Case: Kelleher v. New York State Trooper Fearon

Kelleher v. New York State Trooper

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 289400 (vr) (Entered: 09/23/1997)

Magistrate Judge Smith is so Designated. (vr) (Entered: 09/23/1997)

Notice of reassignment _ to Judge Richard C. Casey Copy of notice and judge's rules mailed to Attorney(s) of record: SOLOMON ABRAHAMS . (ll) (Entered: 12/03/1997)

RETURN OF SERVICE executed as to New York State Troop by Amy Janecek on 12/5/97 Answer due on 12/26/97 for New York State Troop; served summons and complaint at NYS Trooper Barracks, Rte 22 , Brewster, NY (ds) (Entered: 12/24/1997)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including case managment conference. ( signed by Judge Richard C. Casey ) Referred to Magistrate Judge Lisa M. Smith (ds) (Entered: 05/27/1998)

ORDER In order to facilitate the progress of pre-trial discovery of this litigation ....( see document for details) ... So Ordered: ( signed by Magistrate Judge Lisa M. Smith ); Copies mailed (ds) (Entered: 06/18/1998)

Pre-trial conference before USMJ Smith (ds) (Entered: 06/18/1998)

Pretrial Conference held before USMJ Lisa Margaret Smith. Lisa Margaret Smith. (pf) (Entered: 09/21/1998)

ORDER TO PRODUCE DOCUMENTS That the NYS Division of State Police produce to Asst. Atty General of the State of NY, Michael O. Hueston at 120 Broadway, NY, NY 10271: All records, manuals, writings, documents, rules, laws, statutes and procedures relating to the NYS Division of State Police's policies, practices and training regarding searches, searches incident to arrest, custodial searches and automobile searches. So Ordered: ( signed by Magistrate Judge Lisa M. Smith ); Copies mailed (ds) (Entered: 09/29/1998)

Notice of reassignment to Judge Colleen McMahon Copy of notice and judge's rules mailed to Attorney(s) of record: Michael Oliver Hueston, Solomon Abrahams . (ds) (Entered: 10/30/1998)

Status Conference held before Judge McMahon. Transcript taken by Adrienne Mignano. (ec) Modified on 12/08/1998 (Entered: 12/07/1998)

Defendnat's Proposed Substantive Charge (ec) (Entered: 05/06/1999)

Proposed Voir Dire Questions by New York State Troop (ec) (Entered: 05/06/1999)

Defendnat's TRIAL MEMORANDUM Of Law (ec) (Entered: 05/06/1999)

JOINT PRE-TRIAL ORDER filed (UNSIGNED) (pf) (Entered: 05/11/1999)

FINAL PRETRIAL CONFERENCE SCHEDULING ORDER: The final pretrial conference in this matter will be held on July 9, 1999 at 2:00 p.m. at 300 Quarropas Street, White Palins, NY in courtroom 521; All remaining pretrial matters will be determined at this conference. To that end, papers oposing any motions in limine that have been filed must be served and filed together with two courtesy copies to chambers, no later than 5:00 p.m. on 6/15/99; If any party believes that this case should be bifurcated for trial, please submit a brief statement to that effect to chambers by 6/15/99; If any party requesting a special jury verdict, please submit a proposed verdict sheet to chambers by 6/15/99; So Ordered: ( signed by Judge Colleen McMahon ) ; Copies mailed (pf) (Entered: 05/11/1999)

Fld:Defendant's proposed verdict sheet (ec) (Entered: 06/16/1999)

Letter filed addressed to Dawn, Secretary to USDJ McMahon, dated June 15, 1999, from Atty. Solomon Abrahams, re: in response to the telephone conversation on this date relating to my available dates for trial during the months of july and August.. . (pf) (Entered: 06/18/1999)

Letter filed addressed to Ken Zaepfel, dated June 15, 1999, from Louis J. Martino re: request for scheduling of trial for the week of October 25, 1999.. (pf) (Entered: 06/18/1999)

Letter filed addressed to Judge McMahon from atty Solomon Abrahams, dated June 18, 1999, re: pltf's proposed verdict sheet. (ec) (Entered: 07/07/1999)

Memorandum to Docket Clerk:Final pre-trial conference held and concluded on July 9, 1999. Court rpe:Angela O'Donnell. Judge's decision - court decides all in-limine motions. Case is placed on standby jury selection for September 1999. See transcript. (ec) (Entered: 07/12/1999)

Order that case be referred to a Magistrate Judge for Jury Selection 01/03/2000(Trial set 01/18/2000). So Ordered: ( signed by Judge Colleen McMahon ) Referred to Magistrate Judge Lisa M. Smith . (pf) (Entered: 11/30/1999)

Memorandum to Docket Clerk: Jury trial begun & continued on 1/18/00 jury sworn. Ct rptr Sue Ghorayeb. Trial concluded 1/19/00. Jury verdict in favor of theplntf as to question 1. As to question 2 - Is Trooper Fairon entitled to qualified immunity - no. As to damages-Jury return in favor of the plntf in the amt of $125,000. See transcript and verdict sheet attached. Submitted by Fidelis Basile. (ds) (Entered: 01/21/2000)

Memo endorsed on Joint Pre-Trial Order [13-1] pre-trial order. ( signed by Judge Colleen McMahon ); Copies mailed. (ec) (Entered: 01/24/2000)

JUDGMENT#00,0018wp, for Eugene Kelleher against New York State Troop. ...it is ordered, adjudged and decreed:that the pltf, Eugene Kelleher, have judgment against deft., NY State Trooper John Farion (first name being fictitious), in the amount of One Hundred and Twenty-five thousand dollars ($125,000.00) for compensatory damages. ( signed by Judge Colleen McMahon ); Mailed copies and notice of right to appeal. Entered On Docket: 01/24/2000. (ec) (Entered: 01/24/2000)

Case closed. (ec) (Entered: 01/24/2000)

NOTICE OF MOTION by New York State Troop to Set Aside Verdict purs. to FRCP 50(b) , or for new trial purs. to Rule 59(a) , or for remittitur . Return date 2/11/00. (ds) (Entered: 02/04/2000)

MEMORANDUM OF LAW by New York State Troop in support of [21-1] motion to Set Aside Verdict purs. to FRCP 50(b), [21-2] motion for new trial purs. to Rule 59(a), [21-3] motion for remittitur (ds) (Entered: 02/04/2000)

Memo-Endorsement on letter addressed to Judge McMahon from Solomon Abrahams, dated 2/4/00. Re:request that the motion be adjourned to a date to be fixed by the court. ENDORSEMENT: Repond by 3/10/00. ( signed by Judge Colleen McMahon ); Copies mailed. (ds) (Entered: 02/10/2000)

NOTICE OF CROSS MOTION by Eugene Kelleher to amend of the complaint and judgment . Return date 3/10/00. (ds) (Entered: 02/29/2000)

MEMORANDUM OF LAW by Eugene Kelleher in opposition to [21-1] motion to Set Aside Verdict purs. to FRCP 50(b), [21-2] motion for new trial purs. to Rule 59(a), [21-3] motion for remittitur (ds) (Entered: 02/29/2000)

REPLY MEMORANDUM by New York State Troop re:in support of motion for judgment as a matter of law or in the alternative for a new trial or remittitur (ec) (Entered: 03/09/2000)

MEMORANDUM ORDER denying [21-1] motion to Set Aside Verdict purs. to FRCP 50(b), granting [21-2] motion for new trial purs. to Rule 59(a), granting [21-3] motion for remittitur ...In light of the above(see document for details), I order remititur in the amount of $25,000. If Plaintiff is unwilling to accept that amount, I will schedule a new trial on the questions of damages. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 03/27/2000)

JUDGMENT # 00,0018WP, for Eugene Kelleher against New York State Troop . It is Ordered, Adjudged and Decreed: That thr Pla have judgment against the deft in the amount of Twenty-Five Thousand Dollars ($25,000.00) for compensatory damages. So Ordered. EOD 9/21/00 ( signed by Judge Colleen McMahon ); Mailed copies and notice of right to appeal. Entered On Docket: 9/21/00. (fk) (Entered: 09/21/2000)