Bennett et al v. County Of Rockland et al
Plaintiff: Heather Bennett, William Bennett, Ann Cole-Hatchard, Laureen Connelly, Donna Delarm, Jill Donovan, Jean Freer, Stefanie Gaudelli, Eleanor Gold, Grace Henriquez, Marion Leavey, Margaret Mackey, Diane Reeves, Christina Sagaria, Erica Salerno, Andrew Schwartz, Carol Schuler, Antoinette White, Deborah Whittaker and Civil Service Association, Inc., Local 1000 AFSCME, AFL-CIO, Rockland County Local 844, County of Rockland Unit 8350
Defendant: County Of Rockland and Kathleen Tower-Bernstein
Case Number: 7:2017cv02573
Filed: April 10, 2017
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Kenneth M. Karas
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 23, 2023 Opinion or Order Filing 139 ORDER ORDER Pursuant to the jury's Verdict (Doc. #93) filed February 24, 2020 and the Second Circuit's Opinion (Doc. #138) filed March 7, 2023, the Court directs the Clerk to enter judgment in favor of defendants. IT IS SO ORDERED. (Signed by Judge Kathryn H. Vratil on 3/23/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
October 21, 2021 Opinion or Order Filing 137 ORDER: On October 15, 2021, the Court issued an Order To Show Cause (Doc. #134) as to why it should not stay further action in this case pending resolution of the interlocutory appeal. The parties filed responses on October 20, 2021 indicating th at there is no opposition to a stay of proceedings. Therefore, the Court stays further proceedings in this matter and the jury trial currently set to begin on November 8, 2021 is postponed pending further order of the Court. No later than 14 days after the resolution of the appeal, the parties shall notify the Court that they are ready to proceed with this action. IT IS SO ORDERED. (Signed by Judge Kathryn H. Vratil on 10/21/2021) Case Stayed (ks)
September 15, 2021 Opinion or Order Filing 130 MEMORANDUM AND ORDER sustaining 115 Motion for Permanent Injunction. IT IS THEREFORE ORDERED that plaintiffs Motion For A Permanent Injunction (Doc. #115) filed January 29, 2021 is SUSTAINED. IT IS FURTHER ADJUDGED, DECREED AND ORDERED that def endants County of Rockland and Kathleen Tower-Bernstein expunge and permanently remove the June 2016 Memorandum of Warning from all records and files maintained by defendants for the following employees or former employees: Ann Cole-Hatchard, Laure en Connelly, Donna Delarm, Jill Donovan, Jean Freer, Stefanie Gaudelli, Eleanor Gold, Grace Henriquez, Marion Leavey, Margaret Mackey, Diane Reeves, Christina Sagaria, Erica Salerno, Carol Schuler, Antoinette White, and Deborah Whittaker and Civi l Service Employees Association, Inc., Local 1000 AFSCME, AFL-CIO, Rockland County Local 844, County of Rockland Unit 8350 (herein collectively, and exclusively, Plaintiffs). IT IS FURTHER ADJUDGED, DECREED AND ORDERED that defendants County of Roc kland and Kathleen Tower-Bernstein are permanently enjoined and may never use the Memorandum of Warning against any Plaintiff for any reason whatsoever. IT IS FURTHER ADJUDGED, DECREED AND ORDERED that defendants County of Rockland and Kathleen Tower-Bernstein shall consider the Memorandum of Warning a nullity, that is as if it never existed. IT IS SO ORDERED.. (Signed by Judge Kathryn H. Vratil on 9/15/2021) (ks)
August 30, 2021 Opinion or Order Filing 129 ORDER: The Court sets a telephonic status conference in this case for September 7, 2021 at 2 PM. Parties are to call (888) 363-4749 and enter access code 1654737 to join the conference. IT IS SO ORDERED. (Telephone Conference set for 9/7/2021 at 02:00 PM before Judge Kathryn H. Vratil.) (Signed by Judge Kathryn H. Vratil on 8/30/2021) (rro)
February 25, 2021 Opinion or Order Filing 121 ORDER: The new trial on the issue of damages is set for November 8, 2021 in a courtroom to be determined of the Daniel Patrick Moynihan Courthouse in Foley Square before Visiting Judge Kathryn H. Vratil. More details to come closer to trial. This trial date is subject to change depending on factors outside the Courts control relating to the coronavirus pandemic. (Signed by Judge Kathryn H. Vratil on 2/25/2021) (cf)
July 22, 2020 Opinion or Order Filing 114 MEMORANDUM AND ORDER GRANTING NEW TRIAL: As further set forth in this order, the Court orders a new trial solely on the issue of damages. Due to the coronavirus pandemic, the precise date of trial cannot be determined at this time. (Signed by Judge Kathryn H. Vratil on 7/22/2020) (jwh)
April 1, 2020 Opinion or Order Filing 103 ORDER: Defendants' Letter Motion For Extension Of Time (Doc. #102) filed April 1, 2020 is granted for substantially the reasons stated in the motion. Opposition papers to plaintiffs' pending Rule 50(a) Motion (Doc. #98), will now be due by April 20, 2020, with reply papers to be filed by May 4, 2020. ( Responses due by 4/20/2020, Replies due by 5/4/2020.) (Signed by Judge Kathryn H. Vratil on 4/1/2020) (cf)
March 24, 2020 Opinion or Order Filing 101 MEMORANDUM AND ORDER sustaining 98 MOTION for Judgment as a Matter of Law Pursuant to FRCP Rule 50(b). When they signed the letter of June 9, 2016 to the Rockland County Legislature, plaintiffs spoke as private citizens and note solely as public employees. On this record, no reasonable jury could have found otherwise. Accordingly, the Court sustained plaintiffs' motion for judgment as a matter of law on this issue. IT IS SO ORDERED. (Signed by Judge Kathryn H. Vratil on 3/24/2020) (jca)
January 7, 2020 Opinion or Order Filing 89 ORDER TO SHOW CAUSE: Accordingly, defendants have not yet shown good cause why the Court should not cancel the mediation altogether. See Order To Show Cause (Doc. #87). The Court therefore gives defendants until 5:00 PM on January 7, 2020 to submit a settlement-conference statement that contains the information that the Court previously requested they provide. See Settlement-Conference Order (Doc. #86). (And as further set forth herein.) IT IS SO ORDERED. (Signed by Judge Kathryn H. Vratil on 1/7/2020) (jca)
December 20, 2019 Opinion or Order Filing 86 ORDER: ( Settlement Conference set for 1/9/2020 at 09:30 AM before Judge Kathryn H. Vratil.) (Signed by Judge Kathryn H. Vratil on 12/20/2019) (va)
December 5, 2019 Opinion or Order Filing 84 MEMORANDUM AND ORDER sustaining 78 Motion for Judgment as a Matter of Law. The Court finds that the letter of June 9, 2016 constitutes speech on matters of public concern. IT IS THERFORE ORDERED that, having carefully considered the evidence adduced at trial, plaintiffs' Motion For Judgment As A Matter Of Law (Doc. #78) filed November 20, 2019 is SUSTAINED. (Signed by Judge Kathryn H. Vratil on 12/5/2019) (jca)
March 21, 2019 Opinion or Order Filing 49 OPINION AND ORDER: For the reasons stated above, Defendants' Motion for Summary Judgment is denied. The Clerk is respectfully directed to terminate the pending Motion. (See Dkt. No. 34.) The Court will hold a Status Conference on April 24, 2019, at 2:30 p.m. SO ORDERED. (Status Conference set for 4/24/2019 at 02:30 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 3/21/2019) (jca)
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Search for this case: Bennett et al v. County Of Rockland et al
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Plaintiff: Heather Bennett
Represented By: Russell Gustavson Wheeler
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Plaintiff: William Bennett
Represented By: Russell Gustavson Wheeler
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Plaintiff: Ann Cole-Hatchard
Represented By: Russell Gustavson Wheeler
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Plaintiff: Laureen Connelly
Represented By: Russell Gustavson Wheeler
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Plaintiff: Donna Delarm
Represented By: Russell Gustavson Wheeler
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Plaintiff: Jill Donovan
Represented By: Russell Gustavson Wheeler
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Plaintiff: Jean Freer
Represented By: Russell Gustavson Wheeler
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Plaintiff: Stefanie Gaudelli
Represented By: Russell Gustavson Wheeler
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Plaintiff: Eleanor Gold
Represented By: Russell Gustavson Wheeler
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Plaintiff: Grace Henriquez
Represented By: Russell Gustavson Wheeler
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Plaintiff: Marion Leavey
Represented By: Russell Gustavson Wheeler
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Plaintiff: Margaret Mackey
Represented By: Russell Gustavson Wheeler
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Plaintiff: Diane Reeves
Represented By: Russell Gustavson Wheeler
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Plaintiff: Christina Sagaria
Represented By: Russell Gustavson Wheeler
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Plaintiff: Erica Salerno
Represented By: Russell Gustavson Wheeler
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Plaintiff: Andrew Schwartz
Represented By: Russell Gustavson Wheeler
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Plaintiff: Carol Schuler
Represented By: Russell Gustavson Wheeler
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Plaintiff: Antoinette White
Represented By: Russell Gustavson Wheeler
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Plaintiff: Deborah Whittaker
Represented By: Russell Gustavson Wheeler
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Plaintiff: Civil Service Association, Inc., Local 1000 AFSCME, AFL-CIO, Rockland County Local 844, County of Rockland Unit 8350
Represented By: Russell Gustavson Wheeler
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Defendant: County Of Rockland
Represented By: Larraine Susan Feiden
Represented By: Thomas Edward Humbach
Represented By: Charlotte Renee Ramsey
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Defendant: Kathleen Tower-Bernstein
Represented By: Larraine Susan Feiden
Represented By: Thomas Edward Humbach
Represented By: Charlotte Renee Ramsey
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