Connecticut District Court, Case No. 3:02-cv-01740-WIG:
Bernstein, et al v. Sherman
Judge William I. Garfinkel, presiding

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No Logo Stephen Bernstein, Plaintiff

Sean K. McElligott
Koskoff, Koskoff & Bieder, PC
Phone: +1 203 336 4421
E-Mail: smcelligott@koskoff.com

Cynthia C. Bott
Koskoff, Koskoff & Bieder, PC
Phone: +1 203 336 4421

William M. Bloss
Koskoff, Koskoff & Bieder, PC
Phone: +1 203 336 4421
Fax: +1 203 368 3244
E-Mail: bbloss@koskoff.com

Richard A. Bieder
Koskoff, Koskoff & Bieder, PC
Phone: +1 203 336 4421
Fax: +1 203 368 3244
E-Mail: rbieder@koskoff.com

v.
No Logo Town of Sherman, Defendant

Jesse J. Graham, III
Rivkin Radler, LLP
Phone: +1 516 357 3096
Fax: +1 516 357 3333
E-Mail: jesse.graham@rivkin.com

Thomas R. Gerarde
Howd & Ludorf
Phone: +1 860 249 1361
Fax: +1 860 249 7665
E-Mail: tgerarde@hl-law.com

Beatrice S. Jordan
Howd & Ludorf
Phone: +1 860 249 1361
Fax: +1 860 249 7665
E-Mail: bjordan@hl-law.com

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Office New Haven
Filed 10/1/2002
Jury Demand Both
Demand $0
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1446 Notice of Removal
Jurisdiction Diversity
Disposition Judgment - Jury Verdict
County XX US, Outside State
Terminated 9/28/2006
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
 1 Filed: 10/1/2002, Entered: 10/2/2002 Notice of Removal
NOTICE OF REMOVAL by Town of Sherman from Judicial District of Danbury FILING FEE $ 150.00 RECEIPT # H007440 (Ferguson, L.)
 2 Filed: 10/1/2002, Entered: 10/2/2002 Scheduling Order
ORDER on Pretrial Deadlines handed to counsel Discovery cutoff 4/2/03 ; Dispositive Motions due 5/2/03 Amended Pleadings due 12/1/02 Motions to Dismiss due 01/01/03 (Ferguson, L.)
 3 Filed: 10/1/2002, Entered: 10/2/2002 Jury Demand
DEMAND for jury trial by Town of Sherman (Ferguson, L.)
 4 Filed: 10/1/2002, Entered: 10/2/2002 Notice of Appearance
APPEARANCE of Attorney for Town of Sherman -- Lisa K. Titus (Ferguson, L.)
 5 Filed: 10/1/2002, Entered: 10/2/2002 Notice of Appearance
APPEARANCE of Attorney for Town of Sherman -- Thomas R. Gerarde (Ferguson, L.)
 6 Filed: 10/1/2002, Entered: 10/2/2002 Notice (Other)
NOTICE of No Pending Motions by Town of Sherman (Ferguson, L.)
 7 Filed: 10/7/2002, Entered: 10/9/2002 Motion to Stay
MOTION by Town of Sherman to Stay Case until 12/1/02 (Brief Due 10/28/02 ) (Gutierrez, Y.)
 8 Filed: 10/7/2002, Entered: 10/9/2002 Jury Demand
DEMAND for jury trial by Stephen Bernstein, Phyllis Bernstein (Gutierrez, Y.)
 9 Filed: 10/7/2002, Entered: 10/9/2002 Notice of Appearance
APPEARANCE of Attorney for Stephen Bernstein, Phyllis Bernstein -- Vincent M. Musto (Gutierrez, Y.)
 10 Filed: 10/10/2002, Entered: 10/10/2002 Memorandum in Opposition to Motion
MEMORANDUM by Stephen Bernstein, Phyllis Bernstein in opposition to [7-1] motion to Stay Case until 12/1/02 by Town of Sherman (Gutierrez, Y.)
 11 Filed: 10/15/2002, Entered: 10/16/2002 Notice of Appearance
APPEARANCE of Attorney for Town of Sherman -- David Randall DiBella (Barrille, J.)
 12 Filed: 10/16/2002, Entered: 10/17/2002 Reply to Response to Motion
REPLY by Town of Sherman to response to [7-1] motion to Stay Case until 12/1/02 by Town of Sherman (Barrille, J.)
 -- Filed: 10/28/2002, Entered: 10/30/2002 Order
ENDORSEMENT granting [7-1] motion to Stay Case until 12/1/02 Case Stayed 10/28/02 ( signed by Judge Janet C. Hall ) (Barrille, J.)
 13 Filed: 11/6/2002, Entered: 11/7/2002 Report of Rule 26(f) Planning Meeting
REPORT of Parties Planning Meeting (Barrille, J.)
 -- Filed: 11/12/2002, Entered: 11/13/2002 Order
ENDORSEMENT approving [13-1] report, reset Discovery deadline to 12/1/03 , reset Dispositive Motions due by 11/1/03 ( signed by Judge Janet C. Hall ) (Barrille, J.)
 -- Filed: 11/13/2002, Entered: 11/15/2002 Set Deadlines/Hearings
Status Conference set for 4:00 3/6/03 ( JCH) (Barrille, J.)
 14 Filed: 11/13/2002, Entered: 11/15/2002 Order Court Filing
Calendar and Order re: Status Conference set for 3/6/03 @ 4:00 PM ( signed by Judge Janet C. Hall ) (Barrille, J.)
 15 Filed: 2/18/2003, Entered: 2/20/2003 Status Report
Joint STATUS REPORT by Stephen Bernstein, Phyllis Bernstein (Barrille, J.)
 16 Filed: 2/21/2003, Entered: 2/21/2003, Terminated: 2/27/2003 Motion for Extension of Time
MOTION by Town of Sherman to Extend Time until 4/18/03 to respond to discovery (Simpson, T.)
 -- Filed: 2/27/2003, Entered: 2/27/2003 Order
ENDORSEMENT granting [16-1] motion to Extend Time until 4/18/03 to respond to discovery ( signed by Judge Janet C. Hall ) (Barrille, J.)
 18 Filed: 3/6/2003, Entered: 3/11/2003 Motion to Amend/Correct
MOTION by Stephen Bernstein, Phyllis Bernstein to Amend [1-1] removal notice by Town of Sherman (Barrille, J.)
 19 Filed: 3/6/2003, Entered: 3/11/2003 Amended Complaint
AMENDED COMPLAINT by Stephen Bernstein, Phyllis Bernstein amending [1-1] removal notice by Town of Sherman (Barrille, J.)
 17 Filed: 3/7/2003, Entered: 3/7/2003, Terminated: 4/14/2003 Motion for Leave to File
MOTION by Town of Sherman for Leave to Serve more than 30 written interrogatories (Barrille, J.)
 20 Filed: 3/12/2003, Entered: 3/12/2003, Terminated: 3/19/2003 Motion for Extension of Time
MOTION by Stephen Bernstein, Phyllis Bernstein to Extend Time for 30 days to Answer Complaint (Simpson, T.)
 -- Filed: 3/13/2003, Entered: 3/14/2003 Order
ENDORSEMENT granting [18-1] motion to Amend [1-1] removal notice by Town of Sherman ( signed by Judge Janet C. Hall ) (Barrille, J.)
 21 Filed: 3/18/2003, Entered: 3/19/2003 Status Conference
Amended Rule 16 Conference held ( JCH) (Boroskey, C.)
 -- Filed: 3/19/2003, Entered: 3/20/2003 Order
ENDORSEMENT granting [20-1] motion to Extend Time for 30 days to Answer Complaint ( signed by Judge Janet C. Hall ) (Warren, C.)
 22 Filed: 3/27/2003, Entered: 3/28/2003 Motion to Compel
MOTION by Stephen Bernstein, Phyllis Bernstein to Compel Answers to Discovery (Brief Due 4/17/03) (Corriette, M.)
 23 Filed: 3/27/2003, Entered: 3/28/2003 Affidavit
AFFIDAVIT of Vincent Musto by Stephen Bernstein, Phyllis Bernstein Re [22-1] motion to Compel Answers to Discovery by Phyllis Bernstein, Stephen Bernstein (Corriette, M.)
 24 Filed: 3/27/2003, Entered: 3/28/2003 Memorandum in Support of Motion
MEMORANDUM by Stephen Bernstein, Phyllis Bernstein in support of [22-1] motion to Compel Answers to Discovery (Corriette, M.)
 -- Filed: 4/14/2003, Entered: 4/14/2003 Order
ENDORSEMENT granting [17-1] motion for Leave to Serve more than 30 written interrogatories ( signed by Judge Janet C. Hall ) (Barrille, J.)
 -- Filed: 5/2/2003, Entered: 5/5/2003 Order
ENDORSEMENT granting [22-1] motion to Compel Answers to Discovery ( signed by Judge Janet C. Hall ) (Barrille, J.)
 25 Filed: 8/8/2003, Entered: 8/8/2003, Terminated: 9/30/2003 Motion to Stay
MOTION by Town of Sherman to Stay Case (Brief Due 8/29/03 ) (Barrille, J.)
 26 Filed: 8/27/2003, Entered: 8/27/2003 Memorandum in Opposition to Motion
MEMORANDUM by Stephen Bernstein, Phyllis Bernstein in opposition to [25-1] motion to Stay Case by Town of Sherman (Simpson, T.)
 27 Filed: 9/29/2003, Entered: 10/3/2003 Status Conference
Telephone Status Conference held ( JCH) (Boroskey, C.)
 -- Filed: 9/30/2003, Entered: 10/1/2003 Order
ENDORSEMENT granting in part [25-1] motion to Stay Case, resetting Discovery deadline to 1/28/04 ( signed by Judge Janet C. Hall ) See Endorsement For Details (Gutierrez, Y.)
PDF 28 Filed: 12/15/2003, Entered: 12/17/2003, Terminated: 12/19/2003 Motion to Withdraw as Attorney
MOTION for Lisa K. Titus to Withdraw as Attorney by Town of Sherman. (Simpson, T.)
PDF 29 Filed: 12/19/2003, Entered: 12/31/2003 Order on Motion to Withdraw as Attorney Court Filing
ORDER granting [28] Motion to Withdraw as Attorney. Attorney Lisa K. Titus terminated . Signed by Judge Janet C. Hall on 12/28/03. (Cody, C.)
PDF 30 Filed: 2/3/2004, Entered: 2/4/2004, Terminated: 2/12/2004 Motion for Conference
MOTION for Urgent Telephonic Status Conference by Phyllis Bernstein, Stephen Bernstein. (Barrille, J.)
PDF 31 Filed: 2/3/2004, Entered: 2/4/2004 Notice of Appearance
NOTICE of Appearance by Richard A. Bieder on behalf of Phyllis Bernstein, Stephen Bernstein (Barrille, J.)
PDF 32 Filed: 2/5/2004, Entered: 2/10/2004 Notice of Appearance
NOTICE of Appearance by David P. Burke on behalf of Town of Sherman (Cody, C.)
PDF 33 Filed: 2/12/2004, Entered: 2/20/2004 Order on Motion for Conference Court Filing
ENDORSEMENT ORDER granting [30] Motion for Conference . Signed by Judge Janet C. Hall on 2/12/04. (Cody, C.)
PDF 34 Filed: 2/12/2004, Entered: 3/2/2004 Status Conference
Telephone status conference held on 2/12/2004. (Court Reporter Fidanza.) (Boroskey, C.)
PDF 35 Filed: 4/30/2004, Entered: 5/3/2004 Notice of Appearance
NOTICE of Appearance by Beatrice S. Jordan on behalf of Town of Sherman (Candee, D.)
PDF 36 Filed: 4/30/2004, Entered: 5/3/2004 Answer to Amended Complaint
ANSWER and Special Defenses to Amended Complaint by Town of Sherman.(Candee, D.)
PDF 37 Filed: 4/30/2004, Entered: 5/3/2004 Jury Demand
DEMAND for Trial by Jury by Town of Sherman. (Candee, D.)
PDF 38 Filed: 5/17/2004, Entered: 5/19/2004 Motion for Summary Judgment
MOTION for Summary Judgment by Town of Sherman.Responses due by 6/7/2004 (Simpson, T.)
PDF 39 Filed: 5/17/2004, Entered: 5/19/2004 Notice (Other)
NOTICE OF MANUAL FILING by Town of Sherman re [38] MOTION for Summary Judgment (Simpson, T.)
PDF 40 Filed: 5/17/2004, Entered: 5/19/2004 Memorandum in Support of Motion
Memorandum in Support re [38] MOTION for Summary Judgment filed by Town of Sherman. (Simpson, T.)
PDF 41 Filed: 5/17/2004, Entered: 5/19/2004 Statement of Material Facts
Statement of Material Facts re [38] MOTION for Summary Judgment filed by Town of Sherman. (Simpson, T.)
PDF 42 Filed: 7/9/2004, Entered: 7/12/2004, Terminated: 7/19/2004 Motion for Extension of Time to File Response/Repl
MOTION for Extension of Time to 8/2/04 File Response/Reply as to [38] MOTION for Summary Judgment by Phyllis Bernstein, Stephen Bernstein. (Cody, C.)
 43 Filed: 7/19/2004, Entered: 7/19/2004 Order on Motion for Extension of Time to File Resp Court Filing
NOTICE OF E-FILED ORDER. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE. ORDER granting [42] Motion for Extension of Time to File Response/Reply as to [38] MOTION for Summary Judgment Responses due by 8/2/2004. The Court will grant no further extensions. Signed by Judge Janet C. Hall on 7/19/04. (Boroskey, C.) Modified on 7/19/2004 (Boroskey, C.).
PDF 44 Filed: 8/2/2004, Entered: 8/3/2004 Memorandum in Opposition to Motion
Memorandum in Opposition re [38] Defendant's MOTION for Summary Judgment, filed by Phyllis Bernstein, Stephen Bernstein. (Attachments: # (1) Notice of manual filing of list of exhibits 1-25, attached to memorandum)(D'Andrea, S.)
PDF 45 Filed: 8/2/2004, Entered: 8/3/2004 Statement of Material Facts
Local Rule 56(a)2 Statement of Material Facts re [38]Defendant's MOTION for Summary Judgment, filed by Phyllis Bernstein, Stephen Bernstein. (D'Andrea, S.)
PDF 46 Filed: 8/11/2004, Entered: 8/12/2004 Reply to Response to Motion
REPLY to Response to [38] MOTION for Summary Judgment filed by Town of Sherman. (D'Andrea, S.)
PDF 47 Filed: 8/20/2004, Entered: 8/20/2004 Notice of Appearance
NOTICE of Appearance by Cynthia C. Bott on behalf of Phyllis Bernstein, Stephen Bernstein (Baldwin, S.)
PDF 48 Filed: 8/20/2004, Entered: 8/20/2004, Terminated: 8/25/2004 Motion for Leave to File
MOTION for Leave to File Sur-Reply in Support of Plaintiffs' Opposition to Motion for Summary Judgment, by Phyllis Bernstein, Stephen Bernstein. (D'Andrea, S.)
PDF 49 Filed: 8/25/2004, Entered: 8/26/2004 Order on Motion for Leave to File Court Filing
Endorsement ORDER Granting [48] Motion for Leave to File Sur-Reply. Signed by Judge Janet C. Hall on 8/23/2004. (D'Andrea, S.)
PDF 50 Filed: 8/25/2004, Entered: 8/26/2004 Reply to Response to Motion
SUR-REPLY in Support of Opposition to [38] MOTION for Summary Judgment filed by Phyllis Bernstein, Stephen Bernstein. (Attachments: # (1) Notice of Manual Filing of Exhibits A-B-C)(D'Andrea, S.)
PDF 51 Filed: 2/7/2005, Entered: 2/8/2005 Order on Motion for Summary Judgment Court Filing
RULING Granting in Part and Denying in Part [38] Motion for Summary Judgment . Signed by Judge Janet C. Hall on 2/7/2005. (D'Andrea, S.)
PDF 52 Filed: 7/8/2005, Entered: 7/8/2005 Calendar Entry Court Filing
NOTICE TO COUNSEL RE: E-FILE CALENDAR. CALL OF CALENDAR (See Instructions Attached) set for 7/29/2005 at 9:00 AM, U.S. District Court, 915 Lafayette Blvd.,Courtroom 2, Bridgeport, CT before Judge Janet C. Hall. All persons entering the courthouse must present photo identification. (Szczygiel, G.)
 58 Filed: 7/29/2005, Entered: 8/17/2005 Docket Call Court Filing
Minute Entry for proceedings held before Judge Janet C. Hall : Calendar Call held on 7/29/2005. (Court Reporter Fidanza.) (Boroskey, C.)
 53 Filed: 8/4/2005, Entered: 8/4/2005 Calendar Entry Court Filing
NOTICE TO COUNSEL RE: E-FILE CALENDAR. PRETRIAL CONFERENCE set for 1/19/2006 at 11:30 AM, 915 Lafayette Blvd., Bridgeport, CT in Chambers Room 417 before Judge Janet C. Hall. All persons entering the courthouse must present photo identification. TRIAL COUNSEL ARE ORDERED BY THE COURT TO BE PRESENT ON THIS DATE AND TIME, AND TO BE PREPARED TO DISCUSS ALL PENDING MOTIONS. ADDITIONALLY, TRIAL COUNSEL SHALL BE PREPARED TO DISCUSS THE PARTIES JOINT TRIAL MEMORANDUM AND ANY OBJECTIONS THERETO OR CONTAINED THEREIN.(Szczygiel, G.)
PDF 54 Filed: 8/4/2005, Entered: 8/4/2005 Calendar Entry Court Filing
NOTICE TO COUNSEL RE: E-FILE CALENDAR. JURY SELECTION set for 2/1/06 at 8:30 AM. JURY TRIAL set for 2/22/2006 09:00 AM, U.S. District Court, 915 Lafayette Blvd.,Courtroom 2,Bridgeport, CT before Judge Janet C. Hall. Please refer to instructions from the Court attached to this docket entry. All persons entering the courthouse must present photo identification.(Szczygiel, G.)
PDF 55 Filed: 8/5/2005, Entered: 8/5/2005 Pretrial Order Court Filing
PRETRIAL ORDER Jury Selection set for 2/1/2006 08:30 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Jury Trial set for 2/22/2006 09:00 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Pre-Trial Conference set for 1/19/2006 11:30 AM in Chambers Room 429, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Trial Brief due by 12/19/2005. Signed by Judge Janet C. Hall on 8/4/05. (Cody, C.)
PDF 56 Filed: 8/5/2005, Entered: 8/5/2005 Order Referring Case to Magistrate Judge Court Filing
ORDER REFERRING CASE to Magistrate Judge Holly B. Fitzsimmons for Settlement Conference. Signed by Judge Janet C. Hall on 8/4/05. (Cody, C.)
PDF 57 Filed: 8/15/2005, Entered: 8/15/2005 Calendar Entry Court Filing
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference set for 9/26/2005 10:00 AM in Chambers Room 266 - Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. A representative with authority from Guaranty Fund must be present at the conference. PLEASE READ AND COMPLY WITH THE ATTACHED SETTLEMENT CONFERENCE INSTRUCTIONS. (Esposito, A.)
 59 Filed: 9/29/2005, Entered: 9/29/2005 Calendar Entry Court Filing
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Continued Settlement Conference set for 10/6/2005 11:00 AM in Chambers Room 266 - Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Holly B. Fitzsimmons. (Kolesnikoff, D.)
PDF 60 Filed: 10/26/2005, Entered: 10/27/2005 Motion for Leave to Appear
MOTION for Attorney Jesse J. Graham II to Appear Pro Hac Vice. Filing Fee $25.00, Receipt Number B011060, by Town of Sherman. (D'Andrea, S.)
 61 Filed: 10/27/2005, Entered: 10/27/2005 Order on Motion to Appear
NOTICE OF ELECTRONIC ORDER. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Ordered Accordingly [60] Motion for Attorney Jesse J. Graham II to Appear Pro Hac Vice . Signed by Clerk on 10/27/2005. (D'Andrea, S.)
 62 Filed: 12/14/2005, Entered: 12/14/2005 Calendar Entry Court Filing
NOTICE TO COUNSEL RE: E-FILE CALENDAR. PRETRIAL CONFERENCE set for 1/19/2006 at 4:00 PM (rescheduled from 11:30 AM on the same day), 915 Lafayette Blvd., Bridgeport, CT in Chambers Room 417 before Judge Janet C. Hall. All persons entering the courthouse must present photo identification. TRIAL COUNSEL ARE ORDERED BY THE COURT TO BE PRESENT ON THIS DATE AND TIME, AND TO BE PREPARED TO DISCUSS ALL PENDING MOTIONS. ADDITIONALLY, TRIAL COUNSEL SHALL BE PREPARED TO DISCUSS THE PARTIES JOINT TRIAL MEMORANDUM AND ANY OBJECTIONS THERETO OR CONTAINED THEREIN. (Szczygiel, G.)
PDF 63 Filed: 12/14/2005, Entered: 12/14/2005 Calendar Entry Court Filing
NOTICE TO COUNSEL RE: E-FILE CALENDAR. JURY SELECTION set for 2/1/06 at 8:30 AM. JURY TRIAL set for 2/22/2006 09:00 AM, U.S. District Court, 915 Lafayette Blvd.,Courtroom 2,Bridgeport, CT before Judge Janet C. Hall. Please refer to instructions from the Court attached to this docket entry. All persons entering the courthouse must present photo identification.(Szczygiel, G.)
PDF 64 Filed: 12/15/2005, Entered: 12/19/2005 Notice of Appearance
NOTICE of Appearance by William M. Bloss on behalf of Stephen Bernstein, Phyllis Bernstein (D'Andrea, S.)
PDF 65 Filed: 12/15/2005, Entered: 12/19/2005, Terminated: 12/29/2005 Motion for Extension of Time
MOTION for Extension of Time to December 27, 2005 to File Joint Pretrial Memorandum by Stephen Bernstein, Phyllis Bernstein. (D'Andrea, S.)
PDF 66 Filed: 12/20/2005, Entered: 12/20/2005, Terminated: 6/27/2006 Motion in Limine
MOTION in Limine to Preclude re: Plaintiff's Expert, John Serth from introducing any expert opinions as evidence by Town of Sherman.Responses Due by 1/10/2006. (Attachments: # (1) Exhibit A; # (2) Exhibit B; # (3) Exhibit C; # (4) Memorandum in Support) (D'Andrea, S.) Modified on 12/20/2005 (D'Andrea, S.).
PDF 67 Filed: 12/20/2005, Entered: 12/20/2005, Terminated: 12/22/2005 Motion to Withdraw as Attorney
MOTION for D. Randall DiBella to Withdraw as Attorney by Town of Sherman. (DiBella, David)
PDF 68 Filed: 12/20/2005, Entered: 12/20/2005 Docket Annotation
Docket Entry Correction re [66] MOTION in Limine. Modified to Describe Additional Attachment: Memorandum of Law. (D'Andrea, S.)
PDF 69 Filed: 12/20/2005, Entered: 12/20/2005, Terminated: 6/27/2006 Motion in Limine
MOTION in Limine to Preclude re: Survey Map #1449 dated February 1990 as evidence by Town of Sherman.Responses Due by 1/10/2006 (Attachments: # (1) Memorandum in Support; # (2) Exhibit A)(D'Andrea, S.)
PDF 70 Filed: 12/20/2005, Entered: 12/20/2005, Terminated: 6/27/2006 Motion to Bifurcate
MOTION to Bifurcate Trial of Liability and Damage Issues by Town of Sherman.Responses Due by 1/10/2006. (Attachments: # (1) Memorandum in Support)(D'Andrea, S.)
PDF 71 Filed: 12/20/2005, Entered: 12/20/2005 Trial Memo
TRIAL MEMO by Town of Sherman with Estimated Trial Time of 8 Days. (D'Andrea, S.)
PDF 72 Filed: 12/20/2005, Entered: 12/20/2005 Proposed Jury Instructions/Request to Charge
Proposed Jury Instructions by Town of Sherman. (D'Andrea, S.)
PDF 73 Filed: 12/20/2005, Entered: 12/20/2005 Proposed Voir Dire
Proposed Voir Dire Questions by Town of Sherman. (D'Andrea, S.)
PDF 74 Filed: 12/20/2005, Entered: 12/20/2005 Proposed Jury Instructions/Request to Charge
Proposed Jury Interrogatories by Town of Sherman. (D'Andrea, S.)
 75 Filed: 12/22/2005, Entered: 12/22/2005 Order on Motion to Withdraw as Attorney Court Filing
ORDER granting [67] Motion to Withdraw as Attorney. Attorney David Randall DiBella terminated . Signed by Judge Janet C. Hall on 12/22/05. (Boroskey, C.)
PDF 76 Filed: 12/27/2005, Entered: 12/28/2005 Trial Memo
TRIAL MEMO by Stephen Bernstein, Phyllis Bernstein, Town of Sherman Estimated trial time 9 days. (Cody, C.)
PDF 77 Filed: 12/27/2005, Entered: 12/28/2005 Proposed Voir Dire
Proposed Voir Dire by Stephen Bernstein, Phyllis Bernstein. (Cody, C.)
PDF 78 Filed: 12/27/2005, Entered: 12/28/2005 Proposed Verdict Form
Proposed Verdict Form by Stephen Bernstein, Phyllis Bernstein. (Cody, C.)
PDF 79 Filed: 12/27/2005, Entered: 12/28/2005, Terminated: 9/27/2006 Motion in Limine
MOTION in Limine re: Brooks Country Cycling Tours waiver document by Stephen Bernstein, Phyllis Bernstein.Responses due by 1/17/2006 (Attachments: # (1) Memorandum in Support)(Cody, C.)
 80 Filed: 12/29/2005, Entered: 12/29/2005 Order on Motion for Extension of Time Court Filing
ORDER granting [65] MOTION for Extension of Time to December 27, 2005 to File Joint Pretrial Memorandum . Signed by Judge Janet C. Hall on 12/29/05. (Boroskey, C.)
PDF 81 Filed: 1/3/2006, Entered: 1/3/2006, Terminated: 1/11/2006 Motion to Withdraw as Attorney
MOTION for David P. Burke to Withdraw as Attorney by Town of Sherman. (Burke, David)
PDF 82 Filed: 1/3/2006, Entered: 1/4/2006 Jury Instructions/Charge
Plaintiff's Initial Requests to Charge.(D'Andrea, S.)
PDF 83 Filed: 1/6/2006, Entered: 1/9/2006, Terminated: 1/11/2006 Motion for Extension of Time
First MOTION for Extension of Time (no date given) to Continue Pretrial Conference by Stephen Bernstein, Phyllis Bernstein. (D'Andrea, S.)
PDF 84 Filed: 1/10/2006, Entered: 1/10/2006, Terminated: 1/11/2006 Motion to Withdraw
MOTION to Withdraw [83] MOTION for Extension of Time to Continue Pretrial Conference by Stephen Bernstein, Phyllis Bernstein. (D'Andrea, S.)
 85 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion to Withdraw as Attorney Court Filing
ORDER granting [81] Motion to Withdraw as Attorney. Attorney David P. Burke terminated as to Town of Sherman. Signed by Judge Janet C. Hall on 1/09/06. (Boroskey, C.)
 86 Filed: 1/11/2006, Entered: 1/11/2006 Order on Motion for Extension of Time Court Filing
ORDER withdrawing [83] Motion for Extension of Time, granting [84] Motion to Withdraw First MOTION for Extension of Time (no date given) to Continue Pretrial Conference . Signed by Judge Janet C. Hall on 1/11/06. (Boroskey, C.)
PDF 87 Filed: 1/12/2006, Entered: 1/12/2006 Order of Transfer Court Filing
ORDER OF TRANSFER. Case reassigned to Judge Warren W. Eginton for all further proceedings. Signed by Judge Janet C. Hall on 1/9/2006. (Sanders, C.)
 -- Filed: 1/13/2006, Entered: 1/17/2006 Set Deadlines/Hearings
Set Deadlines: Jury Selection Set for 5/22/2006 09:00AM before Judge Warren W. Eginton. Jury Trial to Commence immediately thereafter. (D'Andrea, S.)
 88 Filed: 1/13/2006, Entered: 1/13/2006 Order Court Filing
ORDER continuing the jury selection to May 22, 2006 with the trial to commence immediately thereafter. Signed by Judge Warren W. Eginton on 1/13/06. (Welles, T.)
PDF 89 Filed: 1/27/2006, Entered: 1/27/2006 Consent to Jurisdiction by US Magistrate Judge Court Filing
CONSENT to Jurisdiction by US Magistrate Judge by Stephen Bernstein, Town of Sherman. Case Reassigned to Magistrate Judge William I. Garfinkel. Signed by Judge Warren W. Eginton on 1/26/2006. (D'Andrea, S.)
PDF 90 Filed: 1/31/2006, Entered: 1/31/2006 Scheduling Order Court Filing
ELECTRONIC SCHEDULING ORDER: Jury Selection had been set for Monday, 5/15/2006, at 09:30AM before Judge William I. Garfinkel. The room for jury selection has not yet been determined. Unless counsel are advised otherwise, they should report to Chambers, Room 429, 915 Lafayette Blvd., Bridgeport, CT. A nine-day Jury Trial has been scheduled for Tuesday, 5/16/2006, commencing each day at 09:30 AM in the Magistrate Courtroom, 4th Floor, Room 435, 915 Lafayette Blvd., Bridgeport, CT before Judge William I. Garfinkel. A Trial Scheduling Order is attached to this Order. Please note that all persons entering the Courthouse will be required to present photo identification. Signed by Judge William I. Garfinkel on 1/31/2006. (Smith, M.)
 91 Filed: 2/16/2006, Entered: 2/16/2006 Scheduling Order Court Filing
ELECTRONIC SCHEDULING ORDER: A hearing on all pending motions and a final pretrial hearing are scheduled for Thursday, April 6, 2006, at 10:30 a.m. before the Honorable William I. Garfinkel, in the Magistrates Courtroom, Room 435, United States Courthouse, 915 Lafayette Blvd., Bridgeport, CT. Please note that all persons entering the Courthouse will be required to present photo identification. This electronic scheduling order is the only notice the Court will issue. Signed by Judge William I. Garfinkel on 2/16/2006. (Smith, M.)
 92 Filed: 2/16/2006, Entered: 2/16/2006 Scheduling Order Court Filing
ELECTRONIC SCHEDULING ORDER: The Motions Hearing and Pretrial Conference scheduled for April 6, 2006, has been rescheduled for April 7, 2006, at 11:00 a.m. before the Honorable William I. Garfinkel, in the Magistrates Courtroom, Room 435, United States Courthouse, 915 Lafayette Blvd., Bridgeport, CT. This is the only notice the Court will issue. Signed by Judge William I. Garfinkel on 2/16/2006. (Smith, M.)
PDF 93 Filed: 3/10/2006, Entered: 3/14/2006 Memorandum in Opposition to Motion
Defendant's OBJECTION re [79] Plaintiff's MOTION in Limine re: Brooks Country Cycling Tours Waiver, filed by Town of Sherman. (D'Andrea, S.) Exhibit A added on 3/14/2006 (D'Andrea, S.). Modified on 3/14/2006 (D'Andrea, S.)
PDF 94 Filed: 3/10/2006, Entered: 3/14/2006 Motion in Limine
Defendant's MOTION in Limine re: Plaintiff's "Day in the Life" Video by Town of Sherman.Responses Due by 3/31/2006. (Attachments: # (1) Memorandum in Support)(D'Andrea, S.)
PDF 95 Filed: 3/10/2006, Entered: 3/14/2006 Witness List
Defendant's Compliance with Final Pre-Trial Order re: Expert Witnesses by Town of Sherman. (Attachments: # (1) Exhibit A; # (2) Exhibit B)(D'Andrea, S.)
PDF 96 Filed: 3/10/2006, Entered: 3/14/2006 Jury Instructions/Charge
Defendant's Revised Proposed Jury Instructions, filed by Town of Sherman. (D'Andrea, S.)
 -- Filed: 3/22/2006, Entered: 3/23/2006 Set Deadlines/Hearings
Set Deadlines: Jury Selection Set for 9/19/2006 09:30AM before Judge William I. Garfinkel. Jury Trial Set for 9/20/2006 09:30 AM in Magistrate Courtroom, 4th Floor, Room 435, 915 Lafayette Blvd., Bridgeport, CT before Judge William I. Garfinkel. (D'Andrea, S.)
 97 Filed: 3/22/2006, Entered: 3/22/2006 Scheduling Order Court Filing
ELECTRONIC SCHEDULING ORDER: The Motions Hearing and Pretrial Conference scheduled for April 7, 2006, has been rescheduled for Tuesday, June 27, 2006, at 10:00 a.m. before the Honorable William I. Garfinkel, in the Magistrates Courtroom, Room 435, United States Courthouse, 915 Lafayette Blvd., Bridgeport, CT. This is the only notice the Court will issue. Signed by Judge William I. Garfinkel on 3/22/2006. (Smith, M.)
 98 Filed: 3/22/2006, Entered: 3/22/2006 Scheduling Order Court Filing
ELECTRONIC SCHEDULING ORDER: Jury Selection had been rescheduled for Tuesday, September 19, 2006, at 09:30AM before Judge William I. Garfinkel. The room for jury selection has not yet been determined. Unless counsel are advised otherwise, they should report to Chambers, Room 429, 915 Lafayette Blvd., Bridgeport, CT. An eight-day Jury Trial has been scheduled to commence the following day, September 20, 2006, commencing each day at 09:30 AM in the Magistrate Courtroom, 4th Floor, Room 435, 915 Lafayette Blvd., Bridgeport, CT before Judge William I. Garfinkel. The Trial Scheduling Order previously issued remains in effect except that the deadlines are modified as set forth in this Electronic Scheduling Order. Please note that all persons entering the Courthouse will be required to present photo identification. Signed by Judge William I. Garfinkel on 3/22/2006. (Smith, M.)
PDF 99 Filed: 6/15/2006, Entered: 6/20/2006 Memorandum in Opposition to Motion
Memorandum in Opposition re [70] Defendant's MOTION to Bifurcate Trial of Liability and Damages Issues, filed by Stephen Bernstein, Phyllis Bernstein. (D'Andrea, S.)
PDF 100 Filed: 6/20/2006, Entered: 6/21/2006 Memorandum in Opposition to Motion
Memorandum in Opposition re [69] Defendant's MOTION in Limine re: Survey Map #1449, filed by Stephen Bernstein, Phyllis Bernstein. (Attachments: # (1) Exhibit A)(D'Andrea, S.)
PDF 101 Filed: 6/20/2006, Entered: 6/21/2006 Memorandum in Opposition to Motion
Memorandum in Opposition re [66] Defendant's MOTION in Limine re: to Preclude Testimony and Report of Plaintiffs' Expert John Serth, filed by Stephen Bernstein, Phyllis Bernstein. (Attachments: # (1) Exhibit 1; # (2) Exhibit 2; # (3) Exhibit 3)(D'Andrea, S.)
 102 Filed: 6/27/2006, Entered: 6/28/2006 Motion Hearing Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Motion Hearing held on 6/27/2006 re [69] MOTION in Limine filed by Town of Sherman,, [94] MOTION in Limine filed by Town of Sherman,, [70] MOTION to Bifurcate filed by Town of Sherman,, [79] MOTION in Limine filed by Stephen Bernstein,, Phyllis Bernstein,, [66] MOTION in Limine filed by Town of Sherman,. Total Time: 1 hours and 40 minutes(Court Reporter S. Baldwin.) (Sanders, C.)
 103 Filed: 6/27/2006, Entered: 6/28/2006 Order on Motion in Limine
Oral Order in Open Court granting in part and denying in part [66] Motion in Limine to Preclude's Expert, John Serth from introducing any expert opinions as evidence, denying without prejudice to reconsider [69] Motion in Limine to Preclude re: Survey Map #1449 dated February 1990 as evidence, denying [70] Motion to Bifurcate Trial of Liability and Damages Issues, taking under advisement [79] Motion in Limine re Brooks Country Cycling Tours waiver document, denying [94] Motion in Limine re: Plaintiffs' Day in the Life Video; as reflected in the Courts' transcript of the hearing. William I. Garfinkel, M.J. (Sanders, C.)
PDF 104 Filed: 7/13/2006, Entered: 7/14/2006 Notice of Appearance
NOTICE of Appearance by Sean K. McElligott on behalf of Stephen Bernstein, Phyllis Bernstein (Simpson, T.)
PDF 105 Filed: 9/11/2006, Entered: 9/11/2006 Calendar Entry Court Filing
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Jury Selection set for 9/19/2006 at 9:30 AM in Courtroom Four-2nd Floor Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge William I. Garfinkel. Jury Trial set for 9/19/2006 following jury selection in Magistrate Courtroom, 4th Floor, Room 435, 915 Lafayette Blvd., Bridgeport, CT before Judge William I. Garfinkel. PLEASE READ THE CALENDAR NOTICE BY CLICKING ON THE DOCUMENT NUMBER. (Sanders, C.)
 106 Filed: 9/19/2006, Entered: 9/19/2006 Jury Selection Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Selection held on 9/19/2006. Jury Trial set for 9/20/2006 10:00 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge William I. Garfinkel. Total Time: 2 hours(Court Reporter S. Baldwin.) (Sanders, C.)
 -- Filed: 9/20/2006, Entered: 9/20/2006, Terminated: 9/20/2006 Motion for Miscellaneous Relief
Oral MOTION to Sequester Witnesses During Trial by Town of Sherman. (Sanders, C.)
 107 Filed: 9/20/2006, Entered: 9/20/2006 Jury Trial - Begun Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Trial held on 9/20/2006 Jury Trial Continued Until 9/21/2006. Total Time: 2 hours and 30 minutes(Court Reporter S. Baldwin.) (Sanders, C.)
 108 Filed: 9/20/2006, Entered: 9/20/2006 Order on Motion for Miscellaneous Relief Court Filing
ORDER granting Oral Motion to Sequester Witnesses During Trial by Magistrate Judge William I. Garfinkel (Sanders, C.)
 109 Filed: 9/21/2006, Entered: 9/21/2006 Jury Trial - Held Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Trial held on 9/21/2006. Jury Trial Continued Until 9/22/2006. Total Time: 4 hours and 15 minutes(Court Reporter M.Corriette & S. Baldwin.) (Sanders, C.)
 110 Filed: 9/22/2006, Entered: 9/22/2006 Jury Trial - Held Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Trial held on 9/22/2006. Jury Trial Continued Until 9/25/2006. Total Time: 1 hours and 30 minutes(Court Reporter S. Baldwin.) (Sanders, C.)
PDF 111 Filed: 9/22/2006, Entered: 9/22/2006 Stipulation
STIPULATION re Plaintiff's Exhibits by Stephen Bernstein, Phyllis Bernstein, Town of Sherman. (Sanders, C.)
PDF 112 Filed: 9/22/2006, Entered: 9/22/2006 Stipulation
STIPULATION re Plaintiff's exhibit 14G by Stephen Bernstein, Phyllis Bernstein, Town of Sherman. (Sanders, C.)
 113 Filed: 9/25/2006, Entered: 9/25/2006 Transcript Court Filing
TRANSCRIPT of Proceedings (Excerpt Of Trial Testimony Of Deborah Bernstein) held on 9/21/2006 before Judge Magistrate Judge William I. Garfinkel. Court Reporter: M. Corriette, transcript prepared by Bowles Reporting Service. (Sanders, C.)
 114 Filed: 9/25/2006, Entered: 9/25/2006 Jury Trial - Held Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Trial held on 9/25/2006. Jury Trial Continued Until 9/26/2006. Total Time: 1 hours and 15 minutes(Court Reporter M. Corriette.) (Sanders, C.)
 115 Filed: 9/25/2006, Entered: 9/25/2006, Terminated: 9/25/2006 Motion to Dismiss
Oral MOTION to Dismiss Case based on defective road statute by Town of Sherman. (Sanders, C.)
 116 Filed: 9/25/2006, Entered: 9/25/2006 Order on Motion to Dismiss Court Filing
ORDER denying in open Court with permission to renew [115] Oral Motion to Dismiss .by Judge William I. Garfinkel on 9/25/2006. (Sanders, C.)
 117 Filed: 9/26/2006, Entered: 9/26/2006 Jury Trial - Held Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Trial held on 9/26/2006. Jury Trial Continued Until 9/27/2006. Total Time: 3 hours and 15 minutes(Court Reporter S. Baldwin.) (Sanders, C.)
 118 Filed: 9/27/2006, Entered: 9/28/2006 Jury Trial - Completed Court Filing
Minute Entry for proceedings held before Judge William I. Garfinkel : Jury Trial completed on 9/27/2006. Oral Motion for Judgment as a Matter of Law renewed, denied in open court by Judge William I. Garfinkel. Total Time: 4 hours(Court Reporter S. Baldwin.) (Sanders, C.).
 119 Filed: 9/27/2006, Entered: 9/28/2006 Order on Motion in Limine Court Filing
Oral ORDER denying as moot in open court [79] Motion in Limine . by Judge William I. Garfinkel on 9/27/2006. (Sanders, C.)
PDF 120 Filed: 9/27/2006, Entered: 9/28/2006 Witness List
Marked Witness List. (Sanders, C.)
PDF 121 Filed: 9/27/2006, Entered: 9/28/2006 Exhibit List
Marked Exhibit List by Stephen Bernstein. All exhibits to be returned to Counsel, per instructions by the Court.(Sanders, C.) Modified on 3/26/2007 (Sanders, C.).
PDF 122 Filed: 9/27/2006, Entered: 9/28/2006 Exhibit List
Marked Plaintiff's Exhibit List. (Sanders, C.)
PDF 123 Filed: 9/27/2006, Entered: 9/28/2006 Exhibit List
Marked Exhibit List by Town of Sherman. All exhibits to be returned to Counsel, per instructions by the Court.(Sanders, C.) Modified on 3/26/2007 (Sanders, C.).
PDF 124 Filed: 9/27/2006, Entered: 9/28/2006 Jury Instructions/Charge
Jury Instructions. (Sanders, C.)
PDF 125 Filed: 9/27/2006, Entered: 9/28/2006 Jury Verdict
JURY VERDICT (Special Interrogatories) For Defendant, Town of Sherman Against Plaintiff, Stephen Bernstein. (Sanders, C.)
PDF 126 Filed: 9/28/2006, Entered: 9/28/2006 Judgment
JUDGMENT in favor of defendant, Town of Sherman against plaintiff, Stephen Bernstein. Signed by Clerk on 9/28/2006. (Sanders, C.)
 -- Filed: 10/2/2006, Entered: 10/2/2006 Remark
Plaintiff's exhibits returned on 10/2/06. (Sanders, C.)
PDF 127 Filed: 11/2/2006, Entered: 11/2/2006 Bill of Costs
BILL OF COSTS by Town of Sherman. (Jordan, Beatrice)
PDF 128 Filed: 11/2/2006, Entered: 11/2/2006 Affidavit
AFFIDAVIT re [127] Bill of Costs Signed By Beatrice S. Jordan filed by Town of Sherman. (Attachments: # (1) Exhibit A)(Jordan, Beatrice)
PDF 129 Filed: 3/23/2007, Entered: 3/26/2007 Order
RULING Granting in Part and Denying in Part re [127] Bill of Costs filed by Town of Sherman. Defendant's Bill of Costs are allowed as follows: Fees of the Court Reporter $2546.75; Fees for Copies $32.85; Total $2579.60. Signed by Clerk on 3/23/2007. (D'Andrea, S.)
 -- Filed: 3/26/2007, Entered: 3/26/2007 Docket Annotation
Docket Entry Correction...Modified by editing into the begining of the text "Marked" instead of "Proposed" re [123] Exhibit List, [121] Exhibit List (Sanders, C.)

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