Case: Dodge v. Orange County

Rango v. Count of Orange

Dodge v. County of Orange

Dodge v. County of Orange

Dodge v. County of Orange

Dodge v. County of Orange

Dodge v. County of Orange

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 428901. (ll) (Entered: 02/01/2002)

Case accepted as related to 7:00cv1325 and 7:00cv2749 . Notice of assignment to follow. (sv)

Notice of Case assignment to Judge Colleen McMahon . Copy of notice and judge's rules mailed to Attorney(s) of record: James Edward Monroe . (sv) (Entered: 02/05/2002)

NOTICE OF MOTION by Anthony Dodge, Peter A. Machado, Joseph Petriello to certify class action, pursuant to FRCP 23 as a class defined as: all pre-trial detainiees placed in custody of the Orange COunty Sheriff's Office on or after 1/31/99 and strip-searched upon their arrival at the Orange County Jail pursuant to dfts' uniform strip-search, and for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . No Return date (pf) (Entered: 02/25/2002)

MEMORANDUM OF LAW by Anthony Dodge, Peter A. Machado, Joseph Petriello in support of [3-1] motion to certify class action, pursuant to FRCP 23 as a class defined as: all pre-trial detainiees placed in custody of the Orange COunty Sheriff's Office on or after 1/31/99 and strip-searched upon their arrival at the Orange County Jail pursuant to dfts' uniform strip-search, [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . (pf) (Entered: 02/25/2002)

RETURN OF SERVICE of Summons & Complaint executed as to County of Orange by leaving with Mary S. Coleman at Orange County Government Center, 255 Main Street, Goshen, NY 10924,by Heather Woodruff on 2/13/02. Answer due on 3/5/02 for County of Orange. (dc) (Entered: 03/04/2002)

Memo-Endorsement on letter addressed to Counselors from Christina Sanabria, dated 3-5-02. Re: Who represents Sheriff Bigger in his individual capacity? . ( signed by Judge Colleen McMahon ); Copies mailed. (dh) (Entered: 03/06/2002)

Memo-Endorsement on letter addressed to Judge McMahon from James M. Fedorchak, dated 03/06/02. Re: With the consent of the plaintiffs' attorney, that branch of the Motion which seeks a class certification will be submitted to the Court on 04/04/02. Also, with the consent of the plaintiffs' attorney, the time to file our answer has been extended to 04/14/02. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 03/12/2002)

AFFIDAVIT of Christina M. Sanabria by County of Orange, H. Frank Bigger in opposition to [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . (sv) (Entered: 03/12/2002)

MEMORANDUM OF LAW by County of Orange, H. Frank Bigger in opposition to [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . (sv) (Entered: 03/12/2002)

DECLARATION of Jospeh G. Ryan by County of Orange, H. Frank Bigger in opposition Re: [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . (sv) (Entered: 03/12/2002)

REPLY MEMORANDUM by Anthony Dodge, Peter A. Machado, Joseph Petriello re: [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 (ad) (Entered: 03/20/2002)

DECLARATION of Gordon Barnum, Jr. by Anthony Dodge, Peter A. Machado, Joseph Petriello Re: [3-1] motion to certify class action, pursuant to FRCP 23 as a class defined as: all pre-trial detainiees placed in custody of the Orange COunty Sheriff's Office on or after 1/31/99 and strip-searched upon their arrival at the Orange County Jail pursuant to dfts' uniform strip-search . (ad) (Entered: 03/20/2002)

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE:... If such a consent order is not filed within the time provided, a pretrial conference will be held for 11:45 5/3/02, in courtroom 521, 300 Quarropas Street, White Plains, NY... ( signed by Judge Colleen McMahon ) (pf) (Entered: 03/28/2002)

ANSWER to Complaint by H. Frank Bigger (Attorney James M. Fedorchak from the Firm: Gellert & Quartararo, P.C.) . (pf) (Entered: 04/04/2002)

Memo-Endorsement on letter addressed to USDJ McMahon from James Fedorchak, dated 4/2/02. Re:...ask that our time to file and serve our answer and submit in the motion be extended to 4/11/02...ENDORSEMENT: Granted. So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 04/04/2002)

ANSWER to Complaint by County of Orange, H. Frank Bigger (Attorney Christina Sanabria from the Firm: Orange County Attys Office) . (pf) (Entered: 04/05/2002)

DECLARATION of Domenic Dimarco by County of Orange, H. Frank Bigger in opposition Re: [3-1] motion to certify class action, pursuant to FRCP 23 as a class defined as: all pre-trial detainiees placed in custody of the Orange COunty Sheriff's Office on or after 1/31/99 and strip-searched upon their arrival at the Orange County Jail pursuant to dfts' uniform strip-search, [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . (pf) (Entered: 04/15/2002)

MEMORANDUM OF LAW by County of Orange, H. Frank Bigger in opposition to [3-1] motion to certify class action, pursuant to FRCP 23 as a class defined as: all pre-trial detainiees placed in custody of the Orange COunty Sheriff's Office on or after 1/31/99 and strip-searched upon their arrival at the Orange County Jail pursuant to dfts' uniform strip-search, [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . (pf) (Entered: 04/15/2002)

REPLY MEMORANDUM by Anthony Dodge, Peter A. Machado, Joseph Petriello re: [18-1] opposition memorandum, [17-1] affidavit (pf) (Entered: 04/22/2002)

SCHEDULING ORDER: rule 26(a) discovery must be exchanged on or before 5/15/02; no additional parties after 9/27/02; no amendments to the pleadings will be permitted after 9/27/02; all discovery shall be completed on or before 9/27/02, plaintiff's disposition shall shall proceed first and must be completed by 7/30/02; a joint pre-trial order shall be filed on or before 9/27/02, together with any in limine motions and responses to in limine motions shall be filed by 10/15/02; . ( signed by Judge Colleen McMahon ); Copies mailed. (jma) (Entered: 05/03/2002)

Memo-Endorsement on letter addressed to Judge Colleen McMahon from James M. Fedorchak, dated 5/24/02. Re: deft. subject of strip search.....(CM), counsel having decided the indetical motion in Maneely, Iam now turning my attention to Dodge. There is no need at this time to add any named plaintiff's. ( signed by Judge Colleen McMahon ); Copies mailed. (jma) (Entered: 06/04/2002)

MEMDORAND AND ORDER GRANTING PLANTIFFS' REQUEST FOR A PRELIMINARY INJUNCTION HEARING AND ORDERING A HEARING REGARDING RULE 23(B)(2) CERTIFICATION; granting [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65..........For the foregoing reaons, plaintiffs' request for a preliminary injunctin hearing is granted. That Preliminary Injunction hearing will be combined with a classs certification hearing to determine whether class certification under Rule 23(b)(2) is appropriate, or whether partial class certification under Rule 23(c)(4)(A) would be the best method for adjudicating this case. The hearing is schedlued to begin on June 24, 2002. This constitutes the decision of and order of the Court. So Ordered ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 06/06/2002)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Any and all Discovery Disputes. Referred to Magistrate Judge Lisa M. Smith . ( So ordered and signed by Judge Colleen McMahon ) (jma) (Entered: 06/03/2002)

ORDER Re: Scheduling conflict. I have rec'd Mr. Fedorchak's letter indicating that he has a scheduling conflict with the June 24 hearing date. Unfortunately, the Court has an extremely busy trial calendar and this matter cannot easily by resuduled. Mr. Fedorchak will have to find substitute counsel to represent his client during the hearing, or change his vaction plans. . ( signed by Judge Colleen McMahon ); Copies mailed. (dh) (Entered: 06/03/2002)

MEMORANDUM OF LAW re: I have received your letters concerning the subpoenas for production of various records of the Orange County Jail concerning searches conducted after last August 1, when the jail's policy concerning strip searches allegedly changed. While the request as drafted is overly broad, it does call for considerable relevant evidence that must be produced prior to the preliminary injunction hearing that I have scheduled for June 24...........As I am in the middle of a lenghty criminal trial, all further discovery disputes shall be taken to Magistrate Judge Smith. An orer of reference is attached. Judge Smith is hereby advised that we are aiming toward a preliminary injunction hearing on June 24, and that the Court has directed that all discovelry be expedited. So Ordered . (sv) (Entered: 06/03/2002)

ORDER, for writ of habeas corpus ...the Clerk is hereby Ordered to issue a Writ of Habeas Corpus directed to Sheriff H. Frank Bigger at the Orange County Sheriff's Office, and the United STates Marshal for the SDNY, or any other authorized Officer, to produce Gordon Barnum, Jr., now confined at the Orange County Jail...in the custody of H. Frank Bigger or the person there in charge, before the Hon. Colleen McMahon, USDJ, United States District Court, SDNY, 300 Quarropas Street, White Plains, NY beginning on June 24, 2002 at 9:00 a.m. until the conclusion of this hearing or at any time tehreafter as the Court may direct. So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. WRIT ISSUED...Certified copy sent to U.S. Marshall (pf) Modified on 06/19/2002 (Entered: 06/19/2002)

Memorandum to Docket Clerk: 6/24/02- Court Reporter: Christina Arends-Dieck . Parties present. Hearing held on preliminary injunction motion. See attached minutes and exhibit list. Hearing concluded. Opinion to follow. ...submitted by Bonnie Schroeder (pf) (Entered: 06/27/2002)

MEMORANDUM & ORDER granting [3-1] motion to certify class action, pursuant to FRCP 23 as a class defined as: all pre-trial detainiees placed in custody of the Orange COunty Sheriff's Office on or after 1/31/99 and strip-searched upon their arrival at the Orange County Jail pursuant to dfts' uniform strip-search, granting [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 ... Plntffs' motion for a preliminary injunction preventing the OCCF from enforcing its current strip search policy is granted. Plntffs' motion for class certification is granted pursuant to Rule 23(b)(2)...So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 07/26/2002)

ORDER granting [3-2] motion for preliminary injunction enjoining dfts from enforcing this uniform strip-search policy pursuant to FRCP 65 . SO Ordered ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 07/29/2002)

Transcript of record of proceedings before Judge Colleen McMahon for the date(s) of June 24, 2002. (ll) (Entered: 08/02/2002)

NOTICE OF MOTION by H. Frank Bigger suspening the preliminary injunction contained in this Court's Order entered on July 26, 2002 . Return Date 8/14/02 (sv) (Entered: 08/05/2002)

MEMORANDUM OF LAW by H. Frank Bigger re: preliminary injunction be suspended. (sv) (Entered: 08/05/2002)

NOTICE OF MOTION by H. Frank Bigger for an Order to stay all proceedings . Return Date 8/30/02. (dcr) (Entered: 08/19/2002)

MEMORANDUM OF LAW by H. Frank Bigger in support of [33-1] motion for an Order to stay all proceedings. (dcr) (Entered: 08/19/2002)

NOTICE OF APPEAL by County of Orange, H. Frank Bigger from [29-1] order, [28-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Christina Sanabria, James M. Fedorchak, James Edward Monroe . Appeal record due on 9/23/02. $105.00 fee paid. Receipt number 442734. C&D Forms Issued. (sv) (Entered: 08/22/2002)

Notice of appeal and certified copy of docket to USCA: [35-1] appeal by H. Frank Bigger, County of Orange ; Copy of notice of appeal sent to District Judge. (sv)

ORDER denying [33-1] motion for an Order to stay all proceedings.......For the foregoing reasons, Defendants' request for a stay pending appeal of the preliminary injunction entered on July 26, 2002 is denied. This constitutes the decision and order of the Court. So Ordered . ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 08/23/2002)

Letter filed by Anthony Dodge, Peter A. Machado, Joseph Petriello addressed to Judge McMahon from James E. Monroe, dated 08/20/02, re: Opposition to Deft's Motions'dated 08/05/02 to 08/15/02. (dc) (Entered: 08/27/2002)

Memo-Endorsement on letter addressed to Judge McMahon from James E. Monroe, dated September 26,2002. Re: respectfully request an additional week to complete the submission of their Joint Pre-Trial Order and file their motion papers. ENDORSED: OK. ( signed by Judge Colleen McMahon ); (clk/m/cpys) (sv) (Entered: 10/01/2002)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [35-1] appeal by H. Frank Bigger, County of Orange (cg) (Entered: 10/01/2002)

Trial MEMORANDUM OF LAW by County of Orange re: . (ll) (Entered: 10/07/2002)

Proposed Voir Dire Questions by County of Orange (ll) (Entered: 10/07/2002)

Request to charge by County of Orange (ll) (Entered: 10/07/2002)

NOTICE OF MOTION by Anthony Dodge, Peter A. Machado, Joseph Petriello for summary judgment . (ll) (Entered: 10/07/2002)

MEMORANDUM OF LAW by Anthony Dodge, Peter A. Machado, Joseph Petriello in support of [43-1] motion for summary judgment . (ll) (Entered: 10/07/2002)

JOINT PRETRIAL ORDER (UNSIGNED) (pf) (Entered: 10/07/2002)

Memo-Endorsement on letter addressed to Judge McMahon from Christina M. Sanabria, dated 10/8/02. Re: requesting that the deft's. time to respond.....ENDORSED, OK. ( signed by Judge Colleen McMahon ); (jma) (Entered: 10/10/2002)

CASE REFERRED TO Judge Colleen McMahon as possibly related to 7:02cv769, 7:00cv2749, 7:00cv1325. (sv) (Entered: 10/24/2002)

Case accepted as related to 02cv769, 00cv2749 and 00cv1325 . Notice of assignment to follow. (sv) (Entered: 10/31/2002)

AFFIDAVIT of Christina M. Sanabria by County of Orange, and H. Frank Bigger, Sheriff of Orange County in opposition to [43-1] motion for summary judgment . (ll) (Entered: 11/22/2002)

MEMORANDUM OF LAW by County of Orange, H. Frank Bigger in opposition to [43-1] motion for summary judgment . (ll) (Entered: 11/22/2002)

MEMORANDUM OF LAW by H. Frank Bigger in opposition to [43-1] motion for summary judgment. (dc) (Entered: 11/25/2002)

AFFIRMATION of James M. Fedorchak by H. Frank Bigger in opposition to [43-1] motion for summary judgment. (dc) (Entered: 11/25/2002)

Letter filed by Anthony Dodge addressed to Judge McMahon from J. Monroe, dated 12/5/02, re: relpy to def. opp. papers. (bls) (Entered: 12/26/2002)

Notice that the record on appeal has been transmitted to the US COurt of Appeals on this date. Appeal was reequested by Vincenza Singleton. The USCA# is 02-8020. (cg)

MANDATE OF USCA (certified copy) Re: [35-1] appeal by H. Frank Bigger, County of Orange ... Petitioner's, through counsel and pursuant to FRCP 23(f), petition for leave to appeal from an order certifying the respondents' class. Upon due consideration, it is ordered that the motion is denied because Petitioners have failed to demonstarte that either: (1) the certification order will effectively terminate the litigation; or (2) the certification order implicates a legal question about which there is a compelling need for immediate resolution...Furthermore, Petitioners have presented no "special circumstances that militate in favor of an immediate appeal".. (ISSUED AS MANDATE: 3/4/03) Copies mailed by Clerk's Office (pf) (Entered: 03/18/2003)

Memo-Endorsement on letter addressed to Judge McMahon from James M. Fedorchak, dated April 4, 2003. Re: request that Gregory Vidler, an attorney in good standing and admitted to practice in the State of California be admitted pro hac vice...ENDORSED: Granted - get the paperwork in ASAP. So Ordered. ( signed by Judge Colleen McMahon ); clk/m/cpys (sv) (Entered: 04/08/2003)

Letter filed by County of Orange, H. Frank Bigger addressed to Judge McMahon from Robert S. Groban, Jr., dated April 4, 2003, re: write in support of James Fedorchack's APril 4, 2003 letter to the Court request that an attoreny, Gregory Vidler be admitted pro hac vice..... (sv) (Entered: 04/08/2003)

Letter filed by Robert S. Groban, Jr.; writing in support of James Fedorchak's April 4, 2003 letter to the Court requesting that an attorney, Gregory Vidler be admitted pro hac vice... (sv) (Entered: 04/08/2003)

Endorsed Letter filed by James M. Fedorchak: requesting that Gregory Vidler be admitted pro hac vice: ENDORSED: granted - get the paperwork in ASAP. So Orderd Judge Colleen McMahon. (sv) (Entered: 04/08/2003)

ORDER (Calendar Notice) ; Please take notice that the captioned matter has veen scheduled for: Pre-trial Conference before the Honorable Colleen McMahon, United States District Judge, on Thursday, May 1, 2003 at 10:00am. So Ordered . ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 04/22/2003)

ORDER (Calendar Notice) (orginal document filed in 02cv769 with doc# 55); Please take notice that the above captioned matter has been scheduled for Pre-trial conference before the Honorable Colleen McMahon, United States District Judge, on Thursday, May 1, 2003 at 10:00am. So Ordered ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 04/22/2003)

Letter filed by County of Orange, H. Frank Bigger addressed to Judge McMahon from Robert S. Groban, Jr., dated April 30, 2003, re: outline certain issues that we believe that the Court should address at tomorrow's pretial conference... (sv) (Entered: 05/05/2003)

Transcript of record of proceedings before Judge Colleen McMahon for the date(s) of May 1, 2003. (sv) (Entered: 05/08/2003)

Transcript of record of proceedings before Judge Colleen McMahon for the date(s) of May 1, 2003. Original document filed in 02Cv769. (sv) (Entered: 05/08/2003)

Memorandum to Docket Clerk: 05/10/03 - Court Reporter: Angela O'Donnell. Decision: Trial to be held in front of Judge McMahon on May 19, 27, 28, 29. Judge McMahon to visit jail on May 29 after hearing evidence. Range. Rangs (02cv8451) and Dodge (02cv769) are consolidated. Parties agree to Stipulation re non-felony detainees strip-searched b/w 08/01/ - 08/02. Parties to submit witness statements and pre-marked copies of exhibits before trial. No pre-trial order to be submitted. Parties to submit briefs (including proposed findings of fact and conclusions of law) following trial. See Transcript or file. Submitted By: John P. (dcr) (Entered: 05/13/2003)

Case closed. (ll) (Entered: 09/19/2003)

Consolidated Lead Case. Member case # 02cv8451.(dcr)

Consolidated Member Case. Lead Case Number: 7:02cv769. (dcr) (Entered: 05/13/2003)

Proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW () (ll) (Entered: 06/30/2003)

CONCLUSIONS OF LAW () (ll) (Entered: 06/30/2003)

Transcript of record of proceedings before Judge Colleen McMahon for the date(s) of 5/19/03. Court Reporter: Albi Gorn (pf) (Entered: 06/30/2003)

Transcript of record of proceedings before Judge Colleen McMahon for the date(s) of 5/19/03. Court Reporter: Albi Gorn. (see document #61 in case 7:02cv769 (CM)) (pf) (Entered: 06/30/2003)

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by County of Orange, H. Frank Bigger . (pf) (Entered: 07/01/2003)

POST-TRIAL MEMORANDUM by County of Orange, H. Frank Bigger . (pf) (Entered: 07/02/2003)

MANDATE OF USCA (certified copy) Re: WITHDRAWN [35-1] appeal without prejudice to reinstatement in accordance with the stipulation of the parties made in open court. by H. Frank Bigger, County of Orange (ll) (Entered: 07/08/2003)

AFFIDAVIT OF SERVICE of Post-Trial Memorandum of Law as to Anthony Dodge, Peter A. Machado, Joseph Petriello, Samuel Rango, Jarrod H. Mann, Rocco Manniello by Maritza Gonzalez on 6/30/03, by Federal Express (overnight) . . (sv) (Entered: 07/16/2003)

AFFIDAVIT OF SERVICE of Proposed Findings of Fact and as to Anthony Dodge, Peter A. Machado, Joseph Petriello, Samuel Rango, Jarrod H. Mann, Rocco Manniello by Maritza Gonzalez on 6/30/03, Federal Express (overnight delivery) . . (sv) (Entered: 07/16/2003)

Memorandum to Docket Clerk: Telephone conference will all counsel re (1) clarifications of parties' requests following trial, and (2) clarifications of the factual record. Submitted by John Pelletieri (sv) (Entered: 09/04/2003)

Telephone Conference held before Judge Colleen McMahon . (sv)

Letter filed by Samuel Rango, Jarrod H. Mann, Rocco Manniello addressed to Judge McMahon from Robert S. Groban, Jr., dated 09/03/03, re: Response to two inquiries posed by the Court during a telephone conference with counsel. (dcr) (Entered: 09/08/2003)

Memorandum to Docket Clerk: Bench Trial held before Judge McMahon on May 19, 2003, May 20, 2003, May 27, 2003 and May 28, 2003. Testimony taken at Orange County Correctional Facility (OCCF) on May 29, 2003. Judge McMahon given tour of facility on May 29, 2003. Parties to submit post-tril memorandum, including findings of fact and conclusions of law by June 30. Submitted by: John Pellatteri, Law Clerk. (ll) (Entered: 09/08/2003)

Letter filed addressed to Judge McMahon from Robert S. Groban, dated 09/08/03, re: Response to inquiry posed by the court regarding the number of holding cells in the booking and receiving area in the Orange County Correctional Facility ("OCCF"). (dcr) Modified on 09/11/2003 (Entered: 09/11/2003)

FINDINGS OF FACT AND CONCLUSIONS OF LAW: Plaintiffs' request for an injunction is granted. My order granting plaintiff an injunction is directly appealable to the Second Circuit pursuant to 28USC:1292, even though the plaintiffs' claims for damages remain to be tried to a jury. If deft's intend to take an appeal, the Court will stay further proceedings pending the determination of that appeal. ( signed by Judge Colleen McMahon ) (dcr) (Entered: 09/11/2003)

Memo-Endorsement on letter addressed to Judge McMahon from Robert N. Isseks, dated September 11, 2003. Re: stay. ENDORSDED: I specifically did NOT stay the injunction on pending appeal - nor could I given the four things I would have to find in order to enter a stay . I am staing all other proceedings i.e., the action for damages. Only the Second Circuit can stay the injunction. So Ordered. ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 09/15/2003)

Letter filed by County of Orange, H. Frank Bigger addressed to Judge McMahon from Robert S. Groban, Jr., dated September 10, 2003, re: request the Court to confirm that this constructio of the Decision is correct. (sv) (Entered: 09/16/2003)

NOTICE OF APPEAL by County of Orange, H. Frank Bigger from [71-1] findings of fact order. Copies of notice of appeal mailed to Attorney(s) of Record: James Edward Monroe, Christina Sanabria, James M. Fedorchak. $105.00 Fee Paid. Receipt# 485199 (dcr) Modified on 09/19/2003 (Entered: 09/19/2003)

Notice of appeal and certified copy of docket to USCA: [74-1] appeal by H. Frank Bigger, County of Orange ; Copy of notice of appeal sent to District Judge. (dcr)

Memo-Endorsement on letter addressed to Dear Judge McMahon from Robert S. Groban, Jr., dated 09/18/03. Re: we write to advise the Court that deft's. have filed a Notice of Appeal to the Second Circuit Court of Appeal in connection with this Court's "Findings of Fact and Conclusions of Law Following Trial"......ENDORSED, All further proceedings in the above .....actions are STAYED pending appeal. ( signed by Judge Colleen McMahon ); copies mailed by clerks office. (jma) (Entered: 09/26/2003)

ORDER There is currently a pending motion for partial summary judgment on the docket sheet. The motion was filed 10-7-02 and was effectively determined by the Court at the trial on the merits held in May 2003. Accordingly, mark the motion off calendar and remove from the motion report . ( signed by Judge Colleen McMahon ); chambers faxed to counsel (dh) (Entered: 10/10/2003)

Letter filed addressed to To all counsel from Judge McMahon, dated 10/14/03, re: Letter from Mr. Groban.....I have a strange letter from Mr. Groban...He suggests that I granted plaintiff's motion for partial summary judgment against Orange County and Sheriff Bigger..... (jma) (Entered: 10/15/2003)

Memo-Endorsement on letter addressed to USDJ McMahon from James Monroe, dated 10/14/03. Re:withdrawing [43-1] motion for summary judgment . .. ENDORSEMENT: OK-Thanks. SO ORdered:( signed by Judge Colleen McMahon ); Copies sent by Clerk's Office (pf) (Entered: 10/17/2003)

Letter filed addressed to Dear Judge McMahon from Robert S. Groban, Jr., dated 10/10/03, re: request that Court to reconsider its 10/3/03 Order Granting the motion for partial summary judgment.... (jma) (Entered: 10/17/2003)

Notice that the index to the record on appeal has been certified and transmitted to the usca on this date. The record will be retained by the usdc until further instructions from the usca. (cg) (Entered: 11/19/2003)

Notice that the index to the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [0-0] transmitted appeal, [74-1] appeal by H. Frank Bigger, County of Orange, [39-1] recommendations appeal, [0-0] transmitted appeal (cg) (Entered: 11/19/2003)

Notice that the index to the record appeal has been certified and transmitted to the usca on this date. The record will be retained by the usdc until further notice by the usca. (cg)

CASE NO LONGER REFERRED to Magistrate Judge Lisa Margaret Smith. (fk, )

CALENDAR NOTICE: Pretrial Conference set for 8/6/2004 10:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 06/30/04) (fk, ) (Entered: 07/09/2004)

ENDORSED LETTER addressed to Judge Colleen McMahon from Robert S. Groban, Jr. dated 7/12/04 re:....request that the conference be adjourned to 8/13/04...ENDORSEMENT: Matter adjourned to 8/13/04 at 11:00 a.m.. SO Ordered:. (Signed by Judge Colleen McMahon on 7/13/04) Filed In Associated Cases: 7:02-cv-00769-CM,7:02-cv-08451-CM Copies sent by Chambers.(pf, ) (Entered: 07/15/2004)