Case Details

CourtSouthern District of New York
Docket number1:09-cv-03162
Date case filed2009-04-01
Date case closed2016-03-09
Date of latest filing
Assigned toJudge Andrew L. Carter, Jr
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Sean Thomas
Party type: Plaintiff
Attorney name: David A. Zelman
Attorney Contact:
Law Office of David A. Zelman
612 Eastern Parkway
Brooklyn, NY 11225
718-604-3072
Fax: 718-604-3074
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ryan Heath Asher
Attorney Contact:
Asher & Associates
111 John Street, Ste. 1200
New York, NY 10038
(212) 227-5000
Fax: 212 227 7117
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
New York City Law Department
100 Church Street Room 6-188
New York, NY 10007
(212)-788-0467
Fax: (212)-788-9776
Email: [email protected]


Attorney name: Vicki Becker Zgodny
Attorney Contact:
New York City Law Department
100 Church Street
New York, NY 10007
(212)-788-8084
Fax: (212)-788-9776
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: New York City Police Officers Jane Doe #'s 1-8
Party type: Defendant
TERMINATED: 09/24/2009
Party: New York City Police Officers John Doe #'s 1-8
Party type: Defendant
TERMINATED: 09/24/2009
Party: Sergeant Stephen Kelly
Party type: Defendant
Shield #2057
TERMINATED: 03/09/2016
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
NYC Law Department
100 Church Street Rm. 3-187
New York, NY 10007
(212)-788-0303
Fax: (212)-788-0367
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Brian Shea
Party type: Defendant
Shield #13360
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Michael Moreno
Party type: Defendant
Shield #5339
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Lennox Corlette
Party type: Defendant
Shield #2845
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Oscar Perez
Party type: Defendant
Shield #7650
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Michael McAullife
Party type: Defendant
Shield #1676
TERMINATED: 03/09/2016
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Thomas Dekoker
Party type: Defendant
Shield #15364
TERMINATED: 03/09/2016
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officers John/Jane Doe
Party type: Defendant
TERMINATED: 02/24/2015
Party: Police Officer Angela Polancobrito
Party type: Defendant
shield # 4956
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Sergeant Sasha Rosen
Party type: Defendant
shield #5061
TERMINATED: 02/24/2015
Attorney name: Raju Sundaran
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Brian Jeremy Farrar
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Vicki Becker Zgodny
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officers John/Jane Doe
Party type: Defendant
TERMINATED: 02/24/2015

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-04-01 ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by (Part I)Judge Robert W. Sweet on 4/01/09) (ama) (tp). (Entered: 04/03/2009)
22009-04-01 COMPLAINT against The City of New York, New York City Police Officers Jane Doe #'s 1-8, New York City Police Officers John Doe #'s 1-8. Document filed by Sean Thomas.(ama) (Entered: 04/03/2009)
32009-04-07 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/8/2009 at 11:45 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/7/09) (mme) (Entered: 04/07/2009)
42009-04-17 NOTICE OF APPEARANCE by Raju Sundaran on behalf of The City of New York (Sundaran, Raju) (Entered: 04/17/2009)
52009-04-20 AFFIDAVIT OF SERVICE. The City of New York served on 4/1/2009, answer due 4/21/2009. Service was accepted by Dmitry Aronov, clerk. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/20/2009)
62009-04-20 ENDORSED LETTER addressed to Judge Colleen McMahon from Raju Sundaran dated 4/17/2009 re: request a 60 day extension of the City's time to answer or otherwise respond to plaintiff's complaint.... ENDORSEMENT: Extension granted contingent on obtaining the consent to open file this week.. (Signed by Judge Colleen McMahon on 4/20/2009) (mde) (Entered: 04/22/2009)
72009-05-08 CALENDAR NOTICE: Please take notice that the above captioned matter has been re-scheduled for: Rule (16) conference before the Honorable Colleen McMahon, United States District Judge, on Friday, July 17, 2009 at 10:15 a.m. in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, New York 10007. (Signed by Judge Colleen McMahon on 5/8/2009) (jfe) (Entered: 05/08/2009)
82009-06-17 ANSWER to Complaint. Document filed by The City of New York.(Sundaran, Raju) (Entered: 06/17/2009)
92009-07-15 ENDORSED LETTER addressed to Judge Colleen McMahon from David Zelman dated 7/14/2009 re: Requesting an adjournment of initial conference scheduled for July 17. ENDORSEMENT: I will adjourn until early October but no longer 10/2/2009 at 9:45 a.m. (Signed by Judge Colleen McMahon on 7/14/2009) (jpo) (Entered: 07/15/2009)
102009-09-24 AMENDED COMPLAINT amending 2 Complaint against Stephen Kelly, Brian Shea, Michael Moreno, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, John/Jane Doe, The City of New York.Document filed by Sean Thomas. Related document: 2 Complaint filed by Sean Thomas.(mro) (ama). (Entered: 09/24/2009)
112009-09-25 AMENDED COMPLAINT amending 10 Amended Complaint, against Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, John/Jane Doe.Document filed by Sean Thomas. Related document: 10 Amended Complaint, filed by Sean Thomas.(rdz) (Additional attachment(s) added on 10/5/2009: # 1 amended complaint part 2) (ama). (Additional attachment(s) added on 10/5/2009: # 2 Amended 3rd party complaint, # 3 amended complaint .2) (ama). (Entered: 09/29/2009)
122009-10-02 CIVIL CASE MANAGEMENT PLAN: No additional parties may be joined after with leave of Court 12/1/2009. No pleading may be amended after 12/1/2009. All discovery, including expert discovery, must be completed on or before 2/12/2010. Plaintiffs deposition shall be taken first, and shall be completed by 11/13/2010. Plaintiff(s) expert report(s) by 12/4/2010; Defendant(s) expert report(s) by 1/15/2010. This case has been designated to the Hon. United States Magistrate Pitman. A joint pre-trial order in the form prescribed in Judge McMahon's individual rules shall be submitted on or before 3/19/2010. (Signed by Judge Colleen McMahon on 10/2/2009) (jfe) (Entered: 10/02/2009)
132009-11-10 AMENDED COMPLAINT amending 11 Amended Complaint,, against Angela Polancobrito, Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, John/Jane Doe.Document filed by Sean Thomas. Related document: 11 Amended Complaint,, filed by Sean Thomas.(laq) (ama). (Entered: 11/12/2009)
142009-12-30 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from David A. Zelman dated 12/28/2009 re: Requesting leave file an Amended Complaint adding Sasha Rosen as a defendant. ENDORSEMENT: Plaintiff's application to serve an amended Complaint adding Sasha Rosen as a Defendants is granted. (Signed by Magistrate Judge Henry B. Pitman on 12/30/2009) (jpo) (Entered: 12/30/2009)
152010-01-05 THIRD AMENDED COMPLAINT amending 13 Amended Complaint, against Sasha Rosen, Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, John/Jane Doe, Angela Polancobrito.Document filed by Sean Thomas. Related document: 13 Amended Complaint, filed by Sean Thomas.(tro) (Entered: 01/06/2010)
162010-01-06 ANSWER to Amended Complaint. Document filed by Angela Polancobrito, Sasha Rosen.(Sundaran, Raju) (Entered: 01/06/2010)
172010-01-13 ENDORSED LETTER addressed to Judge Colleen McMahon from Raju Sundaran dated 1/12/2010 re: ACC writes requesting an extension of defendants' time to serve expert disclosures pursuant to Your Honor's Case Management Plan dated 10/2/2009. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 1/13/2010) (tve) (Entered: 01/13/2010)
182010-01-20 ORDER that defendant's application to compel an examination of plaintiff by a vocational expert is granted. Counsel are directed to promptly confer and attempt to agree on a stipulated order setting forth the particulars of the examination. No later than 1/29/10, the parties are directed to submit either a stipulated order directing the examination and setting forth its particulars or each party's proposed order along with an explanation from each why its proposed order is more appropriate than its adversary's. (Signed by Magistrate Judge Henry B. Pitman on 1/20/10) Copies sent by chambers.(dle) (Entered: 01/20/2010)
192010-01-27 ENDORSED LETTER addressed to Judge Colleen McMahon from David A. Zelman dated 1/26/2010 re: Counsel writes to this Court pursuant to FRCP 72(A). For the reason's set for th in this letter counsel request that the Magistrate's ruling, which is attached, is contrary to law and the motion should be denied. ENDORSEMENT: The Magistrate Judge's Order is not clearly erroneous, given plaintiffs reliance in a "initial expert" to establish damages, and the Order if AFFIRMED. So Ordered. (Signed by Judge Colleen McMahon on 1/27/2010) (jfe) (Entered: 01/27/2010)
202010-02-02 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Raju Sundaran dated 1/28/10 re: Joint request for an extension of time to submit proposed orders. ENDORSEMENT: The parties' time to submit proposed orders is extended to 2/11/10. So ordered. (Signed by Magistrate Judge Henry B. Pitman on 2/11/10) (cd) (Entered: 02/03/2010)
212010-02-09 ENDORSED LETTER addressed to Judge Colleen McMahon from Raju Sundaran dated 2/8/2010 re: Counsel for Defendant request an extension of defendants' time to depose plaintiff's medical expert- Dr. Goldstein- until 2/24/2010. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 2/9/2010) (tro) (Entered: 02/09/2010)
222010-02-11 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Raju Sundaran dated 2/8/10 re: counsel for defendants write to seek the assistance of the court in issuing a so-ordered subpoena for Debbie Busgith, 1769 Eastburn Avenue, Apt. C2, Bronx, New York 10457. Ms. Busgith has failed to appear for her deposition on February 1, 2010 at 10:00 a.m. ENDORSEMENT: counsel is seeking the wrong remedy. The correct remedy is a motion to compel the witness to appear or to hold the witness in contempt. (Signed by Magistrate Judge Henry B. Pitman on 2/9/10) (pl) (Entered: 02/11/2010)
232010-02-17 ORDER. It is hereby ORDERED that: 1. Plaintiff is directed to submit to a vocational examination to be conducted by Mr. Edmond Provder. Prior to the examination, counsel for defendants is directed to provide Mr. Provder with a copy of the transcript of plaintiff's deposition along with all other discovery materials produced by plaintiff that are relevant to Mr. Provder's evaluation; Mr. Provder is directed to review these materials and to refrain from asking plaintiff for information he has already provided. The duration of the examination shall not exceed three (3) hours, and, subject to the limitations of the preceding sentence, shall include (1) the standard diagnostic vocational interview; and (2) a series of standardized tests which may include a Dynamometer Hand Test, the Purdue Pegboard Test, a Manual Dexterity Test, a Finger Dexterity Test, a Form Perception Test and a Manual Speed and Accuracy Test. Mr. Provder is not to administer any other tests without the approval of the undersigned. Plaintiff's counsel may attend, observe and take notes of the examination, but, unless Mr. Provder asks plaintiff a question the answer to which would disclose privileged information, plaintiff's counsel is not to speak to either plaintiff or Mr. Provder during the examination nor is he to interfere with or obstruct the examination in any way. (Signed by Magistrate Judge Henry B. Pitman on 2/17/10) (rjm) (Entered: 02/17/2010)
242010-03-09 ENDORSED LETTER addressed to Judge Colleen McMahon from David Zelman dated 3/8/10 re: Request to extend time to file the joint pretrial order, requests to charge, voir dire, and any trial briefs. ENDORSEMENT: But that is not my rule...However, in your case I will make a one time exception. (Signed by Judge Colleen McMahon on 3/8/10) (cd) (Entered: 03/09/2010)
252010-03-19 MOTION for Summary Judgment. Document filed by Sean Thomas.(Zelman, David) (Entered: 03/19/2010)
262010-03-19 AFFIRMATION of David A. Zelman in Support re: 25 MOTION for Summary Judgment.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Zelman, David) (Entered: 03/19/2010)
272010-03-19 RULE 56.1 STATEMENT. Document filed by Sean Thomas. (Zelman, David) (Entered: 03/19/2010)
282010-03-19 MEMORANDUM OF LAW in Support re: 25 MOTION for Summary Judgment.. Document filed by Sean Thomas. (Zelman, David) (Entered: 03/19/2010)
292010-03-19 MOTION for Partial Summary Judgment. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen.(Sundaran, Raju) (Entered: 03/19/2010)
302010-03-19 RULE 56.1 STATEMENT. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Sundaran, Raju) (Entered: 03/19/2010)
312010-03-19 DECLARATION of Raju Sundaran in Support re: 29 MOTION for Partial Summary Judgment.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Sundaran, Raju) (Entered: 03/19/2010)
322010-03-19 MEMORANDUM OF LAW in Support re: 29 MOTION for Partial Summary Judgment.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Sundaran, Raju) (Entered: 03/19/2010)
332010-03-23 AFFIRMATION of David A. Zelman in Support re: 25 MOTION for Summary Judgment.. Document filed by Sean Thomas. (Zelman, David) (Entered: 03/23/2010)
342010-03-23 AMENDED MEMORANDUM OF LAW in Support re: 25 MOTION for Summary Judgment.. Document filed by Sean Thomas. (Zelman, David) (Entered: 03/23/2010)
352010-03-24 ENDORSED LETTER addressed to Judge Colleen McMahon from David A. Zelman dated 3/23/2010 re: Plaintiff request his opposition be due 4/12 to the motion. ENDORSEMENT: I decline to strike. I see nothing wrong with the statement. So Ordered. (Signed by Judge Colleen McMahon on 3/24/2010) (jfe) Modified on 3/30/2010 (jfe). (Entered: 03/24/2010)
362010-03-24 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from David A. Zelman dated 3/23/2010 re: Counsel for Plaintiff write to the Court to request an extension of time to serve police officers who were named in the Third Amended Complaint which was filed with the Court on 9/24/2009. ENDORSEMENT: PLAINTIFF'S FAILURE TO COMPLETE SERVICE IN ACCORDANCE WITH RULE 4(M) IS CURRENTLY IN ISSUE IN THE SUMMARY JUDGMENT MOTION BEFORE JUDGE MCMAHON. ACCORDINGLY, THE APPLICATION IS DENIED WITHOUT PREJUDICE TO THE PARTIES' RIGHT TO MAKE ANY APPROPRIATE ARGUMENT BEFORE JUDGE MCMAHON. (Signed by Magistrate Judge Henry B. Pitman on 3/24/2010) (tro) (Entered: 03/25/2010)
372010-03-26 ENDORSED LETTER addressed to Judge Colleen McMahon from David A. Zelman dated 3/25/2010 re: Counsel for Plaintiff write to the Court to address two issues regarding the summary judgment motion filed by the defendants on 3/19/2010. Counsel request a one time extension of time to serve the officers not previously served in this action, namely Stephen Kelly, Brian Shea, Michael Moreno, Lennox Corlette, Oscar Perez, Michael Mcaullife and Thomas Dekoker. ENDORSEMENT: Serve them within 30 days. (Signed by Judge Colleen McMahon on 3/25/2010) (tro) (Entered: 03/26/2010)
382010-03-26 ENDORSED LETTER addressed to Judge Colleen McMahon from Raju Sundaran dated 3/25/2010 re: Counsel for Defendants request that for the reasons set forth in this letter and for the reasons set forth in defendants' motion for partial summary judgment, the Court should deny plaintiff's request for additional time to serve the seven individual defendants. ENDORSEMENT: I did not realize that Judge Pitman has denied an extension of time to serve. Yesterday's order granting 30 days to serve is RESCINDED and Plaintiff's request for leave and service of time is DENIED. (Signed by Judge Colleen McMahon on 3/26/2010) (tro) (Entered: 03/26/2010)
392010-03-29 ENDORSED LETTER addressed to Judge Colleen McMahon from David A. Zelman dated 3/29/2010 re: Counsel for Plaintiff write to the Court to request that this Court reconsider its March 26 Order denying plaintiff leave to serve seven of the nine officers sued herein. ENDORSEMENT: If you are appealing from a Magistrate Judge's Order, do it properly. Stop sending me letters. (Signed by Judge Colleen McMahon on 3/29/2010) (tro) (Entered: 03/29/2010)
402010-03-29 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - FIRST MOTION for Reconsideration of the Court's March 26 Order. Document filed by Sean Thomas.(Zelman, David) Modified on 3/30/2010 (jar). (Entered: 03/29/2010)
412010-04-01 FIRST MOTION for Reconsideration of the Court's March 26th Order. Document filed by Sean Thomas.(Zelman, David) (Entered: 04/01/2010)
422010-04-01 AFFIRMATION of David A. Zelman in Support re: 41 FIRST MOTION for Reconsideration of the Court's March 26th Order.. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/01/2010)
432010-04-02 MEMORANDUM OF LAW in Opposition re: 25 MOTION for Summary Judgment.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Sundaran, Raju) (Entered: 04/02/2010)
442010-04-02 DECLARATION of RAJU SUNDARAN in Opposition re: 25 MOTION for Summary Judgment.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Attachments: # 1 Exhibit FF, # 2 Exhibit GG, # 3 Exhibit HH, # 4 Exhibit II, # 5 Exhibit JJ, # 6 Exhibit KK)(Sundaran, Raju) (Entered: 04/02/2010)
452010-04-02 COUNTER STATEMENT TO 30 Rule 56.1 Statement. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/02/2010)
462010-04-02 COUNTER STATEMENT TO 27 Rule 56.1 Statement. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Sundaran, Raju) (Entered: 04/02/2010)
472010-04-02 AFFIRMATION of David Zelman in Opposition re: 29 MOTION for Partial Summary Judgment.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Zelman, David) (Entered: 04/02/2010)
482010-04-02 MEMORANDUM OF LAW in Opposition re: 29 MOTION for Partial Summary Judgment.. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/02/2010)
492010-04-09 MEMORANDUM OF LAW in Opposition re: 41 FIRST MOTION for Reconsideration of the Court's March 26th Order.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Sundaran, Raju) (Entered: 04/09/2010)
502010-04-09 DECLARATION of RAJU SUNDARAN in Opposition re: 41 FIRST MOTION for Reconsideration of the Court's March 26th Order.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sundaran, Raju) (Entered: 04/09/2010)
512010-04-09 FIRST MOTION Negative Inference for failure to produce discovery. Document filed by Sean Thomas.(Zelman, David) (Entered: 04/09/2010)
522010-04-09 AFFIDAVIT of David Zelman in Support re: 51 FIRST MOTION Negative Inference for failure to produce discovery.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Zelman, David) (Entered: 04/09/2010)
532010-04-09 AFFIRMATION of David Zelman in Support re: 25 MOTION for Summary Judgment.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit)(Zelman, David) (Entered: 04/09/2010)
542010-04-09 REPLY MEMORANDUM OF LAW in Support re: 25 MOTION for Summary Judgment.. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/09/2010)
552010-04-09 REPLY MEMORANDUM OF LAW in Support re: 29 MOTION for Partial Summary Judgment.. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, The City of New York, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker, Angela Polancobrito, Sasha Rosen. (Sundaran, Raju) (Entered: 04/09/2010)
562010-04-13 ENDORSED LETTER: addressed to Judge Colleen McMahon from David A. Zelman dated 4/7/2010. re: Enclosed please find Plaintiffs Motion for an Order pursuant to Local Rule 6.3 reconsidering this Court's March 26th Order rescinding a prior Order which granted plaintiff 30 days to serve seven of the nine officers sued herein and in the alternative, pursuant to FRCP 72(a), reversing the March 24th Order of the magistrate judge denying plaintiff leave to serve seven of the nine officers sued herein without prejudice. ENDORSEMENT: I want a response within 7 days. So Ordered. (Signed by Judge Colleen McMahon on 4/12/2010) (js) (Entered: 04/13/2010)
572010-04-13 ENDORSED LETTER: addressed to Judge Colleen McMahon from David A. Zelman dated 4/9/2010. re: Enclosed Please find Plaintiff's motion for negative inference at the time of trial, including notice of motion, affirmation in support and exhibits ENDORSEMENT: Is this a motion for discovery sanctions? If so, please file it with the Magistrate. Is this an in limine motion? If so, please withdraw it and file it with in limine motions are due. So Ordered. (Signed by Judge Colleen McMahon on 4/12/2010) (js) Modified on 4/21/2010 (js). (Entered: 04/13/2010)
582010-04-22 ORDER: Defendant is directed to produce, by April 30, 2010, the police officer CCRB and lAB records it has agreed to produce. These records are to be produced under the confidentiality order the parties have stipulated to. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 4/22/2010) Copies Mailed By Chambers.(tve) (Entered: 04/22/2010)
592010-04-22 STIPULATED AND ORDER OF CONFIDENTIALITY FOR OFFICER PERSONNEL AND DISCIPLINARY RECORDS;...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge Henry B. Pitman on 4/22/2010) (tve) (Entered: 04/22/2010)
602010-04-22 MEMORANDUM DECISION AND ORDER GRANTING THE PLAINTIFF'S MOTION FOR RECONSIDERATION AND UPON RECONSIDERATION VACATING THE COURT'S ORDERS OF MARCH 26, 2010 (DOCKET #37 AND 38); OVERRULING THE OBJECTION TO THE ORDER OF MAGISTRATE JUDGE PITMAN DATED MARCH 24, 2010 (DOCKET #36); DISMISSING THE STATE LAW CLAIMS AGAINST DEFENDANTS KELLY, SHEA, MORENO, CORLETTE, PEREZ, MCAULIFFE AND DEKOKER WITH PREJUDICE; AND DIRECTING PLAINTIFF TO SERVE THE SUMMONS AND COMPLAINT ON THOSE SEVEN UNSERVED DEFENDANTS WITHIN THIRTY DAYS OF THIS ORDER SO THE FEDERAL CLAIMS AGAINST THEM CAN BE PROSECUTED IN THIS ACTION granting 41 Motion for Reconsideration re: 37 Endorsed Letter, 38 Endorsed Letter; denying 51 Motion seeking a Negative Inference for failure to produce discovery. The motion to reconsider is granted. I admit that I did not understand why Judge Pitman issued the ruling that he did when I entered the order denying leave to serve. If I had understood the basis for his ruling I would not have vacated my prior order. I therefore grant the motion for reconsideration and vacate that order. This leaves intact my prior order (Docket #37), which granted plaintiff leave to to serve within 30 days (a period that has already expired). When I entered that order, I did not realize that signing it would resurrect claims that were already time barred. Therefore, I vacate that order as well. The City has moved for summary judgment dismissing the state law claims as against all defendants. While I am not presently considering that motion on the ground discussed in the motions papers, I grant the City's motion for summary judgment insofar as its seeks dismissal of the state law claims against the seven unserved officers- defendants Kelly, Shea, Moreno, Corlette, Perez, McAuliffe and Dekoker- on the ground that those defendants have not yet been served with process. Furthermore, I dismiss those claims with prejudice, because the statute of limitations has run. I will, therefore, allow plaintiff's counsel to serve summonses and complaints in this action, so that the federal claims against the seven officer defendants can be litigated in this action. That service will not resurrect the already-dismissed state law claims, which are time barred, but those claims are essentially duplicative of the federal claims, so there is no real prejudice to plaintiff from a decision requiring plaintiff's counsel to bear the consequences of his admitted law office failure. I will consider the motion for summary judgment dismissing those claims as barred by New York's Mental Hygiene Law in due course. There was nothing objectionable about Judge Pitman's Order (Docket #36), so the plaintiff's objection to that order is overruled. The matter is mooted by this decision in any event. Finally, it appears from the docket sheet that plaintiff has filed a motion seeking a negative inference for failure to produce discovery. (Docket #51) This motion is in the nature of an in limine motion, and has been filed prematurely. It is denied without prejudice to renewal at the appropriate time. The motions at Dockets #41 and 51 have been disposed of by this decision and order. They should be stricken from the Court's list of open motions. (Signed by Judge Colleen McMahon on 4/22/2010) (tro) Modified on 4/26/2010 (tro). (Entered: 04/23/2010)
612010-04-28 ENDORSED LETTER addressed to Judge Colleen McMahon from David A. Zelman dated 4/27/2010 re: I am the attorney for the plaintiff in the above action and I write to the Court on behalf of plaintiff to request that the April l3 service performed on the seven previously unserved officers be deemed "nunc pro tunc" service and thereby avoid the cost of re-serving these officers. Therefore, I request that your Honor adjust the Court's April 22 ruling allowing for nunc pro tunc service and thereby avoid the cost of reserving these same officers. ENDORSEMENT: If they had already been served on April 13 they are served as far as I am concerned the dismissed claims are still dismissed and that is that. (Signed by Judge Colleen McMahon on 4/28/2010) (jmi) (Entered: 04/28/2010)
622010-04-28 ENDORSED LETTER addressed to Judge Colleen McMahon from Raju Sundaran dated 4/27/2010 re: I am an Assistant Corporation Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, representing defendants in the above referenced action. I write to briefly respond to plaintiffs letter dated April 27, 2010 requesting nunc pro tunc service on the seven police officers he had previously failed to serve in a timely manner. Moreover, defendants would be prejudiced by a nunc pro tunc order because 14 days have expired since plaintiffs purported service, leaving defendants with just days to file and serve an answer, depending on the date of Your Honor's ruling on this instant application. Accordingly, plaintiff's application should be denied. ENDORSEMENT: STOP! As far as I am concerned service on April 13 is sufficient! It changes nothing in my ruling. (Signed by Judge Colleen McMahon on 4/28/2010) (jmi) (Entered: 04/28/2010)
632010-04-28 AFFIDAVIT OF SERVICE. Brian Shea served on 4/13/2010, answer due 5/4/2010. Service was accepted by Officer Galvin. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/28/2010)
642010-04-28 AFFIDAVIT OF SERVICE of Amended Complaint served on Oficer Perez on 04/13/2010. Service was accepted by Officer Galvin. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/28/2010)
652010-04-28 AFFIDAVIT OF SERVICE. Michael Moreno served on 4/13/2010, answer due 5/4/2010. Service was accepted by Officer Galvin. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/28/2010)
662010-04-28 AFFIDAVIT OF SERVICE. Michael McAullife served on 4/13/2010, answer due 5/4/2010. Service was accepted by Officer Galvin. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/28/2010)
672010-04-28 AFFIDAVIT OF SERVICE. Stephen Kelly served on 4/14/2010, answer due 5/5/2010. Document filed by Stephen Kelly. (Zelman, David) (Entered: 04/28/2010)
682010-04-28 AFFIDAVIT OF SERVICE. Thomas Dekoker served on 4/13/2010, answer due 5/4/2010. Service was accepted by Officer Galvin. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/28/2010)
692010-04-28 AFFIDAVIT OF SERVICE. Lennox Corlette served on 4/13/2010, answer due 5/4/2010. Service was accepted by Officer Galvin. Document filed by Sean Thomas. (Zelman, David) (Entered: 04/28/2010)
702010-04-29 ANSWER to Amended Complaint. Document filed by Stephen Kelly, Brian Shea, Michael Moreno, Lennox Corlette, Oscar Perez, Michael McAullife, Thomas Dekoker. Related document: 15 Amended Complaint, filed by Sean Thomas.(Sundaran, Raju) (Entered: 04/29/2010)
712010-05-04 ANSWER to Amended Complaint. Document filed by The City of New York. Related document: 15 Amended Complaint, filed by Sean Thomas.(Sundaran, Raju) (Entered: 05/04/2010)
722010-12-22 DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; AND GRANTING, IN PART, DEFENDANTS' MOTION TO DISMISS: Thomas's motion for summary judgment on his first cause of action is denied. The Court instructs the Docket Clerk to remove docket number 25 from the Court's list of pending motions. Defendants' motion for summary judgment on Thomas's first cause of action is also denied. Defendants' motion to dismiss Thomas's second, fourth, and fifth causes of action as against defendants Kelly, Shea, Moreno, Corlette, Perez, McAuliffe, and Dekoker is granted for the reasons discussed in the Court's April 22 order (Docket No. 60). Defendants' motion to dismiss Thomas's first and third causes of action as against defendants Kelly, Shea, Moreno, Corlette, Perez, McAuliffe, and Dekoker is denied. The Court instructs the Docket Clerk to remove docket number 29 from the Court's list of pending motions. Thomas has 14 days from the date of this decision to submit a revised Rule 56.1 statement of undisputed facts with evidence from the CCRE or IAB records discovered as a result of the Court's April 22 order (Docket No. 58) that supports Thomas's municipal-liability claim. If Thomas elects not to submit a revised Rule 56.1 statement or if the additional evidence proves to be insufficient, the Court will enter an order granting Defendants' motion to dismiss Thomas's sixth cause of action. (Signed by Judge Colleen McMahon on 12/22/2010) (lnl) (Entered: 12/22/2010)
732010-12-30 ENDORSED LETTER addressed to Judge Colleen McMahon from David Zelman dated 12/23/2010 re: Counsel request a short adjournment of plaintiff's time to respond to the Court's summary judgment Order which was received by ECF yesterday until 1/19/2010. ENDORSEMENT: Extension granted. So Ordered. (Signed by Judge Colleen McMahon on 12/30/2010) (jfe) (Additional attachment(s) added on 1/3/2011: # 1 letter) (mde). (Entered: 12/30/2010)
742010-12-30 ENDORSED LETTER addressed to Judge Colleen McMahon from David Zelman, Esq., dated 12/23/2010, re: Counsel for plaintiff writes to request a short adjournment of plaintiff's time to respond to the Court's summary judgment Order which was received by ECF yesterday. I request that the plaintiff be provided a two week extension of the Court's Order and that plaintiff's response would be due on January 19, 2010 instead of January 5. ENDORSEMENT: Extension granted. (Signed by Judge Colleen McMahon on 12/30/10) (lnl) (Entered: 01/03/2011)
752011-01-18 AFFIRMATION of David Zelman, Esq. in Opposition re: 29 MOTION for Partial Summary Judgment.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Zelman, David) (Entered: 01/18/2011)
762011-01-18 RULE 56.1 STATEMENT. Document filed by Sean Thomas. (Zelman, David) (Entered: 01/18/2011)
772011-01-18 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 29 MOTION for Partial Summary Judgment.. Document filed by Sean Thomas. (Zelman, David) (Entered: 01/18/2011)
782011-01-26 ENDORSED LETTER addressed to Judge Collen McMahon from David Zelman dated 1/19/2011 re: Enclosed, counsel submits a copy of Plaintiffs Supplemental Statement of Undisputed Facts Pursuant to Local Rule 56.1, Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment on Plaintiffs Claims against Defendant City of New York, and Supplemental Affirmation in Opposition to Defendant's Motion for Summary Judgment. ENDORSEMENT: The City has 21 day to respond. So Ordered. (Signed by Judge Colleen McMahon on 1/26/2011) (jfe) (Entered: 01/26/2011)
792011-02-15 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 29 MOTION for Partial Summary Judgment.. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 02/15/2011)
802011-02-15 DECLARATION of RAJU SUNDARAN in Support re: 29 MOTION for Partial Summary Judgment.. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 02/15/2011)
812011-02-15 RULE 56.1 STATEMENT. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 02/15/2011)
822011-02-15 COUNTER STATEMENT TO 76 Rule 56.1 Statement. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 02/15/2011)
832011-09-21 ORDER GRANTING THE CITY OF NEW YORK'S MOTION FOR SUMMARY JUDGMENT: The City's motion for summary judgment on Thomas's sixth cause of action is granted. Plaintiff's sixth cause of action is dismissed. The Docket Clerk is instructed to terminate the City of New York as a defendant in this action. (Signed by Judge Colleen McMahon on 9/21/2011) Copies by ECF. (mro) (Entered: 09/21/2011)
842011-10-21 AMENDED TRIAL NOTICE. Please take notice that the above captioned matter has been re-scheduled for a Final Pretrial Conference before the Honorable Colleen McMahon, United States District Judge, on Friday, June 15, 2012 at 2:00 p.m., in courtroom 14C, at the U.S. District Courthouse, 500 Pearl Street, New York, New York 10007. Trial has been scheduled for Monday, June 25, 2012 at 9:30 a.m. Parties are directed to file all trial documents required by Judge McMahon's Individual Practices. Originals must be filed in the Clerk's Office and courtesy copies are to be provided to chambers. Any scheduling difficulties must be brought to the attention of the Court in writing. (Final Pretrial Conference set for 6/15/2012 at 02:00 PM in Courtroom 14C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon., Jury Trial set for 6/25/2012 at 09:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/21/11) (rjm) (Entered: 10/21/2011)
852011-11-04 NOTICE OF APPEARANCE by Brian Jeremy Farrar on behalf of Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea (Farrar, Brian) (Entered: 11/04/2011)
862011-11-10 ENDORSED LETTER addressed to Judge Colleen McMahon from David A. Zelman, Esq. dated 11/10/2011 re: Counsel for the plaintiff requests that the Court amend the Order dated 9/21/2011 dismissing this action as against the City of New York. ENDORSEMENT: You are correct. The City ought not to have been dismissed entirely. Please send in an order reinstating the state law claims against the City. (Signed by Judge Colleen McMahon on 11/10/2011) (ft) (Entered: 11/10/2011)
872011-11-14 ORDER: Upon due consideration, it is hereby Ordered that the September 21, 2011 Order dismissing Plaintiff's sixth cause of action and directing the clerk to terminate this Action as against defendant City of New York is hereby amended as follows: Plaintiff's Monnell claims pled in plaintiff's Third Amended Complaint are hereby dismissed. However, Plaintiff's sixth cause of action is revived. Plaintiff may pursue all state law claims pled against the City of New York on the theory of Respondent Superior. (Signed by Judge Colleen McMahon on 11/14/2011) (lmb) (Entered: 11/14/2011)
882011-12-29 NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Colleen McMahon is no longer assigned to the case. (sjo) (Entered: 12/30/2011)
892012-01-17 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 1/17/2012) (cd) (Entered: 01/17/2012)
902012-01-17 STATUS REPORT ORDER: The parties are directed to electronically file a joint status report on or before April 12, 2012 informing the Court of the status of the case. (Signed by Judge Andrew L. Carter, Jr on 1/17/2012) (cd) (Entered: 01/17/2012)
912012-02-10 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran and David Zelman dated 2/10/12 re: Counsel for teh defendants proposes the following schedule: May 7, 2012-the parties are to exchange with each other all witness and exhibit lists; May 15, 2012-the Joint Pre Trial Order (JPTO) to be filed on ECF and the parties to exchange all pre-marked exhibits with each other, as well as providing a courtesy copy set of all pre-marked exhibits to the court together with a copy of the JPTO; June 4, 2012-proposed voir dire, proposed requests to charge, and proposed verdict sheets to be filed on ECF, and all motions in limine to be served on opposing party; June 11, 2012-opposition to motions in limine to be served on opposing party; and June 18, 2012-replies to motions in limine to be served on opposing party. ENDORSEMENT: So ordered. ( Pretrial Order due by 5/15/2012.) (Signed by Judge Andrew L. Carter, Jr on 2/10/2012) (mro) Modified on 2/14/2012 (mro). (Entered: 02/14/2012)
922012-04-25 NOTICE OF APPEARANCE by Ryan Heath Asher on behalf of Sean Thomas (Asher, Ryan) (Entered: 04/25/2012)
932012-05-15 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman dated 5/14/2012 re: Currently, the JPTCO is due tomorrow. The trial is scheduled for June 25. Witnesses and Exhibits were exchanged on May 7. I request one week to complete the JPTCO. I contacted Mr. Raju Sunduran today via email and phone, however, at this time, I was unable to reach him to learn whether the City defendants consent to this request. I do not believe there has been a prior request for an extension of time relating to the JPTCO. ENDORSEMENT: The request is granted. A final pre-trial conference will be held on 6/21/12 at 12:30 p.m. So Ordered. ( Final Pretrial Conference set for 6/21/2012 at 12:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 5/15/2012) (djc) (Entered: 05/15/2012)
942012-05-22 JOINT FINAL TRIAL REPORT. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York.(Sundaran, Raju) (Entered: 05/22/2012)
952012-05-23 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman dated 5/22/12 re: Counsel for the plaintiff requests an extension until 5/29/12 to submit plaintiff's pre marked exhibits to the Court. ENDORSEMENT: So ordered. (Signed by Judge Andrew L. Carter, Jr on 5/23/2012) (mro) (Entered: 05/23/2012)
962012-05-31 JOINT PRETRIAL ORDER: The undersigned attorneys affirm and declare that this Joint Pre-Trial Order is submitted in conformity with the Trial Procedures (effective April 30, 2012) of United States District Judge Andrew L. Carter, Jr. Having conferred among themselves pursuant to Rule 16, Fed. R. Civ. P., the parties adopt the following statements, directions and agreements as the Pretrial Order, jointly, except as otherwise noted: The full caption of the case is set forth herein. The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343 in that it involves a federal question, and supplemental jurisdiction under 28 U.S.C. § 1367 for plaintiffs state law tort claims. This case is to be tried to a jury. The parties estimate that the trial will require 5 to 7 days. The parties have not consented to trial of the case by a Magistrate Judge. Plaintiff claims damages for loss of liberty, physical injuries, psychological injuries, economic injuries, damage to reputation, stress and infringement of constitutional rights. The parties request that the jury's verdict must be unanimous. (Signed by Judge Andrew L. Carter, Jr on 5/31/2012) (mro) (Entered: 05/31/2012)
972012-06-01 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr from David Zelman dated 5/31/2012 re: Counsel requests the following proposed schedule should not effect either the pre-trial conference on 6/21 or the trial date of 6/25: Motions in limine, requests to charge, proposed voir dire and proposed verdict sheets due June 7. Opposition to all of the above due June 13. Replies due June 20. ENDORSEMENT: So Ordered. ( Motions due by 6/7/2012., Responses due by 6/13/2012, Replies due by 6/20/2012.) (Signed by Judge Andrew L. Carter, Jr on 6/1/2012) (jfe) (Entered: 06/01/2012)
982012-06-07 MOTION in Limine. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York.(Sundaran, Raju) (Entered: 06/07/2012)
992012-06-07 PROPOSED VOIR DIRE QUESTIONS. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York.(Sundaran, Raju) (Entered: 06/07/2012)
1002012-06-07 REQUEST TO CHARGE. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York.(Sundaran, Raju) (Entered: 06/07/2012)
1012012-06-07 PROPOSED JURY INSTRUCTIONS. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York.(Sundaran, Raju) (Entered: 06/07/2012)
1022012-06-07 MEMORANDUM OF LAW in Support re: 98 MOTION in Limine.. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 06/07/2012)
1032012-06-07 FIRST MOTION in Limine. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 06/07/2012)
1042012-06-07 FIRST MEMORANDUM OF LAW in Support re: 103 FIRST MOTION in Limine.. Document filed by Sean Thomas. (Asher, Ryan) (Entered: 06/07/2012)
1052012-06-07 DECLARATION of Ryan H. Asher in Support re: 103 FIRST MOTION in Limine.. Document filed by Sean Thomas. (Asher, Ryan) (Entered: 06/07/2012)
1062012-06-07 CERTIFICATE OF SERVICE of Notice of Motion in Limine, Memorandum of Law and Declaration in Support of Motion served on Michael A. Cardozo on June 7, 2012. Service was made by email. Document filed by Sean Thomas. (Asher, Ryan) (Entered: 06/07/2012)
1072012-06-07 PROPOSED JURY INSTRUCTIONS. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 06/07/2012)
1082012-06-07 REQUEST TO CHARGE. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 06/07/2012)
1092012-06-07 PROPOSED VOIR DIRE QUESTIONS. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 06/07/2012)
1102012-06-08 NOTICE OF APPEARANCE by Vicki Becker Zgodny on behalf of Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York (Zgodny, Vicki) (Entered: 06/08/2012)
1112012-06-13 MEMORANDUM OF LAW in Opposition re: 98 MOTION in Limine.. Document filed by Sean Thomas. (Zelman, David) (Entered: 06/13/2012)
1122012-06-13 MEMORANDUM OF LAW in Opposition re: 103 FIRST MOTION in Limine.. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 06/13/2012)
1132012-06-20 REPLY MEMORANDUM OF LAW in Support re: 103 FIRST MOTION in Limine.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit)(Zelman, David) (Entered: 06/20/2012)
1142012-06-20 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 98 MOTION in Limine.. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) Modified on 6/21/2012 (ldi). (Entered: 06/20/2012)
1152012-06-21 ORDER: I hereby authorize the following attorney(s) Vicki B. Zgodny, Raju Sundaran, Brian Farrar to bring the General Purpose Computing Device(s) ("GPCD") listed below into the Courthouse for use in a trial or proceeding in the action entitled Sean Thomas v. City, et al. No. 09cv3162 which is anticipated to begin on June 25, 2012 and conclude on July 3, 2012. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/21/2012) (ama) (Entered: 06/21/2012)
1162012-06-21 REPLY MEMORANDUM OF LAW in Support re: 98 MOTION in Limine.. Document filed by Lennox Corlette, Thomas Dekoker, Stephen Kelly, Michael McAullife, Michael Moreno, Oscar Perez, Angela Polancobrito, Sasha Rosen, Brian Shea, The City of New York. (Sundaran, Raju) (Entered: 06/21/2012)
1172012-06-27 ORDER: I hereby authorize the following attorney(s) to bring the General Purpose Computing Device(s) ("GPCD") listed below into the Courthouse for use in a trial or proceeding in the action entitled Thomas v. Kelly, No. 09-cv-3162, which is anticipated to begin on 6/26/12 and conclude on 7/6/12. Attorney: Ryan H. Asher, Device: Computer/Laptop. (Signed by Judge Andrew L. Carter, Jr on 6/27/2012) (lmb) (Entered: 06/28/2012)
1182012-06-28 ORDER: Dr. Robert D. Goldstein is permitted to retain his mobile phone when entering the courthouse in order to give witness testimony on June 28, 2012. (Signed by Judge Andrew L. Carter, Jr on 6/28/2012) (lmb) (Entered: 06/28/2012)
1192012-07-04 PROPOSED JURY INSTRUCTIONS. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 07/04/2012)
1202012-07-04 REQUEST TO CHARGE. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 07/04/2012)
1212012-07-11 JUDGMENT #12,1259 in favor of Sean Thomas against Michael McAullife, Stephen Kelly, and Thomas Dekoker in the amount of $ 625,001.00. (Signed by Judge Andrew L. Carter, Jr on 7/10/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 07/11/2012)
1222012-07-23 ENDORSED LETTER addressed to Judge Andrew L. Carter from David Zelman dated 7/13/2012 re: Plaintiff's counsel writes to notify the Court of the schedule for post trial motions at the last day of trial. ENDORSEMENT: So Ordered. (Signed by Judge Andrew L. Carter, Jr on 7/23/2012) (ago) (Entered: 07/23/2012)
1232012-08-06 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran dated 8/2/2012 re: Counsel for the defendants request a 10-page extension on their moving memorandum of law. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/6/2012) (ft) (Entered: 08/06/2012)
1242012-08-06 MOTION for Judgment as a Matter of Law., MOTION for New Trial. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 08/06/2012)
1252012-08-06 DECLARATION of RAJU SUNDARAN in Support re: 124 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K (REDACTED), # 12 Exhibit L, # 13 Exhibit M)(Sundaran, Raju) (Entered: 08/06/2012)
1262012-08-06 MEMORANDUM OF LAW in Support re: 124 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) (Entered: 08/06/2012)
1272012-08-29 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr., from David Zelman, dated 8/27/2012, re: Plaintiff seeks a short extension of time to respond to defendant's motions with corresponding extensions of defendant's time to reply. In addition, plaintiff will make every effort to limit their brief to 25 pages, in the event that is not practicable, plaintiff seeks a corresponding ten page extension of the Court's page limits for motions. ENDORSEMENT: Plaintiff's opp. due 9/11. Defense reply due 9/25. ( Responses due by 9/11/2012, Replies due by 9/25/2012.) (Signed by Judge Andrew L. Carter, Jr on 8/29/2012) (ja) (Entered: 08/29/2012)
1282012-09-11 MEMORANDUM OF LAW in Opposition re: 124 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Zelman, David) (Entered: 09/11/2012)
1292012-09-25 REPLY MEMORANDUM OF LAW in Support re: 124 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) (Entered: 09/25/2012)
1302012-09-25 DECLARATION of RAJU SUNDARAN in Support re: 124 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) (Entered: 09/25/2012)
1312012-10-23 OPINION & ORDER re: #102515 124 MOTION for Judgment as a Matter of Law. MOTION for New Trial filed by Michael McAullife, Stephen Kelly, Thomas Dekoker. For the reasons discussed above, the defendants' motion for judgment as a matter of law is denied. The defendants' motion for a new trial with respect to defendants' liability is also denied. The defendants' motion for a new trial is denied with respect to the compensatory damages on plaintiff's false arrest claim. The defendants' motion for a new trial is granted with respect to the punitive damage award unless plaintiff accepts a remittitur reducing the amount of punitive damages to $325,000. (Signed by Judge Andrew L. Carter, Jr on 10/23/2012) (lmb) Modified on 11/14/2012 (jab). (Entered: 10/23/2012)
1322012-10-25 STATUS REPORT ORDER: The parties are instructed to submit a joint status report by November 26, 2012 informing me of the status of the case. The joint status report can be sent by letter to Chambers via emaiL (Signed by Judge Andrew L. Carter, Jr on 10/25/2012) (pl) (Entered: 10/25/2012)
1332012-11-08 INTERNET CITATION NOTE: Material from decision with Internet citation re: 131 Memorandum & Opinion. (sj) (Entered: 11/14/2012)
1342012-11-15 NOTICE OF APPEAL from 121 Judgment, 131 Memorandum & Opinion,,,. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife, The City of New York. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Sundaran, Raju) (Entered: 11/15/2012)
1352012-11-20 Notice of Conference: A STATUS CONFERENCE is scheduled for November 28, 2012 at 3:00 p.m. Counsel is directed to appear for the conference in person and report to the Courtroom upon arrival to the Courthouse. ( Status Conference set for 11/28/2012 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 11/20/2012) (pl) (Entered: 11/20/2012)
1362012-11-23 MOTION to Set Aside Verdict., MOTION to Set Aside Judgment., MOTION for New Trial. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife, The City of New York.(Sundaran, Raju) (Entered: 11/23/2012)
1372012-11-23 MEMORANDUM OF LAW in Support re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife, The City of New York. (Sundaran, Raju) (Entered: 11/23/2012)
1382012-11-23 DECLARATION of RAJU SUNDARAN in Support re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife, The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Sundaran, Raju) (Entered: 11/23/2012)
1392012-12-03 MOTION Rule 62.1(a)(3) re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 12/03/2012)
1402012-12-03 MEMORANDUM OF LAW in Support re: 139 MOTION Rule 62.1(a)(3) re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial... Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) (Entered: 12/03/2012)
1412012-12-07 ORDER ON APPLICATION FOR ATTORNEY'S FEES: For the purposes of compliance with Fed. R. Civ. P. 54(d)(2), governing the issuance of attorney's fees after judgment, Plaintiff's letter dated November 21, 2012 stating Plaintiff's desire to proceed with a fee application, shall be deemed a timely motion for attorney's fees. The briefing schedule for the aforementioned motion, if appropriate, will be set at a later date. (Signed by Judge Andrew L. Carter, Jr. on 12/7/2012) (lmb) (Entered: 12/07/2012)
1422012-12-13 NOTICE OF COURT CONFERENCE: that, A TELEPHONE STATUS CONFERENCE is scheduled for December 17, 2012 at 11:00 a.m. Plaintiff's counsel is directed to initiate this call and conference in the Court at (212) 805-0280 after all relevant participants are on the line. ( Telephone Conference set for 12/17/2012 at 11:00 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 12/13/2012) (pl) (Entered: 12/13/2012)
1432012-12-20 Notice of Conference: A Status Conference is scheduled for December 27, 2012 at 11:00 a.m. ( Status Conference set for 12/27/2012 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 12/18/2012) (ja) (Entered: 12/20/2012)
1442013-01-07 POST TRIAL MEMORANDUM. Document filed by Sean Thomas. (Attachments: # 1 Exhibit Marrow Trial Testimony)(Zelman, David) (Entered: 01/07/2013)
1452013-01-10 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/28/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2013. Redacted Transcript Deadline set for 2/14/2013. Release of Transcript Restriction set for 4/15/2013.(Rodriguez, Somari) (Entered: 01/10/2013)
1462013-01-10 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 01/10/2013)
1472013-01-16 ORDER: Due to a conflict on the Court's calendar, the January 22, 2013 status conference will take place at 2:00 p.m. ( Status Conference reset for 1/22/2013 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 1/16/2013) (cd) (Entered: 01/16/2013)
1482013-01-17 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/27/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/11/2013. Redacted Transcript Deadline set for 2/22/2013. Release of Transcript Restriction set for 4/22/2013.(Rodriguez, Somari) (Entered: 01/17/2013)
1492013-01-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 01/17/2013)
1502013-02-12 REPLY MEMORANDUM OF LAW in Support re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial.. Document filed by Thomas Dekoker, John/Jane Doe, John/Jane Doe, Stephen Kelly, Michael McAullife. (Weiler, Fred) (Entered: 02/12/2013)
1512013-02-12 REPLY AFFIRMATION of RAJU SUNDARAN in Support re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial.. Document filed by Thomas Dekoker, John/Jane Doe, John/Jane Doe, Stephen Kelly, Michael McAullife. (Attachments: # 1 Exhibit Exhibits J-L)(Weiler, Fred) (Entered: 02/12/2013)
1532013-03-07 ORDER: A Status Conference is scheduled for March 11, 2013 at 3:00 p.m. So Ordered (Signed by Judge Andrew L. Carter, Jr on 3/7/2013) (js) (Entered: 03/07/2013)
1542013-03-21 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/11/2013 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/15/2013. Redacted Transcript Deadline set for 4/25/2013. Release of Transcript Restriction set for 6/24/2013.(Rodriguez, Somari) (Entered: 03/21/2013)
1552013-03-21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/11/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/21/2013)
1562013-04-04 ORDER of USCA (Certified Copy) as to 134 Notice of Appeal, filed by Michael McAullife, The City of New York, Stephen Kelly, Thomas Dekoker USCA Case Number 12-4712. Appellants Kelly, McAuliffe and Dekoker have filed a motion to stay briefing pending a decision on appellants' motion for limited remand to the District Court. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 4/4/2013. Certified: 4/4/2013. (nd) (Entered: 04/04/2013)
1572013-05-21 MANDATE of USCA (Certified Copy) as to 134 Notice of Appeal, filed by Michael McAullife, The City of New York, Stephen Kelly, Thomas Dekoker USCA Case Number 12-4712. Appellants move, pursuant to Fed. R. App. P. 12.1, for remand of this case to the district court to allow that court to decide their motion filed pursuant to Fed. R. Civ. P. 60(b)(3). Because the district court has indicated that it will grant the Rule 60(b)(3) motion and order a new trial, it is hereby ORDERED that the Appellants motion is GRANTED and the case is REMANDED to the district court for consideration of that motion. It is further ORDERED that the appeal is DISMISSED without prejudice to reinstatement in the event that the district court denies the Rule60(b)(3) motion, in which case Appellants shall file, within 30 days of entry of the district courts Rule 60(b)(3) order, a motion in this Court to recall the mandate and reinstate the appeal. See United States v. Salameh, 84 F.3d 47, 50 (2d Cir. 1996) (holding that a court of appeals always has authority to restore appellate jurisdiction over a case that has been remanded to a district court through grant of a motion to recall mandate). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/21/2013. (nd) (Entered: 05/21/2013)
1582013-06-04 OPINION AND ORDER: #103320 Defendants' motion to vacate the jury verdict is GRANTED. The motion to dismiss the complaint with prejudice is denied and the motion for a new trial is granted. So Ordered (Signed by Judge Andrew L. Carter, Jr on 6/4/2013) (js) (Main Document 158 replaced on 6/5/2013) (tro). Modified on 6/5/2013 (tro). Modified on 6/27/2013 (jab). (Entered: 06/04/2013)
1592013-06-05 ORDER: A Status Conference is scheduled for June 27, 2013 at 2:00p.m. The parties should appear in person at the Thurgood Marshall United States Courthouse, 40 Foley Square,Courtroom 1306. ( Status Conference set for 6/27/2013 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 6/5/2013) (js) (Entered: 06/05/2013)
1602013-06-20 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Sean Thomas. Filing fee $ 455.00, receipt number 0208-8625419. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Zelman, David) Modified on 6/21/2013 (tp). (Entered: 06/20/2013)
1612013-06-21 CORRECTED NOTICE OF APPEAL re: 160 Notice of Interlocutory Appeal, 158 Memorandum & Opinion,. Document filed by Sean Thomas. (Zelman, David) (Entered: 06/21/2013)
1622013-06-28 ORDER: Today's scheduled status conference is adjourned without a date. So Ordered (Signed by Judge Andrew L. Carter, Jr on 6/27/2013) (js) (Entered: 06/28/2013)
1632013-10-07 Notice of Court Conference: Status Conference set for 10/23/2013 at 10:30 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 10/7/2013) (cd) (Entered: 10/07/2013)
1642013-10-22 ENDORSED LETTER: addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran dated 10/21/2013 re: Counsel writes to request an adjournment of the status conference before Your Honor on Wednesday October 23. Due to scheduling conflicts including a pending medical matter during the next two weeks, Counsel will not be available on October 23. ENDORSEMENT: The application is granted. The status conference is rescheduled for Friday, November 15, 2013 at 3:30 p.m. So Ordered., ( Status Conference set for 11/15/2013 at 03:30 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/22/2013) (js) (Entered: 10/22/2013)
1652013-10-22 MANDATE of USCA (Certified Copy) as to 160 Notice of Interlocutory Appeal, filed by Sean Thomas, 161 Corrected Notice of Appeal filed by Sean Thomas USCA Case Number 13-2430. Appellees, through counsel, move to dismiss the appeal, and Appellant, through counsel, moves for leave to file a late opposition. Upon due consideration, it is hereby ORDERED that Appellant's motion is GRANTED, and the opposition will be filed. It is further ORDERED that Appellees' motion is GRANTED, and the appeal is DISMISSED. This Court has determined that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2013. (nd) (Entered: 10/23/2013)
1662013-11-15 ENDORSED LETTER: addressed to Judge Andrew L. Carter, Jr. from David Zelman dated 11/13/2013 re: Counsel for Plaintiff writes their is a conference scheduled before Your Honor for this Friday at 3:30 p.m. Counsel requests due to religious observances that the conference be held starting at 11:00 a.m. or even noon. Monday is also currently available. ENDORSEMENT: Request granted. The status conference is adjourned to 11/19/2013 at 10:00 a.m. So Ordered., ( Status Conference set for 11/19/2013 at 10:00 AM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 11/15/2013) (js) (Entered: 11/15/2013)
1672013-12-16 ORDER: The December 17, 2013 telephone status conference is adjourned to January 22, 2014 at 10:00 a.m. (Signed by Judge Andrew L. Carter, Jr on 12/16/2013) (js) (Entered: 12/16/2013)
1682014-02-05 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Brian J. Farrar dated November 26, 2013 re: Recusal. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Farrar, Brian) (Entered: 02/05/2014)
1692014-02-05 SECOND LETTER addressed to Judge Andrew L. Carter, Jr. from Brian J. Farrar dated February 5, 2014 re: Recusal. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Farrar, Brian) (Entered: 02/05/2014)
1702014-03-04 NOTICE OF COURT CONFERENCE: Due to a conflict on the Court's calendar, the March 6, 2014 status conference has been adjourned to March 7, 2014 at 11:30 a.m. SO ORDERED. ( Status Conference set for 3/7/2014 at 11:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/04/2014) (ama) (Entered: 03/04/2014)
1712014-03-06 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran dated 3/04/2014 re: I write regarding the Court's rescheduling of the status conference from Thursday, March 6, 2014 at 12:30 p.m. to Friday, March 7, 2014 at 11:30 a.m. ENDORSEMENT: The Application is Granted. The Status Conference is rescheduled for March 12, 2014 at 2:30 p.m. SO ORDERED., ( Status Conference set for 3/12/2014 at 02:30 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 3/06/2014) (ama) (Entered: 03/06/2014)
1722014-07-15 ORDER: The Court hereby orders the parties to provide a joint status report on or before July 18, 2014. The report shall include counsel's trial availability dates. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/15/2014) (ama) (Entered: 07/15/2014)
1732014-07-17 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran dated 7/17/2014 re: I am one of the attorneys assigned to represent defendants Stephen Kelly, Michael McAullife, and Thomas Dekoker (collectively "defendants") in the above-referenced action. The parties request a short adjournment (or until July 25, 2014) to comply with the court's order dated July 16, 2014 requiring the parties to submit a joint status report on or before July 18, 2014, including trial availability dates. ENDORSEMENT: The request is granted. The parties shall submit a joint status report on or before July 25, 2014. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/17/2014) (ama) (Entered: 07/17/2014)
1742014-07-30 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran dated 7/25/2014 re: I represent defendants Stephen Kelly, Michael McAullife, and Thomas Dekoker (collectively "defendants") in the above-referenced action. After conferring with plaintiff's counsel David Zelman, the parties report that they are available for trial on the following dates: January 26-30, 2015; February 2-6, 2015; and March 2-6,2015. ENDORSEMENT: The Court schedules a status conference on October 3rd at 10:00 a.m. The Court will set a trial date at this conference. SO ORDERED., ( Status Conference set for 10/3/2014 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 7/30/2014) (ama) (Entered: 07/30/2014)
1762014-08-04 ORDER: The status conference scheduled for October 3, 2014 has been rescheduled to August 14, 2014 at 3:00 p.m. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/4/2014) (ajs) (Entered: 08/04/2014)
1772014-08-04 ORDER: The Court hereby directs the Clerk of Court to delete the letter submitted on July 24, 2014 (ECF No. 175) from the docket. The Court also directs the Pro Se Office to provide a copy of the letter to all attorneys of record in this action. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/04/2014) (ama) (Entered: 08/05/2014)
1782014-08-08 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman, Esq. dated 8/06/2014 re: In the event your Honor wishes to hold the conference earlier then those proposed dates, I ask permission to attend the conference via telephone. ENDORSEMENT: Plaintiff's counsel can appear by phone at the August 14th conference. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/08/2014) (ama) (Entered: 08/08/2014)
1792014-08-14 ORDER: As discussed at the August 14, 2014 status conference, trial has been scheduled to commence in this action on March 9, 2015. A final pre-trial conference will be held on March 5, 2015 at 4:00p.m. A joint final pre-trial order from the parties is due on January 26, 2015, and any motions in limine are due on February 23, 2015. SO ORDERED. ( Motions due by 2/23/2015., Pretrial Order due by 1/26/2015., Ready for Trial by 3/9/2015., Final Pretrial Conference set for 3/5/2015 at 04:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/14/2014) (ama) (Entered: 08/14/2014)
1802014-11-24 ORDER. A trial in this action is currently scheduled to begin on March 9, 2015. However, the Court is now available to conduct the trial during the weeks of January 26, 2015 through January 30, 2015 and February 2, 2015 through February 6, 2015. Accordingly, the Court directs the parties to confer and determine whether they are available to conduct the trial during either of those weeks, and to advise the Court whether they have reached an agreement to reschedule the trial on or before December 5, 2014. (Signed by Judge Andrew L. Carter, Jr on 11/24/2014) (rjm) (Entered: 11/24/2014)
1812015-01-26 ENDORSED LETTER: addressed to Judge Andrew L. Carter, Jr. from David Zelman dated 1/22/2015 re: Counsel for Plaintiff request that the Joint Pre-Trial Conference Order, which is currently due on January 26, 2015, be due on January 30, 2015. Counsel for Plaintiff has spoken to defense Counsel, who consents to this request. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 1/26/2015) (js) (Entered: 01/26/2015)
1822015-02-10 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Raju Sundaran dated 2/9/2015 re: I represent defendants Stephen Kelly, Michael McAullife, and Thomas Dekoker (collectively "defendants") in the above-referenced action and write regarding plaintiff's counsel David Zelman's letter dated February 9, 2015 seeking an adjournment of the trial date. For the reasons set forth below, defendants oppose this request. ENDORSEMENT: A telephone conference is scheduled for 2/17/2015 at 11:00 a.m. Plaintiff's counsel is directed to initiate the call and conference the Court (212) 805-0141 after all participants are on the line. So ordered. (Telephone Conference set for 2/17/2015 at 11:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/10/2015) (rjm) (Entered: 02/10/2015)
1832015-02-24 ORDER: For these reasons, the retrial ordered by this Court on June 4, 2013 will only be as to Defendants Thomas Dekoker, Michael McAuliffe and Stephen Kelly. The Clerk of the Court is respectfully directed to terminate all other defendants from this action. Furthermore, given that Plaintiff's claim of respondent superior liability against the City is premised on the underlying liability of two of those absolved defendants, Sasha Rosen and Angela Polancobrito, that claim is also dismissed. See, e.g., Norton v. Town of Brookhaven, 33 F. Supp. 3d 215,237-38 (E.D.N.Y. 2014); see also Thomas v. Kelly, 903 F. Supp. 2d 237, 244 n.l (S.D.N.Y. 2012). Finally, counsel are hereby directed to file any future letter submissions to the Court electronically. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/24/2015) (ama) (Entered: 02/24/2015)
1842015-02-25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER RESPONSE in Support of Motion addressed to Judge Andrew L. Carter, Jr. from RAJU SUNDARAN dated 2/25/2015 re: 136 MOTION to Set Aside Verdict. MOTION to Set Aside Judgment. MOTION for New Trial. . Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) Modified on 2/26/2015 (db). (Entered: 02/25/2015)
1852015-02-25 SECOND LETTER addressed to Judge Andrew L. Carter, Jr. from RAJU SUNDARAN dated 2/25/2015 Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 02/25/2015)
1862015-02-27 LETTER addressed to Judge Andrew L. Carter, Jr. from RAJU SUNDARAN dated 2/27/2015 re: Defendants' Opposition to Plaintiff's Motion in Limine. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 02/27/2015)
1872015-03-02 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman dated 2/27/2015 re: I am requesting that the pre trial conference currently scheduled for Thursday afternoon be rescheduled for March 3 at 9:30 AM. ENDORSEMENT: The final pre-trial conference is rescheduled for Tuesday, March 3 at 3:45 p.m. So ordered. (Final Pretrial Conference set for 3/3/2015 at 03:45 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/2/2015) (rjm) (Entered: 03/02/2015)
1882015-03-04 PRETRIAL MEMORANDUM. Document filed by Sean Thomas.(Zelman, David) (Entered: 03/04/2015)
1892015-03-05 PRETRIAL MEMORANDUM. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Farrar, Brian) (Entered: 03/05/2015)
1902015-03-06 ORDER. it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Sean Thomas v. Stephen Kelly, Thomas Dekoker and Michael McAulife, No. 09civ3162. The date(s) for which such authorization is provided is (are) 3/9/2015 - 3/17/2015. Attorney: Brian J. Farrar. Device(s): cell phone, and as further set forth herein. (Signed by Judge Andrew L. Carter, Jr on 3/6/2015) (rjm) Modified on 4/3/2015 (rjm). (Entered: 03/06/2015)
1912015-03-11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION . Document filed by Sean Thomas.(Asher, Ryan) Modified on 3/12/2015 (db). (Entered: 03/11/2015)
1922015-03-11 LETTER addressed to Judge Andrew L. Carter, Jr. from Brian J. Farrar dated March 11, 2015 re: Introduction of Busgith's prior testimony. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Farrar, Brian) (Entered: 03/11/2015)
1932015-03-12 LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman dated March 11, 2015 re: Witness Debbie Busgith. Document filed by Sean Thomas.(Zelman, David) (Entered: 03/12/2015)
1942015-03-17 ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Thomas v. Sgt. Stephen Kelly, et al., No. 09cv3162(ALC), on 3/17-3/20/2015: Brian Farrar - 1 cell phone. (Signed by Judge Andrew L. Carter, Jr on 3/17/2015) (tn) (Entered: 03/17/2015)
1952015-04-17 STATUS REPORT. Document filed by Sean Thomas.(Zelman, David) (Entered: 04/17/2015)
1962015-04-17 LETTER addressed to Judge Andrew L. Carter, Jr. from RAJU SUNDARAN dated 4/17/2015 re: STATUS REPORT. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 04/17/2015)
1972015-04-21 MEMO ENDORSEMENT on re: 195 STATUS REPORT. Document filed by Sean Thomas. ENDORSEMENT: Application granted. The parties should submit a Joint Status Report on or before April 30, 2015. So ordered. (Signed by Judge Andrew L. Carter, Jr on 4/21/2015) (rjm) (Entered: 04/21/2015)
1982015-04-30 STATUS REPORT. filed jointly Document filed by Sean Thomas.(Zelman, David) (Entered: 04/30/2015)
1992015-05-04 MEMO ENDORSEMENT on re: 198 STATUS REPORT filed jointly Document filed by Sean Thomas. ENDORSEMENT: Status conference set for 5/8/2015 at 11:30 a.m. So ordered. (Status Conference set for 5/8/2015 at 11:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 5/4/2015) (rjm) (Entered: 05/04/2015)
2002015-06-11 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Ryan H. Asher dated June 11, 2015 re: Enlargement of time. Document filed by Sean Thomas.(Asher, Ryan) (Entered: 06/11/2015)
2012015-06-12 MEMO ENDORSEMENT on re: 200 Letter filed by Sean Thomas. ENDORSEMENT: Application GRANTED. (Signed by Judge Andrew L. Carter, Jr on 6/12/2015) (kgo) (Entered: 06/12/2015)
2022015-06-25 FIRST MOTION for Attorney Fees . Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 06/25/2015)
2032015-06-25 MEMORANDUM OF LAW in Support re: 202 FIRST MOTION for Attorney Fees . . Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) (Entered: 06/25/2015)
2042015-06-25 DECLARATION of RAJU SUNDARAN in Support re: 202 FIRST MOTION for Attorney Fees .. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sundaran, Raju) (Entered: 06/25/2015)
2052015-06-25 MOTION for Attorney Fees and Expenses. Document filed by Sean Thomas.(Zelman, David) (Entered: 06/25/2015)
2062015-06-25 AFFIRMATION of David A. Zelman in Support re: 205 MOTION for Attorney Fees and Expenses.. Document filed by Sean Thomas. (Attachments: # 1 Affidavit Affidavit of Client, # 2 Exhibit Laffey Matrix, # 3 Exhibit Bill.Sim.Record)(Zelman, David) (Entered: 06/25/2015)
2072015-06-25 AFFIDAVIT of Ryan Asher, Esq. in Support re: 205 MOTION for Attorney Fees and Expenses.. Document filed by Sean Thomas. (Zelman, David) (Entered: 06/25/2015)
2082015-06-25 AFFIDAVIT of David A. Zelman in Support re: 205 MOTION for Attorney Fees and Expenses.. Document filed by Sean Thomas. (Zelman, David) (Entered: 06/25/2015)
2092015-07-16 MEMORANDUM OF LAW in Opposition re: 202 FIRST MOTION for Attorney Fees . . Document filed by Sean Thomas. (Zelman, David) (Entered: 07/16/2015)
2102015-07-22 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Brian J. Farrar dated July 22, 2015. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Farrar, Brian) (Entered: 07/22/2015)
2112015-07-23 ORDER granting 210 Letter Motion for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from Brian J. Farrar dated July 22, 2015. Application GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/23/2015) (kko) (Entered: 07/23/2015)
2122015-07-27 DECLARATION of RAJU SUNDARAN in Opposition re: 205 MOTION for Attorney Fees and Expenses.. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Sundaran, Raju) (Entered: 07/27/2015)
2132015-07-27 MEMORANDUM OF LAW in Opposition re: 205 MOTION for Attorney Fees and Expenses. . Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Sundaran, Raju) (Entered: 07/27/2015)
2142015-07-31 CONSENT LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from David Zelman dated July 31, 2015. Document filed by Sean Thomas.(Zelman, David) (Entered: 07/31/2015)
2152015-08-03 ORDER granting 214 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/3/2015) (kgo) (Entered: 08/03/2015)
2162015-08-04 REPLY MEMORANDUM OF LAW in Support re: 202 FIRST MOTION for Attorney Fees . . Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. (Farrar, Brian) (Entered: 08/04/2015)
2172015-08-11 LETTER MOTION for Leave to File Excess Pages addressed to Judge Andrew L. Carter, Jr. from David Zelman dated August 11, 2015. Document filed by Sean Thomas.(Zelman, David) (Entered: 08/11/2015)
2182015-08-12 REPLY AFFIRMATION of David A. Zelman in Support re: 205 MOTION for Attorney Fees and Expenses.. Document filed by Sean Thomas. (Attachments: # 1 Exhibit)(Zelman, David) (Entered: 08/12/2015)
2192015-08-13 ORDER granting 217 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/13/2015) (kgo) (Entered: 08/13/2015)
2202016-01-26 OPINION AND ORDER #106194. For the reasons described above, Defendants' Motion for Attorney's Fees is DENIED. Plaintiff's Motion for Attorneys' Fees is GRANTED IN PART and DENIED IN PART. Plaintiff is ordered to resubmit a calculation of fees and expenses in accordance with this Order. Given that Thomas's attorney fees were denied in part due to their unreasonableness or plaintiff's intentional misconduct, no fees will be awarded for the recalculation and submission. The Clerk of Court is respectfully requested to close the motions at ECF Nos. 202 and 205. re: 202 FIRST MOTION for Attorney Fees filed by Michael McAullife, Stephen Kelly, Thomas Dekoker, 205 MOTION for Attorney Fees and Expenses filed by Sean Thomas. (Signed by Judge Andrew L. Carter, Jr on 1/25/2016) (rjm) Modified on 2/16/2016 (ca). (Entered: 01/26/2016)
2212016-02-25 DECLARATION of David A. Zelman re compliance with the Court's January 26, 2016 Order. Document filed by Sean Thomas. (Zelman, David) (Entered: 02/25/2016)
2222016-02-29 MEMO ENDORSEMENT on re: 221 Declaration filed by Sean Thomas. ENDORSEMENT: Defendants response, if any, is due on or before March 3, 2016. (Signed by Judge Andrew L. Carter, Jr on 2/29/2016) (kgo) (Entered: 02/29/2016)
2232016-03-03 LETTER addressed to Judge Andrew L. Carter, Jr. from RAJU SUNDARAN dated MARCH 3, 2016 Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife.(Sundaran, Raju) (Entered: 03/03/2016)
2242016-03-04 MEMO ENDORSEMENT on re: 223 Letter filed by Michael McAullife, Stephen Kelly, Thomas Dekoker. Defendant's application DENIED. Plaintiff is ordered to submit a proposed order of final judgment. (Signed by Judge Andrew L. Carter, Jr on 3/4/2016) (cf) (Entered: 03/04/2016)
2252016-03-07 LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman, Esq. dated March 7, 2016 re: Proposed Order of Final Judgment. Document filed by Sean Thomas. (Attachments: # 1 Text of Proposed Order)(Zelman, David) (Entered: 03/07/2016)
2262016-03-09 JUDGMENT: It is ORDERED, ADJUDGED and DECREED: That Sean Thomas have judgment in the sum of $100,000.00 as against Sergeant Stephen Kelly, Michael McAullife and Thomas Dekoker, jointly and severally, and, ORDERED, ADJUDGED and DECREED that the Plaintiff have judgment as against Sergeant Stephen Kelly, Michael McAullife and Thomas Dekoker, jointly and severally, as and for his attorneys fees and expenses in the amounts of $357,561.65 payable to Law office of David Zelman and $127,866.67, payable to Ryan Asher, Esq. of Asher and Associates. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 3/8/2016) (kgo) (Entered: 03/09/2016)
2272016-04-04 NOTICE OF APPEAL from 226 Judgment,, 158 Memorandum & Opinion,. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Sundaran, Raju) (Entered: 04/04/2016)
2282016-06-16 TRANSCRIPT of Proceedings re: trial held on 3/9/2015 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/16/2016)
2292016-06-16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/9/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/16/2016)
2302016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/10/2015 before Judge Robert L. Carter. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2312016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/10/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2322016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/11/2015 before Judge Robert L. Carter. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2332016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/11/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2342016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/12/2015 before Judge Robert L. Carter. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2352016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/12/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2362016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/13/2015 before Judge Robert L. Carter. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2372016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/13/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2382016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/16/2015 before Judge Robert L. Carter. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2392016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/16/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2402016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/17/2015 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2412016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/17/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2422016-06-17 TRANSCRIPT of Proceedings re: trial held on 3/18/2015 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(Siwik, Christine) (Entered: 06/17/2016)
2432016-06-17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 3/18/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/17/2016)
2442016-06-30 TRANSCRIPT of Proceedings re: trial held on 6/25/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2452016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 6/25/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2462016-06-30 TRANSCRIPT of Proceedings re: trial held on 6/26/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2472016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 6/26/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2482016-06-30 TRANSCRIPT of Proceedings re: trial held on 6/27/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2492016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 6/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2502016-06-30 TRANSCRIPT of Proceedings re: trial held on 6/28/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2512016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 6/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2522016-06-30 TRANSCRIPT of Proceedings re: trial held on 7/2/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2532016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 7/2/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2542016-06-30 TRANSCRIPT of Proceedings re: trial held on 7/3/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2552016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 7/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2562016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 7/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2572016-06-30 TRANSCRIPT of Proceedings re: trial held on 7/9/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2582016-06-30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 7/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 06/30/2016)
2592016-06-30 TRANSCRIPT of Proceedings re: trial held on 7/5/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2016. Redacted Transcript Deadline set for 8/4/2016. Release of Transcript Restriction set for 10/3/2016.(Siwik, Christine) (Entered: 06/30/2016)
2602016-08-10 BRIEF IN OPPOSITION TO DEFENDANTS MOTION FOR A NEW TRIAL. Document filed by Sean Thomas.(Zelman, David) (Entered: 08/10/2016)
2612016-08-10 LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman, Esq. dated fEBRUARY 22, 2015 re: Motion in Limine. Document filed by Sean Thomas.(Zelman, David) (Entered: 08/10/2016)
2622016-08-10 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Sean Thomas.(Zelman, David) (Entered: 08/10/2016)
2632016-08-10 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Sean Thomas.(Zelman, David) (Entered: 08/10/2016)
2642017-06-08 LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman, Esq. dated June 8, 2017 re: Motion Schedule for Fee Application Following Appeal. Document filed by Sean Thomas.(Zelman, David) (Entered: 06/08/2017)
2652015-03-18 Jury Instructions. (tdh) (Entered: 06/20/2017)
2662015-03-18 JURY VERDICT. (tdh) (Entered: 06/20/2017)
2672015-03-18 Jury Notes. (tdh) (Entered: 06/20/2017)
2682015-03-18 SPECIAL INTERROGATORIES (tdh) (Entered: 06/20/2017)
2692017-06-21 ORDER: The Court is in receipt of Plaintiff's letter, dated June 8, 2017, requesting a briefing schedule in regards to a fee and expense application with the Court for the recent appeal. The Defendants have yet to respond to the letter. The Court hereby orders that the Defendants submit a response to the letter by June 27, 2017. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/21/2017) (anc) (Entered: 06/21/2017)
2702012-07-09 JURY VERDICT. (tdh) (Entered: 06/22/2017)
2712012-07-09 SPECIAL INTERROGATORIES. (tdh) (Entered: 06/22/2017)
2722012-07-09 Jury Notes. (tdh) (Entered: 06/22/2017)
2732017-06-22 USCA MANDATE as to 227 Notice of Appeal filed by Michael McAullife, Stephen Kelly, Thomas Dekoker,. USCA Case Number 16-1014-cv. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/22/2017. (nd) (Entered: 06/22/2017)
2742017-06-22 Costs Taxed as to 273 USCA Mandate,,, USCA Case Number 16-1014. in the amount of $242.60. on 06/22/2017 in favor of Sean Thomas, Plaintiff - Appellee, against Police Officer Michael McAullife, Shield 1676, Police Officer Thomas Dekoker, Shield 15364, Sergeant Stephen Kelly, Shield 2057, Defendants - Appellants.. (nd) (Entered: 06/22/2017)
2752017-06-27 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman, Esq. dated June 27, 2017 re: Schedule for submission of fee applications. Document filed by Sean Thomas.(Zelman, David) (Entered: 06/27/2017)
2762017-06-30 MEMO ENDORSEMENT on re: 275 Letter filed by Sean Thomas. ENDORSEMENT: PLAINTIFF'S REQUEST IS GRANTED. SO ORDERED. (Motions due by 8/25/2017. Responses due by 9/25/2017. Replies due by 10/9/2017.) (Signed by Judge Andrew L. Carter, Jr on 6/29/2017) (anc) (Entered: 06/30/2017)
2772017-08-02 LETTER addressed to Judge Andrew L. Carter, Jr. from David Zelman, Esq. dated August 2, 2017 re: Non Payment of March 9, 2016 Judgment. Document filed by Sean Thomas.(Zelman, David) (Entered: 08/02/2017)
2782017-08-02 SECOND MOTION for Attorney Fees . Document filed by Sean Thomas.(Zelman, David) (Entered: 08/02/2017)
2792017-08-02 AFFIDAVIT of David Zelman, Esq. in Support re: 278 SECOND MOTION for Attorney Fees .. Document filed by Sean Thomas. (Attachments: # 1 Exhibit)(Zelman, David) (Entered: 08/02/2017)
2802017-09-25 MEMORANDUM OF LAW in Opposition re: 278 SECOND MOTION for Attorney Fees . . Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife, The City of New York. (Sundaran, Raju) (Entered: 09/25/2017)
2812017-09-25 DECLARATION of RAJU SUNDARAN in Opposition re: 278 SECOND MOTION for Attorney Fees .. Document filed by Thomas Dekoker, Stephen Kelly, Michael McAullife, The City of New York. (Sundaran, Raju) (Entered: 09/25/2017)
2822017-09-28 REPLY AFFIRMATION of David Zelman, Esq. in Support re: 278 SECOND MOTION for Attorney Fees .. Document filed by Sean Thomas. (Zelman, David) (Entered: 09/28/2017)