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 99 |
Filed: 6/12/2024, Entered: None |
Memorandum Opinion |
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Published at  |
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Filed: 6/2/2021, Entered: 6/2/2021 |
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Case randomly reassigned to Judge Joanna Seybert. Judge Sandra J. Feuerstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa)
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Filed: 6/2/2021, Entered: 6/2/2021 |
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NOTICE: Whereas one or more parties does not consented to jurisdiction by a Magistrate Judge for all purposes. Pursuant to 28 U.S.C. ยง 636(c)(1), this case will be randomly assigned to a District Judge and will remain referred to Magistrate Judge Anne Y. Shields for all pretrial, non-dispositive matters (Florio, Lisa)
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Filed: 5/10/2021, Entered: 5/11/2021 |
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Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Telephone Conference held on 5/10/2021 (Torres, Jasmine)
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Filed: 5/4/2021, Entered: 5/4/2021 |
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Set/Reset Hearings: Status Conference set for 5/10/2021 at 11:45 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields. (Torres, Jasmine)
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 76 |
Filed: 5/3/2021, Entered: 5/3/2021 |
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NOTICE regarding Administrative Order No. 2021-08 In Re: Matter of Cases Previously Assigned to the Honorable Sandra J. Feuerstein. As set forth in Admin. Order No. 2021-08, the duty to respond to the order is mandatory. Each party must indicate their intent by completing the attached Election Form and returning it to the Clerk's Office within thirty (30) days of the date of the order. In the case of a newly added party, such party has thirty days from the date of appearance in the case in which to return their election form. Election Forms are NOT to be filed via ECF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722.CF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. (Florio, Lisa)
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 Request |
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| 75 |
Filed: 1/26/2021, Entered: 1/26/2021 |
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Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Civil Cause for Status Conference held on 1/26/2021. Plaintiff's Attorney: Violate Samuels, present. Defendant's Attorney: Andrew Preston, present. Case called. OTHER: An in person bench trial is scheduled before Judge Feuerstein on 1/3/2022 at 10:00 am. (Coleman, Laurie)
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Request |
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Filed: 1/25/2021, Entered: 1/25/2021 |
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ORDER granting 74 Motion to Adjourn Trial. A conference is scheduled for 1/26/2021 at 11:00 AM to schedule a new trial date. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 1/25/2021. (Schiraldi)
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| 74 |
Filed: 1/19/2021, Entered: 1/19/2021 |
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Letter MOTION to Adjourn Conference to Judge Feuerstein regarding scheduling trial by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead (Preston, Andrew) Modified on 1/19/2021 to edit to a motion(Cubano, Jazmin).
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Request |
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| 73 |
Filed: 1/4/2021, Entered: 1/4/2021 |
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Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 1/4/2021: Plaintiff and defendants counsel present; Case called. OTHER: A virtual bench trial via video is scheduled before Judge Feuerstein on 3/1/2021 at 10:00 am. (Cubano, Jazmin)
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Request |
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| 72 |
Filed: 12/4/2020, Entered: 12/4/2020 |
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Letter to Judge Feuerstein dated December 4, 2020 by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead (Preston, Andrew)
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Request |
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| 71 |
Filed: 12/3/2020, Entered: 12/3/2020 |
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Letter dated 12-03-20 - Reporting the last amount offered for settlement by 3D38C75 (Samuels, Violet)
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Request |
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| 70 |
Filed: 12/3/2020, Entered: 12/3/2020 |
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Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 12/3/2020: Plaintiff and defendants counsel present; Case called. OTHER: A further telephone status conference is scheduled on 1/4/2021 at 9:30 am. At the designated time, the parties shall call Chambers' teleconferencing number, (877) 336-1280, and follow the automated instructions; the access code is: 7215690. (Cubano, Jazmin)
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Request |
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Filed: 11/18/2020, Entered: 11/18/2020 |
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ORDER: Due to technical difficulties, the conference set for November 18, 2020 is adjourned to December 3, 2020 at 9:30 AM. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; The access code is 7215690.Ordered by Judge Sandra J. Feuerstein on 11/18/2020. (Schiraldi, Patricia)
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Filed: 11/9/2020, Entered: 11/9/2020 |
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ORDER granting 69 Motion to Withdraw as Attorney: Attorney Michael Paul Siravo terminated. So Ordered by Magistrate Judge Anne Y. Shields on 11/9/2020. (Minerva, Deanna)
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| 69 |
Filed: 11/6/2020, Entered: 11/6/2020 |
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Letter MOTION to Withdraw as Attorney by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department. (Preston, Andrew)
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Request |
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| 68 |
Filed: 10/30/2020, Entered: 10/30/2020 |
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MEMORANDUM OF DECISION & ORDER granting in part and denying in part 43 Motion for Summary Judgment: For the foregoing reasons, the Court grants the Defendants Rule 56 motion in part and denies it in part. The Court grants the motion as to the Plaintiffs claims for false arrest, excessive force concerning exposure to cold weather, negligence, and municipal liability. It denies the motion with regard to the excessive force clam surrounding the Plaintiffs removal from the car, and the assault and battery claim. In addition, the Court holds that the Defendant officers are not entitled to qualified immunity. Further, the Court dismisses the action as to Defendants the Village of Freeport and the Village of Freeport Police Department. The Clerk of the Court is respectfully directed to amend the caption in accordance with this order. The Court further authorizes the parties to reopen discovery for the limited purpose of deposing Smith. The Court orders the parties to confer and agree on a date for the deposition. The parties must submit a deposition schedule within thirty (30) days of the entry of this Order. If no agreement can be reached by that time the Defendants may subpoena Smith for a deposition. Finally, the telephone status conference scheduled for November 18, 2020 is adjourned to January 14, 2021, at 11:00 a.m. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. So Ordered by Judge Sandra J. Feuerstein on 10/30/2020. (Cubano, Jazmin)
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Published at |
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Filed: 9/21/2020, Entered: 9/21/2020 |
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Electronic ORDER: The status conference scheduled for 10/1/20 is converted to a telephone conference and adjourned to 11/18/20 at 10:30 a.m. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions. The access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 9/21/2020. (Disbrow, Sandra)
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| 67 |
Filed: 7/9/2020, Entered: 7/9/2020 |
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Letter Letter to Judge Feuerstein regarding status by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead (Preston, Andrew)
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Request |
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Filed: 7/1/2020, Entered: 7/1/2020 |
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Electronic ORDER: The parties shall file a joint Status Report and provide courtesy copies of all operative pleadings in accordance with Rule 3(C) of the undersigned's individual rules by no later than 8/3/2020. A status conference has been scheduled for 10/1/2020 at 11:15 AM in Courtroom 1010 of the Central Islip courthouse. Ordered by Judge Sandra J. Feuerstein on 7/1/2020. (Disbrow, Sandra)
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Filed: 6/30/2020, Entered: 6/30/2020 |
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Case Reassigned to Judge Sandra J. Feuerstein. Judge Arthur D. Spatt no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol)
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| 66 |
Filed: 6/18/2020, Entered: 6/18/2020 |
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AFFIDAVIT/DECLARATION in Opposition re 43 Notice of MOTION for Summary Judgment Sur Reply filed by 3D38C75. (Attachments: # 1 Exhibit A - Notice of Expert Witness, # 2 Exhibit B - Dr. Smith's Affidavit, # 3 Exhibit Attachment 1 -Dr. Smith's CV, # 4 Exhibit Attachment 2 to Dr, Smith's Affidavit) (Samuels, Violet)
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Request |
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Filed: 5/19/2020, Entered: 5/19/2020 |
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Electronic ORDER granting 63 request to file a sur-reply. The Plaintiff shall file the sur-reply within 30 days of the entry of this order. So Ordered by Judge Arthur D. Spatt on 5/19/2020. (Contino, Michael)
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| 65 |
Filed: 5/5/2020, Entered: 5/11/2020 |
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ORDER re Defendant Incorporated Village of Freeport's 64 Letter in response to Plaintiff's 63 letter for direction from the court. Defendants' oppose Plaintiff's request for a sur-reply and seek resolution of the Motion for Summary Judgment. So Ordered by Judge Arthur D. Spatt on 5/5/2020. (Coleman, Laurie)
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Request |
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| 64 |
Filed: 5/5/2020, Entered: 5/5/2020 |
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Letter in response to DE:63 by Incorporated Village of Freeport (Preston, Andrew)
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Request |
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| 63 |
Filed: 5/1/2020, Entered: 5/1/2020 |
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Letter seeking direction from the Court by 3D38C75 (Samuels, Violet)
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Request |
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Filed: 4/24/2020, Entered: 4/24/2020 |
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Electronic ORDER finding as moot 58 Motion for Extension of Time to File. The Plaintiff has subsequently moved for, and been granted, the requested relief. So Ordered by Judge Arthur D. Spatt on 4/24/2020. (Contino, Michael)
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| 62 |
Filed: 4/3/2020, Entered: 4/3/2020 |
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REPLY in Support Reply Memo of Law in further support of Defendants' Motion for Summary Judgment filed by Incorporated Village of Freeport, Kennedy, Freddy Pereira, The Village of Freeport Police Department. (Preston, Andrew)
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Request |
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| 61 |
Filed: 1/3/2020, Entered: 1/3/2020 |
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AFFIDAVIT/AFFIRMATION in opposition to the defendants'motion for summary judgment (Exhibit G was placed in the mail) by 3D38C75 (Attachments: # 1 Memorandum in Opposition, # 2 Declaration, # 3 Exhibit A - Plaintiff;s Complaint - attached to Declaration, # 4 Exhibit B - Plaintiff's 50 H Hearing - attached to the declaration, # 5 Exhibit C - Plaintiff's Deposition - attached to the declaration, # 6 Exhibit D - Akeem Lawson's deposition attached to the declaration, # 7 Exhibit E - Kiyonte Carter 's Deposition - attached to the declaration, # 8 Exhibit F - A certified copy of the climatological data for January 15-16, 2016 - attached to the declaration, # 9 Exhibit H - Plaintiff's certified medical report for January 16, 2018 attached to the declaration, # 10 Exhibit I - Nicholas Harper's and Park Slope Complete Physical Therapist's Report attached to the declaration, # 11 Exhibit J - Plaintiff's expert psychological report attached to the declaration, # 12 Exhibit K - Plaintiff's amended objection to defendant's statement of material facts attached to the declaration, # 13 Exhibit L - Plaintiff's Affidavit attached to the declaration, # 14 Exhibit M - Sgt. Barry McGovern;s deposition attached to the declaration, # 15 Exhibit N - Police Officer Vincent Kennedy's deposition attached to the declaration, # 16 Exhibit O- Police Officer Freddy Pereira's deposition attached to the declaration, # 17 Exhibit P- Krista Frank's deposition attached to the declaration, # 18 Exhibit Q - Copy of redacted policies of the Freeport Police Department attached to the declaration, # 19 Exhibit R - Plaintiff's amended counter statement of material facts attached to the declaration) (Samuels, Violet)
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Request |
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| 60 |
Filed: 1/2/2020, Entered: 1/2/2020 |
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ORDER granting 59 motion for extension of time to file the affirmation in opposition to the defendants' motion for summary judgment. So Ordered by Judge Arthur D. Spatt on 1/2/2020. (Coleman, Laurie)
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Request |
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| 59 |
Filed: 12/30/2019, Entered: 12/30/2019 |
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MOTION for Extension of Time to File the affirmation in opposition to the defendants' motion for summary judgment in the referenced case, attempts to file were unsuccessful and the hard copy was mailed and has already been delivered by 3D38C75. (Samuels, Violet)
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Request |
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| 58 |
Filed: 12/29/2019, Entered: 12/29/2019 |
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Second MOTION for Extension of Time to File because there were attempts to file which were incomplete; this letter is apprising the Honorable Judge Arthur Spatt that the Affirmation in Opposition to Defendants Summary Judgment motion could not be docketed and to request a continuance to check with the ECF Department on 12/30/2019 concerning the status of the papers by 3D38C75. (Samuels, Violet)
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Request |
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| 57 |
Filed: 12/16/2019, Entered: 12/17/2019 |
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ORDER re 56 motion for an enlargement of time to refile opposition to the 43 Motion for Summary Judgment. The Plaintiff shall file the opposition by Thursdsay, December 26, 2019. So Ordered by Judge Arthur D. Spatt on 12/16/2019. (Coleman, Laurie)
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Request |
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| 56 |
Filed: 12/14/2019, Entered: 12/14/2019 |
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Letter MOTION for Extension of Time to File OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FOLLOWING ORDER DATED DECEMBER 13, 2019 by 3D38C75. (Samuels, Violet)
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Filed: 12/13/2019, Entered: 12/13/2019 |
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Electronic ORDER denying 55 Motion for Extension of Time to File. Plaintiff's counsel does not make clear whether the Defendants have consented to the extension motion. Plaintiff's Counsel is directed to refile the motion and expressly state whether the motion is filed on consent. So Ordered by Judge Arthur D. Spatt on 12/13/2019. (Contino, Michael)
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| 55 |
Filed: 12/12/2019, Entered: 12/12/2019 |
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Letter MOTION for Extension of Time to File paper pursuant to Order dated November 16, 2019 by 3D38C75. (Samuels, Violet)
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Request |
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| 54 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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REPLY in Support Letter responding to Order by Judge Spatt dated November 16, 2019 filed by 3D38C75. (Samuels, Violet)
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Filed: 11/15/2019, Entered: 11/15/2019 |
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Electronic order terminating 43 Notice of MOTION for Summary Judgment filed by Freddy Pereira, Kennedy & Pereira, Incorporated Village of Freeport, The Village of Freeport Police Department, Town of Hempstead, Kennedy. The Plaintiff's opposition to summary judgment contains multiple exhibits that are either missing or improperly labeled, and the exhibits were submitted over multiple docket entries. The Defendants make note of this in their reply. Accordingly, the motion for summary judgment is terminated, pending the Plaintiff's refiling the opposition in a single docket entry with properly labeled exhibits. Upon the Plaintiff's refiling of the opposition, the Clerk of Court is directed to immediately restore the motion. Also upon the Plaintiff's refiling, the Defendants may file a new reply. Ordered by Judge Arthur D. Spatt on 11/15/2019. (Contino, Michael)
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| 53 |
Filed: 11/5/2019, Entered: 11/5/2019 |
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RESPONSE to Motion re 43 Notice of MOTION for Summary Judgment EXHIBIT "P" in response to Order dated November 1, 2019.by the Honorable Arthur D. Spatt filed by 3D38C75. (Attachments: # 1 Exhibit) (Samuels, Violet)
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Filed: 10/31/2019, Entered: 10/31/2019 |
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Electronic ORDER directing the Plaintiff to file an electronic copy of Exhibit P to 50 Response in Opposition. So Ordered by Judge Arthur D. Spatt on 10/31/2019. (Contino, Michael)
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Filed: 10/23/2019, Entered: 10/23/2019 |
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Electronic ORDER directing Defendants to furnish the Court with another copy of Exhibit B to 45 AFFIDAVIT/DECLARATION in Support re 43 Notice of MOTION for Summary Judgment. So Ordered by Judge Arthur D. Spatt on 10/23/2019. (Contino, Michael)
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| 52 |
Filed: 5/16/2019, Entered: 5/16/2019 |
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MEMORANDUM in Support Reply Memorandum of Law in Further Support of Defendants' Motion for Summary Judgment filed by All Defendants. (Preston, Andrew)
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Request |
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Filed: 5/8/2019, Entered: 5/8/2019 |
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ELECTRONIC ORDER: For administrative purposes, the Clerk of the Court is respectfully directed to terminate and immediately restore 43 motion for summary judgment. The parties are not required to refile their motions. Furthermore, this does not affect the parties' filing deadlines. Ordered by Judge Arthur D. Spatt on 5/8/2019. (Roberts, Joshua)
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| 51 |
Filed: 4/18/2019, Entered: 4/18/2019 |
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RESPONSE to Motion re 43 Notice of MOTION for Summary Judgment EXHIBIT K TO DECLARATION OF VIOLET E. SAMUELS filed by 3D38C75. (Attachments: # 1 Exhibit TO DECLARATION OF VIOLET SAMUELS) (Samuels, Violet)
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Request |
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| 50 |
Filed: 4/18/2019, Entered: 4/18/2019 |
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RESPONSE in Opposition re 43 Notice of MOTION for Summary Judgment filed by 3D38C75. (Attachments: # 1 Exhibit C TO DECLARATION OF VIOLET E. SAMUELS, # 2 Exhibit I TO DECLARATION OF VIOLET E. SAMUELS, # 3 Exhibit L TO DECLARATION OF VIOLET E. SAMUELS, # 4 Exhibit M TO DECLARATION OF VIOLET E. SAMUELS, # 5 Exhibit N TO DECLARATION OF VIOLET E. SAMUELS, # 6 Exhibit O TO DECLARATION OF VIOLET E. SAMUELS, # 7 Exhibit Q TO DECLARATION OF VIOLET E. SAMUELS) (Samuels, Violet)
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Request |
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| 49 |
Filed: 4/18/2019, Entered: 4/18/2019 |
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RESPONSE to Motion re 43 Notice of MOTION for Summary Judgment filed by 3D38C75. (Attachments: # 1 Exhibit H TO ATTORNEY DECLARATION, # 2 Exhibit E TO ATTORNEY DECLARATIO, # 3 Exhibit D TO ATTORNEY DECLARATIO, # 4 Exhibit B TO ATTORNEY DECLARATIO, # 5 Exhibit A TO ATTORNEY DECLARATIO) (Samuels, Violet)
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Request |
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| 48 |
Filed: 4/18/2019, Entered: 4/18/2019 |
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REPLY in Support Affirmation in opposition, RESPONSE in Opposition re 43 Notice of MOTION for Summary Judgment Table of Contents and Declaration filed by 3D38C75. (Attachments: # 1 Appendix Affirmation in opposition, # 2 Table of Contents) (Samuels, Violet)
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Request |
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Filed: 4/5/2019, Entered: 4/5/2019 |
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Email Notification Test - DO NOT REPLY (Cubano, Jazmin)
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Filed: 3/15/2019, Entered: 3/15/2019 |
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ELECTRONIC ORDER granting 47 Motion for Extension of Time to File Response/Reply re 43 Notice of MOTION for Summary Judgment . Responses due by 4/17/2019. Replies due by 5/17/2019.Ordered by Judge Arthur D. Spatt on 3/15/2019. (Roberts, Joshua)
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| 47 |
Filed: 3/14/2019, Entered: 3/14/2019 |
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First MOTION for Extension of Time to File Response/Reply to summary judgment motion by 3D38C75. (Samuels, Violet)
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Request |
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| 46 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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RULE 56.1 STATEMENT re 43 Notice of MOTION for Summary Judgment filed by All Defendants. (Preston, Andrew)
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Request |
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| 45 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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AFFIDAVIT/DECLARATION in Support re 43 Notice of MOTION for Summary Judgment filed by All Defendants. (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) (Preston, Andrew)
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Request |
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| 44 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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MEMORANDUM in Support re 43 Notice of MOTION for Summary Judgment filed by All Defendants. (Preston, Andrew)
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Request |
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| 43 |
Filed: 1/22/2019, Entered: 1/22/2019 |
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Notice of MOTION for Summary Judgment by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead. (Preston, Andrew)
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Request |
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| 42 |
Filed: 12/6/2018, Entered: 12/6/2018 |
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MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Pre-Motion Conference held on 12/6/2018. Case called. Counsel for all sides present. Pre-motion conference held. Settlement discussions held. Case not settled at this time. A briefing schedule was set for defendants to move for summary judgment. (Coleman, Laurie)
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Request |
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Filed: 10/11/2018, Entered: 10/11/2018 |
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Electronic ORDER granting 41 Motion for Pre Motion Conference. An in-person conference has been scheduled before the undersigned for 12/6/2018 at 09:00 AM in Courtroom 1020 of the Central Islip courthouse. Counsel for all parties shall appear authorized and prepared to discuss settlement at that time. Any requests to adjourn the conference date shall be made in writing on ECF and include at least three proposed alternative dates on which all sides are available. So Ordered by Judge Arthur D. Spatt on 10/11/2018. (Roberts, Joshua)
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| 41 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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Letter MOTION for pre motion conference by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead. (Attachments: # 1 Appendix) (Preston, Andrew)
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Request |
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Filed: 1/11/2018, Entered: 1/11/2018 |
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Motions terminated, docketed incorrectly: 40 Letter MOTION for Discovery status report filed by Freddy Pereira, Kennedy & Pereira, Incorporated Village of Freeport, The Village of Freeport Police Department, Town of Hempstead, Kennedy. (Torres, Jasmine)
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| 40 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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Status Letter for Discovery status report by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead. (Preston, Andrew) Modified on 1/11/2018 (Torres, Jasmine).
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Request |
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Filed: 12/19/2017, Entered: 12/19/2017 |
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Electronic ORDER denying without prejudice to renewal 37 Motion for Protective Order. Defendant may renew such motion only after conferring with Plaintiff as to whether or not Plaintiff will be calling witnesses Carter and Charles at trial. If Plaintiff will be calling the witnesses, Plaintiff's Counsel must confirm that all contact information has been turned over to Defendants. Defense Counsel must confer with Plaintiff's Counsel regarding scheduling depositions of witnesses. Parties are directed to submit a joint status letter to this Court on 1/10/18, stating whether Defendants were able to contact and depose both witnesses, whether Plaintiff has agreed not to call either witness, or whether motion practice will be necessary. So Ordered by Magistrate Judge Anne Y. Shields on 12/19/2017. (Casalini, Rosalinde)
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| 39 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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Letter relating to DE:37 by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead (Preston, Andrew)
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Request |
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| 38 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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REPLY to Response to Motion re 37 Letter MOTION for Protective Order dated December 4, 2017, RESPONSE to Motion re 37 Letter MOTION for Protective Order filed by 3D38C75. (Samuels, Violet)
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Request |
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| 37 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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Letter MOTION for Protective Order by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead. (Preston, Andrew)
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Request |
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| 36 |
Filed: 11/22/2017, Entered: 11/22/2017 |
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Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Status Conference held on 11/22/2017. The Court has so ordered a confidentiality order to be used in this case. See DE 35 . See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (FTR Log #11:21-11:33.) (Torres, Jasmine)
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Request |
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| 35 |
Filed: 11/22/2017, Entered: 11/22/2017 |
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Confidentiality ORDER So Ordered by Magistrate Judge Anne Y. Shields on 11/22/2017. (Torres, Jasmine)
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Request |
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Filed: 11/15/2017, Entered: 11/15/2017 |
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Electronic ORDER granting 33 Motion for Discovery. Counsel are directed to appear for an in person Status Conference on 11/22/2017 at 11:00 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. If counsel are unavailable on that date, they may file a motion for an adjournment, which shall include three suggested agreed upon dates for the adjournment. So Ordered by Magistrate Judge Anne Y. Shields on 11/15/2017. (Casalini, Rosalinde)
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| 34 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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RESPONSE to Motion re 33 Letter MOTION for Discovery Status Conference by counsel for defendants dated November 6, 2017 filed by 3D38C75. (Samuels, Violet)
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Request |
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| 33 |
Filed: 11/6/2017, Entered: 11/6/2017 |
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Letter MOTION for Discovery Status Conference by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead. (Preston, Andrew)
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Request |
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Filed: 10/12/2017, Entered: 10/12/2017 |
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Electronic ORDER: Pursuant to a telephone conference held in Chambers, parties are directed to confer and agree on a date to depose the third party witness. If no agreement can be reached, Defense Counsel may subpoena the third party witness for a new date. So Ordered by Magistrate Judge Anne Y. Shields on 10/12/2017. (Casalini, Rosalinde)
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| 32 |
Filed: 8/30/2017, Entered: 8/31/2017 |
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Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Status Conference held on 8/30/2017. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (FTR Log #11:15-11:24.) (Torres, Jasmine)
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Request |
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Filed: 8/14/2017, Entered: 8/14/2017 |
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ORDER granting 31 Motion to Adjourn Conference. Upon request and consent of counsel the conference in this matter is hereby adjourned to August 30, 2017 at 11:00 A.M. So Ordered by Magistrate Judge Anne Y. Shields on 8/14/2017. (Shields, Anne)
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| 31 |
Filed: 8/11/2017, Entered: 8/11/2017 |
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First MOTION to Adjourn Conference scheduled for August 16, 2017 at 11:00 am by 3D38C75. (Samuels, Violet)
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Request |
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Filed: 7/11/2017, Entered: 7/11/2017 |
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CASE REOPENED, see Electronic Order of Judge Arthur D. Spatt dated 7/11/2017. (Coleman, Laurie)
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Filed: 7/11/2017, Entered: 7/11/2017 |
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Electronic ORDER re 30 Letter filed by Defendants. In view of the Defendants' representations regarding the status of the proposed settlement, the Clerk of the Court is respectfully directed to reopen this case. So Ordered by Judge Arthur D. Spatt on 7/11/2017. (Bagnuola, Anthony)
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Filed: 7/6/2017, Entered: 7/6/2017 |
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Electronic ORDER re 30 : As the case has not settled, counsel are directed to appear for a status conference on 8/16/2017 11:00 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. So Ordered by Magistrate Judge Anne Y. Shields on 7/6/2017. (Casalini, Rosalinde)
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| 30 |
Filed: 7/3/2017, Entered: 7/3/2017 |
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Letter by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead (Preston, Andrew)
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Request |
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Filed: 6/27/2017, Entered: 6/27/2017 |
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Incorrect Case/Document/Entry Information. At the direction of Chambers, the #30 Settlement Agreement & General Release has been deleted from the above-referenced case as it was filed in error. (Coleman, Laurie)
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| 29 |
Filed: 6/15/2017, Entered: 6/15/2017 |
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ORDER DISMISSING CASE re 28 Settlement Conference. Case closed subject to the terms of the Settlement Agreement and the Board's approval of the Settlement Agreement. Ordered by Judge Arthur D. Spatt on 6/15/2017. (Coleman, Laurie)
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Request |
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| 28 |
Filed: 6/14/2017, Entered: 6/14/2017 |
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Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Settlement Conference held on 6/14/2017. The case settled. Although the parties reached a settlement, such settlement is subject to the board's approval.Defendant will draft a settlement agreement and produce it to Plaintiff by 6/21/17.Parties shall file the stipulation of discontinuance with the District Judge by 7/14/17.So Ordered by Magistrate Judge Anne Y. Shields. (Tape #2:19-2:29, 4:24-4:26.) (Torres, Jasmine)
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Request |
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| 27 |
Filed: 6/9/2017, Entered: 6/9/2017 |
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SETTLEMENT AGREEMENT /STATEMENT FOR JUNE 14, 2017 CONFERENCE by 3D38C75 (Attachments: # 1 Sealing Cover Sheet) (Samuels, Violet)
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Request |
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Filed: 6/7/2017, Entered: 6/7/2017 |
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(Preston, Andrew) (Incomplete docket entry, attorney filer only selected utility event and did not select a primary event).
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Filed: 5/15/2017, Entered: 5/15/2017 |
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Electronic ORDER granting 25 Motion to Adjourn Conference. The settlement conference scheduled for May 19, 2017 has been adjourned to June 14, 2017 at 2:00pm. The Defendants' request, made upon consent, for a two week extension of time to respond to Plaintiff's settlement demand is granted. If the exchange of the settlement demand and offer results in agreement that a settlement conference would not be fruitful, counsel are to so advise this court by May 26, 2017 and the June 14, 2017 settlement conference will be cancelled. If the parties agree, after the exchange of the settlement demand and offer, that a settlement conference will be fruitful, the June 14, 2017 settlement conference will go forward and the parties shall submit their sealed settlement statements to this court, in accord with the rules pertaining thereto, by June 9, 2017. So Ordered by Magistrate Judge Anne Y. Shields on 5/15/2017. (Casalini, Rosalinde)
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| 25 |
Filed: 5/12/2017, Entered: 5/12/2017 |
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Letter MOTION to Adjourn Conference by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department, Town of Hempstead. (Preston, Andrew)
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Request |
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Filed: 4/15/2017, Entered: 4/15/2017 |
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Settlement Conference set for 5/19/2017 02:00 PM in Courtroom 830 before Magistrate Judge Anne Y. Shields. Plaintiff shall provide Defendants with a settlement demand on or before May 5, 2017. Defendant shall respond to that demand by May 10, 2017. If the exchange of the settlement demand and offer results in agreement that a settlement conference would not be fruitful, counsel are to so advise this court by May 12, 2017 and the May 19, 2017 settlement conference will be cancelled. If the parties agree, after the exchange of the settlement demand and offer, that a settlement conference will be fruitful, the May 19, 2017 settlement conference will go forward and the parties shall submit their sealed settlement statements to this court, in accord with the rules pertaining thereto, by May 17, 2017. As to the remainder of discovery herein, the Court enters the additional following order. Plaintiffs post-deposition demands are to be served by April 21, 2017. Plaintiff shall also advise Defendant on that date as to whether Plaintiff intends to take one additional deposition. All other depositions are to be completed by June 15, 2017. All discovery is to be complete by July 16, 2017. So Ordered by Magistrate Judge Anne Y. Shields on 4/15/2017. (Shields, Anne)
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| 24 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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STATUS REPORT Pursuant to Your Honor's Order dated March 16, 2017 by 3D38C75 (Samuels, Violet)
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Request |
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| 23 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Telephone Conference held on 3/16/2017. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (Tape #11:45-11:55.) (Torres, Jasmine)
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Request |
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| 22 |
Filed: 3/6/2017, Entered: 3/7/2017 |
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Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Status Conference held on 3/6/2017. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (Torres, Jasmine)
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Request |
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| |
Filed: 1/13/2017, Entered: 1/13/2017 |
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SCHEDULING ORDER re 21 : The proposed discovery plan 21 is so Ordered. Further, the final date for parties to submit a joint pretrial order is 6/1/17. So Ordered by Magistrate Judge Anne Y. Shields on 1/13/2017. (Casalini, Rosalinde)
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| 21 |
Filed: 1/12/2017, Entered: 1/12/2017 |
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Proposed Scheduling Order by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department (Preston, Andrew)
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Request |
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Filed: 1/6/2017, Entered: 1/6/2017 |
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Electronic ORDER granting 20 Motion for Extension of Time to Complete Discovery. The request to extend fact discovery until 2/28/17 is granted. Counsel are directed to submit an updated discovery schedule for this Court's review by 1/12/17. Counsel are further directed to appear for an in person status conference on 3/6/17 at 11:00am. So Ordered by Magistrate Judge Anne Y. Shields on 1/6/2017. (Casalini, Rosalinde)
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| 20 |
Filed: 12/28/2016, Entered: 12/28/2016 |
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Letter MOTION for Extension of Time to Complete Discovery by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira. (Preston, Andrew)
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Request |
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| 19 |
Filed: 7/18/2016, Entered: 7/21/2016 |
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Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 7/18/2016. The attached discovery order is So Ordered. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (Tape #10:59-11:10.) (Attachments: # 1 Discovery Plan Worksheet) (Torres, Jasmine)
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Request |
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Filed: 7/10/2016, Entered: 7/10/2016 |
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ORDER granting 18 Motion to Adjourn Conference. The initial conference scheduled for July 14, 2016, is hereby adjourned and rescheduled, upon request and consent of the parties, to July 18, 2016 at 10:30 A.M. So Ordered by Magistrate Judge Anne Y. Shields on 7/10/2016. (Shields, Anne)
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| 18 |
Filed: 7/9/2016, Entered: 7/9/2016 |
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First MOTION to Adjourn Conference scheduled for July 14, 2016 at 10:30 am by 3D38C75. (Samuels, Violet)
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Request |
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| 17 |
Filed: 7/8/2016, Entered: 7/8/2016 |
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ORDER re 16 Stipulation - The above-captioned action is voluntarily dismissed, without prejudice and without costs to any party against the defendant Town of Hempstead only pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). The Clerk of the Court is respectfully directed to amend the official caption to reflect the partial dismissal. Party Town of Hempstead terminated. So Ordered by Judge Arthur D. Spatt on 7/8/16. c/ecf. (Coleman, Laurie)
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Request |
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| 16 |
Filed: 7/7/2016, Entered: 7/7/2016 |
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STIPULATION of Dismissal as to the Town of Hempstead only by 3D38C75 (Samuels, Violet)
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Request |
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| 15 |
Filed: 6/24/2016, Entered: 6/24/2016 |
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MOTION to Dismiss by Town of Hempstead. (Ryan, Maeve)
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Request |
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Filed: 6/22/2016, Entered: 6/22/2016 |
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Electronic ORDER Denying without Prejudice 14 Stipulation of Dismissal. Pursuant to its Individual Rule II(C), the Court directs counsel to submit a revised Stipulation, which includes an amended caption to reflect the partial dismissal. So Ordered by Judge Arthur D. Spatt on 6/22/2016.
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| 14 |
Filed: 6/21/2016, Entered: 6/21/2016 |
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STIPULATION of Dismissal as to the Town Of Hempstead only by 3D38C75 (Samuels, Violet)
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Request |
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| 13 |
Filed: 6/10/2016, Entered: 6/10/2016 |
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ORDER: Initial Conference set for 7/14/2016 in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. Ordered by Magistrate Judge Anne Y. Shields on 6/10/2016. (Attachments: # 1 AYS Rules) (Torres, Jasmine)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 12 |
Filed: 6/2/2016, Entered: 6/2/2016 |
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Verified ANSWER to Complaint by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department. (Preston, Andrew)
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Request |
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| 11 |
Filed: 5/25/2016, Entered: 5/25/2016 |
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NOTICE of Appearance by Maeve Ryan on behalf of Town of Hempstead (notification declined or already on case) (Ryan, Maeve)
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Request |
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| 10 |
Filed: 5/24/2016, Entered: 5/24/2016 |
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SUMMONS Returned Executed by 3D38C75. Kennedy & Pereira served on 5/16/2016, answer due 6/6/2016. (Samuels, Violet)
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Request |
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| 9 |
Filed: 5/23/2016, Entered: 5/23/2016 |
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SUMMONS Returned Executed by 3D38C75. Kennedy served on 5/16/2016, answer due 6/6/2016. (Samuels, Violet)
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Request |
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| 8 |
Filed: 5/23/2016, Entered: 5/23/2016 |
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SUMMONS Returned Executed by 3D38C75. The Village of Freeport Police Department served on 5/16/2016, answer due 6/6/2016. (Samuels, Violet)
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Request |
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| 7 |
Filed: 5/23/2016, Entered: 5/23/2016 |
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SUMMONS Returned Executed by 3D38C75. Freddy Pereira served on 5/16/2016, answer due 6/6/2016. (Samuels, Violet)
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Request |
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| 6 |
Filed: 5/19/2016, Entered: 5/19/2016 |
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NOTICE of Appearance by Andrew Kenneth Preston on behalf of Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department (notification declined or already on case) (Preston, Andrew)
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Request |
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| 5 |
Filed: 5/18/2016, Entered: 5/18/2016 |
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NOTICE of Appearance by Violet Elizabeth Samuels on behalf of 3D38C75 (notification declined or already on case) (Samuels, Violet)
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Request |
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| 4 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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NOTICE of Appearance by Michael Paul Siravo on behalf of Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department (aty to be noticed) (Siravo, Michael)
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Request |
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Filed: 5/13/2016, Entered: 5/13/2016 |
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CIVIL CASE FILING FEE: $ 400, receipt number 0207-8608856 (Preston, Andrew)
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| 3 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen)
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Request |
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Filed: 5/13/2016, Entered: 5/13/2016 |
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Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
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| 2 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
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Request |
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Filed: 5/13/2016, Entered: 5/13/2016 |
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The case of 3D38C75 v. Town of Hempstead et al., has been opened in the Eastern District of New York. The case number is 16-cv-02442. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Flanagan, Doreen)
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| 1 |
Filed: 5/13/2016, Entered: 5/13/2016 |
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NOTICE OF REMOVAL by Incorporated Village of Freeport, Kennedy, Kennedy & Pereira, Freddy Pereira, The Village of Freeport Police Department from Supreme Court of the State of NY, County of Nassau, case number 2016-001739. Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet) (Flanagan, Doreen)
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Request |
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