RESPONSE to Motion re 71 Letter MOTION for Leave to Electronically File Document under Seal , 70 Letter MOTION for Discovery Requesting Your Honor's Signature on Accompanying Subpoena filed by Suffolk County District Attorney's Office. (Costello, Thomas) (Entered: 03/01/2016)
Amended Summons Issued as to John and Jane 2:13cv5943 Does, John Boreshesky, Alexander Crawford, John J. Doyle, Karen Grenia, Brian Klammer, Janine Lesiewicz, John McHugh, Brandi McLoughlin, Kevin E. O'Reilly, George Oliva, James V. Rios, Nicholas Robbins, David Samartino, Joseph Simeone, Suffolk County Police Department, The County of Suffolk, Lorraine Zaleski. (Valle, Christine) (Entered: 05/11/2015)
ORDER granting 21 Motion to Amend/Correct/Supplement; granting 49 Motion for Extension of Time to File. Given that Defendants' counsel consented to allow Plaintiffs to amend their Complaint, (see Docket Entry 25 ), Plaintiffs' motion (Docket Entry 21 ) is GRANTED. See FED. R. Crv. p. 15. In addition, plaintiffs' motion to extend their time to serve the Amended Complaint (Docket Entry 49 ) is GRANTED. Pursuant to Federal Rule of Civil Procedure 4 (m), Plaintiff's must serve their Amended Complaint upon Defendants within sixty (60) days from the date of this Order. So Ordered by Judge Joanna Seybert on 4/13/2015. (Ortiz, Grisel) (Entered: 04/16/2015)
Minute Order for proceedings, motion hearing held before Magistrate Judge Steven I. Locke on 3/17/15. For the reasons set forth on the record and in the attached order, the pending motions are decided as follows: Defendants' motion 26 is denied without prejudice to renew; Plaintiffs' motions 28 , 29 , 30 , 36 , and 37 are granted in part and denied in part; Plaintiffs' motions 33 and 34 are denied without prejudice to renew; and Plaintiffs' motion 44 is granted. See attached order for further detail. The discovery deadline is extended until 6/30/15. A status conference will be held on 6/3/15 in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 3/17/15. (Disbrow, Sandra) (Entered: 03/18/2015)
AMENDED COMPLAINT against John and Jane 2:13cv5943 Does, Karen Grenia, Suffolk County Police Department, The County of Suffolk, Alexander Crawford, Nicholas Robbins, Janine Lesiewicz, James V. Rios, Kevin E. O'Reilly, Joseph Simeone, George Oliva, John McHugh, John Boreshesky, John J. Doyle, Brandi McLoughlin, Lorraine Zaleski, David Samartino, Brian Klammer, filed by Anne Earl, Joaquin Franqui, III, Nicholas Earl, Simon Earl. (Valle, Christine) (Entered: 10/28/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/17/2015, before Judge Steven I. Locke. Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/30/2015. Redacted Transcript Deadline set for 7/10/2015. Release of Transcript Restriction set for 9/7/2015. (Cox, Dwayne)
Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 6/3/2015. Plaintiffs will serve their deficiency letter on Defendants on or before June 5, 2015. Defendants will respond on or before July 10, 2015, after which Plaintiffs may file an appropriate motion with the Court. (Tape #2:03-2:39.) (Gandiosi, Kristin)
Electronic ORDER: Motion [46] is granted; the minute entry for the 3/17/15 conference is amended to the extent that Plaintiffs' motion to compel responses to the Fifth Set of Demands, Item 3, is granted. If they have not already done so, Defendants will produce responsive documents by 6/12/15 and shall expressly indicate if they have no responsive documents. Defendants' Motion for Extension of Time [51] is granted, with Plaintiffs' consent [52], nunc pro tunc. Plaintiffs' Motion to Withdraw [56] is granted and accordingly Motion [53] is deemed withdrawn. Ordered by Magistrate Judge Steven I. Locke on 6/1/2015. (Disbrow, Sandra)
ANSWER to [58] Amended Complaint, by John Boreshesky, Alexander Crawford, John J. Doyle, Karen Grenia, Brian Klammer, Janine Lesiewicz, John McHugh, Brandi McLoughlin, George Oliva, James V. Rios, Nicholas Robbins, David Samartino, Suffolk County Police Department, The County of Suffolk, Lorraine Zaleski. (Zwilling, Arlene)
EXHIBIT J and K to Amended Complaint by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. Related document: [58] Amended Complaint, filed by Joaquin Franqui, III, Anne Earl, Simon Earl, Nicholas Earl. (Attachments: # (1) Exhibit J, # (2) Exhibit K) (Fisch, Mirel)
Letter MOTION to Withdraw [53] Letter MOTION for Discovery Requesting Your Honor's Signature on the Enclosed Subpoena by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Grandinette, Anthony)
Amended Summons Issued as to John and Jane 2:13cv5943 Does, John Boreshesky, Alexander Crawford, John J. Doyle, Karen Grenia, Brian Klammer, Janine Lesiewicz, John McHugh, Brandi McLoughlin, Kevin E. O'Reilly, George Oliva, James V. Rios, Nicholas Robbins, David Samartino, Joseph Simeone, Suffolk County Police Department, The County of Suffolk, Lorraine Zaleski. (Valle, Christine)
Letter in Opposition to Motion to Identifiy Photographs, Docket No. 52 by Karen Grenia, Suffolk County Police Department, The County of Suffolk (Zwilling, Arlene)
RESPONSE in Opposition re [53] Letter MOTION for Discovery Requesting Your Honor's Signature on the Enclosed Subpoena filed by Karen Grenia, The County of Suffolk. (Zwilling, Arlene)
Letter MOTION for Discovery Requesting Your Honor's Signature on the Enclosed Subpoena by Joaquin Franqui, III. (Attachments: # (1) Proposed Judicial Subpoena Duces Tecum) (Fisch, Mirel)
RESPONSE to Motion re [51] MOTION for Extension of Time to Complete Discovery , and Motion to Compel Identification of Photographs filed by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Fisch, Mirel)
ORDER granting [21] Motion to Amend/Correct/Supplement; granting [49] Motion for Extension of Time to File. Given that Defendants' counsel consented to allow Plaintiffs to amend their Complaint, (see Docket Entry [25]), Plaintiffs' motion (Docket Entry [21]) is GRANTED. See FED. R. Crv. p. 15. In addition, plaintiffs' motion to extend their time to serve the Amended Complaint (Docket Entry [49]) is GRANTED. Pursuant to Federal Rule of Civil Procedure 4 (m), Plaintiff's must serve their Amended Complaint upon Defendants within sixty (60) days from the date of this Order. So Ordered by Judge Joanna Seybert on 4/13/2015. (Ortiz, Grisel)
Letter MOTION for Extension of Time to File / Extension of Time to Serve Proposed Defendants Pursuant to Rule 4(m) by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Fisch, Mirel)
ORDER granting [47]. The subpoena is So Ordered. Ordered by Magistrate Judge Steven I. Locke on 3/30/2015. (orig/mailed to pltfs' counsel) (Disbrow, Sandra)
Letter MOTION for Discovery Requesting Your Honor's Signature on Enclosed Subpoena by Joaquin Franqui, III. (Attachments: # (1) Proposed subpoena) (Fisch, Mirel)
Letter MOTION to Amend/Correct/Supplement DE 45, Request for Clarification by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Fisch, Mirel)
Minute Order for proceedings, motion hearing held before Magistrate Judge Steven I. Locke on 3/17/15. For the reasons set forth on the record and in the attached order, the pending motions are decided as follows: Defendants' motion [26] is denied without prejudice to renew; Plaintiffs' motions [28], [29], [30], [36], and [37] are granted in part and denied in part; Plaintiffs' motions [33] and [34] are denied without prejudice to renew; and Plaintiffs' motion [44] is granted. See attached order for further detail. The discovery deadline is extended until 6/30/15. A status conference will be held on 6/3/15 in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 3/17/15. (Disbrow, Sandra)
Letter MOTION for Discovery Requesting Your Honor's Signature on Enclosed Subpoena by Joaquin Franqui, III. (Attachments: # (1) Proposed subpoena) (Fisch, Mirel)
RESPONSE in Opposition re [37] Letter MOTION to Compel Discovery Responsive to Plaintiffs' Sixth Demand filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Zwilling, Arlene)
RESPONSE in Opposition re [36] Letter MOTION to Compel Discovery Responsive to Plaintiffs' Fifth Demand filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Zwilling, Arlene)
RESPONSE in Opposition re [33] Letter MOTION to Compel Entry, Inspection, Photographs, Testing of 7th Precinct and Physical EvidenceLetter MOTION for Extension of Time to File Motions to Compel Discovery filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Zwilling, Arlene)
RESPONSE in Opposition re [30] Letter MOTION to Compel Discovery Responsive to Plaintiffs' Third Demand filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Zwilling, Arlene)
RESPONSE in Opposition re [29] Letter MOTION to Compel Discovery Responsive to Plaintiffs' Second Demand filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Zwilling, Arlene)
Letter MOTION to Compel Discovery Responsive to Plaintiffs' Sixth Demand by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E) (Fisch, Mirel)
Order on Motion for Leave to Electronically File Document under Seal
Electronic ORDER granting [35] Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original documents under seal as a separate entries. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Steven I. Locke on 3/4/2015. (Disbrow, Sandra)
Electronic ORDER denying [31], [32] Motion to Compel without prejudice. Parties must receive Court permission before filing a motion under seal. Counsel is referred to the instructions accessible from www.nyed.uscourts.gov/cmecf-documentation. In addition, both letters appear to be missing paragraph(s). Defendants' time to respond to the remaining motions is extended to 3/9/15. Ordered by Magistrate Judge Steven I. Locke on 2/26/2015. (Disbrow, Sandra)
Filed: None, Entered: None
Scheduling Order
Electronic ORDER: Due to a change in the Court's calendar, the conference scheduled for 3/2/15 has been adjourned to 3/17/15 at 2:00 p.m. The parties should be prepared to discuss any pending discovery motions at that time. Any request to adjourn the conference must be electronically filed as a "Motion" and must include 3 proposed alternative dates acceptable to all parties. Ordered by Magistrate Judge Steven I. Locke on 2/25/2015. (Disbrow, Sandra)
Letter MOTION to Amend/Correct/Supplement DE 33 to Correct one Date Referenced Therein by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Fisch, Mirel)
Letter MOTION to Compel Entry, Inspection, Photographs, Testing of 7th Precinct and Physical Evidence, Letter MOTION for Extension of Time to File Motions to Compel Discovery by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Fisch, Mirel)
Letter MOTION to Compel Discovery Responsive to Plaintiffs' Sixth Demand by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E) (Fisch, Mirel)
Letter MOTION to Compel Discovery Responsive to Plaintiffs' Third Demand by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Fisch, Mirel)
Letter MOTION to Compel Discovery Responsive to Plaintiffs' First Demand by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F) (Fisch, Mirel)
REPLY in Opposition re [26] MOTION to Compel filed by Joaquin Franqui, III. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Fisch, Mirel)
RESPONSE to Motion re [21] First MOTION to Amend/Correct/Supplement Complaintsin Support filed by Karen Grenia, Suffolk County Police Department. (Zwilling, Arlene)
STIPULATION AND ORDER: The stipulation of confidentiality submitted by the parties is So Ordered as modified. See attached. Ordered by Magistrate Judge Steven I. Locke on 1/15/2015. (Disbrow, Sandra)
Electronic ORDER denying [19] Motion to Compel. Plaintiffs' motion is denied without prejudice to renew for failure to comply with Local Civil Rule 37.3(a). In addition, the Court, having reviewed the parties' submissions, is uncertain as to which particular disputes exist. Accordingly, the parties are directed to meet and confer, in person or by telephone, to narrow the issues. Plaintiffs may then re-file a motion addressing the remaining areas of dispute, if any. Finally, counsel is reminded that pursuant to the undersigned's individual rules, courtesy copies of letter motions with attachments exceeding 15 pages must be provided to Chambers. Ordered by Magistrate Judge Steven I. Locke on 12/9/2014. (Disbrow, Sandra)
RESPONSE in Opposition re [19] Letter MOTION to Compel Production of Documents and Things filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Zwilling, Arlene)
Minute Order for proceedings held before Magistrate Judge Steven I. Locke, Conference held on 11/19/2014: granting [16] Motion. Plaintiff will withdraw amended complaint and file a motion for leave to amend by 1/1/15; opposition by 2/13/15; reply by 2/23/15. Next status conference will be held on 3/2/15 at 10:30 a.m. Any motions relating to outstanding discovery will be fully submitted by 2/23/15. Ordered by Magistrate Judge Steven I. Locke on 11/19/14 (Disbrow, Sandra)
REPLY in Opposition to Motion to Extend time to file Amended Complaint filed by Karen Grenia, Suffolk County Police Department, The County of Suffolk. (Zwilling, Arlene)
NOTICE Re: Proposed Summons attached to [15] Amended Complaint incorrect and will not issue; Counsel is advised to re-file corrected Proposed Summons for issuance by the Court. (Valle, Christine)
AMENDED COMPLAINT against John and Jane 2:13cv5943 Does, Karen Grenia, Suffolk County Police Department, The County of Suffolk, Alexander Crawford, Nicholas Robbins, Janine Lesiewicz, James V. Rios, Kevin E. O'Reilly, Joseph Simeone, George Oliva, John McHugh, John Boreshesky, John J. Doyle, Brandi McLoughlin, Lorraine Zaleski, David Samartino, Brian Klammer, filed by Anne Earl, Joaquin Franqui, III, Nicholas Earl, Simon Earl. (Valle, Christine)
Incorrect Case/Document/Entry Information - Counsel filed the Amended Complaint without adding the new parties. In order to create the necessary records behind the scenes, the Amended Complaint was deleted and re-docketed correctly. (Valle, Christine)
Filed: None, Entered: None
Order
ELECTRONIC ORDER The pretrial conference scheduled for 11/17/2014 has been moved to 11/19/2014 @ 11:00 am. Ordered by Magistrate Judge Steven I. Locke on 10/10/2014. (Gandiosi, Kristin)
ORDER: The parties are advised that, absent a specific order to the contrary, all previously established discovery deadlines and conference dates remain in effect. See attached order for additional directions. Ordered by Magistrate Judge Steven I. Locke on 8/6/14. (Attachments: # 1 SIL Rules) (Disbrow, Sandra)
Case Reassigned to Magistrate Judge Steven I Locke. Magistrate Judge William D. Wall no longer assigned to the case. (Marziliano, August)
Filed: None, Entered: None
Order on Motion for Extension of Time to Amend
ORDER terminating [12] Motion for Extension of Time to Amend ; granting [13] Motion for Extension of Time to Amend. Ordered by Magistrate Judge William D. Wall on 7/30/2014. (Hepworth, F.)
Letter MOTION for Extension of Time to Amend Complaint-Replacing DE 12 Filed in Error by Anne Earl, Nicholas Earl, Simon Earl, Joaquin Franqui, III. (Grandinette, Anthony)
Electronic ORDER: The relief requested in [11] is denied without prejudice to renewal for failure to comply with the undersigned's individual rules. Any request for court action must be electronically filed as a "Motion." Ordered by Magistrate Judge William D. Wall on 5/7/2014. (Disbrow, Sandra)
ORDER granting [9] Motion to Consolidate Cases; For the reasons stated by Plaintiff's counsel & without objection from the defense, 13cv5943 is consolidated with 14cv0750 for discovery and trial under 13cv5943. So Ordered by Judge Joanna Seybert on 4/30/2014. C/ECF (Valle, Christine)
Letter MOTION to Consolidate Cases for discovery purposes and assignment to the same judge and magistrate judge by Joaquin Franqui, III. (Fisch, Mirel)
SUMMONS Returned Executed by Joaquin Franqui, III. John and Jane 2:13cv5943 Does served on 10/29/2013, answer due 11/19/2013; Karen Grenia served on 1/6/2014, answer due 1/27/2014; Suffolk County Police Department served on 10/29/2013, answer due 11/19/2013; The County of Suffolk served on 10/30/2013, answer due 11/20/2013. (Grandinette, Anthony)
SCHEDULING ORDER: Completion of all discovery by October 20, 2014; see attached order for additional deadlines. The next pretrial conference will be held on November 17, 2014. Ordered by Magistrate Judge William D. Wall on 2/4/2014. (Gandiosi, Kristin) (Main Document 6 replaced on 2/6/2014) (Gandiosi, Kristin). (Main Document 6 replaced on 2/6/2014) (Gandiosi, Kristin).
ORDER: The court has prepared a proposed scheduling order. Counsel are directed to carefully read all three documents associated with this entry - the Order, the Proposed Scheduling Order, and the Individual Rules - and to meet and confer as directed in the Order. Ordered by Magistrate Judge William D. Wall on 1/13/2014. (Attachments: # (1) Proposed Sched. Order, # (2) WDW Rules) (Gandiosi, Kristin)
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Major, Jasmine)
COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -No,, filed by Joaquin Franqui, III. (Attachments: # (1) Civil Cover Sheet) (Major, Jasmine)
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