Case: Ciraolo v. City of New York

Ciraolo v. The City of New York

U.S. Court of Appeals for the Second Circuit

Supreme Court of the United States

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 300875. (em) (Entered: 11/06/1997)

Magistrate Judge Katz is so Designated. (em) (Entered: 11/06/1997)

RETURN OF SERVICE executed as to The City of New York by serving the Corporation Counsel by leaving the papers with Lilmaria Echevarria on 11/5/97. Answer due on 11/25/97 for The City of New York. (kw) (Entered: 11/13/1997)

RETURN OF SERVICE executed as to Christin Morgillo by P.O. Riffas and mail on 11/6/97. Answer due on 11/26/97 for Christin Morgillo. (kw) (Entered: 11/13/1997)

RETURN OF SERVICE executed as to Julie Fontanella by personal service on 11/6/97. Answer due on 11/26/97 for Julie Fontanella. (kw) (Entered: 11/13/1997)

Filed Memo-Endorsement on letter to Judge Patterson from William P. Farley dated 12/01/97, reset answer due for 1/16/98 for Julie Fontanella, for Jane Does 1-2, for Christin Morgillo, for Police Department, for The City of New York ; conference will be held 1/23/98 at 9 a.m. (signed by Judge Robert P. Patterson) (djc) (Entered: 12/05/1997)

ANSWER to Complaint by Debra Ciraolo (Appearing Pro Se). (jp) (Entered: 12/22/1997)

ANSWER to Complaint by The City of New York, Police Department, Christin Morgillo (Attorney Alessandra Francesca Zorgniotti). (jp) (Entered: 01/22/1998)

Before Judge Patterson; Pre-trial conference held; joinder of addl parties by 3/2, medical authorizations by 2/6, discovery 5/29, pretrial order 6/10/98, trial date 6/15/98 at 9:30 AM (cd) (Entered: 01/28/1998)

SCHEDULING ORDER: medical authorizations are due by 2/6/98; all discovery is to be completed by 5/29/98; pretrial order is to be filed by 6/10/98; trial date scheduled for 6/15/98 at 9:30 a.m.; joinder of additional parties due by 3/2/98. ( signed by Judge Robert P. Patterson ); Copies mailed (sac) Modified on 01/27/1998 (Entered: 01/27/1998)

Order referring action to the Clerk to assign the above-entitled action to mediation. All issues are eligible ( signed by Judge Robert P. Patterson ) (cd) (Entered: 01/30/1998)

Notice of selection of mediator. (sc) (Entered: 03/13/1998)

pre-trial conference (contested issue) held and concluded before Judge Patterson on 6/11/98; conference 6/23/98 at 5 p.m., schedule set: 8/31/98 for discovery, 9/16/98 for pretrial order, trial date 9/22/98 at 9:30 a.m. (ls) (Entered: 06/15/1998)

SCHEDULING ORDER: all discovery is to be completed by 8/31/98; pre-trial order is to be filed by 9/16/98; settlement conference with parties & counsel on 6/23/98 at 5:00 p.m.; trial date scheduled for 9/22/98 at 9:30 a.m. ( signed by Judge Robert P. Patterson ); Copies mailed (sac) (Entered: 06/15/1998)

SCHEDULING ORDER: all discovery to be completed by 9/30/98; pretrial order to be submitted on or before 10/14/98; trial date set for 10/19/98 at 9:30 a.m. ( signed by Judge Robert P. Patterson ); Copies mailed (ae) (Entered: 06/26/1998)

Filed Memo-Endorsement on letter by Stephen H. Weiner to Judge Patterson dated 9/9/98, reset discovery due for 11/20/98 ; reset pretrial order due for 12/2/98 ; trial set for 12/7/98 at 9:00 a.m. ( signed by Judge Robert P. Patterson ) (ae) (Entered: 09/14/1998)

Filed Memo-Endorsement on letter by Stephen H. Weiner to Judge Patterson dated 11/19/98, reset pretrial order due for 2/26/99 ; reset trial for 3/15/99 at 9:00 a.m. ( signed by Judge P. Patterson ) (ae) (Entered: 11/23/1998)

Filed Memo-Endorsement on letter addressed to Judge Patterson from Clyde Jay Eisman dated 1/29/99, granting in part request for an extension. Pltff's counsel is to respond to the issue of the court's jurisdiction on or before 2/16/99 (signed by Judge Robert P. Patterson). (kg) (Entered: 02/03/1999)

Filed Memo-Endorsement on letter to Judge Patterson from Steven A. Friedman dated 02/16/99, reset pretrial order due for 4/12/99 ; Trial for May 3, 1999 (signed by Judge Robert P. Patterson ) (djc) (Entered: 02/18/1999)

Filed Memo-Endorsement on letter addressed to Judge Patterson from Stephen H. Weiner, dated 2/16/99; Ms. Fontanella respectfully requests that if Your Honor decides to agree to the schedule proposed by Asst. Corporation Counsel Steven Friedman in his letter of today's date, there will be ample time to complete any outstanding discovery before trial on 5/3/99. In view of the Court's approval of the Corp. Counsel's schedule, this application is deemed moot ( signed by Judge Robert P. Patterson ) (sac) (Entered: 02/22/1999)

Pre-trial conference held before Judge Patterson (ls) (Entered: 04/16/1999)

Proposed Voir Dire Questions by The City of New York, Det Christin Morgillo (ri) Modified on 04/23/1999 (Entered: 04/22/1999)

NOTICE OF MOTION by Debra Ciraolo for an order granting the following motions in limine: to preclude testimony of the following witnesses for the City of New York defendants 1) Dr. Robert Berger and 2) "An individual, whose name will be supplied, who either conducted or supervised the strip search." In addition, plaintiff respectfully requests that this Court exclude City Exhibits L, Q, and S , no return date set (ri) (Entered: 04/22/1999)

Request to charge by Debra Ciraolo. (ri) (Entered: 04/22/1999)

Proposed Voir Dire Questions by Debra Ciraolo. (ri) (Entered: 04/22/1999)

Municipal defendants' first request for jury instructions (ri) (Entered: 04/22/1999)

Pre-trial conference held before Judge Patterson (cd) (Entered: 04/29/1999)

Memo endorsed on copy of motion; granting in part, denying in part [18-1] motion for an order granting the following motions in limine: to preclude testimony of the following witnesses for the City of New York defendants 1) Dr. Robert Berger and 2) "An individual, whose name will be supplied, who either conducted or supervised the strip search." In addition, plaintiff respectfully requests that this Court exclude City Exhibits L, Q, and S; pltff is to complete her examination by Dr. Berger. Dr. Berger is to complete his report and be deposed before trial; defts will provide pltff with the identity of such witness or witnesses and allow their deposition before trial; City Exhibits L, Q & S are not admissable as evidence. ( signed by Judge Robert P. Patterson ); Copies mailed. (jp) (Entered: 05/03/1999)

Jury trial begun before Judge Patterson. (jp) (Entered: 05/10/1999)

Jury trial begun & continued on 5/3/99 before Judge Patterson (ae) (Entered: 05/18/1999)

Jury trial held before Judge Patterson. (jp) (Entered: 05/10/1999)

Jury trial held & continued on 5/4/99 before Judge Patterson (ae) (Entered: 05/18/1999)

Jury trial held before Judge Patterson. (jp) (Entered: 05/10/1999)

Jury trial held & continued on 5/6/99 before Judge Patterson (ae) (Entered: 05/18/1999)

Jury trial concluded before Judge Patterson. (jp) (Entered: 05/10/1999)

JUDGMENT #99,1052, that plntf have judgment in the sum of $5,019,645.00 as against the deft, the City of NY (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of to appeal. Entered on 5/10/99 (cd) Modified on 05/12/1999 (Entered: 05/10/1999)

NOTICE OF APPEAL by The City of New York, Police Department, Christin Morgillo, Jane Does 1-2, Julie Fontanella ; from [23-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Stephen H. Weiner . $105.00 Appeal filing fee paid on May 10, 1999 on receipt # E 344851. (dt) (Entered: 05/11/1999)

Notice of appeal and certified copy of docket to USCA: [24-1] appeal by Julie Fontanella, Jane Does 1-2, Christin Morgillo, Police Department, The City of New York ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 05/11/1999)

STIPULATION AND ORDER; this action is hereby dismissed with prejudice and without costs, expenses, or fees in excess of the consideration specified in this document as against deft Julie Fontanella ; deft hereby agrees to provide pltff with the consideration set forth herein, in full satisfaction of all claims, including for costs, expenses, benefits and atty fees. In consideration for the payment of this sum, pltff agrees to dismissal of all the claims against the deft and all claims, or right of action in the complaint in this action, including claims for costs, expenses and atty fees. The effective date of this agreement is 3/31/99. Deft hereby agrees to provide pltff with the sum of $2,500.00. ( signed by Judge Robert P. Patterson ). (sac) (Entered: 05/13/1999)

Court Exhibit #2 at 12:24 p.m. (ae) (Entered: 05/19/1999)

Court Exhibit #3 (ae) (Entered: 05/19/1999)

Court Exhibit #4 at 1:02 p.m. (ae) (Entered: 05/19/1999)

Court Exhibit #5 at 2:35 p.m. (ae) (Entered: 05/19/1999)

Court Exhibit #6 at 3:37 p.m. (ae) (Entered: 05/19/1999)

Court Exhibit #6 at 3:06 p.m. (ae) (Entered: 05/19/1999)

Court Exhibit #7 at 4:34 p.m. (ae) (Entered: 05/19/1999)

Court Exhibit #8 (ae) (Entered: 05/19/1999)

Court Exhibit #9 at 5:00 p.m. (ae) (Entered: 05/19/1999)

Case closed (sac) (Entered: 05/14/1999)

AFFIRMATION in support of Stephen H. Weiner of his motion for attorney's fees and costs purs to 42 U.S.C. section 1988. (djc) (Entered: 05/26/1999)

MEMORANDUM of LAW in support of Motion of Plaintiff for Attorney's Fees (djc) (Entered: 05/26/1999)

Jury Trial Court Exhibit #1. Docketed per instructions of Chambers. (emil) (Entered: 05/26/1999)

Filed Memo-Endorsement on letter to Judge Patterson from Steven A. Freidman dated 5/26/99, defendant writes in response to plaintiff's motion for attorneys fees and costs, currently returnable 6/16/99. Plaintiff's application should be stayed pending the decision by the Second Circuit; Application granted, defendant need not respond to plaintiff's applaication for attorney's fees until 10 days after the Court of Appeals decides defendant's appeal (signed by Judge Robert P. Patterson) (ri) Modified on 06/03/1999 (Entered: 06/01/1999)

Transcript of record of proceedings before Judge Patterson filed for dates of 5/3-6/99 (jp) (Entered: 07/13/1999)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: (as) (Entered: 07/22/1999)

Report of the Clerk of Court regarding court-ordered mediation: Paragraph 4 or 5 and unresolved issues should be treated as if they had not been sent to mediation. (Signed by George O'Malley, Counsel for the Clerk of Court) (sc) (Entered: 08/05/1999)

Report of Mediator to the Clerk that the court-ordered mediation was held but was unsuccessful in resolving any issue in the case. The unresolved issues should be treated as if they had not been sent to mediation. (sc) (Entered: 08/05/1999)

Indexed record on appeal files (99-7550) sent to the U.S.C.A. *(Files requested by Vincenza Singleton from the U.S.C.A.)*. (dt) (Entered: 11/17/1999)

Memo-Endorsement on letter addressed to Judge Patterson from Lisa A. Weiss, dated June 23, 2000; Defendant's Response to motion reset to 7/26/00 for [38-1] motion for attorney fees to Stephen H. Weiner, Esq., in the sum of $64,215.00 with an appropriate multiplier and an award of attorney's fees to Scott Korenbaum, Esq., in the sum of $6,030.00, reset to 7/26/00 for [38-2] motion for costs in the amount of $7,484.59 ; (signed by Judge Robert P. Patterson); Copies mailed. (djc) (Entered: 06/29/2000)

MANDATE OF USCA (certified copy) Re: Ordered, Adjudged and decreed that the judgment of said district is Reversed in accordance with the opinion of this Court [24-1] appeal by Julie Fontanella, Jane Does 1-2, Christin Morgillo, Police Department, The City of New York. 99-7550, Roseann B. Mackechnie, Clerk. (sl) (Entered: 07/26/2000)

NOTICE OF CROSS MOTION by The City of New York, Police Department, Christin Morgillo for an order prus to FRCP 68 granting costs sought by City defts ; Return date not indicated; attached are papers in support (cd) (Entered: 07/27/2000)

Memo-Endorsement on letter addressed to Judge Patterson from Stephen H. Weiner, dated 8/14/00; granting counsel for the pltffs request for leave to serve an opposition to the defts [46-1] cross motion for costs on or before 8/18/00 , and granting the request to serve reply papers, if any, in further support of pltffs [38-1&2] application for legal fees on or before 8/18/00 ; defts reply papers to the [46-1] cross motion, if any, are due 8/28/00 . ( signed by Judge Robert P. Patterson ); Copies mailed. (jp) (Entered: 08/15/2000)

Record on appeal files (99-7550) returned from U.S. Court of Appeals: [24-1] appeal by Julie Fontanella, Jane Does 1-2, Christin Morgillo, Police Department, The City of New York. (dt) (Entered: 10/05/2000)

OPINION AND ORDER #84678, granting [46-1] cross motion for an order prus to FRCP 68 granting costs sought by City defts in the amount of $8,038.40; granting [38-1] motion for attorney fees in the amount of $14,737.50, granting [38-2] motion for costs in the amount of $4,378.95, for a total of $19,116.45 ( signed by Judge Robert P. Patterson ); Copies mailed (cd) Modified on 10/16/2000 (Entered: 10/13/2000)