Lyons et al v. State of New York, Division of Police
| Seamus Lyons and Noel Nelson |
| State of New York, Division of State Police and Joseph D'Amico |
| General NYS Attorney |
| 7:2015cv03669 |
| May 12, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Paul E Davison |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Equal Rights Under the Law |
| Both |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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Filing 152
LETTER addressed to Magistrate Judge Paul E. Davison from Michael J. Keane dated May 25, 2022 re: Objection to Plaintiffs' proposed charges. Document filed by General NYS Attorney, Joseph D'Amico..(Keane, Michael)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Jury Trial held on 5/20/2022. (Court Reporter Angela O'Donnell) (bal)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Jury Trial held on 5/19/2022. (Court Reporter Christina Arends Dieck) (bal)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Jury Trial held on 5/23/2022. (Court Reporter Angela O'Donnell) (bal)
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Filing 151
PROPOSED JURY INSTRUCTIONS. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 150
REPLY to Response to Motion re: #123 MOTION in Limine . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Keane, Michael)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Jury Trial begun on 5/17/2022. Opening statements given and witness called. (Court Reporter Christina Arends Dieck) (bal) Modified on 5/19/2022 (bal).
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Jury Trial continued on 5/18/2022. Morning court reporter Angela O'Donnell, afternoon reporter Christina Arends Dieck. (Court Reporter Angela O'Donnell) (bal)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Jury Selection held on 5/17/2022. Eight jurors selected and sworn. (Court Reporter Courtflow) (bal)
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Filing 149
NOTICE of Plaintiffs' Objection to Defendants' Exhibits. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 148
Exhibit List . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 147
RESPONSE to Plaintiffs' Amended Exhibit List. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 146
Exhibit List Amended. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 145
NOTICE of Deposition Testimony Designation for Trial. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 144
PROPOSED JURY INSTRUCTIONS. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 143
Exhibit List . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 142
REPLY to Response to Motion re: #123 MOTION in Limine . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Keane, Michael)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher Dale Watkins to RE-FILE Document #138 MOTION Allow Witness to Testify By Video . Use the event type Letter found under the event list Other Documents. (db)
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Filing 141
MOTION to Authorize Bring Electronic Device for Trial . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 140
NOTICE of Defendants' Proposed Verdict Form. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 139
REPLY MEMORANDUM OF LAW in Support re: #123 MOTION in Limine . . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 138
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Allow Witness to Testify By Video . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher) Modified on 5/6/2022 (db).
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Filing 137
MEMORANDUM OF LAW in Opposition re: #123 MOTION in Limine . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 136
MEMORANDUM OF LAW in Opposition re: #127 MOTION in Limine . . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 135
NOTICE OF APPEARANCE by Michael James Keane on behalf of Joseph D'Amico, State of New York, Division of State Police..(Keane, Michael)
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Filing 134
NOTICE OF APPEARANCE by Michael James Keane on behalf of Joseph D'Amico, State of New York, Division of State Police..(Keane, Michael)
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Filing 133
PROPOSED JURY INSTRUCTIONS. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 132
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - AGREEMENT FOR VERDICT by Jury of Less than Six Members. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil) Modified on 4/28/2022 (kj).
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Filing 131
REQUEST TO CHARGE. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 130
PROPOSED VOIR DIRE QUESTIONS. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 129
WITNESS LIST. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 128
MEMORANDUM OF LAW in Support re: #127 MOTION in Limine . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 127
MOTION in Limine . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 126
REQUEST TO CHARGE. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 125
AFFIRMATION of Christopher D. Watkins in Support re: #123 MOTION in Limine .. Document filed by Seamus Lyons, Noel Nelson. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Watkins, Christopher)
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Filing 124
MEMORANDUM OF LAW in Support re: #123 MOTION in Limine . . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 123
MOTION in Limine . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 122
WITNESS LIST. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 121
REQUEST FOR VOIR DIRE. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/29/2022. (la)
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Filing 120
RESCHEDULING ORDER: The telephone conference scheduled for March 28, 2022 at 9:30 a.m. before the Hon. Paul E. Davison, U.S.M.J., is rescheduled to March 29, 2022 at 9:30 a.m. NOTIFY ALL OTHER PARTIES OF THIS SCHEDULE IMMEDIATELY! SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 3/9/2022) Telephone Conference set for 3/29/2022 at 09:30 AM before Magistrate Judge Paul E. Davison. (ks)
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Filing 119
TRIAL ORDER: Jury selection in this action will be held on May 17, 2022, at 9:30 a.m. Trial shall proceed immediately following the completion of jury selection. Unless otherwise specified by the Court, trial shall continue from day to day from 9:30 a.m. until 5:00 p.m. Proposed voir dire and witness lists must be filed by April 25, 2022. Proposed jury instructions and a proposed verdict form must be filed by April 25, 2022. Each party must submit a complete jury instruction for each claim or defense the party wishes to present to the jury, and each proposed jury instruction shall indicate the authority for the requested instruction and, if a pattern instruction is used, whether the proposed instruction has been adapted or modified. Any motions in limine, as well as any trial memoranda counsel wishes to submit, shall be filed by April 25, 2022. Responses to motions in limine shall be filed by May 2, 2022. Any replies are due May 6, 2022. The aforementioned papers shall be filed via ECF. Counsel shall simultaneously provide courtesy copies to Chambers. Counsel shall pre-mark all exhibits. Counsel shall provide the Court with courtesy copies of all exhibits, as well as any deposition transcripts to be used at trial, prior to the start of trial. A telephonic pretrial conference is scheduled for March 28, 2022, at 9:30 a.m.. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 2/25/2022) ( Motions due by 4/25/2022., Responses due by 5/2/2022, Replies due by 5/6/2022., Jury Selection set for 5/17/2022 at 09:30AM before Magistrate Judge Paul E. Davison., Jury Trial set for 5/17/2022 at 09:30 AM before Magistrate Judge Paul E. Davison., Telephone Conference set for 3/28/2022 at 09:30 AM before Magistrate Judge Paul E. Davison.) (ks)
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Filing 118
LETTER addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins dated 01/09/2022 re: Trial. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone conference held on 12/02/2021. Counsel shall file a joint letter with proposed trial dates by 01/18/2022. Conference adjourned without date. (HSF)
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Filing 117
RESCHEDULED SCHEDULING ORDER: PLEASE NOTE CHANGE IN TIME. The Court has scheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on December 2, 2021 at 2:30 pm PLEASE NOTE JUDGE DAVISON'S COVID-19 ORDER (docketed separately) setting forth procedures applicable to all civil cases. PLEASE NOTIFY YOUR ADVERSARY OF THIS SCHEDULE IMMEDIATELY. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/30/2021) Telephone Conference set for 12/2/2021 at 02:30 PM before Magistrate Judge Paul E. Davison. (ks)
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Filing 116
SCHEDULING ORDER: The Court has scheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on December 2, 2021 at 10:00 a.m. PLEASE NOTE JUDGE DAVISON'S COVID-19 ORDER (docketed separately) setting forth procedures applicable to all civil cases. PLEASE NOTIFY YOUR ADVERSARY OF THIS SCHEDULE IMMEDIATELY. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/30/2021) Telephone Conference set for 12/2/2021 at 10:00 AM before Magistrate Judge Paul E. Davison. (ks)
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Filing 115
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 from 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 11/30/2021) (ks)
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Filing 114
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by General NYS Attorney, Joseph D'Amico, Seamus Lyons, Noel Nelson, State of New York, Division of State Police. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. (Signed by Judge Nelson Stephen Roman on 11/29/2021).(ate)
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Minute Entry for proceedings held before Judge Nelson Stephen Roman: Interim Pretrial Conference held via telephone on 4/22/2021. Plaintiffs counsel Christopher Watkins, Esq. present. Defendants counsel Neil Shevlin, Esq. and Julinda Dawkins, Esq. present. Court Reporter is Tabitha Dente. Settlement discussions havent been held. Defendants need to receive a demand from Plaintiffs before they know if settlement is possible. Ten (10) day Jury trial is scheduled for January 31, 2022 or, alternatively, for February 7, 2022. Jury selection will begin on the morning of the trial date. Joint Pretrial Order shall be submitted on November 29, 2021. Voir dire, request to charge, all proposed jury instructions, proposed verdict sheet, witness lists, exhibit lists and copies of premarked, tabbed exhibits (in binders) (Plaintiffs use numbers; Defendants use alphabet) shall be submitted to chambers on January 17, 2022. Two sets of all the above documents are due the morning of the respective deadline date. Motions in limine briefing schedule is as follows: moving papers shall be filed December 3, 2021; opposition papers shall be filed December 10, 2021; and replies shall be filed December 17, 2021. The parties are directed to provide 2 courtesy copies of all motion documents to chambers as the documents are filed. No extensions will be entertained these are FINAL dates. Final Pretrial Conference via telephone is scheduled for January 21, 2022 at 2:00 pm. The parties are encouraged to continue discussing settlement. To access the AT&T teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. ( Exhibit List due by 1/17/2022., Motions due by 12/3/2021., Pretrial Order due by 11/29/2021., Replies due by 12/17/2021., Responses due by 12/10/2021, Final Pretrial Conference set for 1/21/2022 at 02:00 PM before Judge Nelson Stephen Roman., Jury Selection set for 1/31/2022 at 09:30AM before Judge Nelson Stephen Roman., Jury Trial set for 1/31/2022 at 09:30 AM before Judge Nelson Stephen Roman., Jury Selection set for 2/7/2022 at 09:30AM before Judge Nelson Stephen Roman., Jury Trial set for 2/7/2022 at 09:30 AM before Judge Nelson Stephen Roman.). (Court Reporter Tabitha Dente) (gs)
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Filing 113
OPINION & ORDER re: #106 MOTION for Reconsideration . filed by State of New York, Division of State Police, Joseph D'Amico, #96 MOTION for Reconsideration re; #91 Memorandum & Opinion,, . filed by Noel Nelson. For the foregoing reasons, the Court DENIES Defendants motion under Rule 60(b)(2); GRANTS both motions under Rule 60(b)(1); and upon reconsideration, reinstates Nelson's Title VII retaliation claim against the NYSP. The parties are directed to appear for a telephonic pretrial conference on April 22, 2021 at 1:00 pm. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334 #; (3) Press pound (#) to enter the teleconference as a guest. The Clerk of Court is directed to terminate the motions at ECF Nos. 96 and 106. SO ORDERED., Telephone Conference set for 4/22/2021 at 01:00 PM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 3/31/2021) (rj)
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Filing 112
AFFIRMATION of Neil Shevlin in Support re: #106 MOTION for Reconsideration .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Attachments: #1 Exhibit).(Shevlin, Neil)
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Filing 111
REPLY MEMORANDUM OF LAW in Support re: #106 MOTION for Reconsideration . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 110
MEMORANDUM OF LAW in Opposition re: #106 MOTION for Reconsideration . . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 109
DECLARATION of Amanda Nissen in Support re: #106 MOTION for Reconsideration .. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 108
AFFIRMATION of Thomas Capezza in Support re: #106 MOTION for Reconsideration .. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 107
MEMORANDUM OF LAW in Support re: #106 MOTION for Reconsideration . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 106
MOTION for Reconsideration . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 105
ADJOURNMENT ORDER: The above case previously scheduled for a Pretrial Conference on August 5, 2020 before the United States District Judge Nelson S. Roman, is hereby adjourned sine die pending resolution of the parties' respective motions for reconsideration. (Signed by Judge Nelson Stephen Roman on 7/31/2020) (rj) Modified on 8/11/2020 (rj).
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Filing 104
ORDER granting #102 Letter Motion for Extension of Time; granting #102 Letter Motion for Leave to File Document. The Court reviewed the attached letter motion from Defendants seeking to file a motion for reconsideration, dated June 30, 2020 (ECF No. 102). The Court has also reviewed Plaintiffs' response (ECF No. 103). The Court grants Defendants leave to file their motion with the following briefing schedule: moving papers are to be served (not filed) on August 31, 2020; Plaintiff's opposition is to be served (not filed) on September 15, 2020; Defendants' reply shall be served on September 22, 2020. There will be no further extensions. Defendants are further instructed that their motion must comply with the statutory requirements of Federal Rule of Civil Procedure 60. All motion documents shall be filed on the reply date, September 22, 2020. The parties shall provide two copies of their respective documents to chambers as the documents are served. As long as Judge Roman's Emergency Rules remain in place, copies shall be delivered to chambers in electronic form. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 102. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/31/2020) (ks)
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Set/Reset Deadlines: Motions due by 9/22/2020. Responses due by 9/22/2020 Replies due by 9/22/2020. (ks)
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Filing 103
LETTER addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 07/01/2020 re: Opposing Defendants' Request for A Further Extsion of Time. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 102
LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Neil Shevlin and Julinda Dawkins dated June 30, 2020., LETTER MOTION for Leave to File Supporting Declarations addressed to Judge Nelson Stephen Roman from Neil Shevlin and Julinda Dawkins dated June 30, 2020. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Dawkins, Julinda)
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Filing 101
REPLY MEMORANDUM OF LAW in Support re: #96 MOTION for Reconsideration re; #91 Memorandum & Opinion,, . . Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 100
MEMORANDUM OF LAW in Opposition re: #96 MOTION for Reconsideration re; #91 Memorandum & Opinion,, . . Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 99
ORDER granting #98 Letter Motion for Extension of Time. The application is granted. Clerk of the Court requested to terminate the motion (doc. 98). Motions due by 6/30/2020. (Signed by Judge Nelson Stephen Roman on 6/16/2020) (rj)
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Filing 98
LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Neil Shevlin dated June 15, 2020. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 97
MEMORANDUM OF LAW in Support re: #96 MOTION for Reconsideration re; #91 Memorandum & Opinion,, . . Document filed by Noel Nelson..(Watkins, Christopher)
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Filing 96
MOTION for Reconsideration re; #91 Memorandum & Opinion,, . Document filed by Noel Nelson..(Watkins, Christopher)
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Filing 95
ORDER granting #93 Letter Motion for Extension of Time. The Pretrial Conf. scheduled for July 30, 2020 is adjourned until Aug. 5, 2020 at 12:00 pm. Clerk of the Court requested to terminate the motion ( doc. 93 ). So Ordered. (Signed by Judge Nelson Stephen Roman on 6/5/20) (yv)
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Set/Reset Hearings: Pretrial Conference set for 8/5/2020 at 12:00 PM before Judge Nelson Stephen Roman. (yv)
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Filing 94
MEMO ENDORSEMENT on re: #92 Letter filed by Noel Nelson, Seamus Lyons. ENDORSEMENT: The Court will issue a Corrected Opinion to remedy the deficiencies contained in the pdf of the Court's June 2, 2020 Opinion (ECF. 91 ). (Signed by Judge Nelson Stephen Roman on 6/5/2020) (cf)
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Filing 93
LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Neil Shevlin dated June 4, 2020. Document filed by Joseph D'Amico, State of New York, Division of State Police..(Shevlin, Neil)
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Filing 92
LETTER addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 06/03/2020 re: Summary Judgment Opinion & Order. Document filed by Seamus Lyons, Noel Nelson..(Watkins, Christopher)
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Filing 91
OPINION & ORDER re: #75 MOTION for Summary Judgment filed by State of New York, Division of State Police, Joseph D'Amico. For the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part. Nelson's Title VII claims are dismissed with prejudice. Plaintiffs' 1981 retaliation and First Amendment retaliation claims remain. A Pretrial Conference is scheduled for July 30, 2020 at 11 :00 am. Accordingly, the Court respectfully directs the Clerk of the Court to terminate the motion at ECF No. 75. (Signed by Judge Nelson Stephen Roman on 6/2/2020) (mro) (Main Document 91 replaced on 6/5/2020) (rro). Modified on 6/5/2020 (rro).
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Set/Reset Hearings: Pretrial Conference set for 7/30/2020 at 11:00 AM before Judge Nelson Stephen Roman. (mro)
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Filing 90
SEALED DOCUMENT placed in vault.(bal)
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Filing 89
REPLY MEMORANDUM OF LAW in Support re: #75 MOTION for Summary Judgment . . Document filed by Joseph D'Amico, State of New York, Division of State Police. (Shevlin, Neil)
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Filing 88
DECLARATION of AAG Neil Shevlin in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shevlin, Neil)
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Filing 87
AFFIDAVIT of Lisa Loughran in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Shevlin, Neil)
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Filing 86
AFFIRMATION of Christopher D. Watkins in Opposition re: #75 MOTION for Summary Judgment .. Document filed by Seamus Lyons, Noel Nelson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45)(Watkins, Christopher)
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Filing 85
COUNTER STATEMENT TO #77 Rule 56.1 Statement. Document filed by Seamus Lyons, Noel Nelson. (Watkins, Christopher)
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Filing 84
MEMORANDUM OF LAW in Opposition re: #75 MOTION for Summary Judgment . . Document filed by Seamus Lyons, Noel Nelson. (Watkins, Christopher)
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Filing 83
ORDER granting #74 Letter Motion to Seal Document. The application is granted. Clerk of the Court requested to terminate the motion (doc. 74). (Signed by Judge Nelson Stephen Roman on 4/12/2019) (jca) Transmission to Sealed Records Clerk for processing.
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Filing 82
MEMORANDUM OF LAW in Support re: #75 MOTION for Summary Judgment . . Document filed by Joseph D'Amico, State of New York, Division of State Police. (Shevlin, Neil)
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Filing 81
DECLARATION of John P. Harford in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Attachments: #1 Exh. A, #2 Exh. B, #3 Exh. C, #4 Exh. D, #5 Exh. E)(Shevlin, Neil)
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Filing 80
DECLARATION of Joseph D'Amico in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Attachments: #1 Exh. A, #2 Exh. B, #3 Exh. C, #4 Exh. D, #5 Exh. E)(Shevlin, Neil)
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Filing 79
DECLARATION of Kevin Gagan in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Attachments: #1 Exh. A, #2 Exh. B, #3 Exh. C, #4 Exh. D, #5 Exh. E, #6 Exh. F, Part 1, #7 Exh. F, Part 2, #8 Exh. G)(Shevlin, Neil)
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Filing 78
DECLARATION of Dominick L. Chiumento in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shevlin, Neil)
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Filing 77
RULE 56.1 STATEMENT. Document filed by Joseph D'Amico, State of New York, Division of State Police. (Shevlin, Neil)
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Filing 76
DECLARATION of AAG Neil Shevlin in Support re: #75 MOTION for Summary Judgment .. Document filed by Joseph D'Amico, State of New York, Division of State Police. (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)(Shevlin, Neil)
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Filing 75
MOTION for Summary Judgment . Document filed by Joseph D'Amico, State of New York, Division of State Police.(Shevlin, Neil)
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Filing 74
LETTER MOTION to Seal Document addressed to Judge Nelson Stephen Roman from Neil Shevlin dated April 11, 2019. Document filed by Joseph D'Amico, State of New York, Division of State Police.(Shevlin, Neil)
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Filing 73
ORDER granting #72 Letter Motion for Extension of Time to File Response/Reply. The application is granted. Clerk of the Court requested to terminate the motion (doc. 72). (Signed by Judge Nelson Stephen Roman on 4/5/2019) (rj)
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Set/Reset Deadlines: Motions due by 4/15/2019. (rj)
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Filing 72
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Nelson Stephen Roman from Neil Shevlin dated April 4, 2019. Document filed by Joseph D'Amico, State of New York, Division of State Police.(Shevlin, Neil)
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Filing 71
ORDER granting #70 Letter Motion for Leave to File Excess Pages. Plaintiff's request for a 1 page extension for their Memo of Law is GRANTED nunc pro tunc. Clerk of Court requested to terminate the motion (doc. 70). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/19/2019) (kv)
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Filing 70
LETTER MOTION for Leave to File Excess Pages addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 03/19/2019. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 69
ORDER granting #68 Letter Motion for Extension of Time. Plaintiff's request for an extension of the briefing schedule is GRANTED as follows: opposition shall be served by March 15, 2019; and reply shall be served by April 8, 2019. All motion documents shall be filed on April 8, 2019. Clerk of the Court requested to terminate the motion (doc. 68). Motions due by 4/8/2019. (Signed by Judge Nelson Stephen Roman on 2/20/2019) (cf)
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Filing 68
LETTER MOTION for Extension of Time to serve Summary Judgment Opposition addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 02/19/2019. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 67
ORDER granting #66 Letter Motion for Extension of Time to File Response/Reply. The briefing schedule is extended as set forth below. All motion documents shall be filed on March 19, 2019. No further extensions. Clerk of the Court requested to terminate the motion (doc. 66). SO ORDERED. (Responses due by 2/28/2019, Replies due by 3/19/2019.) (Signed by Judge Nelson Stephen Roman on 1/7/2019) (jca)
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Filing 66
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 01/04/2019. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 65
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 11/28/2018 re: extension to serve motion for summary judgement. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 11/29/2018) (rro)
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Filing 64
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 10/16/2018 re: Requesting Defendants' time to serve their motion for summary judgment. ENDORSEMENT: Defendants' request to extend the briefing schedule is GRANTED as follows: moving papers served on Dec. 3, 2018; opposing papers served on Jan. 31, 2019; and reply papers served on Feb. 14, 2019. All motion documents shall be filed on Feb. 14, 2019. Two courtesy copies shall be provided to chambers as the documents are served on the adversary. NO FURTHER EXTENSIONS. SO ORDERED. (Motions due by 2/14/2019, Responses due by 1/31/2019, Replies due by 2/14/2019.) (Signed by Judge Nelson Stephen Roman on 10/17/2018) (jca)
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Minute Entry for proceedings held before Judge Nelson Stephen Roman: Status Conference held on 7/25/2018. Plaintiffs and Defendants counsel present. Court reporter is Sabrina DEmidio. Discovery essentially completed. Defendants will produce letter within 2 weeks. Defendants granted leave to file motion for summary judgment with following briefing schedule: moving papers shall be served not filed October 19, 2018; opposition shall be served not filed, November 19, 2018; and reply shall be served December 4, 2018. The parties are directed to file all motion documents on the reply date, December 4, 2018, and to provide 2 copies of their respective documents to chambers as the documents are served. ( Motions due by 10/19/2018., Replies due by 12/4/2018., Responses due by 11/19/2018). (Court Reporter Sabrina D'Emidio) (gs)
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Filing 63
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 7/3/2018 re: request to adjourn conference. ENDORSEMENT: The Status Conf. is adjourned from July 6, 2018 until July 25, 2018 at 11:30am. (Status Conference set for 7/25/2018 at 11:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 7/3/2018) (jwh)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 6/29/2018. Discovery substantially complete. Reference closed. (mc)
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Filing 62
LETTER addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins dated 06/27/2018 re: Subpoena Duces Tecum to NYS SDHR. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 61
NOTICE OF CHANGE OF ADDRESS by Julinda A. Dawkins on behalf of Joseph D'Amico, State of New York, Division of State Police. New Address: State of New York Office of the Attorney General, 28 Liberty Street, 18th Fl, New York, NY, US 10005, 212-416-8118. (Dawkins, Julinda)
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Filing 60
ORDER granting #58 Letter Motion to Adjourn Conference. The application is granted. Status Conference scheduled for May 25, 2018 adjourned until July 6, 2018 at 11:00 am. Clerk of the Court requested to terminate the motion (doc. 58). Status Conference set for 7/6/2018 at 11:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 5/7/2018) (rj)
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Filing 59
LETTER addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins dated 05/07/2018 re: Subpoena Duces Tecum to NY State Division of Human Rights. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 58
LETTER MOTION to Adjourn Conference of May 25, 2018 until after June 29, 2018 addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 05/07/2018. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 5/7/2018. Parties' request for a discovery deadline extension GRANTED. ALL fact discovery to be completed no later than 6/29/18. Telephone Conference scheduled for 6/29/18 at 9:30 a.m. (mc)
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Filing 57
NOTICE OF CHANGE OF ADDRESS by Neil Shevlin on behalf of Joseph D'Amico, State of New York, Division of State Police. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, NY, US 10005, 212-416-8561. (Shevlin, Neil)
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Filing 56
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 3/15/2018 re: Request for an adjournment of the March 23, 2018 conference until a date after May 15, 2018. ENDORSEMENT: The application is granted. Status conference adjourned from March 23, 2018 until May 25, 2018 at 12:00 pm., Status Conference set for 5/25/2018 at 12:00 PM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 3/15/2018) (rj)
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Filing 55
ORDER granting #54 Letter Motion for Extension of Time to Complete Discovery Discovery due by 5/15/2018. No further extensions absent extraordinary circumstances. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/15/2018. Telephone conference scheduled for 5/7/18 at 9:30 a.m. (mc)
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Filing 54
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Paul E. Davison from Neil Shevlin dated March 2, 2018. Document filed by Joseph D'Amico, State of New York, Division of State Police.(Shevlin, Neil)
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Filing 53
ORDER granting #52 Letter Motion to Adjourn Conference. Status Conference adjourned from January 19, 2018 until March 23, 2018 at 11:00 am. Clerk of the Court requested to terminate the motion (doc. 52). SO ORDERED. Status Conference set for 3/23/2018 at 11:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 1/16/2018) (rj)
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Filing 52
LETTER MOTION to Adjourn Conference addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 01/05/2018. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 1/5/2018. The completion of ALL discovery deadline extended to 3/15/18. Telephone conference scheduled for 3/15/18 at 9:30 a.m. (mc)
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Filing 51
ORDER. IT IS HEREBY ORDERED that, for the reasons previously stated by the Court in granting Plaintiff's motion to compel Defendant to produce certain investigative/disciplinary files of alleged comparators which were responsive to Plaintiffs' First Set of Requests for Documents, Defendant shall produce to Plaintiffs any and all investigative/disciplinary files which are responsive to Plaintiffs' Second Set of Requests for Documents, to the extent that the Investigation Level with respect to the alleged infraction(s) was a "3" or a "4." Any such documents shall be subject to the terms of the Confidentiality Order previously entered in this case. (Signed by Magistrate Judge Paul E. Davison on 11/30/17) (yv)
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Filing 50
LETTER addressed to Magistrate Judge Paul E. Davison from Neil Shevlin dated November 29, 2017 re: Comparator Files. Document filed by Joseph D'Amico, State of New York, Division of State Police.(Shevlin, Neil)
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Filing 49
LETTER addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins dated 11/29/2017 re: Proposed Order. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 11/29/2017. Telephone Conference scheduled for 1/5/18 at 12:00 p.m. (mc)
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Filing 48
ORDER terminating #46 Motion to Compel. Motion resolved via oral rulings on 10/24/17. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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Filing 47
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Paul E. Davison from Neil Shevlin dated October 27, 2017 re: #46 LETTER MOTION to Compel New York State Division of Police to Produce Documents addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins, Esq. dated 10/03/2017. . Document filed by Joseph D'Amico, State of New York, Division of State Police. (Shevlin, Neil)
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Filing 46
LETTER MOTION to Compel New York State Division of Police to Produce Documents addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins, Esq. dated 10/03/2017. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Discovery Hearing held on 10/24/2017. Discovery disputes resolved on the record. Telephone conference scheduled for 11/29/17 at 9:30 a.m. (Court Reporter Courtflow) (mc)
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Filing 45
ORDER granting #44 Letter Motion to Adjourn Conference. Application Granted. 10/24 at 10:00 AM. Defendant's papers due 10/19/17. (Discovery Hearing set for 10/24/2017 at 10:00 AM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 10/10/17) (yv)
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Filing 44
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Paul E. Davison from Christopher D. Watkins, Esq. dated 10/10/2017. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 43
ORDER terminating #42 Letter Motion for Extension of Time to Complete Discovery. The status conference is adjourned from October 20, 2017 until January 19, 2018 at 11:00 am. Any application for extension of discovery deadlines shall be made to Judge Davison. Clerk of the Court requested to terminate the motion (doc. 42). (Signed by Judge Nelson Stephen Roman on 9/27/2017) (rj)
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Set/Reset Hearings: Status Conference set for 1/19/2018 at 11:00 AM before Judge Nelson Stephen Roman. (rj)
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Filing 42
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 09/26/2017. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 9/25/2017. In person conference scheduled for 10/20/17 at 11:00 a.m. (mc)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 9/7/2017. Telephone conference scheduled for 9/25/17 at 3:00 p.m. (mc)
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Filing 41
ORDER: granting #40 Letter Motion to Adjourn Conference. The application is Granted. Status Conference is adjourned to 10/20/17 at 10:00.am. Clerk of Court is directed to terminate motion at ECF No. 40. Status Conference set for 10/20/2017 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 8/11/2017) (ama)
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Filing 40
LETTER MOTION to Adjourn Conference of 09/08/17 addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 08/08/2017. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 8/8/2017. Discovery deadline extended to 10/6/17. Next conference scheduled for 9/7/17 at 10:30 a.m. (mc)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 7/18/2017. Telephone conference scheduled for 8/8/17 at 11:00 a.m. (mc)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 5/30/2017. Discovery deadline extension granted: All document discovery shall now be completed by 7/31/2017 and all depositions shall be completed by 8/31/2017. Next Telephone Conference scheduled for 7/18/2017 at 10:30 a.m. (Court Reporter Courtflow) (mc)
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Filing 39
STIPULATED PROTECTIVE ORDER CONCERNING THE DESIGNATION AND USE OF CONFIDENTIAL MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Nelson Stephen Roman on 4/27/2017) (anc)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/21/2017. Next Telephone Conference scheduled for 5/30/17 at 10:00 a.m. (mc)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/24/2017. Next Telephone Conference on 4/21/2017 at 2:30 p.m. (mc)
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Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 1/23/2017. Telephone conference scheduled for 3/24/2017 at 9:30 a.m. (mc)
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Filing 37
NOTICE OF APPEARANCE by Julinda A. Dawkins on behalf of Joseph D'Amico, State of New York, Division of State Police. (Dawkins, Julinda)
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Filing 36
MEMO ENDORSEMENT on re: #35 Letter re: request to be exempted from the early mediation program filed by Noel Nelson, Seamus Lyons. ENDORSEMENT: Request granted. (Signed by Judge Nelson Stephen Roman on 1/11/2017) (mml)
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Filing 35
FIRST LETTER addressed to Judge Nelson Stephen Roman from Christopher D. Watkins dated 1/10/17 re: request to be exempted from the early mediation program. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/23/2017.(cda)
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Filing 32
SCHEDULING ORDER: The Court has scheduled a telephone conference before the Honorable Paul E. Davison, United States Magistrate Judge, on January 23, 2017 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. SO ORDERED. (Telephone Conference set for 1/23/2017 at 09:30 AM before Magistrate Judge Paul E. Davison) (Signed by Magistrate Judge Paul E. Davison on 12/19/2016) (lnl)
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Filing 31
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. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 12/19/2016) (See ORDER as set forth) (lnl)
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Filing 34
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 Nelson Stephen Roman on 12/16/2016) (lnl)
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Filing 33
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Joinder of Parties due by 12/30/2016. Amended Pleadings due by 12/30/2016. Non-expert Depositions due by 6/16/2017. Expert Depositions due by 8/18/2017. All Discovery due by 8/18/2017. The Magistrate Judge assigned to this case is the Hon. Paul E. Davison. The next Case Management Conference set for 9/8/2017 at 10:30 AM before Judge Nelson Stephen Roman. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/16/2016) (lnl)
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Filing 30
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 12/27/2016. (Signed by Judge Loretta A. Preska on 10/1/15) (mf)
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Minute Entry for proceedings held before Judge Nelson Stephen Roman: Initial Pretrial Conference held on 12/16/2016. Plaintiffs and Defendants counsel present. Case Management Plan signed. The Court issued an Order of Reference to U.S. Magistrate Judge Paul E. Davison for general pretrial purposes. Discovery cutoff is August 18, 2017. Status conference scheduled for September 8, 2017 at 10:30 am. ( Discovery due by 8/18/2017., Status Conference set for 9/8/2017 at 10:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.). (gs)
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Filing 29
ANSWER to #26 Amended Complaint, with JURY DEMAND. Document filed by Joseph D'Amico, State of New York, Division of State Police.(Shevlin, Neil)
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Filing 28
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin, dated 11/8/2016, re: Counsel writes on behalf of New York State Police and Superintendent Joseph D'Amico to request an extension of defendants' time to respond to the Third Amended Complaint from November 14, 2016 to December 15, 2016. ENDORSEMENT: The application is granted. No further extensions. (Joseph D'Amico answer due 12/15/2016; State of New York, Division of State Police answer due 12/15/2016.) (Signed by Judge Nelson Stephen Roman on 11/9/2016) (lnl)
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Filing 27
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 10/11/2016 re: Counsel requests an adjournment of the Initial Conference. ENDORSEMENT: Previously scheduled conference re-scheduled for Dec. 16, 2016 at 11:15 a.m. (Initial Conference set for 12/16/2016 at 11:15 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 10/11/2016) (mml)
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Filing 26
THIRD AMENDED COMPLAINT amending #15 Amended Complaint, against Joseph D'Amico, State of New York, Division of Police with JURY DEMAND.Document filed by Seamus Lyons, Noel Nelson. Related document: #15 Amended Complaint, filed by Noel Nelson, Seamus Lyons.(Watkins, Christopher)
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Filing 25
OPINION AND ORDER re: #19 FIRST MOTION to Dismiss filed by State of New York, Division of Police, Joseph D'Amic. For the foregoing reasons, Defendants' motion to dismiss is DENIED. However, Plaintiff Nelson's Title VII discrimination claims based on his transfer are dismissed. Plaintiff's request to amend their complaint is GRANTED. Accordingly, the Court respectfully directs the Clerk to terminate the motion at ECF No. 19. Plaintiffs shall file their Third Amended Complaint on or before October 14, 2016. Defendants are directed to thereafter file an answer to the Third Amended Complaint on or before November 14, 2016. The parties are directed to appear for an initial pre-trial conference on December 2, 2016 at 11:30 a.m. The parties are further directed to complete and bring a completed case management plan to the December conference. (Amended Pleadings due by 10/14/2016.) (Initial Conference set for 12/2/2016 at 11:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 9/22/2016) (mml)
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Filing 24
REPLY MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Dismiss . . Document filed by Joseph D'Amico, State of New York, Division of Police. (Shevlin, Neil)
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Filing 23
AFFIRMATION of Christopher D. Watkins, Esq. in Opposition re: #19 FIRST MOTION to Dismiss .. Document filed by Seamus Lyons, Noel Nelson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Watkins, Christopher)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #19 FIRST MOTION to Dismiss . . Document filed by Seamus Lyons, Noel Nelson. (Watkins, Christopher)
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Filing 21
AFFIRMATION of Neil Shevlin in Support re: #19 FIRST MOTION to Dismiss .. Document filed by Joseph D'Amico, State of New York, Division of Police. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Shevlin, Neil)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Dismiss . . Document filed by Joseph D'Amico, State of New York, Division of Police. (Shevlin, Neil)
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Filing 19
FIRST MOTION to Dismiss . Document filed by Joseph D'Amico, State of New York, Division of Police.(Shevlin, Neil)
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Set/Reset Deadlines: Motions due by 12/4/2015. (lnl)
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Filing 18
MEMO ENDORSEMENT on #17 LETTER addressed to Judge Nelson Stephen Roman from Christopher D. Watkins, Esq. dated 11/09/2015 re: Request to Adjust Motion to Dismiss Briefing Schedule. ENDORSEMENT: The application is granted. (Responses due by 11/16/2015. Replies due by 12/4/2015.) (Signed by Judge Nelson Stephen Roman on 11/10/2015) (lnl)
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Filing 17
LETTER addressed to Judge Nelson Stephen Roman from Christopher D. Watkins, Esq. dated 11/09/2015 re: Request to Adjust Motion to Dismiss Briefing Schedule. Document filed by Seamus Lyons, Noel Nelson.(Watkins, Christopher)
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Filing 16
NOTICE OF APPEARANCE by Christopher Dale Watkins on behalf of Seamus Lyons, Noel Nelson. (Watkins, Christopher)
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Filing 15
SECOND AMENDED COMPLAINT amending #4 Amended Complaint, against Joseph D'Amico, State of New York, Division of Police with JURY DEMAND.Document filed by Seamus Lyons, Noel Nelson. Related document: #4 Amended Complaint, filed by Seamus Lyons, Joseph D'Amico.(Sussman, Michael)
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Minute Entry for proceedings held before Judge Nelson Stephen Roman: Pre-Motion Conference held on 8/21/2015. Plaintiffs counsel appeared via telephone and Defendants counsel present. Court Reporter is Albi Gorn. Plaintiffs granted leave to file a second amended complaint as discussed on the record on or before September 4, 2015. Defendants granted leave to file motion to dismiss with following briefing schedule: moving papers to be served October 12, 2015; opposition to be served November 12, 2015; and reply to be served November 30, 2015. The parties are directed to file all motion documents on the reply date, November 30, 2015, and to provide 2 copies of all documents to chambers as the documents are served. ( Motions due by 11/30/2015.). (Court Reporter Albi Gorn) (gs)
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Filing 14
NOTICE OF APPEARANCE by Neil Shevlin on behalf of Joseph D'Amico, State of New York, Division of Police. (Shevlin, Neil)
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Filing 13
LETTER addressed to Judge Nelson Stephen Roman from Michael H. Sussman dated 07/30/2015 re: Response to pre-motion letter filed by state defendants. Document filed by Noel Nelson.(Sussman, Michael)
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Filing 12
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 7/17/2015 re: Counsel requests a pre-motion conference. ENDORSEMENT: The initial pretrial conference is currently scheduled for August 21, 2015 at 11:30AM, is hereby converted to a pre-motion conference concerning the below anticipated motion. Opposing party to state position in writing (not to exceed three pages) by July 23, 2015. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/16/2015) (mml)
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Filing 11
ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Neil Shevlin dated 6/17/2015 re: Counsel requests an extension of time to respond to the First Amended Complaint. ENDORSEMENT: The application is granted. Defendants' time to respond to the First Amended Complaint is extended until July 17, 2015. Joseph D'Amico answer due 7/17/2015; State of New York, Division of Police answer due 7/17/2015. (Signed by Judge Nelson Stephen Roman on 6/17/2015) (mml)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. State of New York, Division of Police served on 5/27/2015, answer due 6/17/2015. Service was accepted by Donna Murray. Document filed by Seamus Lyons; Noel Nelson. (Sussman, Michael)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Joseph D'Amico served on 5/27/2015, answer due 6/17/2015. Service was accepted by Donna Murray. Document filed by Seamus Lyons; Noel Nelson. (Sussman, Michael)
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Complaint, Amended Complaint,. General NYS Attorney served on 5/27/2015, answer due 6/17/2015. Service was accepted by William H. Collins. Document filed by Seamus Lyons; Noel Nelson. (Sussman, Michael)
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Filing 7
NOTICE OF INITIAL COURT CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on August 21, 2015 at 11:30 am, at the United States Courthouse, 300 Quarropas Street, Courtroom 218, White Plains, New York 10601. (mml)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Joseph D'Amico. (sj)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Joseph D'Amico, re: #4 Amended Complaint,. Document filed by Seamus Lyons, Noel Nelson. (Sussman, Michael)
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Filing 4
FIRST AMENDED COMPLAINT amending #1 Complaint against State of New York, Division of Police, Joseph D'Amico.Document filed by Seamus Lyons, Joseph D'Amico. Related document: #1 Complaint filed by Noel Nelson, Seamus Lyons.(Sussman, Michael)
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Filing 3
FIRST AMENDED COMPLAINT amending #1 Complaint against All Plaintiffs.Document filed by Joseph D'Amico. Related document: #1 Complaint filed by Noel Nelson, Seamus Lyons.(Sussman, Michael)
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Filing 2
CIVIL COVER SHEET filed. (mml)
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Filing 1
COMPLAINT against State of New York, Division of Police. (Filing Fee $ 350.00, Receipt Number 465407011356) Document filed by Seamus Lyons, Noel Nelson. (mml)
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SUMMONS ISSUED as to State of New York, Division of Police. (mml)
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Magistrate Judge Paul E. Davison is so designated. (mml)
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Case Designated ECF. (mml)
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