1
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COMPLAINT against Emmanuel Bailey, City of New York, Correction Officer "DJ" Doe, Correction Officer John Does # 1-5, Larry W. Davis, Sr, Walter Nin, Arthur Olivari. (Filing Fee $ 350.00, Receipt Number 1013932)Document filed by Kadeem John.(ama) (Entered: 08/12/2011)
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Aug. 12, 2011
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Aug. 12, 2011
RECAP
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2
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AFFIDAVIT OF SERVICE of Summons and Complaint,. City of New York served on 8/16/2011, answer due 9/6/2011. Service was accepted by Dmitry Aronov. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/19/2011)
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Aug. 19, 2011
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Aug. 19, 2011
PACER
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3
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Arthur Olivari served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)
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Aug. 22, 2011
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Aug. 22, 2011
PACER
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4
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Larry W. Davis, Sr served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)
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Aug. 22, 2011
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Aug. 22, 2011
PACER
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5
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Emmanuel Bailey served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)
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Aug. 22, 2011
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Aug. 22, 2011
PACER
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6
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AFFIDAVIT OF SERVICE of Summons and Complaint,. Walter Nin served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)
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Aug. 22, 2011
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Aug. 22, 2011
PACER
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7
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NOTICE OF APPEARANCE by Diep Nguyen on behalf of City of New York (Nguyen, Diep) (Entered: 08/30/2011)
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Aug. 30, 2011
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Aug. 30, 2011
PACER
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8
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ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 9/6/2011 re: There are no scheduled conference that will be affected by this proposed extension. Accordingly, it is respectfully requested that the Court grant the City's application to extend its time to answer or otherwise respond to the complaint from September 6, 2011, until November 7. 2011.. ENDORSEMENT: Application Granted. So Ordered. City of New York answer due 11/7/2011. (Signed by Judge Robert P. Patterson on 9/7/2011) (rdz) (Entered: 09/07/2011)
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Sept. 7, 2011
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Sept. 7, 2011
PACER
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9
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ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Jonathan S. Abady dated 9/6/11 re: We are writing to oppose defendants' request for a sixty-day extension of time to answer the complaint. ENDORSEMENT: Application denied. Because the complaint names four supervisory defendants, who may have conflicting interests. It also names "D.J.", Doc and five John/Jane Does, defendants for failure to protect plaintiff from assault or for failing to intervene in the running of the "Program" at 2 Lower North at RMDC in their individual capacities, who may also have conflicting interests, a 60 day extension for time to respond to the complaint is warranted. (Signed by Judge Robert P. Patterson on 9/7/11) (rjm) (Entered: 09/08/2011)
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Sept. 7, 2011
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Sept. 7, 2011
PACER
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10
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NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Kadeem John (Rosenfeld, Katherine) (Entered: 10/12/2011)
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Oct. 12, 2011
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Oct. 12, 2011
PACER
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11
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SCHEDULING ORDER: Experts' deposition due by 9/14/2012. All discovery due by 9/14/2012. All fact discovery due 7/27/2012. Pretrial Order due by 9/28/2012. Jury Trial set for 10/15/2012 at 09:30 AM before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 10/25/2011) (lmb) Modified on 10/27/2011 (lmb). Modified on 10/27/2011 (lmb). (Entered: 10/25/2011)
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Oct. 25, 2011
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Oct. 25, 2011
PACER
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12
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ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 11/7/2011 re: I write to respectfully request a brief one-week extension of time, from November 7, 2011, until November 14, 2011, within which the City may answer or otherwise respond to the complaint. ENDORSEMENT: Application granted. So ordered. City of New York answer due 11/14/2011. (Signed by Judge Robert P. Patterson on 11/8/2011) (rjm) (Entered: 11/08/2011)
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Nov. 8, 2011
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Nov. 8, 2011
PACER
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13
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ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(Nguyen, Diep) (Entered: 11/14/2011)
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Nov. 14, 2011
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Nov. 14, 2011
PACER
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14
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PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert P. Patterson on 12/2/2011) (jfe) (Entered: 12/02/2011)
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Dec. 2, 2011
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Dec. 2, 2011
PACER
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15
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ENDORSED LETTER addressed to Judge Robert P. Patterson from Adam R. Pulver dated 12/2/2011 re: We request the Court order Defendants to provide their initial disclosures by the close of business Monday, December 5, 2011. ENDORSEMENT: Defendant's counsel are ordered to serve on Plaintiff's counsel the preliminary disclosures required by the Federal Rules of Civil Procedure on or before 12/12/11. (Signed by Judge Robert P. Patterson on 12/8/2011) (lmb) (Entered: 12/09/2011)
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Dec. 9, 2011
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Dec. 9, 2011
PACER
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16
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MOTION for Sanctions. Document filed by Kadeem John.(Pulver, Adam) (Entered: 02/07/2012)
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Feb. 7, 2012
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Feb. 7, 2012
PACER
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17
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MEMORANDUM OF LAW in Support re: 16 MOTION for Sanctions.. Document filed by Kadeem John. (Pulver, Adam) (Entered: 02/07/2012)
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Feb. 7, 2012
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Feb. 7, 2012
RECAP
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18
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DECLARATION of Adam R. Pulver in Support re: 16 MOTION for Sanctions.. Document filed by Kadeem John. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Pulver, Adam) (Entered: 02/07/2012)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Exhibit 5
View on PACER
6 Exhibit 6
View on PACER
7 Exhibit 7
View on PACER
8 Exhibit 8
View on PACER
9 Exhibit 9
View on PACER
10 Exhibit 10
View on PACER
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Feb. 7, 2012
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Feb. 7, 2012
RECAP
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19
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ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 2/14/2012 re: I write to respectfully request a ten-day extension of time, until February 24, 2012, to respond to plaintiffs motion for sanctions,. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 2/24/2012) (Signed by Judge Robert P. Patterson on 2/14/2012) Copies Sent By Chambers. (ama) (Entered: 02/15/2012)
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Feb. 15, 2012
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Feb. 15, 2012
PACER
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20
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ENDORSED LETTER addressed to Judge Robert P. Patterson from Adam R. Pulver dated 2/15/2012 re: Counsel for Plaintiff requests that the Court allow them until 3/2/2012 to file their reply in further support of their motion for sanctions. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to 16 MOTION for Sanctions : (Replies due by 3/2/2012.) (Signed by Judge Robert P. Patterson on 2/16/2012) (tro) (Entered: 02/17/2012)
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Feb. 17, 2012
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Feb. 17, 2012
PACER
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21
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SCHEDULING ORDER: A conference in this matter is set for Wednesday, February 29, 2012 at 9:30 a.m. Counsel should be prepared to discuss Plaintiff s discovery issues as stated in its letter dated February 9, 2012. (Signed by Judge Robert P. Patterson on 2/23/2012) (mro) (Entered: 02/23/2012)
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Feb. 23, 2012
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Feb. 23, 2012
PACER
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22
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MEMORANDUM OF LAW in Opposition re: 16 MOTION for Sanctions.. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari. (Nguyen, Diep) (Entered: 02/24/2012)
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Feb. 24, 2012
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Feb. 24, 2012
PACER
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23
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REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Sanctions.. Document filed by Kadeem John. (Pulver, Adam) (Entered: 03/02/2012)
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March 2, 2012
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March 2, 2012
RECAP
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24
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SCHEDULING ORDER: Oral Argument set for 3/14/2012 at 09:30 AM before Judge Robert P. Patterson. Counsel should be prepared to discuss Plaintiff's motion for sanctions. (Signed by Judge Robert P. Patterson on 3/7/2012) Copies Faxed By Chambers. (ab) Modified on 3/7/2012 (ab). (Entered: 03/07/2012)
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March 7, 2012
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March 7, 2012
PACER
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25
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ORDER OF REFERENCE TO A MAGISTRATE JUDGE Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Robert P. Patterson on 4/10/2012) (js) (Entered: 04/11/2012)
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April 11, 2012
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April 11, 2012
PACER
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26
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SCHEDULING ORDER: In view of the correspondence received from both parties today, a hearing in this matter is set for Friday, April 20, 2012 at 9:30 a.m. The supervising attorney should be present for Defendants. (Status Conference set for 4/20/2012 at 09:30 AM before Judge Robert P. Patterson.) (Signed by Judge Robert P. Patterson on 4/18/2012) (lmb) (Entered: 04/19/2012)
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April 19, 2012
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April 19, 2012
PACER
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27
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ENDORSED LETTER addressed to Judge Robert P. Patterson from Adam R. Pulver dated 4/19/2012 re: We write, with Defendants counsel's consent, to request an adjournment of the Status Conference scheduled for Friday, April 20, 2012 at 9:30 a.m. ENDORSEMENT: Application granted. Conference will be held 4/23/12 at 4 PM., ( Status Conference set for 4/23/2012 at 04:00 PM before Judge Robert P. Patterson.) (Signed by Judge Robert P. Patterson on 4/19/2012) (lmb) (Entered: 04/19/2012)
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April 19, 2012
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April 19, 2012
PACER
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28
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ENDORSED LETTER addressed to Judge Robert P. Patterson from Diep Nguyen dated 4/20/2012 re: Counsel for the defendants request an adjournment of the April 23, 2012 conference. ENDORSEMENT: Application denied. The Court is not available on those dates. So Ordered. (Signed by Judge Robert P. Patterson on 4/20/2012) (ft) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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29
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TRANSCRIPT of Proceedings re: Conference held on 3/5/2012 before Judge Robert P. Patterson. Court Reporter/Transcriber: Toni Stanley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012.(McGuirk, Kelly) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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30
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/5/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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31
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ENDORSED LETTER addressed to Judge Robert P Patterson from Diep Nguyen dated 5/1/2012 re: Defendants apprised plaintiff that the photos are available and the parties agreed that plaintiff will view the photographs tomorrow. Plaintiff, however, opposes viewing the photographs in the presence of defense counsel Defendants disagree and seek the following protection. ENDORSEMENT: The parties informed the Court on May 2, 2012 that they had resolved this dispute. (Signed by Judge Robert P. Patterson on 5/2/2012) (cd) (Entered: 05/02/2012)
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May 2, 2012
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May 2, 2012
PACER
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32
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ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Emery Celli Brinckerhoff & Abady, LLP dated 5/22/2012 re: Request for adjournment of conference. ENDORSEMENT: The conference is adjourned to June 27 at 2:00 p.m. (Settlement Conference set for 6/27/2012 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/23/2012) (rjm) (Entered: 05/23/2012)
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May 23, 2012
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May 23, 2012
PACER
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33
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ENDORSED LETTER: addressed to Judge Robert P. Patterson from Adam R. Pulver dated 5/22/2012 re: Counsel for Plaintiffs write as defendants have failed to comply with the Courts order to produce outstanding discovery by May 15, 2012 and May 21, 2012, Counsel requests the Court order a complete production immediately. ENDORSEMENT: Application granted. Defendants are ordered to produce to plaintiff immediately all outstanding documents and interrogatory responses or face sanctions for untimely. (Signed by Judge Robert P. Patterson on 5/22/2012) (js) (Entered: 05/23/2012)
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May 23, 2012
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May 23, 2012
PACER
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34
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STIPULATION AND SETTLEMENT OF ATTORNEYS' FEES. 1. Defendant City of New York shall pay to Plaintiff's counsel Emery Celli Brinckerhoff & Abady LLP ("ECBA") the sum total of Thirteen Thousand Dollars ($13,000.00) for work conducted by ECBA and The Legal Aid Society in this action in connection with Plaintiff's motion for sanctions dated February 7, 2012. This payment shall be in full satisfaction of all claims by ECBA, The Legal Aid Society, and/or Plaintiff for attorneys' fees, costs and/or expenses accrued in connection with Plaintiff's motion for sanctions dated February 7,2012. In the event of any future award of attorneys' fees and costs in this action, Plaintiff's counsel and/or Plaintiff will not seek any additional compensation for attorneys' fees, costs and/or expenses accrued in connection with Plaintiff's motion for sanctions dated February 7, 2012. [* See Order for complete details. *] (Signed by Judge Robert P. Patterson on 6/15/2012) (bw) (Entered: 06/15/2012)
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June 15, 2012
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June 15, 2012
RECAP
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35
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ENDORSED LETTER addressed to Judge Robert P. Patterson from Attorney Adam R. Pulver dated June 13, 2012. ENDORSEMENT: Application granted. Defendants are to produce the documents responsive to Nos. 9 and 21 and to confirm all documents responsive to Nos. 10, 14, 15, 18, 15 and 27 by June 15, 2012. (Signed by Judge Robert P. Patterson on 6/14/2012) (bw) (Entered: 06/15/2012)
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June 15, 2012
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June 15, 2012
PACER
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36
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ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 6/18/2012 re: Counsel for the defendants submit that the redactions are necessary as not to compromise the work of the intelligence unit at Rikers. ENDORSEMENT: Application granted without prejudice to plaintiff's counsel making a timely application to reconsider. (Signed by Judge Robert P. Patterson on 6/18/2012) (ft) (Entered: 06/18/2012)
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June 18, 2012
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June 18, 2012
PACER
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37
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ENDORSED LETTER addressed to Judge Robert P Patterson from Adam R Pulver dated 6/21/2012 re: In response to defendants' 6/20 letter in defense of their limited, untimely production. ENDORSEMENT: Defendants counsel should respond to this letter by 6/22/2012. (Signed by Judge Robert P. Patterson on 6/21/2012) (cd) (Entered: 06/21/2012)
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June 21, 2012
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June 21, 2012
PACER
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38
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Letter addressed to Judge Robert P. Patterson, from Adam R. Pulver, dated 6/20/2012, re: update the Court on Defendants' continued noncompliance with the Court's discovery-related orders, including the Court's most recent Order, dated June 14, 2012. In light of Defendants' continued violation of the Court's orders, we request the Court issue sanctions at this time. We request the Court order (1) the immediate production of all outstanding documents, complete with discovery letter and privilege; (2) confirmation that all documents responsive to requests 10, 14, 15, 18, 25, and 27 have been produced; and (3) sanctions against Defendants for their disobedience of Court orders and failure to timely produce. Document filed as to Kadeem John.(ja) (Entered: 06/22/2012)
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June 22, 2012
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June 22, 2012
PACER
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39
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Letter addressed to Judge Robert P. Patterson, from Diep Nguyen, dated 6/20/2012 re: writing to respond to plaintiff's June 20, 2012 letter. We submit that we have complied with the Court's Orders and complied with the discovery at this time so that plaintiff can have an opportunity to evaluate his claims for the settlement conference, which was a concern voiced by both Your Honor and plaintiff in previous court conferences. Like plaintiff, defendants are willing to attend the settlement conference before Magistrate Maas on June 27, 2012. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(ja) (Entered: 06/22/2012)
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June 22, 2012
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June 22, 2012
PACER
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40
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Letter addressed to Judge Robert P. Patterson, from Diep Nguyen, dated 6/20/2012, re: writing to respond to plaintiff's June 20, 2012 letter and to clarify one point in the letter I sent to the Court tonight. Defendants already produced a privilege log and cover letter for all of the documents previously produced. The only cover letter and privilege log that remain to be sent to plaintiff as of earlier today (and has now been sent) are for the new 7,800 pages of documents that defendants delivered to plaintiff this week. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(ja) (Entered: 06/22/2012)
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June 22, 2012
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June 22, 2012
PACER
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41
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ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Adam R. Pulver dated 6/22/2012 re: In order to better advise the Court of the state of evidence and make for a more meaningful settlement conference, we thus respectfully request plaintiff be allowed until 10:00 a.m. on Monday, June 25, 2012, to file its settlement letter. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 6/22/2012) (djc) (Entered: 06/25/2012)
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June 25, 2012
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June 25, 2012
PACER
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42
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Letter addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 6/22/2012 re: I write to respectfully respond to plaintiff's June 21, 2012 letter. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(ama) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
PACER
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43
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OPINION AND ORDER: #102040 For the reasons stated herein, the Court will impose sanctions on Defendants for repeatedly failing to comply with this Court's discovery orders. Therefore, based on Defendants' counsel's failure to respond to Plaintiff's Document Requests Nos. 9, 14, 21, and 25, the Court imposes sanctions on the New York City Law Department in the amount of $10,000. The Court further orders sanctions upon Assistant Corporation Counsel Diep Nguyen in the amount of $300, and upon Assistant Corporation Counsel Dara Weiss in the amount of$300. Defendants are ordered to confirm production of all "First Stage" discovery by July 20, 2012 or face further sanctions on the Law Department of $1000 a day for every day after July 20, 2012 until such production is complete. (Signed by Judge Robert P. Patterson on 7/8/2012) Copies Faxed By Chambers. (jfe) Modified on 7/10/2012 (jab). (Entered: 07/09/2012)
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July 9, 2012
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July 9, 2012
RECAP
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44
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TRANSCRIPT of Proceedings re: CONFERNCE held on 6/7/2012 before Judge Robert P. Patterson. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly) (Entered: 07/17/2012)
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July 17, 2012
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July 17, 2012
PACER
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45
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/7/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/17/2012)
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July 17, 2012
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July 17, 2012
PACER
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46
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ENDORSED LETTER addressed to Judge Robert P. Patterson from Muriel Goode-Trufant dated 7/19/2012 re: In light of the settlement, the City respectfully requests that the Court vacate its Order of July 9, 2012, including the requirement that the City Defendants confirm the production of first stage discovery by July 20, 2012, as well as the financial sanctions imposed upon the New York City Law Department and upon attorneys Diep Nguyen and Dara Weiss. ENDORSEMENT: Application granted. In view of the plaintiff's settlement, and consent to the Court relieving the Law Department, Diep Nguyen and Dara Weiss of the financial sanctions imposed in the Order of July 9, 2012, those financial sanctions are hereby ordered not to be enforced. (Signed by Judge Robert P. Patterson on 7/23/2012) (lmb) Modified on 7/30/2012 (tro). (Entered: 07/24/2012)
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July 23, 2012
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July 23, 2012
PACER
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47
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STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in paragraph "2" below. And as set forth in this Order. SO ORDERED. (Signed by Judge Robert P. Patterson on 8/31/2012) (ama) (Entered: 08/31/2012)
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Aug. 31, 2012
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Aug. 31, 2012
PACER
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48
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LETTER from Ammon Ra Sumral dated 9/29/15 re: Non-party Ammon Ra Sumral requests that the Court Clerk's Office send him copies of the complaints and summary judgment orders which were filed in these cases. (sc) (Entered: 10/07/2015)
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Oct. 6, 2015
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Oct. 6, 2015
PACER
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