Case: McDaniel v. Schenectady County

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. The County of Schenectady

McDaniel v. County of Schenectady

McDaniel v. County of Schenectady

COMPLAINT against all defendants ( Filing fee $ 150 receipt number 75057.), filed by Lessie Lee Davies, Nichole Marie McDaniel.(wjg, ) (Entered: 06/29/2004)

G.O. 25 FILING ORDER ISSUED Initial Conference set for 11/3/2004 10:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 10/25/2004. (wjg, ) (Entered: 06/29/2004)

Summons Issued as to Harry Buffardi, Robert Elwell Sr., Gordon Pollard, The County of Schenectady. (wjg, )

ANSWER to Complaint by Harry Buffardi, Robert Elwell Sr., Gordon Pollard, The County of Schenectady.(Greagan, William) (Entered: 08/09/2004)

CLERK'S CORRECTION OF DOCKET ENTRY Attorney William Greagan added for Defendants pursuant to filing of 3 Answer to Complaint (amt, )

CIVIL CASE MANAGEMENT PLAN by Lessie Lee Davies, Nichole Marie McDaniel. (Keach, Elmer) (Entered: 09/10/2004)

CIVIL CASE MANAGEMENT PLAN Amended after Conference by Lessie Lee Davies, Nichole Marie McDaniel. (Keach, Elmer) (Entered: 10/25/2004)

Letter from Elmer Keach for Lessie Lee Davies, Nichole Marie McDaniel requesting Discovery and Motion Conference on November 3, 2004. (Attachments: # 1 Unreported Wright Decision)(Keach, Elmer) (Entered: 10/26/2004)

TEXT ORDER: A Rule 16 Conference is scheduled for November 3, 2004. The parties are required under Fed. R. Civ. P. 26(f) to meet and confer before the Rule 16 Conference and then submit a joint civil case management plan. Rather than comply with that directive and the recommendation from this Court's Chambers, the Court has received separate case management plans with superfluous statements as well as correspondence to the effect of either noncompliance with the Federal Rules or a lack of a consensus in the plan. Then a subsequent case management plan is submitted with no consensus on any point reflected therein. In this respect both parties have failed to comply with the Federal Rules and this Court's expectations. THIS NONSENSE SHALL CEASE IMMEDIATELY. The personal animus between the litigators will not be tolerated by this Court in any form or fashion. There are other provisions of the Federal Rules and the Local Rules which require the parties to confer in good faith before invoking the Court's intervention, and this Court will hold the parties to such requirements. This is a warning: Failure to do so may lead to Sanctions.Further, by a letter dated October 26, 2004, Plaintiffs' Counsel has asked for a discovery conference as a part of the Rule 16 Conference. At this late juncture, there is not enough time allotted for the Conference to address the discovery disputes. A subsequent discovery conference may be required. Nonetheless, the Plaintiffs' Counsel is required to provide to this Court further case law to support Plaintiffs'position on or before November 3, 2004. The Defendants' Counsel is required to provide a written response to the Plaintiffs' letter with case law to support their positions on or before November 3, 2004. SO ORDERED.(Treece, Randolph) (Entered: 10/27/2004)

LETTER BRIEF Addressing Pending Disputes over Protective Orders by Lessie Lee Davies, Nichole Marie McDaniel. (Keach, Elmer) (Entered: 11/03/2004)

Minute Entry for proceedings held before Judge Randolph F. Treece : Elmer Keach, Esq., William Greagan, Esq., Jason Rozger, Esq.;Initial Pretrial Conference held on 11/3/2004; Parties opt out of ADR Program; deadlines set; Order to be issued. (rzh, ) (Entered: 11/16/2004)

LETTER BRIEF by Harry Buffardi, Robert Elwell Sr., Gordon Pollard, The County of Schenectady. (Greagan, William) (Entered: 11/05/2004)

LETTER BRIEF In Response to Defendants' 11.05.04 Submission and Addressing Amendment of Complaint by Lessie Lee Davies, Nichole Marie McDaniel. (Keach, Elmer) (Entered: 11/08/2004)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 30. Preferred Trial Location: Albany. Joinder of Parties due by 4/1/2005. Discovery due by 10/15/2004. Motions to be filed by 1/15/2006. Trial Ready Deadline is 1/15/2006. Signed by Judge Randolph F. Treece on 11/29/04. (tab) (Entered: 11/30/2004)

TEXT ORDER: Both parties made applications seeking either a protective order or discovery. Both parties filed letter-memoranda with the Court in support of their respective application. On November 30, 2004, a telephonic hearing, on the record, was held, wherein the parties were given further opportunity to supplement their respective arguments. After considering all arguments made, and due deliberation being given, this Court entered Rulings, on the record, addressing both of the discovery issues presently before the Court, and further advising the parties that no written decision will be forthcoming. Therefore, it is hereby ORDERED, that the parties are directed to following the Court's Rulings, as set forth on the record. SO ORDERED.(Treece, Randolph) (Entered: 11/30/2004)

Letter from Elmer Keach for Lessie Lee Davies, Nichole Marie McDaniel requesting Discovery Conference. (Keach, Elmer) (Entered: 12/01/2004)

Letter for Harry Buffardi, Robert Elwell Sr., Gordon Pollard, The County of Schenectady requesting Denying Plaintiff's Request for Conference. (Greagan, William) (Entered: 12/02/2004)

NOTICE & ORDER re: scheduled Hearing: Hearing to address discovery issues and behavior of litigators set for 12/9/2004 09:30 AM in Albany before Magistrate Judge Randolph F. Treece. (wjg, ) (Entered: 12/03/2004)

ORDER re: Discovery deadlines . Signed by Judge Randolph F. Treece on 12/9/04. (tab) (Entered: 12/13/2004)

Letter from Elmer Keach for Lessie Lee Davies, Nichole Marie McDaniel requesting Discovery Conference. (Attachments: # 1 Stipulation and Protective Order re: Jail Inspection from Marriott Action# 2 Defendants' 12.20.04 letter addressing Jail Inspection# 3 Order from Judge Peebles regarding production of booking sheets in Marriott# 4 Protective Order relative to booking sheets in Marriott)(Keach, Elmer) (Entered: 12/23/2004)

Letter for Harry Buffardi, Robert Elwell Sr., Gordon Pollard, The County of Schenectady requesting Denial of plaintiff's request for discovery conference. (Attachments: # 1 Attachment - Plaintiff's Proposed Stipulation for Site Inspection# 2 Attachment - December 16th email correspondence from plaintiff# 3 Attachment - December 20th correspondence from defendants' counsel# 4 Attachment - December 20th Email correspondence from plaintiff's counsel# 5 Attachment - December 20th correspondence from defendants' counsel# 6 Attachment - December 20th correspondence from plaintiff's counsel)(Greagan, William) (Entered: 12/24/2004)

NOTICE of Hearing: Telephonic Discovery Conference (on the record) set for 1/7/2005 04:00 PM in Albany before Magistrate Judge Randolph F. Treece. (tab) (Entered: 12/28/2004)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Confirming briefing schedule and requesting consideration of two other issues during 1.6.05 discovery conference. (Keach, Elmer) (Entered: 01/03/2005)

LETTER BRIEF Addressing Jail Inspection and Production of Booking Records by Nichole Marie McDaniel, Lessie Lee Davies. (Attachments: # 1 Exhibit A -- Unreported Babbitt Decision# 2 Exhibit B -- Plaintiffs' Initial Submission on Booking Sheets -- Marriott# 3 Exhibit C -- Defendants' Responding Submission on Booking Sheets -- Marriott# 4 Exhibit D -- Plaintiffs' Reply Submission on Booking Sheets -- Marriott# 5 Exhibit E -- Defendants' Surreply Submission on Booking Sheets -- Marriott# 6 Exhibit F -- Lessie Davies Booking Record# 7 Exhibit G -- Unreported Melendez decision# 8 Exhibit H -- Montgomery Co. Sheriff's Department Annual Reports)(Keach, Elmer) (Entered: 01/05/2005)

LETTER BRIEF supplementing prior submission with court transcript from Marriott action by Nichole Marie McDaniel, Lessie Lee Davies. (Attachments: # 1 Marriott Transcript -- 12.18.03)(Keach, Elmer) (Entered: 01/05/2005)

LETTER BRIEF in response to plaintiff's 12/23/04 and 1/3/05 letters to the Court by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Greagan, William) (Entered: 01/05/2005)

TEXT NOTICE of Hearing: Discovery Hearing set for 1/7/2005 at 03:45 PM before Magistrate Judge Randolph F. Treece. Due to another request to resolve outstanding discovery disputes, this Court previously scheduled a discovery hearing for 1/7/2005 at 4:00 p.m. to be conducted by telephone conference. However, after reviewing the parties' voluminous and often rehased arguments, and further recalling the disagreeable and intemperate nature of previous oral arguments, whether by phone or in person, this Court has decided to rescind the courtesy of a telephonic conference and now requires the parties' respective attorney's PERSONAL APPEARANCE in order to address the discovery issues at hand. Furthermore, the time of the hearing has been changed from 4:00 p.m. to 3:45 p.m. FAILURE TO APPEAR MAY SUBJECT THE ATTORNEYS TO SANCTIONS. NO EXCUSES WILL BE CONSIDERED. Treece, Randolph)

Minute Entry for proceedings held before Judge Randolph F. Treece : Appearances: Elmer Keach, Esq.; William Greagan, Esq.; Discovery Hearing held On the Record 1/6/2005. (rzh, )

ORDER extending deadline to move for class certification until 4/30/05. Signed by Judge Randolph F. Treece on 1/10/05. (tab) (Entered: 01/10/2005)

PROTECTIVE ORDER. Signed by Judge Randolph F. Treece on 1/11/05. (tab) (Entered: 01/11/2005)

TRANSCRIPT of Proceedings held on November 30, 2004 before Judge Randolph F. Treece (telephone conference). Court Reporter: Theresa Casal. (tab) (jel, ). (Entered: 01/12/2005)

Letter from William J. Greagan for The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr requesting An Order from the Court stating that attorney-client privilege and the work product doctrine are inapplicable to the factual information requested and directing plaintiffs to fully and completely respond to the defendants' interrogatories before depositions of any employee of Schenectady County Jail are conducted.. (Greagan, William) (Entered: 01/14/2005)

MOTION an Order pursuant to Rule 72 of the Federal Rules of Civil Procedure and Rule 72 of the Local Rules of the Northern District of New York reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking records for all misdemeanor arrestees for the period June 29, 2001 through June 29, 2004, or in the alternative, reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking records for all misdemeanor arrestees for the period June 29, 2001 through June 29, 2004 and permitting the defendant to make a formal motion for a protective order regarding the disclosure of the booking records, together with such other and further relief as to the Court seems just and proper re 23 LETTER BRIEF, 24 LETTER BRIEF, Notice of Hearing,,,, 25 Order, 26 Protective Order, 18 Letter Request,, 19 Letter Request,,, 20 Notice of Hearing, 21 Letter Request, 22 LETTER BRIEF,, Motion Hearing set for 3/17/2005 10:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 2/28/2005 Reply to Response to Motion due by 3/7/2005. by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Statement of Record on Appeal# 2 Affirmation in Support of Objection# 3 Memorandum of Law in Support of Objections to Magistrate's Ruling# 4 Westlaw Attachments# 5 Cover Letter to Clerk# 6 Certificate of Service)(Greagan, William) (Entered: 01/20/2005)

LETTER BRIEF In Response to Defendants' Request to Compel Production of Identification of Witnesses by Nichole Marie McDaniel, Lessie Lee Davies. (Attachments: # 1 1.10.05--email from Defendants' Counsel# 2 mti technologies decision# 3 US v. District Council decision# 4 Williams v. McCausland decision)(Keach, Elmer) (Entered: 01/26/2005)

NOTICE of Appearance by Jason J. Rozger on behalf of all plaintiffs (Rozger, Jason) (Entered: 01/28/2005)

NOTICE of Appearance by Bruce E. Menken on behalf of all plaintiffs (Menken, Bruce) (Entered: 01/28/2005)

MOTION for Summary Judgment Motion Hearing set for 3/3/2005 10:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 2/14/2005 Reply to Response to Motion due by 2/22/2005. by Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Affidavit of William J. Greagan# 2 Exhibit(s) A to Affidavit of William J. Greagan# 3 Exhibit(s) B of Affidavit of William J. Greagan# 4 Exhibit(s) C of Affidavit of William J. Greagan# 5 Exhibit(s) D - Transcript Part 1# 6 Exhibit(s) D - Transcript - Part 2# 7 Affidavit of Harry Buffardi# 8 Affidavit of Gordon Pollard# 9 Affidavit Robert Elwell# 10 Statement of Material Facts # 11 Memorandum of Law # 12 Exhibit(s) Westlaw Citation Part 1# 13 Exhibit(s) Westlaw Citation Part 2# 14 Certificate of Service)(Greagan, William) (Entered: 01/31/2005)

Letter from William J. Greagan for The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr requesting leave to make motion for the sanction of dismissing the claims of plaintiff Nichole Marie McDaniel pursuant to Rules 26 and 37 of the Federal Rules of Civil Procedure. (Greagan, William) (Entered: 02/01/2005)

TEXTORDER: Defendants seek permission to serve and file a Motion to Dismiss pursuant to Rules 26 and 37. See re 34 Letter Request, filed by The County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi. Therefore, the Plaintiffs shall serve and file a very brief response to this letter request by Friday, February 4, 2005, at 4:00 p.m. Upon the receipt of the Plaintiffs' letter, the Court may schedule a telephone conference. Signed by Judge Randolph F. Treece on 2/1/05. (Treece, Randolph)

Letter from Plaintiffs for Lessie Lee Davies requesting On consent, extension of Plantiff's time to respond to Defendants' objections to Magistrate Judge Treese's January 10, 2005 order to March 5, 2005. (Rozger, Jason) (Entered: 02/02/2005)

Letter from William J. Greagan for Harry Buffardi, Gordon Pollard, Robert Elwell, Sr requesting leave to refile Statement of Facts with citations. (Greagan, William) (Entered: 02/04/2005)

NOTICE of Hearing: Discovery Hearing set for 2/9/2005 04:00 PM in Albany before Magistrate Judge Randolph F. Treece. (lmd, )

LETTER BRIEF Responding to Defendants' Submission on Nichole McDaniel and Requesting Motion Conference with the Court by Nichole Marie McDaniel, Lessie Lee Davies. (Keach, Elmer) (Entered: 02/07/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Opposing Defendants' Request for Leave to File Amended Statement of Material Fact on Basis that Underlying Motion is Untimely. (Keach, Elmer) (Entered: 02/07/2005)

RESPONSE TO LETTER BRIEF filed by Harry Buffardi, Gordon Pollard, Robert Elwell, Sr as to 33 Motion for Summary Judgment,,, filed by Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, 34 Letter Request, filed by The County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, Order,,, 12 Uniform Pretrial Scheduling Order,, 36 Letter Request filed by Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, 37 LETTER BRIEF filed by Nichole Marie McDaniel,, Lessie Lee Davies,, 38 Letter Request filed by Nichole Marie McDaniel,, Lessie Lee Davies,. (Attachments: # 1 Text Order of Magistrate Treece and Mr. Keach's February 6, 2005 letter)(Greagan, William) (Entered: 02/07/2005)

TEXT ONLY ORDER - On January 20, 2005, Defendants filed an appeal of a magistrate's decision with a motion return date of March 17, 2005. See dkt. no. 29. On January 31, 2005, Defendants filed a motion for summary judgment upon the grounds that the court lacks personal jurisdiction with a motion return date of March 3, 2005. See dkt. no. 33. On February 2, 2005, plaintiffs filed a request, with consent of the defendants, to extend the response deadline of the pending appeal of a magistrate's decision until March 5, 2005. See dkt. no. 35. On February 4, 2005, Defendants filed a request to refile their statement of material facts for the facts lacked the citations to the record required by Local Rule 7 of this district. See dkt. no. 36. On February 7, 2005, Plaintiffs filed an opposition to Defendants' request for leave to file an amended statement of material facts. Plaintiffs cite that the motion for summary judgment is untimely and patently frivolous. Plaintiffs further contend that the defendants did not seek their consent to this request and ask the court to strike the pending motion for failure to comply with the local rules. See dkt. no. 38. On February 7, 2005, Defendants filed a reply to plaintiffs' opposition. Defendants claim the motion for summary judgment seeks dismissal of the complaint for many reasons, not just jurisdictional grounds. Defendants further state that the scheduling order was not electronically filed until November 30, 2004, whoich would have given the defendants until January 31, 2005 to file the pending motion for summary judgment. Defendants conclude with a request to the court that it exercise its discretion under Rule 6 of the Federal Rules of Civil Procedure for an enlargement of time to January 31, 2005. In the interest of judicial economy, the appeal of the magistrate's decision and the motion for summary judgment will be placed upon U.S. District Judge Gary L. Sharpe's motion calendar for the same motion return date. IT IS ORDERED, that the motion return dates of March 3, 2005 and March 17, 2005 are hereby ADJOURNED. The appeal of the magistrate's decision and the motion for summary judgment have been schedule for a motion return on June 23, 2005 at 9:00 a.m. before U.S. District Judge Gary L. Sharpe. IT IS FURTHER ORDERED, that Plaintiff's 35 request to extend the response deadline for the appeal of the magistrate's decision until March 5, 2005 is GRANTED. The response deadline to the pending motion for summary judgment is extended until March 5, 2005. The reply deadline for the motion for summary judgment is extended until March 19, 2005. A reply to the response to the appeal of the magistrate's decision will not be allowed without prior written permission of this court. IT IS FURTHER ORDERED, that Plaintiffs are to submit within (7) seven days of this text order, a one (1) page letter indicating their reasons, why the granting of the defendants' request to amend their statement of material facts would be prejudicial. Issued by Judge Gary L. Sharpe on 2/8/2005. (jel, )

ORDER RE: Discovery issues. Signed by Judge Randolph F. Treece on 2/9/05. (tab) (Entered: 02/10/2005)

Minute Entry for proceedings held before Judge Randolph F. Treece : Elmer R. Keach, Esq.; William J. Greagan, Esq.; Discovery Hearing held on the record on 2/9/2005. (rzh, )

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Withdrawing Objection To Submission of Amended Statement of Material Fact. (Keach, Elmer) (Entered: 02/22/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Enlargement of Time for Taking of Nichole McDaniel's Deposition On Consent. (Keach, Elmer) (Entered: 02/22/2005)

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nichole Marie McDaniel, Lessie Lee Davies re 40 Order On Work Product Issues Motion Hearing set for 4/8/2005 09:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 3/22/2005 Reply to Response to Motion due by 3/28/2005. (Attachments: # 1 Affirmation of Elmer Keach# 2 Exhibit A to Keach Affirmation -- 01.15.05 Letter from William Greagan to Court, with enclosures# 3 Exhibit B to Keach Affirmation -- 01.26.05 Letter from Elmer Keach to Court# 4 Exhibit C to Keach Affirmation -- 02.09.05 Discovery Order# 5 Exhibit D to Keach Affirmation -- MTI Technologies Decision# 6 Exhibit E to Keach Affirmation -- Williams Decision# 7 Exhibit F to Keach Affirmation -- US v. District Council Decision# 8 Memorandum of Law)(Keach, Elmer) (Entered: 02/25/2005)

Reset Deadlines as to 29 MOTION an Order pursuant to Rule 72 of the Federal Rules of Civil Procedure and Rule 72 of the Local Rules of the Northern District of New York reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking pursuant to the February 8, 2005 text order; Response to Motion due by 3/5/2005; Reply is not permitted. Motion Hearing set for 6/23/2005 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, )

Set/Reset Deadlines as to 33 MOTION for Summary Judgment pursuant to the February 8, 2005 text order. Response to Motion due by 3/5/2005 Reply to Response to Motion due by 3/19/2005. Motion Hearing set for 6/23/2005 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, )

TEXT ORDER ONLY - On January 20, 2005, Schenectady filed an appeal of a Magistrate Judge's decision with a return date of March 17, 2005. See Dkt. No. 29. On January 31, Schenectady also filed a motion for summary judgment with a return date of March 3, 2005. See Dkt. No. 33. To conserve judicial economy, the court issued a February 8, text order rescheduling the foregoing motions to a new return date of June 23, 2005 at 9:00 a.m. and setting a response deadline of March 5, 2005. The reply deadline for the Rule 56 motion was set for March 22, 2005 while no reply papers were allowed for the appeal of a magistrate judge's decision in accordance with Local Rule 7.1(b)(2). On February 25, McDaniel also filed an appeal of a Magistrate Judge's Decision setting a return date of April 8, 2005, a response deadline of March 22, 2005 and a reply deadline of March 28, 2005. See Dkt. No. 43. The selected return date of April 8, does not comply with this court's regularly scheduled motion return dates. Therefore, IT IS ORDERED that the return date of April 8 for McDaniel's appeal is adjourned and rescheduled for June 23, 2005 at 9:00 a.m. The response deadline for this appeal remains set for March 22, 2005. The reply deadline of March 28, 2005 is terminated as there is no reply permitted pursuant to Local Rule 7.1(b)(2). Parties are advised to schedule the return dates of their future motions in accordance with this court's motion calendar. Response to Motion due by 3/22/2005 Motion Hearing set for 6/23/2005 at 09:00 AM in Albany before Judge Gary L. Sharpe.. Signed by Judge Gary L. Sharpe on 2/28/2005. (jel, )

AMENDED DOCUMENT by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. Amendment to 41 Letter Request, 33 MOTION for Summary Judgment, 36 Letter Request Amended Statement of Material Facts. (Attachments: # 1 Certificate of Service)(Greagan, William) (Entered: 03/01/2005)

Letter from William J. Greagan for The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr requesting that the plaintiffs' objections dated February 25, 2005 to Magistrate Treece's February 10, 2005 Order be rejected as untimely.. (Greagan, William) (Entered: 03/01/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Responding to Claim by Defendants that Recent Appeal from Judge Treece's Discovery Ruling is Untimely. (Keach, Elmer) (Entered: 03/02/2005)

MEMORANDUM OF LAW re Set Motion and R&R Deadlines/Hearings,, 29 Motion for Miscellaneous/Other Relief,,,,,, Order,,,,,,,,,,,, filed by Nichole Marie McDaniel. (Attachments: # 1 Affirmation of Jason J. Rozger# 2 Exhibit(s) A, Marriott v. Montgomery County Order# 3 Exhibit(s) B, Bruce v. Rensselaer County Order# 4 Exhibit(s) C, Transcript of Proceedings Before Magistrate Treece# 5 Exhibit(s) D, Hinds v. GE# 6 Exhibit(s) E, In Re Avon Securities Litig.# 7 Exhibit(s) F, Deposition Transcript of County of Schenectady)(Rozger, Jason) (Entered: 03/05/2005)

RESPONSE to Motion re 33 MOTION for Summary Judgment filed by Nichole Marie McDaniel, Lessie Lee Davies. (Attachments: # 1 Statement of Material Fact# 2 Affirmation of Elmer Keach# 3 Exhibit A to Keach Affirmation -- Scheduling Order# 4 Exhibit B to Keach Affirmation -- Transcript of Robert Elwell# 5 Exhibit D to Keach Affirmation -- Conkin Decision)(Keach, Elmer) (Entered: 03/05/2005)

Letter from William J. Greagan for The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr requesting Order staying further discovery pending resolution of the motions returnable on June 23, 2005. (Attachments: # 1 Exhibit(s) Letter from Maria Morris)(Greagan, William) (Entered: 03/08/2005)

TEXT ORDER: Defendants have asked this Court to stay all discovery pending resolution of the discovery appeal and other motions to be heard by the District Court on June 23, 2005. See re 49 Letter Request, filed by The County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi. Within the request, Defendants informed the Court that the Plaintiffs have not abided by any of the direction within this Court's Order, dated February 9, 2005. Particularly, and as an example, the Plaintiffs have not supplemented, within the allotted time frame, their interrogatory responses as directed by the Court on at least two occasions. The Court will not stay discovery but will permit the Defendants the right to file a Motion to Compel and to Seek Sanctions for failing to abide by a Court Order and to comply with discovery. The Motion may also seek a dismissal of Ms. McDaniel's complaint and/or preclusion of her testimony for her failure to appear twice at her deposition. Within the Notice of Motion, the Defendants shall disclose that this Court granted permission to file such a Motion to Compel and/or Sanctions. SO ORDERED. Signed by Judge Randolph F. Treece on 3/8/05. (Treece, Randolph) (Entered: 03/08/2005)

TRANSCRIPT of Discovery Proceedings held on January 7, 2005 before Judge Randolph F. Treece. (ban) (jel, ). (Entered: 03/14/2005)

TRANSCRIPT of Discovery Proceedings held on February 9, 2005 before Judge Randolph F. Treece. (ban) (jel, ). (Entered: 03/14/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Providing Exhibit C to Keach Affirmation in Opposition to Defendants' Motion for Partial Summary Judgment on service issues. (Attachments: # 1 Exhbit C to Keach Affirmation in Opposition to Motion for Summary Judgment -- Sch. Co. Strip Search Policies)(Keach, Elmer) (Entered: 03/15/2005)

SUMMONS Returned Executed by Nichole Marie McDaniel, Lessie Lee Davies. The County of Schenectady served on 7/19/2004, answer due 8/8/2004; Harry Buffardi served on 7/19/2004, answer due 8/8/2004; Gordon Pollard served on 7/19/2004, answer due 8/8/2004; Robert Elwell, Sr served on 7/19/2004, answer due 8/8/2004. (Keach, Elmer) (Entered: 03/16/2005)

REPLY to Response to Motion re 33 MOTION for Summary Judgment filed by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Exhibit(s) Exhibit A# 2 Exhibit(s) Exhibit B# 3 Exhibit(s) Exhibit C# 4 Exhibit(s) Exhibit D# 5 Memorandum of Law # 6 Certificate of Service)(Greagan, William) (Entered: 03/22/2005)

AFFIDAVIT in Opposition re 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nichole Marie McDaniel, Lessie Lee Davies re 40 Order On Work Product Issues filed by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Memorandum of Law # 2 Certificate of Service)(Greagan, William) (Entered: 03/24/2005)

MOTION for Sanctions Pursuant to FRCP 37 Motion Hearing set for 5/6/2005 10:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 4/19/2005 Reply to Response to Motion due by 4/25/2005. by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Affidavit of William J. Greagan# 2 Exhibit(s) A# 3 Exhibit(s) B# 4 Exhibit(s) C# 5 Exhibit(s) D# 6 Certificate of Service)(Greagan, William) (Entered: 04/05/2005)

TEXT MINUTE ORDER - On April 5, 2005, Defendants' filed a Motion for Sanctions Pursuant to FRCP 37. See Dkt. No. 57. This motion was inadvertently made returnable before this court on May 6, 2005 at 10:00 a.m. instead of being made returnable before Magistrate Judge Treece. Therefore, the above pending motion is referred to Judge Treece. Issued by Judge Gary L. Sharpe on 4/6/2005. (jel, )

MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment pursuant to Rule 56 dismissing that part of plaintiffs' complaint seeking compensatory damages, together with such other and further relief as to the Court may seem just and proper. Motion Hearing set for 6/23/2005 10:00 AM in Albany before Judge Gary L. Sharpe. Response to Motion due by 6/6/2005 Reply to Response to Motion due by 6/13/2005. by The County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Affidavit # 2 Exhibit(s) A# 3 Exhibit(s) B# 4 Exhibit(s) C# 5 Exhibit(s) D# 6 Exhibit(s) E# 7 Exhibit(s) F-Part 1# 8 Exhibit(s) F-Part 2# 9 Exhibit(s) F-Part 3# 10 Exhibit(s) F-Part 4# 11 Exhibit(s) G-Part 1# 12 Exhibit(s) G-Part 2# 13 Memorandum of Law # 14 Statement of Material Facts # 15 Certificate of Service)(Greagan, William) (Entered: 04/22/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting That Defendants' Motion for Leave to Amend Complaint and for Partial Summary Judgment be Stricken from the Record for Failure to Comply with the Local Rules regarding Non-dispositive Motions. (Attachments: # 1 Supplement Unreported Decision -- United States v. Elliott)(Keach, Elmer) (Entered: 04/25/2005)

ORDER/NOTICE Settlement Conference set for 5/17/2005 09:30 AM in Albany before Magistrate Judge Randolph F. Treece. Signed by Judge Randolph F. Treece on 4/26/05. (tab) (Entered: 04/27/2005)

TEXT ONLY ORDER - On April 22nd, Defendants filed a motion to amend answer/for partial summary judgment dismissing the part of plaintiffs' complaint seeking compensatory damages. See Dkt. No. 58. On April 25th, plaintiffs filed a letter requesting the court to strike defendants' motion for failure to comply with the local rules regarding non-dispositive motions. See Dkt. No. 59. Traditionally, it is common practice of the District Court and especially this court, to handle non-dispositive motions that are coupled with pending dispositive motions. Therefore, plaintiffs' response to the pending motion is to be filed on or before June 6th. Defendants' reply, if any, is to be filed on or before June 13th. Issued by Judge Gary L. Sharpe on 4/28/2005. (jel, )

TEXT ONLY NOTICE of Hearing regarding the 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment: Motion Hearing has been reset for 6/23/2005 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, )

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Discovery Conference with Court. (Keach, Elmer) (Entered: 05/27/2005)

TEXT NOTICE AND ORDER: The Plaintiffs have asked this Court to convene a conference to discuss discovery matters. See Dkt. No. 61 Letter Request filed by Nichole Marie McDaniel,, Lessie Lee Davies. In order to set up a conference to discuss these matters, the Court directs the parties to advise the Court of their availability for a telephone conference during the week ending June 3, 2005, who will be participating, the telephone number by which they can be reached and, if there are more than four parties participating in the telephonic conference, who has the capability of initiating the conference call. Second, the Plaintiffs raised another issue concerning the pending Motion for Sanctions. This Court does not recall the Motion being held in abeyance for any reason nor can it locate any such notice or order by this Court to that effect. The Court notes however that the Motion was file on April 5, 2005 (Dkt. No. 57) and the Plaintiffs' time to repond was set at April 19, 2005. From the docket and the record, it appears that the Plaintiffs had not responded by April 19, 2005. It is also the Court's recollection that the request to hold a settlement conference did not occur prior to April 19, 2005, but after that date, as this Court issued a notice of a settlement conference on April 26, 2005. By the time the request for a settlement conference was being made, it appears that the Plaintiffs had already defaulted. It is the Court's recollection that only the issuance of an order on the Motion was being held in abeyance until the settlement conference, and not the opportunity for the Plaintiffs to respond. Therefore, it appears that the Plaintiffs are mistaken as to the status of this Motion. Therefore, another issue to be discussed during this conference will be whether the Plaintiffs have a right to serve and file a belated opposition to the Motion for Sanctions. The parties should be prepared to address this. Furthermore, the Court directs the Defendant to provide a written response to Plaintiffs' May 27, 2005 Letter. Upon receiving Defendant's correspondence and being apprised of the parties availability, this Court will set up a telephonic conference. Signed by Judge Randolph F. Treece on 5/27/05. (Treece, Randolph)

RESPONSE TO LETTER BRIEF filed by County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr as to Order,,,,,,,,,. (Greagan, William) (Entered: 06/01/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Confirming Telephone Conference with Court for Thursday, June 2, 2005 at 3:30 PM. (Keach, Elmer) (Entered: 06/01/2005)

TEXT ORDER A telephonic conference to discuss discovery matters is set for June 2, 2005 at 3:30 p.m. The conference call will be initated by Charles LaDuca. Signed by Judge Randolph F. Treece on 6/1/05. (sn)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting One Day Enlargement of Time to File Response and Reply Papers Regarding Defendants' Motion for Leave to Amend and Partial Summary Judgment On Consent. (Keach, Elmer) (Entered: 06/02/2005)

TEXT ORDER: The Plaintiffs ask this Court to intervene to help resolve a discovery issue. Dkt. No. 61 Letter Request filed by Nichole Marie McDaniel,, Lessie Lee Davies. Pursuant to a Text Order, the parties filed letter-memoranda addressing these outstanding issues. See Dkt. Nos. 63 Letter Request filed by Nichole Marie McDaniel,, Lessie Lee Davies, and 62 RESPONSE TO LETTER BRIEF filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi. On June 2, 2005, the Court held a telephonic conference, on the record, and the parties were given further opportunity to be heard. With regard to the discovery issue, the parties have conferred and agreed upon a deposition schedule of the non-party witnesses, and therefore, this issue need not be addressed by the Court. As to the issue of whether the Plaintiff McDaniel may participate in the class in the event that she is dimissed from the action as Lead Plaintiff, the parties shall submit a brief letter-memorandum to address this point of law as follows: (1) Plaintiffs shall serve and file their letter-memorandum on or before June 9, 2005; and, (2) the Defendants shall serve and file their letter-memorandum on or before June 15, 2005. No other letters on this issue shall be authorized. SO ORDERED. Signed by Judge Randolph F. Treece on 6/2/05. (Treece, Randolph)

LETTER REQUEST dated 6/2/2005 and ORDER regarding the 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment Response to Motion due by 6/7/2005 Reply to Response to Motion due by 6/14/2005. Signed by Judge Gary L. Sharpe on 6/3/2005. (jel, ) (Entered: 06/03/2005)

RESPONSE in Opposition re 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment filed by Nichole Marie McDaniel, Lessie Lee Davies. (Attachments: # 1 Exhibit(s) Exhibit A to Keach Affirmation --Plaintiffs' Summons and Complaint# 2 Exhibit(s) Exhibit B -- Unreported Decisions# 3 Statement of Material Facts # 4 Memorandum of Law)(Keach, Elmer) (Entered: 06/07/2005)

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Providing Submission to Court Regarding Supplemental Authority Regarding Nichole McDaniel submitted to Judge Randolph F. Treece. (Keach, Elmer) (Entered: 06/10/2005)

TEXT ORDER: Plaintiff's counsel has belatedly asked Chambers for a one-day extension of time to brief the matter previously discussed regarding McDaniel's participation in the class even if not lead. The Court will grant Plaintiff's request. Plaintiff shall electronically file and serve lt-memorandum no later than 5:00 p.m. on June 10, 2005. Defendant shall have an additional day to respond therewith, and accordingly shall electronically file and serve a response no later than 5:00 p.m. on June 16, 2005. So Ordered. Signed by Judge Randolph F. Treece on 06/10/05. (sn)

REPLY to Response to Motion re 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment filed by County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr. (Attachments: # 1 Exhibit(s) A to Reply Affidavit# 2 Exhibit(s) B to Reply Affidavit# 3 Memorandum of Law Reply Memorandum of Law# 4 Exhibit(s) A, Part 1 to Memorandum of Law# 5 Exhibit(s) A, Part 2 to Memorandum of Law# 6 Statement of Material Facts Defendants' Counter Statement of Material Facts# 7 Certificate of Service)(Greagan, William) (Entered: 06/14/2005)

RESPONSE TO LETTER BRIEF filed by County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr as to 67 Letter Request filed by Nichole Marie McDaniel,, Lessie Lee Davies,, Order,,,,,, 57 Motion for Sanctions, filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,. (Attachments: # 1 Exhibit(s) Warrants and Complaints)(Greagan, William) (Entered: 06/14/2005)

TEXT ONLY NOTICE regarding the 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nichole Marie McDaniel, Lessie Lee Davies re 40 Order On Work Product Issues, 29 MOTION an Order pursuant to Rule 72 of the Federal Rules of Civil Procedure and Rule 72 of the Local Rules of the Northern District of New York reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking r, 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment, 33 MOTION for Summary Judgment: Due to a conflict with the court's calendar, the motion return date of June 23, 2005 at 9:00 a.m. has been ADJOURNED. Motion Hearing has been reset for 8/4/2005 at 09:00 AM in Albany before Judge Gary L. Sharpe. Oral argument will be required unless otherwise notified by the court.(jel, )

Letter from Elmer Keach for Nichole Marie McDaniel, Lessie Lee Davies requesting Adjournment of Oral Argument on Pending Motions Until September 1, 2005 submitted to Judge Gary L. Sharpe. (Keach, Elmer) (Entered: 06/21/2005)

RESPONSE TO LETTER BRIEF filed by County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr as to 70 Letter Request filed by Nichole Marie McDaniel,, Lessie Lee Davies,. (Greagan, William) (Entered: 06/22/2005)

LETTER REQUEST dated 6/21/2005 by Elmer Robert Keach, Esq., and ORDER Hearing regarding the 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nichole Marie McDaniel, Lessie Lee Davies re 40 Order On Work Product Issues, 29 MOTION an Order pursuant to Rule 72 of the Federal Rules of Civil Procedure and Rule 72 of the Local Rules of the Northern District of New York reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking r, 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment, 33 MOTION for Summary Judgment: Motion Hearing has been reset for a special motion calendar of 9/29/2005 at 09:00 AM in Albany before Judge Gary L. Sharpe. Signed by Judge Gary L. Sharpe on 6/22/2005. (jel, ) (Entered: 06/22/2005)

Minute Entry for proceedings held before Judge Randolph F. Treece : Motion Hearing held on the Record on 6/2/2005 re 57 MOTION for Sanctions Pursuant to FRCP 37 filed by County of Schenectady, Gordon Pollard,Robert Elwell, Sr., Harry Buffardi. Appearances: Bob Keach, Esq., Charles DeLuca, Esq., and Bruce Menken, Esq., counsel for Plts.; William Greagan, Esq., counsel for Dfts. Written Order to follow. (Court Reporter None) (rlh)

Reset Deadlines: Discovery due by 10/15/2005 pursuant to the 12 Uniform Pretrial Scheduling Order. This was incorrectly entered on the docket as 10/15/2004. (jel, ) Modified on 7/8/2005 (jel, ).

NOTICE of Change of Address and Firm name by Charles J. LaDuca, Esq. Effective Date 7/1/05 New Address: 507 C. Street, N.E. Washington DC 20002 (tab) (Entered: 07/25/2005)

REPORT AND RECOMMENDATIONS re 57 MOTION for Sanctions Pursuant to FRCP 37 filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi, Objections to R&R due by 8/15/2005. Signed by Judge Randolph F. Treece on 7/21/05. (tab) (Entered: 08/01/2005)

RESPONSE to Motion re 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment to call the Court's attention to the recent decision by Judge Homer in Kelsey v. County of Schoharie, filed by Nichole Marie McDaniel. (Attachments: # 1 Exhibit(s) Kelsey v. County of Schoharie)(Rozger, Jason) (Entered: 09/26/2005)

Upon request of plaintiff's counsel, TEXT NOTICE of Hearing on Motion 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nichole Marie McDaniel, Lessie Lee Davies re 40 Order On Work Product Issues, 74 REPORT AND RECOMMENDATIONS re 57 MOTION for Sanctions Pursuant to FRCP 37 filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, 29 MOTION an Order pursuant to Rule 72 of the Federal Rules of Civil Procedure and Rule 72 of the Local Rules of the Northern District of New York reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking r, 57 MOTION for Sanctions Pursuant to FRCP 37, 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment, 33 MOTION for Summary Judgment: Motion Hearing has been resset for 9/29/2005 at 10:30 AM in Albany before Judge Gary L. Sharpe. (jel, )

Letter Motion from William J. Greagan for County of Schenectady, Harry Buffardi, Gordon Pollard, Robert Elwell, Sr requesting That the Court not ender an Order with respect to the PLRA decision until all parties have had an opportunity to brief the appealability issue submitted to Judge Gary L. Sharpe. (Greagan, William) (Entered: 09/29/2005)

Minute Entry for proceedings held before Judge Gary L. Sharpe : CRD: John Law; Motion Hearing held on 9/29/2005 re 58 MOTION for Partial Summary Judgment An Order Pursuant to Rules 15 of the Federal Rules of Civil Procedure Allowing Defendants to Amend their Answer, and after be granted leave to amend, granting defendants' motion for partial summary judgment filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi, 33 MOTION for Summary Judgment filed by Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nichole Marie McDaniel, Lessie Lee Davies re 40 Order On Work Product Issues filed by Nichole Marie McDaniel,, Lessie Lee Davies,, 29 MOTION an Order pursuant to Rule 72 of the Federal Rules of Civil Procedure and Rule 72 of the Local Rules of the Northern District of New York reversing so much of the Magistrate's Order dated January 10, 2005, as compels production of booking r filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, 74 REPORT AND RECOMMENDATIONS re 57 MOTION for Sanctions Pursuant to FRCP 37 filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi,, 57 MOTION for Sanctions Pursuant to FRCP 37 filed by County of Schenectady,, Gordon Pollard,, Robert Elwell, Sr., Harry Buffardi; Appearances Made: Bob Keach and Jason Rozger, Esqs., for the plaintiff and William J. Greagan, Esq., for the defendants. Court states the motions and issues pending before the court. Court address sua sponte issue on the civility of litigation with the counsel and advises of the warning. Court turns to the unobjected Report-Recommendation. Court adopts the Report-Recommendation in its entirety. Court turns to the defendants' motion for summary judgment. Advises to adopt Judge Homer's decision. Atty. Greagan states that Judge Homer's decision is unconstitutional. Provides example to court. Court states point is not without merit, understands argument on unconstitutionality but disagrees with defense counsel. Atty. Greagan states would like court to certify to the court of appeals. Court directs to submit papers that gives court authority. Defendants submissions due on or before October 20th. Plaintiff's submissions due on or before November 10th. Court discusses issue of Monell claim. Court denies the motion as premature with leave to renew. Atty. Greagan states plaintiff has offered no evidence. Court states issues are in outstanding discovery. Court turns to the two (2) magistrate appeals. Attorney Keach states about service of 2 defendants and the court gives (30) thirty days. Atty. Greagan states will notify plaintiff if can accept service. Court turns back to civility issue. Court turns to magistrate standard review. Court turns to McDaniel appeal and states order is not clearly erroneous. Court AFFIRMS the order of the Magistrate Judge. Court refers matter back to Magistrate Judge since time components have expired. Court turns to 2nd appeal. Court discusses collateral issues. Attorney states position. Court DENIES appeal. Court states Order is not clearly erroneous. Court AFFIRMS the order of the Magistrate Judge and refers the matter back to the magistrate judge. Court asks if any outstanding issues. Counsel advises all issues have been addressed. Court states transcript constitutes the decision of the court. No written order forthcoming. (Court Reporter Theresa Casal) (jel, ) Time:10:50-11;57 a.m. (Entered: 09/29/2005)

COURT EXHIBIT 2 Standard of Review - Summary Judgment. (jel, ) (Entered: 09/29/2005)