Case: Iaffaldano v. Nassau County

Augustin v. Jablonsky

O'Day v. Nassau County

In Re: Nassau County Strip Search Cases

O'Day, et al v. Nassau County, et al

O'Day v. Nassau County

O'Day v. County of Nassau

U.S. Court of Appeals for the Second Circuit

Augustin v. Jablonsky

In re NASSAU COUNTY STRIP SEARCH CASES

COMPLAINT filed and summons(es) issued for County of Nassau, Thomas S. Gulotta, Nassau County Sherif, Division of Correcti, Joseph P. Jablonsky, Port Washington Poli, William Kilfoil FILING FEE $ 150.00 RECEIPT # 221562 (Campbell, Jennifer) (Entered: 07/30/1999)

NOTICE of attorney appearance for Joseph P. Jablonsky, Division of Correcti, Nassau County Sherif, Thomas S. Gulotta, County of Nassau by Paul F. Millus (Warner, Pam) (Entered: 08/19/1999)

RETURN OF SERVICE executed as to Joseph P. Jablonsky 8/9/99 Answer due on 8/29/99 for Joseph P. Jablonsky (Warner, Pam) (Entered: 08/19/1999)

RETURN OF SERVICE executed as to Nassau County Sherif 8/9/99 Answer due on 8/29/99 for Nassau County Sherif (Warner, Pam) (Entered: 08/19/1999)

RETURN OF SERVICE executed as to Thomas S. Gulotta, County of Nassau 8/4/99 Answer due on 8/24/99 for County of Nassau, for Thomas S. Gulotta (Warner, Pam) (Entered: 08/19/1999)

RETURN OF SERVICE executed as to William Kilfoil, Port Washington Poli 8/5/99 Answer due on 8/25/99 for Port Washington Poli, for William Kilfoil (Warner, Pam) (Entered: 08/19/1999)

STIPULATION and ORDER, extending time , and resetting answer due for 9/22/99 for County of Nassau, for Thomas S. Gulotta, for Nassau County Sherif, for Division of Correcti, for Joseph P. Jablonsky, for Port Washington Poli, for William Kilfoil ( signed by Judge Denis Hurley , on 9/8/99) (Bollbach, Jean) (Entered: 09/15/1999)

Endorsed order granting [5-1] motion to schedule a joint initial conference in 99 CV 3126, 98 CV 2844, and 99 CV 4238 ( Signed by Magistrate-Judge Arlene R. Lindsay , on 9/29/99) EOD# 5 CF (Branciforte, Ralph) (Entered: 10/05/1999)

Letter MOTION by Thomas S. Gulotta, County of Nassau for a pre- motion conference for a motion to dismiss pursuant to Rule 12(b)(6). Motion hearing (Branciforte, Ralph) (Entered: 10/06/1999)

Endorsed order terminating [6-1] motion for a pre-motion conference. No conference is required for a 12(b)(6) motion. Defendant's to serve motion by 11/1/99 , Response to motion by 12/1/99 , Reply to Response to Motion on 1/4/00 , setting motion filing deadline for 1/4/00 ( Signed by Judge Denis Hurley , on 9/30/99) EOD# 6 CM (Branciforte, Ralph) (Entered: 10/06/1999)

ANSWER to Complaint by Joseph P. Jablonsky, Nassau County Sherif, County of Nassau (Branciforte, Ralph) (Entered: 10/21/1999)

STIPULATION and ORDER, resetting answer due for 9/29/99 for Port Washington Poli, for William Kilfoil ( signed by Judge Denis Hurley , on 10/8/99) CM (Branciforte, Ralph) (Entered: 10/21/1999)

Calendar entry: Before USMJ Lindsay on 11/6/99. Counsel on civil action numbers: 99 CV 2844; 99 CV 3126; and 99 CV 4238 are to appear before the undersigned for an initial conference on 1/6/00 at 2:00 PM. CM (Branciforte, Ralph) (Entered: 11/23/1999)

STIPULATION and ORDER Plaintiff withdraws any and all claims in this action against County Executive Thomas S. Gulotta, without prejudice. In the event that plaintiff allegedly determines that County executive Thomas S. Gulotta should be reinstated as a proper party defendant, plaintiff must seek leave of the Court to do so, unless otherwise stipulated between the parties. In the event that plaintiff seeks to reinstate the claims in this action against County executive Thomas S. Gulotta, while preserving any and all other defenses to such claims, defendants shall not raise the Statute of Limitations as a bar to such claims. ( signed by Judge Denis Hurley , on 11/22/99) (Branciforte, Ralph) (Entered: 11/30/1999)

LETTER dated 10/14/99 from Jeffrey G. Smith to Judge Hurley re: plaintiff's proposed motion to strike. (Sapienza, Lorraine) (Entered: 12/22/1999)

Endorsed order granting the Port Washington defendants [12-1] motion for leave to file Motion to Dismiss. The parties shall confer on a briefing schedul and file all papers with the court when the motion is fully briefed. ( Signed by Judge Denis Hurley , on 12/22/99) EOD# 12 (Branciforte, Ralph) (Entered: 01/05/2000)

Status conference held (Branciforte, Ralph) (Entered: 01/12/2000)

Calendar entry: Before USMJ Lindsay on 1/6/00 @ 2:00 PM. Civil Cause For Initial Confernece. Case called. Counsel for parties present. Pre-trial Scheduling order adopted. (Branciforte, Ralph) (Entered: 01/12/2000)

SCHEDULING ORDER setting Settlement Conference by 10:30 7/20/00 ; Discovery cutoff 6/23/00 ; Pretrial order to be submitted on or before 7/14/00 ; Request for Pre-Motion 6/30/00. ( signed by Magistrate Arlene R. Lindsay , on 1/6/00) CG (Branciforte, Ralph) (Entered: 01/12/2000)

STIPULATION and ORDER Plaintiff's opposition to the Port Washington Defendants' motion to dismiss, and strike plaintiff's class allegations or, in the alternative, for summary judgment with respect to plaintiff's class allegations, shall be served by 2/22/00; Port Washington Defendants' reply papers served by 3/22/00. ( signed by Judge Denis Hurley , on 2/1/00) CM (Branciforte, Ralph) (Entered: 02/02/2000)

MOTION by William Kilfoil, Port Washington Poli to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment , Motion hearing Motion file stamped: 4/6/00 and mailed/served: 2/22/00 (Branciforte, Ralph) (Entered: 04/07/2000)

MEMORANDUM by William Kilfoil, Port Washington Poli in support of [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00 (Branciforte, Ralph) (Entered: 04/07/2000) Poli in support [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and strike the allegations of the of the complaint to the that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00. (Branciforte, Ralph) (Entered: 04/07/2000)

AFFIDAVIT by William Kilfoil in support of [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that action shall not be maintained as a class action against Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment (Branciforte, Ralph) (Entered: 04/07/2000)

MEMORANDUM by John Iaffaldano in opposition to [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall not be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00. (Branciforte, Ralph) (Entered: 04/07/2000)

Letter MOTION by Port Washington Poli, Joseph P. Jablonsky, Division of Correcti, Nassau County Sherif, County of Nassau To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126 , Motion hearing (Branciforte, Ralph) (Entered: 03/10/2000)

Endorsed order granting [16-1] motion To modify the briefing schedule regarding the motion for injunction relief, class certification and consolidation of 99 CV 2844, 99 CV 4238, and 99 CV 3126, Defendants' opposition papers served on plaintiff's counsel on 4/3/00; Reply papers due by 4/17/00 ( Signed by Judge Denis Hurley , on 3/10/00) EOD# 16 (Branciforte, Ralph) (Entered: 03/10/2000)

REPLY MEMORANDUM OF LAW by William Kilfoil, Port Washington Poli in further support of [17-1] motion to dismiss pursuant to Rule 12(b)(6) and Rule 23, determining that this action shall be maintained as a class action against the Port Washington Defendants and to strike the allegations of the of the complaint to the extent that it purports to allege a claim for relief as a class action, or for summary judgment. Motion file stamped: 4/6/00 and mailed/served: 2/22/00. (Branciforte, Ralph) (Entered: 04/07/2000)

DECLARATION by L. Lynnette Sarno for William Kilfoil, Port Washington Poli in opposition to the motion for consolidation and class certification in 99 CV 3126. (Branciforte, Ralph) (Entered: 06/08/2000)

PARTIAL STIPULATION and ORDER, dismissing this case with prejudice as to the defendants Port Washington Police District, William Kilfoil, Chief of Police, The Port Washington Police District ( signed by Judge Denis Hurley , on 6/16/00) (Branciforte, Ralph) (Entered: 06/19/2000)

LETTER dated 6/22/00 from Jeffrey Smith to USMJ Lindsay RE: Enclosed please find copies of plaintiff's application to Extend Deadlines in the Pre-Trial Scheduling Orders. (Branciforte, Ralph) (Entered: 07/06/2000)

Endorsment on [27-1] letter. The Court declines to enter the pretrial scheduling order requested. However, a 90-day extension of discovery is granted. All discovery is to conclude by 9/25/00. Request for a pre- motion conference by 10/10/00. Joint pretrial order by 10/19/00. Settlement conference on 10/24/00 at 3:00 p.m. In the event the certification motion changes the landscape of the discovery in this matter, parties are to so advise the undersigned. ( Signed by Magistrate Arlene R. Lindsay , on 6/23/00) CM (Branciforte, Ralph) (Entered: 07/06/2000)

Deadline updated; resetting discovery due for 9/25/00 , resetting pretrial order due for 10/19/00 , resetting settlement conference for 3:00 10/24/00 before Magistrate Arlene R. Lindsay (Branciforte, Ralph) (Entered: 07/06/2000)

ORDER Plaintiffs' application to extend the Scheduling Order issued by USMJ Lindsay is referred to USMJ Lindsay. In addition, the motion to dismiss filed by the Port Washington Defendants in 99 CV 4238 is administratively terminated as such defendants were dismissed from that case by order dtd. 6/16/00. (Judge Denis R. Hurley, dtd. 6/26/00) (Branciforte, Ralph) (Entered: 06/27/2000)

ORDER, resetting settlement conference for 2:00 11/2/00 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay , on 7/12/00) CM (Branciforte, Ralph) (Entered: 07/14/2000)

ORDER, that request by counsel for defts for extension of time is denied however, a 60 day extension of discovery is granted. All discovery is to conclude by 11/27/00. The parties are advised that, due to the age of this case, no further extensions of discovery will be granted. Request for a premotion conference by 12/7/00. Joint pretrial order by 12/14/00. Settlement conference scheduled for 11/2/00 is hereby adjourned and rescheduled for 12/21/00 @2:00 ( signed by Magistrate Arlene R. Lindsay , on 9/22/00) (Mierzewski, Liz) Modified on 10/04/2000 (Entered: 10/04/2000)

LETTER dated 12/7/00 from counsel for pltff to Judge Hurley re: Request for a pre-motion conference. (Docketed on 99 cv 3126 #26) (Mierzewski, Liz) (Entered: 12/12/2000)

LETTER dated 12/1/00 from Robert L. Herbst to Judge Lindsay re: Request for additional time to complete discovery in this matter. (Mierzewski, Liz) (Entered: 01/02/2001)

Letter MOTION to extend time for the settlement conference scheduled for 12/21/00 , Motion hearing [31-1] motion (Mierzewski, Liz) (Entered: 01/02/2001)

ORDER granting [31-1] motion to extend time for the settlement conference scheduled for 12/21/00 ( signed by Magistrate Arlene R. Lindsay , on 12/12/00) cf (Mierzewski, Liz) (Entered: 01/02/2001)

Calendar entry:, Before Magistrate Judge Lindsay dtd 2/9/01 Civil Cause for Conference. All parties present. set status conference for 10:00 3/14/01 before Magistrate Arlene R. Lindsay (Mierzewski, Liz) (Entered: 02/12/2001)

ORDER, reset status conference for 3:00 4/2/01 ( signed by Magistrate Arlene R. Lindsay , on 3/7/01) cm (Mierzewski, Liz) (Entered: 03/08/2001)

----------------------------------------------------------- - MEMORANDUM and ORDER granting in part, denying in part [16-1] motion to consolidate 99 CV 2844 and 99 CV 5126 pursuant to Rule 42(a); certifying this case as a class action pursuant to Rule 23; appointing Herbst & Greenwald LLP as class and lead counsel; The motion to consolidate this case with 99 CV 2844 and 99 CV 5126 is granted. to the extent it seeks certification of a unified class action is denied and motion to appoint Herbst & Greenwald as lead counsel is denied without prejudice to renew text----------------------------------------- MEMORANDUM and ORDER, consolidating cases ( signed by Judge Denis Hurley , on 3/8/01) (Mierzewski, Liz) (Entered: 03/12/2001)

Cases associated. (Mahon, Cinthia) (Entered: 11/19/2004)

LETTER dated 3/23/01 from counsel for pltffs to Judge Hurley re: Request for a pre-motion conference. (Mierzewski, Liz) (Entered: 03/27/2001)

LETTER dated 3/26/01 from Counsel for defts to Judge Hurley re: Request that the Court deny pltffs' request for a conference and permission to file a motion to renew and reargue in this matter. (Mierzewski, Liz) (Entered: 03/30/2001)

ORDER, ORDER, that the Court waives the requirement of a pre-motion conference and sets the following presumptive briefing schedule and page limitations: Pltffs shall serve their motion and 15 page limited memorandum in support on or before 4/6/01; Defts shall serve their 15 page limited memo in opposition on or before 4/13/01 and pltff shall serve their 10 page limited reply memorandum, if any, and file all papers with the Court on or before 4/17/01 ( signed by Judge Denis Hurley , on 3/28/01) cm (Docketed on 99cv3126 #38) (Mierzewski, Liz) Modified on 04/02/2001 (Entered: 04/02/2001)

CASE NO LONGER REFERRED TO Magistrate Arlene R. Lindsay (Garcia, Maria) (Entered: 05/30/2001)

Letter REQUEST dtd. 10/17/03 from Paul F. Millus to Hon. J. Hurley: pursuant to the Court's rules dfts request permission to file a summary judgment motion on the issue of whether liability has been conceded for all purposes in this action against all dfts as requested in decision dtd 9/23/03. (Barhome, Sydelle) (Entered: 11/18/2003)

Letter dtd. 10/10/03 from Paul f. Millus to Hon. J. Hurley responding to Mr. Herbst's letter to Court dtd. 10/20/03 in w hich he again seeks this Court's reconsideration of the class certification issue. Nassau county requests permission to submit a response to Mr. Herbst's letter by 11/3/01.(Barhome, Sydelle) (Entered: 11/18/2003)

Minute Entry Case called for proceedings held before Denis R. Hurley : Final Pretrial Conference held on 12/5/2003. For Plaintiff: Robert Herbst, For Defendant: Paul Millus. Status Conference set for 1/16/2004 03:00 PM before Senior-Judge Sterling Johnson Jr. Paul Millus withdraws as counsel for the County. County Attorney to file appearance. February 2, 2004 jury selection adjourned. Parties to discuss settlement. (Mierzejewski,(Mierzejewski, Elizabeth) (Entered: 12/11/2003)

NOTICE OF APPEAL by John Iaffaldano. Appeal Record due by 8/11/2005. (Wales, David) (Entered: 08/03/2005)

NOTICE by John Iaffaldano re 43 Notice of Appeal -- Notice of Attachments (Wales, David) (Entered: 08/03/2005)

NOTICE by John Iaffaldano re 43 Notice of Appeal - EXHIBITS A through E (Attachments: # 1 Exhibit Exhibits C, D, and E)(Wales, David) (Entered: 08/08/2005)

Electronic Index to Record on Appeal sent to US Court of Appeals re 42 Order Dismissing Case, 45 Notice (Other), 43 Notice of Appeal, 44 Notice (Other) For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) (Entered: 08/08/2005)

USCA Appeal Fees received $ 255 receipt number 17184 re 43 Notice of Appeal filed by John Iaffaldano, (Romano, Daniel) (Entered: 08/10/2005)

USCA Scheduling Order as to 43 Notice of Appeal filed by John Iaffaldano,. Appeal Record due by 10/5/2005.Appellant's brief due by 10/12/05, appellee's brief by 11/14/05, argued not befor 1/2/06. (Romano, Daniel) (Entered: 09/30/2005)

MEMORANDUM AND OPINION granting class certification. A pre-trial conference will be held on May 9, 2008 at 2:00 pm.. See attached order.. Ordered by Senior Judge Denis R. Hurley on 3/27/2008. (Best, Patricia)

ORDER re 47 Memorandum & Opinion; That class certification is granted for damages purposes, and a damages class is hereby certified of all persons arrested for misdemeanors or non-criminal offenses in Nassau County who thereafter were strip searched at the Nassau County Correctional Center pursuantto defts' blanket policy, practice and custom which required that all arrestees be strip-searched upon admission to the facility, from May 20, 1996 until and including June 1, 1999; and that the earlier appointments of Beldock Levine & Hoffman LLP as lead class counsel and Emery Celli Brinckerhoff & Abady LLP and Wolf Haldenstein Adler Freemen & Herz LLP as class co-counsel are hereby confirmed. ( Ordered by Senior Judge Denis R. Hurley on 5/1/08.) (Fagan, Linda). Ordered by Senior Judge Denis R. Hurley on 5/1/08. (Fagan, Linda) (Entered: 05/05/2008)

Letter from Marilyn Block to the Clerk of Court, dated 8/12/09 re: To request to be added as a party to this class action. (Fagan, Linda) (Entered: 08/21/2009)

Letter from Marilyn Bloch to Judge Hurley, dated April 16, 2010 re: To request to be designated as a "lead plaintiff" in this action. (Fagan, Linda) (Entered: 04/23/2010)

NOTICE Of Attorney Appearance by Frank X. Kilgannon on behalf of Angel Ortiz. (Attachments: # 1 Affidavit of Service, # 2 Cover Letter) (Fagan, Linda) (Entered: 08/18/2010)