Case: TROWBRIDGE v. INSTITUTE FOR BASIC

1:98-cv-03529 | U.S. District Court for the Eastern District of New York

Filed Date: May 11, 1998

Clearinghouse coding in progress

Case Summary

Not Reported in F.Supp.2d, 2003 WL 21143086 (E.D.N.Y. 2003).

suit brought under ADEA, the Labor Management Relations Act § 301, and §§ 1983 and 2000e

People


Judge(s)

Johnson, Sterling Jr. (New York)

Pollak, Cheryl L. (New York)

Attorneys(s) for Plaintiff

McKenna, Jeremiah B. (New York)

Attorneys(s) for Defendant

Eisenstein, Harold (New York)

Jha, Mona (New York)

Smoler, Arlene R. (New York)

Steinberg, June I. (New York)

Judge(s)

Johnson, Sterling Jr. (New York)

Pollak, Cheryl L. (New York)

Attorneys(s) for Plaintiff

McKenna, Jeremiah B. (New York)

Attorneys(s) for Defendant

Eisenstein, Harold (New York)

Jha, Mona (New York)

Smoler, Arlene R. (New York)

Steinberg, June I. (New York)

Documents in the Clearinghouse

Document

Docket

March 30, 2004 Docket
89

Memorandum and Order (District Court)

TROWBRIDGE v. INSTITUTE FOR BASIC RESEARCH IN DEVELOPMENTAL DISABILITIES

2003 WL 21143086, 2003 U.S.Dist.LEXIS 25040

March 3, 2003 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed and summons(es) issued for Institute for Basic, NYS Dept of Mental H, NYS Dept of Civil Se, Henryk M. Wisniewski, Melvin Hicks, Peter Vietze, Public Employees Fed, Michael Fenko FILING FEE $ 150.00 RECEIPT # 206845 (Chow, Alice) (Entered: 05/13/1998)

May 11, 1998
2

AMENDED COMPLAINT CLASS ACTION by plaintiffs, (Answer due 6/6/98 for Michael Fenko, Public Employees Federation, AFL−CIO, Peter Vietze, Melvin Hicks, Henryk M. Wisniewski, NYS Dept of Civil Service, NYS Dept of Mental Health Hygiene and Institute for Basic Research in Developmental Disabilities) amending [1−1] complaint against Thomas A. Maul, Office of Mental Retardation and Developmental Disabilities, Jean S. Miller and George C. Sinnott. Galeano, Sonia (Entered: 05/28/1998)

May 27, 1998
3

RETURN OF SERVICE executed as to Melvin Hicks 6/11/98 Answer due on 7/1/98 for Melvin Hicks (Piper, Francine) (Entered: 07/01/1998)

June 29, 1998
4

RETURN OF SERVICE executed as to Institute for Basic 6/11/98 Answer due on 7/1/98 for Institute for Basic (Piper, Francine) (Entered: 07/01/1998)

June 29, 1998
5

RETURN OF SERVICE executed as to Michael Fenko 6/24/98 Answer due on 7/14/98 for Michael Fenko (Piper, Francine) (Entered: 07/01/1998)

June 29, 1998
6

ANSWER by Institute for Basic, NYS Dept of Civil Se, Henryk M. Wisniewski, Melvin Hicks, Peter Vietze, Thomas A. Maul, Office of Mental Ret, George C. Sinnott to amended complaint (Piper, Francine) (Entered: 07/29/1998)

July 28, 1998
7

LETTER dated 7/28/98 from Judith M. Young to Judge Johnson, Enclosing a courtesy copy of dft's answer to the amended complaint. (Piper, Francine) (Entered: 07/30/1998)

July 30, 1998
8

LETTER dated 7/27/98 from Harold Eisenstein to Jeremiah B. McKenna, Enclosing for service two copies of dfts Public Employees Federation, AFL−CIO and Michael D. Fenko's Motion to Dismiss Pltff's Amended Complaint. (Piper, Francine) (Entered: 08/05/1998)

Aug. 5, 1998
9

RETURN OF SERVICE executed as to Michael Fenko 6/24/98. Answer due 7/14/98 (Piper, Francine) (Entered: 08/18/1998)

Aug. 17, 1998
9

RETURN OF SERVICE executed as to Henryk M. Wisniewski 7/22/98. Answer due 8/11/98. (Piper, Francine) (Entered: 08/18/1998)

Aug. 17, 1998
10

LETTER dated 10/2/98 from Harold Eisenstein to Jeremiah B. McKenna, Enclosing a copy of dfts Public Employees Federation, AFL−CIO and Michael D. Fenko's reply memorandum of law in support of motion to dismiss pltff's amended complaint. (Piper, Francine) (Entered: 10/07/1998)

Oct. 7, 1998
11

MOTION by Public Employees Fed, Michael Fenko to dismiss the amended complaint . Motion hearing [11−1] motion . (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
12

MEMORANDUM OF LAW by Public Employees Fed, Michael Fenko in support of [11−1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
13

AFFIDAVIT of Harold Eisenstein Re: In support of [11−1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
14

MEMORANDUM OF LAW by Richard S. Trowbridge, Lucille Donadio, Richard Coriasco, Betty Jo Merritt, Patricia Brophy, Alex Zemcov, Michael Zembrower in answer to [11−1] motion dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
15

REPLY MEMORANDUM OF LAW by Public Employees Fed, Michael Fenko in support of [11−1] motion to dismiss the amended complaint (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
17

CERTIFICATE OF SERVICE by Maria A. Betor on 10/2/98 by regular mail of an affidavit by Harold Eisenstein and dft's Reply Memorandum of Law in Support of Motion to Dismiss upon Jeremiah B. McKenna, Esq. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
18

CERTIFICATE OF SERVICE by Maria A. Betor on 7/27/98 of the Motion to Dismiss pltff's complaint, Supporting Memorandum upon Jeremiah B. McKenna by First Class Mail. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
19

CERTIFICATE OF SERVICE by Maria A. Betor on 7/27/98 of the Motion to Dismiss plff's amended complaint and supporting memorandum of law upon Mona Jha Esq. by First Class Mail. (Piper, Francine) (Entered: 10/20/1998)

Oct. 15, 1998
20

STIPULATION and ORDER, the action is voluntarily dismissed without prejudice, as to the Fifth and Sixth Cause of Action against the dft Public Employees Federation, AFL−CIO and dft Michael Fenko without costs or attorney's fees to any party (signed by Judge Sterling Johnson Jr. 10/15/98) (Piper, Francine) (Entered: 10/20/1998)

Oct. 20, 1998
21

ORDER dated 11/25/98 an initial conference has been scheduled for 12/17/98 at 2:30 p.m. set status conference for 2:30 12/17/98 before Magistrate Cheryl L. Pollak ( signed by Magistrate Cheryl L. Pollak ) (c/m). (Gonzalez, Mary) (Entered: 11/27/1998)

Nov. 27, 1998
22

LETTER dated 12/3/98 from Harold Eisenstein to Mag. Pollak, Requesting that the 12/17/98 conference be postponed pending the outcome of dfts PEF and Fenko's motion to dismiss before Judge Johnson. (Piper, Francine) (Entered: 12/07/1998)

Dec. 7, 1998
23

LETTER dated 12/3/98 from Jeremiah B. McKenna to Mag. Pollak, Requesting an adjournment of the conference set for 12/17/98. (Piper, Francine) (Entered: 12/08/1998)

Dec. 8, 1998

Endorsed order, Conference adjourned pending decision on motion to dismiss. ( Signed by Magistrate Cheryl L. Pollak 12/4/98 ) (endorsed on letter, document #23) (Piper, Francine) (Entered: 12/08/1998)

Dec. 8, 1998
24

LETTER dated 4/29/1999 from HAROLD EISENSTEIN to SJ enclosing for Judge Johnson's consideration a recent Second Circuit decision, Vital v. Interfaith Medical Center. (Enclosure is attached to the letter.) [Letter and attachment were forwarded to SJ.] (Mackey, Donna) (Entered: 05/03/1999)

April 30, 1999
25

MEMORANDUM and ORDER, the complaint is dismissed but pltffs may file an amended complaint within 60 days with respect to the claims brought pursuant to Title VII and the ADEA against PEF and Fenko . ( signed by Judge Sterling Johnson Jr. , on 6/21/99) c/m (Piper, Francine) Modified on 06/24/1999 (Entered: 06/24/1999)

June 24, 1999
26

LETTER dated 7/29/99 from June Steinberg to Mag. Pollak, advising that this case has been reassigned to Steinberg. (Piper, Francine) (Entered: 08/04/1999)

Aug. 4, 1999
27

LETTER dated 7/29/99 from June Steinberg to Judge Johnson, advising that court that this case has been reassigned to June Steinberg. (Piper, Francine) (Entered: 08/06/1999)

Aug. 6, 1999
28

SECOND AMENDED COMPLAINT by Michael Zebrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge , (Answer due 9/3/99 for NYS Dept of Mental H, for NYS Dept of Civil Se, for Henryk M. Wisniewski, for Melvin Hicks, for Peter Vietze, for Public Employees Fed, for Michael Fenko, for Thomas A. Maul, for Office of Mental Ret, for Jean S. Miller, for George C. Sinnott ) amending [2−1] amended complaint against Institute for Basi (Piper, Francine) Modified on 08/25/1999 (Entered: 08/25/1999)

Aug. 24, 1999
29

ANSWER by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Peter Vietze to second amended complaint (Piper, Francine) (Entered: 09/28/1999)

Sept. 23, 1999
31

SCHEDULING ORDER; Setting Pretrial conference for 9:30 2/16/00 ; ( signed by Judge Sterling Johnson Jr. , on 11/16/99) (Piper, Francine) (Entered: 11/22/1999)

Nov. 22, 1999
32

MOTION by Michael Fenko, Public Employees Fed to dismiss pltff's second amended complaint , Motion hearing [32−1] motion (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
33

MEMORANDUM OF LAW by Michael Fenko, Public Employees Fed in support of [32−1] motion to dismiss pltff's second amended complaint. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
34

MEMORANDUM OF LAW by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge in answer to [32−1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
35

REPLY MEMORANDUM OF LAW by Michael Fenko, Public Employees Fed in support of [2−1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
36

ANSWERING AFFIDAVIT by Richard S. Trowbridge to [32−1] motion to dismiss pltff's second amended complaint (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
37

Exhibit J, Exhibit k, Exhibit L (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
38

CERTIFICATE OF SERVICE by Steven M. Klein, Re: Reply Memorandum of Law in Support of Motion to Dismiss Pltff's Second Amended Complaint upon Arlene R. Smoler, Esq on 1/31/00 by regular mail. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
39

CERTIFICATE OF SERVICE by Steven M. Klein, Re: Reply Memorandum of Law in Support of The motion to dismiss second amended complaint upon Jeremiah B. McKenna by regular mail on 1/31/00. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
40

AFFIDAVIT OF SERVICE BY MAIL by Christine M. Yusko Re: [32−1] motion to dismiss pltff's second amended complaint, [33−1] support memorandum upon Jeremiah B. Mckenna on 9/23/99. (Piper, Francine) Modified on 02/08/2000 (Entered: 02/08/2000)

Feb. 2, 2000
41

AFFIDAVIT OF SERVICE by Mail by Christine M. Yusko Re: [32−1] motion to dismiss pltff's second amended complaint, [33−1] support memorandum upon Hon. Eliot Spizer on 9/24/99. (Piper, Francine) (Entered: 02/08/2000)

Feb. 2, 2000
42

LETTER dated 1/31/00 from Harold Eisenstein to Judge Johnson, requesting that the court waive the rule and allow an additional three pages in dfts Public Employees Federation and Michael Fenko Reply Memorandum of Law. (Piper, Francine) (Entered: 02/23/2000)

Feb. 23, 2000

Endorsed order, Dft's Public Employees Federation and Michael Fenko are granted permission to file an additional three pages in their reply memorandum of law. ( Signed by Judge Sterling Johnson Jr. , on 2/3/00) (endorsed on letter, document #42) (Piper, Francine) (Entered: 02/23/2000)

Feb. 23, 2000
43

LETTER dated 2/14/00 from Jeremiah B. McKenna to Judge Johnson, advising that the conference set for 2/16/00 has been adjourned to 3/8/00 at 9:30. (Piper, Francine) (Entered: 02/23/2000)

Feb. 23, 2000
44

Calendar entry:, Before Judge Johnson on 3/8/00 for a Pretrial Conference. Dft to file motion to dismiss by 4/14/00. Response 5/15/00. Set Pretrial Conference for 9:30 6/15/00 before Judge Sterling Johnson Jr. . (Piper, Francine) (Entered: 03/10/2000)

March 8, 2000
49

MOTION by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze to dismiss complaint . Motion hearing [49−1] motion set for 6/15/00 at 9:30 . Motion file stamped: 7/20/00 and mailed/served: 4/14/00 (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000
50

MEMORANDUM OF LAW by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze in support of [49−1] motion to dismiss complaint (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000
51

MEMORANDUM OF LAW by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille C. Donadio, Richard S. Trowbridge in opposition to [49−1] motion to dismiss complaint (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000
52

REPLY MEMORANDUM OF LAW by Institute for Basi, Thomas A. Maul, Office of Mental Ret, George C. Sinnott, NYS Dept of Civil Se, Melvin Hicks, Peter Vietze in support [49−1] motion to dismiss complaint. (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000
53

ANSWERING AFFIDAVIT of Jeremiah B. McKenna in support of pltff's answer to the motion to dismiss the second amended complaint (Piper, Francine) (Entered: 07/28/2000)

April 14, 2000
46

ENDORSED ORDER granting an extension of time for plaintiff to answer the public defendant's motion to dismiss. Plaintiff's answer due 5/30/00. Submission of Attorney General's reply due 6/19/00. Motion conference adjourned to 6/29/00 before Judge Sterling Johnson Jr. ; Assistant Attorney General Stern will be engaged 6/15/00 ( signed by Judge Sterling Johnson , on 5/25/00). See letter dated 5/23/00 from Jeremiah McKenna, Esq., to August Marziliano, Law Clerk to Judge Johnson. (Rodriguez,Angela) (Entered: 05/31/2000)

May 31, 2000
47

Calendar entry: Before Judge Johnson on 6/29/00 for a Status Conference. Only counsel for dft appears. Counsel for pltff does not appear. Case to be re−called in the afternoon. Further Status Conference 9/15/00 at 9:30. (Piper, Francine) (Entered: 07/05/2000)

June 29, 2000
48

LETTER dated 7/7/00 from Jermiah B. McKenna to Leonard A. Cohen, confirming that pltffs time to file their answer to dft's motion to dismiss is extended to 7/10/00 and dft's reply is extended to 7/17/00. (Piper, Francine) (Entered: 07/13/2000)

July 13, 2000
54

LETTER dated 5/30/00 from Jeremiah B. McKenna to Judge Johnson, pltff's request that before they are required to submit an answer to the public dfts motion to dismiss their complaint, that the court direct that a conference be held to discuss the attorney general's representation of and reliance on the testimony and statements of Melvin Hicks. (Piper, Francine) (Entered: 07/28/2000)

July 28, 2000
55

LETTER dated 7/12/00 from Leonard Cohen to Judge Johnson, requesting permission to file the state dft's moving papers without any opposition. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000
56

LETTER dated 4/14/00 from Leonard Cohen to Jeremiah Mckenna, enclosing copies of the moving dft's motion to dismiss and memorandum of law in support. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000
57

LETTER dated 6/2/00 from Leonard Cohen to Judge Johnson, state dft's opposition to pltffs request to delay determination of the pending motion to dismiss. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000
58

LETTER dated 7/24/00 from Harold Eisenstein to Judge Johnson, requesting that the court not consider pltff's claims of breach of duty of fair represenation and ADEA violations against dfts PEF and Fenko and requesting that the court grant the motion for an order dismissing pltff's second amended complaint. (Piper, Francine) (Entered: 08/03/2000)

Aug. 3, 2000
59

TRANSCRIPT of Proceedings before Judge Johnson filed for dates of 3/8/00. Jeremiah McKenna for Pltff; Lynette Philips for Dft; Court Reporter, Holly Driscoll. (Piper, Francine) (Entered: 08/04/2000)

Aug. 4, 2000
60

Calendar entry: Before Judge Johnson on 9/15/00 or a Pretrial Conference. Motion to be decided by next appearance. Pretrial Conference 10/20/00 at 9:30. (Piper, Francine) (Entered: 09/19/2000)

Sept. 15, 2000

Deadline updated; set pretrial conference for 9:30 10/20/00 before Judge Sterling Johnson Jr. (Piper, Francine) (Entered: 09/19/2000)

Sept. 15, 2000
63

Calendar entry: Before Judge Johnson on 10/20/00 for a Telephone Conference. Dft's motion to dismiss (second amended complaint) granted. Dismissed as to union dfts. Pretrial Conference 1/24/01 at 9:30. (Piper, Francine) (Entered: 10/26/2000)

Oct. 20, 2000
61

TRANSCRIPT filed of telephone conference and decision before Judge Johnson for dates of 10/20/00 at 9:30a.m. CR Sheldon Silverman. (Dobkin, David) (Entered: 10/23/2000)

Oct. 23, 2000
62

LETTER dated 10/20/00 from Leonard A. Cohen to Judge Johnson, enclosing additional courtesy copies of all papers relating to the motion of the State Dfts to dismiss the second amended complaint in its entirety. (Piper, Francine) (Entered: 10/25/2000)

Oct. 25, 2000
64

ORDER, granting dft's Public Employees Federation, AFL−CIO, and Michael Fenko's [32−1] motion to dismiss pltff's second amended complaint. ( signed by Judge Sterling Johnson Jr. , on 10/24/00) c/m (Piper, Francine) (Entered: 10/27/2000)

Oct. 27, 2000
66

Calendar entry: Before Judge Johnson on 1/24/01 for a Conference. Decision read on the record. Pltff's Title VII claim is dismissed. Dft's motion to dismiss is granted. (Piper, Francine) (Entered: 02/09/2001)

Jan. 24, 2001
65

ORDER, granting [49−1] motion to dismiss complaint. ( signed by Judge Sterling Johnson Jr. , on 1/25/01) c/m (sent to pro se for judgment) (Piper, Francine) (Entered: 01/31/2001)

Jan. 31, 2001
67

TRANSCRIPT of Status Conference/Decision before Judge Johnson dated 1/24/01. Jeremiah McKenna for the plaintiff; No appearance for dft. Court Reporter, Sheldon Silverman. (Piper, Francine) (Entered: 02/22/2001)

Feb. 22, 2001
68

MAIL RETURNED #65 returned on 2/7/01. Mailed to Leonard Cohen, Envelope Stamped, Return to Sender, Addressee Unknown. (Piper, Francine) (Entered: 03/14/2001)

March 14, 2001
69

LETTER dated 2/28/01 from Leonard A. Cohen to Judge Johnson, state dfts request that the dismissal order be amended to include the dismissal of all claims against the NYS Dept of Mental Hygiene, Jean S. Miller and Henry M. Wisniewski. (Piper, Francine) (Entered: 04/09/2001)

April 9, 2001
70

ORDER, the Second Amended Complaint is dismissed as to the remaining dfts. ( signed by Judge Sterling Johnson Jr. , on 4/4/01) (sent to pro se for judgment) (Piper, Francine) (Entered: 04/09/2001)

April 9, 2001
72

NOTICE OF APPEAL by attorney for Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge Fee Paid $ 105.00 Receipt # 245129 [71−1] judgment order, [70−1] order, [65−1] order. Affidavit of service dtd 4/13/01 attached. (McGee, Maryann) Modified on 04/18/2001 (Entered: 04/13/2001)

April 9, 2001
71

JUDGMENT, that plaintiffs take nothing of the dfts, and the remaining dfts, NYS Dept of Mental Hygiene, Jean S. Miller, and Henry Wisniewski's request to dismiss the second amended complaint is granted. (Signed by Robert C. Heinemann on 4/9/01) c/m (Mag. Pollak Notified) , (Piper, Francine) (Entered: 04/11/2001)

April 11, 2001

Certified copy of docket sheet sent to USCA. [72−1] appeal (McGee, Maryann) (Entered: 04/13/2001)

April 13, 2001
73

USCA Scheduling Order: [72−1] appeal Appeal record due by 6/28/01 . USCA Number: 01−7429 Appellant's brief due 7/5/01. Appellee's brief due 8/6/01. Argument set for 9/17/01. (Gonzalez, Mary) (Entered: 06/06/2001)

June 6, 2001
74

MANDATE OF USCA (certified copy) Re: [72−1] appeal dismissed. Certified by USCA on 6/6/01. USCA's No. is 01−7449. Copy sent to Judge Johnson &to USCA. (Vaughn, Terry) (Entered: 06/12/2001)

June 12, 2001
75

USCA Scheduling Order:Index to record due 6/28/01 Appellant's brief due 7/5/01. Appellee's brief due 8/6/01. Argument set for 9/17/01. USCA# 01−7429.a (Vasquez, Liz) (Entered: 06/27/2001)

June 21, 2001

Certified and transmitted INDEX on appeal to U.S. Court of Appeals. USCA#01−7429. Acknowledgment requested. (McGee, Maryann) (Entered: 06/28/2001)

June 26, 2001
76

Acknowledgment from USCA received. Acknowledgment signed on 7/2/01. USCA# 01−7429. (Vasquez, Liz) (Entered: 07/13/2001)

July 13, 2001

Record on Appeal that was prepared and kept in the CV/CR cabinet is being returned to the file section. (Drayton, Lorraine) (Entered: 07/20/2001)

July 20, 2001
77

MANDATE OF USCA (certified copy) Re: dismissed, scheduling default. C/A#01−7429. Judge notified. Ackn. mailed. (Glenn, Marilyn) Modified on 08/08/2001 (Entered: 08/08/2001)

Aug. 6, 2001
78

LETTER dated 4/11/02 from Jeremiah B. McKenna,Esq. to The Attorney General of the State of New York enclosing copies of Pltf's motion to vacate orders and judgement of 4/11/01 and copies of Pltf's Memorandum oflaw in support of their motion. (enclosures not attached) (Fernandez, Erica) (Entered: 04/17/2002)

April 17, 2002
79

ORDER, granting dfts.' request to extend time to respond to pltf.'s motion from 4/30/02 to 5/14/02 . (Signed by Judge Sterling Johnson Jr. on 4/29/02). Endorsed on letter dated 4/25/02 from Leonard A. Cohen to Judge Johnson. (Reddy, Lisa) (Entered: 05/01/2002)

May 1, 2002
80

LETTER dated 5/14/02 from Leonard A. Cohen, Esq. to Jeremiah B. McKenna, Esq. enclosing deft's memorandum of law in opposition to pltf's motion pursuant to Rule 60(b); and Affidavit of Leonard A. Cohen in opposition to pltf's motion. (enclosures not attached) (Fernandez, Erica) (Entered: 05/28/2002)

May 28, 2002
82

MOTION by pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Donadio, S. Trowbridge to vacate [71−1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts . (Exhibits A−J attached). Motion file stamped: 5/29/02. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002

Text not available. (Entered: 06/10/2002)

May 29, 2002
83

MEMORANDUM by Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Donadio, Richard S. Trowbridge in support of [82−1] motion to vacate [71−1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002
84

MEMORANDUM by George C. Sinnott, Office of Mental Ret, Thomas A. Maul, Peter Vietze, Melvin Hicks, NYS Dept of Civil Se, Institute for Basi in opposition to [82−1] motion to vacate [71−1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002
86

REPLY MEMORANDUM OF LAW by Pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Donadio, Richard S. Trowbridge, Institute for Basi in further support of [82−1] motion to vacate [71−1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002
87

AFFIRMATION IN REPLY TO STATE DEFT'S ANSWER TO PLTF'S MOTION TO VACATE JUDGMENT by Pltfs Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge, Institute for Basi Re: [82−1] to vacate [71−1] judgment order entered in this action on 4/11/01 pursuant to FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts. (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002
88

LETTER dated 5/27/02 from Jeremiah B. McKenna, Esq. to Clerk of the Court enclosing Notice of Motion and supporting papers. (enclosures not attached) (Fernandez, Erica) (Entered: 06/10/2002)

May 29, 2002
81

ORDER: request granted; for an extension of time until 5/27/02 to reply to the State deft's Oppostion . Signed by Judge Sterling Johnson Jr. , undated. (See letter dated 5/16/02 from Jeremiah B. McKenna, Esq.) (Fernandez, Erica) (Entered: 05/31/2002)

May 31, 2002
89

MEMORANDUM and ORDER denying [82−1] motion to vacate [71−1] judgment order entered in this action on 4/11/01 pursuant FRCP Rule 60(b) on the following grounds: 1)Material newly discovered evidence ; 2)Fraud, Mispresentation and misconduct on the part of State defts; The Clerk of the Court is directed to enter judgment for the defts and to close the case. Signed by Judge Sterling Johnson Jr. , on 3/3/03. c/m by chambers (3 certified copies fwd to Judge Johnson) (Fernandez, Erica) (Entered: 03/14/2003)

March 14, 2003
90

NOTICE OF APPEAL by attorney for Michael Zembrower, Alex Zemcov, Patricia Brophy, Betty Jo Merritt, Richard Coriasco, Lucille Richard S. Trowbridge Fee Paid $ 105.00 Receipt # 275264 [89−1] order. Affidavit of service attched. Forms C and D mailed to Jeremiah B. McKenna, 19 Brentwood Avenue, Staten Island, NY. 10301. (McGee, Maryann) (Entered: 04/04/2003)

April 1, 2003

Certified and Transmitted (INDEX) Record on Appeal to US Court of Appeals re 90 Notice of Appeal,, 72 Notice of Appeal, (Gonzalez, Mary) (Entered: 06/17/2003)

June 17, 2003
91

Acknowledgment from USCA received re: 90 Appeal. Acknowledgment signed EA on 6/20/03. (Drayton, Lorraine) (Entered: 06/26/2003)

June 17, 2003
92

USCA Scheduling Order as to 90 Notice of Appeal: Appeal Record, a certified copy of the docket entries, and the clerk's certificate due by 8/15/2003. The appellant's brief and the joint appendix due by 8/22/2003. The brief of the appellee due by 9/22/2003. The argument of the appeal shall be heard no earlier than the week of 11/3/2003. USCA#03−7339.(Delions, Aaron) (Entered: 08/07/2003)

July 24, 2003
93

MANDATE of USCA : Ordered that the District Court's order of 3/3/03 is AFFIRMED and that the judgment of the District Court is AFFIRMED. USCA No. 03−7339. Copy to Judge Johnson and M.J. Pollak. (Vaughn, Terry) (Entered: 03/30/2004)

March 30, 2004