Case: Harrison v. Barkley

New York state supreme court

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed; FILING FEE $ 5.25 RECEIPT # 23938 ; (fce) (Entered: 07/19/1995)

In Forma Pauperis Application filed by Duane Harrison (fce) (Entered: 07/19/1995)

ORDER granting [2-1] application ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 08/24/1995)

Original and 4 copies of SUMMONS(ES) issued for Wayne Barkley, Robert Hoehn, Tammy Bechaz, Sylvia Laguna and delivered to U. S. Marshal. Balance Order Done - Consent forms sent. (fce) (Entered: 08/24/1995)

Plaintiff's notice of change of address to: Lyon Mountain Corr. Facility; P. O. Box 276; Lyon Mountain, N.Y. l2952. (fce) (Entered: 10/10/1995)

Affidavit of Service of plaintiff of notice of change of address to Attorney General on 10/6/95. Change of address to: Lyon Mountain Corr. Facility; P. O. Box 276; Lyon Mountain, N.Y. l2952. (fce) (Entered: 10/12/1995)

SUMMONS Returned Executed as to Sylvia Laguna on 10/17/95 : Answer due on 11/6/95 for Sylvia Laguna (fce) (Entered: 10/25/1995)

SUMMONS Returned Executed as to Wayne Barkley on 10/17/95 : Answer due on 11/6/95 for Wayne Barkley (fce) (Entered: 10/30/1995)

SUMMONS Returned Executed as to Tammy Bechaz on 10/17/95 : Answer due on 11/6/95 for Tammy Bechaz (fce) (Entered: 10/30/1995)

SUMMONS Returned Executed as to Robert Hoehn on 10/17/95 : Answer due on 11/6/95 for Robert Hoehn (fce) (Entered: 10/30/1995)

REQUEST and ORDER, to Extend Time , reset Answer deadline to 12/5/95 for Wayne Barkley, for Robert Hoehn, for Tammy Bechaz, for Sylvia Laguna ( signed by Thomas G. Smith as per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 10/31/1995)

ANSWER to Complaint by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley (Attorney Deborah A. Ferro, AAG ),; jury demand (fce) (Entered: 12/06/1995)

MOTION by Duane Harrison to Strike [11-1] answer , Hearing set for 1/18/96 , Response Deadline 1/4/96 , Reply to Response Deadline 1/11/96 Motion returnable before Judge/Mag. Judge: Scanlon (fce) (Entered: 12/20/1995)

MOTION by Duane Harrison for partial Summary Judgment , Hearing set for 1/18/96 , Response Deadline 1/4/96 , Reply to Response Deadline 1/11/96 Motion returnable before Judge/Mag. Scanlon (fce) (Entered: 12/20/1995)

Addendum by Duane Harrison to Re: [12-1] motion to Strike [11-1] answer (fce) (Entered: 12/20/1995)

Motion(s) referred: [13-1] motion for partial Summary Judgment referred to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 12/20/1995)

Letter to the Court from AAG Ferro dd 1/3/96 re: plaintiff's motion to strike affirmative defenses and for summary judgment are adjourned to 2/1/96. (fce) (Entered: 01/08/1996)

Deadline updated; Motion Hearing set for 1/18/96 re: [13-1] motion for partial Summary Judgment, set for <1/18/96> re: [12-1] motion to Strike [11-1] answer , Response to Motion reset to 1/18/96 for [13-1] motion for partial Summary Judgment, reset to <1/18/96> for [12-1] motion to Strike [11-1] answer , Reply to Response to Motion reset to 1/25/96 for [13-1] motion for partial Summary Judgment, reset to <date not set> for [12-1] motion to Strike [11-1] answer (fce) (Entered: 01/08/1996)

Plaintiff's notice of change of address to: Adirondack Corr. Facility; P.O. Box ll0; Ray Brook, New York l2977-0110. (fce) (Entered: 01/22/1996)

Defendants' REQUEST and ORDER, to Extend Time , Motion Hearing set for 2/27/96 re: [13-1] motion for partial Summary Judgment, for 2/27/96 re: [12-1] motion to Strike [11-1] answer , and Response to Motion reset to 2/13/96 for [13-1] motion for partial Summary Judgment, reset to 2/13/96 for [12-1] to Strike [11-1] answer ( signed by Thomas G. Smith as per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 02/02/1996)

REQUEST and ORDER, to Extend Time , Motion Hearing set for 2/27/96 re: [13-1] motion for partial Summary Judgment, set for 2/27/96 re: [12-1] motion to Strike [11-1] answer , Response to Motion reset to 2/13/96 for [13-1] motion for partial Summary Judgment, reset to 2/27/96 for [12-1] motion to Strike [11-1] answer ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 02/08/1996)

Rule 16 Scheduling Order Issued. Discovery Deadline 5/20/96 ; Discovery motion filing deadline 6/19/96 Motion Filing Deadline 7/19/96 ( Signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 02/08/1996)

Plaintiff's ltr dd 2/12/96, that he is in receipt of AG's request for extension of time and Order of Mag. Scanlon that was mailed to plaintiff at Lyon Mountain Corr. Fac., and notifying that as of 1/16/96, he has change of address to: Adirondack Corr. Fac., P.O. Box 110, Ray Brook, NY 12977-0110. (fce) (Entered: 02/14/1996)

RESPONSE by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley to [12-1] motion to Strike [11-1] answer (fce) (Entered: 02/14/1996)

MEMORANDUM of Law by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley in support of [22-1] cross motion for Summary Judgment (fce) (Entered: 02/14/1996)

Rule 10J Statement in Support of [22-1] cross motion for Summary Judgment filed by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley (fce) (Entered: 02/14/1996)

RESPONSE by Duane Harrison , Response Deadline ; Response re: [22- 1] cross motion for Summary Judgment (fce) (Entered: 02/23/1996)

MEMORANDUM of Law by Duane Harrison in opposition to [22-1] cross motion for Summary Judgment (fce) (Entered: 02/23/1996)

Rule 7.1(f) Statement in opposition to [22-1] cross motion for Summary Judgment filed by Duane Harrison (fce) (Entered: 02/23/1996)

Affirmation by Duane Harrison in opposition to Re: [21-1] motion response (fce) (Entered: 02/23/1996)

RESPONSE by Duane Harrison to Affidavit of Dr. Mirza in support of [22-1] cross motion for Summary Judgment (fce) (Entered: 03/05/1996)

Addendum by Duane Harrison in opposition to [22-1] cross motion for Summary Judgment (fce) (Entered: 06/17/1996)

MOTION by Duane Harrison to Compel Discovery , Hearing set for 7/18/96 , Response Deadline 7/4/96 , Reply to Response Deadline 7/11/96 Motion returnable before Judge/Mag. Judge: Scanlon (fce) (Entered: 06/19/1996)

Defendants' RESPONSE in opposition to plaintiff's [31-1] motion to Compel Discovery and in Support of Defendants' Request for Protective Order and Stay of Further Discovery. (fce) (Entered: 07/23/1996)

Letter to the court from plaintiff dd 7/22/96 regarding defendant's have not responded to plaintiff's motion to compel discovery, plaintiff ready for trial and request for default judgment in favor of the plaintiff. (fce) (Entered: 07/24/1996)

REPLY by Duane Harrison to response to [31-1] motion to Compel Discovery and Defendants' Request for Protective Order and Stay of Further Proceedings. (fce) (Entered: 07/25/1996)

Defendant's REQUEST and ORDER, to Extend Time until 7/24/96 to file opposition to plaintiff's request for additional documents and to request a stay of discovery pending determination of the summary judgment motions. , reset Discovery ( signed by Carolyn D. Brown as per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 07/26/1996)

Motion(s) referred: [22-1] cross motion for Summary Judgment referred to Magistrate Judge Daniel Scanlon Jr. (cdl) (Entered: 08/12/1996)

NOTICE of change of address to Mt. McGregor CF, dd 10/15/96, filed by Duane Harrison (cbm) (Entered: 10/23/1996)

Plaintiff's notice of change of address to Hudson Correctional Facility (fce) (Entered: 12/02/1996)

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. dtd 1/14/97; Service Date: 1/17/97 Re: [22-1] Defts' cross motion for Summary Judgment & [13-1] Pltf's motion for partial Summary Judgment; RECOMMENDATION - deny Pltf's motion for partial summary judgment & grant Defts' cross motion for summary judgment. (Objection to R and R due by 2/6/97 for Duane Harrison, for Wayne Barkley, for Robert Hoehn, for Tammy Bechaz, for Sylvia Laguna ); Motion(s) no longer referred (lmp) (Entered: 01/17/1997)

ORDER denying as moot [31-1] motion to Compel Discovery, denying as moot [12-1] motion to Strike [11-1] answer & denying as moot [32-1] Defts' request for a protective order & stay of further discovery. (signed by Magistrate Judge Daniel Scanlon Jr. on 1/14/97) (lmp) (Entered: 01/17/1997)

Motion(s) no longer referred: [31-1] motion to Compel Discovery, [22-1] cross motion for Summary Judgment, [13-1] motion for partial Summary Judgment, [12-1] motion to Strike [11-1] answer (lmp) (Entered: 01/17/1997)

OBJECTION by Duane Harrison to [38-1] report and recommendations (cbm) (Entered: 01/30/1997)

MEMORANDUM-DECISION AND ORDER approving and adopting [38-1] report and recommendations; granting Defts' [22-1] cross motion for Summary Judgment, denying [13-1] Pltf's motion for partial Summary Judgment. (signed by Judge Rosemary S. Pooler on 4/11/97) (lmp) (Entered: 04/14/1997)

JUDGMENT for Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley against Duane Harrison (lmp) (Entered: 04/14/1997)

Case closed (lmp) (Entered: 04/14/1997)

NOTICE OF APPEAL by Duane Harrison . Appeal record due on 5/28/97 (fce) (Entered: 05/05/1997)

Notice of appeal and certified copy of docket to USCA re: [42-1] appeal by Duane Harrison (parties noticed). (lmp) (Entered: 05/09/1997)

Certified and transmitted record on appeal (ENTIRE FILE) to U.S. Court of Appeals: [42-1] appeal by Duane Harrison (lmp) (Entered: 05/09/1997)

Plaintiff's letter to Court dated 5/13/97 re: unable to pay fee of $105.00, wishes for his request for appt. of counsel to be granted. in hopes atty. can provide remedy (fce) (Entered: 05/21/1997)

Copy of Document #43 sent to CCA (fce) (Entered: 05/21/1997)

NOTICE of Docketing ROA from USCA Re: [42-1] appeal by Duane Harrison USCA NUMBER: 97-2286 (lmp) (Entered: 05/21/1997)

USCA Case Number Re: [42-1] appeal by Duane Harrison USCA NUMBER: 97-2286 (lmp) (Entered: 05/21/1997)

JUDGMENT OF USCA (certified copy) Re: [42-1] appeal by Duane Harrison, Appeal dismissed for failure to submit an financial affidavit and a prisoner Authorization form. (fce) (Entered: 07/21/1997)

COURT NOTICE sent to 2CCA advising them of receipt of $105 for filing fee for Notice of Appeal. Receipt #34283;2/24/98 (fce) (Entered: 02/26/1998)

REINSTATEMENT OF APPEAL by Duane Harrison; motion for appointment of counsel is DENIED; appellant's brief to be filed by 6/22/98; appellee's brief by 7/22/98; appeal will be submitted as early as week of 8/31/98. (lmp) (Entered: 05/29/1998)

MANDATE OF USCA reversing judgment of district court and remanded for further proceedings. (certified copy) Re: [46-1] appeal by Duane Harrison (fce) (Entered: 08/15/2000)

Case reopened (Pursuant to Mandate entered on 8/14/00) (dmf) (Entered: 08/28/2000)

Record on appeal returned from U.S. Court of Appeals: [46-1] appeal by Duane Harrison (dmf) (Entered: 09/06/2000)

CASE reassigned to Judge Thomas J. McAvoy - Judge Pooler no longer a district judge. (tjm) (Entered: 01/11/2001)

CASE REFERRED to Magistrate Judge David E. Peebles - Mag/Judge Scanlon is deceased. (tjm) (Entered: 01/11/2001)

CLERK'S NOTICE of Telephone Conference set for 3/27/01, at which time plaintiff and defense counsel are to advise the Court as the status of this case; The Attorney General is directed to make arrangements to initiate this telephone conference and to notify the facility where plaintiff is presently housed and has access to a table for his legal materials. (ljr) (Entered: 03/06/2001)

Tele-conference set at 3/27/01, at 11:00 AM with Mag. Jg. Peebles. Clerk's Notice sent by Linda Payne to all parties. (ljr) (Entered: 03/06/2001)

3/9/01 Tel. message from Mrs. Heath at Hudson Corr. Fac. advising that Pltf. Harrison was released to parole supervision in 1999. (lmp) (Entered: 03/09/2001)

Mail returned undeliverable. Sent to plaintiff Duane Harrison [48-1] notice RE: Doc. #: [48-1] Address sent to: Hudson Correctional Facility; Envelope Marked paroled 5/15/99 Great Meadow. (ljr) (Entered: 03/12/2001)

Change of Address received by AAG Deborah Ferro for Plainitff Harrison. Effective date: May 1999 inmate was paroled from Great Meadow Correctional Facility; As per pro bono counsel who represented plaintiff in his appeal, the New Address: 101-25 West 147th St., Apt. 15- I, New York, N.Y. 10039 (ljr) (Entered: 03/13/2001)

CLERK'S NOTICE of Telephone Conference Schedule before Mag. Jg. Peebles, on April 6, 2001 at 11:00AM at which time plaintiff and defense counsel are to advise the Court as to the Status of this case. AAG Ferro, is directed to make arrangements to initiate this conference, and Mr. Harrison is to confirm with Ms. Ferro his availability on that date and time. (ljr) (Entered: 03/13/2001)

Tele-conference set at 11:00 4/6/01 before Mag. Jg. Peebles. (ljr) (Entered: 03/13/2001)

Minute entry: Tel.Conf. w/MJ Peebles - Pltf. & AAG advise discovery is completed & list proposed witnesses to be called at trial; Pltf. will request appointment of atty. for trial; Pltf. & AAG advise as to status of settlement negotiatons; MJ Peebles sets further Tel.Conf.; set Pretrial Conference for 3:00 pm on 5/7/01 via telphone w/Defts' atty. to initiate call. APP: Duane Harrison, pro se Pltf.; Deborah Ferro for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 04/06/2001)

ORDER, Setting Pretrial Conference for 3:00 5/7/01 ; by Telephone; Defendants attorney is directed to make arrangements for initiating the call to counsel for all parties and the court. ( signed by Magistrate Judge David E. Peebles ) Date 4/10/01 (ljr) Modified on 04/10/2001 (Entered: 04/10/2001)

REQUEST and ORDER, by Deborah Ferro, requesting that the 5/7/01 conference be adjourned for two weeks; Request Granted Resetting Telephone Conference for 3:00 5/21/01 ( signed by Magistrate Judge David E. Peebles ) (ljr) (Entered: 05/03/2001)

Minute entry: Tel. conf. w/MJ Peebles - AAG Ferro advises as to status of settlement offer; Pltf. refuses present settlement offer & requests case be scheduled for trial; MJ Peebles to forward file to DJ McAvoy w/memo as to Pltf's request for atty., list of witnesses to be called & Defts' intention to file motion in limine to dismiss Defts. Bechax, Laguna & Barkley. APP: Duane Harrison pro se Pltf.; Deborah Ferro for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 05/21/2001)

LETTER of Deborah A. Ferro, AAG dd 6-05-01 that parties have agreed to settle and will submit Stipulation of Discontinuance to the Court (pta) (Entered: 06/07/2001)

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT Date Served & Entered: 6/20/01 (cml) (Entered: 06/20/2001)

RECEIVED Proposed Stipulation of Discontinuance [forward to chambers/SST] (pta) (Entered: 07/09/2001)

STIPULATION of dismissal by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley, Duane Harrison (amt) (Entered: 07/15/2001)