Maneely v. The City of Newburgh

Maneely v. The City of Newburgh

208 F.R.D. 69

Maneely v. The City of Newburgh

256 F.Supp.2d 204

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 400934. (kz) (Entered: 03/28/2001)

Magistrate Judge Mark D. Fox is so designated. (kz)

RETURN OF SERVICE of Summons & Complaint executed as to The City of Newburgh, William Bloom by Larry Woodruff on 4/9/01 . Answer due on 4/30/01 for The City of Newburgh, for William Bloom . Served by leaving with Lt. G. Fischer (pf) (Entered: 04/20/2001)

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 10:30 5/25/01, in courtroom 521, 300 Quarropas Street, White Plains, NY... ( signed by Judge Colleen McMahon ) (pf) (Entered: 04/30/2001)

ANSWER to Complaint by The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom (Attorney Monte J. Rosenstein from the Firm: Monte J. Rosenstein, P.C.) . (pf) (Entered: 05/10/2001)

CONSENT SCHEDULING ORDER: Rule 26(a) discovery must be exchanged by 7/10/01; No additional parties may be joined after 10/1/01; No amendments to th epleadings after 10/1/01; All discovery shall be completed by 11/1/01; plntff's deposition shall proceed first and must be completed by 8/15/01; A joint pretrial order in the form prescribed in Judge McMahon's individual rules shall be filed by 11/10/01, together with any in limine motions and memos of law; Responses to in limine motions by 11/26/01; So ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 05/30/2001)

Order that case be referred to a Magistrate Judge for Any and All Discovery Disputes. Referred to Magistrate Judge Mark D. Fox . ( signed by Judge Colleen McMahon ) (pf) (Entered: 09/21/2001)

NOTICE OF SUBSTITUTION OF ATTORNEY for The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom . (Terminated attorney Monte J. Rosenstein for William Bloom, attorney Monte J. Rosenstein for The City of Newburgh, attorney Monte J. Rosenstein for Nicholas J. Valentine, attorney Monte J. Rosenstein for Marlene A. Koisch, attorney Monte J. Rosenstein for Stephen Rockafellow, attorney Monte J. Rosenstein for Regina M. Angelo, attorney Monte J. Rosenstein for Harold J. Porr III, attorney Monte J. Rosenstein for Andrew Marino, attorney Monte J. Rosenstein for The City of Newburgh ) Added attorney Marilyn D. Berson.(dc) Modified on 10/12/2001 (Entered: 10/12/2001)

NOTICE OF SUBSTITUTION OF ATTORNEY for Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine . (Terminated attorney Marilyn D. Berson for Nicholas J. Valentine, attorney Marilyn D. Berson for Marlene A. Koisch, attorney Marilyn D. Berson for Stephen Rockafellow, attorney Marilyn D. Berson for Regina M. Angelo, attorney Marilyn D. Berson for Harold J. Porr III, attorney Marilyn D. Berson for Andrew Marino ) Added attorney Richard - Golden. (dc) (Entered: 10/12/2001)

NOTICE OF SUBSTITUTION OF ATTORNEY for William Bloom. (Terminated attorney Marilyn D. Berson for William Bloom ) Added attorney James M. Fedorchak. (dc) (Entered: 10/12/2001)

NOTICE OF SUBSTITUTION OF ATTORNEY for The City of Newburgh. (Terminated attorney Marilyn D. Berson for The City of Newburgh ) Added attorney David Merrill Posner. (dc) (Entered: 10/12/2001)

ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner,...(see document for details)...So Ordered: ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (pf) (Entered: 10/15/2001)

NOTICE OF MOTION by Timothy S. Maneely pursuant to FRCP 23(a) and (b)(3), as class defined . Return date 11/16/01. (ll) (Entered: 10/30/2001)

MEMORANDUM OF LAW by Timothy S. Maneely in support of [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined . (ll) (Entered: 10/30/2001)

Letter filed by The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom addressed to Hon. McMahon from Patrick Burke, dated Nov. 9, 2001, re: extension of time. (ll) (Entered: 11/19/2001)

ORDER granting [14-1] miscellaneous ext. of time to Dec. 10, 2001. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (ll)

ORDER The defendant is to respond to the class motion by 12/10/01. See document for further information. Judge Colleen McMahon ); Copies mailed. (fc) (Entered: 11/26/2001)

Memo-Endorsement on letter addressed to Judge McMahon from James E. Monroe, dated December 3, 2001. Re: In an effort to avoid wasting the Court's resources in deciding the issue of legislative immunity as to these individual defendants, we are forwarding a stipulation of discontinuance to the attorneys for the City Mayor, Manager and City Council members discontinuing this action as to these defendants. Endorsed: There is no need to delay merit discovery - class discovery should already have taken place. ( signed by Judge Colleen McMahon ); Copies mailed. (sv) (Entered: 12/06/2001)

MEMORANDUM OF LAW by The City of Newburgh, William Bloom in opposition to [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined . (pf) (Entered: 12/10/2001)

AFFIDAVIT of David L. Posner by The City of Newburgh in support of [17-1] opposition memorandum. (dc) (Entered: 12/10/2001)

REPLY MEMORANDUM by Timothy S. Maneely re: [17-1] opposition memorandum (pf) (Entered: 12/18/2001)

PARTIAL STIPULATION AND ORDER of dismissal; It is hereby stipulated and agreed, by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued as against the defendants, Andrew Marino, Mayor of the City of Newburgh; Harold J. Porr, III Mananger of the City of Newburgh; Regina M. Angelo, City Council Member; Stephen Rockafellow, City of Council Member; Marlene A. Koisch, CIty Council Member and Nicholas J. Valentine, City Council Member without cots to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED: ( signed by Judge Colleen McMahon ) (sv) (Entered: 12/20/2001)

STIPULATION and ORDER granting time to file amended answer. So Ordered: . ( signed by Judge Colleen McMahon ) (ll) (Entered: 01/07/2002)

AMENDED ANSWER to Complaint by William Bloom : amends [4-1] answer (sv) (Entered: 01/09/2002)

AMENDED ANSWER to Complaint by The City of Newburgh, William Bloom : amends [4-1] answer (sv) (Entered: 01/09/2002)

ORDER DIRECTING DFT TO PROCURE COURT RECORDS: I have been advised that an authorization from plntff has proved insufficient to enable opposing counsel to procure the records of Mr. Maneely's case in the Town of Newburgh Justice Court. This is a repeated problem. I do not understand why, if an acquitted dft in a criminal case asks that records be unsealed, they are not unsealed. After all, they are sealed for his benefit, and if he chooses to make them public, it is his business. However, I do not have the case number, or even the date, of People v. Maneely. If I do not have them, perhaps the Town Justice does not know what they are, either. He can't very well find them if they are not properly identified. And in any event, the proper procedure is to file a special proceeding in the relevant court, seeking to have the records unsealed, with Mr. Maneely supporting the request, and attaching an order of this COurt directing that the parties obtain the records for use in this proceeding. Accordingly, this COurt finds that the record of proceedings that relate to the strip search that is the subject of this Complaint are necessary for the prosecution and defense of this action. I direct the parties, plntff and dfts, to make a joint application for unsealing, for the limited purpose of this action only, to the Town of Newburgh Justice Court. This Order may be attached as an exhibit to that appliaction. If for some reason the Town Justice refuses to grant the motion, let me know, and I will contact Chief Administrative Judge Lippmann of the Office of Court Administration, who has helped me sort out similar difficulties in the past. So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. (pf) (Entered: 02/05/2002)

MEMORANDUM AND DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION; granting [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined. CONCLUSION: For the foregoing reasons, plaintiff's Motion for partial class certification is granted. Plaintiff has already moved for Summary Judgment on the underlying issue of the existence of an unconstitutional strip search policy in Newburgh. The stay of consideratin of that Motion is now lifted. Deft's have 20 days from today's date ot serve a response to plaintiff's Motion. This date will not be extended. Plaintiff then will have 10 days to serve a reply - again, with no extension. The Court will issue its decision 30 days thereafter. Should the class plaintiff prevail, there remains the question of what, if any, class-wide relief will be apporpriate in addition ot the entry of declaratory Judgment. Two issues occur to the Court: Should notice of the Court's decision be sent to the class members, and should the statute of limitations (which has been tolled for putative class members since the filing of the complaint, see Crown, Cork & Seal CO., Inc. vs. Parker, 462 US 345, 353-54 (1983)) be further tolld to give individuals who may be affected by the decision, and by the Court's refusal to certify class originally requested, an opportunity to obtain counsel to pursue their individual claims. I aslk that class counsel weigh in on theses issues within 10 days. Deft's counsel should response to plaintiff's submission in their responsive papers on the Motion. This constitutes the decision and Order of the Court. SO ORDERED: (signed by Judge Colleen ); Copies mailed. (dc) (Entered: 05/22/2002)

Letter Brief filed addressed to USDJ McMahon from James Monroe, dated 5/24/02, re: in response to Your Honor's request for class counsel to weigh in on the issues of class notice and the applicable tolling provisions... (pf) (Entered: 05/30/2002)

Letter filed by The City of Newburgh, Andrew Marino, Harold J. Porr III, Regina M. Angelo, Stephen Rockafellow, Marlene A. Koisch, Nicholas J. Valentine, The City of Newburgh, William Bloom addressed to Judge McMahon from David L. Posner, dated June 6, 2002, re: class notice issue and plaintiff' submission of May 24, 2002. (sv) (Entered: 06/11/2002)

MEMORADNUM ORDERERING CLASS NOTIFICATION: Deftt's assert that they should be able to produce a list of persons arrested during the class period that includes the charges brought against the individuals. Deft's have until June 25, 2002 to produce this document to plaintiff. Class counsel then shall send out the notice to the class members, by first class mail, postage paid, by July 15, 2002. The notice shall also be published in local newspapers in English and Spanish by that date. This will provide counsel with plenty of time to have the short document translated into Spanish. Class members shall be given until 10/07/02 to respond to the class notice. This procedure will provide the best notice practicable under the curcumstances to satisfy due process requirements and FRCP 23(c). Deft's must respond to plaintiff's Motion for Summary Judgment by July 10, 2002. This Constitutes the Decision and Order of the Court. ( signed by Judge Colleen McMahon ); Copies mailed. (dc) (Entered: 06/12/2002)

RULE 56.1 STATEMENT filed by The City of Newburgh, The City of Newburgh, William Bloom (ll) (Entered: 07/12/2002)

MEMORANDUM OF LAW by The City of Newburgh in opposition to motion for summary judgment. (ll) (Entered: 07/12/2002)

Huck -v- City of Newburgh Record on Appeal Vol. 1 by The City of Newburgh . (ll) (Entered: 07/12/2002)

Huck v- City of Newburgh Record on Appeal Volume II by The City of Newburgh . (ll) (Entered: 07/12/2002)

Memo-Endorsement on letter addressed to Judge McMahon from James M. Fedorchak, dated 7/8/02. Re: request until 7/19/02 to file our opposition.....DENIED. (signed by Judge Colleen McMahon ); Copies mailed. (jma) (Entered: 07/12/2002)

Transcript of record of proceedings for the date(s) of various. Examination before trial of Maneely, Bloom, Sorrentino, Rodgers, Labrada, Ferra, Quinn and Jackson (ll) (Entered: 07/12/2002)

REQUEST TO BE EXCLUDED FROM CLASS ACTION filed by Tania Rayford. (dc) (Entered: 07/18/2002)

DECLARATION of Kelly Wood Re: procedure concerning the processing of pre-trial detainees . (sv) (Entered: 07/18/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by David S. Paron. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Timothy Todd Romich. (dc) (Entered: 07/25/2002)

REPLY by Timothy S. Maneely Re: Defts are collarterally estopped form re-ltigating the existence of their policy. (sv) (Entered: 07/23/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Jacquline P. Lewis. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION by Daniel Revesil. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Kimberly Degroat. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION Filed By Zachariah E. Dicson. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Kenneth Fabbrini. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Lillian Paz. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Michael R. Napolijr. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Raul Sanchez. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Clinton Burns. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Jennifer Muniz. (dc) (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS ACTION filed by Edward F. Callahand, Edward Callahan, Jr. and Joseph Puleo. (dc) Modified on 07/25/2002 (Entered: 07/25/2002)

REQUEST FOR EXCLUSION FROM CLASS filed by Scott G. Eissner. (dc) (Entered: 07/29/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Nestor Garcia . (pf) (Entered: 07/30/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Kevin Allen Hildreth . (pf) (Entered: 07/30/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Gilberto Negrete . (pf) (Entered: 07/30/2002)

Memorandum to Docket Clerk: August 1, 2002. Parties Present. Status Conference held. Defts to reply to plt's reply by October 7, 2002. (sv) (Entered: 08/02/2002)

Status Conference held before Judge Colleen McMahon . (sv)

REQUEST FOR EXCLUSION FROM CLASS FILED BY ANDREA EVERY. (dc) (Entered: 08/06/2002)

REQUEST FOR EXCLUSION FROM CLASS by Alecia Turnbull, 221 N. Miller St., Newburgh, NY (ll) (Entered: 08/09/2002)

REQUEST FOR EXCLUSION FROM CLASS by Leslie Chambers, 213 Third St., Newburgh, NY 12550. (ll) (Entered: 08/09/2002)

REQUEST FOR EXCLUSION FROM CLASS by Betty Flores, 225 Quaker St., Wallkill, NY 12589. (ll) (Entered: 08/15/2002)

REQUEST FOR EXCLUSION FROM CLASS FROM J. OATES. (dcr) (Entered: 08/16/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff David P. LeRoy . (pf) (Entered: 08/19/2002)

REQUEST FOR EXCLUSION FROM CLASS BY GONZALO RIOS. (dcr) (Entered: 08/19/2002)

REQUEST FOR EXCLUSION FROM CLASS FILED BY TREVOR T. KULISEH. (dcr) (Entered: 08/19/2002)

REQUEST FOR EXCLUSION FROM CLASS FILED BY ALBERT BERMUDEZ. (dcr) (Entered: 08/19/2002)

AFFIDAVIT OF SERVICE of Notice of Class Action upon the members of this class as directed by the Court, by James E. Monroe, Esq. on. See document for mailing dates. (dcr) (Entered: 08/19/2002)

REQUEST FOR EXCLUSION FROM CLASS FILED BY MARIO FELIPE. (dc) (Entered: 08/21/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Edward Jazwinski . (pf) (Entered: 08/23/2002)

REQUEST FOR EXCLUSION FROM CLASS FILED BY MATHEW R. COSMAN. (dc) (Entered: 08/27/2002)

REQUEST FOR EXCLUSION FROM CLASS by Melanie D. DeVaux, 45 Birch St., Kingston, NY. (ll) (Entered: 08/29/2002)

REQUEST FOR EXCLUSION FROM CLASS by Samuel J. Sicoli, 38 Seward St., Middletown, NY. (ll) (Entered: 08/29/2002)

REQUEST FOR EXCLUSION FROM CLASS by Troy Williams, 80 First St., Newburgh, NY 12550. (ll) (Entered: 08/29/2002)

REQUEST FOR EXCLUSION FROM CLASS by Lamont Burrell, 67 Renwick, Newburgh, NY 12550. (ll) (Entered: 08/29/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Christina A. Loucks . (pf) (Entered: 09/03/2002)

REQUEST FOR EXCLUSION FROM CLASS by Jorge Albert Ahumada. (dc) (Entered: 09/05/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Pablo Moza . (pf) (Entered: 09/11/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Sean M. Mesler . (sv) (Entered: 09/13/2002)

REQUEST FOR EXCLUSION FROM CLASS filed by Frederick J. Langford. (dc) (Entered: 09/13/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Duane E. Johnson . (sv) (Entered: 09/17/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Crescenzo Schettini . (sv) (Entered: 09/18/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Brian O'Rourke . (sv) (Entered: 09/20/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Jason Bailey Colegrove . (sv) (Entered: 09/20/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Brian McCormick . (sv) (Entered: 09/20/2002)

REQUEST TO PARTICIPATE of plaintiff Efrain Santana. (pf) (Entered: 09/26/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Michael Acevedo . (pf) (Entered: 09/26/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Oscar Gonzalez . (pf) (Entered: 09/26/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff James A. Hill . (sv) (Entered: 10/02/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Donald Eason . (sv) (Entered: 10/03/2002)

MEMORANDUM OF LAW by The City of Newburgh, William Bloom in opposition to Plaintiff's motion for summary judgment. (ll) (Entered: 10/07/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff James G. Eckert . (sv) (Entered: 10/09/2002)

REQUEST FOR EXCLUSION FROM CLASS FILED BY ASA GAVIN. (dc) (Entered: 10/10/2002)

REQUEST FOR EXCLUSION FROM CLASS FILED BY JOSEPH SANTISE, JR. (dc) (Entered: 10/10/2002)

DECLARATION of Edith Arnetta Frazier by Timothy S. Maneely, Nestor Garcia, Kevin Allen Hildreth, Gilberto Negrete, David P. LeRoy, Edward Jazwinski, Christina A. Loucks, Pablo Moza, Sean M. Mesler, Duane E. Johnson, Crescenzo Schettini, Brian O'Rourke, Jason Bailey Colegrove, Brian McCormick, Oscar Gonzalez, Michael Acevedo, Efrain Santana, James A. Hill, Donald Eason, James G. Eckert Re: in support of Plaintiff's class action . (sv) (Entered: 10/18/2002)

Letter filed addressed to Clerk from James R, Beard, dated Oct. 12, 2002, re: to obtain all information pertaining to the disposition of this case. (ll) (Entered: 10/21/2002)

REQUEST FOR EXCLUSION FROM CLASS by plaintiff Manuel Rodriguez . (sv) (Entered: 11/01/2002)

Letter addressed to Judge Brieant from David L. Posner dated 12/31/2003 re: it is respectfully requested that the court decline to "so order" the subpoena recently presented to it by plaintiff's cousel calling for production of records from prior litigations concerning the City of Newburgh's strip search policy. Document filed by The City of Newburgh.(mov, ) (Entered: 01/06/2004)

MEMORANDUM ORDER terminating [12-1] motion pursuant to FRCP 23(a) and (b)(3), as class defined ... Plntffs' motion for summary jgmnt is denied. Dfts' motion to redefine the class period to run from 3/27/1998 to 8/24/2000 is granted. So ordered: ( signed by Judge Colleen McMahon ); Copies faxed by Chambers. (pf) (Entered: 04/10/2003)

Memo-Endorsement on letter addressed to Judge McMahon from David L. Posner, dated May 20, 2003. Re: pre-trial conference. ENDORSED: I have no noom at present on may trial calendar. So Ordered. ( signed by Judge Colleen McMahon ); clk/m/cpys. (sv) (Entered: 05/29/2003)