Case: Augustin v. Jablonsky

Iaffaldano v. County of Nassau

O'Day v. Nassau County

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

O'Day v. Nassau County; Augustin v. Jablonsky; Iaffaldano v. County of Nassau

Augustin v. Jablonsky, et al

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed and summons(es) issued for Joseph Jablonsky, County of Nassau FILING FEE $ 150.00 RECEIPT # 219666 (Bollbach, Jean) (Entered: 06/07/1999)

AMENDED CLASS ACTION COMPLAINT for declaratory and injunctive relief and damages and demand for trial by jury by Gardy Augustin, (Answer due 7/30/99 for County of Nassau, for Joseph Jablonsky ) amending [1-1] complaint against John & Jane Does OSI (Warner, Pam) (Entered: 07/20/1999)

ORDER, set status conference for 2:00 11/4/99 ( signed by Magistrate-Judge Arlene R. Lindsay, on 8/3/99) cm (Warner, Pam) (Entered: 08/05/1999)

NOTICE of attorney appearance for County of Nassau, Joseph Jablonsky by Paul F. Millus (Warner, Pam) (Entered: 08/18/1999)

Endorsment of [15−1] letter. Under the court's individual practices, pre−motion conferences are required only when a party seeks to move for summary judgment. parties seeking to make a different motion should confer with their adversary with respect to a briefing schedule; the movant should file all papers with the court once the motion is fully briefed. ( Signed by Judge Denis Hurley , on 9/26/99) (Branciforte, Ralph) (Entered: 10/05/1999)

ANSWER by County of Nassau, Joseph Jablonsky to amended complaint (Branciforte, Ralph) (Entered: 10/05/1999)

Letter MOTION by Gardy Augustin to schedule a joint initial conference in 99 CV 3126, 99 CV 2844, and 99 CV 4238, Motion hearing (Branciforte, Ralph) Modified on 11/04/1999 (Entered: 10/05/1999)

Endorsed order granting [14−1] motion to schedule a joint initial conference in 99 CV 3126, 99 CV 2844, and 99 CV 4238. mr. Herbst is to so advise all parties prior to the 10/1/99 conference, and provide them with a copy of this order. ( Signed by Magistrate−Judge Arlene R. Lindsay , on 9/29/99) EOD# 14 CF (Branciforte, Ralph) Modified on 11/04/1999 (Entered: 10/05/1999)

Endorsed order granting [6-1] motion to schedule a joint initial conference in 99 CV 3126, 99 CV 2844, and 99 CV 4238. Mr. Herbst is to so advise all parties prior to the 10/1/99 conference and to provide them with a copy of this order. The 11/4/99 conference is cancelled. terminated past due deadlines ( Signed by Magistrate-Judge Arlene R. Lindsay, on 9/29/99) EOD# 6 CF (Branciforte, Ralph) Modified on 11/04/1999

LETTER dated 10/14/99 from Robert Herbst to USMJ Lindsay RE: Requesting a conference be scheduled for the week of 11/8 and 11/15/99. (Branciforte, Ralph) (Entered: 11/23/1999)

LETTER dated 10/14/99 from Robert Herbst to USDJ Hurley RE: Request a joint conference between 99 CV 3126, 99 CV 2844, and 99 CV 4238. (Branciforte, Ralph) (Entered: 01/05/2000)

Calendar entry: Before USMJ Lindsay on 11/16/99. Counsel on civil action numbers: 99 CV 2844; 99 CV 3126; and 99 CV 4238 are to appear before the undersigned for an initial conference on 1/6/00 at 2:00 PM. CM (Branciforte, Ralph) (Entered: 11/23/1999)

Calendar entry: Before USMJ Lindsay on 1/6/00 @ 2:00 PM. Civil Cause For Initial Confernece. Case called. Counsel for parties present. Pre-trial Scheduling order adopted. (Branciforte, Ralph) (Entered: 01/12/2000)

SCHEDULING ORDER setting Settlement Conference by 10:30 7/20/00 ; Discovery cutoff 6/23/00 ; Pretrial order to be submitted on or before 7/14/00 ; Request for Pre-Motion 6/30/00. ( signed by Magistrate Arlene R. Lindsay, on 1/6/00) (Branciforte, Ralph) (Entered: 01/12/2000)

Status conference held (Branciforte, Ralph) (Entered: 01/12/2000)

Status conference held (Branciforte, Ralph)

Letter MOTION by County of Nassau, Joseph Jablonsky To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Motion hearing (Branciforte, Ralph) (Entered: 03/10/2000)

Endorsed order granting [21−1] motion To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Defendants' opposition papers on plaintiff's counsel on 4/3/00; Reply papers due by 4/17/00 ( Signed by Judge Denis Hurley , on 3/10/00) EOD# 21 (Branciforte, Ralph) (Entered: 03/10/2000)

Endorsed order granting [12-1] motion To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Defendants' opposition papers on plaintiff's counsel on 4/3/00; Reply papers due by 4/17/00 ( Signed by Judge Denis Hurley, on 3/10/00) EOD# 12 (Branciforte, Ralph)

LETTER dated 5/10/00 from Gayle Pollack to USDJ Hurley RE: Please note Herbst & Greenwald's new address. (address updated) (Branciforte, Ralph) (Entered: 05/19/2000)

LETTER dated 5/10/00 from Gayle Pollack to USMJ Lindsay RE: Please note our new address. (docket sheet updated) (Branciforte, Ralph) (Entered: 05/16/2000)

LETTER dated 6/5/00 from Robert Herbst to USDJ Hurley RE: Enclosing plaintiff's fully briefed motion to consolidate. (Branciforte, Ralph) (Entered: 03/09/2001)

LETTER dated 6/5/00 from Gayle Pollack to Clerk of the Court RE: Please find enclosed Plaintiff's motion for consolidation and class certification. (Branciforte, Ralph) (Entered: 06/08/2000)

MOTION by Gardy Augustin to consolidate 99 CV 2844 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, Cromwell & Yerman, as class counsel, Motion hearing (Branciforte, Ralph) (Entered: 06/08/2000)

AFFIDAVIT by Robert Herbst for Gardy Augustin in support of [16-1] motion to consolidate 99 CV 2844 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, & Yerman, as class counsel (Branciforte, Ralph) (Entered: 06/08/2000)

MEMORANDUM by Gardy Augustin in support of [16-1] motion to consolidate 99 CV 2844 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, Cromwell & Yerman, as class counsel (Branciforte, Ralph) (Entered: 06/08/2000)

MEMORANDUM by County of Nassau, Joseph Jablonsky in opposition to [16-1] motion to consolidate 99 CV 2844 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, Cromwell & Yerman, as class counsel (Branciforte, Ralph) (Entered: 06/08/2000)

AFFIDAVIT by Paul F. Millus for County of Nassau, Joseph Jablonsky in opposition to the [16-1] motion to consolidate 99 CV 2844 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, Cromwell & Yerman, as class counsel (Branciforte, Ralph) (Entered: 06/08/2000)

REPLY MEMORANDUM OF LAW by Gardy Augustin in further support of [16-1] motion to consolidate 99 CV 2844 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, Cromwell & Yerman, as class counsel (Branciforte, Ralph) (Entered: 06/08/2000)

LETTER dated 6/22/00 from Jeffrey Smith to USMJ Lindsay RE: Enclosed please find copies of plaintiff's Application to Extend Deadlines in the Pre-Trial Scheduling Orders. (Branciforte, Ralph) (Entered: 07/06/2000)

Endorsment on [23-1] letter. The Court declines to enter the pretrial scheduling order requested. However, a 90-day extension of discovery is granted. All discovery is to conclude by 9/25/00. Request for a pre-motion conference by 10/10/00. Joint pretrial order by 10/19/00. Settlement conference on 10/24/00 at 3:00 p.m. In the event the certification motion changes the landscape of the discovery in this matter, parties are to so advise the undersigned. ( Signed by Magistrate Arlene R. Lindsay, on 6/23/00) EOD# 23 (Branciforte, Ralph)

Deadline updated; resetting discovery due for 9/25/00, resetting pretrial order due for 10/19/00, resetting settlement conference for 3:00 10/24/00 before Magistrate Arlene R. Lindsay (Branciforte, Ralph)

ORDER Plaintiffs' application to extend the Scheduling Order issued by USMJ Lindsay is referred to USMJ Lindsay. In addition, the motion to dismiss filed by the Port Washington Defendants in 99 CV 4238 is administratively terminated as such defendants were dismissed from that case by order dtd. 6/16/00. (Judge Denis R. Hurley, dtd. 6/26/00) (Branciforte, Ralph) (Entered: 06/27/2000)

ORDER, resetting settlement conference for 2:00 11/2/00 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay, on 7/12/00) CM (Branciforte, Ralph) (Entered: 07/14/2000)

ORDER, that request by counsel for defts for extension of time is denied however, a 60 day extension of discovery is granted. All discovery is to conclude by 11/27/00. The parties are advised that, due to the age of this case, no furher extensions of discovery will be granted. Request for a premotion conference by 12/7/00. Joint pretrial order by 12/14/00. Settlement conference scheduled for 11/2/00 is hereby adjourned and rescheduled for 12/21/00 @2:00 time ( signed by Magistrate Arlene R. Lindsay, on 9/22/00) cm (Mierzewski, Liz) (Entered: 10/04/2000)

ORDER, that Counsel advised that in accordance with the schedule previously set by the Court that discovery is closed w/respect to the claims in this case. In the event a class is certified by the District Court then counsel may review this application ( signed by Magistrate Arlene R. Lindsay, on 12/4/00) icf (Mierzewski, Liz) (Entered: 01/02/2001)

LETTER dated 12/7/00 from Counsel for pltff to Judge Hurley re: Request for a pre-motion conference. (Mierzewski, Liz) (Entered: 12/12/2000)

LETTER dated 12/7/00 from Counsel for pltff to Judge Hurley re: Request for a pre−motion conference. (Mierzewski, Liz) (Entered: 12/12/2000)

LETTER dated 12/1/00 from Counsel for pltff to Judge Lindsay re: Request for additional time to complete discovery in this matter. (Mierzewski, Liz) (Entered: 01/02/2001)

ORDER granting [29-1] motion to extend time for the Settlment conference scheduled for 12/21/00 ( signed by Magistrate Arlene R. Lindsay, on 12/12/00) cf (Mierzewski, Liz) (Entered: 01/02/2001)

LETTER dated 2/1/01 from Keith Tashima to Counsel re: All discovery was to be concluded by 9/25/00. Proposed joint pre-trial order was to be submitted on 10/19/00 and is overdue. A proposed order is to be submitted to chambers immediately. (Mierzewski, Liz) (Entered: 02/06/2001)

LETTER dated 2/1/01 from Keith Tashine to Counsel re: all discovery was completed on 9/25/00. Proposed Joint pre-trial order was to be submited to Judge Lindsay on 10/19/00 and is now overdue. A proposed order is to be submitted to chambers immediately. (Mierzewski, Liz) (Entered: 02/05/2001)

Calendar entry:, Before Magistrate Judge Lindsay dtd 2/9/01 civil Cause for conference. All parties present. set status conference for 10:00 3/14/01 before Magistrate Arlene R. Lindsay (Mierzewski, Liz) (Entered: 02/12/2001)

ORDER, reset status conference for 3:00 4/2/01 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay, on 3/7/01) cm (Mierzewski, Liz) (Entered: 03/08/2001)

MEMORANDUM and ORDER granting in part, denying in part [16-1] motion to consolidate 99 CV 2844, 99cv3126 and 99 CV 4238 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; appointing Wolf Haldenstein Adler Freeman & Herz LLP and their local counsel in the Iaffaldano case, Cromwell & Yerman, as class counsel. Pltff's motion is granted in part to the entent that it seeks consolidation of this action 99cv3126 with Case nos. 99CV2844 and 99CV4238 for all purposes, denied in part to the extent it seeks certification of a unified class action and appointment of class counsel, and Denied in part without prejudice to renew to the extent it seeks appointment of Herbst & Greenwald as lead counsel;and the parties in the erstwhile unconsolidated cases shall endeavor to file a stip and order of consolidation within 30 days after the date of this memorandum opinion and order setting forth the details of consolidation, but that if the parties are unable or unwilling to so stipulate, then pltffs' counsel shall serve and file in its stead a proposed order of consolidation, and the remaining parties may serve and file within 10 days after service thereof letter submittions proposing appropriate changes thereto. ( signed by Judge Denis Hurley, on 3/8/01) cm (Mierzewski, Liz) Modified on 11/19/2004 (Mahon, Cinthia). (Entered: 03/12/2001)

Cases associated. (Mahon, Cinthia)

Consolidated Lead Case (Mierzewski, Liz) (Entered: 03/12/2001)

Consolidated Member Case . Lead Case Number: 0cv99 2844 (Mierzewski, Liz)

LETTER dated 3/23/01 from Counsel for pltffs to Judge Hurley re: Request for a pre-motion conference. (Mierzewski, Liz) (Entered: 03/27/2001)

LETTER dated 3/26/01 from Counsel for defts. to Judge Hurley re: Request that the court deny pltffs' request for a conference and permission to file a motion to renew and reargue . (Mierzewski, Liz) (Entered: 03/30/2001)

ORDER, that the Court waives the requirement of a pre-motion conference and sets the following presumptive briefing schedule and page limitations: Pltffs shall serve their motion and 15 page limited memorandum in support on or before 4/6/01; Defts shall serve their 15 page limited memo in opposition on or before 4/13/01, and pltffs shall serve their 10 page limited reply memorandum, if any, and file all papers with the Court on or before 4/17/01 ( signed by Judge Denis Hurley, on 3/28/01) cm (Mierzewski, Liz) (Entered: 04/02/2001)

Endorsed order, (in doc. 31) set settlement conference for 5/30/01 before Magistrate Arlene R. Lindsay ( Signed by Magistrate Arlene R. Lindsay , on 4/2/01) (Mierzewski, Liz) (Entered: 04/05/2001)

Tele−conference held (Branciforte, Ralph) (Entered: 05/31/2001)

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Garcia, Maria) (Entered: 05/30/2001)

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Garcia, Maria)

MANDATE OF USCA (certified copy) Re: petition for leave to appeal is denied. Copy forwarded to chambers for review. (Lopez, Luz) (Entered: 06/21/2001)

Endorsement [48−1] letter. Defendants are directed to the Court's Individual Practice Rule 2(A), and to serve and file a letter responsive to the letter of the Iaffaldano and Augustin plaintiffs dtd 12/7/00, seeking a pre−motion conference regarding their proposed motion for summary judgment. This order is related to: Augustin, No. CV99−3126; Iaffaldano, No CV99−4238 ( Signed by Judge Denis Hurley , on 5/20/02) cm (Mierzewski, Liz) (Entered: 05/22/2002)

Endorsed order granting [58−1] motion to extend time for defendant's to serve responsive papers; Briefing schedule is adjusted as follows: Defendants shall serve their opposition papers on or before 2/14/03; (2) Plaintiff shall serve their reply papers on or before 2/28/03; (3) Plaintiffs shall file all originals and courtesy copies for the Court on 3/7/03; (4) in all other respects, the Court's original scheduling order shall control ( Signed by Judge Denis Hurley , on 2/7/03) cm (Mierzewski, Liz) (Entered: 02/12/2003)

Letter MOTION by County of Nassau to extend time to respond to plaintiffs' application to renew the argument in support of class certification, No Motion hearing (Mierzewski, Liz) (Entered: 03/04/2003)

Endorsed order granting [62−1] motion to extend time to serve reply papers to the motion for class certification to 2/25/03 ( Signed by Judge Denis Hurley , on 2/24/03) cm (Mierzewski, Liz) (Entered: 03/04/2003)

Endorsement [63−1] letter. Plaintiff's response shall be served on or before 2/18/03; Defendants reply shall be served by 3/4/03; Defendants shall file all originals and courtesy copies on 3/6/03; the Court's original scheduling order controls in all other respects. ( Signed by Judge Denis Hurley , on 2/24/03) cm (Mierzewski, Liz) (Entered: 03/04/2003)

Endorsed order granting [40-1] motion to extend time to respond to plaintiffs' application to renew the argument in support of class certification. ( Signed by Judge Denis Hurley, on 2/24/03) (See document 99cv2844 for details) cm (Mierzewski, Liz)

ORDER granting the 67 Letter motion by defendants for an extension of time to file a response, if any, to the Court's invitation to address the issue of whether liability has been conceded for all purposes in this action. Defendants shall file their contemplated papers on or before 10/17/03 @12:00 noon on 10/21/03.. Signed by Judge Denis R. Hurley on 10/16/03. cm(Mierzejewski, Elizabeth) (Entered: 10/30/2003)

Letter APPLICATION dtd. 10/17/03 from Paul F. Millus to Hon. J. Hurley requesting to file a summary judgment motion on the issue of whether liability has been conceded for all purposes in this action as against all dfts as requested in Judge's decisiion of 9/23/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Letter REQUEST dtd. 10/17/03 from Paul F. Millus to Hon. J. Hurley requesting permission to file a summary judgment motion on the issue of whether liability has been conceded for all purposes in this action against all dfts as requested in the decision of 9/23/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Letter dtd. 10/22/03 from Paul F. Millus to Hon. J. Hurley responding to Mr. Herbst's letter to Court dtd. 10/20/03 in which he again seeks this Court's reconsideration of the class certification issue. Nassau County requests permission to submit a response to Mr. Herbst's letter by 11/3/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Letter dtd. 11/3/03 from Paul F. Millus to Hon. J. Hurley confirming that Joseph Jablonsky has been indemnified by the Nassau County Indemnification Board. Confirming Judge Wexler's decision declaring unconstitutional the then strip search policy at the NCCC, and the Second Circuit's decisions affirming the lower court's ruling make it clear that liability must be conceded for all purposes in this action against all remaining dfts based on the facts in this case. (Barhome, Sydelle) (Entered: 11/18/2003)

LETTER dtd 11/25/03 from Counsel for Defendants to Judge Hurley Regarding Request for permission to make a motion to withdraw as attorneys of record.. (Mierzejewski, Elizabeth) (Entered: 12/08/2003)

LETTER MOTION dtd 12/3/03 from Counsel for Defendants to Judge Hurley Regarding: Request that the Court reschedule the conference presently scheduled for 12/5/03. Request to withdraw as counsel for defendants.. (Mierzejewski, Elizabeth) (Entered: 12/11/2003)

ENDORSED ORDER re 46 Letter Motion. Defendants' request to substitute counsel and Mr. Millus' associated request to withdraw are granted. . Signed by Judge Denis R. Hurley on 12/4/03. cm(Mierzejewski, Elizabeth)

Minute Entry Case called for proceedings held before Denis R. Hurley : Final Pretrial Conference held on 12/5/2003. For Plaintiff: Robert Herbst, For Defendant: Paul Millus. Status Conference set for 1/16/2004 03:00 PM before Senior-Judge Sterling Johnson Jr. Paul Millus withdraws as counsel for the County. County Attorney to file appearance. February 2, 2004 jury selection adjourned. Parties to discuss settlement. (Mierzejewski, (Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Minute Entry Case called for proceedings held before Denis R. Hurley : Final Pretrial Conference held on 12/5/2003. For Plaintiff: Robert Herbst, For Defendant: Paul Millus. Status Conference set for 1/16/2004 03:00 PM before Senior−Judge Sterling Johnson Jr. Paul Millus withdraws as counsel for the County. County Attorney to file appearance. February 2, 2004 jury selection adjourned. Parties to discuss settlement. (Mierzejewski, Elizabeth) (Entered: 12/11/2003)

ORDER that the Final Pretrial Conference is set for 1/16/2004 03:00 PM before Judge Denis R. Hurley. All parties are instructed to attend this conference with the authority to discuss settlement. The trial date is adjourned until a date to be decided at the 1/16/04, conference.. Signed by Judge Denis R. Hurley on 12/5/03. cm(Mierzejewski, Elizabeth) (Entered: 12/11/2003)

Calendar Entry for proceedings held before Denis R. Hurley on 1/16/04 at 3:15 p.m. for Civil Cause for Final Pretrial Conference; Appearances: For pltff.: Robert Herbst, Matthew Brinckerhoff; For deft.: Michael Langer. Case called. Counsel for all sides present. Court recommends settlement amount. Counsel to confer and contact the Court on 1/30/04 at 1:30 p.m. by phone. Jury selection & trial scheduled for 4/19/04 at 9:30 a.m. Jury selection set for 4/19/04 at 9:30 a.m. before Judge Denis R. Hurley; Jury trial set for 4/19/04 at 9:30 a.m. before Judge Denis R. Hurley. Trial anticipated to last three (3) weeks. (Fagan, Linda) (Entered: 01/27/2004)

Letter from Michael J. Langer to Honorable Denis R. Hurley, dated 1/20/04 re: To request that the defts have until Wednesday, 1/28/04, by which time they will inform the Court as to how the defts wish to proceed with respect to whether or not the defts intend to reopen the issue of the defts' concession of liability for the strip searches conducted on pltffs in this matter. (Fagan, Linda) Modified on 2/4/2004 (Fagan, Linda). (Entered: 02/04/2004)

Endorsed ORDER on 77 Letter. Application Granted. ( Signed by Judge Denis R. Hurley on 1/26/04. ) eod #77(Fagan, Linda) (Entered: 02/04/2004)

LETTER MOTION dtd 1/28/04 from Counsel for Defendants to Judge Hurley Regarding: Defendanta wish to clarify their concession of liability with respect to the strip searches conducted on plaintiffs in this matter. (Mierzejewski, Elizabeth) (Entered: 02/05/2004)

ORDER re 78 Letter motion. In accordance with the Court's directions at the 1/16/04, conference, Defendants have submitted a letter regarding their concession of liability. In this letter, Defendants have indicated that they wish to modify their previous concession of liability. Pursuant to that request, Defendants request leave to file a formal clarification of their concessions. The Court will entertain, as a cross motion, a renewed motion to certify a class. With that said, the parties shall adhere to the following schedule: Defendants shall submit their proposed motion on or before 2/17/04. Plaintiffs shall submit their opposition, if any, as well as any cross−motion, on or before 3/5/04, as well as their opposition to any cross motion, on or before 3/22/04; Plaintiffs shall serve their reply with regard to any cross motion on or before 32/9/04; If no cross motion is filed, Defendants shall file all originals, as well as courtesy copies fo the Court on 3/22/04; if a cross motion is filed Plaintiffs shall file all originals, as well as courtesy copies for the Court, on or before 3/29/04.. Signed by Judge Denis R. Hurley on 1/29/04. cm(Mierzejewski, Elizabeth) (Entered: 02/05/2004)

MEMORANDUM in Opposition re 82 MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

REPLY in Support re 82 MOTION to Certify Class by Stuart Moskowitz, Francis O'Day. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

MEMORANDUM in Support re 82 MOTION to Certify Class by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

MEMORANDUM in Support re 82 MOTION to Certify Class by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

LETTER MOTION dtd 3/22/04 from Counsel for Defendants to Judge Hurley Regarding Request that this Court allow the plaintiffs to file all submissions with the Court on the motion and cross motion on 3/29/04.. (Mierzejewski, Elizabeth) (Entered: 03/29/2004)

ORDER Granting the 80 Letter Motion that the Court allow the plaintiffs to file all submissions with the Court on the motion and cross−motion on 3/29/04.. Signed by Judge Denis R. Hurley on 3/23/04. cm (Mierzejewski, Elizabeth) (Entered: 03/29/2004)

MOTION for an order allowing the defendants; concession of liability to exist only as to the searches that are governed by the decision in Sham v. Ellison,52F.Supp. 2d. 564(EDNY1999), aff'd, 273 F.#d 56 (2d Cir.2001) Nassau County V. Shain 503 U.S. 1083 (2002). by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

AFFIDAVIT of Paul Millus in Support of the 86 Notice (Other), Notice (Other) by Joseph Jablonsky, Jane/John Does 1−200, Nassau County, Nassau County Sheriff's Department. (Mierzejewski, Elizabeth) (Entered: 04/07/2004)

LETTER dtd 3/30/04 from Counsel for plaintiff to Judge Hurley Regarding: Enclosed Exhibit 1 to the reply memorandum of law filed and served yesterday in support of plaintiffs' cross motion for class certification.. (Mierzejewski, Elizabeth) (Entered: 04/05/2004)

Letter dated 8/17/04 from Spencer Freedman to Hon. Denis R. Hurley re: Writing to bring a decision the Second Circuit has recently vacated regarding a preliminary injunction agst. the County of Orange in a class action on behalf of individuals subjected to a routine strip search policy at a county jail. (Dachille, Patti) (Entered: 09/03/2004)

ORDER denying 82 Motion to Certify Class and granting 86 Defendants' Motion to Clarify Concession of Liability.. Signed by JudgeDenis R. Hurley on 08/20/04. (Ott, Christopher) Additional attachment(s) added on 10/4/2004 (Fagan, Linda). (Entered: 08/20/2004)

Minute Entry for proceedings held before Denis R. Hurley : Interim Pretrial Conference held on 10/1/2004. (Court Reporter OWEN WICKER.) (Best, Patricia) (Entered: 10/01/2004)

Letter from Spencer Freedman to Matthew D. Brinckerhoff, Esq.; Jeffrey G. Smith, Esq.; Esther Miller, Esq., dated 10/4/04 re: To inform counsel' about what transpired at the 10/1/04 status conference in the above−referenced matter. (Fagan, Linda) (Entered: 10/18/2004)

Letter from Deputy County Attorney Liora M. Ben−Sorek to Judge Hurley Regarding defendant's request to adjourn trial for purpose of conducting discovery and because of conflicting schedule. (Ben−Sorek, Liora) (Entered: 11/03/2004)

Letter from Robert L. Herbst to Hon. Denis R. Hurley Regarding County's requests for discovery period and adjournment of trial date. (Herbst, Robert) (Entered: 11/19/2004)

Email Test − DO NOT REPLY (Mahon, Cinthia) (Entered: 11/24/2004)

Email Test − DO NOT REPLY (Mahon, Cinthia) (Entered: 12/01/2004)

Letter from Deputy County Attorney Liora M. Ben−Sorek to Robert L. Herbst, Esq., Matthew D. Brinckerhoff, Esq. and Jeffrey G. Smith, Esq., counsel for the respective plaintiffs, Regarding confirmation of conference before Hon. Denis R. Hurley on January 5, 2005 conference at 11:00 a.m.. (Ben−Sorek, Liora) (Entered: 12/30/2004)

Letter from Nassau County Attorney Lorna B. Goodman to Hon. Denis R. Hurley Regarding background information for conference to be held on Wednesday, January 5, 2005. (Ben−Sorek, Liora) (Entered: 01/03/2005)

Letter from Robert L. Herbst to The Honorable Denis R. Hurley, dated 1/3/05 re: To advise the Court with regard to settlement negotiations, that it appears the primary obstacle to settlement at this juncture is the County's reticence to stipulate to the individual named pltffs' right to appeal the Court's denial of class certification after judgment is entered purs. to a settlement agreement. (Fagan, Linda) (Entered: 01/06/2005)

Minute Entry for proceedings held before Denis R. Hurley : Settlement Conference held on 1/5/2005. (Court Reporter Harry Rapaprt.) (Best, Patricia) (Entered: 01/05/2005)

ORDER DISMISSING CASE without prejudice. Signed by Judge Denis R. Hurley on 1/11/2005. (Best, Patricia) (Entered: 01/11/2005)