Pritchard v. County of Erie 1:04-cv-00534 (W.D.N.Y.) | Civil Rights Litigation Clearinghouse

Case: Pritchard v. County of Erie

1:04-cv-00534 | U.S. District Court for the Western District of New York

Filed Date: July 21, 2004

Closed Date: Feb. 22, 2018

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Case Summary

On October 31, 2003, three plaintiffs represented by private attorneys with law firms in New York and Washington, D.C., filed this class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of New York. They alleged that the Erie County Sheriff's Department had an unconstitutional blanket policy and/or practice of strip searching all individuals who entered either the Erie County Holding Center (ECHC) or the Erie County Correctional Facility (ECCF), regardless of the crime charged and without reasonable suspicion that the individuals were concealing weapons or contraband. The plaintiffs alleged that the policy violated the Fourth Amendment to the United States Constitution. They sought declaratory and injunctive relief, compensatory and punitive damages, and class certification.

The parties engaged in contentious discovery, resulting in numerous discovery motions and request for sanctions. District Judge John T. Curtin and Magistrate Judge Hugh B. Scott made numerous unpublished rulings on these issues. See, e.g., 2006 WL 1455484; 2006 WL 2927852 (order relating to the deposition of an Assistant County Attorney). Additionally, the judges issued opinions regarding discovery of e-mails sent by a former Assistant County Attorney to individual defendants and other Sheriff's Department officials regarding the Sheriff's Department's evolving policies regarding inmate strip searches. See, e.g., 2006 WL 3858475; objections overruled by 2006 WL 3872844; vacated and remanded by 473 F.3d 413. On remand, the district court found that dissemination of attorney's advice did not waive attorney-client privilege. 2007 WL 1703832. On reconsideration, the court found that the defendants waived the attorney-client privilege with respect to the disputed e-mails by placing the information in those communications "at issue" in the litigation. 2007 WL 3232096.

In September of 2009, the plaintiffs sought class certification of the class of “all persons who have been placed into the custody of the Erie County Correctional Facility and/or the Erie County Holding Center after being charged with misdemeanors, violations, violations of probation or parole, traffic infractions, civil commitments or other minor crimes and were strip searched upon their entry into the Erie County Correctional Facility and/or the Erie County Holding Center pursuant to the policy, custom and practice of the Erie County Sheriff's Department and the County of Erie.” The plaintiffs requested that the court certify this action as a money damages class action under Rule 23(b)(3). In the alternative, the plaintiffs sought issue certification under Rule 23(c)(4). The court, finding that ECHC and ECCF had different procedures in place, certified two separate classes––one for each facility. 269 F.R.D. 213, 219.

However, in 2012, the Supreme Court decided Florence v. Board of Chosen Freeholders, 566 U.S. 318, and held that suspicionless strip searches, regardless of the crime charged, did not violate the Fourth or Fourteenth Amendments. In response, the plaintiffs in this case submitted a brief distinguishing this case from Florence. The plaintiffs argued that the strip searches in Florence were private, individual searches, while the searches in this case were in groups. (In ECHC, class members were searched in groups of three in a shower area, and in ECCF, class members were searched in larger groups in a large common room.) The plaintiffs further argued that the Florence decision was limited to the facts addressed in that case.

The court instructed the parties to provide a joint submission regarding the procedural posture of this action based on Florence, but the parties did not reach an agreement. Instead, on May 23, 2012, the plaintiffs requested that the court allow the plaintiffs to file an amended complaint.

After a change of attorneys in 2016 and inaction on the part of the plaintiffs, the defendants filed a motion for summary judgment on August 25, 2017. The plaintiffs requested a stay of briefing on the motion for summary judgment pending the plaintiff’s filing of a motion for voluntary discontinuance of the action and decertification of the class. The plaintiffs acknowledged that in light of Florence, their claims were no longer viable as a federal issue and instead asserted their intent to renew the issue under New York State law in the New York Court of Appeals.

The defendants objected to the plaintiffs’ motion for voluntary discontinuance and urged the court to decide the issue on the merits They argued that the plaintiffs had ample opportunity during the thirteen years of litigation, and particularly in the five years post-Florence before the defendants filed for summary judgment, to amend their complaint to include issues of state law

In February 2018, the court granted the plaintiff’s motion to decertify the class but denied their motions for voluntary discontinuance and to amend. 2018 WL 1036165. The court granted defendants’ motion for summary judgment against two of the three named plaintiffs. Judgment sought against the third named plaintiff and any member of the now-decertified class was denied as moot.

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Summary Authors

Dan Dalton (3/5/2008)

Soojin Cha (3/22/2016)

Robin Peterson (10/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4680081/parties/pritchard-v-the-county-of-erie/

Judge(s)

Arcara, Richard Joseph (New York)

Cardamone, Joseph R. (New York)

Curtin, John Thomas (New York)

Jacobs, Russell Winston (New York)

Miner, Roger Jeffrey (New York)

Scott, Hugh B. (New York)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Coler, Alexandra (District of Columbia)

Cuneo, Jonathan W. (District of Columbia)

Jay, David G. (New York)

Judge(s)

Arcara, Richard Joseph (New York)

Cardamone, Joseph R. (New York)

Curtin, John Thomas (New York)

Jacobs, Russell Winston (New York)

Miner, Roger Jeffrey (New York)

Scott, Hugh B. (New York)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Coler, Alexandra (District of Columbia)

Cuneo, Jonathan W. (District of Columbia)

Jay, David G. (New York)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Migliaccio, Nicholas A. (District of Columbia)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Schumann-McGhee, Bethany (New York)

Thompson, Brendan S (Maryland)

Warren, Alexandra C. (District of Columbia)

Attorneys(s) for Defendant

Boron, Eric T. (New York)

D'Agostino, Thomas C. (New York)

Domagalski, James Paul (New York)

Driscoll, Michael C. (New York)

Gaglione, Frank T. (New York)

Kirkpatrick, Thomas F Jr. (New York)

Parker, Michelle M (New York)

Schapp, Jonathan (New York)

Wheaton, Kristin Klein (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:04-cv-00534	Docket (PACER) Pritchard v. The County of Erie	May 23, 2012	May 23, 2012 Docket
1 1:04-cv-00534	Class Action Complaint Pritchard et al v. The County of Erie et al	July 21, 2004	July 21, 2004 Complaint
15 1:04-cv-00534	Stipulation and Order [Withdrawing Cross-Claims] Pritchard et al v. The County of Erie et al	June 23, 2005	June 23, 2005 Order/Opinion
52 1:04-cv-00534	Order [Re: Motions to Compel, for Protective Order, etc.] Pritchard et al v. The County of Erie et al	Sept. 26, 2005	Sept. 26, 2005 Order/Opinion
53 1:04-cv-00534	[Protective] Order Pritchard et al v. The County of Erie et al	Sept. 26, 2005	Sept. 26, 2005 Order/Opinion
56 1:04-cv-00534	Order	Oct. 11, 2005	Oct. 11, 2005 Order/Opinion
78 1:04-cv-00534	Order [Denying Plaintiff's Motion for Production of Docs] Pritchard et al v. The County of Erie et al	Jan. 4, 2006	Jan. 4, 2006 Order/Opinion
103 1:04-cv-00534	Order [Granting Motion to Compel] Pritchard et al v. The County of Erie et al	March 20, 2006	March 20, 2006 Order/Opinion
106 1:04-cv-00534	[Order Affirming Order of 01/04/06]	April 17, 2006	April 17, 2006 Order/Opinion
114 1:04-cv-00534	Order [Re: Plaintiff's Motion to Compel] Pritchard et al v. The County of Erie et al	May 22, 2006	May 22, 2006 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4680081/pritchard-v-the-county-of-erie/

Last updated May 19, 2023, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint	July 21, 2004	July 21, 2004 Clearinghouse
	Summons Issued	July 21, 2004	July 21, 2004 PACER
2	Stipulation and Order	Aug. 20, 2004	Aug. 20, 2004 PACER
	Update Answer Due Date	Aug. 20, 2004	Aug. 20, 2004 PACER
3	Answer to Complaint	Sept. 16, 2004	Sept. 16, 2004 PACER
4	Answer to Complaint	Sept. 16, 2004	Sept. 16, 2004 PACER
	Notice of Hearing	Oct. 7, 2004	Oct. 7, 2004 PACER
	Notice (Other)	Oct. 21, 2004	Oct. 21, 2004 PACER
5	Order Referring Case to Magistrate Judge	Dec. 13, 2004	Dec. 13, 2004 PACER
6	Stipulation and Order	Dec. 21, 2004	Dec. 21, 2004 PACER
7	Notice of Appearance	Jan. 3, 2005	Jan. 3, 2005 PACER
8	Status Report	Jan. 31, 2005	Jan. 31, 2005 PACER
	E-Filing Notification	Jan. 31, 2005	Jan. 31, 2005 PACER
9	Order	Feb. 3, 2005	Feb. 3, 2005 PACER
9	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)	Feb. 3, 2005	Feb. 3, 2005 PACER
10	Notice of Appearance	Feb. 11, 2005	Feb. 11, 2005 PACER
10	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)	Feb. 11, 2005	Feb. 11, 2005 PACER
11	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)	Feb. 11, 2005	Feb. 11, 2005 PACER
11	Notice of Appearance	Feb. 11, 2005	Feb. 11, 2005 PACER
12	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)	Feb. 23, 2005	Feb. 23, 2005 PACER
12	Terminate Hearings	Feb. 23, 2005	Feb. 23, 2005 PACER
13	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)	Feb. 23, 2005	Feb. 23, 2005 PACER
13	Scheduling Order	Feb. 23, 2005	Feb. 23, 2005 PACER
14	Terminate Hearings	April 14, 2005	April 14, 2005 PACER
14	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)	April 14, 2005	April 14, 2005 PACER
15	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)	June 23, 2005	June 23, 2005 Clearinghouse
15	Stipulation and Order	June 23, 2005	June 23, 2005 Clearinghouse
16	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)	July 22, 2005	July 22, 2005 PACER
16	Motion to Compel	July 22, 2005	July 22, 2005 PACER
17	Affidavit	July 22, 2005	July 22, 2005 PACER
17	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)	July 22, 2005	July 22, 2005 PACER
18	Order	July 25, 2005	July 25, 2005 PACER
18	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)	July 25, 2005	July 25, 2005 PACER
19	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)	July 27, 2005	July 27, 2005 PACER
19	Terminate Hearings	July 27, 2005	July 27, 2005 PACER
20	Notice of Change of Address	July 28, 2005	July 28, 2005 PACER
20	NOTICE of Change of Address by James Paul Domagalski (Domagalski, James) (Entered: 07/28/2005)	July 28, 2005	July 28, 2005 PACER
	Remark	July 28, 2005	July 28, 2005 PACER
	Remark	July 28, 2005	July 28, 2005 PACER
21	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)	Aug. 3, 2005	Aug. 3, 2005 PACER
21	Terminate Hearings	Aug. 3, 2005	Aug. 3, 2005 PACER
22	Motion to Compel	Aug. 9, 2005	Aug. 9, 2005 PACER
22	MOTION to Compel or Preclude Discovery by H. McCarthy Gibson.(D'Agostino, Thomas) (Entered: 08/09/2005)	Aug. 9, 2005	Aug. 9, 2005 PACER
23	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)	Aug. 9, 2005	Aug. 9, 2005 PACER
23	Affidavit	Aug. 9, 2005	Aug. 9, 2005 PACER
24	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)	Aug. 10, 2005	Aug. 10, 2005 PACER
24	Affidavit of Service	Aug. 10, 2005	Aug. 10, 2005 PACER
	E-Filing Notification	Aug. 10, 2005	Aug. 10, 2005 PACER
	E-Filing Notification	Aug. 10, 2005	Aug. 10, 2005 PACER
25	Motion to Compel	Aug. 11, 2005	Aug. 11, 2005 PACER
25	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)	Aug. 11, 2005	Aug. 11, 2005 PACER
26	CERTIFICATE OF SERVICE by H. McCarthy Gibson re 23 Affidavit (D'Agostino, Thomas) (Entered: 08/12/2005)	Aug. 12, 2005	Aug. 12, 2005 PACER
26	Certificate of Service	Aug. 12, 2005	Aug. 12, 2005 PACER
27	Stipulation	Aug. 12, 2005	Aug. 12, 2005 PACER
27	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)	Aug. 12, 2005	Aug. 12, 2005 PACER
	E-Filing Notification	Aug. 12, 2005	Aug. 12, 2005 PACER
	E-Filing Notification	Aug. 12, 2005	Aug. 12, 2005 PACER
	Remark	Aug. 12, 2005	Aug. 12, 2005 PACER
	Remark	Aug. 12, 2005	Aug. 12, 2005 PACER
28	Order	Aug. 15, 2005	Aug. 15, 2005 PACER
28	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)	Aug. 15, 2005	Aug. 15, 2005 PACER
29	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)	Aug. 17, 2005	Aug. 17, 2005 PACER
29	Memorandum in Opposition to Motion	Aug. 17, 2005	Aug. 17, 2005 PACER
30	Affirmation	Aug. 17, 2005	Aug. 17, 2005 PACER
30	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)	Aug. 17, 2005	Aug. 17, 2005 PACER
31	Affirmation	Aug. 17, 2005	Aug. 17, 2005 PACER
31	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)	Aug. 17, 2005	Aug. 17, 2005 PACER
32	Certificate of Service	Aug. 17, 2005	Aug. 17, 2005 PACER
32	CERTIFICATE OF SERVICE by The County of Erie re 29 Memorandum in Opposition to Motion,,, 30 Affirmation, (Domagalski, James) (Entered: 08/17/2005)	Aug. 17, 2005	Aug. 17, 2005 PACER
33	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)	Aug. 17, 2005	Aug. 17, 2005 PACER
33	Memorandum in Opposition to Motion	Aug. 17, 2005	Aug. 17, 2005 PACER
	E-Filing Notification	Aug. 17, 2005	Aug. 17, 2005 PACER
	E-Filing Notification	Aug. 17, 2005	Aug. 17, 2005 PACER
34	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)	Aug. 18, 2005	Aug. 18, 2005 PACER
34	Terminate Deadlines and Hearings	Aug. 18, 2005	Aug. 18, 2005 PACER
35	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)	Aug. 18, 2005	Aug. 18, 2005 PACER
35	Certificate of Service	Aug. 18, 2005	Aug. 18, 2005 PACER
	Remark	Aug. 18, 2005	Aug. 18, 2005 PACER
	Remark	Aug. 18, 2005	Aug. 18, 2005 PACER
36	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)	Aug. 19, 2005	Aug. 19, 2005 PACER
36	Certificate of Service	Aug. 19, 2005	Aug. 19, 2005 PACER
37	CERTIFICATE OF SERVICE by Adam Pritchard, Edward Robinson, Julenne Tucker re 33 Memorandum in Opposition to Motion, (Keach, Elmer) (Entered: 08/19/2005)	Aug. 19, 2005	Aug. 19, 2005 PACER
37	Certificate of Service	Aug. 19, 2005	Aug. 19, 2005 PACER
38	MOTION for Protective Order by The County of Erie.(Domagalski, James) (Entered: 08/22/2005)	Aug. 22, 2005	Aug. 22, 2005 PACER
38	Motion for Protective Order	Aug. 22, 2005	Aug. 22, 2005 PACER
39	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)	Aug. 22, 2005	Aug. 22, 2005 PACER
39	Affirmation	Aug. 22, 2005	Aug. 22, 2005 PACER
	E-Filing Notification	Aug. 22, 2005	Aug. 22, 2005 PACER
	E-Filing Notification	Aug. 22, 2005	Aug. 22, 2005 PACER
40	MOTION for Protective Order correcting and replacing docket entry 38 by The County of Erie.(Domagalski, James) (Entered: 08/23/2005)	Aug. 23, 2005	Aug. 23, 2005 PACER
40	Motion for Protective Order	Aug. 23, 2005	Aug. 23, 2005 PACER
41	Affirmation	Aug. 23, 2005	Aug. 23, 2005 PACER
41	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)	Aug. 23, 2005	Aug. 23, 2005 PACER
42	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)	Aug. 23, 2005	Aug. 23, 2005 PACER
42	Memorandum in Support	Aug. 23, 2005	Aug. 23, 2005 PACER
43	Certificate of Service	Aug. 23, 2005	Aug. 23, 2005 PACER
43	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)	Aug. 23, 2005	Aug. 23, 2005 PACER
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). (Entered: 08/23/2005)	Aug. 23, 2005	Aug. 23, 2005 PACER
44	Notice of Hearing on Motion	Aug. 23, 2005	Aug. 23, 2005 PACER
	E-Filing Notification	Aug. 23, 2005	Aug. 23, 2005 PACER

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Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 21, 2004

Closing Date: Feb. 22, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons, commencing July 10, 2001, who have been placed into the custody of the Erie County Correctional Facility and/or Holding Center after being charged with minor crimes absent reasonable suspicion of contraband or weapons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The County of Erie (Erie), County

Erie County Holding Center (Erie), County

Erie County Correctional Facility (Erie), County

Defendant Type(s):

Corrections