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Summons Issued as to The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (JDK, )
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May 5, 2006
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May 5, 2006
PACER
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1
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COMPLAINT against The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton ( Filing fee $ 350 receipt number 20929.), filed by Dedrick Williams.(JDK, ) (Entered: 05/05/2006)
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May 5, 2006
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May 5, 2006
Clearinghouse
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Answer due date updated as to The County of Niagara answer due 7/19/2006; Thomas Beilein answer due 7/19/2006; Samuel Muscarella answer due 7/19/2006; John Saxton answer due 7/19/2006 (JDK, )
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June 29, 2006
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June 29, 2006
PACER
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4
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CERTIFICATE OF SERVICE by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton re 3 Stipulation (Martin, Shawn) (Entered: 06/29/2006)
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June 29, 2006
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June 29, 2006
PACER
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3
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STIPULATION to Extend Defendants' Time to Answer by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Martin, Shawn) (Entered: 06/29/2006)
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June 29, 2006
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June 29, 2006
PACER
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2
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SUMMONS Returned Executed by Dedrick Williams. The County of Niagara served on 6/13/2006, answer due 7/3/2006; Thomas Beilein served on 6/13/2006, answer due 7/3/2006; Samuel Muscarella served on 6/13/2006, answer due 7/3/2006; John Saxton served on 6/13/2006, answer due 7/3/2006. (Keach, Elmer) (Entered: 06/29/2006)
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June 29, 2006
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June 29, 2006
PACER
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5
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TEXT ORDER. The 3 Stipulation to extend Defendants' time to answer or otherwise move is HEREBY SO APPROVED. Time is extended to 7/19/2006. SO ORDERED. Issued by the Hon. William M. Skretny on 7/7/2006. (MEAL) (Entered: 07/10/2006)
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July 10, 2006
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July 10, 2006
PACER
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7
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CERTIFICATE OF SERVICE by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton re 6 Answer to Complaint (Domagalski, James) (Entered: 07/19/2006)
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July 19, 2006
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July 19, 2006
PACER
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6
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ANSWER to Complaint with Jury Demand by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton.(Domagalski, James) (Entered: 07/19/2006)
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July 19, 2006
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July 19, 2006
PACER
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AUTOMATIC REFERRAL to Mediation (JDK, )
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July 20, 2006
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July 20, 2006
PACER
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8
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NON-DISPOSITIVE REFERRAL ORDER REFERRING CASE to Magistrate Judge Hugh B. Scott. Signed by Hon. William M. Skretny on 7/20/2006. (Dzielski, J.) (Entered: 07/21/2006)
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July 21, 2006
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July 21, 2006
PACER
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10
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThe above Order 9 is vacated as having been inadvertantly filed under the the wrong docket number. So Ordered.Signed by Hon. Hugh B. Scott on 7/24/06. (JRA) (Entered: 07/24/2006)
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July 24, 2006
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July 24, 2006
PACER
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9
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThe Court notes that the motion to compel filed by the defendants includes multiple exhibits. The Court reminds counsel that, in addition to electronic filing, paper copies of all motion papers shall be forwarded to Chambers.So Ordered.Signed by Hon. Hugh B. Scott on 7/24/06. (JRA) (Entered: 07/24/2006)
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July 24, 2006
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July 24, 2006
PACER
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12
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ORDER to substitute attorneys as follows: former attorney for defendnts County of Niagara, Thomas Beilein, Samuel Muscarella and John Saxton, Paul Suozzi, Esq. current attorney, James Domagalski, Esq. Frank Gaglione, Esq. . Signed by Hon. Hugh B. Scott on 8/2/06. (JDK, ) (Entered: 08/04/2006)
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Aug. 2, 2006
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Aug. 2, 2006
PACER
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11
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThis case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on August 28, 2006 at 2:00 pm, in the chambers of the undersigned. PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES ARE DIRECTED TO COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties are to have exchanged initial disclosures as required by Rule 26(a)(1); (2) the parties are to have met or conferred as required under Rule 26(f); and (3) the parties are to have submitted a proposed discovery plan to the Court at least 7 days prior to the scheduling conference as also required by Rule 26(f). Also, the Magistrate Judge is available to conduct any or all proceedings in a jury or non-jury civil matter and to order the entry of judgment in the case pursuant to 28 U.S.C. 636(c). Attached hereto is a Notice of Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge, together with a consent form, for consideration by the parties. The parties are encouraged to consider and act favorably on such consents; however, it is emphasized that there will be no substantive adverse consequences should the parties elect not to do so. Counsel are directed to discuss this option with their clients as soon as practicable and prior to the Magistrate Judge's participation in settlement discussion in this case. So Ordered.Signed by Hon. Hugh B. Scott on 8/2/06. (JRA) (Entered: 08/02/2006)
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Aug. 2, 2006
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Aug. 2, 2006
PACER
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13
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MINUTES OF PROCEEDINGS BEFORE MAGISTRATE JUDGE HUGH B. SCOTT Scheduling Conference held on 8/28/2006. D. Jay for plaintiffs; J. Domalgalski for defendants. Order to issue.(JRA) (Entered: 08/28/2006)
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Aug. 28, 2006
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Aug. 28, 2006
PACER
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14
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SCHEDULING ORDER setting dates for class certification discovery and motions.Signed by Hon. Hugh B. Scott on 8/30/06. (JRA) (Entered: 08/30/2006)
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Aug. 30, 2006
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Aug. 30, 2006
PACER
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Test entry (JDK, )
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Sept. 12, 2006
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Sept. 12, 2006
PACER
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15
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Stipulation-Selection of Mediator by The County of Niagara (Attachments: # 1 Certificate of Service)(Domagalski, James) (Entered: 10/12/2006)
2 Certificate of Service
View on PACER
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Oct. 12, 2006
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Oct. 12, 2006
PACER
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16
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NOTICE by Dedrick Williams of Change of Firm Name and Address for Alexander E. Barnett and Change of Firm Name for Gary E. Mason (Barnett, Alexander) (Entered: 03/26/2007)
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March 26, 2007
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March 26, 2007
PACER
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E-Filing Notification: Document is in Letter form and Letters are not to be E-filed, Motion to be Terminated, Attorney to be Notified** 17 MOTION for Extension of Time (JDK, )
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March 28, 2007
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March 28, 2007
PACER
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17
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MOTION for Extension of Time to Amend Scheduling Order by Dedrick Williams. (Attachments: # 1 Stipulation)(Menken, Bruce) (Entered: 03/28/2007)
2 Stipulation
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March 28, 2007
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March 28, 2007
PACER
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18
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MOTION for Extension of Time to Amend the Pleadings by Dedrick Williams.(Menken, Bruce) (Entered: 04/04/2007)
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April 4, 2007
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April 4, 2007
PACER
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20
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First MOTION for Leave to Appear Pro Hac Vice for Alexandra C. Warren by Dedrick Williams.(LaDuca, Charles) (Entered: 04/09/2007)
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April 9, 2007
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April 9, 2007
PACER
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19
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TEXT ORDER. IT HEREBY IS ORDERED that the 18 Plaintiffs' Motion for an Extension of Time to Amend the Pleadings is GRANTED. Time is extended to 4/16/2007. SO ORDERED. Issued by the Hon. William M. Skretny on 4/5/2007. (MEAL) (Entered: 04/09/2007)
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April 9, 2007
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April 9, 2007
PACER
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E-Filing Notification: No Proof of Service provided for 20 First MOTION for Leave to Appear Pro Hac Vice for Alexandra C. Warren. (DLC)
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April 10, 2007
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April 10, 2007
PACER
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21
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MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren by Dedrick Williams.(LaDuca, Charles) (Entered: 04/11/2007)
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April 11, 2007
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April 11, 2007
PACER
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|
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Second E-Filing Notification: No Proof of Service provided for 20 First MOTION for Leave to Appear Pro Hac Vice for Alexandra C. Warren. (DLC)
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April 11, 2007
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April 11, 2007
PACER
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22
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT OF THE COURT'S ORDERBefore the court is a motion for the admission of Alexandra C. Warren, Esq., pro hac vice (Docket Nos. 20 and 21). Upon the above referenced application and supporting papers and the Certificate of Service stating service upon all other parties, and no opposition being shown; the motion has been deemed submitted and is hereby GRANTED. It is ordered that upon the payment of the admission fee pursuant to Rule 83.1(l) of the Local Rules of Civil Procedure for the Western District of New York and registration with the Court's Electronic Case Filing system ("ECF"), Alexandra C. Warren, Esq., may appear herein on behalf of the plaintiff.So Ordered. Signed by Judge Hugh B. Scott on 4/12/07. (JRA) (Entered: 04/12/2007)
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April 12, 2007
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April 12, 2007
PACER
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24
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CERTIFICATE OF SERVICE by Marquessa Page, Camile Smith, Dedrick Williams re 23 Amended Complaint (Keach, Elmer) (Entered: 04/16/2007)
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April 16, 2007
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April 16, 2007
PACER
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23
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AMENDED COMPLAINT Filed as of Right Pursuant to Stipulation and Order of the Court against all defendants, filed by Marquessa Page, Camile Smith, Dedrick Williams.(Keach, Elmer) (Entered: 04/16/2007)
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April 16, 2007
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April 16, 2007
Clearinghouse
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Pro Hac Vice Filing fee: $ 75, receipt number 2619 received from Alexandra C. Warren, Esq. (JDK, )
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April 19, 2007
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April 19, 2007
PACER
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26
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CERTIFICATE OF SERVICE by The County of Niagara re 25 Answer to Amended Complaint (Domagalski, James) (Entered: 06/01/2007)
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June 1, 2007
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June 1, 2007
PACER
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25
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Amended ANSWER to Amended Complaint by The County of Niagara.(Domagalski, James) (Entered: 06/01/2007)
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June 1, 2007
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June 1, 2007
PACER
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27
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MOTION for Extension of Time to File Motion for Class Certification, On Consent by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Affirmation in Support of Motion# 2 Certificate of Service)Motions referred to Hugh B. Scott.(Keach, Elmer) (Entered: 06/28/2007)
2 Affirmation in Support of Motion
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3 Certificate of Service
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June 28, 2007
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June 28, 2007
PACER
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Set Deadlines/Hearings: Plaintiffs Motion for class certification due by 7/6/2007. (JDK)
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July 2, 2007
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July 2, 2007
PACER
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28
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TEXT ORDER. IT HEREBY IS ORDERED that the 27 Plaintiffs' Motion for an Extension of Time to File their Class Certification Motion is GRANTED. Plaintiffs' Motion for Class Certification is now due 7/6/2007. SO ORDERED. Issued by the Hon. William M. Skretny on 7/2/2007. (MEAL) (Entered: 07/02/2007)
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July 2, 2007
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July 2, 2007
PACER
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29
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MOTION to Certify Class by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Affirmation in support of motion# 2 Exhibit A -- Beilein Dep., p. 1-50# 3 Exhibit A -- Beilein Deposition, p. 51-100# 4 Exhibit A -- Beilein Dep., p. 101-150# 5 Exhibit A -- Beilein Dep., p. 151-200# 6 Exhibit A - Beilein Dep., p. 201-243# 7 Exhibit A -- beilein dep., exhibits, part 1# 8 Exhibit A -- Beilein Dep., exhibits part 2# 9 Exhibit A -- Beilein Dep., exhibits, part 3# 10 Exhibit B -- Williams Dep., p. 1-50# 11 Exhibit b -- williams Dep., p. 51-100# 12 Exhibit c -- Page Dep., p. 1-50# 13 Exhibit C -- Page Dep., p. 51-100# 14 Exhibit C -- page dep., p. 101-150# 15 Exhibit D -- Smith Dep., p. 1-50# 16 Exhibit D -- Smith Dep., p. 51-85# 17 Exhibit E -- Amended complaint# 18 Exhibit F -- Niagara County Strip Search Policy# 19 Exhibit G -- Domagalski letter# 20 Exhibit H -- Engert Memorandum# 21 Exhibit I -- Mitchell v. County of Clinton Decision# 22 Exhibit J -- Tyson v. City of New York Bench Decision# 23 Exhibit K -- Kahler Decision# 24 Exhibit L -- Keach Firm Resume# 25 Exhibit M - Berenbaum Firm Resume# 26 Exhibit N -- Mason Firm Resume# 27 Exhibit O -- Cuneo Firm Resume# 28 Exhibit P -- Sample Booking Records# 29 Exhibit Q -- Pritchard Decision# 30 Memorandum in Support # 31 Certificate of Service)(Keach, Elmer) (Entered: 07/07/2007)
2 Affirmation in support of motion
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3 Exhibit A -- Beilein Dep., p. 1-50
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4 Exhibit A -- Beilein Deposition, p. 51-100
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5 Exhibit A -- Beilein Dep., p. 101-150
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6 Exhibit A -- Beilein Dep., p. 151-200
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7 Exhibit A - Beilein Dep., p. 201-243
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8 Exhibit A -- beilein dep., exhibits, part 1
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9 Exhibit A -- Beilein Dep., exhibits part 2
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10 Exhibit A -- Beilein Dep., exhibits, part 3
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11 Exhibit B -- Williams Dep., p. 1-50
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12 Exhibit b -- williams Dep., p. 51-100
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13 Exhibit c -- Page Dep., p. 1-50
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14 Exhibit C -- Page Dep., p. 51-100
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15 Exhibit C -- page dep., p. 101-150
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16 Exhibit D -- Smith Dep., p. 1-50
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17 Exhibit D -- Smith Dep., p. 51-85
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18 Exhibit E -- Amended complaint
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19 Exhibit F -- Niagara County Strip Search Policy
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20 Exhibit G -- Domagalski letter
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21 Exhibit H -- Engert Memorandum
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22 Exhibit I -- Mitchell v. County of Clinton Decision
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23 Exhibit J -- Tyson v. City of New York Bench Decision
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24 Exhibit K -- Kahler Decision
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25 Exhibit L -- Keach Firm Resume
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26 Exhibit M - Berenbaum Firm Resume
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27 Exhibit N -- Mason Firm Resume
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28 Exhibit O -- Cuneo Firm Resume
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29 Exhibit P -- Sample Booking Records
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30 Exhibit Q -- Pritchard Decision
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31 Memorandum in Support
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32 Certificate of Service
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July 6, 2007
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July 6, 2007
PACER
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E-Filing Notification: 30 MOTION for Leave to Appear Pro Hac Vice of Nicholas A. Migliaccio, Filed Without Proof of Service (JDK)
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July 24, 2007
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July 24, 2007
PACER
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30
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MOTION for Leave to Appear Pro Hac Vice of Nicholas A. Migliaccio by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Affidavit of Nicholas A. Migliaccio# 2 Text of Proposed Order)(Barnett, Alexander) (Entered: 07/24/2007)
2 Affidavit of Nicholas A. Migliaccio
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3 Text of Proposed Order
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July 24, 2007
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July 24, 2007
PACER
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31
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NOTICE by Marquessa Page, Camile Smith, Dedrick Williams re 30 MOTION for Leave to Appear Pro Hac Vice of Nicholas A. Migliaccio Notice of Service (Barnett, Alexander) (Entered: 07/26/2007)
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July 26, 2007
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July 26, 2007
PACER
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32
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TEXT SCHEDULING ORDER on 29 Plaintiffs' Motion to Certify Class. Response due by 8/20/2007. Reply due by 9/10/2007. Oral Argument to be scheduled by the Court if necessary. SO ORDERED. Issued by the Hon. William M. Skretny on 7/24/2007. (MEAL) (Entered: 07/27/2007)
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July 27, 2007
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July 27, 2007
PACER
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34
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AFFIDAVIT re 33 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's motion for class certification by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Attachments: # 1 Exhibit A)(Domagalski, James) (Entered: 08/14/2007)
2 Exhibit A
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Aug. 14, 2007
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Aug. 14, 2007
PACER
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33
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Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's motion for class certification by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton.(Domagalski, James) (Entered: 08/14/2007)
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Aug. 14, 2007
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Aug. 14, 2007
PACER
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35
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TEXT ORDER. IT HEREBY IS ORDERED that the 33 Defendants' Motion for an Extension of Time to File a Response to 29 Plaintiff's Motion for Class Certification is GRANTED. Defendants' response is now due 9/28/2007. Plaintiff's reply is now due 10/19/2007. SO ORDERED. Issued by the Hon. William M. Skretny on 8/16/2007. (MEAL) (Entered: 08/20/2007)
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Aug. 20, 2007
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Aug. 20, 2007
PACER
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36
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBefore the court is a motion for the admission of Nicholas A. Migliaccio, Esq., pro hac vice (Docket No. 10). Upon the above referenced application and supporting papers and the Certificate of Service stating service upon all other parties, and no opposition being shown; the motion has been deemed submitted and is hereby GRANTED. It is ordered that upon the payment of the admission fee pursuant to Rule 83.1(l) of the Local Rules of Civil Procedure for the Western District of New York and registration with the Court's Electronic Case Filing system ("ECF"), Nicholas A. Migliaccio, Esq., may appear herein on behalf of the plaintiffs. So Ordered.Signed by Judge Hugh B. Scott on 8/29/07.(JRA) (Entered: 08/29/2007)
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Aug. 29, 2007
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Aug. 29, 2007
PACER
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Filing fee: $ 75, receipt number 4417 ;pro hac vice received from Nicholas Migliaccio (JDK)
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Sept. 5, 2007
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Sept. 5, 2007
PACER
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41
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CERTIFICATE OF SERVICE by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton re 39 Continuation of Exhibits, 40 Memorandum in Opposition to Motion, 37 Affidavit in Opposition to Motion, 38 Affidavit in Opposition to Motion (Domagalski, James) (Entered: 09/28/2007)
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Sept. 28, 2007
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Sept. 28, 2007
PACER
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40
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MEMORANDUM in Opposition re 29 MOTION to Certify Class filed by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Domagalski, James) (Entered: 09/28/2007)
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Sept. 28, 2007
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Sept. 28, 2007
PACER
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39
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CONTINUATION OF EXHIBITS to 38 Affidavit in Opposition to Motion Exhibits D through J. (Attachments: # 1 Exhibit D part 2# 2 Exhibit D part 3# 3 Exhibit D part 4# 4 Exhibit D part 5# 5 Exhibit E part 1# 6 Exhibit E part 2# 7 Exhibit F# 8 Exhibit G part 1# 9 Exhibit G part 2# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J)(Domagalski, James) (Entered: 09/28/2007)
2 Exhibit D part 2
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3 Exhibit D part 3
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4 Exhibit D part 4
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5 Exhibit D part 5
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6 Exhibit E part 1
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7 Exhibit E part 2
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8 Exhibit F
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9 Exhibit G part 1
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10 Exhibit G part 2
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11 Exhibit H
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12 Exhibit I
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13 Exhibit J
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Sept. 28, 2007
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Sept. 28, 2007
PACER
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38
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AFFIDAVIT of Frank T. Gaglione in Opposition re 29 MOTION to Certify Class filed by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Attachments: # 1 Exhibit A through C)(Domagalski, James) (Entered: 09/28/2007)
2 Exhibit A through C
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Sept. 28, 2007
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Sept. 28, 2007
PACER
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37
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AFFIDAVIT of Daniel Engert in Opposition re 29 MOTION to Certify Class with Exhibit A to C filed by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Domagalski, James) (Entered: 09/28/2007)
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Sept. 28, 2007
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Sept. 28, 2007
PACER
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42
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MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Certify Class On Consent by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Affidavit Affirmation of Elmer Keach# 2 Certificate of Service)(Keach, Elmer) (Entered: 10/19/2007)
2 Affidavit Affirmation of Elmer Keach
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3 Certificate of Service
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Oct. 19, 2007
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Oct. 19, 2007
PACER
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43
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TEXT ORDER. IT HEREBY IS ORDERED that the 42 Plaintiff's Motion for an Extension of Time to File a Reply in support of their 29 Motion for Class Certification is GRANTED. Plaintiffs' reply is now due 10/26/2007. SO ORDERED. Issued by the Hon. William M. Skretny on 10/22/2007. (MEAL) (Entered: 10/23/2007)
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Oct. 23, 2007
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Oct. 23, 2007
PACER
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44
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REPLY to Response to Motion re 29 MOTION to Certify Class filed by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Reply Affirmation of Elmer Keach# 2 Exhibit R -- Committment Report, March 11, 2005# 3 Exhibit S -- Transport Statistics, March 2005# 4 Certificate of Service)(Keach, Elmer) (Entered: 10/26/2007)
2 Reply Affirmation of Elmer Keach
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3 Exhibit R -- Committment Report, March 11, 2005
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4 Exhibit S -- Transport Statistics, March 2005
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5 Certificate of Service
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Oct. 26, 2007
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Oct. 26, 2007
PACER
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Hon. Richard J. Arcara added. Hon. William M. Skretny no longer assigned to case. (JMB)
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May 30, 2008
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May 30, 2008
PACER
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45
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TEXT ORDER This case is hereby transferred to Hon. Richard J. Arcara. Signed by Hon. Richard J. Arcara on 5/30/2008. (JMB) (Entered: 05/30/2008)
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May 30, 2008
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May 30, 2008
PACER
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NOTICE OF ORAL ARGUMENT. Oral Argument is scheduled for 8/6/2008 at 09:00 AM before Hon. Richard J. Arcara as to 29 plaintiffs motion to certify class.(DJD)
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June 30, 2008
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June 30, 2008
PACER
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E-Filing Notification: Filed without proof of service** 46 RESPONSE in Support (JDK)
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Aug. 5, 2008
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Aug. 5, 2008
PACER
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46
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RESPONSE in Support re 29 MOTION to Certify Class Supplemental Affirmation Correcting Exhibit and Providing Supplemental Authority to the Court filed by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Corrected Plaintiffs' Exhibit B -- Williams Deposition, Part 1, # 2 Corrected Exhibit B -- Part 2, # 3 Corrected Exhibit B -- Part 3, # 4 Corrected Exhibi B -- Part 4, # 5 In Re Nassau County decision, # 6 Florence Decision, # 7 Delandro Decision)(Keach, Elmer) (Entered: 08/05/2008)
2 Corrected Plaintiffs' Exhibit B -- Williams Deposition, Part 1
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3 Corrected Exhibit B -- Part 2
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4 Corrected Exhibit B -- Part 3
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5 Corrected Exhibi B -- Part 4
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6 In Re Nassau County decision
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7 Florence Decision
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8 Delandro Decision
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Aug. 5, 2008
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Aug. 5, 2008
PACER
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Minute Entry for proceedings held 8/6/2008 before Hon. Richard J. Arcara. Oral Argument is held as to 29 Plaintiffs' Motion to Certify Class. The Court directs Plaintiffs to submit further papers as to proposed class definition; one class certification or two class certification. Decision is reserved. Appearances: Pltfs - Elmer Keach, Gary Mason and Charles LaDuca; Defts - Frank Gaglione and James Domagalski (Court Reporter Yvonne Garrison.) (DJD)
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Aug. 6, 2008
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Aug. 6, 2008
PACER
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47
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AFFIRMATION signed by Elmer Keach re 29 MOTION to Certify Class filed by Marquessa Page, Camile Smith, Dedrick Williams Supplemental Submission on Class Definition, With Certificate of Service filed by Marquessa Page, Camile Smith, Dedrick Williams. (Keach, Elmer) (Entered: 08/23/2008)
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Aug. 23, 2008
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Aug. 23, 2008
PACER
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48
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TEXT ORDER: Defendants may file a response to 47 Affirmation, filed by Camile Smith, Dedrick Williams, Marquessa Page on or before 9/10/2008. Signed by Hon. Richard J. Arcara on 8/27/2008. (JMB) (Entered: 08/27/2008)
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Aug. 27, 2008
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Aug. 27, 2008
PACER
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49
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AFFIRMATION signed by Frank T. Gaglione re 48 Text Order, 47 Affirmation, filed by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton In Response to Plaintiffs' Supplemental Submission on Class Definition filed by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Attachments: # 1 Certificate of Service)(Domagalski, James) (Entered: 09/10/2008)
2 Certificate of Service
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Sept. 10, 2008
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Sept. 10, 2008
PACER
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50
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/6/08, before Judge Richard J. Arcara. Court Reporter/Transcriber Yvonne M. Garrison, Telephone number 716-847-2477. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/2/2008. Redacted Transcript Deadline set for 10/14/2008. Release of Transcript Restriction set for 12/10/2008. (JDK) (Entered: 09/11/2008)
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Sept. 11, 2008
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Sept. 11, 2008
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51
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ORDER granting 29 Motion to Certify Class, referring case back to Magistrate Judge Scott for further proceedings. Signed by Hon. Richard J. Arcara on 9/29/2008. (JMB) (Entered: 09/29/2008)
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Sept. 29, 2008
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Sept. 29, 2008
Clearinghouse
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Set Deadlines/Hearings: status/ Scheduling Conference set for 12/9/2008 02:00 PM before Hon. Hugh B. Scott. (JDK)
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Sept. 30, 2008
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Sept. 30, 2008
PACER
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52
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERA status / scheduling conference shall take place in this matter on December 9, 2008 at 2:00 p.m. before the undersigned.So Ordered.Signed by Hon. Hugh B. Scott on 9/30/08. (JRA) (Entered: 09/30/2008)
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Sept. 30, 2008
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Sept. 30, 2008
PACER
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53
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBy letter dated November 13, 2008, counsel for the defendants have requested that the December 9, 2008 scheduling / status conference in this case be rescheduled due to a conflict. The conference is re-scheduled to December 17, 2008 at 2:30 p.m. before the undersigned.So Ordered.Signed by Hon. Hugh B. Scott on 11/26/08. (JRA) (Entered: 11/26/2008)
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Nov. 26, 2008
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Nov. 26, 2008
PACER
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54
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBy letter dated December 15, 2008, counsel for the plaintiff, Elmer Keach, Esq. and Charles LaDuca, Esq. have requested permission to participate in the December 17, 2008 scheduling / status conference by telephone. The defendants do not object. The request is granted. The Court will initiate the telephone call. If plaintiffs counsel will be at a telephone number other than the one listed on the docket, counsel shall notify the Court of that telephone number as soon as possible. So Ordered.Signed by Hon. Hugh B. Scott on 12/16/08. (JRA) (Entered: 12/16/2008)
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Dec. 16, 2008
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Dec. 16, 2008
PACER
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55
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MINUTES OF PROCEEDINGS BEFORE MAGISTRATE JUDGE HUGH B. SCOTT Scheduling / Status Conference held on 12/17/2008. D. Jay, E. Keach (phone), C. LaDuca (phone), B. Thompson for plaintiffs; J. Domagalski for defendants. The plaintiffs advised the Court that they will not pursue claims relating to the second class certified by the District Court [the Policy 1201 class]. At the time of the conference, the Court indicated that dates for settlement conferences would be included in the scheduling order. The Court was not aware, at that time, that this case was previously referred to mediation by the District Court and that a mediator had already been appointed. Thus, the parties must engage in the mediation process. The docket does not reflect that the parties engaged in mediation as directed in the initial scheduling order. [Docket No. 14]. Second Scheduling Order to issue. (JRA) (Entered: 12/18/2008)
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Dec. 17, 2008
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Dec. 17, 2008
PACER
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56
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SCHEDULING ORDER setting dates for pretrial proceedings: Discovery to be completed by 8/31/2009. Dispositive motions due by 11/30/2009. Signed by Hon. Hugh B. Scott on 12/18/08. (JRA) (Entered: 12/18/2008)
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Dec. 18, 2008
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Dec. 18, 2008
PACER
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57
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NOTICE of Appearance by Bethany B. Schumann-McGhee on behalf of all plaintiffs (Schumann-McGhee, Bethany) (Entered: 06/02/2009)
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June 2, 2009
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June 2, 2009
PACER
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58
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MOTION for Leave to Appear Pro Hac Vice of Brendan S. Thompson by Marquessa Page, Camile Smith, Dedrick Williams.(LaDuca, Charles) (Entered: 06/05/2009)
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June 5, 2009
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June 5, 2009
PACER
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59
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ORDER granting 58 Motion for Leave to Appear; upon the payment of the admission fee pursuant to Rule 83.1(l) of the Local Rules of Civil Procedure for the Western District of New York and registration with the Courts Electronic Case Filing system ("ECF"), Brendan S. Thompson, Esq., may appear herein on behalf of plaintiffs. Signed by Hon. Hugh B. Scott on 6/10/09.(JRA) (Entered: 06/10/2009)
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June 10, 2009
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June 10, 2009
PACER
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60
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBy letter dated August 13, 2009, the defendants request an extension of time, until August 28, 2009, to identify and produce expert reports in this matter. Defendants represent that the plaintiffs' consent to the requested extension. The request is granted. The defendant shall identify experts and provide written reports in compliance with Rule 26(a)(2), as amended in 1993, no later than August 14, 2009 See Rule 26 of the Local Rules for the Western District of New York as amended effective December 1, 1994. All expert discovery shall be completed on or before September 14, 2009. All other dates in the December 18, 2009 scheduling order (Docket No. 56) remain in effect at this time. So Ordered.Signed by Hon. Hugh B. Scott on 8/17/09. (JRA) (Entered: 08/17/2009)
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Aug. 17, 2009
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Aug. 17, 2009
PACER
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61
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBy letter dated August 26, 2009, the defendants request a further extension of time, until September 25, 2009, to identify and produce expert reports in this matter due to an urgent medical situation involving the defendants expert's family. The defendants represent that the plaintiffs consent to the requested extension. The request is granted. The defendant shall identify experts and provide written reports in compliance with Rule 26(a)(2), as amended in 1993, no later than September 25, 2009 See Rule 26 of the Local Rules for the Western District of New York as amended effective December 1, 1994. All expert discovery shall be completed on or before October 25, 2009. All other dates in the December 18, 2009 scheduling order (Docket No. 56) remain in effect at this time.So Ordered.Signed by Hon. Hugh B. Scott on 9/1/09. (JRA) (Entered: 09/01/2009)
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Sept. 1, 2009
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Sept. 1, 2009
PACER
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62
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERAMENDED SCHEDULING ORDERBy letter dated September 24, 2009, the defendants request a further extension of time to serve expert disclosures in this matter. The request is based upon an urgent medical situation involving the defendants expert's family. The defendants represent that the plaintiffs consent to the requested extension. The request is granted. The defendant shall identify and produce its expert reports on or before October 26, 2009. The deadline to complete discovery, including expert discovery, is extended to November 24, 2009. Dispositive motions, if any, shall be filed by January 29, 2010.So Ordered.Signed by Hon. Hugh B. Scott on 9/25/09. (JRA) (Entered: 09/25/2009)
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Sept. 25, 2009
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Sept. 25, 2009
PACER
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E-Filing Notification: No proof of service. Action required: File proof of service 64 RESPONSE to Discovery Request from Defendant's Expert Disclosure by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton.(Domagalski, James) (DR)
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Nov. 2, 2009
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Nov. 2, 2009
PACER
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64
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RESPONSE to Discovery Request from Defendant's Expert Disclosure by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton.(Domagalski, James) (Entered: 11/02/2009)
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Nov. 2, 2009
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Nov. 2, 2009
PACER
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63
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STIPULATION Extending Deadlines for Expert Discovery by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Domagalski, James) (Entered: 11/02/2009)
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Nov. 2, 2009
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Nov. 2, 2009
PACER
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65
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CERTIFICATE OF SERVICE by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton re 64 Response to Discovery (Domagalski, James) (Entered: 11/03/2009)
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Nov. 3, 2009
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Nov. 3, 2009
PACER
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67
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ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThe parties have stipulated to brief extensions of certain dates in the Scheduling Order (Docket No. 63). The modification of the Scheduling Order is approved.So Ordered.Signed by Hon. Hugh B. Scott on 11/6/09. (JRA) (Entered: 11/06/2009)
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Nov. 6, 2009
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Nov. 6, 2009
PACER
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66
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CERTIFICATE OF SERVICE by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton re 65 Certificate of Service, 64 Response to Discovery Corrected per Clerk's Direction (Domagalski, James) (Entered: 11/06/2009)
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Nov. 6, 2009
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Nov. 6, 2009
PACER
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68
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NOTICE by Marquessa Page, Camile Smith, Dedrick Williams of Withdrawal of Appearance and Removal from ECF Notification for Attorney Bethany Schumann-McGhee (Keach, Elmer) (Entered: 02/19/2010)
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Feb. 19, 2010
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Feb. 19, 2010
PACER
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NOTICE: A MEETING TO SET TRIAL DATE is scheduled for 3/30/2010 at 09:00 AM before Hon. Richard J. Arcara.(DJD)
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March 15, 2010
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March 15, 2010
PACER
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69
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MOTION for Leave to File Motion for Summary Judgment by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Affidavit Affirmation of Elmer Keach in Support of Motion, # 2 Certificate of Service)(Keach, Elmer) (Entered: 03/25/2010)
2 Affidavit Affirmation of Elmer Keach in Support of Motion
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3 Certificate of Service
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March 25, 2010
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March 25, 2010
PACER
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70
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TEXT ORDER. Plaintiffs filed 69 Motion for Leave to File Motion for Summary Judgement. Response papers are to be filed by 4/13/2010. Oral Argument on the motion is scheduled for 4/29/2010 at 03:00 PM before Hon. Richard J. Arcara. Upon the oral request of counsel for plaintiffs, the 3/30/2010 Meeting to Set Trial Date is rescheduled as a Status Conference/Meeting to Set Trial Date for 4/29/2010 at 03:00 PM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on March 29, 2010. (DJD) (Entered: 03/29/2010)
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March 29, 2010
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March 29, 2010
PACER
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71
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AFFIDAVIT in Opposition re 69 MOTION for Leave to File Motion for Summary Judgment filed by The County of Niagara, Thomas Beilein, Samuel Muscarella, John Saxton. (Attachments: # 1 Certificate of Service)(Domagalski, James) (Entered: 04/13/2010)
2 Certificate of Service
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April 13, 2010
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April 13, 2010
PACER
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72
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Mediation Certification by Michael A. Brady(Brady, Michael) (Entered: 04/20/2010)
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April 20, 2010
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April 20, 2010
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Minute Entry for proceedings held 4/29/2010 before Hon. Richard J. Arcara. Oral Argument is held as to 69 Motion for Leave to File Motion for Summary Judgment filed by plaintiffs. The Court grants the motion. The following briefing schedule is set forth: plaintiffs' motion for summary judgment is to be filed by 6/4/2010; response papers to be filed by 7/16/2010; reply papers to be filed by 7/30/2010. Oral Argument is scheduled for 8/20/2010 at 09:00 AM. The Court directs plaintiffs to submit a proposed order addressing the class notification. Appearances: Pltfs - Elmer Keach; Defts - Frank Gaglione and James Domagalski (Electronic Court Recorder, Jane Kellogg.) (DJD)
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April 29, 2010
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April 29, 2010
PACER
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Set/Reset Deadlines as to Oral Argument on Pltf's Motion for Summary Judgment set for 8/20/2010 09:00 AM before Hon. Richard J. Arcara. (DJD)
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April 29, 2010
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April 29, 2010
PACER
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73
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MOTION Provide Notice to the Class and Incorporated Memorandum by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Exhibit A Proposed Class Notice, # 2 Exhibit B Notice Plan, # 3 Certificate of Service)(Migliaccio, Nicholas) (Entered: 04/29/2010)
2 Exhibit A Proposed Class Notice
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3 Exhibit B Notice Plan
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4 Certificate of Service
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April 29, 2010
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April 29, 2010
PACER
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75
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CERTIFICATE OF SERVICE by Marquessa Page, Camile Smith, Dedrick Williams re 74 MOTION for Extension of Time to File On Consent (Keach, Elmer) (Entered: 06/04/2010)
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June 4, 2010
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June 4, 2010
PACER
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74
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MOTION for Extension of Time to File On Consent by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Affirmation in Support)(Keach, Elmer) (Entered: 06/04/2010)
2 Affirmation in Support
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June 4, 2010
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June 4, 2010
PACER
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77
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AFFIRMATION signed by Elmer Robert Keach, III re 76 MOTION for Partial Summary Judgment filed by Marquessa Page, Camile Smith, Dedrick Williams filed by Marquessa Page, Camile Smith, Dedrick Williams. (Attachments: # 1 Exhibit 1 - Amended Class Action Complaint, # 2 Exhibit 2 -- Defendants' Amended Answer, # 3 Exhibit 3 -- Decision of Court granting Class Certification, # 4 Exhibit 4 -- Defendants' Strip Search Policy, # 5 Exhibit 5 -- Memorandum from Engert to Sexton, Entitled "Strip Search Policy -- 1109", # 6 Exhibit 6 -- Dedrick Williams Deposition, Part 1, pp. 1-50, # 7 Exhibit 6 -- Dedrick Williams Dep., Part Two, pp. 51-100, # 8 Exhibit 6 -- Dedrick Williams Deposition, Part Three, pp. 101-150, # 9 Exhibit 6 -- Dedrick Williams Dep., Part 4, 151-end, # 10 Exhibit 7 -- Marquessa Page Deposition Transcript, # 11 Exhibit 8 -- Camille Smith Deposition Transcript, # 12 Exhibit 9 -- Niagara County (Beilein) Deposition, Part One, pp. 1-50, # 13 Exhibit 9 -- Niagara County (Beilein) Deposition, Part Two, pp. 51-100, # 14 Exhibit 9 -- Niagara County (Beilein) Deposition, Part Three, pp. 101-150, # 15 Exhibit 9 -- Niagara County (Beilein) Dep., Part Four, pp. 151-200, # 16 Exhibit 9 -- Niagara County (Beilein) Deposition, Part Five, pp. 201-243, # 17 Exhibit 9 -- Niagara County (Beilein) Deposition, Exhibits, Part One, # 18 Exhibit 9 -- Niagara County (Beilein) Dep., Exhibits, Part Two, # 19 Exhibit 9 -- Niagara County (Beilein) Deposition, Exhibits, Part Three, # 20 Exhibit 10 -- Daniel Engert Deposition, # 21 Exhibit 11 -- Jason Kenney Deposition, # 22 Exhibit 12 -- Paul Curcione Deposition, # 23 Exhibit 13 -- Anthony Suess Deposition, # 24 Exhibit 14 -- Defendants' Expert Deposition)(Keach, Elmer) (Entered: 06/08/2010)
2 Exhibit 1 - Amended Class Action Complaint
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3 Exhibit 2 -- Defendants' Amended Answer
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4 Exhibit 3 -- Decision of Court granting Class Certification
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5 Exhibit 4 -- Defendants' Strip Search Policy
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6 Exhibit 5 -- Memorandum from Engert to Sexton, Entitled "Strip Search Polic
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7 Exhibit 6 -- Dedrick Williams Deposition, Part 1, pp. 1-50
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8 Exhibit 6 -- Dedrick Williams Dep., Part Two, pp. 51-100
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9 Exhibit 6 -- Dedrick Williams Deposition, Part Three, pp. 101-150
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10 Exhibit 6 -- Dedrick Williams Dep., Part 4, 151-end
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11 Exhibit 7 -- Marquessa Page Deposition Transcript
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12 Exhibit 8 -- Camille Smith Deposition Transcript
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13 Exhibit 9 -- Niagara County (Beilein) Deposition, Part One, pp. 1-50
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14 Exhibit 9 -- Niagara County (Beilein) Deposition, Part Two, pp. 51-100
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15 Exhibit 9 -- Niagara County (Beilein) Deposition, Part Three, pp. 101-150
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16 Exhibit 9 -- Niagara County (Beilein) Dep., Part Four, pp. 151-200
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17 Exhibit 9 -- Niagara County (Beilein) Deposition, Part Five, pp. 201-243
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18 Exhibit 9 -- Niagara County (Beilein) Deposition, Exhibits, Part One
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19 Exhibit 9 -- Niagara County (Beilein) Dep., Exhibits, Part Two
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20 Exhibit 9 -- Niagara County (Beilein) Deposition, Exhibits, Part Three
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21 Exhibit 10 -- Daniel Engert Deposition
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22 Exhibit 11 -- Jason Kenney Deposition
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23 Exhibit 12 -- Paul Curcione Deposition
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24 Exhibit 13 -- Anthony Suess Deposition
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25 Exhibit 14 -- Defendants' Expert Deposition
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June 8, 2010
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June 8, 2010
PACER
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76
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MOTION for Partial Summary Judgment by Marquessa Page, Camile Smith, Dedrick Williams.(Keach, Elmer) (Entered: 06/08/2010)
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June 8, 2010
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June 8, 2010
PACER
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E-Filing Notification: Incorrect event used to electronically file document. For future reference, use STATEMENT OF FACTS event. No action required. 79 CONTINUATION OF EXHIBITS by Marquessa Page, Camile Smith, Dedrick Williams. to 76 MOTION for Partial Summary Judgment Plaintiffs' Statement of Uncontested Material Fact filed by Marquessa Page, Camile Smith, Dedrick Williams. (Keach, Elmer) (DR)
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June 9, 2010
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June 9, 2010
PACER
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81
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CERTIFICATE OF SERVICE by Marquessa Page, Camile Smith, Dedrick Williams re 80 Memorandum in Support of Motion, 79 Continuation of Exhibits, 77 Affirmation,,,,,,, 78 Affirmation, 76 MOTION for Partial Summary Judgment (Keach, Elmer) (Entered: 06/09/2010)
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June 9, 2010
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June 9, 2010
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80
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MEMORANDUM in Support re 76 MOTION for Partial Summary Judgment filed by Marquessa Page, Camile Smith, Dedrick Williams. (Keach, Elmer) (Entered: 06/09/2010)
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June 9, 2010
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June 9, 2010
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