Case Details

CourtSouthern District of New York
Docket number7:13-cv-04067
Date case filed2013-06-13
Date case closed
Date of latest filing2015-09-11
Assigned toJudge Cathy Seibel
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: William Barboza
Party type: Plaintiff
Attorney name: Stephen Bergstein
Attorney Contact:
Bergstein & Ullrich, LLP
15 Railroad Avenue
Chester, NY 10918
(845) 469-1277
Fax: (845) 469-5904
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Christopher T Dunn
Attorney Contact:
New York Civil Liberties Union
125 Broad Street, 17th floor
New York, NY 10004
(212) 344-3005
Fax: (212) 344-3318
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Corey Stoughton
Attorney Contact:
New York Civil Liberties Union
125 Broad Street, 17th floor
New York, NY 10004
(212)-344-3005
Fax: (212)-344-3329
Email: [email protected]
TERMINATED: 11/10/2015

Attorney name: Daniel Erik Mullkoff
Attorney Contact:
New York Civil Liberties Union
125 Broad Street, 17th floor
New York, NY 10004
(212)-607-3385
Fax: (212)-607-3318
Email: [email protected]
TERMINATED: 12/20/2013 ATTORNEY TO BE NOTICED

Attorney name: Jordan Wells
Attorney Contact:
New York Civil Liberties Union
125 Broad St. 19th Floor
New York, NY 10004
(212)-607-3314
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Mariko Hirose
Attorney Contact:
New York Civil Liberties Union
125 Broad Street, 17th floor
New York, NY 10004
(212)-607-3300
Fax: (212)-607-3318
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Detective Steven D'Agata
Party type: Cross Defendant
sued in his individual capacity
TERMINATED: 01/22/2016
Attorney name: Adam Lawrence Rodd
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Police Officer Melvin Gorr
Party type: Cross Defendant
sued in his individual capacity
TERMINATED: 01/22/2016
Attorney name: Adam Lawrence Rodd
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Village of Liberty
Party type: Cross Defendant
Attorney name: Adam Lawrence Rodd
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Robert Zangla
Party type: Defendant
sued in his individual capacity
TERMINATED: 03/09/2016
Attorney name: Samuel S. Yasgur
Attorney Contact:
Samuel S. Yasgur, Esq
P.O. Box 756
Monticello, NY 12701
(845)-866-2548
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-06-13 COMPLAINT against Steven D'Agata, Melvin Gorr. (Filing Fee $ 350.00, Receipt Number 465407006127) Document filed by William Barboza. (mml) (Entered: 06/17/2013)
22013-06-17 NOTICE OF APPEARANCE by Mariko Hirose on behalf of William Barboza. (Hirose, Mariko) (Entered: 06/17/2013)
32013-06-17 NOTICE OF APPEARANCE by Daniel Erik Mullkoff on behalf of William Barboza. (Mullkoff, Daniel) (Entered: 06/17/2013)
42013-06-17 NOTICE OF APPEARANCE by Christopher T Dunn on behalf of William Barboza. (Dunn, Christopher) (Entered: 06/17/2013)
52013-06-19 AFFIDAVIT OF SERVICE. Steven D'Agata served on 6/18/2013, answer due 7/9/2013. Service was accepted by Judy Zurawski, Village Clerk, Village of Liberty. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 06/19/2013)
62013-06-19 AFFIDAVIT OF SERVICE. Melvin Gorr served on 6/18/2013, answer due 7/9/2013. Service was accepted by Judy Zurawski, Village Clerk, Village of Liberty. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 06/19/2013)
72013-07-09 NOTICE OF APPEARANCE by Adam Lawrence Rodd on behalf of Steven D'Agata, Melvin Gorr. (Rodd, Adam) (Entered: 07/09/2013)
82013-07-09 CERTIFICATE OF SERVICE of Notice of Appearance served on Bergstein & Ullrich, LLP and New York Civil Liberties Union Foundation on 07-09-13. Service was made by Mail. Document filed by Steven D'Agata, Melvin Gorr. (Rodd, Adam) (Entered: 07/09/2013)
92013-07-11 NOTICE OF APPEARANCE by Corey Stoughton on behalf of William Barboza. (Stoughton, Corey) (Entered: 07/11/2013)
102013-07-19 ANSWER to 1 Complaint. Document filed by Steven D'Agata, Melvin Gorr.(Rodd, Adam) (Entered: 07/19/2013)
112013-07-19 CERTIFICATE OF SERVICE of Answer served on Bergstein & Ullrich, LLP and New York Civil Liberties Union Foundation on 07/19/13. Service was made by MAIL. Document filed by Steven D'Agata, Melvin Gorr. (Rodd, Adam) (Entered: 07/19/2013)
122013-07-22 NOTICE OF INITIAL COURT CONFERENCE: Counsel for all parties herein shall attend a conference for the purpose of case management and scheduling pursuant to Fed. R. Civ. P.16 on AUGUST 6, 2013 AT 10:30 A.M. in Courtroom 621, Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, New York. Initial Conference set for 8/6/2013 at 10:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (lnl) (Entered: 07/22/2013)
132013-08-01 DEMAND for Trial by Jury. Document filed by William Barboza (Attachments: # 1 Affidavit of Service)(Hirose, Mariko) (Entered: 08/01/2013)
13.1 Affidavit of Service
142013-08-07 NOTICE of Constitutional Challenge to a State Statute. Document filed by William Barboza. (Hirose, Mariko) (Entered: 08/07/2013)
152013-08-07 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any pre-motion conference in connection with a motion to amend or join additional parties must be requested by 2/6/2014. All Fact Discovery due by 2/6/2014. Depositions due by 2/6/2014. Next Case Management Conference set for 3/7/2014 at 10:30 AM before Judge Cathy Seibel. This case has been designated to the Honorable Lisa Margaret Smith, United States Magistrate Judge. SO ORDERED. (Signed by Judge Cathy Seibel on 8/6/2013) (lnl) (Entered: 08/08/2013)
162013-08-09 CERTIFICATION UNDER 28 U.S.C. § 2403(b): The Court certifies under 28 U.S.C, § 2403(b) that this case draws into question the constitutionality of a statute of New York State affecting the public interest. The case presents a challenge to the constitutionality of New York State Penal Law§ 240.30(l)(a) as applied to the plaintiff's speech and on its face insofar as it criminalizes "annoying" or "alarming" speech. The Clerk of the Court is ordered to notify the New York State Attorney General of this certification at the following address: Office of the Attorney General, Division of Appeals & Opinions, 120 Broadway, 25th Floor, New York, NY 10271-0332. The New York State Attorney General may intervene in the case within 60 days from August 9, 2013, the date of this order. So Ordered. (Signed by Judge Cathy Seibel on 8/9/2013) The Clerks Office Has Mailed Copies. (lnl) (Entered: 08/12/2013)
172013-12-20 MOTION for Daniel Mullkoff to Withdraw as Attorney. Document filed by William Barboza.(Mullkoff, Daniel) (Entered: 12/20/2013)
182013-12-20 ORDER granting 17 Motion to Withdraw as Attorney. Attorney Daniel Erik Mullkoff terminated. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 12/20/2013)
192014-02-06 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein dated February 6, 2014 re: granting plaintiff's request to file an amended complaint. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 02/06/2014)
202014-02-07 AMENDED LETTER addressed to Judge Cathy Seibel from Stephen Bergstein dated February 6, 2014 re: plaintiff's request to file an amended Complaint (containing a copy of the Proposed Amended Complaint). Document filed by William Barboza.(Bergstein, Stephen) (Entered: 02/07/2014)
212014-02-07 STIPULATION AND ORDER REGARDING FILING OF THE AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND ORDERED: Plaintiff William Barboza shall file the Amended Complaint attached herein as Exhibit A with the Court within five (5) days of the date of this Order. SO ORDERED. (Signed by Judge Cathy Seibel on 2/6/2014) (lnl) (Entered: 02/07/2014)
222014-02-07 AMENDED COMPLAINT amending 1 Complaint against Steven D'Agata, Melvin Gorr, Village of Liberty, Robert Zangla.Document filed by William Barboza. Related document: 1 Complaint filed by William Barboza.(lnl) (Entered: 02/07/2014)
232014-02-21 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein dated February 21, 2014 re: the parties jointly request that one of the attorneys be permitted to appear by phone for the pre-trial conference scheduled for March 7, 2014. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 02/21/2014)
242014-02-21 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Village of Liberty served on 2/19/2014, answer due 3/12/2014. Service was accepted by Angela Giacalone, Deputy Village Clerk/Treasurer. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 02/21/2014)
252014-02-21 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Robert Zangla served on 2/19/2014, answer due 3/12/2014. Service was accepted by Barbara Simpson, Legal Secretary, authorized to accept service. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 02/21/2014)
262014-02-21 MEMO ENDORSEMENT on re: 23 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein, dated February 21, 2014, re: the parties jointly request that one of the attorneys be permitted to appear by phone for the pre-trial conference scheduled for March 7, 2014. ENDORSEMENT: The conference will be at 9:15 am rather than 10:30, and Mr. Yasgur may appear by phone. So Ordered. (Telephone Status/Case Management Conference set for 3/7/2014 at 09:15 AM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 2/21/2014) (lnl) (Entered: 02/24/2014)
272014-02-24 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Robert Zangla served on 2/24/2014, answer due 3/17/2014. Service was made by Mail. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 02/24/2014)
282014-02-26 ENDORSED LETTER addressed to Judge Cathy Seibel from Adam L. Rodd, dated 2/26/2014, re: Counsel for the Village of Liberty, Steven D'Agata and Melvin Gorr writes this letter to set forth the basis of a proposed motion for summary judgment and/or a dismissal on their behalf. A conference is schedule in this matter on March 7, 2014. ENDORSEMENT: Plaintiff shall state his position, by letter not to exceed 3 pages, by 3/4/13. So Ordered. (Signed by Judge Cathy Seibel on 2/26/2014) (lnl) (Entered: 02/27/2014)
292014-02-27 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein and Mariko Hirose dated February 27, 2014 re: Plaintiff's response to the pre-motion letter filed by defendants. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 02/27/2014)
302014-02-28 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the parties named herein, that the time for the defendants the VILLAGE OF LIBERTY, STEVEN D'AGATA, MELVIN GORR, AND ROBERT ZANGLA to serve their Answers to the plaintiff's Amended Complaint is hereby extended pending the conference now scheduled to be conducted before the Hon. Cathy Seibel on March 7, 2014, at which time it is anticipated that all defendants will request permission from the Court to move for summary judgment and/or dismissal, with a briefing schedule to be entered at that time. In the event that it is determined, at the March 7, 2014 conference, that dispositive motion practice will not be presently entertained, the defendants' time to serve their Answers to the plaintiff's Amended Complaint shall be extended to March 14, 2014. So Ordered. (Signed by Judge Cathy Seibel on 2/27/2014) (lnl) (Entered: 02/28/2014)
312014-03-04 NOTICE OF APPEARANCE by Samuel S. Yasgur on behalf of Robert Zangla. (Yasgur, Samuel) (Entered: 03/04/2014)
322014-03-05 LETTER addressed to Judge Cathy Seibel from Mariko Hirose dated March 5, 2014 re: Plaintiff's response to the pre-motion letter filed by defendant Robert Zangla. Document filed by William Barboza.(Hirose, Mariko) (Entered: 03/05/2014)
332014-03-05 DEMAND for Trial by Jury. Document filed by William Barboza(Hirose, Mariko) (Entered: 03/05/2014)
342014-03-10 LETTER addressed to Judge Cathy Seibel from Samuel S. Yasgur, dated 3/4/2014, re: Counsel for defendant Robert Zangla writes: A conference is scheduled in this matter on Friday, March 7, 2014. Your Honor had allowed me to participate by phone due to a previously scheduled deposition. I thank the Court for the courtesy, however, the deposition has been adjourned and I will appear in person. Document filed by Robert Zangla. (lnl) (Entered: 03/11/2014)
352014-03-18 SECOND AMENDED COMPLAINT amending 1 Complaint, 22 Amended Complaint against Steven D'Agata, Melvin Gorr, Village of Liberty, Robert Zangla.Document filed by William Barboza. Related document: 1 Complaint filed by William Barboza, 22 Amended Complaint filed by William Barboza.(Bergstein, Stephen) (Entered: 03/18/2014)
362014-05-21 ANSWER to 35 Amended Complaint,., CROSSCLAIM against Melvin Gorr, Steven D'Agata, Village of Liberty. Document filed by Melvin Gorr, Steven D'Agata, Village of Liberty.(Rodd, Adam) (Entered: 05/21/2014)
372014-05-21 CERTIFICATE OF SERVICE of Answer to Second Amended Complaint served on Bergstein & Ullrich, LLP; NY Civil Liberties Union Foundation; and Sullvian County Dept of Law on 05/21/14. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Rodd, Adam) (Entered: 05/21/2014)
382014-05-29 LETTER MOTION for Extension of Time for Opportunity to Retain Expert Until After Scheduled Motions Practice addressed to Judge Cathy Seibel from Mariko Hirose dated May 29, 2014. Document filed by William Barboza.(Hirose, Mariko) (Entered: 05/29/2014)
392014-05-29 ORDER granting 38 Letter Motion for Extension of Time: Expert discovery, if desired, may take place after the motions are decided. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 05/29/2014)
402014-07-03 LETTER MOTION for Extension of Time to file Rule 56 Motions for Summary Judgment addressed to Judge Cathy Seibel from Adam L. Rodd, Esq. dated 07/03/2014. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty.(Rodd, Adam) (Entered: 07/03/2014)
412014-07-03 ORDER granting 40 Letter Motion for Extension of Time: Defendant's motion for summary judgment to be served by 8/1/14. Plaintiff's opposition and cross-motion to be served by 9/19/14. Defendants' reply on their motion and opposition to Plaintiff's cross-motion to be served by 10/17/14. Plaintiff's reply on his cross-motion to be served, and all papers to be filed, by 10/31/14. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 07/03/2014)
422014-07-16 NOTICE OF APPEARANCE by Jordan Wells on behalf of William Barboza. (Wells, Jordan) (Entered: 07/16/2014)
432014-08-21 STIPULATION: IT IS HEREBY STIPULATED THAT the defendants, VILLAGE OF LIBERTY, STEVEN D'AGATA, sued in his individual capacity, and MEL YIN GORR, sued in his individual capacity, hereby withdraw the cross-claim against the co-defendant ROBERT ZANGLA which has been interposed in the Answer to Second Amended Complaint served on behalf of these aforesaid defendants dated May 21, 2014. SO ORDERED. (Signed by Judge Cathy Seibel on 8/21/2014) (lnl) (Entered: 08/21/2014)
442014-09-10 LETTER MOTION for Leave to File Excess Pages leave to file an omnibus brief that does not exceed 50 pages addressed to Judge Cathy Seibel from Stephen Bergstein dated 09/10/2014. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 09/10/2014)
452014-09-10 MEMO ENDORSEMENT granting 44 LETTER MOTION for Leave to File Excess Pages leave to file an omnibus brief that does not exceed 50 pages addressed to Judge Cathy Seibel from Stephen Bergstein dated 09/10/2014. ENDORSEMENT: Application Granted. Plaintiff may have 50 pages for his brief but should avoid repeating arguments that may apply both in opposition to Defendants' motions and in support of his cross-motion. So Ordered. (Signed by Judge Cathy Seibel on 9/10/2014) (lnl) (Entered: 09/10/2014)
462014-10-14 ENDORSED LETTER addressed to Judge Cathy Seibel from Samuel S. Yasgur dated 10/9/2014 re: Counsel for Robert Zangla writes to requset an extension to November 28, 2014 to file Defendant Zangla's reply papers and opposition to Plaintiff's Cross-Summary Judgment motion. Counsel for Defendants request the following extensions and Plaintiff has consented to the revised schedule: 1. Village of Liberty Defendants' reply and opposition to Plaintiff's Cross-Motion to be served by November 7, 2014. 2. Plaintiff's reply to Village of Liberty Defendants' opposition to be served by November 26, 2014. 3. Defendant Zangla's reply and opposition to Plaintiff's Cross-Motion due by November 28, 2014. 4. Plaintiff's reply to Defendant Zangla's opposition to be served by December 19, 2014. 5. All documents filed on ECF by December 19, 2014. ENDORSEMENT: Application Granted. Schedule Approved. Best wishes to Mr. Yasgur for a speedy recovery. So Ordered. (Responses due by 12/19/2014. Replies due by 12/19/2014.) (Signed by Judge Cathy Seibel on 10/10/2014) (lnl) (Entered: 10/14/2014)
472014-11-05 LETTER addressed to Judge Cathy Seibel from Adam L. Rodd, Esq. dated November 5, 2014 re: Requesting a minor adjustment to the briefing schedule currently in place. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty.(Rodd, Adam) (Entered: 11/05/2014)
482014-11-06 MEMO ENDORSEMENT on 47 LETTER addressed to Judge Cathy Seibel from Adam L. Rodd, Esq. dated November 5, 2014 re: Requesting a minor adjustment to the briefing schedule currently in place. ENDORSEMENT: Application Granted. So Ordered. (Motions due by 12/19/2014. Replies due by 12/5/2014.) (Signed by Judge Cathy Seibel on 11/5/2014) (lnl) (Entered: 11/06/2014)
492014-12-16 MOTION for Summary Judgment . Document filed by Robert Zangla.(Yasgur, Samuel) (Entered: 12/16/2014)
502014-12-16 RULE 56.1 STATEMENT. Document filed by Robert Zangla. (Yasgur, Samuel) (Entered: 12/16/2014)
512014-12-16 AFFIRMATION of Samuel S. Yasgur in Support re: 49 MOTION for Summary Judgment .. Document filed by Robert Zangla. (Attachments: # 1 Exhibit A)(Yasgur, Samuel) (Entered: 12/16/2014)
522014-12-16 DECLARATION of Robert Zangla in Support re: 49 MOTION for Summary Judgment .. Document filed by Robert Zangla. (Attachments: # 1 Exhibit A)(Yasgur, Samuel) (Entered: 12/16/2014)
532014-12-16 MEMORANDUM OF LAW in Support re: 49 MOTION for Summary Judgment . . Document filed by Robert Zangla. (Yasgur, Samuel) (Entered: 12/16/2014)
542014-12-17 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. Return Date set for 12/19/2014 at 09:30 AM.(Gaba, Stephen) (Entered: 12/17/2014)
552014-12-17 DECLARATION of Adam L. Rodd, Esq. in Support re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56.. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
562014-12-17 AFFIDAVIT of Steven D'Agata in Support re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56.. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
572014-12-17 AFFIDAVIT of Melvin Gorr in Support re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56.. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
582014-12-17 AFFIDAVIT of Scott Kinne in Support re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56.. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
592014-12-17 RULE 56.1 STATEMENT. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
602014-12-17 Exhibit List . Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Attachments: # 1 Exhibit A to D, # 2 Exhibit E & F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I to R)(Gaba, Stephen) (Entered: 12/17/2014)
60.1 Exhibit A to D
60.2 Exhibit E & F
60.3 Exhibit G
60.4 Exhibit H
60.5 Exhibit I to R
612014-12-17 MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56. . Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
622014-12-17 CERTIFICATE OF SERVICE of Motion for Summary Judgment served on Bergstein & Ullrich, LLP; New York Civil Liberties Union Foundation; and Sullivan County Department of Law on 8/1/14. Service was made by E-Mail and Mail. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
632014-12-17 COUNTER STATEMENT TO 59 Rule 56.1 Statement. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
642014-12-17 REPLY AFFIDAVIT of Scott Kinne in Opposition re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56.. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
652014-12-17 MEMORANDUM OF LAW in Opposition re: 54 MOTION for Summary Judgment dismissing all claims interposed by the plaintiff pursuant to FRCP 56. . Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
662014-12-17 CERTIFICATE OF SERVICE of Response to Plaintiff's Rule 56.1 Statement; Reply Affidavit of Scott Kinne and Memorandum of Law in Reply to Plaintiff's Opposing Submissions served on Bergstein & Ullrich, LLP; New York Civil Liberties Union Foundation; and Sullivan County Department of Law on 11/11/14. Service was made by E-Mail. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
672014-12-17 CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment, Declaration, Affdiavits, Rule 56.1 Statement; Exhibit List, and Memorandum of Law; and Response to Plaintiff's Rule 56.1 Statment, Affidavit of Scott Kinne and Memorandum of Law in Opposition served on Bergstein & Ullrich, LLP; New York Civil Liberties Union Foundation; and Sullivan County Department of Law on 12/17/14. Service was made by by ECF. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Gaba, Stephen) (Entered: 12/17/2014)
682014-12-18 LETTER addressed to Judge Cathy Seibel from Samuel S. Yasgur dated 12/17/2014 re: Counsel writes: I wish to call the Court's attention to: Hein v. North Carolina, 574 U.S. ___ (Decided December 15, 2014) which holds that a mistake of law which was reasonable (that a car had to have two functioning brake lights) does not vitiate an arrest and subsequent prosecution for drugs found following the stop of the car. I respectfully submit that this eight to one decision clearly supports the position of Defendant Zangla that he is covered by qualified immunity in that under the law as it existed in 2012 it was reasonable for the District Attorney and Mr. Zangla to believe that Mr. Barboza could be charged with Aggravated Harassment, leaving it up to Mr. Barboza to assert the First Amendment as a defense and that if they made a mistake or error oflaw they cannot be charged with violating Mr. Barboza's rights. Document filed by Robert Zangla. (lnl) (Entered: 12/19/2014)
692014-12-19 CROSS MOTION for Summary Judgment . Document filed by William Barboza.(Bergstein, Stephen) (Entered: 12/19/2014)
702014-12-19 DECLARATION of Willian Barboza in Support re: 69 CROSS MOTION for Summary Judgment .. Document filed by William Barboza. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bergstein, Stephen) (Entered: 12/19/2014)
712014-12-19 RULE 56.1 STATEMENT. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 12/19/2014)
722014-12-19 AFFIRMATION of Stephen Bergstein in Support re: 69 CROSS MOTION for Summary Judgment .. Document filed by William Barboza. (Attachments: # 1 Exhibit 1, part 1 of four, # 2 Exhibit 1, part 2 of 4, # 3 Exhibit 1, part 3 of 4, # 4 Exhibit 1, part 4 of 4, # 5 Exhibit 2, part 1 of 2, # 6 Exhibit 2, part 2 of 2, # 7 Exhibit 3, part 1 of 2, # 8 Exhibit 3, part 2 of 2, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, part 1 of 2, # 13 Exhibit 7, part 2 of 2, # 14 Exhibit 8, part 1 of 4, # 15 Exhibit 8, part 2 of 4, # 16 Exhibit 8, part 3 of 4, # 17 Exhibit 8, part 4 of 4, # 18 Exhibit 9, part 1 of 9, # 19 Exhibit 9, part 2 of 9, # 20 Exhibit 9, part 3 of 9, # 21 Exhibit 9, part 4 of 9, # 22 Exhibit 9, part 5 of 9, # 23 Exhibit 9, part 6 of 9, # 24 Exhibit 9, part 7 of 9, # 25 Exhibit 9, part 8 of 9, # 26 Exhibit 9, part 9 of 9, # 27 Exhibit 10, # 28 Exhibit 11, # 29 Exhibit 12, # 30 Exhibit 13, # 31 Exhibit 14, part 1 of 2, # 32 Exhibit 14, part 2 of 2, # 33 Exhibit 15, # 34 Exhibit 16, # 35 Exhibit 17, part 1 of 2, # 36 Exhibit 17, part 2 of 2)(Bergstein, Stephen) (Entered: 12/19/2014)
72.1 Exhibit 1, part 1 of four
72.2 Exhibit 1, part 2 of 4
72.3 Exhibit 1, part 3 of 4
72.4 Exhibit 1, part 4 of 4
72.5 Exhibit 2, part 1 of 2
72.6 Exhibit 2, part 2 of 2
72.7 Exhibit 3, part 1 of 2
72.8 Exhibit 3, part 2 of 2
72.9 Exhibit 4
72.10 Exhibit 5
72.11 Exhibit 6
72.12 Exhibit 7, part 1 of 2
72.13 Exhibit 7, part 2 of 2
72.14 Exhibit 8, part 1 of 4
72.15 Exhibit 8, part 2 of 4
72.16 Exhibit 8, part 3 of 4
72.17 Exhibit 8, part 4 of 4
72.18 Exhibit 9, part 1 of 9
72.19 Exhibit 9, part 2 of 9
72.20 Exhibit 9, part 3 of 9
72.21 Exhibit 9, part 4 of 9
72.22 Exhibit 9, part 5 of 9
72.23 Exhibit 9, part 6 of 9
72.24 Exhibit 9, part 7 of 9
72.25 Exhibit 9, part 8 of 9
72.26 Exhibit 9, part 9 of 9
72.27 Exhibit 10
72.28 Exhibit 11
72.29 Exhibit 12
72.30 Exhibit 13
72.31 Exhibit 14, part 1 of 2
72.32 Exhibit 14, part 2 of 2
72.33 Exhibit 15
72.34 Exhibit 16
72.35 Exhibit 17, part 1 of 2
72.36 Exhibit 17, part 2 of 2
732014-12-19 MEMORANDUM OF LAW in Support re: 69 CROSS MOTION for Summary Judgment . . Document filed by William Barboza. (Attachments: # 1 memorandum of law part 2 of 2)(Bergstein, Stephen) (Entered: 12/19/2014)
742014-12-19 COUNTER STATEMENT TO 59 Rule 56.1 Statement. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 12/19/2014)
752014-12-19 DECLARATION of Robert Zangla in Opposition re: 69 CROSS MOTION for Summary Judgment .. Document filed by Robert Zangla. (Yasgur, Samuel) (Entered: 12/19/2014)
762014-12-19 COUNTER STATEMENT TO 50 Rule 56.1 Statement. Document filed by William Barboza. (Bergstein, Stephen) (Entered: 12/19/2014)
772014-12-19 MEMORANDUM OF LAW in Opposition re: 69 CROSS MOTION for Summary Judgment . . Document filed by Robert Zangla. (Yasgur, Samuel) (Entered: 12/19/2014)
782014-12-19 REPLY MEMORANDUM OF LAW in Support re: 69 CROSS MOTION for Summary Judgment . . Document filed by William Barboza. (Bergstein, Stephen) (Entered: 12/19/2014)
792014-12-19 REPLY MEMORANDUM OF LAW in Support re: 69 CROSS MOTION for Summary Judgment . . Document filed by William Barboza. (Bergstein, Stephen) (Entered: 12/19/2014)
802015-08-10 NOTICE OF COURT CONFERENCE: An oral bench ruling will be issued by the Hon. Cathy Seibel, U.S.D.J. on SEPTEMBER 10, 2015 AT 9:45 A.M. at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 621. (mml) (Main Document 80 replaced on 8/11/2015) (fk). (Entered: 08/11/2015)
812015-09-02 ENDORSED LETTER addressed to Judge Cathy Seibel from Samuel S. Yasgur, dated 9/1/2015, re: Counsel for Robert Zangla writes to request that Your Honor allow Mr. Adam Rodd, who will be present to represent Mr. Zangla's co-defendants, to cover your bench ruling on Thursday, September 10th. ENDORSEMENT: Of course. Best of luck with the treatment. So Ordered. (Signed by Judge Cathy Seibel on 9/2/2015) (lnl) (Entered: 09/03/2015)
822015-09-11 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Cathy Seibel on 9/10/2015) (rj) (Entered: 09/11/2015)
832015-09-16 SCHEDULING NOTICE: The matter of Barboza v. D'Agata et al., has been scheduled for an in-person settlement conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Tuesday, October 6, 2015, at 2:30 P.M. in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 9/16/2015) (mml) (Entered: 09/16/2015)
842015-09-24 LETTER MOTION for Extension of Time to stay the trial and trial dates addressed to Judge Cathy Seibel from Stephen Bergstein dated 09/15/2015. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 09/24/2015)
852015-09-25 ORDER granting 84 Letter Motion for Extension of Time: Trial and pre-trial submissions are stayed, on consent of all parties, pending the interlocutory appeal. Plaintiff should confer with the other parties on a proposed briefing schedule for Plaintiff's Rule 54 motion, and provide it to the Court by letter. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 09/25/2015)
862015-09-28 TRANSCRIPT of Proceedings re: DECISON held on 9/10/2015 before Judge Cathy Seibel. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 10/22/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/31/2015.(McGuirk, Kelly) (Entered: 09/28/2015)
872015-09-28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DECISON proceeding held on 9/10/15 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...(McGuirk, Kelly) (Entered: 09/28/2015)
882015-09-28 ENDORSED LETTER addressed to Judge Cathy Seibel from Mariko Hirose, dated 9/28/2015, re: Counsel writes jointly with the parties to request that the Court order the revisions to the transcript of the 9/10/2015 oral decision on the parties' motions and cross-motions for summary judgment; as set forth in this letter. ENDORSEMENT: The checked corrections below should be made. So Ordered. (Signed by Judge Cathy Seibel on 9/28/2015) (See ENDORSED LETTER as set forth) (lnl) (Entered: 09/29/2015)
892015-10-02 LETTER MOTION for Conference to adjourn settlement conference addressed to Magistrate Judge Lisa M. Smith from Samuel S. Yasgur dated 10/2/15. Document filed by Robert Zangla.(Yasgur, Samuel) (Entered: 10/02/2015)
902015-10-02 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Robert Zangla. Filing fee $ 505.00, receipt number 0208-11462699. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Yasgur, Samuel) Modified on 10/2/2015 (tp). (Entered: 10/02/2015)
912015-10-02 ORDER: For the reasons stated on the record on September 10, 2015, Defendants Village of Liberty, Steven D'Agata, and Melvin Gorr's motion for summary judgment, (Doc. 54), is GRANTED with respect to D'Agata and Gorr and DENIED with respect to the Village; Defendant Robert Zangla's motion for summary judgment, (Doc. 49), is DENIED; and Plaintiff's cross-motion for summary judgment, (Doc. 69), is DENIED with respect to D'Agata, Gorr, and the Village and GRANTED with respect to Zangla on the issue of liability. SO ORDERED. (Signed by Judge Cathy Seibel on 10/2/2015) (mml) (Entered: 10/05/2015)
922015-10-05 CORRECTED NOTICE OF APPEAL re: 90 Notice of Interlocutory Appeal, 91 Order,,. Document filed by Robert Zangla. (Yasgur, Samuel) (Entered: 10/05/2015)
932015-10-05 ENDORSED LETTER addressed to Judge Cathy Seibel from Mariko Hirose dated 10/1/2015 re: Counsel provides a proposed briefing schedule for Rule 54(b) motion practice. ENDORSEMENT: Schedule approved. The Court sends its best to Mr. Yasgur for a speedy recovery. The Court did not regard the summary judgment decision as particularly ground-breaking, despite the publicity that was generated as a result, and does not have the luxury of preparing published opinions for all cases. Should my caseload permit, I will consider publication, but make no commitments. (Motions due by 10/16/2015. Responses due by 11/6/2015. Replies due by 11/13/2015.) (Signed by Judge Cathy Seibel on 10/1/2015) (mml) (Entered: 10/06/2015)
942015-10-07 RE-SCHEDULING NOTICE: The matter of Barboza v. D'Agata et al, has been re-scheduled from an in-person settlement conference on October 6, 2015, before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Monday, November 2, 2015, at 2:15 P.M. in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 10/7/2015) (mml) (Entered: 10/07/2015)
952015-10-08 ENDORSED LETTER addressed to Judge Cathy Seibel from Adam L. Rodd, dated 10/7/2015, re: Counsel writes: The office represents the Village of Liberty, Detective D'Agata and Officer Gorr in this action. By Memo Endorsement filed on October 5, 2015, the Court "so ordered" the plaintiff's requested briefing schedule for his proposed Rule 54(b) motion. On behalf of the Village of Liberty, we request that the same briefing schedule be approved for its proposed motion, made pursuant to 28 U.S.C. § 1292, seeking certification of this Court's September 10, 2015 Bench Decision, to allow for a request to appeal the denial of its motion for summary judgment. Identical to the plaintiff's motion, the Village proposes that its § 1292 motion be filed by October 16, 2015; opposition papers be filed by November 6, 2015; and reply papers be filed by November 13, 2015. ENDORSEMENT: Application Granted. So Ordered. (Motions due by 10/16/2015. Responses due by 11/6/2015. Replies due by 11/13/2015.) (Signed by Judge Cathy Seibel on 10/7/2015) (lnl) (Entered: 10/09/2015)
962015-10-16 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE documents [100-102] - MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr. Document filed by William Barboza. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Declaration of Jordan Wells in Support of Motion, # 3 Exhibit A to Declaration of Jordan Wells, # 4 Exhibit B to Declaration of Jordan Wells)(Wells, Jordan) Modified on 10/19/2015 (db). (Entered: 10/16/2015)
972015-10-16 MOTION for Leave to Appeal Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. Return Date set for 11/13/2015 at 09:00 AM.(Rodd, Adam) (Entered: 10/16/2015)
982015-10-16 AFFIRMATION of Adam L. Rodd, Esq. in Support re: 97 MOTION for Leave to Appeal . Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rodd, Adam) (Entered: 10/16/2015)
992015-10-16 CERTIFICATE OF SERVICE of Motion for Leave to Appeal served on Bergstein & Ullrich, LLP; New York Civil Liberties Union Foundation; and Sullivan County Department of Law on 10/16/2015. Service was made by ECF. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Rodd, Adam) (Entered: 10/16/2015)
1002015-10-16 MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr. Document filed by William Barboza.(Wells, Jordan) (Entered: 10/16/2015)
1012015-10-16 MEMORANDUM OF LAW in Support re: 100 MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr. . Document filed by William Barboza. (Wells, Jordan) (Entered: 10/16/2015)
1022015-10-16 DECLARATION of Jordan Wells in Support re: 100 MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr.. Document filed by William Barboza. (Attachments: # 1 Exhibit A to Declaration of Jordan Wells, # 2 Exhibit B to Declaration of Jordan Wells)(Wells, Jordan) (Entered: 10/16/2015)
102.1 Exhibit A to Declaration of Jordan Wells
102.2 Exhibit B to Declaration of Jordan Wells
1032015-10-29 LETTER MOTION to Adjourn Conference scheduled for Monday, November 2, 2015 addressed to Magistrate Judge Lisa M. Smith from Samuel S. Yasgur dated 10/29/2015. Document filed by Robert Zangla.(Yasgur, Samuel) (Entered: 10/29/2015)
1042015-10-30 ORDER granting 103 Letter Motion to Adjourn Conference Settlement Conference set for 12/10/2015 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa) (Entered: 10/30/2015)
1052015-11-05 RESCHEDULING NOTICE: The matter of Barboza v. D'Agata et al has been re-scheduled from an in-person settlement conference on Thursday, December 10, 2015, at 2:30 P.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Monday, December 21, 2015, at 2:30 P.M. in Courtroom 520. Settlement Conference set for 12/21/2015 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 11/5/2015) (rj) (Entered: 11/05/2015)
1062015-11-06 MEMORANDUM OF LAW in Opposition re: 97 MOTION for Leave to Appeal . Document filed by William Barboza. (Wells, Jordan) (Entered: 11/06/2015)
1072015-11-06 MOTION for Corey Stoughton to Withdraw as Attorney for Plaintiff. Document filed by William Barboza.(Stoughton, Corey) (Entered: 11/06/2015)
1082015-11-06 DECLARATION of Adam L. Rodd, Esq. in Opposition re: 100 MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr.. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rodd, Adam) (Entered: 11/06/2015)
1092015-11-06 MEMORANDUM OF LAW in Opposition re: 100 MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr. . Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Rodd, Adam) (Entered: 11/06/2015)
1102015-11-06 CERTIFICATE OF SERVICE of Attorney's Declaration and Memorandum of Law in Opposition to Motion served on Bergstein & Ullrich, LLP; New York Civil Liberties Union Foundation; and Sullivan County Department of Law on 11/6/2015. Service was made by ECF. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Rodd, Adam) (Entered: 11/06/2015)
1112015-11-10 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS granting 107 Motion to Withdraw as Attorney. Attorney Corey Stoughton terminated. ENDORSEMENT: The Clerk shall terminate Doc. 107. (Signed by Judge Cathy Seibel on 11/9/2015) (rj) (Entered: 11/10/2015)
1122015-11-13 REPLY MEMORANDUM OF LAW in Support re: 100 MOTION for Entry of Judgment under Rule 54(b) on Plaintiff's claims against defendants Steven D'Agata and Melvin Gorr. . Document filed by William Barboza. (Wells, Jordan) (Entered: 11/13/2015)
1132015-11-13 REPLY MEMORANDUM OF LAW in Opposition re: 97 MOTION for Leave to Appeal . Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Rodd, Adam) (Entered: 11/13/2015)
1142015-11-13 CERTIFICATE OF SERVICE of Memorandum of Law served on Bergstein & Ullrich, LLP, New York Civil Liberties Union Foundation & Sullivan County Department of Law on 11/13/15. Document filed by Steven D'Agata, Melvin Gorr, Village of Liberty. (Rodd, Adam) (Entered: 11/13/2015)
1152015-11-25 ORDER of USCA (Certified Copy) as to 92 Corrected Notice of Appeal filed by Robert Zangla. USCA Case Number 15-3143. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/25/2015. (nd) (Entered: 11/30/2015)
1162015-12-02 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein dated December 2, 2015 re: to explain the stipulation withdrawing the appeal without prejudice in context. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 12/02/2015)
1172015-12-30 RE-SCHEDULING NOTICE: The matter of Barboza v. D'Agata et al., has been re-scheduled from an in-person settlement conference on Tuesday, January 12, 2016, at 11:00 AM before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person settlement conference on Friday, February 5, 2016, at 2:15 PM in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 12/30/2015) (mml) (Entered: 12/30/2015)
1182016-01-04 ORDER of USCA (Certified Copy) as to 92 Corrected Notice of Appeal filed by Robert Zangla. USCA Case Number 15-3143. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/04/2016. (nd) (Entered: 01/05/2016)
1192016-01-21 ORDER denying 97 Motion for Leave to Appeal; granting 100 Motion for Entry of Judgment under Rule 54(b). For the reasons set forth in this Order, Plaintiff's Motion for certification pursuant to Rule 54(b) is GRANTED, and Defendants' Motion for certification and leave to appeal pursuant to 28 U.S.C. § 1292(b) is DENIED. The Clerk of Court is respectfully directed to terminate the pending Motions, (Docs. 97, 100), and to enter final judgment on my September 10, 2015 ruling granting summary judgment to Defendants D'Agata and Gorr on grounds of qualified immunity. So Ordered. (Signed by Judge Cathy Seibel on 1/21/16) (yv) (Entered: 01/22/2016)
1202016-01-22 CLERK'S RULE 54(b)JUDGMENT: That for the reasons stated in the Court's Order January 21, 2016, Plaintiff's motion for certification pursuant to Rule 54(b) is granted; Defendants' motion for certification and leave to appeal pursuant to 28 U.S.C. § 1292(b) is denied; accordingly, there is no just reason for delay pursuant to Fed. R. Civ. 54(b), judgment is hereby entered granting summary judgment to Defendants D'Agata and Gorr on grounds of qualified immunity. (Signed by Clerk of Court Ruby Krajick on 1/22/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 01/22/2016)
1212016-01-26 NOTICE OF APPEAL from 91 Order,, 120 Clerk's Judgment,,. Document filed by William Barboza. Filing fee $ 505.00, receipt number 0208-11880391. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Bergstein, Stephen) (Entered: 01/26/2016)
1222016-02-24 NOTICE OF CHANGE OF ADDRESS by Samuel S. Yasgur on behalf of Robert Zangla. New Address: Samuel S. Yasgur, P.O. Box 756, Monticello, New York, USA 12701, 845-866-2548. (Yasgur, Samuel) (Entered: 02/24/2016)
1232016-03-07 SETTLEMENT AGREEMENT . Document filed by Robert Zangla.(Yasgur, Samuel) (Entered: 03/07/2016)
1242016-03-09 MEMO ENDORSEMENT on 123 SETTLEMENT AGREEMENT: Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff and Defendant Robert Zangla, hereinafter the "Parties" agree that this action shall be dismissed as to Defendant Zangla upon the following terms and conditions; 1. This Settlement Agreement fully and finally resolves Plaintiff's claims against Defendant Robert Zangla as alleged in the Complaint and related Court documents and proceedings. 2. Subject to the terms and conditions stated herein, the Parties consent to the dismissal, with prejudice, of Defendant Zangla from this action pursuant to Fed. R. Civ. P. 41(a)(2) and to the entry of an order to that effect. 3. The County of Sullivan agrees to pay Plaintiff $30,000.00 in damages by March 25, 2016. 4. The Parties acknowledge that, in accordance with 4 U.S.C. §1988, the Court, in its discretion, may allow Plaintiff reasonable attorney's fees as part of the costs of the litigation. The Parties have agreed that the total reasonable attorneys' fees and costs for this matter as they relate to Defendant Zangla total $45,000.00. On or before March 25, 2016, the County of Sullivan shall pay to Plaintiff's counsel, a total of $45,000.00 in legal fees and costs. 5. The Plaintiff shall execute and provide a standard-form general release as against Defendant Zangla. 6. The undersigned representatives of the Parties certify that they are fully authorized to enter into the terms and conditions of this Agreement, and to execute and legally bind such Parties to this document. So Ordered. (Signed by Judge Cathy Seibel on 3/8/16) (yv) (Entered: 03/09/2016)
1252016-04-11 MANDATE of USCA (Certified Copy) as to 92 Corrected Notice of Appeal filed by Robert Zangla. USCA Case Number 15-3143. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/11/2016. (nd) (Entered: 04/11/2016)
1262016-05-25 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein, Esq. dated May 25, 2016 re: stipulation of partial discontinuance. Document filed by William Barboza.(Bergstein, Stephen) (Entered: 05/25/2016)
1272016-05-27 MEMO ENDORSEMENT on 126 LETTER addressed to Judge Cathy Seibel from Stephen Bergstein, Esq. dated May 25, 2016 re: stipulation of partial discontinuance. ENDORSEMENT: Application granted. Mr. Bergstein will be responsible for filing the stipulation within 10 days of the satisfaction of the conditions. SO ORDERED. (Signed by Judge Cathy Seibel on 5/27/2016) (lnl) (Entered: 05/27/2016)