Hoffer v. City of Yonkers et al
| Richard Hoffer |
| City of Yonkers, City of Yonkers Police Department, Police Officer Elyssa Tellone, Police Officer Trevor Goff, Police Officer John Doe 1, Police Officer John Doe 2, Police Officer John Doe 3, Police Officer John Doe 4, Police Officer John Doe 5, Police Officer John Doe 6, Police Officer John Doe 7 and Police Officer John Doe 8 |
| 7:2018cv01197 |
| February 9, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
111
DECISION AND ORDER re: 109 Notice (Other) filed by Richard Hoffer. For the reasons stated above, Plaintiff's motion for free trial transcripts is hereby GRANTED IN PART. By no later than February 10, 2023, the Clerk of Court is respectfull y directed to provide Plaintiff and the Court with a copy of the following portions of the trial transcript: (1) the jury charging conference on December 3, 2021 (i.e., the discussion that took place after the completion of all witness testimony on the third day of trial), (2) the colloquy between counsel and the Court prior to the start of witness testimony on December 3, 2021 (the third day of trial), and (3) the entire testimony of (a) Officer Goff, including the colloquy with the Co urt about the Taser video at the conclusion of Officer Goff's testimony, on December 2, 2021 (the second day of trial), and (b) Officer Drummond on December 3, 2021 (the third day of trial). These portions of the transcript are to be provide d free of charge pursuant to 28 U.S.C. § 753(f). SO ORDERED. A copy of this Order has been mailed to the pro se Plaintiff by Chambers at Plaintiff's address of record on the docket. (Signed by Magistrate Judge Andrew E. Krause on 1/18/2023) Copies Mailed By Chambers. (tg) Transmission to Records Management Clerk for processing.
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Filing
104
DECISION ORDER denying 100 Motion for Directed Verdict. For the foregoing reasons, Plaintiffs motion for a directed verdict (ECF No. 100) is DENIED. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 6/10/2022) (tg)
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Filing
99
JUDGMENT: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that judgment is entered in favor of Defendants with respect to all claims. Accordingly, the Clerk is respectfully requested to close the case. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 12/9/2021) (tg)
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Filing
97
ORDER: On December 1, 2021, upon Plaintiff's motion in open court, the Court found Vishal Rai to be in contempt of court for his failure to appear and testify at trial in the above-captioned matter in response to the subpoena served upon him. See ECF Nos. 94, 96. A warrant for Mr. Rai's arrest will be issued. Mr. Rai is therefore subject to arrest at any time. If he appears at Courtroom 520 in the U.S. Courthouse at 300 Quarropas Street, White Plains, New York at 9:30 a.m. on Thursday, December 2, 2021, or Friday, December 3, 2021, he will give his testimony and resolve the matter. If he does not appear in court on Thursday or Friday, he will be subject to such sanction or penalty as the Court deems appropriate. The U.S. Marshals Service shall serve a copy of this Order on Mr. Rai at the same time as they execute the warrant for Mr. Rai's arrest. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 12/1/2021) (tg) Modified on 12/1/2021 (tg).
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Filing
92
ORDER: The Clerk of the Court is hereby respectfully directed to modify the caption in this action so that it reads as follows: as further set forth by this Order. The Clerk of the Court is furthermore respectfully directed to terminate the acti on as against the City of Yonkers, the City of Yonkers Police Department, Police Officer John Doe 1, Police Officer John Doe 2, Police Officer John Doe 3, Police Officer John Doe 4, Police Officer John Doe 5, and Police Officer John Doe 6. SO ORDE RED., Police Officer John Doe 1, Police Officer John Doe 2, Police Officer John Doe 3, Police Officer John Doe 4, Police Officer John Doe 5, Police Officer John Doe 6, City of Yonkers and City of Yonkers Police Department terminated. (Signed by Magistrate Judge Andrew E. Krause on 11/22/2021) (tg)
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Filing
77
ORDER: The parties are now advised that the potential trial date of December 1, 2021, see ECF No. 75, is now a firm trial date. To be clear, jury selection and trial are scheduled to begin on Wednesday, December 1, 2021 at 9:30 a.m. absent furth er Court Order. This is a firm date. All other deadlines set forth in the Court's Order dated September 8, 2021 (ECF No. 75) remain unchanged, including the date and time for the final pretrial conference, which is scheduled for November 22, 2021 at 10:00 a.m. SO ORDERED. ( Jury Selection set for 12/1/2021 at 09:30AM before Magistrate Judge Andrew E. Krause., Jury Trial set for 12/1/2021 at 09:30 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 9/17/2021) (vfr)
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Filing
75
ORDER: This case is now scheduled for a potential trial beginning with jury selection on either Monday, November 29, 2021 or Wednesday, December 1, 2021. At present, one trial has scheduling priority over this case on each of the potential trial dat es; if either one of those cases is resolved or rescheduled, this case will proceed to trial. Based on the Court's experience with the trial scheduling process in prior quarters, there is a significant likelihood that one of the cases currently ahead of this one will be resolved or rescheduled. Accordingly, the parties should proceed with the expectation that trial will begin on November 29, 2021 or December 1, 2021. The Court will provide further updates regarding the status of the other c ases as information becomes available. In anticipation of the trial, Plaintiff's counsel must prepare a proposed writ of habeas corpus ad testificandum to insure Plaintiff's appearance in court on November 29, 2021. The proposed writ must b e filed via ECF by no later than September 17, 2021. Examples of an appropriate writ may be found at ECF Nos. 235-237 in Garcia v. Fischer, 13-cv-8196 (VB).As discussed at the August 4, 2021 status conference, pretrial submissions are due on October 29, 2021. Plaintiff's opposition to the motion in limine (ECF No. 62) that will be re-filed by Defendants is due on November 5, 2021. The parties' oppositions to any new motions in limine that are filed on October 29, 2021 are due on or bef ore November 12, 2021. The parties should consult the Court's Individual Practices at https://nysd.uscourts.gov/hon-andrew-e-krause for detailed information on what must be included in the October 29, 2021 submissions.The final pretrial conferen ce currently scheduled for Monday, November 22, 2021 at 10:00 a.m. in Courtroom 250 will proceed as scheduled. The parties must submit a joint letter on or before Monday, November 15, 2021, outlining any issues they would like to address at the final pretrial conference.All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. On the day you are due to arrive at the courthouse, click on the following link: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used at th e entry device at the courthouse entrance. If you do not meet the necessary requirements, please contact Chambers at (914) 390-4070. (Responses due by 11/12/2021, Final Pretrial Conference set for 11/22/2021 at 10:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 9/8/2021) (rro)
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Filing
73
ORDER: This case is now scheduled to proceed to trial beginning with jury selection on Wednesday, June 9, 2021. This is a firm trial date based on numerous scheduling considerations for the use of courtroom and jury selection space in the White Pl ains courthouse. The telephonic status conference currently scheduled for Tuesday, March 30, 2021 at 11:00 a.m. will proceed as scheduled to discuss trial logistics as well as dates for final pretrial submissions. Prior to the conference, the part ies are directed to review Judge Krause's individual practices, specifically with respect to pretrial procedures and filings prior to trial. See https://nysd.uscourts.gov/hon-andrew-e-krause. To access the teleconference, please follow these d irections: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should anyone experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070., (Telephone Conference set for 3/30/2021 at 11:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 3/5/2021) (nb)
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Filing
69
ORDER denying without prejudice to renew 62 Motion in Limine. For the reasons set forth below, the motion is denied without prejudice to renew on the same papers, but with the addition of either a viewable copy of the recording in question or a complete transcript of that recording. I conclude that I should deny the motion, without prejudice to renewal by Defendants on the same papers. However, Defendants' counsel is directed to include with the renewed motion a copy of the "audio /video" recording, in viewable format without the use of special equipment or software, and/or a complete transcript of the recording, for review by the successor of the undersigned. The schedule for such a motion in limine will be set at a further conference to be conducted by my successor. This constitutes the Decision and Order of the Court. The Clerk is directed to terminate the gavel at DE 62. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 9/16/2020) (kv)
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Filing
60
ORDER: This case has had its scheduled trial adjourned without date, due to the circumstance of the coronavirus - COVID-19 stay at home order. For the same reason the Court is unable to hold jury trials in the immediate future. The earliest anticipat ed date for jury trials is expected to bein September or later. The Court does expect to be able to conduct bench trials in July and August, with the possibility of some witnesses appearing remotely by video. It is therefore ordered that counsel in t his matter confer with one another as soon as reasonably possible to determine whether they would jointly consent to a bench trial. The parties should inform the Court by letter filed on ECF no later than June 19, 2020. If counsel do consent to a ben ch trial and would like to schedule a settlement conference, then contact the undersigned's chambers and the matter will be referred to a different Magistrate Judge for a settlement conference. If counsel do not consent to a bench trial and woul d like to schedule a settlement conference, then contact the undersigned's chambers to schedule such a conference. In any event, defendants have made efforts to file a motion in limine, but it was not successfully filed; therefore defendants sha ll refile their motion within 30 days of the date of this Order; opposition will be due 21 days thereafter; replies will not be permitted. Defendants have partially submitted required pre-trial documents; all remaining pre-trial documents, from all parties, shall be filed with the Court 21 days before any scheduled trial dates. This constitutes the Decision and Order of the Court. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 5/12/2020) (ama)
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