Filing 7
ORDER: The case is hereby consolidated for discovery with Cox v. Village of Pleasantville, et al., 11 civ 6516 (KMK), Garcia v. County of Westchester, et al., 11 cv 7258 (KMK), Delpeche v. Westchester, et al., 11 cv 7260 (KMK), Gallo v. County of Westchester, et al., 11 cv 7262 (KMK), Parker v. County of Westchester, et al., 11 cv 7264 (KMK), Hinds v. County of Westchester, et al., 11 cv 7265 (KMK) and Romanick v. County of Westchester, et al., 11 cv 7267, which shall proceed on the following schedule: 1. Rule 26(A) disclosures shall be made by December 22, 2011. 2. All fact discovery shall be concluded by August 1, 2012. 3. This Court shall hold a conference with counsel for all parties on July 13, 2012 at 10:00 A.M. (Fact Discovery due by 8/1/2012. Conference set for 7/13/2012 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/28/2011) (mml)
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| Filing 6 AFFIDAVIT OF SERVICE. County of Westchester served on 11/8/2011, answer due 11/29/2011; George N. Longworth served on 11/9/2011, answer due 11/30/2011; George W. Winsman served on 11/9/2011, answer due 11/30/2011. Service was accepted by MULTIPLE. Service was made by MAIL. Document filed by Joseph Romanick. (Zelman, Bonita) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 11/7/2011. Parties are to submit a discovery case management plan. Status/Case Management conference scheduled for July 13, 2012. (Court Reporter Mary Staten) (mml) |
| Filing 5 NOTICE OF APPEARANCE by James A. Randazzo on behalf of Anthony Chiarlitti, Village of Pleasantville, New York (Randazzo, James) |
| Filing 4 NOTICE OF APPEARANCE by Brian S. Sokoloff on behalf of Aaron Hess (Sokoloff, Brian) |
| Filing 3 CALENDAR NOTICE:Please take notice that the above captioned matter has been scheduled for Rule (16) conference before the Honorable Kenneth M. Karas, United States District Judge, on Monday, November 7, 2011 at 10:00 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 five business days beforehand.Rule (16) Conference set for 11/7/2011 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 10/26/2011) (rj) |
| Filing 2 NOTICE OF CASE ASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (sjo) |
| Magistrate Judge George A. Yanthis is so designated. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 7:11-cv-02707-KMK. Notice of Assignment to follow. (sjo) |
| Filing 1 COMPLAINT against Louis Alagno, Ronald Beckley, Matthew F. Brown, Anthony Chiarlitti, County of Westchester, Ronald Gagnon, Martin Greenberg, Aaron Hess, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, Village of Pleasantville, New York, George W. Winsman. (Filing Fee $350.00, Receipt Number 465401019157) Document filed by Joseph Romanick. (lnl) |
| SUMMONS ISSUED as to Louis Alagno, Ronald Beckley, Matthew F. Brown, Anthony Chiarlitti, County of Westchester, Ronald Gagnon, Martin Greenberg, Aaron Hess, George N. Longworth, Marco A. Mendoza, Town of Mount Pleasant, New York, Village of Pleasantville, New York, George W. Winsman. (lnl) |
| CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 7:11-cv-2707. (lnl) |
| Case Designated ECF. (lnl) |
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