Patterson v. Barros et al
| Gary Patterson and Plaintiff Anthony Gathers |
| Massimo Buccheri, Richard A. Barros, John Distefano, Max Buccheri and The Town of Greenburgh |
| 7:2013cv05192 |
| July 25, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Paul E Davison |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 1, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 68
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel as follows: The parties hereby agree that the above-captioned action is dismissed and discontinued with prejudice, as to the named defendants, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Any and all claims for damages by the plaintiffs which remain in this action, following a partial grant of summary judgment in favor of the defendants dismissing certain of the causes of action of the plaintiff, Gary Patterson, and certain of those causes of action of the plaintiff, Anthony Gathers, arising out the incidents alleged in the Amended Complaint are hereby settled as against the named defendants in full satisfaction of all claims for damages, costs, disbursements and legal fees. Checks for payment of the amount of the settlement upon which the parties have agreed shall be drawn to the order of Gary Patterson and Law Office of Michael H. Joseph, PLLC as attorney and to the order of Anthony Gathers and Law Office of Michael H. Joseph PLLC as attorney. In consideration of such payments, the plaintiffs hereby release each of the named defendants in their individual and official capacities, and their heirs, executors, administrators and assigns and the defendant, Town of Greenburgh, from any and all claims, liabilities and causes of action related to or arising out of any and all events set forth in the Amended Complaint. Nothing in this So Ordered Stipulation of Settlement shall be construed as an admission or concession of liability whatsoever by any of the defendants regarding any of the allegations made by the plaintiffs in the Amended Complaint. On behalf of the defendants, checks shall be issued within thirty (30) days after approval of this stipulation by the Court and receipt by defendants' counsel, by ECF, of the fully executed So Ordered Stipulation of Settlement. This Stipulation of Settlement and any Order entered thereon shall have no precedential value of effect whatsoever and shall not be admissible in any other action or proceeding as evidence or for any other purpose except in an action or proceeding to enforce this Stipulation of Settlement. SO ORDERED., (John Distefano, The Town of Greenburgh, Richard A. Barros and Massimo Buccheri terminated.) (Signed by Magistrate Judge Paul E. Davison on 12/1/17) (yv)
|
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Case Management Conference held on 12/1/2017. Case has settled. (Court Reporter Courtflow) (ld) |
| Filing 67 ENDORSED LETTER: addressed to Magistrate Judge Paul E. Davison, from Michael H. Joseph, Esq., dated September 27, 2017, re: Adjournment of conference. ENDORSEMENT: Adjourned to 12/1/17 @ 11:00 a.m. (Pretrial Conference set for 12/1/2017 at 11:00 AM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 9/27/2017) (ap) |
|
Filing 66
DECISION AND ORDER: granting in part and denying in part #55 Motion for Summary Judgment. For the foregoing reasons: (1) defendants' motion for summary judgment is GRANTED IN PART, and Gathers' false arrest claim, his due process claim and his malicious prosecution claim grounded upon the charge of unlawful possession of marijuana are dismissed; and (2) defendants' motion for summary judgment is DENIED as to Gathers' excessive force claim and his malicious prosecution claim grounded upon the charges of attempted assault, obstruction of governmental administration and resisting arrest. The Clerk of the Court is respectfully directed to terminate the pending motion (Dkt. #55). The Court has scheduled a Pretrial Conference on November 3, 2017 at 11:00 a.m. in Courtroom 420. Pretrial conference set for 11/3/2017, at 11:00 A.M. (Signed by Magistrate Judge Paul E. Davison on 9/26/2017) (ap)
|
| Set/Reset Hearings: Pretrial Conference set for 11/3/2017 at 11:00 AM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison. (ap) |
| Filing 65 RULE 56.1 STATEMENT. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Attachments: #1 Supplement Gathers Deposition #1, #2 Supplement Gathers Deposition #2, #3 Supplement Buccheri Deposition, #4 Supplement Barros Deposition, #5 Supplement Montenez Deposition, #6 Supplement Pope Deposition, #7 Supplement Snipe Deposition, #8 Supplement Patterson Deposition, #9 Supplement Gathers/Montenez Trial, #10 Supplement DiStefano Trial, #11 Supplement Buccheri Trial, #12 Supplement Trial Proceedings)(Troetti, Thomas) |
| Filing 64 MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment . . Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Troetti, Thomas) |
| Filing 63 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment . . Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Troetti, Thomas) |
| Filing 62 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 1/2/2017 re: Counsel requests permission to file a Memorandum of Law which exceeds the page limit for a Reply Memorandum of law by three (3) pages. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Paul E. Davison on 1/3/2017) (mml) |
| Filing 61 COUNTER STATEMENT TO Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Attachments: #1 Supplement Tolbert Depo. Trans., #2 Supplement McCarthy Depo. Trans., #3 Supplement Norrs Crim. Trial Trans.)(Troetti, Thomas) |
| Filing 60 DECLARATION of Thomas J. Troetti in Support re: #55 MOTION for Summary Judgment .. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Attachments: #1 Exhibit J, #2 Exhibit K)(Troetti, Thomas) |
| Filing 59 DECLARATION of Michael Joseph, Esq. in Opposition re: #55 MOTION for Summary Judgment .. Document filed by Anthony Gathers. (Attachments: #1 Exhibit Ex. 1: The cited portions of Anthony Gathers deposition, #2 Exhibit Ex. 2: The cited portions of the deposition testimony of ADA McCarty, #3 Exhibit Ex. 3: The cited portions of Defendant Buccheri's deposition, #4 Exhibit Ex. 4: The cited portions of Defendant DiStefano's testimony, #5 Exhibit Ex. 5: The relevant portion of the Greenburgh Town Code,, #6 Exhibit Ex. 6: The cited portions of Sabrina Gathers' deposition, #7 Exhibit Ex. 7: The cited portions of Gary Patterson's deposition, #8 Exhibit Ex. 8: The felony complaint, #9 Exhibit Ex. 9: The Superceding misdemeanor information, #10 Exhibit Ex. 10: Barros' incident/investigation report, #11 Exhibit Ex. 11: The Case supplement report prepared by Buccheri, #12 Exhibit Ex. 12: The cited portions of the deposition testimony of ADA Tolbert, #13 Exhibit Ex. 13: The cited portions of Kharisma Montenez's deposition, #14 Exhibit Ex. 14: The cited portions of nurse practitioner Mirjam Norris-Nommensen's testimony, #15 Exhibit Ex. 15: The cited portions of DiStefano's trial testimony, #16 Exhibit Ex. 16: The cited portion of Anthony Gathers' trial testimony, #17 Exhibit Ex. 17: This Court's decision on summary judgment motions on the Patterson Plaintiff's, #18 Exhibit Ex. 18: cited portions of Kharisma Montenez's trial testimony)(Joseph, Michael) |
| Filing 58 RULE 56.1 STATEMENT. Document filed by Anthony Gathers. (Joseph, Michael) |
| Filing 57 MEMORANDUM OF LAW in Opposition re: #55 MOTION for Summary Judgment . . Document filed by Anthony Gathers. (Joseph, Michael) |
| Filing 56 DECLARATION of Thomas J. Troetti in Support re: #55 MOTION for Summary Judgment .. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (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)(Troetti, Thomas) |
| Filing 55 MOTION for Summary Judgment . Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. Responses due by 12/20/2016 Return Date set for 1/3/2017 at 10:00 AM.(Troetti, Thomas) |
|
Filing 54
ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J Troetti, dated 11/13/2016, re: Counsel writes to request that the deadline for filing the motion electronically be extended and to request permission to file a Memorandum of Law which is twenty-six (26) pages. ENDORSEMENT: Both requests are granted. However, counsel must serve paper copies on plaintiff's counsel if there is further delay with electronic filing. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/14/2016) (lnl)
|
| Filing 53 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 10/21/16 re: request, on consent, for an extension to file their motion for summary judgment. ENDORSEMENT: Application Granted. (Motions due by 11/13/2016. Responses due by 12/30/2016. Replies due by 1/3/2017.) (Signed by Magistrate Judge Paul E. Davison on 10/21/16) (yv) Modified on 11/14/2016 (lnl). |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Case Management Conference held on 8/26/2016. Defendants' motion for summary judgment is due 10/26/16. Plaintiff's response is due 12/2/16. Defendants' reply is due 12/16/16. (Court Reporter Courtflow) (mc) |
| Filing 52 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 7/26/2016 re: I respectfully request permission to file a pre-motion conference letter of up to four (4) pages. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Paul E. Davison on 7/26/2016) (rj) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Case Management Conference held on 7/11/2016. Plaintiffs' objection to a further limited deposition of plaintiff Patterson is sustained. Defendants' pre-motion letter(s) due July 29, 2016; plaintiffs' response due August 22, 2016. Pre-motion conference scheduled for August 26, 2016 at 10:00 a.m. (Court Reporter Courtflow) (ld) |
|
Filing 51
ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 6/29/2016 re: I am reporting to the Court that, at this point, we are unable to take the deposition of Anthony Gathers on or before June 30, 2016 and that there exists a dispute about the obligation of Gary Patterson to appear for a further limited deposition. ENDORSEMENT: The parties should convene the Gathers deposition on the first mutually-convenient date. Plaintiff's counsel should either agree to produce Patterson for deposition or submit a letter to the Court outlining his reasons for objecting no later than 7/8/2016 at 2:00pm. The Court will then resolve the issue at the previously-scheduled conference on 7/11/2016. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/30/2016) (mml)
|
| Filing 50 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 5/31/2016 re: Defendants request, on consent, an extension of the discovery schedule. ENDORSEMENT: Discovery deadline extended to 6/30/16 on consent. Conference previously scheduled for 6/9/16 is adjourned to 7/11/16 at 10:00 am in Courtroom 420. ( Discovery due by 6/30/2016. Status Conference set for 7/11/2016 at 10:00 AM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 6/1/2016) (rj) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/5/2016. All outstanding discovery shall be completed by May 31, 2016. Counsel shall appear in person for a conference on June 9, 2016. at 10:00 a.m. in Courtroom 420. (ld) |
|
Filing 49
DECISION AND ORDER denying #28 Motion for Summary Judgment; granting in part and denying in part #22 Motion for Summary Judgment. For the foregoing reasons: (1) plaintiff's motion for summary judgment is DENIED; (2) defendants' motion for summary judgment is GRANTED IN PART, and plaintiffs' 1983 malicious prosecution claim, his 1983 fair trial claim and all claims against defendants John DiStefano and Massimo Buccheri are dismissed; and (3) defendants' motion for summary judgment is DENIED as to plaintiffs' 1983 and state law false arrest claims against defendant Richard Barros and plaintiff's state law malicious prosecution claim against defendant Richard Barros. The Clerk of the Court is respectfully directed to terminate the pending motions (Dkt. #22, #28). (Signed by Magistrate Judge Paul E. Davison on 3/29/2016) (rj)
|
|
Filing 48
RESCHEDULING ORDER: The Court has rescheduled the Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, from March 21, 2016 to April 5, 2016 at 10:00 a.m. Plaintiff's counsel is directed to have all parties on the line before calling chambers. Telephone Conference set for 4/5/2016 at 10:00 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 3/11/2016) (rj)
|
| Filing 47 LETTER addressed to Magistrate Judge Paul E. Davison from Michael H. Joseph, Esq. dated March 10, 2016 re: Status of Gathers Criminal Matter. Document filed by Anthony Gathers, Gary Patterson.(Joseph, Michael) |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #22 MOTION for Summary Judgment . . Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Troetti, Thomas) |
| Filing 45 DECLARATION of Thomas J. Troetti in Support re: #22 MOTION for Summary Judgment .. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N)(Troetti, Thomas) |
| Filing 44 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 11/30/2015 re: I respectfully request that the defendants' time to file a reply be extended, on consent, to tomorrow (i.e. December 1, 2015). ENDORSEMENT: Ok., ( Replies due by 12/1/2015.) (Signed by Magistrate Judge Paul E. Davison on 11/30/2015) (rj) |
| Filing 43 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 11/24/2015 re: I respectfully request permission to file a Reply Memorandum of Law up to 20 pages. This will ensure that as I near completion of the Reply Memorandum of Law by next Monday, November 30, 2015. I will be withing the page limit. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Paul E. Davison on 11/24/2015) (rj) |
| Filing 42 ANSWER to Complaint. Document filed by The Town of Greenburgh.(Marasse, Richard) |
| Filing 41 ANSWER to #38 Amended Complaint,. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano.(Troetti, Thomas) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 10/29/2015. Any responsive papers with regard to outstanding motions due 11/30/15. Defendants' time to answer the Amended Complaint extended to 11/30/15. Next telephone conference scheduled for 3/21/16 at 9:30 am. (mc) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 10/15/2015. Telephone conference scheduled for October 29, 2015 at 5:00 p.m. (ld) |
| Filing 40 LETTER addressed to Magistrate Judge Paul E. Davison from Michael H. Joseph, Esq. dated October 14, 2015 re: Status of Gathers Criminal Matter. Document filed by Anthony Gathers, Gary Patterson.(Joseph, Michael) |
|
Filing 39
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Kenneth M. Karas on 9/30/2015) (lnl)
|
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 9/24/2015. Further briefing on the pending summary judgment motion, and defendants' time to Answer the Amended Complaint, is stayed pending further Order of the Court. Telephone conference scheduled for October 15, 2015 at 5:00 p.m. (ld) |
| Filing 38 AMENDED COMPLAINT amending #1 Complaint against Richard A. Barros, Massimo Buccheri, John Distefano, The Town of Greenburgh with JURY DEMAND.Document filed by Gary Patterson, Anthony Gathers. Related document: #1 Complaint filed by Gary Patterson.(Joseph, Michael) |
| Filing 37 DECLARATION of Michael Joseph in Opposition re: #28 MOTION for Summary Judgment ., #22 MOTION for Summary Judgment .. Document filed by Gary Patterson. (Attachments: #1 Exhibit Ariel Snipe's deposition, #2 Exhibit John DiStefano's Deposition, #3 Exhibit Plaintiff's Deposition, #4 Exhibit Sabrina Gather's Deposition, #5 Exhibit Kharizma Montenez's Deposition, #6 Exhibit Plaintiff's counsel's letter)(Joseph, Michael) |
| Filing 36 MEMORANDUM OF LAW in Opposition re: #22 MOTION for Summary Judgment ., #28 MOTION for Summary Judgment . . Document filed by Gary Patterson. (Joseph, Michael) |
| Filing 35 COUNTER STATEMENT TO #32 Rule 56.1 Statement, Counter Statement to Rule 56.1,, #30 Rule 56.1 Statement, #24 Rule 56.1 Statement. Document filed by Gary Patterson. (Joseph, Michael) |
|
Filing 34
ORDER granting #33 Letter Motion for Extension of Time. Briefing deadlines extended one week on consent. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
|
| Filing 33 LETTER MOTION for Extension of Time for Summary Judgment Opposition and Reply addressed to Magistrate Judge Paul E. Davison from Michael H. Joseph, Esq. dated September 10, 2015. Document filed by Gary Patterson.(Joseph, Michael) |
| Filing 32 RULE 56.1 STATEMENT., COUNTER STATEMENT TO #30 Rule 56.1 Statement, #24 Rule 56.1 Statement. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Attachments: #1 Supplement Patterson, #2 Supplement DiStefano, #3 Supplement Barros, #4 Supplement Buccheri, #5 Supplement Montenez, #6 Supplement Pope, #7 Supplement Snipe)(Troetti, Thomas) |
| Filing 31 DECLARATION of Thomas J. Troetti in Support re: #28 MOTION for Summary Judgment ., #22 MOTION for Summary Judgment .. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (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)(Troetti, Thomas) |
| Filing 30 RULE 56.1 STATEMENT. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Troetti, Thomas) |
| Filing 29 MEMORANDUM OF LAW in Support re: #22 MOTION for Summary Judgment ., #28 MOTION for Summary Judgment . . Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. (Troetti, Thomas) |
| Filing 28 MOTION for Summary Judgment . Document filed by Richard A. Barros, Massimo Buccheri, John Distefano. Responses due by 9/16/2015 Return Date set for 9/30/2015 at 10:00 AM.(Troetti, Thomas) |
| Filing 27 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 8/21/2015 re: Defense counsel respectfully request one further adjournment on consent, extending the briefing schedule by one week as follows: August 31, 2015 Defendants' motion for summary judgment and opposition to plaintiff's motion. September 16, 2015 Plaintiff's reply and opposition to defendants' motion. September 30, 2015 Defendants' reply to plaintiff's motion. ENDORSEMENT: Application Granted., ( Motions due by 8/31/2015., Responses due by 9/16/2015, Replies due by 9/30/2015.) (Signed by Magistrate Judge Paul E. Davison on 8/21/2015) (rj) |
| Filing 26 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Thomas J. Troetti dated 8/4/2015 re: I respectfully request, on consent, an adjournment to August 24, 2015, of my time to submit a response to the plaintiff's motion for summary judgment and to cross move for the same relief. Mr. Joseph and I agreed to adjust the balance of the briefing schedule to provide for his reply opposition to be submitted by September 9, 2015, followed by the defendants' reply to no later than September 23, 2015. ENDORSEMENT: Application Granted., ( Responses due by 9/9/2015, Replies due by 9/23/2015.) (Signed by Magistrate Judge Paul E. Davison on 8/4/2015) (rj) |
| Filing 25 DECLARATION of Michael Joseph in Support re: #22 MOTION for Summary Judgment .. Document filed by Gary Patterson. (Attachments: #1 Exhibit The cited pages of Richard Barros' deposition, #2 Exhibit The cited pages of John DiStefano's deposition, #3 Exhibit The cited pages of Massimo Buccheri deposition, #4 Exhibit The cited pages of Plaintiff's deposition, #5 Exhibit Incident report prepared by Defendant Barros, #6 Exhibit The information prepared by Defendant Barros, #7 Exhibit The information prepared by Defendant Barros, #8 Exhibit Plaintiff's complaint and the individual Defendants' answer, #9 Exhibit The cited portions of the deposition of Iashia Pope, #10 Exhibit The Declaration of Aleek Rodriguez, Joseph Reggina and Kurt Winter, #11 Exhibit The extracted images from the video, #12 Exhibit The Plaintiff's declaration, #13 Exhibit The extracted images from the video of the underlying incident)(Joseph, Michael) |
| Filing 24 RULE 56.1 STATEMENT. Document filed by Gary Patterson. (Joseph, Michael) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION for Summary Judgment . . Document filed by Gary Patterson. (Joseph, Michael) |
| Filing 22 MOTION for Summary Judgment . Document filed by Gary Patterson. Responses due by 8/10/2015 Return Date set for 9/11/2015 at 10:00 AM. (Attachments: #1 Affidavit Declaration of Service)(Joseph, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 6/9/2015. Plaintiff's summary judgment motion shall be filed by July 10, 2015; defendants' response/cross-motion by August 10, 2015; plaintiff's reply/opposition to cross-motion by August 24, 2015; defendants' reply by September 11, 2015. Telephone conference scheduled for September 24, 2015 at 9:30 a.m. (ld) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/24/2015. Telephone conference scheduled for June 9, 2015 at 9:30 a.m. (ld) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. Defendants' pre-motion letters by March 3, 2015; plaintiff's pre-motion letter by March 17, 2015. Telephone conference scheduled for March 24, 2015 at 10:00 a.m. (rj) |
|
Filing 21
RESCHEDULING ORDER: The Court has scheduled a telephone conference before the Honorable Paul E. Davison, United States Magistrate Judge, on February 10, 2015 at 9:30 am. Plaintiff's counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. Telephone Conference set for 2/10/2015 at 09:30 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 1/28/2015) (rj)
|
|
Filing 20
SCHEDULING ORDER :The Court has scheduled a telephone conference before the Honorable Paul E. Davison, United States Magistrate Judge, on January 27, 2015 at 10:00 am. Plaintiff's counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. Telephone Conference set for 1/27/2015 at 10:00 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 12/18/2014) (rj)
|
|
Filing 19
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73.(Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. (Signed by Judge Kenneth M. Karas on 12/17/2014) (lnl)
|
| Filing 18 LETTER addressed to Magistrate Judge Paul E. Davison from Michael H. Joseph dated 12/16/2014 re: We represent Plaintiff in the above referenced matter and write pursuant to the Court's directive at the last conference. Please allow this letter to confirm that discovery is complete. Document filed by Gary Patterson.(rj) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: In person conference held. Defendants' deposition of plaintiff's grandmother may go forward, limited to two hours maximum. All discovery must be completed prior to counsel's 12/17/14 conference with J. Karas. Plaintiff's counsel shall fax letter to chambers (J. Davison) by 12/16/14, confirming completion of discovery. (rj) |
| Filing 17 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Michael H. Joseph dated 11/7/2014 re: I therefore request that a pre motion conference be scheduled for the undersigned to move to quash the subpoena and that the subpoena be stayed pending the resolution of the motion. I note that we have status telephone conference for November 12, 2014 which is the return date of the subpoena. ENDORSEMENT: The 11/12/14 conference previously scheduled to be held telephonically at 9:15 am is converted to an in person conference. The referenced subpoena is STAYED pending that conference., ( Status Conference set for 11/12/2014 at 09:15 AM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 11/7/2014) (rj) |
|
Filing 16
MEMO ENDORSEMENT granting #15 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Michael H. Joseph, Esq. dated October 8, 2014. ENDORSEMENT: The requested discovery request is granted, but no more such requests will be granted. The next conference will be December, 17 2014, at 3:30. So Ordered. Deposition due by 11/12/2014. (Signed by Judge Kenneth M. Karas on 10/9/2014) (lnl)
|
| Set/Reset Hearings: Status Conference set for 12/17/2014 at 03:30 PM before Judge Kenneth M. Karas. (lnl) |
| Filing 15 LETTER MOTION for Extension of Time addressed to Judge Kenneth M. Karas from Michael H. Joseph, Esq. dated October 8, 2014. Document filed by Gary Patterson.(Joseph, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. Telephone conference scheduled for November 12, 2014 at 9:15 a.m. (rj) |
|
Filing 14
MEMO ENDORSEMENT on re: #13 Endorsed Letter. ENDORSEMENT: This Court previously conducted in camera inspection of certain police records and entered an Order setting forth the standard applied by the Court in determining what records must be produced to plaintiffs. (Dkt. 12.) Defense counsel has now supplemented the earlier submission and, on September 16, 2014 submitted to chambers 16 additional pages of police documents and two compact discs containing recorded interviews. The Court has carefully reviewed these materials, applying the same standards previously described. After in camera inspection, the Court finds that all the materials submitted to the Court on September 16 that is, all 16 pages as well as both compact discs are discoverable in this action. Defendants shall provide copies of these materials to plaintiff's counsel within 5 days. As appropriate, these materials may be redacted as authorized in the Court's earlier Order (Dkt. 12), and shall be treated as confidential under the terms set out in that Order. (Signed by Magistrate Judge Paul E. Davison on 9/26/2014) (rj)
|
| Filing 13 ENDORSED LETTER addressed to Magistrate Judge Paul E. Davison from Richard L. Marasse dated 9/15/2014 re: I respectfully request permission to now submit certain additional items for your in camera review. These items consist of 16 pages of documents and 2 CD's. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Paul E. Davison on 9/16/2014) (rj) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held. Telephone conference scheduled for October 8, 2014 at 9:30 a.m. (rj) |
|
Filing 12
ORDER: The Court has now completed in camera inspection. The following documents must be disclosed to plaintiff: Officer Richard Barros: No documents. Officer Massimo Buccheri: Two-page Town of Greenburgh Police Department Statement dated 5/17/12. [The Court has attached a yellow Post-It note to the pertinent document to facilitate identification.] Defendant is directed to produce a legible copy of the identified document to plaintiff's counsel within 5 business days. Any social security numbers, dates of birth, or similar personal identification information, may be redacted prior to production. This document is produced for purposes of this litigation only, and shall remain confidential. All counsel are directed to use this document and its contents only in connection with preparation for trial. All counsel are directed to insure that any person to whom this document is shown or with whom the contents of this document are discussed are advised of the contents of this Order, and specifically that the use of this document or information contained in it is to be used solely for purposes of this litigation and is not to he further disseminated or distributed in any way for any purpose. Any failure to comply with this confidentiality provision may result in the imposition of sanctions, including monetary sanctions, preclusion of evidence at trial, and striking of pleadings. The Clerk is directed to return the records to counsel for Town of Greenburuh along with a copy of this Order. (Signed by Magistrate Judge Paul E. Davison on 8/11/2014) (rj)
|
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Defendant Town of Greenburgh shall provide responsive documents to chambers for in camera review. Telephone conference scheduled for September 3, 2014 at 9:30 a.m. (rj) |
|
Filing 11
SCHEDULING ORDER: The Court has scheduled a telephone conference before the Honorable Paul E. Davison, United States Magistrate Judge, on July 28, 2014 at 10:00 am. Plaintiff's counsel will be responsible for placing the conference call. Please have all parties on the line when calling chambers. Telephone Conference set for 7/28/2014 at 10:00 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 6/16/2014) (rj)
|
|
Filing 10
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 Paul E. Davison on 6/12/2014) (rj)
|
|
Filing 9
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 Paul E. Davison. (Signed by Judge Kenneth M. Karas on 6/10/2014) (lnl)
|
| Filing 8 LETTER addressed to Judge Kenneth M. Karas from Thomas Troetti/Richard Marasse dated June 9, 2014 re: Withdrawal of consent of assignment to Magistrate. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano, The Town of Greenburgh.(Marasse, Richard) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 6/5/2014. Michael Joseph for Plaintiff; Thomas Troetti and Richard Marasse for Defendant. No court reporter served. The Parties discussed the status of the case and the Court set a scheduling order. See Scheduling Order. (lnl) |
|
Filing 7
CASE MANAGEMENT AND SCHEDULING ORDER: No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. All Fact Discovery due by 10/31/2014. Depositions due by 10/15/2014. Parties have conferred and their present best estimate of the length of trial is 1-2 weeks. Case Management Conference set for 11/21/2014 at 02:00 PM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/5/2014) (lnl)
|
|
Filing 6
MEMO ENDORSEMENT on #5 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Richard L. Marasse dated 4/21/14. ENDORSEMENT: The May 2 conference is adjourned to June 5, 2014, at 3:00. So Ordered. Initial Conference set for 6/5/2014 at 03:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 4/22/2014) (lnl)
|
| Filing 5 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Richard L. Marasse dated 4/21/14. Document filed by The Town of Greenburgh.(Marasse, Richard) |
|
Filing 4
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a Rule (16) conference before the Honorable Kenneth M. Karas, United States District Judge, on Friday, May 2, 20I4 at II: 15 a.m. in Courtroom 52 I, U. S. District Court, 300 Quarropas Street, White Plains, New York I0601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least three business days beforehand. So Ordered. Initial Conference set for 5/2/2014 at 11:15 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 4/17/2014) (lnl)
|
| Filing 3 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Richard A. Barros, Massimo Buccheri, John Distefano.(Troetti, Thomas) |
| Filing 2 ANSWER to #1 Complaint. Document filed by The Town of Greenburgh.(Marasse, Richard) |
| Filing 1 COMPLAINT against Richard A. Barros, Massimo Buccheri, John Distefano, The Town of Greenburgh. (Filing Fee $ 350.00, Receipt Number 465407006418)Document filed by Gary Patterson. (mml) |
| SUMMONS ISSUED as to Richard A. Barros, Massimo Buccheri, John Distefano, The Town of Greenburgh. (mml) |
| Magistrate Judge Paul E. Davison is so designated. (mml) |
| Case Designated ECF. (mml) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
