Case: Pritchard v. County of Erie

Pritchard v. The County of Erie

Pritchard et al v. The County of Erie et al

Pritchard et al v. The County of Erie et al

Pritchard et al v. The County of Erie et al

Pritchard et al v. The County of Erie et al

Pritchard et al v. The County of Erie et al

Pritchard et al v. The County of Erie et al

Pritchard et al v. The County of Erie et al

COMPLAINT against Patrick M. Gallivan, H. McCarthy Gibson, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie ( Filing fee $ 150 receipt number 12373.), filed by Adam Pritchard, Edward Robinson, Julenne Tucker ; Jury trial demanded(DZ, ) (Entered: 07/23/2004)

Summons Issued

Summons Issued as to Patrick M. Gallivan, H. McCarthy Gibson, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie. (DZ, )

STIPULATION AND ORDER granting all defendants an extension of time to answer until 9/16/04; plaintiffs' time to move for class certification will be extended by 30 days. Signed by Hon. John T. Curtin on 8/20/04. (DZ, ) (Entered: 08/24/2004)

Update Answer Due Date

Answer due date updated as to all defendants to 9/16/04 (DZ, )

ANSWER to Complaint with Jury Demand, CROSSCLAIM against H. McCarthy Gibson by Patrick M. Gallivan, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie.(Wheaton, Kristin) (Entered: 09/16/2004)

ANSWER to Complaint with Jury Demand, CROSSCLAIM against Patrick M. Gallivan, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie, Julenne Tucker by H. McCarthy Gibson. (Attachments: # 1 Certificate of Service)(D'Agostino, Thomas) (Entered: 09/16/2004)

Notice of Hearing

NOTICE of Hearing: Status Telephone Conference set for 10/25/2004 11:00 AM before Hon. John T. Curtin. (JEC)

Notice (Other)

TAKE NOTICE that the Meeting scheduled in this matter for 10/25/2004 is adjourned generally. A new meeting date will be set shortly. (JEC)

**RESCINDED per Order item # 162** ORDER REFERRING CASE to Magistrate Judge Hugh B. Scott. Signed by Hon. Richard J. Arcara on 12/09/2004. (JEC) Modified on 1/9/2007 (DZ, ). (Entered: 12/13/2004)

STIPULATION AND ORDERPlaintiffs' Motion for class certification due by 2/18/2005. Signed by Hon. Hugh B. Scott on 12/20/2004. (DRH) (Entered: 12/21/2004)

NOTICE of Appearance by David Gerald Jay on behalf of Adam Pritchard, Edward Robinson, Julenne Tucker (DZ, ) (Entered: 01/03/2005)

STATUS REPORT and Request for Case Management Conference with the Court by Adam Pritchard, Edward Robinson, Julenne Tucker. (Keach, Elmer) (Entered: 01/31/2005)

E-Filing Notification

E-Filing Notification: 8 STATUS REPORT (Keach, Elmer) **Reminder that letters are not to be e-filed unless directed to do so by the Court** (DZ, )

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT Scheduling Conference set for 2/23/2005, 11:00 AM, before Hon. Hugh B. Scott. The date for class certification motion (see Docket No. 6 ), is held in abeyance pending this scheduling conference. Signed by Hon. Hugh B. Scott on 2/3/2005. (DRH) (Entered: 02/03/2005)

NOTICE of Appearance by Frank T. Gaglione on behalf of Timothy. Howard, Donald J. Livingston, Robert Huggins, Patrick M. Gallivan, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie, Patrick M. Gallivan, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie, The County of Erie, Patrick M. Gallivan (Gaglione, Frank) (Entered: 02/11/2005)

NOTICE of Appearance by Michael C. Driscoll on behalf of Timothy. Howard, Donald J. Livingston, Robert Huggins, Patrick M. Gallivan, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie, Patrick M. Gallivan, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie, The County of Erie, Patrick M. Gallivan (Driscoll, Michael) (Entered: 02/11/2005)

HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. Scott:David G. Jay, Esq., Elmer R. Keach, III, Esq., Jonathan Cuneo, Esq., for plaintiffs; Assistant County Attorney Kristin Klein Wheaton, Frank Gaglione, Esq., Michael Driscoll, Esq., for defendants (except Gibson); Thomas D'Agostino, Esq., for defendant Gibson.Scheduling Conference held on 2/23/2005. Cause shown for extended schedule. Scheduling Order to be entered. (DRH) (Entered: 02/23/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTSCHEDULING ORDER:Join Parties/Amend Pleadings due by 6/1/2005. Discovery related to class certification due by 8/23/2005. Motion for class certification due by 8/23/2005. Responses to this motion due by 9/23/2005. Reply to this motion, if any, due by 9/30/2005. Court then determine if oral argument is necessary.Initial Settlement Conference set for 9/8/2005, 11:00 AM, before Hon. Hugh B. Scott. Motions to Compel Fact Discovery due by 3/3/2006. Fact Discovery due by 4/6/2006. Plaintiff Expert Witness ID due by 5/1/2006. Defendant Expert Witness ID due by 6/15/2006. All discovery, including expert, due by 7/3/2006. Further Pretrial Conference set for 7/11/2006, 10:00 AM, before Hon. Hugh B. Scott. Motions due by 8/15/2006. Signed by Hon. Hugh B. Scott on 2/23/2005. (DRH) (Entered: 02/23/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDER re 13 Scheduling Order, Set Deadlines/Hearings, Set Scheduling Order Deadlines Initial Settlement Conference reset for 9/7/2005, 11:00 AM, before Hon. Hugh B. Scott. All other dates remain in place. Signed by Hon. Hugh B. Scott on 4/14/2005. (DRH) (Entered: 04/14/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTSTIPULATION AND ORDERDefendants stipulated to dismissing cross-claims filed against each other. Cross-Claimants H. McCarthy Gibson, County of Erie, Patrick M. Gallivan, Timothy. Howard, Donald Livingston, and Robert Huggins terminated; Cross-Defendants H. McCarthy Gibson, Timothy. Howard, Robert Huggins, Donald J. Livingston, The County of Erie, and Patrick M. Gallivan terminated.So Ordered. Signed by Hon. Hugh B. Scott on 6/23/2005. (DRH) (Entered: 06/23/2005)

MOTION to Compel by The County of Erie, Patrick M. Gallivan, Timothy Howard, Donald Livingston and by Robert Huggins.(Domagalski, James) (Entered: 07/22/2005)

AFFIDAVIT re 16 MOTION to Compel by The County of Erie, Patrick M. Gallivan, Timothy Howard, Donald Livingston and by Robert Huggins. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Domagalski, James) (Entered: 07/22/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDER re 16 MOTION to Compel by The County of Erie, Patrick M. Gallivan, Timothy Howard, Donald Livingston and filed by Robert HugginsPlaintiffs' counsel requested a status conference to discuss discovery and the timing of the class certification motion; also, defendants have moved to compel discovery from plaintiffs (Docket No. 16 ). To discuss these issues, Status Conference set for 8/17/2005, 11:30 AM, before Hon. Hugh B. Scott; plaintiff's non-local counsel may appear by telephone. All other counsel (including plaintiffs' local counsel) are expected to appear in person. Parties are reminded that chamber guidelines requires submission of paper courtesy copies of all motion papers to the chambers of the undersigned.So Ordered. Signed by Hon. Hugh B. Scott on 7/25/2005. (DRH) (Entered: 07/25/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDER re 18 Order, Set HearingsAt the request of plaintiffs' counsel, Status Conference reset for Wed., 8/3/2005, 2:00 PM, before Hon. Hugh B. Scott. Parties should be prepared to discuss (a) schedule for completing class certification discovery and class certification motion, (b) scheduling of defendants' motion to compel (Docket No. 16 ) or any other motions filed or anticipated to be filed, (c) status of claims against former Sheriff Gallivan. Since plaintiffs counsel indicated that they would be in Buffalo on Aug. 3, all counsel are expected to appear in person. So Ordered. Signed by Hon. Hugh B. Scott on 7/27/2005. (DRH) (Entered: 07/27/2005)

NOTICE of Change of Address by James Paul Domagalski (Domagalski, James) (Entered: 07/28/2005)

Remark

Test entry for technical reasons (DZ, )

HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. Scott:Elmer R. Keach, Esq., for plaintiffs; Frank Gaglione, Esq., James Domagalski, Esq., Thomas D'Agostino, Esq., Assistant County Attorney Kristin Klein Wheaton, for defendants.Status Conference held on 8/3/2005. Parties discussed status of discovery relative to class certification motion and plaintiffs' desire to extend deadline for class certification as well as their intention to move to compel disclosure. Schedule for defendants' pending motion to compel 16 was also discussed. Plaintiffs stated that claims remain against defendant Gallivan in his individual capacity. Plaintiffs complained about the conduct of depositions, and defendants complained about ex parte communication by plaintiffs' investigator with Erie County Sheriff's deputies (an investigator who was serving subpoenaes upon the deputies). Plaintiffs finally complained that they have not received correspondence sent by defense counsel to the Court. Defendants finally mentioned scheduling issues in the ongoing depositions of defendants' staff.The Court admonished counsel to make motions to seek redress raised in this conference and in correspondence leading to this conference. Any such motions are due by 8/10/2005. The Court then will issue a scheduling Order for briefing of those motions, including a schedule for defendants' motion to compel 16 . The class certification motion deadline remains as schedule absent an motion or stipulation requesting a change.All counsel for the parties who have not filed formal notices of appearance (including registration with ECF) must do so in order to receive notices from the Court. (DRH) (Entered: 08/03/2005)

MOTION to Compel or Preclude Discovery by H. McCarthy Gibson.(D'Agostino, Thomas) (Entered: 08/09/2005)

AFFIDAVIT re 22 MOTION to Compel or Preclude Discovery Affidavit of Thomas C. D'Agostino by H. McCarthy Gibson. (Attachments: # 1 Exhibit A# 2 Exhibit B)(D'Agostino, Thomas) (Entered: 08/09/2005)

AFFIDAVIT of Service for Affidavit in Support of Motion to Compel or Preclude Discovery served on All parties on August 9, 2005, filed by H. McCarthy Gibson. (D'Agostino, Thomas) (Entered: 08/10/2005)

E-Filing Notification

E-Filing Error Notification: 24 AFFIDAVIT of Service (D'Agostino, Thomas) **Document to be refiled in proper format with case caption and number** (DZ, )

MOTION to Compel and for Protective Order, Leave to Intervene and Enlargement of Time by Adam Pritchard, Edward Robinson, Julenne Tucker. (Attachments: # 1 Affidavit Affirmation of Elmer Keach# 2 Exhibit Exhibit A to Keach Affirmation -- Plaintiffs' Document Request# 3 Exhibit Exhibit C to Keach Affirmation -- Defendants' Response to Document Request# 4 Exhibit Exhibit C to Keach Affirmation -- Defendant County of Erie's Answer# 5 Exhibit Exhibit D to Keach Affirmation -- Gibson Memo on Strip Searches, August 2003# 6 Exhibit Exhibit E to Keach Affirmation -- Marriott Protective Order# 7 Exhibit Exhibit F to Keach Affirmation -- Defendants' Letter regarding booking sheets# 8 Exhibit Exhibit G to Keach Affirmation -- Order in Bruce v. County of Rensselaer# 9 Exhibit Exhibit H to the Keach Affirmation -- transcript from Marriott v. County of Montgomery# 10 Exhibit Exhibit I to Keach Affirmation -- Transcript in McDaniel v. County of Schenectady# 11 Exhibit Exhibit J to Keach Affirmation -- Order in McDaniel v. County of Schenectady on booking sheets# 12 Exhibit Exhibit K to Keach Affirmation -- Protective Order in McDaniel v. County of Schenectady# 13 Exhibit Exhibit L to Keach Affirmation -- Booking Records for Edward Robinson# 14 Exhibit Exhibit M to Keach Affirmation -- County of Erie Original Privilege Log# 15 Exhibit Exhibit N to Keach Affirmation -- County of Erie Amended Privilege Log# 16 Exhibit Exhibit O to Keach Affirmation -- Depostion to Daniel Harig# 17 Exhibit Exhibit P to Keach Affirmation -- Email between counsel regarding Stanley and McNamara# 18 Exhibit Exhibit R to Keach Affirmation -- Redlined Amended Complaint# 19 Exhibit Exhibit Q to Keach Affirmation -- Intervention Complaint# 20 Exhibit Exhibit S to Keach Affirmation -- Order in McDaniel v. County of Schenectady regarding extension of class certification deadline# 21 Memorandum in Support Memorandum of Law In support of motion to compel, for protective order, for permissive intervention and enlargement of time)(Keach, Elmer) (Entered: 08/11/2005)

CERTIFICATE OF SERVICE by H. McCarthy Gibson re 23 Affidavit (D'Agostino, Thomas) (Entered: 08/12/2005)

STIPULATION re 13 Scheduling Order,,,, Set Deadlines/Hearings,,,, Set Scheduling Order Deadlines,,, extending time for Plaintiffs to move for class certification by Adam Pritchard, Edward Robinson, Julenne Tucker. (Keach, Elmer) (Entered: 08/12/2005)

Remark

Document No. 25 Motion to Compel, Affirmation with Exhibits and Memorandum filed without proof of service. (SG, )

E-Filing Notification

E-Filing Error Notation: 27 STIPULATION (Keach, Elmer) **document to be re-filed to comply with signature block requirements* (DZ, )

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERRegarding defendants' motions (Docket Nos. 16, 22 ) and plaintiffs' motion (Docket No. 25 ), Responses due by 8/17/2005; Replies due by 9/1/2005. Oral Argument set for Fri., 9/16/2005, 11:00 AM, before Hon. Hugh B. Scott. Plaintiffs are to file proof of service for their motion.Pretrial Conference also set for Fri., 9/16/2005, 11:00 AM, before Hon. Hugh B. Scott. Parties stipulation extending time to file motion to certify class (Docket No. 27 ) is granted; that motion is due by 10/21/2005.So Ordered. Signed by Hon. Hugh B. Scott on 8/15/2005. (DRH) (Entered: 08/15/2005)

MEMORANDUM in Opposition re 25 MOTION to Compel and for Protective Order, Leave to Intervene and Enlargement of Time In Opposition To Plaintiffs' Motion To Compel Production Of Documents And Response To Interrogatories, For In Camera Review Of Documents Designated By Defendants To Be Privileged, For A Protective Order To Preclude The Use of Speaking Objections During Depositions, For Leave To Intervene Additional Class Representatives And For Enlargement Of Time To File Motion For Class Certification filed by The County of Erie. (Domagalski, James) (Entered: 08/17/2005)

AFFIRMATION signed by James P. Domagalski, Esq. re 29 Memorandum in Opposition to Motion,, filed by The County of Erie, The County of Erie filed by The County of Erie, The County of Erie. (Attachments: # 1 Ex. A;# 2 Ex. B;# 3 Ex. C;# 4 Ex. D;# 5 Ex. E;# 6 Ex. F;# 7 Ex. G.)(Domagalski, James) (Entered: 08/17/2005)

AFFIRMATION signed by Thomas C. D'Agostino, Esq. re 25 MOTION to Compel and for Protective Order, Leave to Intervene and Enlargement of Time filed by H. McCarthy Gibson, Timothy. Howard Affirmation in opposition to the portion of Plaintiff's motion which seeks an enlargement of time for Plaintiffs to file their motion for class certification filed by H. McCarthy Gibson, Timothy. Howard. (D'Agostino, Thomas) (Entered: 08/17/2005)

CERTIFICATE OF SERVICE by The County of Erie re 29 Memorandum in Opposition to Motion,,, 30 Affirmation, (Domagalski, James) (Entered: 08/17/2005)

MEMORANDUM in Opposition re 22 MOTION to Compel or Preclude Discovery, 16 MOTION to Compel by The County of Erie, Patrick M. Gallivan, Timothy Howard, Donald Livingston and filed by Adam Pritchard, Edward Robinson, Julenne Tucker. (Attachments: # 1 Affidavit Affidavit of Elmer Keach in Opposition, with one exhibit -- declaration of amina robinson)(Keach, Elmer) (Entered: 08/17/2005)

E-Filing Notification

E-Filing Error : 32 CERTIFICATE OF SERVICE by The County of Erie ** incorrect pdf file attached, attorney to re-file** (DZ, )

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDER re 28 Order, Set Deadlines/HearingsDefense counsel requests rescheduling the oral argument and settlement conference set for 9/16/2005. Given the number and location of counsel in this action and the reasons stated by defense counsel, the Court reluctantly agrees. Oral Argument reset for Tues., 9/20/2005, 11:00 AM, before Hon. Hugh B. Scott. Settlement Conference also reset for Tues., 9/20/2005, 11:00 AM, before Hon. Hugh B. Scott following the oral argument. With the scheduling logistics involved with all parties in this case, future adjournments or rescheduling may not be possible. So Ordered. Signed by Hon. Hugh B. Scott on 8/18/2005. (DRH) (Entered: 08/18/2005)

CERTIFICATE OF SERVICE by The County of Erie re 32 Certificate of Service, 29 Memorandum in Opposition to Motion,,, 30 Affirmation, which corrects and replaces entry 32 (Domagalski, James) (Entered: 08/18/2005)

Remark

Document #33 (Memorandum by Elmer Keach) filed without proof of service (DZ, )

CERTIFICATE OF SERVICE by Adam Pritchard, Edward Robinson, Julenne Tucker re 25 MOTION to Compel and for Protective Order, Leave to Intervene and Enlargement of Time (Keach, Elmer) (Entered: 08/19/2005)

CERTIFICATE OF SERVICE by Adam Pritchard, Edward Robinson, Julenne Tucker re 33 Memorandum in Opposition to Motion, (Keach, Elmer) (Entered: 08/19/2005)

MOTION for Protective Order by The County of Erie.(Domagalski, James) (Entered: 08/22/2005)

AFFIRMATION signed by James P. Domagalski, Esq. re 38 MOTION for Protective Order filed by The County of Erie,further in support of County Defendants' motion to preclude. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Domagalski, James) (Entered: 08/22/2005)

E-Filing Notification

E-Filing Notification: 38 MOTION for Protective Order, 39 AFFIRMATION **documents refiled** (DZ, )

MOTION for Protective Order correcting and replacing docket entry 38 by The County of Erie.(Domagalski, James) (Entered: 08/23/2005)

AFFIRMATION signed by James P. Domagalski, Esq. re 40 MOTION for Protective Order correcting and replacing docket entry 38 filed by The County of Erie, which Affirmation corrects and replaces docket entry 39. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Domagalski, James) (Entered: 08/23/2005)

MEMORANDUM IN SUPPORT re 40 MOTION for Protective Order correcting and replacing docket entry 38, 41 Affirmation, byThe County of Erie. (Domagalski, James) (Entered: 08/23/2005)

CERTIFICATE OF SERVICE by The County of Erie re 40 MOTION for Protective Order correcting and replacing docket entry 38, 41 Affirmation,, 42 Memorandum in Support (Domagalski, James) (Entered: 08/23/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF NOTICE of Hearing on Motion 40 MOTION for Protective Order correcting and replacing docket entry 38:Despite this Court's Order (Docket No. 28, see Docket No. 21 minute entry) that motions related to issues raised on 8/3/2005 be filed by 8/10/2005, the Court will consider this latest (otherwise out of time) motion because of the allegation of actions that occurred after that motion deadline.Responses due by 9/1/2005; Replies due by 9/16/2005. Motion Hearing set for Tues., 9/20/2005, 11:00 AM, before Hon. Hugh B. Scott, the same date and time as argument of the other pending motions in this action (Docket Nos. 16, 22, 25). (DRH) Modified on 8/23/2005--correct day of argument (DRH). (Entered: 08/23/2005)

E-Filing Notification

E-Filing Error Corrected: 44 ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF NOTICE of Hearing on Motion 40 MOTION for Protective Order correcting and replacing docket entry 38:Despite this Court's Order (Docket No. 28, see Docket No. 21 minute entry) that motions related to issues raised on 8/3/2005 be filed by 8/10/2005, the Court will consider this latest (otherwise out of time) motion because of the allegation of actions that occurred after that motion deadline.Responses due by 9/1/2005; Replies due by 9/16/2005. Motion Hearing set for Tues., 9/20/2005, 11:00 AM, before Hon. Hugh B. Scott, the same date and time as argument of the other pending motions in this action (Docket Nos. 16, 22, 25). (DRH) Modified on 8/23/2005--correct day of argument (DRH).

REPLY/RESPONSE to re 33 Memorandum in Opposition to Motion,, 16 MOTION to Compel by The County of Erie, Patrick M. Gallivan, Timothy Howard, Donald Livingston and, 17 Affidavit filed by The County of Erie. (Attachments: # 1 Exhibit A)(Domagalski, James) (Entered: 09/01/2005)

CERTIFICATE OF SERVICE by The County of Erie re 45 Reply/Response, (Domagalski, James) (Entered: 09/01/2005)

REPLY to Response to Motion re 25 MOTION to Compel and for Protective Order, Leave to Intervene and Enlargement of Time filed by Adam Pritchard, Edward Robinson, Julenne Tucker. (Attachments: # 1 Exhibit Exhibit A to Keach Affirmation -- Briefing in Marriott v. County of Montgomery# 2 Certificate of Service)(Keach, Elmer) (Entered: 09/01/2005)

AFFIRMATION in Opposition re 40 MOTION for Protective Order correcting and replacing docket entry 38 filed by Adam Pritchard, Edward Robinson, Julenne Tucker. (Attachments: # 1 Exhbit A to Keach Affirmation -- Transcript of Proceedings in Marriott v. County of Montgomery# 2 Exhibit B to Keach Affirmation -- Electronic Mail from Keach to Domalgowski, 8.12.05# 3 Exhibit C to Keach Affirmation -- Deposition Transcript of Diane Hayes# 4 Exhibit D to Keach Affirmation -- Memorandum from Gallivan to Gibson, dated 8.13.04# 5 Memorandum of Law# 6 Certificate of Service)(Keach, Elmer) Modified text on 9/2/2005 to indicate document is an Affirmation(DZ, ). (Entered: 09/01/2005)

E-Filing Notification

E-Filing Error Corrected: 48 *text modified to indicate document is an AFFIRMATION (not an affidavit)* (DZ, )

REPLY/RESPONSE to re 40 MOTION for Protective Order correcting and replacing docket entry 38, 47 Reply to Response to Motion,, 48 Affidavit in Opposition to Motion,,, 41 Affirmation,, 42 Memorandum in Support filed by The County of Erie. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Domagalski, James) (Entered: 09/16/2005)

CERTIFICATE OF SERVICE by The County of Erie re 49 Reply/Response, (Domagalski, James) (Entered: 09/16/2005)

HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. Scott:Elmer Robert Keach, III, Esq., and Charles LaDuca, Esq., for plaintiffs; James Domalgalski, Esq., and Assistant County Attorney Kristin Klein Wheaton for County Defendants, Louis Dingeldey, Esq., for defendant Gipson.Motion Hearing held on 9/20/2005 re 22 MOTION to Compel or Preclude Discovery filed by H. McCarthy Gipson, 40 MOTION for Protective Order correcting and replacing docket entry 38 filed by The County of Erie, 16 MOTION to Compel by The County of Erie, Patrick M. Gallivan, Timothy Howard, Donald Livingston and filed by Robert Huggins, 25 MOTION to Compel and for Protective Order, Leave to Intervene and Enlargement of Time filed by Adam Pritchard, Edward Robinson, Julenne Tucker, Court reserved decision on all motions. Settlement Conference held on 9/20/2005. Settlement not possible at this time and conference adjourned. (DRH) (Entered: 09/20/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERGranting in part and denying in part 16 County Defendants' Motion to Compel (as detailed in the Order), granting 22 Gipson's Motion to Com pel, granting in part and denying in part 25 plaintiffs' Motion to Compel (as described in detail in the Order), granting in part and denying in part 40 County Defendants' Motion for Protective Order (also as described in the Order). Plaintiffs are either to produce requested disclosure and discovery on plaintiff Julenne Tucker or formally withdraw his claims within 30 days of entry of this Order.The Court will enter a protective Order regarding defendants' production of booking sheet information.Plaintiffs have until 12/20/2005 in which to file a class certification motion; this is the final extension of the class certification deadline.County Defendants to receive reasonable motion costs for Doc ket No. 16; Gipson is to receive some reasonable motion costs for Docket No. 22 (as described more fully in the Order); plaintiffs to receive some reasonable motion costs for Docket No. 25 (again, as described more fully in the Order). Parties are t o file and exchange their respective motion cost application affidavits five (5) business days from entry of this Order; the opposing parties may file a response within five (5) business days of service of that affidavit. No reply papers will be acc epted for the fee applications. The Court will deem the fee applications submitted as of the date for responding papers and issue an Order awarding costs. These sanctions shall be paid by respective counsel responsible for the expense.So Ordered. Signed by Magistrate Judge Hugh B. Scott on 9/26/2005. (DRH)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTPROTECTIVE ORDERRegarding Docket No. 25, plaintiffs' motion to produce booking sheets. See Docket No. 52.Signed by Hon. Hugh B. Scott on 9/26/2005. (Attachments: # 1 Exhibit A, Sworn Statement)(DRH)

2 Exhibit Sworn Statement Exhibit

View on PACER

TEXT OF Calendar Entry, deadline for motion for class certification, 12/20/2005. (DRH) (Entered: 09/26/2005)

STIPULATION re 52 Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Protective Order,,,,,,, Waiving Right of all Counsel to Seek Costs by Adam Pritchard, Edward Robinson, Julenne Tucker. (Keach, Elmer) (Entered: 09/30/2005)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDER re 55 Stipulation filed by Adam Pritchard, Edward Robinson, Julenne TuckerThe Court declines to enter an Order adopting counsels' stipulation (Docket No. 55). Parties shall submit to the Court their respective motion costs. These Motions due by 10/21/2005. Responses to those submissions due by 10/28/2005. So Ordered. Signed by Hon. Hugh B. Scott on 10/11/2005. (DRH)

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDERAt the request of all parties, Status Conference set for Wed., 10/19/2005, 2:30 PM, before Hon. Hugh B. Scott.So Ordered. Signed by Hon. Hugh B. Scott on 10/17/2005. (DRH) (Entered: 10/17/2005)

HONORABLE HUGH B. SCOTTTEXT OF MINUTE ENTRYFor proceedings held before Magistrate Judge Hugh B. Scott:David Jay, Esq., for plaintiffs; James Domagalski, Esq., for County defendants, Assistant County Attorney Kristin Klein Wheaton, Louis Dingeldey, Esq., for defendant Gipson.Status Conference held on 10/19/2005. Parties reported on progress regarding discovery, with the parties completing depositions, the County Defendants producing summaries from 30,000 booking sheets. The County Defendants indicated that they intend to furnish an in camera affidavit of their claimed privileged documents by the end of next week. Parties indicated that discovery sanction applications would reveal essentially offsetting expenses, with some suggesting that the former stipulation regarding motion costs (Docket No. 55) be so ordered.Nevertheless, the Court expects motion applications on or before 10/21/2005, and any responses by 10/28/2005. (DRH) (Entered: 10/19/2005)

AFFIRMATION signed by Louis B. Dingeldey Jr., Esq. filed by H. McCarthy Gibson Affirmation in support of fee appication. (Attachments: # 1 Certificate of Service)(Dingeldey, Louis) (Entered: 10/21/2005)

AFFIDAVIT re 58 Terminate Hearings,,,,, Status Conference,,,, Affidavit in Support of Application for Motion Costs and Attorneys' Fees by The County of Erie. (Attachments: # 1 Exhibit A)(Domagalski, James) (Entered: 10/21/2005)

CERTIFICATE OF SERVICE by The County of Erie re 60 Affidavit (Domagalski, James) (Entered: 10/21/2005)

AFFIRMATION signed by Elmer Robert Keach, III re 56 Order,, Set Deadlines,, 58 Terminate Hearings,,,,, Status Conference,,,,, 52 Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Protective Order,,,,,,, filed by Adam Pritchard, Edward Robinson, Julenne Tucker Regarding Assessment of Attorneys' Fees. (Attachments: # 1 Exhibit Exhibit A -- Memorandum Decision and Order, 09.26.05# 2 Exhibit Exhibit B -- Memorandum Decision and Order, 10.11.05# 3 Exhibit Exhibit C -- Keach Fees Affidavit# 4 Exhibit Exhibit d -- LaDuca Fees Affirmation# 5 Exhibit Exhibit E -- Mason Fees Affidavit# 6 Exhibit Exhibit F -- Rozger Fees Affidavit# 7 Certificate of Service)(Keach, Elmer) (Entered: 10/21/2005)

MOTION for Extension of Time to File Discontinuance for Julenne Tucker, On Consent by Adam Pritchard, Edward Robinson, Julenne Tucker. (Attachments: # 1 Affidavit Affirmation of Elmer Keach# 2 Certificate of Service)(Keach, Elmer) (Entered: 10/26/2005)

E-Filing Notification

E-Filing Error : 63 MOTION for Extension of Time to File Discontinuance for Julenne Tucker, (Keach, Elmer) **document to be refiled as the Affirmation is not sgined** (DZ, )

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF ORDER granting 63 Motion for Extension of Time to File Plaintiffs' counsel request an enlargement of time, from 10/30/2005 to 11/4/2005, in order to either provide discovery regarding plaintiff Tucker or discontinue his claim, stating that they are attempting to contact Mr. Tucker (currently incarcerated in Illinois) but require additional time to contact him. Defendants do not object to this enlargement. This motion is granted; plaintiffs have until 11/4/2005 in order to comply with the previous Order (Docket No. 52) regarding Mr. Tucker.So Ordered. Signed by Magistrate Judge Hugh B. Scott on 10/27/2005. (DRH) (Entered: 10/27/2005)

Set Deadlines/Hearings

Set Deadlines/Hearings: Motions (discontinuing claims by plaintiff Julenne Tucker or producing discovery for him) due by 11/4/2005. (DRH)

AFFIDAVIT re 62 Affirmation,, Reply affidavit of James Domagalski regarding Cost Motions by The County of Erie, The County of Erie filed by The County of Erie, The County of Erie. (Domagalski, James) (Entered: 10/28/2005)

CERTIFICATE OF SERVICE by The County of Erie re 65 Affidavit (Domagalski, James) (Entered: 10/28/2005)

AFFIRMATION signed by Elmer Robert Keach, III re 56 Order,, Set Deadlines,, 58 Terminate Hearings,,,,, Status Conference,,,,, 52 Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Protective Order,,,,,,, filed by Adam Pritchard, Edward Robinson, Julenne Tucker Regarding Defendants' Request for Attorneys' Fees. (Attachments: # 1 Certificate of Service)(Keach, Elmer) (Entered: 10/28/2005)

MOTION to Withdraw as Attorney relative to Plaintiff Julenne Tucker by Adam Pritchard, Edward Robinson, Julenne Tucker. (Attachments: # 1 Affidavit Affirmation of Elmer Robert Keach, III# 2 Certificate of Service)(Keach, Elmer) (Entered: 11/04/2005)