Smith v. New York City Police Department et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:06-cv-15436
District Judge Jed S. Rakoff, presiding

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No Logo Philip Smith, Plaintiff

Toggle Switch Represented by Sullivan & Cromwell LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Victoria A Coyle +1 212 558 3129 +1 212 291 9437 coylev@sullcrom.com
ATTORNEY TO BE NOTICED Justin Michael Ellis +1 212 607 8160 +1 212 607 8161 jellis@mololamken.com
ATTORNEY TO BE NOTICED Stephanie Szaro Heglund +1 212 558 7875 +1 212 291 9203 heglunds@sullcrom.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William B Monahan +1 212 558 7375 +1 212 291 9414 monahanw@sullcrom.com
ATTORNEY TO BE NOTICED Stephen Hendrix Oliver Clarke +1 212 558 3453 +1 212 558 4064 clarkest@sullcrom.com
v.
No Logo Det. Forte, Defendant

Toggle Switch Represented by Windels Marx Lane & Mittendorf, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Shawn Fabian +1 212 237 1155 +1 212 262 1215 sfabian@windelsmarx.com
No Logo Det. Gill, Defendant

Toggle Switch Represented by Windels Marx Lane & Mittendorf, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shawn Fabian +1 212 237 1155 +1 212 262 1215 sfabian@windelsmarx.com
No Logo Det. Henry, Defendant
New York City Police Department New York City Police Department, Defendant

Toggle Switch Represented by Windels Marx Lane & Mittendorf, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shawn Fabian +1 212 237 1155 +1 212 262 1215 sfabian@windelsmarx.com
No Logo P.O. Manuel Cordova, Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Morgan David Kunz +1 212 356 2357 +1 212 788 9776 Morgan.Kunz@gmail.com

Toggle Switch Represented by Hughes Hubbard & Reed LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Savvas Antonios Foukas +1 212 837 6735 +1 212 422 4726 foukas@hugheshubbard.com
ATTORNEY TO BE NOTICED Josiah S. Trager +1 213 613 2800 +1 213 613 2950 trager@hugheshubbard.com
ATTORNEY TO BE NOTICED Jason Eric Zakai +1 212 837 6135

Toggle Switch Represented by Suite 600

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Bradley Shanies +1 212 951 1710 +1 212 951 1350 david@shanieslaw.com

Toggle Switch Represented by Windels Marx Lane & Mittendorf, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shawn Fabian +1 212 237 1155 +1 212 262 1215 sfabian@windelsmarx.com
No Logo Parole Officer Henry, Defendant
No Logo Sgt. Anibal Amaya, Defendant
Citation Section 42 U.S.C. § 1983
Nature of Suit 550 - Prisoner Petitions: Civil Rights
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Legal Document (Payment Possibly Required) 162 Filed: 11/8/2012, Entered: None Unknown Document Type
BILL OF COSTS docketed as Judgment #12,1924 on 11/8/12 in favor of New York City Police Department, PO Manuel Cordova, Det. Forte, Det. Gill against Plaintiff Philip Smith for the sum of $693.05.(mro) (Entered: 11/13/2012)
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    Legal Document (Payment Possibly Required) 161 Filed: 10/25/2012, Entered: None Unknown Document Type
    NOTICE OF CHANGE OF ADDRESS by Justin Michael Ellis on behalf of Philip Smith. New Address: Molo Lamken LLP, 540 Madison Avenue, 25th Floor, New York, New York, USA 10022, (212) 607 8159. (Ellis, Justin) (Entered: 10/25/2012)
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      Legal Document (Payment Possibly Required) 160 Filed: 10/25/2012, Entered: None Unknown Document Type
      AFFIRMATION of Morgan D. Kunz in Support re: 159 MOTION for Bill of Costs.. Document filed by Anibal Amaya, Manuel Cordova, Forte, Gill, Henry, New York City Police Department. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Affidavit of Service)(Kunz, Morgan) (Entered: 10/25/2012)
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        Legal Document (Payment Possibly Required) 159 Filed: 10/25/2012, Entered: None Unknown Document Type
        MOTION for Bill of Costs. Document filed by Anibal Amaya, Manuel Cordova, Forte, Gill, Henry, New York City Police Department. Return Date set for 11/8/2012 at 10:30 AM.(Kunz, Morgan) (Entered: 10/25/2012)
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          Legal Document (Payment Possibly Required) 158 Filed: 9/25/2012, Entered: None Unknown Document Type
          MANDATE of USCA (Certified Copy) as to 156 Notice of Appeal filed by Philip Smith USCA Case Number 11-3338. Upon due consideration, it is hereby ORDERED that the motion for appointment of counsel is DENIED and the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/25/2012. (nd) (Entered: 09/25/2012)
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            Legal Document (Payment Possibly Required) 157 Filed: 8/16/2011, Entered: None Unknown Document Type
            Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 156 Notice of Appeal filed by Philip Smith 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 08/16/2011)
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              Legal Document (Payment Possibly Required) 156 Filed: 8/5/2011, Entered: None Unknown Document Type
              NOTICE OF APPEAL from 144 Judgment. Document filed by Philip Smith. (tp) (Entered: 08/11/2011)
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                Legal Document (Payment Possibly Required) 155 Filed: 8/10/2011, Entered: None Unknown Document Type
                Pro Se Appeal Acknowledgment Letter Mailed: Appeal acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 8/10/11. (kj) (Entered: 08/10/2011)
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                  Legal Document (Payment Possibly Required) 154 Filed: 7/21/2011, Entered: None Unknown Document Type
                  NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/12/2011 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: 07/21/2011)
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                    Legal Document (Payment Possibly Required) 153 Filed: 7/21/2011, Entered: None Unknown Document TypeCourt Filing
                    TRANSCRIPT of Proceedings re: TRIAL held on 7/12/2011 before Judge Loretta A. Preska. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011.(McGuirk, Kelly) (Entered: 07/21/2011)
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                      Legal Document (Payment Possibly Required) 152 Filed: 7/21/2011, Entered: None Unknown Document Type
                      NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/11/2011 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: 07/21/2011)
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                        Legal Document (Payment Possibly Required) 151 Filed: 7/21/2011, Entered: None Unknown Document TypeCourt Filing
                        TRANSCRIPT of Proceedings re: Trial held on 7/11/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011.(McGuirk, Kelly) (Entered: 07/21/2011)
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                          Legal Document (Payment Possibly Required) 150 Filed: 7/21/2011, Entered: None Unknown Document Type
                          NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/8/11 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: 07/21/2011)
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                            Legal Document (Payment Possibly Required) 149 Filed: 7/21/2011, Entered: None Unknown Document TypeCourt Filing
                            TRANSCRIPT of Proceedings re: Trial held on 7/8/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011. (Attachments: # 1 TRANSCRIPT)(McGuirk, Kelly) (Entered: 07/21/2011)
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                              Legal Document (Payment Possibly Required) 148 Filed: 7/21/2011, Entered: None Unknown Document Type
                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/7/2011 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: 07/21/2011)
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                                Legal Document (Payment Possibly Required) 147 Filed: 7/21/2011, Entered: None Unknown Document TypeCourt Filing
                                TRANSCRIPT of Proceedings re: Trial held on 7/7/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011.(McGuirk, Kelly) (Entered: 07/21/2011)
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                                  Legal Document (Payment Possibly Required) 146 Filed: 7/21/2011, Entered: None Unknown Document Type
                                  NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 7/6/2011 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: 07/21/2011)
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                                    Legal Document (Payment Possibly Required) 145 Filed: 7/21/2011, Entered: None Unknown Document TypeCourt Filing
                                    TRANSCRIPT of Proceedings re: Trial held on 7/6/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011.(McGuirk, Kelly) (Entered: 07/21/2011)
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                                      Legal Document (Payment Possibly Required) 144 Filed: 7/12/2011, Entered: None Unknown Document TypeCourt Filing
                                      FINAL JUDGMENT that final judgment is hereby entered and the complaint is dismissed with prejudice. (Signed by Judge Jed S. Rakoff on 7/12/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 07/13/2011)
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                                        Legal Document (Payment Possibly Required) 143 Filed: 7/12/2011, Entered: None Unknown Document Type
                                        NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 6/29/11 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: 07/12/2011)
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                                          Legal Document (Payment Possibly Required) 142 Filed: 7/12/2011, Entered: None Unknown Document TypeCourt Filing
                                          TRANSCRIPT of Proceedings re: Hearing held on 6/29/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/5/2011. Redacted Transcript Deadline set for 8/15/2011. Release of Transcript Restriction set for 10/13/2011.(McGuirk, Kelly) (Entered: 07/12/2011)
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                                            Legal Document (Payment Possibly Required) 141 Filed: 7/11/2011, Entered: None Unknown Document Type
                                            THE COURT'S INSTRUCTIONS OF LAW TO THE JURY (COURT EXHIBIT #1). (mbe) (Entered: 07/11/2011)
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                                              Legal Document (Payment Possibly Required) 140 Filed: 7/5/2011, Entered: None Unknown Document TypeCourt Filing
                                              ORDER, that the Court Security Officers or other individuals in charge of admitting the public into the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York, allow Savvas Foukas, Josiah Trager, and Jason Zakai, attorneys for defendant, to bring a handgun, magazine, and 32 auto cartridges, vouchered as evidence by the New York City Police Department, bearing voucher number 994291, as well as a blue nylon zipper jacket, black leather hat, blue jeans pants, white tee shirt with blood, blue long sleeve shirt, blue/yellow jacket with blood, auto cell phone charger, and paper with ballistic damage, vouchered as evidence by the New York City Police Department, bearing voucher number 994289 into the United States District Court so that they may be used for the purpose of trial before the Honorable Jed S. Rakoff on July 6, 2011 at 9:00a.m. and continuing until July 15, 2011. ( Jury Trial set for 7/6/2011 at 09:00 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 7/1/11) (pl) Modified on 7/5/2011 (pl). (Entered: 07/05/2011)
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                                                Legal Document (Payment Possibly Required) 139 Filed: 6/30/2011, Entered: None Unknown Document Type
                                                PROPOSED VOIR DIRE QUESTIONS. Document filed by Philip Smith.(Monahan, William) (Entered: 06/30/2011)
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                                                  Legal Document (Payment Possibly Required) 138 Filed: 6/30/2011, Entered: None Unknown Document Type
                                                  PROPOSED JURY INSTRUCTIONS. Document filed by Philip Smith.(Monahan, William) (Entered: 06/30/2011)
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                                                    Legal Document (Payment Possibly Required) 137 Filed: 6/30/2011, Entered: None Unknown Document Type
                                                    PROPOSED JURY INSTRUCTIONS. Document filed by Manuel Cordova.(Foukas, Savvas) (Entered: 06/30/2011)
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                                                      Legal Document (Payment Possibly Required) 136 Filed: 6/30/2011, Entered: None Unknown Document Type
                                                      PROPOSED VOIR DIRE QUESTIONS. Document filed by Manuel Cordova.(Foukas, Savvas) (Entered: 06/30/2011)
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                                                        Legal Document (Payment Possibly Required) 135 Filed: 6/30/2011, Entered: None Unknown Document Type
                                                        JOINT PRETRIAL STATEMENT Proposed Joint Pretrial Consent Order. Document filed by Manuel Cordova, Philip Smith.(Foukas, Savvas) (Entered: 06/30/2011)
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                                                          Legal Document (Payment Possibly Required) 134 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                          AFFIDAVIT of William B. Monahan in Opposition re: 120 MOTION in Limine.. Document filed by Philip Smith. (Attachments: # 1 Exhibit)(Monahan, William) (Entered: 06/29/2011)
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                                                            Legal Document (Payment Possibly Required) 133 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                            MEMORANDUM OF LAW in Opposition re: 120 MOTION in Limine. to Prevent the Jury from Learning of the City of New York's Indemnification of Punitive Damages. Document filed by Philip Smith. (Monahan, William) (Entered: 06/28/2011)
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                                                              Legal Document (Payment Possibly Required) 132 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                              MEMORANDUM OF LAW in Opposition re: 120 MOTION in Limine. to Admit Irrelevant, Highly Prejudicial and Hearsay Statements Into Evidence. Document filed by Philip Smith. (Monahan, William) (Entered: 06/28/2011)
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                                                                Legal Document (Payment Possibly Required) 131 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                                RESPONSE to Motion re: 123 MOTION in Limine to Exclude Evidence Concerning Defendant's Ability to Pay a Damages Award.. Document filed by Manuel Cordova. (Foukas, Savvas) (Entered: 06/28/2011)
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                                                                  Legal Document (Payment Possibly Required) 130 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                                  AFFIDAVIT of William B. Monahan in Opposition re: 120 MOTION in Limine.. Document filed by Philip Smith. (Attachments: # 1 Exhibit)(Monahan, William) (Entered: 06/28/2011)
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                                                                    Legal Document (Payment Possibly Required) 129 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                                    MEMORANDUM OF LAW in Opposition re: 120 MOTION in Limine. to Exclude Evidence at Trial Concerning Defendant's Disciplinary History. Document filed by Philip Smith. (Monahan, William) (Entered: 06/28/2011)
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                                                                      Legal Document (Payment Possibly Required) 128 Filed: 6/28/2011, Entered: None Unknown Document Type
                                                                      MEMORANDUM OF LAW in Opposition re: 120 MOTION in Limine. to Preclude Plaintiff from Mentioning or Offering Evidence at Trial Regarding the New York City Police Department's Patrol Guide. Document filed by Philip Smith. (Monahan, William) (Entered: 06/28/2011)
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                                                                        Legal Document (Payment Possibly Required) 127 Filed: 6/27/2011, Entered: None Unknown Document Type
                                                                        NOTICE OF APPEARANCE by Victoria Alterman Coyle on behalf of Philip Smith (Coyle, Victoria) (Entered: 06/27/2011)
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                                                                          Legal Document (Payment Possibly Required) 126 Filed: 6/24/2011, Entered: None Unknown Document Type
                                                                          NOTICE OF APPEARANCE by Justin Michael Ellis on behalf of Philip Smith (Ellis, Justin) (Entered: 06/24/2011)
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                                                                            Legal Document (Payment Possibly Required) 125 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                            AFFIDAVIT of William B. Monahan in Support re: 123 MOTION in Limine to Exclude Evidence Concerning Defendant's Ability to Pay a Damages Award.. Document filed by Philip Smith. (Attachments: # 1 Exhibit)(Monahan, William) (Entered: 06/22/2011)
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                                                                              Legal Document (Payment Possibly Required) 124 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                              MEMORANDUM OF LAW in Support re: 123 MOTION in Limine to Exclude Evidence Concerning Defendant's Ability to Pay a Damages Award.. Document filed by Philip Smith. (Monahan, William) (Entered: 06/22/2011)
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                                                                                Legal Document (Payment Possibly Required) 123 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                                MOTION in Limine to Exclude Evidence Concerning Defendant's Ability to Pay a Damages Award. Document filed by Philip Smith.(Monahan, William) (Entered: 06/22/2011)
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                                                                                  Legal Document (Payment Possibly Required) 122 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                                  DECLARATION of Jason E. Zakai in Support re: 120 MOTION in Limine.. Document filed by Manuel Cordova. (Attachments: # 1 Exhibit A-R)(Zakai, Jason) (Entered: 06/22/2011)
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                                                                                    Legal Document (Payment Possibly Required) 121 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                                    MEMORANDUM OF LAW in Support re: 120 MOTION in Limine.. Document filed by Manuel Cordova. (Zakai, Jason) (Entered: 06/22/2011)
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                                                                                      Legal Document (Payment Possibly Required) 120 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                                      MOTION in Limine. Document filed by Manuel Cordova.(Zakai, Jason) (Entered: 06/22/2011)
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                                                                                        Legal Document (Payment Possibly Required) 119 Filed: 6/22/2011, Entered: None Unknown Document Type
                                                                                        MOTION to Use General Purpose Computing Devices at Trial. Document filed by Philip Smith. (Attachments: # 1 Text of Proposed Order)(Monahan, William) (Entered: 06/22/2011)
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                                                                                          Legal Document (Payment Possibly Required) 118 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                          AFFIDAVIT of William B. Monahan in Opposition re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Philip Smith. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-24, # 4 Exhibit 25, # 5 Exhibit 26-29, # 6 Exhibit 30-33, # 7 Exhibit 34-36, # 8 Exhibit 37-39, # 9 Exhibit 40-44)(Monahan, William) (Entered: 06/17/2011)
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                                                                                            Legal Document (Payment Possibly Required) 117 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                            AFFIDAVIT of Charles V. Wetli, M.D. in Opposition re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Philip Smith. (Monahan, William) (Entered: 06/17/2011)
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                                                                                              Legal Document (Payment Possibly Required) 116 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                              AFFIDAVIT of John D. Allendorf, M.D. in Opposition re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Philip Smith. (Monahan, William) (Entered: 06/17/2011)
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                                                                                                Legal Document (Payment Possibly Required) 115 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                                MEMORANDUM OF LAW in Opposition re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Philip Smith. (Monahan, William) (Entered: 06/17/2011)
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                                                                                                  Legal Document (Payment Possibly Required) 114 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                                  DECLARATION of Jason E. Zakai in Opposition re: 103 MOTION to Preclude All Opinion Testimony of George Krivosta, and the Opinion Testimony of James Gill, M.D. that Relates to Residue Evidence and Shooting Reconstructions.. Document filed by Manuel Cordova. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H-M, # 3 Exhibit N-Q, # 4 Exhibit R, # 5 Exhibit S)(Zakai, Jason) (Entered: 06/17/2011)
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                                                                                                    Legal Document (Payment Possibly Required) 113 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                                    MEMORANDUM OF LAW in Opposition re: 103 MOTION to Preclude All Opinion Testimony of George Krivosta, and the Opinion Testimony of James Gill, M.D. that Relates to Residue Evidence and Shooting Reconstructions.. Document filed by Manuel Cordova. (Zakai, Jason) (Entered: 06/17/2011)
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                                                                                                      Legal Document (Payment Possibly Required) 112 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                                      DECLARATION of Savvas A. Foukas in Opposition re: 97 MOTION in Limine to Exclude Certain "Bad Acts" Evidence from Trial., 100 MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.".. Document filed by Manuel Cordova. (Attachments: # 1 Exhibit A - G, # 2 Exhibit H - K, # 3 Exhibit L - N)(Foukas, Savvas) (Entered: 06/17/2011)
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                                                                                                        Legal Document (Payment Possibly Required) 111 Filed: 6/17/2011, Entered: None Unknown Document Type
                                                                                                        MEMORANDUM OF LAW in Opposition re: 97 MOTION in Limine to Exclude Certain "Bad Acts" Evidence from Trial., 100 MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.".. Document filed by Manuel Cordova. (Foukas, Savvas) (Entered: 06/17/2011)
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                                                                                                          Legal Document (Payment Possibly Required) 110 Filed: 6/16/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                          ORDER: IT HEREBY ORDERED that, through the duration of the trial of this action, Charles Wetli, M.D. is hereby permitted to enter the Metropolitan Correctional Center to conduct a physical examination of Philip Smith, Federal Register Number 91726054, during the Metropolitan Correctional Center's visiting hours, and that Dr. Wetli be permitted to bring into the Metropolitan Correctional Center one or more tape measures or similar measuring instruments to conduct the examination. IT IS FURTHER ORDERED ORDERED that, through the duration of the trial or this action, James Gill, M.D., or his designee, is hereby penl1itted to enter the Metropolitan Correctional Center to conduct a physical examination of Philip Smith, Federal Register Number 91726054, within the presence of Philip Smith's counsel, during the Metropolitan Correctional Center's visiting hours, and that Dr. Gill or his designee be permitted to bring into the Metropolitan Correctional Center one or more tape measures or similar measuring instruments to conduct the examination. (Signed by Judge Jed S. Rakoff on 6/16/2011) (tro) (Entered: 06/16/2011)
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                                                                                                            Legal Document (Payment Possibly Required) 109 Filed: 6/15/2011, Entered: None Unknown Document Type
                                                                                                            RULE 26 DISCLOSURE.Document filed by Philip Smith.(Monahan, William) (Entered: 06/15/2011)
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                                                                                                              Legal Document (Payment Possibly Required) 108 Filed: 6/15/2011, Entered: None Unknown Document Type
                                                                                                              NOTICE of Deposition Designations. Document filed by Manuel Cordova. (Foukas, Savvas) (Entered: 06/15/2011)
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                                                                                                                Legal Document (Payment Possibly Required) 107 Filed: 6/15/2011, Entered: None Unknown Document Type
                                                                                                                WITNESS LIST. Document filed by Manuel Cordova.(Foukas, Savvas) (Entered: 06/15/2011)
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                                                                                                                  Legal Document (Payment Possibly Required) 106 Filed: 6/15/2011, Entered: None Unknown Document Type
                                                                                                                  Exhibit List. Document filed by Manuel Cordova.(Foukas, Savvas) (Entered: 06/15/2011)
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                                                                                                                    Legal Document (Payment Possibly Required) 105 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                    MEMORANDUM OF LAW in Support re: 103 MOTION to Preclude All Opinion Testimony of George Krivosta, and the Opinion Testimony of James Gill, M.D. that Relates to Residue Evidence and Shooting Reconstructions.. Document filed by Philip Smith. (Monahan, William) (Entered: 06/10/2011)
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                                                                                                                      Legal Document (Payment Possibly Required) 104 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                      AFFIDAVIT of William B. Monahan in Support re: 103 MOTION to Preclude All Opinion Testimony of George Krivosta, and the Opinion Testimony of James Gill, M.D. that Relates to Residue Evidence and Shooting Reconstructions.. Document filed by Philip Smith. (Attachments: # 1 Exhibit 1 to 3, # 2 Exhibit 4 to 9, # 3 Exhibit 10 to 12, # 4 Exhibit 13 to 16, # 5 Exhibit 17 to 21, # 6 Exhibit 22 to 25, # 7 Exhibit 26 to 30)(Monahan, William) (Entered: 06/10/2011)
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                                                                                                                        Legal Document (Payment Possibly Required) 103 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                        MOTION to Preclude All Opinion Testimony of George Krivosta, and the Opinion Testimony of James Gill, M.D. that Relates to Residue Evidence and Shooting Reconstructions. Document filed by Philip Smith. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Certificate of Service)(Monahan, William) (Entered: 06/10/2011)
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                                                                                                                          Legal Document (Payment Possibly Required) 102 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                          AFFIDAVIT of William B. Monahan in Support re: 100 MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.".. Document filed by Philip Smith. (Attachments: # 1 Exhibit Exhibits)(Monahan, William) (Entered: 06/10/2011)
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                                                                                                                            Legal Document (Payment Possibly Required) 101 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                            MEMORANDUM OF LAW in Support re: 100 MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.".. Document filed by Philip Smith. (Monahan, William) (Entered: 06/10/2011)
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                                                                                                                              Legal Document (Payment Possibly Required) 100 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                              MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.". Document filed by Philip Smith. (Attachments: # 1 Text of Proposed Order Proposed Order)(Monahan, William) (Entered: 06/10/2011)
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                                                                                                                                Legal Document (Payment Possibly Required) 99 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                AFFIDAVIT of William B. Monahan in Support re: 97 MOTION in Limine to Exclude Certain "Bad Acts" Evidence from Trial.. Document filed by Philip Smith. (Attachments: # 1 Exhibit A to G, # 2 Exhibit H to Q)(Monahan, William) (Entered: 06/10/2011)
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                                                                                                                                  Legal Document (Payment Possibly Required) 98 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                  MEMORANDUM OF LAW in Support re: 97 MOTION in Limine to Exclude Certain "Bad Acts" Evidence from Trial.. Document filed by Philip Smith. (Monahan, William) (Entered: 06/10/2011)
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                                                                                                                                    Legal Document (Payment Possibly Required) 97 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                    MOTION in Limine to Exclude Certain "Bad Acts" Evidence from Trial. Document filed by Philip Smith. (Attachments: # 1 Text of Proposed Order Proposed Order)(Monahan, William) (Entered: 06/10/2011)
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                                                                                                                                      Legal Document (Payment Possibly Required) 96 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                      DECLARATION of David G. Rabkin, M.D. in Support re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Manuel Cordova. (Foukas, Savvas) (Entered: 06/10/2011)
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                                                                                                                                        Legal Document (Payment Possibly Required) 95 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                        DECLARATION of John D. Allendorf, M.D. in Support re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Manuel Cordova. (Foukas, Savvas) (Entered: 06/10/2011)
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                                                                                                                                          Legal Document (Payment Possibly Required) 94 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                          DECLARATION of Josiah S. Trager in Support re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Manuel Cordova. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Foukas, Savvas) (Entered: 06/10/2011)
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                                                                                                                                            Legal Document (Payment Possibly Required) 93 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                            MEMORANDUM OF LAW in Support re: 92 MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda.. Document filed by Manuel Cordova. (Foukas, Savvas) (Entered: 06/10/2011)
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                                                                                                                                              Legal Document (Payment Possibly Required) 92 Filed: 6/10/2011, Entered: None Unknown Document Type
                                                                                                                                              MOTION to Exclude the Testimony of Dr. Charles Wetli and Michelle Miranda. Document filed by Manuel Cordova.(Foukas, Savvas) (Entered: 06/10/2011)
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                                                                                                                                                Legal Document (Payment Possibly Required) 91 Filed: 5/25/2011, Entered: None Unknown Document Type
                                                                                                                                                NOTICE OF APPEARANCE by Stephen Hendrix Oliver Clarke on behalf of Philip Smith (Clarke, Stephen) (Entered: 05/25/2011)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 90 Filed: 5/25/2011, Entered: None Unknown Document Type
                                                                                                                                                  NOTICE OF APPEARANCE by Stephanie Wayne on behalf of Philip Smith (Wayne, Stephanie) (Entered: 05/25/2011)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 89 Filed: 5/12/2011, Entered: None Unknown Document Type
                                                                                                                                                    NOTICE OF APPEARANCE by Jason Eric Zakai on behalf of Manuel Cordova (Zakai, Jason) (Entered: 05/12/2011)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 88 Filed: 5/5/2011, Entered: None Unknown Document Type
                                                                                                                                                      AFFIDAVIT of William B. Monahan in Support re: 87 CONSENT MOTION for Writ of Habeas Corpus ad testificandum as to Plaintiff Philip Smith.. Document filed by Philip Smith. (Monahan, William) (Entered: 05/05/2011)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 87 Filed: 5/5/2011, Entered: None Unknown Document Type
                                                                                                                                                        CONSENT MOTION for Writ of Habeas Corpus ad testificandum as to Plaintiff Philip Smith. Document filed by Philip Smith.(Monahan, William) (Entered: 05/05/2011)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 86 Filed: 4/27/2011, Entered: None Unknown Document Type
                                                                                                                                                          NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/1/11 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: 04/27/2011)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 85 Filed: 4/27/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                            TRANSCRIPT of Proceedings re: HEARING held on 04/1/11 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2011. Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction set for 7/29/2011.(McGuirk, Kelly) (Entered: 04/27/2011)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 84 Filed: 4/26/2011, Entered: None Unknown Document Type
                                                                                                                                                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 04/01/11 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: 04/26/2011)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 83 Filed: 4/26/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                TRANSCRIPT of Proceedings re: hearing held on 04/1/11 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/20/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/28/2011.(McGuirk, Kelly) (Entered: 04/26/2011)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 82 Filed: 4/1/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                  TRANSCRIPT of proceedings held on 3/18/11, 3:35 p.m. before Judge Jed S. Rakoff. (rjm) (Entered: 04/05/2011)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 81 Filed: 3/24/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                    TRANSCRIPT of proceedings held on March 11, 2011 12:15 p.m. before Judge Jed S. Rakoff. (ajc) (Entered: 03/30/2011)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 80 Filed: 3/17/2011, Entered: None Unknown Document Type
                                                                                                                                                                      NOTICE OF APPEARANCE by Savvas Antonios Foukas on behalf of Manuel Cordova (Foukas, Savvas) (Entered: 03/17/2011)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 79 Filed: 3/10/2011, Entered: None Unknown Document Type
                                                                                                                                                                        NOTICE OF APPEARANCE by Josiah Samuel Trager on behalf of Manuel Cordova (Trager, Josiah) (Entered: 03/10/2011)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 78 Filed: 3/10/2011, Entered: None Unknown Document Type
                                                                                                                                                                          NOTICE OF APPEARANCE by David Bradley Shanies on behalf of Manuel Cordova (Shanies, David) (Entered: 03/10/2011)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 77 Filed: 2/24/2011, Entered: None Unknown Document Type
                                                                                                                                                                            AFFIDAVIT of William B. Monahan in Support re: 75 MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.". Document filed by Philip Smith. (Attachments: # 1 Exhibit A to D, # 2 Exhibit E to G)(Monahan, William) (Entered: 02/24/2011)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 76 Filed: 2/24/2011, Entered: None Unknown Document Type
                                                                                                                                                                              MEMORANDUM OF LAW in Support re: 75 MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.". Document filed by Philip Smith. (Monahan, William) Modified on 2/25/2011 (ka). Modified on 2/25/2011 (ka). (Entered: 02/24/2011)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 75 Filed: 2/24/2011, Entered: None Unknown Document Type
                                                                                                                                                                                MOTION in Limine to Exclude Evidence from Trial Concerning an Alleged Fight Between Plaintiff and "L.S.". Document filed by Philip Smith.(Monahan, William) (Entered: 02/24/2011)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 74 Filed: 2/22/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                  ORDER: Since plaintiff Philip Smith is now being represented by counsel, the Court directs the Clerk's Office to designate the above-captioned case for participation in the court's electronic case filing ("ECF") program. All filings going forward as of this date shall be electronic and the parties shall follow all ECF rules of the Clerk's Office. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/21/2011) (lnl) (Entered: 02/23/2011)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 73 Filed: 2/15/2011, Entered: None Unknown Document Type
                                                                                                                                                                                    FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT of William B. Monahan in Support re: 71 MOTION in Limine to Exclude Certain "Bad Acts" Evidence From Trial. Document filed by Philip Smith. (Attachments: # 1 Exhibit A to H, # 2 Exhibit I to Q)(Monahan, William) Modified on 2/16/2011 (ka). (Entered: 02/15/2011)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 72 Filed: 2/15/2011, Entered: None Unknown Document Type
                                                                                                                                                                                      FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Support re: 71 MOTION in Limine to Exclude Certain "Bad Acts" Evidence From Trial. Document filed by Philip Smith. (Monahan, William) Modified on 2/16/2011 (ka). (Entered: 02/15/2011)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 71 Filed: 2/15/2011, Entered: None Unknown Document Type
                                                                                                                                                                                        FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION in Limine to Exclude Certain "Bad Acts" Evidence From Trial. Document filed by Philip Smith.(Monahan, William) Modified on 2/16/2011 (ka). (Entered: 02/15/2011)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 70 Filed: 2/15/2011, Entered: None Unknown Document Type
                                                                                                                                                                                          FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT of William B. Monahan in Support re: 69 CONSENT MOTION for Writ of Habeas Corpus ad testificandum as to Plaintiff Philip Smith.. Document filed by Philip Smith. (Monahan, William) Modified on 2/16/2011 (ka). (Entered: 02/15/2011)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 69 Filed: 2/15/2011, Entered: None Unknown Document Type
                                                                                                                                                                                            FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - CONSENT MOTION for Writ of Habeas Corpus ad testificandum as to Plaintiff Philip Smith. Document filed by Philip Smith.(Monahan, William) Modified on 2/16/2011 (ka). (Entered: 02/15/2011)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 68 Filed: 1/19/2011, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                              TRANSCRIPT of proceedings held on 12/7/2010 before Judge Jed S. Rakoff. (ab) (Entered: 01/19/2011)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 67 Filed: 12/20/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                TRANSCRIPT of proceedings held on December 7, 2010 at 2:18 p.m. before Judge Jed S. Rakoff. (js) (Entered: 12/29/2010)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 66 Filed: 12/2/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                  ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from William B. Monahan, dated 12/1/2010, re: Counsel for Plaintiff Philip Smith writes to request that the Court schedule a pre-motion conference so that Mr. Smith may make his motion to re-open discovery. ENDORSEMENT: The plaintiff has misconstrued paragraph 2A of the Court's Individual Rules of Practice, as no pre-motion conference is required in this circumstance. Accordingly, the request for such a conference is denied. In any event, inasmuch as the parties have submitted their joint pretrial order to the Court and the assigned district judge is poised to fix a date for trial, the underlying application to delay the trial to conduct discovery should be presented to him. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/1/2010) (lnl) (Entered: 12/02/2010)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 65 Filed: 11/19/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                    MOTION for Conference in accordance with Rule 2.A of Judge Fox's Individual Rules. Document filed by Philip Smith.(Monahan, William) (Entered: 11/19/2010)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 64 Filed: 11/12/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                      NOTICE OF APPEARANCE by William Brian Monahan on behalf of Philip Smith (Monahan, William) (Entered: 11/12/2010)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 63 Filed: 9/9/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                        ORDER denying 60 Motion. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/9/10) Copies Mailed By Chambers. (cd) (Entered: 09/09/2010)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 62 Filed: 8/24/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                          ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Morgan D. Kunz dated 8/23/2010 re: Defendant Cordova requests an enlargement of time, until 9/13/2010, for the parties to submit a joint pretrial order. ENDORSEMENT: Application granted. (Pretrial Order due by 9/13/2010.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/23/2010) (tro) (Entered: 08/25/2010)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 61 Filed: 8/24/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                            ORDER: IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of Wyoming Correctional Facility, located in Attica, New York, produce inmate Philip Smith, Inmate No. 04-A-6650, within the Mid Wyoming Correctional Facility, for a telephonic conference between Philip Smith, Inmate No. 04-A-6650, and the Office of the Corporation Counsel on Monday, August 30, 2010, commencing at 10:00 A.M. until completion; and (2) that inmate Philip Smith, Inmate No. 04-A-6650, appear in such place as designated by the Superintendent or other official in charge of Mid-Orange Correctional Facility so that this telephonic conference may take place. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/24/2010) (rw) (Main Document 61 replaced on 9/2/2010) (rw). (Entered: 08/25/2010)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 60 Filed: 8/20/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                              MOTION for the Leave of the Court to serve the interrogatories annexed to plaintiff's affidavit in support of this motion upon the defendants indicated therein. Document filed by Philip Smith.(mro) (Entered: 08/25/2010)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 59 Filed: 7/28/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                PRO SE MEMORANDUM dated 07/27/10 re: CHANGE OF ADDRESS for Philip Smith. New Address: 04-A-6650, Wyoming Correctional Facility, P.O. Box 501, Attica, New York, 14011. (rmj) (Entered: 07/28/2010)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 58 Filed: 7/27/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                  ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Morgan D. Kunz dated 7/26/10 re: Defendant requests an enlargement of time, from July 30, 2010 until August 30, 2010, for the parties to submit the JPTO to the Court. Should the Court grant this request, defendant also respectfully requests that the Court endorse the enclosed proposed order, to allow counsel for defendant to speak with plaintiff on August 13, 2010. ENDORSEMENT: Application granted. ( Pretrial Order due by 8/30/2010.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/27/10) (djc) (Entered: 07/27/2010)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 57 Filed: 7/27/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                    ORDER. IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of Wyoming Correctional Facility, located in Attica, New York, produce inmate Philip Smith, Inmate No. 04-A-6650, within the Mid Wyoming Correctional Facility, for a telephonic conference between Philip Smith, Inmate No. 04-A-6650, and the Office of the Corporation Counsel on Friday, August 13, 2010, commencing at 10:00 A.M. until completion; and (2) that inmate Philip Smith, Inmate No. 04-A-6650, appear in such place as designated by the Superintendent or other official in charge of Mid-Orange Correctional Facility so that this telephonic conference may take place. (Telephone Conference set for 8/13/2010 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/27/10) (djc) Modified on 7/29/2010 (djc). (Entered: 07/27/2010)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 56 Filed: 7/26/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                      NOTICE OF APPEARANCE by Morgan David Kunz on behalf of Manuel Cordova (Attachments: # 1 Affidavit Affidavit of Service)(Kunz, Morgan) (Entered: 07/26/2010)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 55 Filed: 6/16/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                        MEMORANDUM OF LAW in Support of their objection to the report and recommendation of the Honorable Kevin Nathaniel Fox. Document filed by Philip Smith. (mbe) (Entered: 06/18/2010)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 54 Filed: 6/11/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                          AMENDED ORDER. IT IS HEREBY ORDERED that: (1) the Superintendent or other official in charge of the Wyoming Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate in a telephonic conference with the Office of the Corporation Counsel on Friday, June 25, 2010, commencing at 10:00 a.m. until completion; and (2) plaintiff Phillip Smith shall appear in such place as designated by the Superintendent or other official in charge of the Wyoming Correctional Facility so that this telephonic conference may take place. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/11/10) Copies Mailed By Chambers.(rjm) (Entered: 06/14/2010)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 53 Filed: 6/11/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                            ORDER. IT IS HEREBY ORDERED that: (1) the Superintendent or other official in charge of the Wyoming Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate in a telephonic conference with counsel to the defendants and the Court, which conference call shall be initiated by counsel to the defendants to (212) 805-6705 on June 25, 2010, at 10:00 a.m.; (2) plaintiff Phillip Smith shall appear in a private room, designated by the Superintendent or other official in charge of the Wyoming Correctional Facility, to participate in said telephonic conference; and (3) Assistant Corporation Counsel, Shawn D. Fabian, is directed to serve a copy of this Order on the Superintendent or other official in charge of the Wyoming Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/11/10) Copies Mailed By Chambers.(rjm) (Entered: 06/11/2010)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 52 Filed: 6/11/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                              ORDER. IT IS HEREBY ORDERED: (1) that the Superintendent or other official in charge of Mid-Orange Correctional Facility, located in Warwick, New York, produce inmate Philip Smith, Inmate No. 04-A-6650, within the Mid-Orange Correctional Facility, for a telephonic conference between Philip Smith, Inmate No. 04-A-6650, and the Office of the Corporation Counsel on Friday, June 25, 2010, commencing at 10:00 A.M. until completion; and (2) that inmate Philip Smith, Inmate No. 04-A-6650, appear in such place as designated by the Superintendent or other official in charge of Mid-Orange Correctional Facility so that this telephonic conference may take place. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/11/10) (rjm) (Entered: 06/11/2010)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 51 Filed: 6/11/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Shawn Fabian dated 6/8/10 re: Defendants write to respectfully request (1) an enlargement of time for the parties to submit their Joint Pretrial Order to the Court from June 30, 2010 until July 30, 2010, and (2) the Court endorse the attached proposed Order so this Office may contact Plaintiff at his current facility of incarceration so as to hold meaningful discussions and jointly prepare the Pretrial Order for its submission. Plaintiff is currently incarcerated and proceeding pro se, and therefore, this application is made directly to the Court. ENDORSEMENT: Application granted. So ordered. (Joint Pretrial Order due by 7/30/2010.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/11/10) Copies Mailed By Chambers.(rjm) (Entered: 06/11/2010)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 50 Filed: 5/21/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                  ORDER. on or before June 30, 2010, the parties shall submit to the Court their joint pretrial order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/20/10); copies mailed by Chambers. (djc) (Entered: 05/21/2010)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 49 Filed: 5/17/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                    ORDER: The Court further directs Judge Fox to take all necessary steps to make the case trial-ready on the excessive force claim against Officer Cardova. Finally, the Clerk of the Court is directed to close document number 39 on the docket of the case. So Ordered. (Signed by Judge Jed S. Rakoff on 5/16/2010) (js) (Entered: 05/17/2010)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 48 Filed: 3/11/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                      ORDER that the Court hereby grants Smith's request for an extension of time. Smith's objection to the Report is due by 4/26/10. No further extensions will be granted. (Signed by Judge Jed S. Rakoff on 3/11/10) (dle) (Entered: 03/11/2010)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 47 Filed: 2/22/2010, Entered: None Unknown Document Type
                                                                                                                                                                                                                                        DEFENDANTS' MEMORANDUM OF LAW in Support of their objection to the Report and Recommendation of the Honorable Kevin Nathaniel Fox. Document filed by Forte, Gill, New York City Police Department, Manuel Cordova. (Received in the night deposit box on 2/22/10 at 7:34pm).(mro) (Entered: 02/25/2010)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 46 Filed: 2/4/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                          REPORT AND RECOMMENDATIONS. For the reasons set forth above, the defendants' motion for summary judgment, Docket Entry No. 39, to the extent it pertains to NYPD, the plaintiff's reckless endangerment and attempted murder claims, as well as the claims asserted against Forte and Gill, should be granted. However, the motion should be denied, with respect to the excessive-force claim the plaintiff asserted against Cordova. Objections to R&R due by 2/22/2010 (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/4/2010) Copies Mailed By Chambers.(rw) (Entered: 02/04/2010)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 45 Filed: 1/5/2010, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                            MEMORANDUM AND ORDER, that the plaintiffs application for the appointment of counsel, Docket Entry No. 44, is granted. The Pro Se Office for this judicial district is directed to request pro bono counsel for the plaintiff in accordance with the Pro Bono Panel's procedures. The plaintiff is advised that, until counsel is appointed, he continues in pro se status and, accordingly, must continue to represent himself. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/5/10) Copies Mailed By Chambers.(pl) (Entered: 01/05/2010)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 44 Filed: 11/17/2009, Entered: None Unknown Document Type
                                                                                                                                                                                                                                              APPLICATION for the Court to Request Counsel. Document filed by Philip Smith.(mbe) (Entered: 11/19/2009)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 43 Filed: 10/30/2009, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment. Document filed by Forte, Gill, New York City Police Department, Manuel Cordova. (mbe) (Entered: 11/04/2009)
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                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 42 Filed: 10/22/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Shawn Fabian dated 10/21/09 re: Request to extend time to reply re motion for summary judgment. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to 39 MOTION for Summary Judgment. ( Reply due by 10/30/2009.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/22/09) (cd) (Entered: 10/23/2009)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 41 Filed: 9/9/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Philip Smith dated 9/4/2009 re: Plaintiff writes to request a 30 day extension of time to respond in opposition to the defendants' Motion for Summary Judgment until October 14, 2009. ENDORSEMENT: Application granted. On or before October 14, 2009, the plaintiff shall serve and file his response to the motion. Any reply shall be serve and filed on or before October 26, 2009. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/8/2009) (jfe) (Entered: 09/09/2009)
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                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 40 Filed: 8/14/2009, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                      MEMORANDUM OF LAW re: 39 MOTION for Summary Judgment. Document filed by Forte, Gill, New York City Police Department, Manuel Cordova. (mbe) (Entered: 08/17/2009)
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                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 39 Filed: 8/14/2009, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                        MOTION for Summary Judgment. Document filed by Forte, Gill, New York City Police Department, Manuel Cordova.(mbe) (Entered: 08/17/2009)
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                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 38 Filed: 8/10/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from 8/10/09 dated 8/5/09 re: plaintiff writes in opposition of the defendants request for an enlargement of time to file summary judgment by August 14, 2009. Defendants have not fully complied with plaintiff's outstanding discovery demands dated January 20, 2009. Therefore, plaintiff request that the Court compel the defendants to comply with plaintiff's outstanding discovery request at the earliest possible time. In addition, the plaintiff ask that a 60 day extension of time be granted from the date of receiving the outstanding discovery request until such time is provided by the court. ENDORSEMENT: the plaintiffs application for an order compelling he defendants to disclose material he has demanded during the pretrial discovery phase of the litigation is denied. Plaintiff failed to comply with Fed.R.Civ. P.37(a)(1). So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/10/09) (pl) (Entered: 08/11/2009)
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 37 Filed: 7/24/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Shawn D. Fabian dated 7/24/2009 re: Defendants respectfully request a brief enlargement of time to file their summary judgment motion from July 31, 2009 to August 14, 2009. ENDORSEMENT: Application granted. The plaintiff shall serve and file his response to the motion on or before September 14, 2009. Any reply shall be served and filed on or before September 25, 2009. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/24/2009) (jfe) (Entered: 07/25/2009)
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                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 36 Filed: 5/20/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from Shawn D. Fabian dated 5/18/09 re: Counsel for New York City Police Department, Police Officer Cordova and Detectives Forte and Gill write to respectfully request an enlargement of time to file dispositive motion from 5/29/09 to 7/31/09. ENDORSEMENT: Any dispositive motion shall be served and filed on or before July 31, 2009. The response to the Motion shall be served and filed on or before August 31, 2009. Any reply shall be served and filed on or before 9/11/09. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/20/09) (tro) Modified on 5/26/2009 (tro). (Entered: 05/20/2009)
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                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 35 Filed: 4/22/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                ORDER: The Superintendent or other official in charge of Mid-Orange Correction Facility, located in Warwick, New York, produce inmate Philip Smith, Inmate NO. 04-A-6650, within the Mid-Orange Correctional Facility, for the taking of his deposition via video conference link with the United States District Court for the Southern District of New York on Thursday, 4/30/09, commencing at 10:00 AM, until completion as contemplated by Fed. R. Civ. P. 30(2)(1); and (2) that inmate Philip Smith, Inmate No. 04-A-6650, appear in such place as designated by the Superintendent or other official in charge of Mid-Orange Correctional Facility so that his deposition may be taken. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/22/09) (tro) (Entered: 04/22/2009)
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                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 34 Filed: 2/19/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Shawn Fabian dated 2/17/09 re: Request that the Court grant an enlargement of time for discovery until 4/30/09 and for the serving of dispositive motions until 5/29/09. ENDORSEMENT: Application granted. ( Discovery due by 4/30/2009.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/19/09) (cd) (Entered: 02/19/2009)
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                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 33 Filed: 2/18/2009, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Phillip Smith dated 2/11/2009 re: Petitioner writes requesting that the defendants be required to respond to his outstanding Demand for Interrogatories and Production of Documents prior his deposition. ENDORSEMENT: The instant request is deemed to have been made pursuant to F.R.C.P. 26(d)(2), for an order fixing the sequence of discovery. The request is denied. The plaintiff is reminded that all writing must be sent to the Pro Se Office and not to the Court's chambers. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/17/2009) (tve) (Entered: 02/18/2009)
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                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 32 Filed: 10/6/2008, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                      CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated September 30, 2008, the complaint is dismissed as to defendants Amaya and Henry. (Signed by J. Michael McMahon, clerk on 10/6/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 10/06/2008)
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                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 31 Filed: 10/2/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                        ORDER for 28 Report and Recommendations, Plaintiff has failed to file any objection to the Report and Recommendation, and, for that reason alone, has waived any right to further appellate review. Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons stated therein, dismisses plaintiff's complaint as to defendants Amaya and Henry. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 9/30/08) (tro) (Entered: 10/02/2008)
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 30 Filed: 8/27/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                          ORDER: All Discovery due by 2/20/2009. Settlement Conference set for 3/4/2009 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. Telephone Conference set for 1/12/2009 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. Dispositive Motions due by 3/25/2009. Responses due by 4/13/2009, Replies due by 4/24/2009. Joint Pretrial Order due by 4/6/2009. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/27/08) Copies Mailed By Chambers.(tro) (Entered: 08/28/2008)
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                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 29 Filed: 8/27/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                            ORDER: The Superintendent or other official in charge of the Mid-Orange Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate in a telephonic conference with counsel to the defendants and the Court, which conference call shall be initiated by counsel to the defendants to (212) 805-6705 on 1/12/2009 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. Plaintiff Phillip Smith shall appear in a private room, designated by the Superintendent or other official in charge of the Mis-Orange Correctional Facility, to participate in said telephonic conference. Assistant Corporation Counsel, Shawn D. Fabian, is directed to serve a copy of this Order on the Superintendent or other official in charge of the Mid-Orange Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/27/08) Copies Mailed By Chambers.(tro) (Entered: 08/28/2008)
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                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 28 Filed: 8/27/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                              REPORT AND RECOMMENDATION: I recommend that the instant action be dismissed, pursuant to F.R.C.P. 4(m) and 41(b), with respect to defendants Sgt. Anibal Amaya and Det. Henry. Objections to R&R due by 9/15/2008. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/27/08) Copies Mailed By Chambers.(tro) (Entered: 08/28/2008)
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                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 27 Filed: 8/5/2008, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                PRO SE MEMORANDUM dated 8/5/2008 re: CHANGE OF ADDRESS for Philip Smith. New Address: # 04A6650, Mid-Orange Correctional Facility, 900 Kings Highway, Warwick, New York, 10990. (jmi) (Entered: 08/07/2008)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 26 Filed: 8/5/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                  ORDER: The Superintendent or other official in charge of the Mid-Orange Correction Facility shall provide inmate Phillip Smith, DIN. No. 04-A-6650, a private room, with telephone service, so that he may participate telephonically with counsel to the defendants and the Court in a conference call initiated by counsel to the defendant to (212) 805-6705 on 8/19/2008 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox. Plaintiff Phillip Smith shall appear in a private room, designated by the Superintendent or other official in charge of the Mid-Orange Correctional Facility, to participate in said telephone conference; and Assistant Corporation Counsel, Shawn D. Fabian, is directed to serve a copy of this Order on the Superintendent or other official in charge of the Mid-Orange Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/4/08) Copies Mailed By Chambers.(tro) (Entered: 08/05/2008)
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                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 25 Filed: 8/1/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from Shawn D. Fabian dated 8/1/08 re: Defendants request a brief adjournment of the Initial Conference currently set for 8/1/08 at 2:00 pm to another date and time convenient to the Court. ENDORSEMENT: Application granted. The conference will be held on August 19, 2008 at 2:30 p.m. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/1/08) (tro) (Entered: 08/01/2008)
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                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 24 Filed: 6/24/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                      ORDER: The initial pretrial conference scheduled previously for July 28 at 2:00 p.m., is canceled. It shall be held on August 1, 2008 at 2:00 p.m., in courtroom 9A, before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/23/2008) (jpo) (Entered: 06/24/2008)
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                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 23 Filed: 6/24/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                        ORDER: The initial pretrial conference scheduled previously for July 28, 2008, at 2:00 p.m., is canceled. It is hereby ordered that: (1) the Superintendent or other official in charge of the Ulster Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate telephonically with counsel to the defendants and the Court in a conference call initiated by counsel to the defendants to (212) 805-6705 on August 1, 2008, at 2:00 p.m.; (2) plaintiff Phillip Smith shall appear in a private room, designated by the Superintendent or other official in charge of the Ulster Correctional Facility, to participate in said telephonic conference; and (3) Assistant Corporation Counsel, Shawn D. Fabian, is directed to serve a copy of this order on the Superintendent or other official in charge of the Ulster Correctional Facility, Expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/23/2008) Copies Mailed By Chambers.(jpo) (Entered: 06/24/2008)
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                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 22 Filed: 6/12/2008, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                          PRO SE MEMORANDUM dated 6/12/2008 re: CHANGE OF ADDRESS for Philip Smith. New Address: 04A6650, Ulster Correctional Facility, P.O. Box 800, Nappanoch, New York, 12458. (jpo) (Entered: 06/23/2008)
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                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 21 Filed: 6/18/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                            ORDER tht (1) the Superintendent or other official in charge of the Ulster Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate telephonically with counsel to the defendants and the Court in a conference call initiated by counsel to the defendants to (212) 805-6705 on 7/28/08, at 2:00 pm....Assistant Corporation Counsel, Shawn D. Fabian, is directed to serve a copy of this Order on the Superintendent or other official in charge of the Ulster Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/17/08) Copies sent by chambers(cd) (Entered: 06/18/2008)
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 20 Filed: 6/16/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Shawn Fabian dated 6/9/08 re: Request to adjourn the initial conference set for 6/25/08. ENDORSEMENT: Application granted. The conference will be held on 7/28/08, at 2:00 pm. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/13/08) (cd) (Entered: 06/17/2008)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 19 Filed: 5/30/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                ORDER: The initial pretrial conference scheduled previously for June 2, 2008, at 5:00 p.m., is canceled. IT IS HEREBY ORDERED that: (1) the Superintendent or other official in charge of the Ulster Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate in a telephonic pretrial conference call with theCourt and counsel to the defendants at 2:00 p.m., on June 25,2008; (2) plaintiff Phillip Smith shall appear in a private room, designated by the Superintendent or other official in charge of the Ulster Correctional Facility, to participate in said telephonic conference; and (3) Assistant Corporation Counsel, Shawn D. Fabian, is directed to serve a copy of this Order on the Superintendent or other official in charge of the Ulster Correctional Facility,expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/29/08) Copies Mailed By Chambers. (tro) (Entered: 05/30/2008)
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 5/29/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                  ORDER; that the initial pretrial conference scheduled previously for 6/2/08, at 5:00 p.m., is canceled. The Superintendent or other official in charge of the Mid-Orange Correctional Facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate in a telephonic pretrial conference call with the Court and counsel to the defendants at 2:00 p.m., on 6/25/08; plaintiff shall appear in a private room, designated by the Superintendent or other official in charge of the Mid-Orange Correctional Facility, to participate in said telephone conference. Asst. Corp. Counsel, Shawn D. Fabian, is directed to serve a copy of this Order on the Superintendent or other official in charge of the Mid-Orange Correctional Facility, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/28/08) (pl) Modified on 5/29/2008 (pl). (Entered: 05/29/2008)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 5/29/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                    ORDER GOVERNING INITIAL CONFERENCE AND REQUIRED DISCLOSURES; that the initial pretrial conference scheduled previously for 6/2/08, at 5:00 p.m., is canceled. It shall be held on 6/25/08, at 2:00 p.m., before Kevin Nathaniel Fox, Unites States Magistrate Judge, in courtroom 20A, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/28/08) (pl) (Entered: 05/29/2008)
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 16 Filed: 5/23/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                      ORDER GOVERNING INITIAL CONFERENCE AND REQUIRED DISCLOSURES; that an Initial Conference set for 6/2/2008 at 05:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. Additional relief as set forth in this Order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/22/08) Copies Mailed By Chambers".(pl) Modified on 5/29/2008 (pl). (Entered: 05/23/2008)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 5/23/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                        ORDER; that the Superintendent or other official In charge of the Mid-Orange Correctional facility shall provide inmate Phillip Smith, DIN No. 04-A-6650, a private room, with telephone service, so that he may participate I a telephonic pretrial conference call with the Court and counsel to the defendants at 5:00 p.m., on 6/2/08. Additional relief as set forth in this Order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/22/08) (pl) (Entered: 05/23/2008)
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 14 Filed: 5/23/2008, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                          ORDER; that a view of the court records indicates that an amended complaint was filed on 2/15/07, and that no proof of service of the summons and complaint has been filed with respect to the defendants indicated within. The plaintiff is directed to serve the summons and amended complaint on the defendants and to file proof of that service with the Clerk of Court on or before 6/28/08. if the Defendants are not served with the summons and complaint on or before that date, and if the plaintiff fails to show cause, in writing, why service has not been effected, a report and recommendation will be made to the assigned U.s. District judgment that the complaint be dismissed as to those defendants identified within. Additional relief as set forth in this Order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/22/08) (pl) (Entered: 05/23/2008)
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                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 13 Filed: 1/28/2008, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                            ANSWER to Amended Complaint with JURY DEMAND. Document filed by Forte. (tro) (Entered: 01/30/2008)
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 12 Filed: 10/23/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                              MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and 30/60 Days Amended Complaint served. Thomas D. Forte served. Service was accepted by Sgt Clany, CSU. (jar) (Entered: 10/25/2007)
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                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 11 Filed: 10/10/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                ANSWER to Amended Complaint with JURY DEMAND. Document filed by Gill, New York City Police Department, Manuel Cordova.(pl) (Entered: 10/11/2007)
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 10 Filed: 10/1/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                  MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Thomas Henry. Attempted Service of Summons and 30/60 Days Amended Complaint. Service was attempted on 9/7/07. Document filed by Philip Smith. (kco) (Entered: 10/02/2007)
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 9 Filed: 10/1/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                    MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Anibal Amaya.. Service was attempted on 9/7/2007. Document filed by Philip Smith. (jmi) (Entered: 10/02/2007)
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                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 8 Filed: 10/1/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                      MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Manuel Cordova served on 9/7/2007, answer due 9/27/2007. Service was accepted by SGT Kulz 3881. Document filed by Philip Smith. (jmi) (Entered: 10/09/2007)
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                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 7 Filed: 7/30/2007, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                        ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Jed S. Rakoff on 7/26/2007) (jar) (Entered: 08/01/2007)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 6 Filed: 7/13/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                          MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and 30/60 Days Amended Complaint served. Gill served on 6/29/2007, answer due 7/19/2007. Service was accepted by Det. Gill. Document filed by Philip Smith. (tro) (Entered: 10/09/2007)
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 5 Filed: 2/20/2007, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                            NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Kimba M. Wood is no longer assigned to the case. (js) (Entered: 03/02/2007)
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                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 4 Filed: 2/15/2007, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                              AMENDED COMPLAINT against Forte, Gill, Henry, New York City Police Department, Manuel Cordova, Anibal Amaya amending 2 Complaint with JURY DEMAND.Document filed by Philip Smith. Related document: 2 Complaint filed by Philip Smith.(jar) (Entered: 02/28/2007)
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                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 3 Filed: 12/26/2006, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                                                                                                                                                                                                60 DAYS ORDER....I grant plaintiff?s request to proceed in forma pauperis and direct the Clerk of Court to assign a docket number to this complaint. I further direct plaintiff to submit an amended complaint within 60 days of the instant order as detailed below. Therefore, plaintiff is hereby granted sixty (60) days to amend his complaint to detail his claim of excessive force. In addition to detailing his claim, plaintiff must state when and where the incident occurred. Plaintiff is hereby directed to file an amended complaint containing the information specified above. Plaintiff must name as the defendant(s), in the CAPTION and in the STATEMENT OF CLAIM, those individualswho were allegedly involved in the abovementioned events, except that plaintiff may not name any defendants which have been dismissed from this action by this Order. If plaintiff cannot identify the individual defendant(s) within the time allowed in this order, he may designate the individual as John Doe #1, along with descriptive information. However, plaintiff is advised that the naming of John Doe defendants does not toll the three-year statute of limitations period governing actions arising under 42 U.S.C. 1983, and that plaintiff shall be responsible for ascertaining the true identity of any "John Doe" defendants and amending his complaint to include the identity of any "John Doe" defendants before the statute of limitations period expires. The amended complaint must be submitted to this Court's Pro Se Office within sixty (60) days of the date of this order, be captioned as an "Amended Complaint" and bear the same docket number as this order. A copy of this order must be attached to the Amended Complaint. Plaintiff is advised that an amended complaint will be completely replace the original complaint. No summons shall issue at this time and all further proceedings shall be stayed for sixty (60) days or until plaintiff has complied with this order. If plaintiff fails to comply with this order within the time allowed, the complaint will be dismissed. Once submitted, the amended complaint shall be reviewed for substantive sufficiency and then, if proper, the case shall be reassigned to a district judge in accordance with the procedures of this Clerk's office. If the case is reassigned, a copy of this order shall be served with the summons and amended complaint. I certify pursuant to 28 U.S.C. sec. 1915(a) (3) that any appeal from this order would not be taken in good faith. (Signed by Judge Kimba M. Wood on 12/26/2006) (mbe, ) (Entered: 01/04/2007)
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                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 2 Filed: 12/26/2006, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                  COMPLAINT against New York City Police Department, Manuel Cordova, Anibal Amaya. Document filed by Philip Smith.(mbe, ) (Entered: 01/04/2007)
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                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 1 Filed: 12/26/2006, Entered: None Unknown Document Type
                                                                                                                                                                                                                                                                                                                                    DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Philip Smith.(mbe, ) (Entered: 01/04/2007)
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