Chamberlain v. City of White Plains et al
| Kenneth Chamberlain, Jr. |
| City of White Plains, White Plains Housing Authority, Anthony Carelli, Steven Hart, F/N/U Love, F/N/U Demchuk, F/N/U Markowski, Stephen Fottrell, Peter Martin and James Spencer |
| 7:2012cv05142 |
| July 2, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Cathy Seibel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
354
ORDER: IT IS, THEREFORE, ORDERED BY THE COURT that: (1) The Court hereby approves the settlement of this matter for the sum of $5,000,000.00; (2) The Court approves the payment to Newman Ferrara LLP of the sum of $1,666,666.67 for attorneys ' fees; (3) The Court approves the payment to Newman Ferrara LLP of the sum of $114,454.87 for costs and expenses; (4) The Court also approves the payment to Loeb, Block & Partners LLP, attorneys for plaintiff administrator, as escrow agent , pending application to the Surrogate Court, Westchester County, the sum of $3,218,878.46; (5) Upon compliance with the terms of this Order, all claims against all defendants will be dismissed with prejudice. ENTERED this 21st day of November, 2023. (Signed by Judge Cathy Seibel on 11/21/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing
350
INDICATIVE ORDER: IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this Court will grant the parties' joint motion pursuant to Rule 62.1 of the Federal Rules of Civil Procedu re and proceed to approve the settlement herein in accordance with Estates, Powers and Trust Law §5-4.6 and dismiss the amended complaint with prejudice and without costs, disbursements or attorney's fees to any party. ENTERED this 26th day of October, 2023. (Signed by Judge Cathy Seibel on 10/26/2023) (ks) Modified on 10/26/2023 (ks).
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Filing
325
ORDER granting in part, denying in part re: 301 MOTION for Summary Judgment (City Defendants). filed by City of White Plains, Steven Demchuk, Keith Martin, Stephen Fottrell, 305 MOTION for Summary Judgment (Defendant Ant hony Carelli). filed by Anthony Carelli. For the reasons stated on the record on September 19, 2022, the Court DENIES the motions for summary judgment of the City of White Plains, Police Officer Steven Demchuk, Sergeant Stephen Fottrell, Sergeant Keith Martin, and Police Officer Anthony Carelli, except the motion is GRANTED as to Defendant Maitin's first use of the beanbag shotgun. SO ORDERED. (Signed by Judge Cathy Seibel on 10/18/2022) (tg)
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Filing
256
ORDER MODIFYING CASE SCHEDULING ORDER: Pursuant to Plaintiff's Unopposed Motion to Modify the Case Scheduling Order, and for good cause shown, the Scheduling Order (Dkt. 223) is hereby modified as follows: Fact Discovery due by 2/15/202 1. Expert Discovery due by 5/14/2021. Next Case Management Conference: May 28, 2021 or at another time convenient for the Court. Deposition due by 5/14/2021. No further extensions absent extraordinary circumstances. Plaintiff's counsel shall promptly notify Judge Seibel's chambers and request a corresponding adjustment of the case management conference presently scheduled for March 30, 2021. (Signed by Magistrate Judge Paul E. Davison on 12/10/2020) (va)
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Filing
226
DISCOVERY 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 is sues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/27/2020) (ks)
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Filing
224
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 7/23/2020) (ks) Modified on 7/23/2020 (ks).
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Filing
78
OPINION AND ORDER: I have considered Defendants' remaining arguments and find them to be unpersuasive. For the reasons stated above, the City Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART, WPHA's Motion to Dismiss is GRANTED, Carelli's Motion to Dismiss is GRANTED IN PART and DENIED IN PART, and Hart's Motion to Dismiss is GRANTED. The Clerk of Court is directed to terminate the pending Motions, (Docs. 45, 58, 62, 65), and terminate the following pa rties as Defendants: White Plains Housing Authority, Steven Hart, Maurice Love, Steven Demchuk, Marek Markowski, and James Spencer. The remaining claims in this case are as follows: City of White Plains: Claim III (Monell liability); Claims V, VII, VIII (state law claims other than wrongful death). Sergeant Stephen Fottrell: Claim I (excessive force for second Taser discharge); Claim IV (grossly negligent supervision regarding use of lethal force); Claims V, VII, VIII (state law claims other th an wrongful death). Sergeant Keith Martin: Claim IV (directing Fottrell to discharge Taser the second time; grossly negligent supervision regarding use of lethal force); Claims V, VII, VIII (state law claims other than wrongful death). Officer Anth ony Carelli: Claim I (excessive force for use of lethal force); Claims V, VII, VIII (state law claims other than wrongful death). The remaining parties are directed to appear before me on December 13, 2013 at 4:00 p.m. for a status conference. SO OR DERED. (Status Conference set for 12/13/2013 at 04:00 PM before Judge Cathy Seibel) Maurice Love, Marek Markowski, James Spencer, White Plains Housing Authority, Steven Demchuk and Steven Hart terminated. (Signed by Judge Cathy Seibel on 12/10/2013) (lnl)
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