Case: Marriott v. Montgomery County

5:03-cv-00531 | U.S. District Court for the Northern District of New York

Filed Date: April 29, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 29, 2003, a person represented by a group of private attorneys from New York and D.C. law firms filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the North District of New York, challenging the jail admission policy of the Montgomery County Sheriff's Department. The policy, known as a "change-out" procedure, required that each admittee to be placed in the Montgomery County Jail had to remove his/her clothes, shower and then change in…

On April 29, 2003, a person represented by a group of private attorneys from New York and D.C. law firms filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the North District of New York, challenging the jail admission policy of the Montgomery County Sheriff's Department. The policy, known as a "change-out" procedure, required that each admittee to be placed in the Montgomery County Jail had to remove his/her clothes, shower and then change into jail garb, all while a corrections officer conducted a visual inspection of the admittee's naked body. Plaintiff maintained that the "change-out" procedure amounted to an unconstitutional blanket strip search in violation of the Fourth Amendment, as it required all individuals to go through the procedure, regardless of the crime for which they were charged and without the presence of reasonable suspicion to believe that the individuals were concealing weapons or contraband. Plaintiff sought declaratory and injunctive relief, monetary and punitive damages, and class certification. Defendants, the County and the Sheriff, answered by generally denying all allegations.

Years of intense litigation, extensive discovery and motion practice followed. On March 25, 2005, the District Court (District Judge David N. Hurd) granted plaintiff's motion to certify the class and preliminarily enjoined defendants from using the change-out search procedure. Defendants' motion for summary judgment was denied. Judge Hurd also refused to allow defendants' insurance carrier to intervene in the case. Marriott v. County of Montgomery, 227 F.R.D. 159 (N.D. N.Y. 2005). Defendants appealed and the Second Circuit affirmed. Marriott v. County of Montgomery, 2005 WL 3117194 (2d Cir. Nov. 22, 2005).

After their attempt at summary judgment was denied, defendants moved to limit the plaintiffs' damages under the Prison Litigation Reform Act, 42 U.S.C. 1997e(e), and moved to dismiss the claims against the Sheriff and County officials in their official capacity. By order dated October 14, 2005, Judge Hurd refused to apply the PLRA to the case, but dismissed the official capacity claims. Claims against the individual defendants in their individual capacity remained, as did the claims against the County. Defendants' motion for partial summary judgment on plaintiffs' claims for compensatory damages, punitive damages, and attorney fees was denied.

Plaintiffs moved for partial summary judgment against the County and the Sheriff on the issue of liability and sought to make the Court's injunction permanent. They also requested an award of interim attorneys' fees for plaintiffs' counsel. Those motions were granted by Judge Hurd on April 12, 2006. Marriott v. County of Montgomery, 426 F. Supp.2d 1 (N.D. N.Y. Apr 12, 2006). That day, Judge Hurd also referred the case to Magistrate Judge David E. Peebles to make a final attempt at settlement. After protracted negotiations, the case was settled.

Under the Settlement Agreement approved by the Court on May 14, 2007, the County agreed to pay $2 million to settle all class claims. Of that amount, $600,000 (30%) was awarded to class counsel, and administrative fees and bonuses to named plaintiffs were paid, leaving $1.3 million to pay class claims on a pro-rata basis. Attorneys estimated 1650 class members existed and that each claimant would receive between $2000 and $3000 each.

We have no information indicating any post-settlement material activity occurred in the case.

Summary Authors

Dan Dalton (1/29/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5391594/parties/marriott-v-county-of-montgomery/


Judge(s)

Hurd, David N. (New York)

Peebles, David E. (New York)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Attorneys(s) for Defendant

Francoeur, Joseph L. (New York)

Marangas, Theresa B. (New York)

Judge(s)

Hurd, David N. (New York)

Peebles, David E. (New York)

Attorneys(s) for Plaintiff

Barnett, Alexander E. (New York)

Keach, Elmer Robert III (New York)

Mason, Gary E. (District of Columbia)

Menken, Bruce E. (New York)

Rozger, Jason J. (New York)

Schneider, Charles A. (District of Columbia)

Attorneys(s) for Defendant

Francoeur, Joseph L. (New York)

Marangas, Theresa B. (New York)

Expert/Monitor/Master

Hyland, Thomas W. (New York)

Documents in the Clearinghouse

Document

5:03-cv-00531

Docket [PACER]

Marriott v. County of Montgomery

July 19, 2007

July 19, 2007

Docket
1

5:03-cv-00531

Class Action Complaint

April 29, 2003

April 29, 2003

Complaint
25

5:03-cv-00531

Order [re: Motion to Dismiss]

Marriott v. County of Montgomery

Oct. 24, 2003

Oct. 24, 2003

Order/Opinion

5:03-cv-00531

40700

Montgomery County Sheriff's Office Corrections Division Policy and Procedures - Subject - Admissions

Marriot v. County of Montgomery

No Court

Nov. 25, 2003

Nov. 25, 2003

Discovery Material/FOIA Release
35

5:03-cv-00531

Order [re: Motion to Compel]

Marriott v. County of Montgomery

Dec. 23, 2003

Dec. 23, 2003

Order/Opinion
56

5:03-cv-00531

Order [re: Discovery]

Marriott v. County of Montgomery

Feb. 17, 2004

Feb. 17, 2004

Order/Opinion
66

5:03-cv-00531

Stipulation and Protective Order on Inmate Admission Records

Marriott v. County of Montgomery

March 11, 2004

March 11, 2004

Order/Opinion
109-1

5:03-cv-00531

Statement of Material Facts

Marriott v. County of Montgomery

Aug. 6, 2004

Aug. 6, 2004

Pleading / Motion / Brief
129

5:03-cv-00531

First Amended Class Action Complaint

Oct. 4, 2004

Oct. 4, 2004

Complaint
151

5:03-cv-00531

Memorandum-Decision and Order

Marriott v. County of Montgomery

March 25, 2005

March 25, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5391594/marriott-v-county-of-montgomery/

Last updated May 20, 2022, 1:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 67628 ; Service deadline 6/28/03 for Sue Buddles, for John Pecora, for Kevin Snell, for Jeffrey Smith, for Michael Amato, for Montgomery Co/Sherif, for County of Montgomery (wbl) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

219

MEMORANDUM-DECISION & ORDER & PERMANENT INJUNCTION: that pltfs' motion for partial summary judgment as to the liability of the County is GRANTED; pltfs' motion to preclude the testimony of George M. Camp is GRANTED; pltfs' motion for a permanent injunction is GRANTED; defts are PERMANENTLY ENJOINED from conducting a strip search, as set forth in the Jail's "change out" procedure, w/regard to all persons being placed into the custody of the Montgomery County Jail aft er being charged w/misdemeanors, violations, violations of probation or parole, traffic infractions or other minor crimes, or held on civil matters, w/o reasonable suspicion that such persons are secreting contraband and/or weapons; pltfs' motio n for an interim award of attys' fees & expenses against the County is GRANTED; pltfs shall file & serve, on or before 4/26/2006, an appropriate application for interim attys' fees & expenses for work performed up to 4/26/2006; defts may file & serve a response on or before 5/10/2006; the application will be taken on submit; & defts' motion for a COA is DENIED. Signed by Judge David N. Hurd on 4/12/2006. (see)

April 12, 2006

April 12, 2006

RECAP

SUMMONS(ES) issued for County of Montgomery, Montgomery Co/Sherif, Michael Amato, Jeffrey Smith, Kevin Snell, John Pecora, Sue Buddles (wbl) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

General Order 25 Filing Order Issued; Conference set before Magistrate Judge David E. Peebles in Syracuse, Status Conference at 11:30 8/21/03 , Deadline for filing Case Management Plan, 8/7/03 , ADR Track Case. (wbl) (Entered: 04/30/2003)

April 29, 2003

April 29, 2003

2

LETTER/REQUEST dated 5/16/03 and ORDER; Letter addressed to MJ Peebles from Elena DeFio, Esq.; Counsel requestss that the Court give all named defts. until 6/30/03 to answer the compalint; So Ordered ( Signed by MJ Peebles 5/20/03 ) (kcl) (Entered: 05/21/2003)

May 20, 2003

May 20, 2003

Atty. Joseph Francoeur will be representing the Defts. in this action. However, he is not admitted in this district yet. Atty. Francoeur advised that he is admitted in the SDNY & will be sending in the paperwork today to be admitted in this district. (sal) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

11

NOTICE OF MOTION by Thomas W. Hyland, Esq., for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery to Dismiss , Hearing set for 10:00 a.m. on 10/24/03 Motion returnable before Judge/Mag. Judge: David N. Hurd. This motion was received by the Court on 9/23/03, but is considered filed as of 7/17/03, pursuant to the CJRA Reporting requirements instituted 3/1/00. (jel) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 09/24/2003)

July 17, 2003

July 17, 2003

4

LETTER by Thomas Hyland, Esq. on behalf of defts. County of Montgomery, Montgomery Co/Sherif, Michael Amato, Jeffrey Smith, Kevin Snell, John Pecora, Sue Buddles pursuant to Local Rule 7.1(b) regarding Motion: Dismiss Date Served upon counsel: 7/17/03 (kcl) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

5

Letter REQUEST dd 7/28/03 and ORDER by Elmer Keach, III, Esq for the pltf, requesting to Extend Time to file pltf's responding papers to the defts' Motion to Dismiss and request for preliminary injunction for 10 days, until 8/21/03 and requests that defts receive an additional 10 days to reply-defts' do not oppose request; So Ordered. (signed by Judge David N. Hurd) (see) (Entered: 07/31/2003)

July 31, 2003

July 31, 2003

16

NOTICE OF CROSS MOTION by Jason J. Rozger, Esq., for Paul Marriott for Preliminary Injunction , Hearing set for 10:00 a.m. on 10/24/03. This motion was received by the court on 9/23/03, but is considered filed as of 8/21/03, pursuant to the CJRA Reporting requirements instituted 3/1/00. (jel) (Entered: 09/24/2003)

Aug. 21, 2003

Aug. 21, 2003

Tele-conference held (kcl) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

6

Minute entry of Telephone conference before MJ Peebles; App: Elmer Keach, Bruce Menkin and Jason Rozger, Esqs. for pltf., Joseph Francoer and Theresa Marangas, Esqs. for defts., Clerk C. McNulty; Parties discussed the motions that are pending before Judge McCurn; Staying the action was discussed and MJ Peebles told the parties he would not stay discovery; He also stated that he would not hold the Rule 16 conference until the motions are decided and adjourned it to 10:30 12/18/03 , Deadline for filing Case Management Plan, 12/8/03 (kcl) (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

7

Scheduling Notice: Letter advising counsel for parties that the Court has reset the Rule 16 conference to 12/18/03 at 10:30 in person, unless permission for a telephonic conference is granted; Notice sent by Cindy McNulty, Judicial Assistant to MJ Peebles (kcl) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 09/11/2003)

Sept. 10, 2003

Sept. 10, 2003

8

Letter dd 9/12/03 by Joseph Francoeur, Esq for the defts, seeking clarification with regard to whether its reply memorandum to its dispositive motion should address pltf's cross-motion for injunctive relief. If so, also seeks confirmation as to whe the combined response is due. (see) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

9

Letter dd 9/15/03 by Jason Rozger, Esq for the pltfs, in response to defts' letter dd 9/12/03. (see) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

10

ORDER that upon consideration of the letter-submissions of the parties, it is ORDERED that defts may file and serve a response to pltfs' cross motion on or before 9/23/03; that pltfs may file and serve a reply, if any, on or before 10/3/03; that the motions are returnable at 10:00 am on 10/24/03 in Albany, NY, at which time oral argument will be heard. (signed by Judge David N. Hurd) (see) (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

11

MEMORANDUM OF LAW by Thomas W. Hyland, Esq., for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery in support of the [11-1] motion to Dismiss (jel) (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

12

Copy of Case law in support [11-1] motion to dismiss. (jel) Additional attachment(s) added on 11/1/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

13

AFFIRMATION along with Exhibit F by Thomas W. Hyland, Esq., for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery Re: in support of the [11-1] motion to Dismiss (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

14

AFFIDAVIT by Jeffrey Smith for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery Re: in support of the [11-1] motion to Dismiss (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

15

AFFIDAVIT along with Exhibits A-E by John F. Pecora for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery Re: in support of the [11-1] motion to Dismiss (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

16

MEMORANDUM OF LAW by Jason J. Rozger, Esq., for Paul Marriott in opposition to the [11-1] motion to Dismiss, in support of the [16-1] cross motion for Preliminary Injunction (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

17

AFFIRMATION by Theresa B. Marangas, Esq., for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery Re: in opposition to the [16-1] cross motion for Preliminary Injunction, in further support of the [11-1] motion to Dismiss (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

18

MEMORANDUM OF LAW by Theresa B. Marangas, Esq., for Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery in opposition to the [16-1] cross motion for Preliminary Injunction, in further support of the [11-1] motion to Dismiss (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

19

Case law submitted by defendants counsel in regards to the motion to dismiss and motion for preliminary injunction. (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 09/24/2003)

Sept. 23, 2003

Sept. 23, 2003

20

REPLY MEMORANDUM OF LAW by Paul Marriott in support of [16-1] cross motion for Preliminary Injunction, and in response to [11-1] motion to Dismiss (wjg) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

21

Letter dd 10/9/03 by Joseph Francoeur, Esq for the defts, requesting that the portions of pltfs' reply dated 10/2/03 to the cross-motion for injunctive relief, which address issues raised in opposition to defts' motion be disregarded. Local Rule 7.1(b)(1) states that "the cross-moving party may reply in further support of the cross-motion with a reply brief", non-moving party is NOT permitted to submit opposition to a motion and a reply to the same motion. Specifically, section II (B) 2 is the only portion that should be considered as appropriate for the pltfs' reply. In the event the Court deems the pltfs' entire reply as appropriate, the defts request an opportunity to serve a sur-reply. (see) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 10/15/2003)

Oct. 14, 2003

Oct. 14, 2003

22

Scheduling Notice advising counsel that the following Motion Hearings have been reset for 10:30 am on 10/24/03 with Oral Argument before Judge Hurd in Albany, NY: pltf's [16-1] cross motion for Preliminary Injunction and deft's [11-1] motion to Dismiss . (Signed by CRD Craig Minor) (see) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 10/17/2003)

Oct. 16, 2003

Oct. 16, 2003

Discovery hearing held (kcl) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

23

Minute entry of Discovery Conference before MJ Peebles; App: Elmer Keach, Bruce menken and Jason Rozger, Esqs. for pltf., Joseph Francoer and Theresa Marangas, Esqs. for deft., Clerk CLM; Pltf. wants to take 30(b)(6) deposition of deft.; Deft. would prefer to meet after 11/5/03 conference has taken place; After further discussion MJ Peebles tells the parties that he is going to issue a short form Order directing the deft. to respond to outstanding discovery by 11/21/03 and also allowing pltf. to take the 30(b)(6) deposition of deft. the week of 12/8/03; the telephone conference set for 12/18/03 remains in effect (kcl) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

24

ORDER that defts are hereby directed to respond in an appropriate fashion either by objecting and/or producing the documents sought to a Rule 34 document discovery request served upon plaintiffs on or about 9/22/03; complaince shall occur on or abefore 11/21/03; thereafter at a mutually convenient date, time, and place during the week of 12/8/03, or such othe time as is mutually agreed; defts shall produce one or moe witnesses to testify in accordance with Rule 30(b)(6) deposition notice also served by plaintiff; on or about 9/22/03; and the Clerk is directed to promptly forward copies of this order to counsel for the parties in this action. ( signed by Magistrate Judge David E. Peebles ) Date Entered: 10/21/03 (mnm) (Entered: 10/22/2003)

Oct. 21, 2003

Oct. 21, 2003

25

ORDER that pursuant to the oral decision of the Court, entered into the record after hearing oral argument on 10/24/03, in Albany, NY, it is hereby Ordered: denying defts' [11-1] motion to Dismiss; defts' motion to deny class status is DENIED, without prejudice; denying pltf's [16-1] cross motion for Preliminary Injunction; deft shall file and serve an Answer to the complaint on or before 11/7/03 for County of Montgomery, Co/Sherif, Michael Amato, Jeffrey Smith, Kevin Snell, John Pecora, Sue Buddles . (signed by Judge David N. Hurd) Date Entered: 10/24/03 (see) (Entered: 10/24/2003)

Oct. 24, 2003

Oct. 24, 2003

26

Minute entry of a Motion Hearing before Judge Hurd on 10/24/03, APPR: Elmer Keach, Esq, Bruce Menken, Esq & Jason Rozger, Esq for the pltf; and Theresa Marangas, Esq & Joseph Fracoeur, Esq for defts. Defts' motion to dismiss (11-1)-DENIED; Pltf's cross motion for injunctive relief (16-1)-DENIED. Summary order to be filed. Defts to file answer by 11/7/03. [10:35-11:00]; Court Clerk: Craig Minor; Court Reporter/ECRO: Theresa Berical (see) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

27

TRANSCRIPT OF PROCEEDINGS (Motion Argument & Decision) filed for the date of 10/24/03 before Judge David N. Hurd in Albany. (jel) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

28

ANSWER to Complaint by Sue Buddles, John Pecora, Kevin Snell, Jeffrey Smith, Michael Amato, Montgomery Co/Sherif, County of Montgomery (Attorney Theresa B. Marangas), (jel) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 11/11/2003)

Nov. 10, 2003

Nov. 10, 2003

29

Minute entry: Discovery Telephone Conf. held before Judge Peebles. Defts. are seeking guidance from the court regarding discovery dispute. Pltf. has requested discovery material from April 2000 to the present that contains social security numbers, dates of birth, and criminal charges of certain individuals. Defts. advise that there are approximately 2500 requests all together and are willing to give up the names and addresses of the individuals, but there are privacy issues. Pltf. states that it would be hard to locate these individuals w/out this information if they relocate. Judge sets up briefing schedule. Pltf's. brief is due on 12/5/03 (5 page limit, not including attachments). Defts'. brief is due 12/12/03 (5 page limit, not including attachments). If there is to be a reply, this is due on 12/16/03 (3 page limit). In-person discovery conf. scheduled for 12/18/03 at 10:00 a.m.. Rule 16 Conf. will follow. set Pretrial Conference for 10:00 12/18/03 APP: Bruce Menken, Esq., Jason Rozger, Esq. Joseph Francour, Esq. & Theresa Marangas, Esq.. Clerk: Shelly Lazzaro (sal) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

30

Scheduling Notice: an in-person discovery conference has been scheduled for December 18, 2003 at 10:00 a.m. before Judge Peebles. This conference will be held in Courtroom 7 on the 10th floor of the U.S. Courthouse in Syracuse, New York. A briefing schedule has been set up as follows: plaintiff's brief is due on 12/5/03 (5 page limit, not including attachments); defendants' brief is due on 12/12/03 (5 page limit, not including attachments); and if there is a reply to be filed, this will be due on 12/16/03 (3 page limit). All of these letter briefs can be submitted by facsimile, however, an original must follow by regular mail. After the discovery conference is held, a Rule 16 conference will be conducted on that same day, December 18, 2003. The parties are directed to file their Civil Case Management Plan with the court at least ten (10) business days in advance of that date. (sal) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

31

LETTER BRIEF submitted by Attorney Bruce Menken on behalf of plaintiff regarding outstanding discovery issues discussed during the 12/1/03 telephone conf. before Judge Peebles. (sal) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

32

Proposed Civil Case Management Plan Submitted by Theresa Marangas, Esq. on behalf of the defendants. (sal) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

33

Proposed Civil Case Management Plan Submitted by Elmer Keach, Esq. on behalf of plaintiff. (sal) Additional attachment(s) added on 11/8/2005 (see, ). (Entered: 12/10/2003)

Dec. 10, 2003

Dec. 10, 2003

34

LETTER BRIEF dated 12/12/03; Letter addressed to MJ Peebles from Joseph Francouer, Esq., counsel for defts. Letter is in regard to privacy concerns defts. raised during pltfs demand for individuals' personal information on the 12/1/03 telephone conference; Attached Exhibit A (kcl, ) Additional attachment(s) added on 12/16/2003 (kcl, ). (Entered: 12/16/2003)

Dec. 12, 2003

Dec. 12, 2003

35

ORDER: Plaintiff's motion to compel discovery is granted conditionally; w/in 60 days defts. shall produce to pltfs counsel the information set within paragraph 2 of the ordered section herein; So Ordered. Signed by Judge David E. Peebles on 12/23/03. (kcl, ) (Entered: 12/29/2003)

Dec. 23, 2003

Dec. 23, 2003

37

LETTER BRIEF dated 12/16/03 by Bruce Menken, Esq. for pltf. Paul Marriott in furhter support of motion to compel; Attached Exhibit A (kcl, ) (Entered: 12/29/2003)

Dec. 23, 2003

Dec. 23, 2003

36

ORDER: Any motion by pltf. for class certification in this case shall be filed before District Judge Hurd by 5/14/03; Signed by Judge David E. Peebles on 12/24/03. (kcl, ) (Entered: 12/29/2003)

Dec. 24, 2003

Dec. 24, 2003

38

Minute Entry of Discovery Conference held before Judge David E. Peebles; App: Elmer Keach, Esq. for pltf., Joseph Francoer, and Theresa Marangas, Esqs. for defts., Clerk SAL; Discovery Hearing held on 12/29/2003. (Tape #2003-44.) (kcl, ) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

39

Minute Entry of Rule 16 confernece before Judge David E. Peebles; App: Elmer Keach, Esq. for pltf., Joseph Francoeur, Esq. and Theresa Marangas, Esq. for deft.s, clerk SAL; Initial Pretrial Conference held on 12/29/2003. Next telephone confernece set for 3/31/04 at 3:30, defts. atty to initiate (kcl, ) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

41

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2weeks. Preferred Trial Location: Albany. Joinder of Parties due by 9/3/2004. Amended Pleadings due by 9/3/2004. Discovery due by 12/31/2004. Motions to be filed by 2/28/2005. Trial Ready Deadline is 4/29/2005.. Signed by Judge David E. Peebles on 12/29/03. (kcl, ) (Entered: 12/30/2003)

Dec. 29, 2003

Dec. 29, 2003

42

TRANSCRIPT of Proceedings held on 12/18/03 before Judge Judge Peebles. (kcl, ) (Entered: 01/15/2004)

Jan. 15, 2004

Jan. 15, 2004

43

Minute Entry of Discovery Conference held before Judge David E. Peebles; App: Elmer Keach, Esq. for pltf., Bruce Menken, Esq. for pltf., Joseph Francouer and Theresa Marangas, Esqs. for deft., Clekr CLM; Discovery Hearing held on 1/16/2004. (kcl, ) (Entered: 01/16/2004)

Jan. 16, 2004

Jan. 16, 2004

44

LETTER/NOTICE dated 1/6/03 by Theresa Marangas, Esq., counsel for defts. Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell; Counsel requests MJ Peebles' assistance Re: the proposed Confidentiality Agreement (kcl, ) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

45

LETTER/NOTICE dated 1/7/04; Letter addressed to MJ Peebles from Elmer Keach, Esq., counsel for pltf. Paul Marriott; Counsel requests that a Discovery conference be set (kcl, ) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

46

LETTER/NOTICE dated 1/15/04; Letter addressed to MJ Peebles from Joseph Francoeur, Esq.; Counsel requests the Court's input re: Discovery (kcl, ) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

47

LETTER/NOTICE dated 1/15/04; LEtter addressed to MJ Peebles from Elmer Keach, Esq.; Counsel requests that the Court Compel the testimony of Mr. Robinson and deny defts. Protective Order (kcl, ) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

48

LETTER BRIEF 1-23-04 by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell in response to the issue of whether deposition discovery should be limited to individuals who were assiged to booking/admissions. (Marangas, Theresa) Modified on 1/26/2004, description of brief. (see) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

49

First MOTION to Compel Physical Inspection and compliance with Rule 30(b)(6) deposition by Paul Marriott. (Attachments: # 1 Affidavit counsel's affirmation in support of motion to compel discovery)(Keach, Elmer) (Entered: 01/23/2004)

Jan. 23, 2004

Jan. 23, 2004

50

LETTER BRIEF by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Attachments: # 1 Affidavit)(Marangas, Theresa) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

52

LETTER BRIEF Providing Supplemental Case Authority by Paul Marriott. (Keach, Elmer) (Entered: 01/31/2004)

Jan. 31, 2004

Jan. 31, 2004

53

AFFIDAVIT re 50 LETTER BRIEF filed on 1/30/04 by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Marangas, Theresa) (Entered: 02/02/2004)

Feb. 2, 2004

Feb. 2, 2004

54

ORDER APPROVING WAIVER OF POTENTIAL CONFLICT; the Affidavits of Douglas Landon, Esq., Montgomery County Attorney, Sheriff Michael Amato, John Pecora, Kevin Snell, Jeffrey Smith, Richard Denton, and Lt. Buddles have provided the Court w/ sufficient notice of potential conflict; the Aforementioned Affidavits, as well as their Counsel's letters to them are to be filed under seal w/ the Court; . Signed by Judge David E. Peebles on 2/4/04. (kcl, ) (Entered: 02/09/2004)

Feb. 4, 2004

Feb. 4, 2004

55

SEALED DOCUMENT - maintained in Clerk's Office and not available for electronic viewing; Affidaivts of: D. Landon, M. Amato, J. Pecora, K. Snell, J. Smith, R. Denton, S. Buddles (kcl, ) (Entered: 02/09/2004)

Feb. 4, 2004

Feb. 4, 2004

57

Minute Entry for Digitally recorded discovery conference held before Judge David E. Peebles : Discovery Hearing held on 2/12/2004. (Tape #2004-21.) (kcl, ) (Entered: 02/19/2004)

Feb. 12, 2004

Feb. 12, 2004

56

ORDER granting 49 Motion to Compel under certain conditions listed within; Pltfs request for an order compelling the production of a further 30(b)(6) deposition of witness on behalf of the County is denied; Pltfs request for a protective order limiting the pltf. in his ability to conduct depositions is denied without prejudice; Pltfs application for award of costs is denied without prejudice. Signed by Judge David E. Peebles on 2/17/04. (kcl, ) (Entered: 02/18/2004)

Feb. 17, 2004

Feb. 17, 2004

58

Letter from Elmer Robert Keach, III for Paul Marriott requesting Discovery Conference Scheduling Time for Physical Inspection. (Keach, Elmer) (Entered: 02/23/2004)

Feb. 23, 2004

Feb. 23, 2004

59

LETTER BRIEF Judge Peebles letter brief re: inspection time by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Francoeur, Joseph) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

60

LETTER BRIEF Judge Peebles Letter Brief re: inspection time WITH ATTACHMENTS by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Attachments: # 1 Keach letter re: inspection time# 2 Affidavit)(Francoeur, Joseph) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

61

Letter from Elmer Keach for Paul Marriott requesting Confirming Conferernce with Court on March 4, 2004. (Keach, Elmer) (Entered: 02/24/2004)

Feb. 24, 2004

Feb. 24, 2004

63

Minute Entry for proceedings held before Judge David E. Peebles : Discovery Hearing held on 3/4/2004. (Tape #2004-28.) (kcl, ) (Entered: 03/08/2004)

March 4, 2004

March 4, 2004

64

ORDER: It is ordered that the inspection that is to be conducted pursuant to MJ Peeble's 2/17/04 Order, shall occur 3/10/04 between the Hours of 12:00 noonand 1:00pm. Signed by Judge David E. Peebles on 3/5/04. (kcl, ) (Entered: 03/09/2004)

March 5, 2004

March 5, 2004

65

STIPULATION executed by all parties submitted by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Attachments: # 1 Enclosure letter of Stipulation and Protective Order to be So Ordered)(Marangas, Theresa) (Entered: 03/10/2004)

March 10, 2004

March 10, 2004

66

PROTECTIVE ORDER. Signed by Judge David E. Peebles on 3/11/04. (kcl, ) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

67

STIPULATION for Site Inspection to be So Ordered by Magistrate Peebles by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Attachments: # 1 Enclosure letter of Stipulation for Site Inspection)(Marangas, Theresa) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

68

STIPULATION AND ORDER FOR SITE INSPECTION. Signed by Judge David E. Peebles on 3/28/04. (kcl, ) (Entered: 03/29/2004)

March 29, 2004

March 29, 2004

69

Minute Entry of Telephone Conference held before Judge David E. Peebles on 3/31/2004. Case status discussed, parties are making progress with discovery, deft raised an issue regarding lead counsel being unavailable from 4/23/04 to 7/8/04 and requests a moratorium on discovery for that period, plaintiff opposes request, MJ Peebles provided guidance on this issue but did not make a ruling concerning it, next telephone conference set for 7/20/04 at 4:00 PM, plaintiff to initiate. App: Elmer R. Keach, III, Esq., Jason Rozger, Esq., Joseph L. Francoeur, Esq., Theresa Marangas, Esq., Court Clerk: Cindy McNulty; Time: 3:30-3:45 PM (jmb) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

70

SCHEDULING ORDER: setting the next Telephone Conference set for 7/20/2004 at 4:00 PM before Magistrate Judge Peebles. (Atty for plaintiff shall initiate the call.) Signed by Judge David E. Peebles on 3/31/04. (jmb) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

72

Minute Entry for telephone discovery conference held before Judge David E. Peebles on 4/19/04: APP: Bob Keach, Esq., Theresa Marangas, Esq., & Joseph Francour, Esq.. Defendants would like to stay discovery pending the return of Attorney Franceour who will be out of the country until July. MJ Peebles told the parties that he would not stay discovery at least in part to preclude depositions be taken and dispositive motions being filed. Defendants request discovery responses from plaintiffs prior to the deposition of Mr. Marriott whose deposition will be scheduled the beginning of May. Atty. Keach stated that he would produce those responses to defendants. Defendants stated that they would like to amend their answer. They will provide a copy of the amended answer to plaintiffs and if the parties cannot stipulate then MJ Peebles gave defendants permission to file a motion to amend. (sal, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

71

Letter from Elmer Keach for Paul Marriott requesting Leave to File a Brief in Excess of 25 Pages. (Keach, Elmer) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

73

LETTER BRIEF in response to plaintiff's request to file an overlength brief by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Marangas, Theresa) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

74

ORDER that Defts. request made during a conf. held on 4/19/04 for a partial stay in this action be DENIED, w/out prejudice to Defts. right to request that any dispositive motion filed in counsel's absence be adjourned by District Judge David N. Hurd until his return, in which case it will be the decision of Judge Hurd as to whether or not such a request, if made, will be granted. Signed by Judge David E. Peebles on 4/21/04. (sal, ) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

75

Letter request dd 4/19/2004 by Elmer Keach, III, Esq for the pltf, requesting leave of Court to file an overlength brief not to exceed 40 pages to its combined motion for class certification, partial summary judgment, and prelimiary injunction; So ORDERED. Signed by Judge David N. Hurd on 4/23/2004. (see) (Entered: 04/27/2004)

April 23, 2004

April 23, 2004

76

Letter request and in response to document 75 dd 4/20/2004 by Theresa Marangas, Esq for the defts, requesting leave of Court to file an overlength brief, not to exceed 40 pages in length; So ORDERED. Signed by Judge David N. Hurd on 4/23/2004. (see) (Entered: 04/27/2004)

April 23, 2004

April 23, 2004

77

Minute Entry for proceedings held before Judge David E. Peebles : Telephone Conference held on 5/4/2004. APP: Elmer Keach, III, Esq., Jason Rozger, Esq. & Bruce Menken, Esq. for Pltf. & Theresa Marangas, Esq. & Richard Porter, Esq. for Defts.. Deposition is scheduled for a non-party witness on May 6th. After arguments are heard from counsel, Judge sets up a briefing schedule. Defts. letter brief is due by 5/14/04. Pltfs. letter brief is due by 5/21/04. Both letter briefs are limited to 5 pages excluding attachments. Judge gives parties permission to submit documents for in camera review if necessary. Judge will review these submissions once submitted to see if further argument is necessary. Parties would like an extension of the ddl. to file motion for class certification. Judge extends this ddl. to May 28th. (sal, ) (Entered: 05/05/2004)

May 4, 2004

May 4, 2004

78

ORDER that the request made by plaintiff's counsel during a telephone conf. held on 5/4/04 before Magistrate Judge Peebles for an extension of the deadline to file a motion for class certification is granted. The deadline to file a motion for class certification is extended to May 28, 2004. Signed by Judge David E. Peebles on 5/5/04. (sal, ) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

79

LETTER BRIEF by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell. (Attachments: # 1)(Marangas, Theresa) (Entered: 05/14/2004)

May 14, 2004

May 14, 2004

80

CERTIFICATE OF SERVICE by Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell re 79 LETTER BRIEF (Marangas, Theresa) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

81

LETTER BRIEF Letter brief in response to Defendants' letter brief of May 14, 2004 by Paul Marriott. (Attachments: # 1 Exhibit Exhibit A)(Rozger, Jason) (Entered: 05/21/2004)

May 21, 2004

May 21, 2004

82

Letter from Elmer R. Keach, III for Paul Marriott requesting Enlargement of Time for One Business Day to File Class Certification and Preliminary Injunction Motion Papers , On Consent . (Keach, Elmer) (Entered: 05/27/2004)

May 27, 2004

May 27, 2004

**[83] MOTION to Amend/Correct Complaint was STRICKEN FROM THE COURT'S RECORD PER ORDER 95 OF MJ PEEBLES DATED 6/9/04** Modified on 10/13/2004 to remove document (cbm, ). (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

84

MOTION to Certify Class Motion Hearing set for 7/23/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/6/2004 Reply to Response to Motion due by 7/12/2004. Motion Hearing set for 7/23/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/6/2004 Reply to Response to Motion due by 7/12/2004. by Paul Marriott. (Attachments: # 1 Affidavit Affirmation of Jason Rozger# 2 Exhibit Ex. A - Proposed amended complaint# 3 Exhibit Ex. B - Search Policies)(Rozger, Jason) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

85

MOTION to Certify Class Motion Hearing set for 7/23/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/6/2004 Reply to Response to Motion due by 7/12/2004. Motion Hearing set for 7/23/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/6/2004 Reply to Response to Motion due by 7/12/2004. by Paul Marriott. (Attachments: # 1 Exhibit Ex. D - Admissions Policies# 2 Exhibit Ex. E - Pecora affidavit# 3 Exhibit Ex. F - 30(b)(6) deposition notice# 4 Exhibit Ex. G - Order of 2 17 04# 5 Exhibit Ex. H - 30(b)(6) Transcript Day 1# 6 Exhibit Ex. I - 30(b)(6) Transcript Day 2# 7 Exhibit Ex. J - Sue Buddles Transcript)(Rozger, Jason) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

86

LETTER BRIEF Memorandum of Law in Support of Class Certification by Paul Marriott. (Keach, Elmer) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

87

MOTION to Certify Class Motion Hearing set for 7/23/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/6/2004 Reply to Response to Motion due by 7/12/2004. Motion Hearing set for 7/23/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/6/2004 Reply to Response to Motion due by 7/12/2004. by Paul Marriott. (Attachments: # 1 Exhibit Ex M - Dora Hurd deposition# 2 Exhibit Ex. O - Table of SS Offenses# 3 Exhibit Ex. P - Booking Officer Post Order# 4 Exhibit Ex. Q - Kahler order on prelim. app.# 5 Exhibit Ex. R - Calvin v. Sheriff# 6 Exhibit Ex. S - Bynum v. DC# 7 Exhibit Ex. T - Gary v. Sheahan# 8 Exhibit Ex. U - Tyson v. City of NY# 9 Exhibit Ex. V - Eddleman v. Jefferson# 10 Exhibit Ex. W - Marriott Affidavit# 11 Exhibit Ex. X - Davis Affidavit# 12 Exhibit Ex. Y - Ashline Affidavit# 13 Exhibit Ex. Z - Owens v. Delaware# 14 Exhibit Ex. AA - Lewis v. Gagne# 15 Exhibit Ex. EE - Def. letter brief 12 17 03)(Rozger, Jason) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

89

Letter request dd 6/1/2004 by Theresa Marangas, Esq for the defts, jointly requesting to extend the motion dates to the 88 MOTION to Certify Class as follows: 1) return date of 8/27/2004 at 10:00 am in Albany, 2) defts' opposition/cross motion to be filed by 8/6/2004, and 3) pltf's reply to be filed by 8/20/2004; So Ordered.Signed by Judge David N. Hurd on 6/2/2004. (see) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

Set/Reset Deadlines as to 87 MOTION to Certify Class. Response to Motion due by 8/6/2004 Reply to Response to Motion due by 8/20/2004. Motion Hearing set for 8/27/2004 10:00 AM in Albany before Judge David N. Hurd. (see) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

90

Amended MOTION to Certify Class Refiled to Substitute for Docket Entries 84 through 88 Motion Hearing set for 8/27/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 8/10/2004 Reply to Response to Motion due by 8/16/2004. Motion Hearing set for 8/27/2004 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 8/10/2004 Reply to Response to Motion due by 8/16/2004. by Paul Marriott. (Attachments: # 1 Memorandum of Law # 2 Affidavit of Jason Rozger In Support of Class Certification# 3 Proposed Amended Complaint (Ex. A)# 4 MCJ Search Policies (Ex. B)# 5 Sheriff's Annual Reports (Ex. C)# 6 MCJ Admissions Policies (Ex. D)# 7 Affidavit of John Pecora (Ex. E)# 8 Plaintiff's 30(b)(6) Notice (Ex. F)# 9 Order of USMJ Peebles, Feb. 17, 2004 (Ex. G)# 10 Deposition of John Pecora, Day One (Ex. H)# 11 Deposition of John Pecora, Day Two (Ex. I)# 12 Deposition of Sue Buddles (Ex. J)# 13 Deposition of Richard Denton (Ex. K)# 14 Deposition of Donald Gardner (Ex. L)# 15 Deposition of Dora Hurd (Ex. M)# 16 Deposition of Aaron Robinson (Ex. N)# 17 Table of Strip Searchable Offenses (Ex. O)# 18 Booking Area Post Order (Ex. P)# 19 Prelininary Approval Order, Kahler v. County of Rensselaer (Ex. Q)# 20 Unreported Decision -- Calvin v. Sheriff of Will County (Ex. R)# 21 Unreported Decision -- Bynum v. District of Columbia (Ex. S)# 22 Unreported Decision -- Gary v. Sheahan (Ex. T)# 23 Bench Decision on Class Certification -- Tyson v. City of New York (Ex. U)# 24 Unreported decision -- Eddleman v. Jefferson Co. (Ex. V)# 25 Marriott Affidavit (Ex. W)# 26 Davis Aff. (Ex. X)# 27 Ashline Aff. (Ex. Y)# 28 Unreported Decision -- Owens v. County of Delaware (Ex. Z)# 29 Unreported Decision -- Unreported Decision -- Ierardi v. lorillard (Ex. CC)# 32 Unreported Decision -- Wilton Partners v. Gallagher (Ex. DD)# 33 Letter Brief of Defendants, Dec. 17, 2003 (Ex. EE))(Keach, Elmer) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

91

ORDER Granting the 82 Letter Request filed by Paul Marriottto file the class certificationand preliminary injunction papers on 6/1/04. Signed by Judge David E. Peebles on 6/2/04. (jlm) (Entered: 06/03/2004)

June 2, 2004

June 2, 2004

92

LETTER REQUEST to Amend/Correct Docket entries 84 through 88 . by Paul Marriott.(Rozger, Jason) Modified on 6/4/2004 (sal, ). (Entered: 06/03/2004)

June 3, 2004

June 3, 2004

CLERK'S CORRECTION OF DOCKET ENTRY : Docket number 92 was corrected due to Attorney Rozger filing it as a motion when in fact it is a letter request. (sal, ) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

93

Letter for Michael Amato, Sue Buddles, County of Montgomery, Montogomery County Sheriff's Department, John Pecora, Jeffrey Smith, Kevin Snell requesting rejection of plaintiffs' motion papers electronically filed as Document Number 83, or in the alternative, a court conference. (Marangas, Theresa) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

94

Letter from Elmer Keach for Paul Marriott requesting Motion Conference with the Court Regarding Request for Permissive Intervention. (Keach, Elmer) (Entered: 06/09/2004)

June 9, 2004

June 9, 2004

95

DOCUMENT REJECTION ORDER as to Plaintiff returning Motion to Amend Complaint; Document rejected due to non-compliance with with LR 7.1(b); Document [83] is stricken without prejudice from the record and will not be considered. Signed by Judge David E. Peebles on 6/9/04. (kcl, ) (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 29, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons in US who have been or will be placed into the custody of the Montgomery County Jail, and were or will be strip searched upon entry. Class period begins 4/29/2000 & extends to date on which strip searches without reasonable suspicion cease.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Montgomery (Montgomery), County

Montgomery County Sheriff's Department (Montgomery), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 0

Issues

General:

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run