Case: Leith v. County of Nassau

Leith v. The County Of Nassau

Tessa Bialek

COMPLAINT against John/Jane Does #1-10, New York State Troopers John Roes #1-10, K. Sovaras, The County of Nassau, The Nassau County Police Department filing fee $ 402, receipt number ANYEDC-16136661 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Tivia Leith. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Brewington, Frederick) (Entered: 11/14/2022)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 11/14/2022)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (LJ) (Entered: 11/14/2022)

Summons Issued as to All Defendants. (LJ) (Entered: 11/14/2022)

Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)

Case Assigned/Reassigned

Notice of Related Case: The Civil Cover Sheet filed in civil action 22cv7023(JMA)(LGD) indicates this is a related case. (LJ) (Entered: 11/17/2022)

ORDER: Initial Conference set for 3/20/2023 at 11:00 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 11/21/2022. (Attachments: # 1 AYS Rules) (JT) (Entered: 11/21/2022)

AMENDED COMPLAINT against John/Jane Does #1-10, New York State Troopers John Roes #1-10, K. Sovaras, The County of Nassau, The Nassau County Police Department, filed by Tivia Leith. (Brewington, Frederick) (Entered: 11/26/2022)

Letter MOTION for Extension of Time to File response to the Amended Complaint by The County of Nassau, The Nassau County Police Department. (Ben-Sorek, Liora) (Entered: 12/14/2022)

ORDER granting 8 Motion for Extension of Time to File. The County Defendants' time to answer or otherwise respond to the Amended Complaint is EXTENDED to January 12, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 12/14/2022. (DM)

Order on Motion for Extension of Time to File

NOTICE of Appearance by Laurel R. Kretzing on behalf of K. Sovaras, The County of Nassau, The Nassau County Police Department (aty to be noticed) (Kretzing, Laurel) (Entered: 01/12/2023)

NOTICE of Appearance by Christopher E. Vatter on behalf of K. Sovaras, The County of Nassau, The Nassau County Police Department (aty to be noticed) (Vatter, Christopher) (Entered: 01/12/2023)

Letter MOTION for pre motion conference by K. Sovaras, The County of Nassau, The Nassau County Police Department. (Attachments: # 1 Exhibit A- Ticket 29NH, # 2 Exhibit B- Ticket 29D9) (Kretzing, Laurel) (Entered: 01/12/2023)

ORDER granting 11 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for March 30, 2023 at 10:30 AM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 11. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 11 in accordance with the undersigned's individual rules by January 30, 2023. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 1/13/2023. c/ecf (JT)

Order on Motion for Pre Motion Conference

Letter MOTION for Extension of Time to File Plaintiff's Opposition to Defendants' Pre-Motion Letter by Tivia Leith. (Brewington, Frederick) (Entered: 01/30/2023)

NOTICE of Appearance by Leah Elizabeth Jackson on behalf of Tivia Leith (aty to be noticed) (Jackson, Leah) (Entered: 01/31/2023)

NOTICE of Appearance by Cobia Malik Powell on behalf of Tivia Leith (aty to be noticed) (Powell, Cobia) (Entered: 01/31/2023)

NOTICE of Appearance by Albert Darnell Manuel, III on behalf of Tivia Leith (aty to be noticed) (Manuel, Albert) (Entered: 01/31/2023)

ORDER granting 12 Motion for Extension of Time to File. Ordered by Judge Gary R. Brown on 1/31/2023. c/ecf (JT)

Order on Motion for Extension of Time to File

Letter Response In Opposition to County Defendants' Letter Motion for Pre Motion Conference by Tivia Leith. (Brewington, Frederick) Modified on 4/3/2023 (JC). (Entered: 02/02/2023)

Motions terminated, docketed incorrectly: 16 Letter MOTION for Leave to File Document In Opposition to County Defendants' Letter Motion for Pre Motion Conference filed by Tivia Leith. (Motion terminated as per GRB's Chamber approval. This entry should have been filed as a "Response in Opposition" and the Court will address the document as such. All corrections have been made). (JC)

SUMMONS Returned Executed by Tivia Leith. New York State Troopers John Roes #1-10 served on 11/15/2022, answer due 12/6/2022. (Brewington, Frederick) (Entered: 02/22/2023)

SUMMONS Returned Executed by Tivia Leith. New York State Troopers John Roes #1-10 served on 11/28/2022, answer due 12/19/2022. (Brewington, Frederick) (Entered: 02/22/2023)

Letter MOTION to Adjourn Conference submitted jointly with counsel for plaintiff by K. Sovaras, The County of Nassau, The Nassau County Police Department. (Kretzing, Laurel) (Entered: 03/15/2023)

Order on Motion to Adjourn Conference

ORDER granting 19 Motion to Adjourn Conference. Upon counsels' request, the telephonic initial conference scheduled for March 20, 2023 is ADJOURNED to May 8, 2023 at 2:00 PM. Counsel are reminded that the joint initial letter and proposed discovery schedule must be filed on ECF by May 5, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 3/16/2023. (DM)

Minute Entry for proceedings held before Judge Gary R. Brown: Pre Motion Conference held on 3/30/2023. Counsel for all sides present. Pre-motion conference held. Motion argued. The Court deems the motion made. Other: For the reasons set forth on the record, motion granted in part. Plaintiff will have 3 weeks to file an amended complaint. SEE ATTACHED FOR FURTHER DETAILS. (FTR Log #10:38-11:14.) (JC) (Entered: 04/03/2023)

Terminate Motions (filed in error)

AMENDED COMPLAINT against Kathleen Reid, Badge #6584, Aziz, Badge #171, filed by Tivia Leith. (Attachments: # 1 Civil Cover Sheet (Amended) Civil Cover Sheet, # 2 Proposed Summons Amended Summons) (Brewington, Frederick) (Entered: 04/21/2023)

Summons Issued as to Aziz, Badge #171, Kathleen Reid, Badge #6584, K. Sovaras, The County of Nassau, The Nassau County Police Department. (JC) (Entered: 04/24/2023)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 30, 2023, before Judge Gary R. Brown. Transcriber Transcriptions Plus II, Inc., Telephone number 516-358-7352. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/16/2023. Redacted Transcript Deadline set for 5/26/2023. Release of Transcript Restriction set for 7/24/2023. (DC) (Entered: 04/25/2023)

SUMMONS Returned Executed by Tivia Leith. Kathleen Reid, Badge #6584 served on 4/28/2023, answer due 5/19/2023; The Nassau County Police Department served on 4/28/2023, answer due 5/19/2023. (Attachments: # 1 Affidavit of Service P.LO. Kathleen Reid) (Brewington, Frederick) (Entered: 05/03/2023)

SUMMONS Returned Executed by Tivia Leith. Aziz, Badge #171 served on 4/24/2023, answer due 5/15/2023. (Brewington, Frederick) (Entered: 05/03/2023)

Letter MOTION to Adjourn Conference Adjournment of Intial Conference Submitted Jointly With Counsel for Plaintiff by K. Sovaras, The County of Nassau, The Nassau County Police Department. (Kretzing, Laurel) (Entered: 05/05/2023)

Order on Motion to Adjourn Conference

ORDER granting 26 Motion to Adjourn Conference. Upon counsels' joint request, the telephonic initial conference scheduled for May 8, 2023 is ADJOURNED to June 12, 2023 at 1:30 PM. Counsel are reminded that the joint initial letter as well as the joint proposed discovery schedule must be submitted via ECF by June 8, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 5/6/2023. (DM)

First MOTION for Extension of Time to File Answer re 1 Complaint, by Aziz, Badge #171. (Pack, Lori) (Entered: 05/12/2023)

Letter To Judge Advising of Briefing Schedule Regarding County Defendants' Motion to Dismiss by Kathleen Reid, Badge #6584, K. Sovaras, The County of Nassau (Kretzing, Laurel) (Entered: 05/12/2023)

Order on Motion for Extension of Time to Answer

ORDER granting 27 Motion for Extension of Time to Answer. Defendant Aziz, Badge #171 time to answer or otherwise repsond to the Complaint is EXTENDED to 6/15/2023. So Ordered by Magistrate Judge Anne Y. Shields on 5/15/2023. (DM)

Order(Other)

ORDER. The parties' briefing schedule found in DE 28 is so ordered. Further, the County Defendants may address the newly-asserted claims in their papers if necessary. Ordered by Judge Gary R. Brown on 5/24/2023. (MR)

First MOTION for pre motion conference re 7 Amended Complaint by Aziz, Badge #171. (Pack, Lori) (Entered: 05/25/2023)

Order on Motion for Pre Motion Conference

ORDER granting 29 Motion for Pre Motion Conference. A pre-motion telephone conference is scheduled for August 29, 2023 at 10:30 AM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 29. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiffs are directed to respond to DE 29 in accordance with the undersigned's individual rules by June 25, 2023. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 5/26/2023. (MR)

Scheduling Order

Letter Joint Initial Letter by Plaintiffs and Defendants by Tivia Leith (Attachments: # 1 Appendix B- Proposed Scheduling Order) (Powell, Cobia) (Entered: 06/08/2023)

SCHEDULING ORDER: Due to a change in the Court's schedule, the pre-motion conference scheduled for August 29, 2023 at 10:30 AM is adjourned to August 30, 2023 at 10:30 AM. Ordered by Judge Gary R. Brown on 6/8/2023. (GO) (Due to a statistical error behind the scenes, the order was deleted and re-docketed)

Incorrect Case/Document/Entry Information: Due to a statistical error behind the scenes, the 06/08/2023 SCHEDULING ORDER was deleted and re-docketed. There will be no DE#30 on the docket. (GO)

Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 6/12/2023. A telephone status conference has been scheduled for April 3, 2024 at 11:00 AM. Counsel aredirected to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conferenceand enter Access Code 9005911 when prompted.(FTR Log #1:41-1:49.) (JT) (Entered: 06/13/2023)

Scheduling Order

SCHEDULING ORDER: As set forth on the record during the conference held on June 12, 2023 all paper discovery shall be exchanged by March 31, 2024. A telephone status conference has been scheduled for April 3, 2024 at 11:00 AM. Counsel are directed to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields on 6/12/2023. (DM)

Letter MOTION for Extension of Time to File in Opposition to Defendants' Pre-Motion Letter by Tivia Leith. (Powell, Cobia) (Entered: 06/16/2023)

Order on Motion for Extension of Time to File

ORDER granting 33 Motion for Extension of Time to File. On consent, plaintiffs' motion for an extension of time to file their responsive pre motion letter is GRANTED. Plaintiffs shall file their letter on or before July 17, 2023. Ordered by Judge Gary R. Brown on 6/20/2023. (MR)

Incorrect Case-Document Information

Scheduling Order

Letter

Dismiss

Adjourn Conference

Response to Motion

Order on Motion to Adjourn Conference

Pre Motion Conference

MEMORANDUM & ORDER granting 35 Motion to Dismiss: Based on the foregoing, defendants motion to dismiss the sixth cause of action must be GRANTED in its entirety. Plaintiffs have, at least implicitly, requested the right to replead. While such appl ications are granted liberally, they are routinely denied where repleading would be futile. In this case, the record reflects the filing of an initial complaint, two amended complaints and the previewing of supplemental allegations by plaintiff in response to the motion, none of which suffice to adequately plead the subject cause of action. Therefore, leave to replead is DENIED. SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Judge Gary R. Brown on 10/25/2023. (JC)

Answer to Amended Complaint

Answer to Amended Complaint

Notice of Appearance

Leave to File Document

Order on Motion for Leave to File

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery

Letter

~Util - Add and Terminate Attorneys

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery

Extension of Time to Complete Discovery

Order on Motion for Extension of Time to Complete Discovery

Leave to File Document

Leave to File Document

Pre Motion Conference

Summary Judgment

Order on Motion for Pre Motion Conference

Extension of Time to File Response/Reply

Response in Opposition to Motion

Rule 56.1 Statement

Summary Judgment

Summary Judgment

Response in Opposition to Motion

Rule 56.1 Statement

Rule 56.1 Statement

Response in Opposition to Motion

Order(Other)

Pre Motion Conference

Order on Motion for Extension of Time to File Response/Reply