Phillips v. The City of Middletown et al
| Nicole Phillips |
| City of Middletown, Ramon Bethencourt, City of Middletown Police Department, George Neilson, Jason Berman, David Franck and Jordan McInerney |
| 7:2017cv05307 |
| July 13, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Cathy Seibel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
97
ORDER: The expert report was dated November 7, 2019, more than three months after the deadline for expert discovery had passed. Additionally, the report was prepared five days after Plaintiff's counsel signed his opposition to Defendants summa ry judgment motion. (See Doc. 76 at 17 (Plaintiff's opposition dated November 2, 2019)). Because of the delay, Defendant had no obligation whatsoever to consent to Plaintiff's belated disclosure of the expert report. Agreeing to an inexcusa bly late expert disclosure, after two of the three summary judgment briefs are in and a court deadline for the third looms, is hardly the sort of thing reasonable lawyers expect of one another as a matter of courtesy. Further, Plaintiff did not seek permission to file the late report until November 14, (Doc. 61), and on November 20 I specifically directed Defendants' counsel to address the expert disclosure in his reply, (Doc. 62). Defendants' counsel was thus obligated to do the work to which Plaintiff objects. Plaintiff's counsel's argument boils down to the contention that Defendant's counsel should have rolled over in response to Plaintiff's counsel's unprofessional conduct. That argument is rejected. Plaintiff's Counsel is ordered to reimburse Defendants in the amount of $7,350. SO ORDERED. (Signed by Judge Cathy Seibel on 8/27/2020) (mml)
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Filing
81
OPINION & ORDER re: 61 PROPOSED LETTER MOTION for Leave to File Expert Report addressed to Judge Cathy Seibel from Michael D. Meth dated November 14, 2019.PROPOSED LETTER MOTION for Discovery addressed to Judge Cathy Seib el from Michael D. Meth dated November 14, 2019 filed by Nicole Phillips, 63 MOTION for Summary Judgment filed by George Neilson, Jordan McInerney, Ramon Bethencourt, Jason Berman, City of Middletown Police Department, David Fra nck, City of Middletown. For the foregoing reasons, Plaintiff's motion for leave to file Dr. Hua's expert report is GRANTED. The Court extends the expert discovery deadline until October 23, 2020, but only for the limited purpose of Defen dants deposing Dr. Hua and offering a rebuttal expert. Defendants' motion for summary judgment is DENIED without prejudice to renewal. The parties shall send the Court a joint letter no later than October 30, 2020, proposing a briefing schedule for Defendants' renewed summary judgment motion, assuming Defendants still intend to make one. Defendants shall make a submission outlining the fees and expenses incurred in connection with the instant motion for summary judgment by August 13, 2 020, and Plaintiff's counsel may respond by August 27, 2020. The Clerk of Court is respectfully directed to terminate the pending motions. (Docs. 61, 63.) Plaintiff's counsel is ordered to provide a copy of this Opinion and Order to Plaintiff. SO ORDERED. ( Deposition due by 10/23/2020., Expert Discovery due by 10/23/2020.) (Signed by Judge Cathy Seibel on 7/23/2020) (mml)
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Filing
45
OPINION AND ORDER re: 39 MOTION to Dismiss filed by George Neilson, Jordan McInerney, Ramon Bethencourt, Jason Berman, City of Middletown Police Department, David Franck, City of Middletown. For the reasons stated above, Def endants Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully directed to terminate the pending motion, (Doc. 39), and terminate the following parties as Defendants: the City of Middletown Police Department and R amon Bethencourt. The remaining claims are as follows: Count I (excessive force) against Neilson, Berman, Franck, and McInerney (under the Fourth Amendment only); Count VI (assault) against Neilson, Berman, Franck, and McInerney; Count VII (battery ) against Neilson, Berman, Franck, and McInerney; and Count VIII (wrongful death) against Neilson, Berman, Franck, McInerney, and the City. The remaining parties are directed to appear before the Court on October 11, 2018 at 3:00 p.m. for a status c onference. SO ORDERED. City of Middletown Police Department, Ramon Bethencourt (Middletown Police Chief, in his Official Capacity) and Ramon Bethencourt (Middletown Police Chief, in his Individual Capacity) terminated. (Status Conference set for 10/11/2018 at 03:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 9/24/2018) (mml)
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