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39
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COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 47562 ; Service deadline 7/29/00 for Jane Doe, for John Doe, for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady (wbl) Modified on 03/15/2001 (Entered: 05/31/2000)
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May 30, 2000
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May 30, 2000
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|
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Filing Order Issued; Conference set before Magistrate Judge David R. Homer in Albany, Status Conference at 10:00 10/10/00 , Deadline for filing Case Management Plan, 9/25/00 (wbl) (Entered: 05/31/2000)
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May 30, 2000
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May 30, 2000
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|
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SUMMONS(ES) issued for City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe (wbl) (Entered: 05/31/2000)
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May 30, 2000
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May 30, 2000
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2
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ACKNOWLEDGEMENT OF SERVICE as to City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski on 6/13/00 : Answer due on 7/3/00 for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady (tab) (Entered: 06/26/2000)
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June 23, 2000
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June 23, 2000
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3
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ANSWER to Complaint by City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe (Attorney Joseph R. Cardamone), (wjg) (Entered: 06/30/2000)
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June 29, 2000
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June 29, 2000
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4
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ANSWER to Complaint by Richard Barnett, Michael Siler (Attorney Michael Louis Koenig), (wjg) (Entered: 07/18/2000)
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July 17, 2000
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July 17, 2000
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5
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NOTICE of attorney appearance for Richard Barnett, Michael Siler by Michael Koenig (wjg) (Entered: 07/21/2000)
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July 20, 2000
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July 20, 2000
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6
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Proposed Joint Civil Case Management Plan Submitted. (fce) (Entered: 09/29/2000)
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Sept. 29, 2000
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Sept. 29, 2000
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7
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LETTER REQUEST by Kevin Luibrand dd 9/20/00 and ORDER, for schedule of deposition of defts Thomas Mattice (10/31/00 @ 10:00am), Marisela Mosher (10/31 @ 11:30am), Eric Hesch (10/31 @ 1:00pm), Richard Barnett (10/31 @ 2:00pm), Michael Glasser (11/1 @ 10:00), William Lachanski (11/1 @ 11:30) and Michael Siler (11/1 @ 1:00pm); all depositions to take place at the offices of Tobin & Dempf ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 10/03/2000)
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Oct. 3, 2000
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Oct. 3, 2000
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8
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Scheduling Notice:, reset Filing Order Deadlines: Conference set before Magistrate Judge David R. Homer in Albany, NY, Status Conference at 9:00 10/27/00 , Deadline for filing Case Management Plan, 10/18/00 (wjg) (Entered: 10/11/2000)
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Oct. 10, 2000
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Oct. 10, 2000
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|
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Returned defts' answer to amended complaint with crossclaim to Atty. Cardamone with Document rejection Notice; no amended complaint filed at this time; such complaint must be filed first before answer/crossclaim can be filed (rejection notice placed in file, with copies to all counsel). (wjg) (Entered: 10/11/2000)
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Oct. 11, 2000
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Oct. 11, 2000
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9
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NOTICE and ORDER dated October 13,2000 reassigning case from Judge Kahn to Judge McAvoy (fce) Modified on 10/19/2000 (Entered: 10/19/2000)
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Oct. 19, 2000
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Oct. 19, 2000
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|
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CASE Reassigned to Judge Thomas J. McAvoy (fce) (Entered: 10/19/2000)
|
Oct. 19, 2000
|
Oct. 19, 2000
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10
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Uniform Pretrial Order; Length of Trial: 5 days; Trial Location: Albany, NY; Joining of Parties Deadline 1/1/01 ; Amending of Pleadings Deadline 2/1/01 ; Discovery Deadline 5/1/01 ; Motion Filing Deadline 8/1/01 ; Trial ready deadline 11/1/01 Jury Trial Deadline 9:30 11/14/01 ; ( Signed by: Magistrate Judge David R. Homer ) (wjg) (Entered: 10/30/2000)
|
Oct. 27, 2000
|
Oct. 27, 2000
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|
11
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ORDER TO SHOW CAUSE: why defts should not be compelled to obtain separate counsel ( Signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 10/30/2000)
|
Oct. 27, 2000
|
Oct. 27, 2000
|
|
12
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LETTER MOTION by Michael Siler to Stay discovery pending resolution of a criminal case in which Siler is a named deft Motion returnable before Judge/Mag. Judge: Homer (wjg) (Entered: 11/07/2000)
|
Nov. 7, 2000
|
Nov. 7, 2000
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|
13
|
ORDER, Motion Hearing set for 10:00 12/15/00 re: [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , Response to Motion reset to 11/27/00 for [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , Reply to Response to Motion reset to 12/8/00 for [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , and to Stay the deposition of Siler pending resolution of [12-1] Motion ( signed by Magistrate Judge David R. Homer ) Date Entered: 11/7/00 (wjg) (Entered: 11/07/2000)
|
Nov. 7, 2000
|
Nov. 7, 2000
|
|
14
|
LETTER RESPONSE BRIEF by Kevin Luibrand for Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee to [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft (wjg) (Entered: 11/08/2000)
|
Nov. 8, 2000
|
Nov. 8, 2000
|
|
15
|
ORDER, to Amend [13-1] order , Reply to Response to Motion reset to 11/15/00 for [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft , Motion Hearing set for 10:00 11/20/00 re: [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft; the motion will be taken on submit and without oral argument , and to Stay deposition of Siler pending resolution of this motion ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 11/14/2000)
|
Nov. 13, 2000
|
Nov. 13, 2000
|
|
16
|
LETTER REQUEST by Kevin Luibrand dd 11/10/00 and ORDER, for Leave to File and serve an amended complaint ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 11/28/2000)
|
Nov. 28, 2000
|
Nov. 28, 2000
|
|
17
|
LETTER to MJ Homer from Michael Koenig dd 11/13/00 consenting to filing of proposed amended complaint. (wjg) (Entered: 11/28/2000)
|
Nov. 28, 2000
|
Nov. 28, 2000
|
|
19
|
AMENDED COMPLAINT by Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee , Service deadline 2/2/01 for Jane Doe, for John Doe, for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady , amends [1-1] complaint (wjg) Modified on 12/04/2000 (Entered: 11/28/2000)
|
Dec. 4, 2000
|
Dec. 4, 2000
|
|
|
Deadline updated; set Service Deadline to 2/2/01 for Eric Hesch, for Jane Doe, for John Doe, for William Lachanski, for Marisela Mosher, for Michael Glasser, for Thomas X. Mattice, for Michael Siler, for Richard Barnett, for City of Schenectady (wjg) (Entered: 12/04/2000)
|
Dec. 4, 2000
|
Dec. 4, 2000
|
|
20
|
ANSWER by City of Schenectady, Thomas Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe, Eric Hesch (Attorney Joseph R. Cardamone) to amended complaint (wjg) (Entered: 12/07/2000)
|
Dec. 7, 2000
|
Dec. 7, 2000
|
|
20
|
CROSSCLAIM by City of Schenectady, Thomas Mattice, Michael Glasser, Marisela Mosher, William Lachanski, John Doe, Jane Doe, Eric Hesch against Richard Barnett, Michael Siler (wjg) (Entered: 12/07/2000)
|
Dec. 7, 2000
|
Dec. 7, 2000
|
|
21
|
ORDER denying [12-1] motion to Stay discovery pending resolution of a criminal case in which Siler is a named deft ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 12/12/2000)
|
Dec. 11, 2000
|
Dec. 11, 2000
|
|
22
|
ORDER, Motion Hearing set for 9:00 1/12/01 concerning the representation of Barnett and Siler; defts Barnett and Siler shall personally attend the hearing ( signed by Magistrate Judge David R. Homer )[served to all parties and to William Dreyer, Esq.] (wjg) (Entered: 12/12/2000)
|
Dec. 11, 2000
|
Dec. 11, 2000
|
|
23
|
NOTICE of attorney appearance for Richard Barnett by William J. Dreyer (wjg) (Entered: 12/21/2000)
|
Dec. 20, 2000
|
Dec. 20, 2000
|
|
24
|
ORDER APPROVING DEFTS' WAIVER OF POTENTIAL CONFLICT, that based upon the circumstances as presently known, including the info set forth in the affidavits of defts Mattice, Glasser, Mosher, Lachanski and Hesch, the Court finds that those defts have been provided with sufficient written notice by counsel of the potential for conflict inherent in their being jointly represented by the same atty, and have knowingly and voluntarily chosen to proceed with that joint representation , and that the affidavits of Mattice, Glasser, Mosher, Lachanski and Hesch, with attachments, which were submitted pursuant to the court's Order dd 10/27/00, and contain sensitive and attorney-client priviledged matters, shall be filed by the court under seal ( signed by Magistrate Judge David R. Homer ) Date Entered: 1/3/01 (wjg) (Entered: 01/04/2001)
|
Jan. 3, 2001
|
Jan. 3, 2001
|
|
25
|
SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)
|
Jan. 3, 2001
|
Jan. 3, 2001
|
|
26
|
SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)
|
Jan. 3, 2001
|
Jan. 3, 2001
|
|
27
|
SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)
|
Jan. 3, 2001
|
Jan. 3, 2001
|
|
28
|
SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)
|
Jan. 3, 2001
|
Jan. 3, 2001
|
|
29
|
SEALED AFFIDAVIT (sealed per [24-1] Order) (wjg) (Entered: 01/04/2001)
|
Jan. 3, 2001
|
Jan. 3, 2001
|
|
30
|
ANSWER by Michael Siler (Attorney Michael Koenig) to amended complaint (wjg) (Entered: 01/05/2001)
|
Jan. 5, 2001
|
Jan. 5, 2001
|
|
32
|
ANSWER by Richard Barnett (Attorney Daniel J. Stewart) to amended complaint (wjg) (Entered: 01/22/2001)
|
Jan. 22, 2001
|
Jan. 22, 2001
|
|
33
|
Scheduling Notice:, set In Chambers Conference (regarding deft Siler's representation) for 11:00 1/30/01 (wjg) (Entered: 01/24/2001)
|
Jan. 24, 2001
|
Jan. 24, 2001
|
|
38
|
**This motion was received by the Court on 3/14/01, but is considered filed as of 1/30/01 (date of initial 7.1[b] letter), pursuant to the CJRA Reporting requirements instituted 3/1/00** MOTION by Elizabeth Gonzalez, Michael Fyvie for Partial Summary Judgment , Hearing set for 10:00 4/27/01 Motion returnable before Judge/Mag. Judge: McAvoy in Binghamton, NY (wjg) (Entered: 03/15/2001)
|
Jan. 30, 2001
|
Jan. 30, 2001
|
|
34
|
AFFIDAVIT/CERTIFICATE OF SERVICE by Michael Siler of Answer to Amended Complaint as to Kevin Luibrand and Michael Brockbank, Esqs. on 1/5/01. (wjg) (Entered: 02/01/2001)
|
Jan. 31, 2001
|
Jan. 31, 2001
|
|
35
|
LETTER of Kevin Luibrand dd 1/30/01 on behalf of Elizabeth Gonzalez, Michael Fyvie pursuant to Local Rule 7.1(b) regarding Motion: for partial summary judgment Date Served upon counsel: 1/30/01 (wjg) (Entered: 02/01/2001)
|
Feb. 1, 2001
|
Feb. 1, 2001
|
|
36
|
AFFIDAVIT/ACKNOWLEDGEMENT OF SERVICE as to Eric Hesch on 1/26/01. (wjg) (Entered: 02/05/2001)
|
Feb. 5, 2001
|
Feb. 5, 2001
|
|
37
|
STATUS REPORT LETTER advising of impending deadlines. Status report due on 3/14/01 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 02/28/2001)
|
Feb. 28, 2001
|
Feb. 28, 2001
|
|
41
|
**This motion was received by the Court on 3/14/01, but is considered filed as of 3/1/01, pursuant to the CJRA Reporting requirements instituted 3/1/00** CROSS MOTION by City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch for Summary Judgment , Hearing set for 10:00 4/27/01 in Binghamton, NY (wjg) (Entered: 03/15/2001)
|
March 1, 2001
|
March 1, 2001
|
|
38
|
AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez, Michael Fyvie Re: support of [38-1] motion for Partial Summary Judgment (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
39
|
Statement of Material Facts in Support of [38-1] motion for Partial Summary Judgment filed by Elizabeth Gonzalez, Michael Fyvie (wjg) Modified on 03/15/2001 (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
40
|
MEMORANDUM OF LAW by Elizabeth Gonzalez, Michael Fyvie in support of [38-1] motion for Partial Summary Judgment (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
41
|
AFFIDAVIT by Michael Seber for City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch Re: support of [41-1] cross motion for Summary Judgment, and in opposition to [38-1] motion for Partial Summary Judgment (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
42
|
Statement of Material Facts in Support of [41-1] cross motion for Summary Judgment, and in response/opposition to [38-1] motion for Partial Summary Judgment filed by City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
43
|
MEMORANDUM OF LAW by City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch in opposition to [38-1] motion for Partial Summary Judgment, and in support of [41-1] cross motion for Summary Judgment (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
44
|
REPLY AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez, Michael Fyvie to response to [38-1] motion for Partial Summary Judgment, and in opposition to [41- 1] cross motion for Summary Judgment (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
45
|
REPLY MEMORANDUM OF LAW by Elizabeth Gonzalez, Michael Fyvie in further support of [38-1] motion for Partial Summary Judgment, and in opposition to [41-1] cross motion for Summary Judgment (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
46
|
LETTER on of Kevin Luibrand dd 3/13/01 on behalf of Elizabeth Gonzalez, Michael Fyvie pursuant to Local Rule 7.1(b) regarding reply to response to Motion: for summary judgment (and opposition papers as to cross-motion for summary judgment); Date Served upon counsel: 3/13/01 (wjg) (Entered: 03/15/2001)
|
March 14, 2001
|
March 14, 2001
|
|
47
|
NOTICE of attorney appearance for City of Schenectady, Richard Barnett, Michael Siler, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch by Michael J. Murphy (tab) (Entered: 03/27/2001)
|
March 27, 2001
|
March 27, 2001
|
|
52
|
AFFIDAVIT(s) of Rebecca Gage and Diane UpDyke on behalf of Jane Doe(s) in opposition to Re: [41-1] cross motion for Summary Judgment (pta) (Entered: 04/09/2001)
|
March 29, 2001
|
March 29, 2001
|
|
48
|
AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez Re: support of [48-1] motion for Rule 11 Sanctions [STRICKEN FROM THE RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 04/04/2001)
|
April 3, 2001
|
April 3, 2001
|
|
48
|
MOTION by Elizabeth Gonzalez for Rule 11 Sanctions , Hearing set for 10:00 5/14/01 , Response Deadline 4/30/01 , Reply to Response Deadline 5/7/01 Motion returnable before Judge/Mag. Judge: McAvoy in Albany, NY [STRICKEN FROM THE RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 04/04/2001)
|
April 3, 2001
|
April 3, 2001
|
|
49
|
Rule 11 Compliance AFFIDAVIT by Kevin Luibrand for Elizabeth Gonzalez Re: support of [48-1] motion for Rule 11 Sanctions [STRICKEN FROM RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 04/04/2001)
|
April 3, 2001
|
April 3, 2001
|
|
50
|
Scheduling Notice: resetting [48-1] Motion for Sanctions to 5/14/01 @ 10:00am before USDJ McAvoy in Albany. (wjg) (Entered: 04/04/2001)
|
April 3, 2001
|
April 3, 2001
|
|
|
Motion(s) no longer referred: [48-1] motion for Rule 11 Sanctions (wjg) (Entered: 04/04/2001)
|
April 3, 2001
|
April 3, 2001
|
|
51
|
ORDER denying Defts' [41-1] cross motion for Summary Judgment in its entirety, granting Pltf Fyvie's motion [38-1] motion for Partial Summary Judgment as to his claim against City/Schenectady in violation of his 4th Amendment; and denying Pltf Gonzalez's motion for summary judgment in its entirety ( signed by Judge Thomas J. McAvoy ) Date Entered: 4/5/01 (amt) (Entered: 04/05/2001)
|
April 5, 2001
|
April 5, 2001
|
|
53
|
AMENDED NOTICE of attorney appearance for City of Schenectady, Thomas X. Mattice, Michael Glasser, Marisela Mosher, William Lachanski, Eric Hesch by Michael Murphy (wjg) (Entered: 04/10/2001)
|
April 9, 2001
|
April 9, 2001
|
|
54
|
Court NOTICE to counsel dd 4/19/01 advising that the pending motions will be on submit basis; no appearances necessary; MDO already issued. (sfp) (Entered: 04/20/2001)
|
April 19, 2001
|
April 19, 2001
|
|
55
|
Minute entry: MOTION CALENDAR HELD 4/27/01 bef Judge McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; LC/SE; CRD/cml. Defts City/Schenectady+ [41-1] cross motion for Summary Judgment; and, Pltfs' [38-1] motion for Partial Summary Judgment - TAKEN ON SUBMIT [addressed by TJM [51-1] order] (cml) (Entered: 04/30/2001)
|
April 27, 2001
|
April 27, 2001
|
|
56
|
ORDER, set Settlement Conference for 9:30 6/20/01 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 05/01/2001)
|
April 30, 2001
|
April 30, 2001
|
|
57
|
RESPONSE AFFIDAVIT by Michael Murphy for City of Schenectady to [48-1] motion for Rule 11 Sanctions [STRICKEN FROM RECORD AND RETURNED TO COUNSEL PER COURT'S (60-1) ORDER] (wjg) Modified on 05/16/2001 (Entered: 05/01/2001)
|
May 1, 2001
|
May 1, 2001
|
|
58
|
Court NOTICE to counsel dd 5/4/01 advising that the pending motions [48-1] will be taken on submit; no appearances necessary (sfp) (Entered: 05/04/2001)
|
May 4, 2001
|
May 4, 2001
|
|
59
|
Letter of Attorney Luibrand to the Court dd 5/9/01 advising Pltf Fyvie's claim is ready for trial and anticipates trial to take 3 to 4 days and could begin on 6/1/01 [copy forwarded to chambers/CML] (amt) (Entered: 05/11/2001)
|
May 11, 2001
|
May 11, 2001
|
|
60
|
ORDER advising the court will not consider the merits of the instant motion; rejecting and striking Pltf's [48-1] motion for Rule 11 Sanctions and Defts' opposition to that motion ( signed by Judge Thomas J. McAvoy ) (amt) (Entered: 05/14/2001)
|
May 11, 2001
|
May 11, 2001
|
|
61
|
Minute entry: MOTION CALENDAR HELD 5/14/01 bef Judge McAvoy in Albany, NY: APP: None; CR: B. Buckley; LC/SSt; CRD/mp. Pltfs' [48-1] motion for Rule 11 Sanctions - TAKEN ON SUBMIT [addressed by TJM [60-1] order] (cml) (Entered: 05/15/2001)
|
May 14, 2001
|
May 14, 2001
|
|
|
Motion hearing re: Pltfs' [48-1] motion for Rule 11 Sanctions held (cml) (Entered: 05/15/2001)
|
May 14, 2001
|
May 14, 2001
|
|
62
|
NOTICE to Daniel Stewart, Esq. from Clerk advising that (per USDJ McAvoy's chambers) the Court will not consider request to sever without a formal motion. (wjg) (Entered: 05/25/2001)
|
May 25, 2001
|
May 25, 2001
|
|
|
Settlement conference held (wjg) (Entered: 06/25/2001)
|
June 20, 2001
|
June 20, 2001
|
|
63
|
Minute entry: SETTLEMENT CNF BEFORE MJ HOMER ON 6/20/01; APP-Kevin Luibrand, Mike Murphy and Dan Stewart, Esqs.; no settlement reached. (wjg) (Entered: 06/25/2001)
|
June 25, 2001
|
June 25, 2001
|
|
64
|
LETTER of Michael Murphy dd 6/27/01 on behalf of City of Schenectady pursuant to Local Rule 7.1(b) regarding Motion: for partial summary judgment Date Served upon counsel: 6/27/01 (wjg) (Entered: 06/27/2001)
|
June 27, 2001
|
June 27, 2001
|
|
75
|
**This motion was received by the Court on 7/31/01, but is considered filed as of 6/27/01, pursuant to the CJRA reporting requirements instituted 3/1/00** MOTION by City of Schenectady for Partial Summary Judgment , Hearing set for 10:00 9/10/01 Motion returnable before Judge/Mag. Judge: McAvoy in Albany, NY (wjg) (Entered: 07/31/2001)
|
June 27, 2001
|
June 27, 2001
|
|
70
|
**This motion was received by the Court on 7/31/01, but is considered filed as of 6/29/01, pursuant to the CJRA reporting requirements instituted 3/1/00** MOTION by Richard Barnett for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie , Hearing set for 10:00 9/10/01 Motion returnable before Judge/Mag. Judge: McAvoy in Albany, NY (wjg) (Entered: 07/31/2001)
|
June 29, 2001
|
June 29, 2001
|
|
65
|
DOCUMENT REJECTION ORDER, rejecting affidavit, offer of judgment (does not follow FRCivP 68 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/05/2001)
|
July 3, 2001
|
July 3, 2001
|
|
66
|
DOCUMENT REJECTION ORDER, rejecting Deft Barnett's Motion for Summary Judgment & supporting papers ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/05/2001)
|
July 3, 2001
|
July 3, 2001
|
|
|
Returned Offer of Judgment, Affidavit to counsel Michael Murphy with Document Rejection Order (copies of Order to Counsel). (wjg) (Entered: 07/05/2001)
|
July 3, 2001
|
July 3, 2001
|
|
|
Returned deft Barnett's Motion for Summary Judgment & supporting papers to atty Stewart w/Document Rejection Order (copies of Order to Counsel). (wjg) (Entered: 07/05/2001)
|
July 3, 2001
|
July 3, 2001
|
|
67
|
LETTER of Joseph Amicone, Esq. pursuant to Local Rule 7.1(b) regarding response to Motion: for summary judgment (and in support of Barnett's motion for severance). Date Served upon counsel: 7/19/01 (wjg) (Entered: 07/20/2001)
|
July 19, 2001
|
July 19, 2001
|
|
68
|
LETTER dated 7/18/01 by Kevin A. Luibrand, Esq., on behalf of Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee pursuant to Local Rule 7.1(b) regarding Motion: opposition to partial summary judgment Date Served upon counsel: 7/18/01 (jel) (Entered: 07/24/2001)
|
July 19, 2001
|
July 19, 2001
|
|
69
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CERTIFICATE OF SERVICE by Kevin Luibrand, Esq., for Elizabeth Gonzalez, Michael Fyvie, Charles Frisbee stated served opposition papers to motion for partial summary judgment upon adversaries. (jel) (Entered: 07/24/2001)
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July 19, 2001
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July 19, 2001
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71
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Statement of Material Facts in Support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie filed by Richard Barnett (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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72
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AFFIDAVIT by Richard Barnett Re: support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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73
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AFFIDAVIT by Daniel Stewart for Richard Barnett Re: support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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74
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MEMORANDUM OF LAW by Richard Barnett in support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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75
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AFFIDAVIT by Michael Murphy for City of Schenectady Re: support of [75-1] motion for Partial Summary Judgment (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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76
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Statement of Material Facts in Support of [75-1] motion for Partial Summary Judgment filed by City of Schenectady (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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77
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MEMORANDUM OF LAW by City of Schenectady in support of [75-1] motion for Partial Summary Judgment (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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79
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Statement of Material Facts in response/opposition to [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie filed by Charles Frisbee (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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80
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Statement of Material Facts in response/opposition to [75-1] motion for Partial Summary Judgment filed by Charles Frisbee (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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81
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MEMORANDUM OF LAW by Charles Frisbee in opposition to [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie, [75-1] motion for Partial Summary Judgment (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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82
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REPLY AFFIDAVIT by Daniel Stewart for Richard Barnett to response to [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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83
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REPLY MEMORANDUM OF LAW by Richard Barnett in further support of [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales and Fyvie (wjg) (Entered: 07/31/2001)
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July 31, 2001
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July 31, 2001
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84
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Court NOTICE to counsel advising that the pending motions for 9/10/01 will hear oral argument at 10:00 am in Albany before Judge McAvoy (sfp) (Entered: 09/04/2001)
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Sept. 4, 2001
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Sept. 4, 2001
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Motion hearing re: Pltfs' [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by each pltf; and, Defts' [75-1] motion for Partial Summary Judgment held (cml) (Entered: 09/12/2001)
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Sept. 10, 2001
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Sept. 10, 2001
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85
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Minute entry: MOTION CALENDAR held 9/10/01 bef Judge McAvoy in Albany, NY: APP: None; CR: V. Theleman; LC/JC; CRD/mp. Pltfs' [70-1] motion for Summary Judgment/to dismiss and for severance of all claims by Plaintiff Frisbee from Gonzales & Fyvie; and, Defts' [75-1] motion for Partial Summary Judgment - TAKEN ON SUBMIT. (cml) (Entered: 09/12/2001)
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Sept. 12, 2001
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Sept. 12, 2001
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86
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DECISION & ORDER granting in part, denying in part [70-1] summary judgment motion by City of Sch'dy and Mr. Banett; That much of Fourth Amendment claims and state law false arrest claims seeking damages from these defts for Mr. Frisbee's detention after the point in time that the marijuana was discovered are dismissed. These same claims, however, remain viable against these defts inasmuch as they seek damages for the detention up to the time of the discovery of the marijuana. , granting in part, denying in part [75-1] summary judgment motion by Deft Barnett on the grounds of qualified immunity; Mr. Barnett is granted qualified immunity for his role in the strip search of Mr. Frisbee occurring on 4/1/98 and this much of Plaintiff's claim is dismissed. His motion for summary judgment on the grounds of qualified immunity is denied in all other respects. Deft Barnett's motion to dismiss the state law claims against him is granted, and all state law claims brought against Mr. Barnett are dismissed. Deft Barnett's motion to sever the claims of Mr. Frisbee from the other plaintiffs' claims is Granted pursuant to FRCivP 21. The Cler is Ordered to assign the severed action a separate trial date as close in time as possible to the trial date set in the R16 Scheduling Order in the main action, taking into account the Court's schedule and the overlap of counsel in the now-separate actions. Deft Barnett's motion to bifurcate the trial of the claim between the individual officers and the municipal claims is Granted, however, the claims shall be tried back to back to the same jury. (signed by Judge Thomas J. McAvoy ) (wjg) (Entered: 09/17/2001)
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Sept. 14, 2001
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Sept. 14, 2001
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87
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COURT Notice dtd 10/23/01 resetting Gonzalez/Fyvie Jury Trial for 9:30 AM on 12/3/01 in Binghamton , N.Y. The Frisbee jury trial is set for 9:30 AM on 12/17/01 in Binghamton, N.Y. (cml) (Entered: 10/23/2001)
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Oct. 23, 2001
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Oct. 23, 2001
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