Case: Jovanovic v. City of New York

1:04-cv-08437 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 28, 2004

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 28, 2004, an instructor of microbiology and immunology at Columbia University filed a lawsuit in the U.S. District Court for the Southern District of New York against the City of New York under 42 U.S.C. §1983. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that he was denied his constitutional due process right to a fair trial and was unlawfully incarcerated for 20 months due to the practices and policies of the City o…

On October 28, 2004, an instructor of microbiology and immunology at Columbia University filed a lawsuit in the U.S. District Court for the Southern District of New York against the City of New York under 42 U.S.C. §1983. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, alleging that he was denied his constitutional due process right to a fair trial and was unlawfully incarcerated for 20 months due to the practices and policies of the City of New York as implemented by the New York Police Department and the New York County District Attorney's Office.

This case originated with a claim of sexual assault against the plaintiff, who was at that time a doctoral student at Columbia University. The victim, an undergraduate student at Barnard College, alleged that the plaintiff assaulted her for nearly twenty hours, stating that she had been tied up, violently raped and sodomized, beaten multiple times with a club, burned with candle wax and repeatedly gagged. A Grand Jury indicted the plaintiff on December 19, 1996 and at trial, a jury found the plaintiff guilty of kidnapping, assault and sexual assault. He was sentenced on May 29, 1998 to fifteen years to life in prison.

On appeal, the Appellate Division, First Department, of the New York Supreme Court vacated the conviction due to errors in the trial court regarding the judge's application of rape-shield law. See People v. Jovanovic, 700 N.Y.S.2d 156 (1st Dept 1999). This led to a reversal of the plaintiff's conviction in December, 1999 and a remand for a new trial. On November 1, 2001 the state dismissed all charges against the plaintiff after the victim refused to testify.

On October 28, 2004, the plaintiff filed suit under 42 U.S.C §1983 and 42 U.S.C §1988, seeking $20 million dollars in damages plus attorney's fees. Specifically, the plaintiff stated multiple claims against a New York Police Department Detective for false arrest, malicious prosecution, malicious abuse of process, and denial of a fair trial. The plaintiff also claimed that the Assistant District Attorney (ADA) assigned to the case deprived the plaintiff of his right to a fair trial. Lastly, the plaintiff claimed that the City of New York maintained policies and customs that gave rise to the violation of the plaintiff's constitutional rights.

On December 21, 2009, defendants moved for summary judgment on all of the plaintiff's claims. Critical to the plaintiff's claims against the NYPD Detective was the plaintiff's allegation that the Detective fabricated evidence regarding the presence of candles in the plaintiff's apartment and that this false information unfairly influenced the jury, depriving the plaintiff of his right to a fair trial.

The District Court found that the Detective's allegedly false testimony could not, by itself, have resulted in the deprivation of the plaintiff's liberty because it was material to only one of the eleven charges against him. Additionally, probable cause is a complete defense to malicious prosecution and malicious abuse of process claims under New York law. Because a Grand Jury indictment creates a presumption of probable cause that the plaintiff failed to rebut, the District Court granted summary judgment to the defendant on both these claims.

The plaintiff also alleged that the Assistant District Attorney assigned to his criminal trial made extrajudicial statements that violated the ADA's ethical responsibilities and deprived the plaintiff of a fair trial. Although the plaintiff demonstrated that the ADA did make statements to the press, he failed to show that any juror was prejudiced by the ensuing news coverage. Accordingly, the District Court held that no reasonable juror could find that the plaintiff had been deprived of his right to a fair trial.

The plaintiff also sought to hold the New York District Attorney's Office and the New York Police Department liable for the allegedly unconstitutional acts of its agents. The plaintiff claimed that these municipal entities had official policies or customs of making inflammatory statements to the press that were prejudicial against defendants, which deprived them of their constitutional right to a fair trial. While the plaintiff had examples of such improper leaks in the instant case, the District Court found that the plaintiff failed to provide evidence that would adequately prove a policy or custom of the agencies in question.

On September 28, 2012, the District Court (Judge Paul A. Crotty) ruled in favor of the defendants, and granted their motion for summary judgment in its entirety. The plaintiff appealed the decision to the U.S. Court of Appeals for the Second Circuit, which on August 28, 2012, affirmed the District Court's grant of summary judgment.

Summary Authors

Kayla Arslanian (2/21/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4328472/parties/jovanovic-v-city-of-new-york/


Judge(s)

Crotty, Paul Austin (New York)

Jacobs, Dennis G. (New York)

Walker, John Mercer Jr. (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Greenberger, Debra L. (New York)

Norinsberg, Jon Louis (New York)

Attorneys(s) for Defendant

Larkin, Arthur G. III (New York)

Maxey, Brian G. (Washington)

Scheiner, Alan H. (New York)

Judge(s)

Crotty, Paul Austin (New York)

Jacobs, Dennis G. (New York)

Walker, John Mercer Jr. (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Greenberger, Debra L. (New York)

Norinsberg, Jon Louis (New York)

Attorneys(s) for Defendant

Larkin, Arthur G. III (New York)

Maxey, Brian G. (Washington)

Scheiner, Alan H. (New York)

Other Attorney(s)

Cardozo, Michael A. (New York)

Griffin, Karen M. (New York)

White, Diarmuid (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 28, 2012 Docket
1

Complaint

Oct. 28, 2004 Complaint
40

Amended Complaint

Sept. 18, 2006 Complaint
124

Order

2010 WL 8500283

Sept. 28, 2010 Order/Opinion
128

Mandate

U. S. Court of Appeals for the Second Circuit

486 Fed.Appx. 149

Aug. 28, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328472/jovanovic-v-city-of-new-york/

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

ECF Number Description Date Link
1

COMPLAINT against Milton Bonilla, City of New York, Linda Fairstein, Gail Heatherly. (Filing Fee $ 150.00, Receipt Number 524659)Document filed by Oliver Jovanovic.(gf, ) (Entered: 10/28/2004)

Oct. 28, 2004 RECAP
2

AFFIDAVIT OF SERVICE. City of New York served on 10/28/2004, answer due 11/17/2004. Service was accepted by Madelyn Santana, Clerk authorized to accept service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)

Nov. 2, 2004 PACER
3

AFFIDAVIT OF SERVICE. Milton Bonilla served on 10/29/2004, answer due 11/18/2004. Service was accepted by Det. Lane. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)

Nov. 2, 2004 PACER
4

AFFIDAVIT OF SERVICE. Linda Fairstein served on 10/28/2004, answer due 11/17/2004. Service was accepted by Sara NIcole Doris, co-worker authorized to accept service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)

Nov. 2, 2004 PACER
5

AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)

Nov. 2, 2004 PACER
6

AFFIDAVIT OF SERVICE. Gail Heatherly served on 10/28/2004, answer due 11/17/2004. Service was accepted by Sara Nicole Doris, co-worker authorized to accept service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)

Nov. 2, 2004 PACER
7

AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/02/2004)

Nov. 2, 2004 PACER
10

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah Bynon dated 11/17/04 re: counsel for dft City of New York requests a 60 day extension of time to answer or therwise respond to the complaint until 1/18/05. Application granted. Dft's time to answer or otherwise respond to the complaint is extended to 1/18/05. So Ordered. (Signed by Judge Richard C. Casey on 11/18/04) (dle, ) (Entered: 12/20/2004)

Nov. 19, 2004 PACER
8

ENDORSED LETTER addressed to Judge Richard C. Casey from Michael Morgan dated 11/22/04 re: counsel for dfts requests a sixty day extension of the original deadline to answer o otherwise respond to the complaint until 1/17/05. Application granted. Time to respond extended to 1/17/05. (Signed by Judge Richard C. Casey on 11/29/04) (dle, ) (Entered: 11/30/2004)

Nov. 30, 2004 PACER
9

ENDORSED LETTER addressed to Judge Richard C. Casey from Michael Morgan dated 11/22/04 re: counsel for dfts requests an extension of time to answer or otherwise respond to the complaint on behalf of ADA Heatherly. Application granted. Time to respond extended to 1/17/05. (Signed by Judge Richard C. Casey on 11/29/04) (dle, ) (Entered: 12/03/2004)

Nov. 30, 2004 PACER
11

WITHDRAWAL OF CLAIM. Document filed by Gail Heatherly. (Morgan, Michael) (Entered: 01/18/2005)

Jan. 18, 2005 PACER
12

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah Bynon dated 1/13/05 re: counsel for dfts requests an extension of time until 3/18/05 to submit their response to plaintiff's complaint. The court will resolve this issue at a conference scheduled for 1/21/05 in courtroom 14C at 9:30 a.m. (The date the answer will be due will be determined at the conference) So Ordered. (Signed by Judge Richard C. Casey on 1/18/05) (dle, ) (Entered: 01/20/2005)

Jan. 18, 2005 PACER
13

ENDORSED LETTER addressed to Hon. Richard C. Casey from Leah A. Bynon dated 1/13/05 re: request for an extension of time to submit their response to plaintiff's complaint. The Court will resolve this issue at a conference scheduled for Friday, 1/21/05, in Courtroom 14C at 9:30 a.m. (the date the answer will be due will be determined at the conference) (Signed by Judge Richard C. Casey on 1/18/05) (yv, ) (Entered: 01/20/2005)

Jan. 18, 2005 PACER
14

AFFIDAVIT OF SERVICE. Milton Bonilla served on 1/20/2005, answer due 2/9/2005. Service was accepted by LT. Daniel Albano, Civil Attorney Authorized to Accept Service. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 01/20/2005)

Jan. 20, 2005 PACER
15

CASE MANAGEMENT PLAN: Amended Pleadings due by 3/4/2005. Discovery due by 7/21/2005. Case Management Conference set for 7/22/2005 09:30 AM before Judge Richard C. Casey; first request for production of documents to be served by 4/4/05; interrogatories to be served by 4/4/05; depositions to be completed by 7/21/05; experts are to be designated by 5/30/05; experts' reports exchanged no later than 5/30/05; requests to admit are to be served no later than 6/30/05. (Signed by Judge Richard C. Casey on 1/21/05) (dle, ) (Entered: 01/24/2005)

Jan. 24, 2005 PACER
16

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 3/3/05 re: Counsel for City of New York write jointly to request an adjournment of the 3/4/05 conference. Application granted in part. The 3/4/05 conference is canceled. A pre-motion conference (to set a briefing schedule) will be required before defendants may file a 12(c) motion. Defendant's time to answer is extended to 3/23/05. So Ordered. (Signed by Judge Richard C. Casey on 3/4/05) (jco, ) (Entered: 03/11/2005)

March 4, 2005 PACER
17

ENDORSED LETTER addressed to Judge Casey from Leah A. Bynon dated 03/23/05 re: granting counsel's application for an extension of time to file that answer to complaint until Monday, March 28, 2005. (Signed by Judge Richard C. Casey on 3/23/05) (djc, ) (Entered: 03/25/2005)

March 24, 2005 PACER
18

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 3/28/05, City of New York answer due 4/1/2005; Milton Bonilla answer due 4/1/2005; Linda Fairstein answer due 4/1/2005; Gail Heatherly answer due 4/1/2005. (Signed by Judge Richard C. Casey on 3/28/05) (sac, ) (Entered: 03/31/2005)

March 30, 2005 PACER
19

ANSWER to Complaint with JURY DEMAND. Document filed by City of New York, Milton Bonilla, Linda Fairstein.(Bynon, Leah) (Entered: 04/05/2005)

April 5, 2005 PACER
20

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 5/27/05 re: a premotion conference is hereby scheduled for 6/24/05 at 9:30 a.m. in Courtroom 14C. (Signed by Judge Richard C. Casey on 5/31/05) (db, ) (Entered: 06/01/2005)

May 31, 2005 PACER
21

ENDORSED LETTER addressed to Judge Casey from Leah A. Bynon dated 7/3/05 re: Application granted. Motion to be served July 28, 2005; Opposition to be served August 28, 2005; Reply due September 6, 2005. (Signed by Judge Richard C. Casey on 7/6/05) (djc, ) (Entered: 07/08/2005)

July 7, 2005 PACER
22

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 7/22/05 re: Application GRANTED. Defendants motion due 8/18/05; Plaintiffs opposition dus 9/28/05; Defendants reply due 10/5/05. (Signed by Judge Richard C. Casey on 7/25/05) (db, ) (Entered: 07/26/2005)

July 25, 2005 PACER
23

ENDORSED LETTER addressed to Judge Richard C. Casey from Leah A. Bynon dated 8/16/05 re: Application granted; dfts motion due 9/1/05; plaintiff's reply due 10/14/05; dfts reply due 10/21/05; conference scheduled for Thrusday, 9/8/05 @1:00 a.m.. (Signed by Judge Richard C. Casey on 8/16/05) (pl, ) Modified on 8/17/2005 (pl, ). (Entered: 08/17/2005)

Aug. 16, 2005 PACER
24

ENDORSED LETTER addressed to Judge Casey from Leah A. Bynon dated 8/30/05 re: defendant requests an additional 10 pages for defendants' memorandum of law in support of their motion to dismiss. Application denied.. (Signed by Judge Richard C. Casey on 8/30/05) (djc, ) (Entered: 08/31/2005)

Aug. 30, 2005 PACER
25

NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Richard C. Casey no longer assigned to the case. (laq, ) (Entered: 09/14/2005)

Sept. 8, 2005 PACER
26

ENDORSED LETTER: Defendants request a 2 week extension until 11/04/05 to submit their reply papers. ENDORSEMENT: Defendants' time to respond is extended to 11/04/05. So Ordered. (Signed by Judge Paul A. Crotty on 10/21/2005) (mov, ) (Entered: 10/21/2005)

Oct. 21, 2005 PACER
27

ENDORSED LETTER addressed to Judge Crotty from Leah A. Bynon dated 10/31/2005 re: Defendants respectfully request an additional one week extention of time to reply until November 11, 2005.ENDORSEMENT: The City defendants' time to file reply papers is extended to November 11, 2005. (Signed by Judge Paul A. Crotty on 11/01/2005) (mov, ) (Entered: 11/01/2005)

Nov. 1, 2005 PACER
28

ENDORSED LETTER addressed to Judge Crotty from Leah A. Bynon dated 11/09/2005 re: Defendants request an additional one week extension of time to reply until November 18, 2005.ENDORSEMENT: Defendants time to respond is extended to November 23, 2005. So Ordered (Signed by Judge Paul A. Crotty on 11/10/2005) (mov, ) (Entered: 11/10/2005)

Nov. 10, 2005 PACER
29

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Pursuant to Rule 12(c). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Affidavit Notice of Motion, Declaration and Exhibits (Part I)# 2 Exhibit Exhibits to Declaration (Part II))(Scheiner, Alan) Modified on 12/1/2005 (kg, ). (Entered: 11/23/2005)

2 Affidavit Notice of Motion, Declaration and Exhibits (Part I)

View on PACER

3 Exhibit Exhibits to Declaration (Part II)

View on PACER

Nov. 23, 2005 PACER
30

FIRST REPLY MEMORANDUM OF LAW in Support re: 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c).. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 11/23/2005)

Nov. 23, 2005 PACER
31

FIRST MEMORANDUM OF LAW in Opposition re: 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c).. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 11/28/2005)

Nov. 28, 2005 PACER
32

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c) Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Exhibit Part 2 of Supporting Declaration and Exhibits of Leah Bynon Attached to Notice of Motion)(Scheiner, Alan) Modified on 12/8/2005 (kg). (Entered: 12/02/2005)

2 Exhibit Part 2 of Supporting Declaration and Exhibits of Leah Bynon Attached to

View on PACER

Dec. 2, 2005 PACER
33

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss (Memorandum of Law in Support of Motion Pursuant to Rule 12(c). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) Modified on 12/8/2005 (kg). (Entered: 12/02/2005)

Dec. 2, 2005 PACER
34

FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 12/13/2005)

Dec. 13, 2005 PACER
35

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss (Memorandum in Support). Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) Modified on 12/29/2005 (kw, ). (Entered: 12/13/2005)

Dec. 13, 2005 PACER
36

AFFIDAVIT of Leah Bynon in Support re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c)., 35 FIRST MOTION to Dismiss Memorandum in Support.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Exhibit Part 2 of Exhibits to Declaration of Leah Bynon)(Scheiner, Alan) (Entered: 12/13/2005)

2 Exhibit Part 2 of Exhibits to Declaration of Leah Bynon

View on PACER

Dec. 13, 2005 PACER
37

FIRST MEMORANDUM OF LAW in Support re: 33 FIRST MOTION to Dismiss --Memorandum of Law in Support of Motion Pursuant to Rule 12(c)., 29 FIRST MOTION to Dismiss Pursuant to Rule 12(c)., 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c)., 32 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c)., 35 FIRST MOTION to Dismiss Memorandum in Support.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 01/10/2006)

Jan. 10, 2006 PACER
38

TRANSCRIPT of proceedings held on 1/20/2006 before Judge Paul A. Crotty. (jmi, ) (Entered: 08/15/2006)

Aug. 15, 2006 PACER
39

MEMORANDUM AND OPINION AND ORDER The Court denies defendants' motion for judgment on the pleadings as to plaintiff's claims for false arrest, malicious prosecution and denial of a right to fair trial against Bonilla and his claim for denial of a fair against Fairstein. The Court grants judgment on the pleadings in favor of Bonilla on plaintiff's claim for malicious abuse of process, without prejudice to repleading the third element of the claim. So Ordered. (Signed by Judge Paul A. Crotty on 8/17/06) (jco, ) (Entered: 08/21/2006)

Aug. 17, 2006 RECAP
40

AMENDED COMPLAINT amending 1 Complaint against City of New York, Milton Bonilla, Linda Fairstein, Gail Heatherly.Document filed by Oliver Jovanovic. Related document: 1 Complaint filed by Oliver Jovanovic.(db, ) Additional attachment(s) added on 9/20/2006 (db, ). (Entered: 09/19/2006)

Sept. 18, 2006 PACER
41

AFFIDAVIT OF SERVICE. City of New York served on 9/20/2006, answer due 10/10/2006. Service was accepted by Madelyn Santana, Clerk Authorized to Accept. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 09/27/2006)

Sept. 27, 2006 PACER
42

ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 10/4/2006 re: request that the Court extend the time for the City to respond to the amended complaint from 10/2/2006 to 11/20/2006. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Paul A. Crotty on 10/11/2006) (lb, ) (Entered: 10/16/2006)

Oct. 11, 2006 PACER
43

ANSWER to Amended Complaint. Document filed by City of New York, Milton Bonilla, Linda Fairstein, Gail Heatherly.(Hazan, David) (Entered: 11/17/2006)

Nov. 17, 2006 PACER
44

CASE MANAGEMENT PLAN: Discovery due by 5/29/2007. Case Management Conference set for 4/19/2007 03:00 PM before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 12/8/2006) (jmi, ) (Entered: 12/11/2006)

Dec. 8, 2006 PACER
45

ENDORSED LETTER addressed to Judge Crotty from Alan H. Scheiner (03/01/2007) and Jon Norinsberg Letter (dated 03/05/2007) re: Request for a pre-motion conference in order to move for Reconsideration. ENDORSEMENT: The Court has reviewed this letter and plaintiffs letter of March 5, 2007 in opposition. There is no need for a promotion conference, and defendants may move for reconsideration of the Courts August 2006 order in light of Wallace v. Kato. The Court is particularly interested in the parties views as to claims are subject to Wallace v Kato and which claims, if any survive. The parties should meet and confer on an appropriate schedule for submission to the Court. So Ordered. (Signed by Judge Paul A. Crotty on 03/07/2007) (mov) (Entered: 03/08/2007)

March 7, 2007 PACER
46

ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 3/15/07 re: Application GRANTED. Defendant's moving papers (reconsideration) due 4/9/07; plaintiff's opposition due 5/9/07; reply due 5/23/07. (Signed by Judge Paul A. Crotty on 3/15/07) (db) (Entered: 03/15/2007)

March 15, 2007 PACER
47

ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 4/2/2007 re: to respectfully request a one-week adjournment of the briefing schedule for the defendants' motion.Motions due by 4/16/2007.,Replies due by 5/30/2007.,Responses due by 5/16/2007ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/2/2007) (jmi) (Entered: 04/03/2007)

April 2, 2007 PACER
48

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - SECOND MOTION for Extension of Time to File Response/Reply (Letter requesting adjournment of time). Document filed by Oliver Jovanovic. Return Date set for 5/16/2007 05:00 PM.(Norinsberg, Jon) Modified on 5/10/2007 (KA). (Entered: 05/09/2007)

May 9, 2007 PACER
49

ENDORSED LETTER addressed to Judge Paul A. Crotty from Jon L. Norinsberg dated 5/8/2007 re: request a two-week adjournment of plt's deadline to respond to defts' motion for reconsideration, which is currently due on 5/16/2007. Endorsement: Application Granted. SO ORDERED. Plt's Responses due by 6/1/2007. Deft's Reply due by 6/18/2007. (Signed by Judge Paul A. Crotty on 5/9/2007) (jar) (Entered: 05/10/2007)

May 9, 2007 PACER
50

SECOND MOTION for Extension of Time to File Response/Reply. Document filed by Oliver Jovanovic.Return Date set for 6/1/2007 05:00 PM.(Norinsberg, Jon) (Entered: 05/29/2007)

May 29, 2007 PACER
51

ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 5/31/07 re: joint application for a stay of discovery during the pendency of the current motion for reconsideration. } Application GRANTED. (Signed by Judge Paul A. Crotty on 5/31/07) (db) (Entered: 06/01/2007)

May 31, 2007 PACER
52

ENDORSED LETTER addressed to Judge Denny Chin from Jon L. Norisberg dated 5/29/07 re: counsel for plaintiff requests (with consent) an extension of time to file a response to defendant's Motion for Reconsideration. } Application GRANTED. Plaintiff's opposition due 6/8/07; defendant's reply due 6/25/07.Replies due by 6/25/2007. Responses due by 6/8/2007 (Signed by Judge Paul A. Crotty on 6/4/07) (db) (Entered: 06/05/2007)

June 4, 2007 PACER
53

MEMORANDUM OF LAW in Opposition re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c). In Opposition to Defendants' Motion for Reconsideration. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 06/08/2007)

June 8, 2007 PACER
54

DECLARATION of Jon L. Norinsberg in Opposition re: 34 FIRST MOTION to Dismiss the Complaint Pursuant to Rule 12(c).. Document filed by Oliver Jovanovic. (Norinsberg, Jon) (Entered: 06/08/2007)

June 8, 2007 PACER
55

ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 6/19/07 re: Counsel writes to request one-week extension to submit their reply to plaintiff's opposition to defendants' motion for reconsideration to 7/2/07. ENDORSEMENT: Application granted. So Ordered. Set Deadlines/Hearing as to Replies due by 7/2/2007. (Signed by Judge Paul A. Crotty on 6/19/07) (jco) (Entered: 06/20/2007)

June 19, 2007 PACER
56

ENDORSED LETTER addressed to Judge Paul A. Crotty from Alan H. Scheiner dated 6/29/07 re: Counsel for defendant requests a one week extension of the current deadline for defendants to submit their reply to plaintiff's Opposition to defendants' motion for reconsideration, from July 2, 2007 to July 9, 2007. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge Paul A. Crotty on 6/29/07) (js) (Entered: 07/02/2007)

June 29, 2007 PACER
57

FIRST MOTION for Reconsideration of the Court's Order of August 17, 2006 Regarding the Statute of Limitations. Document filed by City of New York, Milton Bonilla, Linda Fairstein.(Scheiner, Alan) (Entered: 07/09/2007)

July 9, 2007 PACER
58

FIRST MEMORANDUM OF LAW in Support re: 57 FIRST MOTION for Reconsideration of the Court's Order of August 17, 2006 Regarding the Statute of Limitations.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 07/09/2007)

July 9, 2007 PACER
59

FIRST REPLY MEMORANDUM OF LAW in Support re: 57 FIRST MOTION for Reconsideration of the Court's Order of August 17, 2006 Regarding the Statute of Limitations.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Scheiner, Alan) (Entered: 07/09/2007)

July 9, 2007 PACER
60

NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of City of New York, Milton Bonilla, Linda Fairstein (Larkin, Arthur) (Entered: 09/06/2007)

Sept. 6, 2007 PACER
61

NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of City of New York, Milton Bonilla, Linda Fairstein (djc) (Entered: 09/13/2007)

Sept. 11, 2007 PACER
62

ORDER: Defendants' motion for reconsideration is GRANTED with respect to the false arrest claim and DENIED in all other respects. A Pretrial Conference will go forward on Thursday, March 13, 2008, at 2:15 P.M. in Courtroom 20-C. Requests for adjournments will not be considered unless the party requesting the adjournment complies with Rule 1E of Judge Crottys Individual Practices. The Clerk of Court shall terminate this motion for reconsideration. (Signed by Judge Paul A. Crotty on 02/07/2008) (mov) (Entered: 02/07/2008)

Feb. 7, 2008 RECAP
63

REVISED CIVIL CASE MANAGEMENT PLAN: Amended Pleadings due by 5/1/2008. Joinder of Parties due by 5/1/2008. Motions due by 5/1/2008. Case Management Conference set for 7/16/2008 at 02:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. Discovery due by 9/30/2008. (Signed by Judge Paul A. Crotty on 4/2/08) (js) (Entered: 04/02/2008)

April 2, 2008 PACER
64

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Brian Guenther Maxey on behalf of City of New York, Milton Bonilla, Linda Fairstein (Maxey, Brian) Modified on 6/10/2008 (db). (Entered: 06/09/2008)

June 9, 2008 PACER
65

NOTICE OF APPEARANCE by Brian Guenther Maxey on behalf of City of New York, Milton Bonilla, Linda Fairstein (Maxey, Brian) (Entered: 06/20/2008)

June 20, 2008 PACER
66

REVISED CIVIL CASE MANAGEMENT PLAN: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. All fact discovery shall be completed no later than 1/30/2009. All expert discovery shall be completed no later than 10/31/2008. The next Case Management is scheduled got Wednesday, 12/7/08 at 2:30 pm in Courtroom 20-C. (Signed by Judge Paul A. Crotty on 8/26/2008) (tve) (Entered: 08/26/2008)

Aug. 26, 2008 PACER
67

NOTICE OF APPEARANCE by Jonathan S. Abady on behalf of Oliver Jovanovic (Abady, Jonathan) (Entered: 01/16/2009)

Jan. 16, 2009 PACER
68

AFFIDAVIT OF SERVICE of Subpoena served on District Attorney (attn: Sarah Hynes) on 5/12/09. Service was accepted by "Jane Doe", who works for David Young, manager. Document filed by Oliver Jovanovic. (Greenberger, Debra) (Entered: 05/27/2009)

May 27, 2009 PACER
69

ENDORSED LETTER addressed to Judge Paul A. Crotty from Arthur G. Larkin dated June 12, 2009 re: Request Your Honor's assistance in resolving a dispute with regard to non-party depositions, which we have tried to resolve with plaintiff's counsel in good faith without success to date. ENDORSEMENT: The application to divide the time of the non party deponents is denied. Plaintiff may depose the witnesses for the full 7 hours the Rules allow. It is clear that the defendants counsel has access to witnesses which plaintiff does not have. Plaintiff can gain access only by way of subpoena, and it would be unfair to truncate the time allowed for by the rules. The parties should work in good faith to resolve their disputes and, if possible, share the deposition time, but so it is clear plaintiff is entitled to the full time allowed for the non party witness it has subpoenaed. As to the identification of the complaining witness the parties should not publicize the name and the Court will address this matter at the next pretrial conference. SO ORDERED. (Signed by Judge Paul A. Crotty on June 16, 2009) (mov) (Entered: 06/16/2009)

June 16, 2009 PACER
70

NOTICE OF APPEARANCE by Debra Lea Greenberger on behalf of Oliver Jovanovic (Greenberger, Debra) (Entered: 06/16/2009)

June 16, 2009 PACER
71

ENDORSED LETTER addressed to Judge Paul A. Crotty from Arthur G. Larkin dated June 24, 2009 re: We write in response to plaintiffs letter of yesterdays date concerning their requests (1) for an open-ended, forty-five day extension of all discovery, and (2) for an order adjourning plaintiffs deposition. We advised plaintiffs counsel yesterday that we do not object to an extension of discovery to allow depositions now scheduled to proceed, but that we do object to an unrestricted discovery extension. We also advised counsel that we object to adjourning plaintiffs deposition given the late stage of discovery, and given the number of depositions that already have been pushed into July (subject to Court approval). Accordingly, we submit that plaintiffs request should be denied, and that instead, the Court should enter a discovery order as set forth below. Because plaintiffs deposition is now scheduled for this Friday, June 26, we respectfully request that Your Honor decide the instant application as soon as reasonably practicable. ENDORSEMENT: (1) The request to adjourn Ms. Feinsteins deposition for 3 months is denied. The deposition must proceed as scheduled, (2) The City must complete document discovery forthwith; (3) The deposition of plaintiff currently scheduled for June 26, 2009, may be adjourned for up to 2 weeks but must be conducted and completed by no later than Friday July 10, 2009, (4) The discovery cutoff of June 30, 2009 is extended for one month to Friday July 31, 2009 (5) The conference scheduled for July 7, 2009 is adjourned, but if there are any further disputes, either side may call chambers and a conference will be scheduled immediately. In any event a conference will be scheduled at some time during the first two weeks of August. Mr. Ovalles, my Courtroom Deputy, will be in contact with the parties. SO ORDERED. (Signed by Judge Paul A. Crotty on June 25, 2009) (mov) (Entered: 06/25/2009)

June 25, 2009 PACER
72

ENDORSED LETTER addressed to Judge Paul A. Crotty from Jon Norinsberg dated 7/13/09 re: counsel for plaintiff requests that the Court grant permission to hold Ms. Heatherly's deposition on 8/5/09. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 7/14/09) (dle) (Entered: 07/14/2009)

July 14, 2009 PACER
73

ENDORSED LETTER addressed to Judge Paul A. Crotty from Jon L. Norinsberg dated July 28, 2009 re: Joint application for permission to conduct depositions after close of discovery. ENDORSEMENT: The proposed discovery schedule is adopted. So Ordered. (Signed by Judge Paul A. Crotty on August 5, 2009) (mov) (Entered: 08/05/2009)

Aug. 5, 2009 PACER
74

ENDORSED LETTER addressed to Judge Paul A. Crotty from Arthur G. Larkin dated August 3, 2009 re: We write concerning plaintiffs letter of July 28, 2009. We wish to raise four matters with Your Honor at this time. First defendants object to the deposition of one of the witnesses listed in plaintiffs letter, Jane Rzucek, the mother of the complaining witness in this case; second, defendants wish to depose one additional witness whose name is not listed in plaintiffs letter (Alan Kaufman, one of plaintiffs criminal defense attorneys), and we understand that plaintiff does not object to this deposition; third, we intend to file a motion to quash the subpoena served upon Dr. Nicholas Norton; and fourth, we request the opportunity to serve deposition notices upon plaintiffs experts, should we choose to do so, and we understand that plaintiff will object to any such notices. ENDORSEMENT: (1) The objection to the deposition of Ms. Rzucek is overruled. (2) The deposition of Mr. Kaufman will be allowed (3) With respect to Dr. Norton, the City may make its motion on or prior to August 14. (4) Rebuttal reports to plaintiffs expert reports may be filed up to September 30, 2009, and defendant may also serve supplemental discovery concerning the expert reports. The City may depose these experts if it wishes to do so. (Signed by Judge Paul A. Crotty on August 5, 2009) (mov) (Entered: 08/05/2009)

Aug. 5, 2009 PACER
75

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash non-party subpoena and for a protective order. Document filed by City of New York, Milton Bonilla, Linda Fairstein.(Larkin, Arthur) Modified on 8/17/2009 (db). (Entered: 08/14/2009)

Aug. 14, 2009 PACER
76

DECLARATION of Jamie Day in Support re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 08/18/2009)

Aug. 18, 2009 PACER
77

DECLARATION of Nicholas Norton, Ph.D. in Support re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 08/18/2009)

Aug. 18, 2009 PACER
78

MEMORANDUM OF LAW in Support re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 08/18/2009)

Aug. 18, 2009 PACER
79

ENDORSED LETTER addressed to Judge Paul A. Crotty from Arthur G. Larkin dated August 24, 2009 re: We write with regard to defendants pending motion to quash the non-party subpoena served upon Dr. Nicholas Norton. Because portions of the motion were quoted in the New York Post last week, in misleading fashion (we believe), we respectfully request that the motion (DE 75-78, consisting of defendants notice of motion, declaration of Ms. Jamie Day, declaration of Dr. Norton, and defendants memorandum of law), be sealed, and that plaintiffs opposition to the motion and defendants reply also be filed under seal. Plaintiff does not object to this application, although we do not represent that plaintiff agrees with our assessment of the Post article. ENDORSEMENT: The application is denied. The news has already been published and the Court is adverse to closing the record on a matter of public business. SO ORDERED. (Signed by Judge Paul A. Crotty on August 25, 2009) (mov) (Entered: 08/25/2009)

Aug. 25, 2009 PACER
80

MEMORANDUM OF LAW in Opposition re: 75 MOTION to Quash non-party subpoena and for a protective order. relieving Dr. Nicholas Norton from testifying at deposition. Document filed by Oliver Jovanovic. (Greenberger, Debra) (Entered: 08/25/2009)

Aug. 25, 2009 PACER
81

DECLARATION of Debra L. Greenberger in Opposition re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by Oliver Jovanovic. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Greenberger, Debra) (Entered: 08/25/2009)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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Aug. 25, 2009 PACER
82

TRANSCRIPT of proceedings held on 8/18/09 before Judge Paul A. Crotty. (ldi) (Entered: 09/11/2009)

Aug. 27, 2009 PACER
83

REPLY AFFIDAVIT of Arthur G. Larkin in Support re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Exhibit A (Sinha deposition excerpt), # 2 Exhibit B (Powers deposition excerpt))(Larkin, Arthur) (Entered: 09/11/2009)

2 Exhibit A (Sinha deposition excerpt)

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3 Exhibit B (Powers deposition excerpt)

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Sept. 11, 2009 PACER
84

REPLY AFFIDAVIT of Nicholas Norton, Ph.D. in Support re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 09/11/2009)

Sept. 11, 2009 PACER
85

REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Quash non-party subpoena and for a protective order.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 09/11/2009)

Sept. 11, 2009 PACER
86

ORDER: The motion to quash is DENIED. Passing whether the City's attorney can object to a third-party subpoena, or whether the objection is timely, the subpoenaed witness may possess relevant information which is admissible at trial. That is more than ample justification for the proposed deposition. Any concern about privacy can be addressed by an appropriate confidentiality order. SO ORDERED. (Signed by Judge Paul A. Crotty on September 23, 2009) (mov) (Entered: 09/23/2009)

Sept. 23, 2009 PACER
87

ENDORSED LETTER addressed to Judge Paul A. Crotty from Arthur G. Larkin dated 9/16/2009 re: Requesting the following motion and expert discovery schedule: Defendants' motion to be served and filed November 6, 2009. Plaintiff's opposition papers due December 4, 2009. Defendants' reply papers due December 18, 2009. Defendants' expert reports to be served Two weeks after Court's decision. Expert depositions to be completed two weeks after all reports served. ENDORSEMENT: The schedule is adopted. Trial is set for April 13, 2010. (Signed by Judge Paul A. Crotty on 9/30/2009) (jpo) Modified on 10/13/2009 (jpo). (Entered: 09/30/2009)

Sept. 30, 2009 PACER
88

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Paul A. Crotty on 10/8/2009) (tve) (Entered: 10/08/2009)

Oct. 8, 2009 PACER
89

ORDER: On Or before November 20, 2009, Dr. Jacques Moritz shall appear for a deposition in the above-captioned case, pursuant to the subpoena that was served on Dr. Moritz on April 15, 2009. Failure to attend may result in being held in contempt of court. ALL OF THE ABOVE IS SO ORDERED. (Signed by Judge Paul A. Crotty on October 28, 2009) (mov) (Entered: 10/29/2009)

Oct. 29, 2009 PACER
90

ENDORSED LETTER addressed to Judge Paul A. Crotty from Dr. Jacques Moritz, MD dated October 28, 2009 re: I am requesting that the court arrange for me to have an attorney otherwise, I will not be able to participate in the above titled action. ENDORSEMENT: Dr. Moritz must appear for a deposition pursuant to the subpoena which he received. If the Doctor objects, counsel should be retained to represent the Doctors interest or the Doctor may appear pro se by filing written objections. The Court does not provide attorneys in these circumstances. So Ordered. (Signed by Judge Paul A. Crotty on October 29, 2009) Copies Mailed By Chambers.(mov) (Entered: 10/29/2009)

Oct. 29, 2009 PACER
91

ENDORSED LETTER: addressed to Judge Paul A. Crotty from Arthur G. Larkin dated 12/3/09 re: Counsel for defendant requests an extension of one business day and three days in total of the date by which defendants' motion for summary judgment is due, from Friday, December 4, to Monday December 7, 2009. Plaintiff consents to this request. Subject to Your Honor's approval, the parties have agreed that plaintiff's opposition papers will be served and filed on or before Tuesday, January 19, 2010. Reply papers to be filed by February 2, 2010. ENDORSEMENT: So Ordered. ( Motions due by 12/7/2009. Replies due by 2/2/2010. Responses due by 1/19/2010) (Signed by Judge Paul A. Crotty on 12/4/09) (js) (Entered: 12/04/2009)

Dec. 4, 2009 PACER
92

MOTION for Summary Judgment dismissing all of plaintiff's claims. Document filed by City of New York, Milton Bonilla, Linda Fairstein. Responses due by 1/19/2010(Larkin, Arthur) (Entered: 12/21/2009)

Dec. 21, 2009 PACER
93

DECLARATION of Arthur G. Larkin in Support re: 92 MOTION for Summary Judgment dismissing all of plaintiff's claims.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Attachments: # 1 Exhibit A (Jovanovic dep excerpts), # 2 Exhibit B (1 of 2) (e-mails, IM's), # 3 Exhibit B (2 of 2) (e-mails, IM's), # 4 Exhibit C (trial excerpts), # 5 Exhibit D (IM's), # 6 Exhibit E (profiles), # 7 Exhibit F (JR Grand Jury), # 8 Exhibit G (Bonilla DD5), # 9 Exhibit H (handwritten statement), # 10 Exhibit I (IM's), # 11 Exhibit J (Dubois deposition excerpts), # 12 Exhibit K (Powers dep. excerpts), # 13 Exhibit L (O'Connor dep. excerpts), # 14 Exhibit M (e-mail 11/26/96), # 15 Exhibit N (medical record - filed separately), # 16 Exhibit O (Chin-Quee deposition excerpts), # 17 Exhibit P (JR dep. excerpt), # 18 Exhibit Q (Bonilla dep. excerpt), # 19 Exhibit R (search warrant), # 20 Exhibit S (S. Jovanovic dep. excerpt), # 21 Exhibit T (return on warrant), # 22 Exhibit U (Arraignment 12/6/96), # 23 Exhibit V (NY Times article - 12/7/96), # 24 Exhibit W (NY Daily News article 12/7/96), # 25 Exhibit X (NY Post article 12/7/96), # 26 Exhibit Y (Answers to Interrogatories), # 27 Exhibit Z (Fairstein deposition excerpts), # 28 Exhibit AA (NY Post article - 12/14/96), # 29 Exhibit BB (FBI fax and DA memo), # 30 Exhibit CC (Heatherly dep excerpts), # 31 Exhibit DD (People's Molineux motion - redacted), # 32 Exhibit EE (memo to DA's office), # 33 Exhibit FF (Bonilla Grand Jury), # 34 Exhibit GG (Grand Jury charge), # 35 Exhibit HH (Indictment - redacted), # 36 Exhibit II (Sosinsky dep. excerpts), # 37 Exhibit JJ (Letter 2/26/98), # 38 Exhibit KK (IM's), # 39 Exhibit LL (blank juror questionnaire), # 40 Exhibit MM (sentencing minutes), # 41 Exhibit NN (Transcript 11/1/01), # 42 Exhibit OO (Hobbs dep. excerpt), # 43 Exhibit PP (Mohr dep. excerpts), # 44 Exhibit QQ (DA response to subpoena), # 45 Exhibit RR (DA response to subpoena), # 46 Exhibit SS (felony complaint), # 47 Exhibit TT (Thompson dep. excerpts), # 48 Exhibit UU (Disciplinary Committee letter - redacted))(Larkin, Arthur) (Entered: 12/21/2009)

2 Exhibit A (Jovanovic dep excerpts)

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3 Exhibit B (1 of 2) (e-mails, IM's)

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4 Exhibit B (2 of 2) (e-mails, IM's)

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5 Exhibit C (trial excerpts)

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6 Exhibit D (IM's)

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7 Exhibit E (profiles)

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8 Exhibit F (JR Grand Jury)

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9 Exhibit G (Bonilla DD5)

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10 Exhibit H (handwritten statement)

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11 Exhibit I (IM's)

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12 Exhibit J (Dubois deposition excerpts)

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13 Exhibit K (Powers dep. excerpts)

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14 Exhibit L (O'Connor dep. excerpts)

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15 Exhibit M (e-mail 11/26/96)

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16 Exhibit N (medical record - filed separately)

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17 Exhibit O (Chin-Quee deposition excerpts)

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18 Exhibit P (JR dep. excerpt)

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19 Exhibit Q (Bonilla dep. excerpt)

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20 Exhibit R (search warrant)

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21 Exhibit S (S. Jovanovic dep. excerpt)

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22 Exhibit T (return on warrant)

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23 Exhibit U (Arraignment 12/6/96)

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24 Exhibit V (NY Times article - 12/7/96)

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25 Exhibit W (NY Daily News article 12/7/96)

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26 Exhibit X (NY Post article 12/7/96)

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27 Exhibit Y (Answers to Interrogatories)

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28 Exhibit Z (Fairstein deposition excerpts)

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29 Exhibit AA (NY Post article - 12/14/96)

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30 Exhibit BB (FBI fax and DA memo)

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31 Exhibit CC (Heatherly dep excerpts)

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32 Exhibit DD (People's Molineux motion - redacted)

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33 Exhibit EE (memo to DA's office)

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34 Exhibit FF (Bonilla Grand Jury)

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35 Exhibit GG (Grand Jury charge)

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36 Exhibit HH (Indictment - redacted)

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37 Exhibit II (Sosinsky dep. excerpts)

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38 Exhibit JJ (Letter 2/26/98)

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39 Exhibit KK (IM's)

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40 Exhibit LL (blank juror questionnaire)

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41 Exhibit MM (sentencing minutes)

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42 Exhibit NN (Transcript 11/1/01)

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43 Exhibit OO (Hobbs dep. excerpt)

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44 Exhibit PP (Mohr dep. excerpts)

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45 Exhibit QQ (DA response to subpoena)

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46 Exhibit RR (DA response to subpoena)

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47 Exhibit SS (felony complaint)

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48 Exhibit TT (Thompson dep. excerpts)

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49 Exhibit UU (Disciplinary Committee letter - redacted)

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Dec. 21, 2009 PACER
94

RULE 56.1 STATEMENT. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 12/21/2009)

Dec. 21, 2009 PACER
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MEMORANDUM OF LAW in Support re: 92 MOTION for Summary Judgment dismissing all of plaintiff's claims.. Document filed by City of New York, Milton Bonilla, Linda Fairstein. (Larkin, Arthur) (Entered: 12/21/2009)

Dec. 21, 2009 RECAP
96

ORDER: Based on the Court's in camera review and the parties' arguments (oral and in writing), the nine page document, dated 6/28/1993, prepared by the attorney who was the subject of a sua sponte investigation by the Disciplinary Committee for the First Judicial Department, arising out of conduct occurring during the trial of People v. Jarells, should be produced. Plaintiff's request for a 30(b)(6) deposition concerning disciplinary proceedings is denied. (Signed by Judge Paul A. Crotty on 1/4/2010) (tro) (Entered: 01/05/2010)

Jan. 4, 2010 PACER
97

ENDORSED LETTER addressed to Judge Paul A. Crotty from Jon L. Norinsberg dated January 11, 2010 re: extension of the deadline for plaintiff to file his opposition to defendants' motion for summary judgment from 1/19/2010 to 02/05/2010 and permission to file an opposition brief which is in excess of the 25 page limit set forth in Your Honor's rules. ENDORSEMENT: The time extension is granted and the schedule will be adjusted accordingly. Plaintiff may file a brief not exceeding 35 pages. SO ORDERED. (Signed by Judge Paul A. Crotty on January 11, 2010) (mov) (Entered: 01/12/2010)

Jan. 11, 2010 PACER
98

TRANSCRIPT of proceedings held on 1/20/2006 before Judge Paul A. Crotty. (tve) (Entered: 01/15/2010)

Jan. 15, 2010 PACER
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TRANSCRIPT of proceedings held on 1/21/2009 before Judge Paul A. Crotty. (tve) (Entered: 01/15/2010)

Jan. 15, 2010 PACER
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TRANSCRIPT of proceedings held on 6/30/2008 before Judge Paul A. Crotty. (tve) (Entered: 01/15/2010)

Jan. 15, 2010 PACER

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 28, 2004

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff had previously been tried and convicted for rape, sodomy and kidnapping, receiving 15 years to life in prison. Plaintiff appealed the decision and, while awaiting a new trial, all charges were dropped against him. Plaintiff later filed suit, claiming that his prosecution violated his civil rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York, New York), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Pattern or Practice