Finucane v. The County of Nassau et al

Federal Civil Lawsuit New York Eastern District Court, Case No. 2:17-cv-01336
Magistrate Judge Gary R. Brown, presiding
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Magistrate Judge Gary R. Brown
Last Updated July 29, 2025 at 9:30 AM EDT (4.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [70768AF], Plaintiff

Represented by Abrams Fensterman Fensterman Eisman Formato Ferrara Wolf &Ca

Name Phone Fax E-Mail
Space Amy Beth Marion amarion@abramslaw.com

Represented by Barket Epstein Kearon Aldea & LoTurco, LLP

Name Phone Fax E-Mail
Space Alexander R. Klein aklein@barketepstein.com
v.
No Logo Incorporated Village of Hempstead, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space William J. Garry

Represented by Bee Ready Fishbein Hatter & Donovon LLP

Name Phone Fax E-Mail
Space Peter A. Bee PBee@BeeReadyLaw.Com

Represented by Bee, Ready, Fishbein, Hatter & Donovan, L.L.P.

Name Phone Fax E-Mail
Space Andrew Kenneth Preston +1 516 746 5599
Space Michael Paul Siravo +1 516 746 5599 +1 516 746 1045 msiravo@beereadylaw.com

Represented by Law Offices of Cherice P. Vanderhall, P.C.

Name Phone Fax E-Mail
Space Cherice Patrice Vanderhall cpvanderhall@hotmail.com

Represented by Port Authority of New York and New Jersey

Name Phone Fax E-Mail
Space Sandy Milord smilord03@gmail.com
No Logo Police Officer Gregory Fagan, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter A. Bee
Space William J. Garry
Space Sandy Milord
Space Andrew Kenneth Preston
Space Michael Paul Siravo
Space Cherice Patrice Vanderhall cpvanderhall@hotmail.com
No Logo The County of Nassau, Defendant

Represented by Nassau County Attorney's Office

Name Phone Fax E-Mail
Space Andrew Reginald Scott +1 516 571 3056 +1 516 571 3058 ascott@nassaucountyny.gov
No Logo Unidentified Incorporated Village of Hempstead Police Officers, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter A. Bee
Space William J. Garry
Space Sandy Milord
Space Andrew Kenneth Preston
Space Michael Paul Siravo
Space Cherice Patrice Vanderhall cpvanderhall@hotmail.com
No Logo Unidentified Nassau County Police Officers, Defendant
Other Parties
No Logo Anonymized Party [EF89665], Mediator
Attributes
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Case Status open
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
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Blank  Filed: 5/13/2021, Entered: 5/13/2021
ORDER: Upon review the Proposed Pretrial Order 50 substantially complies with District Judge Brown's Individual Rules and is approved for filling. Accordingly, the matter is returned to the District Court for final resolution.Ordered by Magistrate Judge Arlene R. Lindsay on 5/13/2021. c/ecf (Imrie, Robert)
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Blank  Filed: 10/23/2020, Entered: 10/23/2020
ORDER re 50 Proposed Pretrial Order filed by 70768AF is referred to the assigned Magistrate Judge for review and approval. Ordered by Judge Gary R. Brown on 10/23/2020. (McMorrow, Karen)
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Legal Document (Payment Possibly Required) 50 Filed: 10/15/2020, Entered: 10/15/2020
Proposed Pretrial Order Proposed Joint Pretrial Order by 70768AF (Klein, Alexander)
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Blank  Filed: 9/16/2020, Entered: 9/16/2020
ORDER granting 49 Motion for Extension of Time to File. Application granted. Ordered by Judge Gary R. Brown on 9/16/2020. c/ecf (Johnston, Linda)
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Legal Document (Payment Possibly Required) 49 Filed: 9/15/2020, Entered: 9/15/2020
Letter MOTION for Extension of Time to File Joint Pretrial Order by 70768AF. (Klein, Alexander)
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Blank  Filed: 9/14/2020, Entered: 9/14/2020
ORDER re 48 : The request to extend the time to submit the proposed joint pretrial order is denied with leave to renew. The renewed application must be made to District Judge Brown, who established the deadline during the May, 7, 2020 conference. Ordered by Magistrate Judge Arlene R. Lindsay on 9/14/2020. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 48 Filed: 9/11/2020, Entered: 9/11/2020
Letter MOTION for Extension of Time to File Joint Pretrial Order by 70768AF. (Klein, Alexander)
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Blank  Filed: 5/12/2020, Entered: 5/12/2020
ORDER: The May 21, 2020 conference is canceled. Given District Judge Brown's May 7, 2020, ruling, as directed the parties are to submit the proposed joint pretrial order by September 15, 2020. The matter will be returned to the District Court upon receipt. Ordered by Magistrate Judge Arlene R. Lindsay on 5/12/2020. c/ecf (Imrie, Robert) Modified on 5/13/2020 (Imrie, Robert).
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Legal Document (Payment Possibly Required) 47 Filed: 5/7/2020, Entered: 5/8/2020 Court Filing
Minute Order for proceedings held on 5/7/2020 before Judge Gary R. Brown: Civil Cause for Telephone Pre Motion Conference. Counsel for Plaintiff: Alexander R. Klein. Counsel for Defendant: William J. Garry. FTR #: 2:00-2:31, AT&T Conference. Motion for: Summary Judgment. Movant: Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. Case called. Counsel for all sides present. Pre motion conference held. Motion argued. The Court deems the motion made. The motion is granted as to the Monell claims against the Village. The motion is denied in all other claims. Joint pretrial order due by 9/15/2020, plaintiff's IME completed within 60 days. (Tirado, Chelsea)
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Blank  Filed: 5/7/2020, Entered: 5/8/2020
Oral MOTION for Summary Judgment by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Tirado, Chelsea)
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Blank  Filed: 4/28/2020, Entered: 4/28/2020
SCHEDULING ORDER:The pre-motion conference scheduled for May 7, 2020 at 2:00 p.m. before Judge Gary R. Brown IS CONVERTED TO A TELECONFERENCE FOR THE SAME TIME at which time the parties should be prepared to address defendants' anticipated summary judgment motion pursuant to Rule 56 of the Federal Rules of Civil Procedure. Counsel are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time.The parties are on notice that in appropriate cases, the pre-motion letter and response, along with counsels' arguments made at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. Ordered by Judge Gary R. Brown on 4/28/2020.c/ecf (Johnston, Linda) Modified on 5/6/2020 (McMorrow, Karen).
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Blank  Filed: 4/10/2020, Entered: 4/10/2020
ORDER: Given the pre-motion conference scheduled for May 7, 2020 before District Judge Brown, the April 14, 2020, final conference is adjourned to May 21, 2020 at 2:00 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before May 20, 2020. Ordered by Magistrate Judge Arlene R. Lindsay on 4/10/2020. c/ecf (Imrie, Robert)
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Blank  Filed: 4/9/2020, Entered: 4/9/2020
ORDER granting 46 Motion to Amend/Correct/Supplement. The Clerk of the Court is respectfully directed to terminate the appearance by the County of Nassau and remove any email listed from the docket relating to The Office of the County Attorney, County of Nassau. Ordered by Judge Gary R. Brown on 4/9/2020.c/ecf (Johnston, Linda)
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Legal Document (Payment Possibly Required) 46 Filed: 4/8/2020, Entered: 4/8/2020
First MOTION to Amend/Correct/Supplement 25 Order on Motion to Dismiss for Failure to State a Claim,,, Add and Terminate Parties,, to terminate appearance by The County of Nassau. (Scott, Andrew)
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Legal Document (Payment Possibly Required) 45 Filed: 4/8/2020, Entered: 4/8/2020
RULE 56.1 STATEMENT Response to Defendants' Pre-Motion Letter filed by 70768AF. (Attachments: # 1 Response to Rule 56.1 Statement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Klein, Alexander)
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Blank  Filed: 3/30/2020, Entered: 3/30/2020
ORDER granting 43 Motion for Pre Motion Conference. A pre-motion conference has been scheduled for May 7, 2020 at 2:00 p.m. before the undersigned in Courtroom 840 of the Central Islip Courthouse at which time the parties should be prepared to address defendants' anticipated motion pursuant to Rule 56 of the Federal Rules of Civil Procedure. The parties are on notice that in appropriate cases, the pre-motion letter, along with counsel's argument at the pre-motion conference, may be construed at the discretion of the Court as the motion itself. See In re Best Payphones, Inc. , 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary. Plaintiff is directed to respond to DE 43 by April 10, 2020 as well as submit a Rule 56.1 Response as per the Court's individual rules. See Rule II.f.(Within fifteen (15) days of the filing of the Local Civil Rule56.1 Statement and the pre-motion conference letter, the party opposingsummary judgment shall file a Local Civil Rule 56.1 Response containingevidentiary citations. The non-moving partys failure to comply may constitute grounds in the striking the Local Civil Rule 56.1 Response,deeming matters admitted and/or granting the summary judgment motion). Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. Ordered by Judge Gary R. Brown on 3/30/2020. c/ecf (Johnston, Linda)
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Blank  Filed: 3/27/2020, Entered: 3/27/2020
ORDER: The Electronic Order dated 3/24/2020 is hereby vacated and the Clerk of the Court is respectfully directed to note that the Order is vacated on the docket sheet and re-open DE 43 . Ordered by Judge Gary R. Brown on 3/27/2020.c/ecf (Johnston, Linda)
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Legal Document (Payment Possibly Required) 44 Filed: 3/26/2020, Entered: 3/26/2020
Proposed Scheduling Order by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers (Garry, William)
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Blank  Filed: 3/24/2020, Entered: 3/24/2020
VACATED pursuant to 3/27/2020 Electronic Order of Judge Brown. This entry has been modified on 3/30/2020 to indicate order has been vacated: ELECTRONIC ORDER re 43 Motion for Pre Motion Conference. The pre-motion conference is hereby waived. The parties are directed to meet and confer, and counsel for the Village defendants shall submit the joint proposed briefing schedule by April 24, 2020. Counsel for the Village defendants is directed to serve a copy of this electronic order upon pro se plaintiff and file proof of service forthwith. Ordered by Judge Gary R. Brown on 3/24/2020. C/ECF (Johnston, Linda) Modified on 3/30/2020 (Tirado, Chelsea).
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Legal Document (Payment Possibly Required) 43 Filed: 3/23/2020, Entered: 3/23/2020
Letter MOTION for pre motion conference re Scheduling Order,, by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Attachments: # 1 Rule 56.1 Statement) (Garry, William)
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Blank  Filed: 1/23/2020, Entered: 1/23/2020
Case reassigned to Judge Gary R. Brown. 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. (Russo, Eric)
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Blank  Filed: 1/13/2020, Entered: 1/13/2020
ORDER: In light of District Judge Spatts order dated January 6, 2020, the January 16, 2020 final conference is adjourned to April 14, 2020 at 2:00 p.m. As indicated in Judge Spatts order, all discovery is to be concluded by March 17, 2020. Any party planning on making a dispositive motion must take the first step in the motion process by march 31, 2020. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party on, or before April 13, 2020. Ordered by Magistrate Judge Arlene R. Lindsay on 1/13/2020. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 42 Filed: 1/6/2020, Entered: 1/6/2020 Court Filing
ORDER granting 41 motion for an extension of the discovery deadline from 12/18/2019 to 3/17/2020. So Ordered by Judge Arthur D. Spatt on 1/6/2020. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 41 Filed: 1/3/2020, Entered: 1/3/2020
Letter MOTION for Extension of Time to Complete Discovery by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Garry, William)
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Blank  Filed: 10/16/2019, Entered: 10/16/2019
ORDER: Given Judge Spatts order dated September 13, 2019, the final conference scheduled for October 17, 2019 is adjourned to January 16, 2020 at 2:00 p.m. As indicated in Judge Spatts order, all discovery, inclusive of expert discovery, to be concluded by December 18, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by January 3, 2020. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party on, or before January 16, 2020. Ordered by Magistrate Judge Arlene R. Lindsay on 10/16/2019. c/ecf (Imrie, Robert)
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Blank  Filed: 10/11/2019, Entered: 10/11/2019
ORDER: Due to a change in the Court's calendar, the time of the October 17, 2019 final conference is advanced to 1:30 p.m. Ordered by Magistrate Judge Arlene R. Lindsay on 10/11/2019. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 40 Filed: 9/14/2019, Entered: 9/16/2019 Court Filing
ORDER granting 35 Motion to Substitute Attorney. The law office of Harris Beach PLLC, is hereby substituted in the place and stead of Bee Ready Fishbein, Hatter & Donovan LLP, the attorneys of record for Defendants Incorporated Village of Hempstead, Incorporated Village of Hempstead Police Officer Gregory Fagan. Shield,# 1244, and Unidentified Incorporated Village of Hempstead Police Officers. Attorneys Michael Paul Siravo; Peter A. Bee and Andrew Kenneth Preston terminated. So Ordered by Judge Arthur D. Spatt on 9/14/2019. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 39 Filed: 9/13/2019, Entered: 9/13/2019 Court Filing
ORDER granting 38 motion for an extension of the discovery deadline from 9/18/2019 to 12/18/2019. So Ordered by Judge Arthur D. Spatt on 9/13/2019. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 38 Filed: 9/12/2019, Entered: 9/12/2019
Letter MOTION for Extension of Time to Complete Discovery by Gregory Fagan, Incorporated Village of Hempstead. (Garry, William)
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Legal Document (Payment Possibly Required) 37 Filed: 8/16/2019, Entered: 8/16/2019
NOTICE of Appearance by Cherice Patrice Vanderhall on behalf of Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers (aty to be noticed) (Vanderhall, Cherice)
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Legal Document (Payment Possibly Required) 36 Filed: 8/15/2019, Entered: 8/15/2019
NOTICE of Appearance by Sandy Milord on behalf of Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers (aty to be noticed) (Milord, Sandy)
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Legal Document (Payment Possibly Required) 35 Filed: 8/2/2019, Entered: 8/2/2019
Notice of MOTION to Substitute Attorney by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Garry, William)
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Legal Document (Payment Possibly Required) 34 Filed: 6/4/2019, Entered: 6/4/2019 Court Filing
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay conference held on 6/4/2019. Discovery is not complete. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by September 18, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by October 2, 2019. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party on, or before October 16, 2019. A final conference is scheduled for October 17, 2019 at 2:00 p.m. No further extensions of the discovery deadline will be provided. c/ecf (Imrie, Robert) Modified on 6/4/2019 to correct a typographical error (Imrie, Robert). (Main Document 34 replaced on 6/4/2019) (Imrie, Robert).
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Blank  Filed: 5/21/2019, Entered: 5/21/2019
ORDER: Due to a change in the Court's calendar the May 22, 2019 conference is adjourned to June 4, 2019 at 2:00 p.m. Ordered by Magistrate Judge Arlene R. Lindsay on 5/21/2019. c/ecf (Imrie, Robert)
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Blank  Filed: 2/19/2019, Entered: 2/19/2019
ORDER re 33 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by April 22, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by May 8, 2019. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before May 21, 2019. The April 4, 2019 final conference is adjourned to May 22, 2019 at 12:00 p.m. Ordered by Magistrate Judge Arlene R. Lindsay on 2/19/2019. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 33 Filed: 2/15/2019, Entered: 2/15/2019
Letter MOTION for Extension of Time to Complete Discovery by 70768AF. (Klein, Alexander)
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Legal Document (Payment Possibly Required) 32 Filed: 8/23/2018, Entered: 8/23/2018 Court Filing
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay: Status Conference held on 8/23/2018. The scheduling order is modified as follows: The Deadline for commencement of motion practice for joinder of additional parties or amendment of pleadings is January 21, 2019. All discovery, inclusive of expert discovery, to be concluded by February 21, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by March 31, 2019. A final conference is scheduled for April 4, 2019 at 12:00 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. c/ecf (Imrie, Robert)
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Blank  Filed: 8/6/2018, Entered: 8/6/2018
ORDER granting 31 Motion to Adjourn Conference. The telephone conference scheduled for August 8, 2018 is hereby adjourned until August 23, 2018 at 2:00 p.m. The Court will initiate the conference. The call in instructions are as follows: The dial in number is (888) 684-8852. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 8/6/2018. (Jacobwitz, Beth)
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Legal Document (Payment Possibly Required) 31 Filed: 8/3/2018, Entered: 8/3/2018
Letter MOTION to Adjourn Conference Request to Adjourn Telephone Status Conference by 70768AF. (Klein, Alexander)
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Blank  Filed: 7/23/2018, Entered: 7/23/2018
Document 29 terminated. (Imrie, Robert)
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Blank  Filed: 7/23/2018, Entered: 7/23/2018
ORDER: A telephone status conference is scheduled for August 8, 2018 at 1:30 p.m. The Court will initiate the conference. The call in instructions are as follows: The dial in number is (888) 684-8852. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 7/23/2018. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 30 Filed: 2/2/2018, Entered: 2/2/2018
Proposed Scheduling Order by 70768AF (Attachments: # 1 Proposed Order) (Marion, Amy)
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Legal Document (Payment Possibly Required) 29 Filed: 12/8/2017, Entered: 12/8/2017
Letter Motion to Appear by Telephone by Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Preston, Andrew)
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Blank  Filed: 10/17/2017, Entered: 10/17/2017
REPORT of Mediation unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Mediation Report Questionnaires due by 10/31/2017. (Weinstein, Robyn)
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Blank  Filed: 8/9/2017, Entered: 8/9/2017
SELECTION OF MEDIATOR EF89665 selected as Mediator. The first mediation session will take place on September 15, 2017 at 10:00am. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 9/29/2017. (Weinstein, Robyn)
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Blank  Filed: 7/7/2017, Entered: 7/7/2017
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn)
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Legal Document (Payment Possibly Required) 28 Filed: 7/5/2017, Entered: 7/6/2017 Court Filing
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay: Conference held on 7/5/2017. The matter is referred to mediation. Parties to advise the Court of outcome. In the interim, discovery is stayed with the exception of documents needed to mediate the dispute. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 27 Filed: 6/22/2017, Entered: 6/22/2017 Court Filing
SCHEDULING ORDER: Final Pretrial Conference set for February 6, 2018 at 11:30 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 6/22/2017. c/ecf (Imrie, Robert)
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Blank  Filed: 6/22/2017, Entered: 6/22/2017
ORDER re 26 : The parties have agreed to the dates set forth in the proposed scheduling order. Accordingly, the conference scheduled for July 5, 2017 at 1:50 p.m. is converted into a telephone conference. Counsel for the plaintiff is directed to initiate the call and once all parties are on the line, chambers may be contacted at (631) 712-5730. The scheduling order will be entered by the court. Ordered by Magistrate Judge Arlene R. Lindsay on 6/22/2017. c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 26 Filed: 6/21/2017, Entered: 6/21/2017
Letter Motion to Appear by Telephone by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Preston, Andrew)
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Legal Document (Payment Possibly Required) 25 Filed: 6/10/2017, Entered: 6/12/2017 Court Filing
ORDER re 23 Stipulation and Order of Dismissal as to County of Nassau. The Clerk of the Court is respectfully directed to: (1) terminate this action as against the County of Nassau and Unidentified Nassau County Police Officers; (2) amend the official caption of this matter as set forth above; and (3) terminate as moot the pending motion to dismiss, DE 15 , by the County. So Ordered by Judge Arthur D. Spatt on 6/10/2017. Finding as moot 15 Motion to Dismiss for Failure to State a Claim; The County of Nassau and Unidentified Nassau County Police Officers terminated. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 24 Filed: 6/8/2017, Entered: 6/8/2017 Court Filing
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 6/8/2017. (Attachments: # 1 Proposed Scheduling Order) c/ecf (Imrie, Robert)
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Legal Document (Payment Possibly Required) 23 Filed: 6/6/2017, Entered: 6/6/2017
STIPULATION of Dismissal as to Nassau County by 70768AF (Attachments: # 1 Proposed Amended Caption) (Marion, Amy)
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Legal Document (Payment Possibly Required) 22 Filed: 6/6/2017, Entered: 6/6/2017 Court Filing
ORDER re 21 Stipulation and Order of Dismissal as to County of Nassau. This stipulation is rejected for failure to comply with the Court's Individual Rule 11(C). The parties may renew this application upon submitting a proposed amended caption. Ordered by Judge Arthur D. Spatt on 6/6/2017. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 21 Filed: 6/5/2017, Entered: 6/5/2017
STIPULATION of Dismissal as to Nassau County by 70768AF (Marion, Amy)
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Legal Document (Payment Possibly Required) 20 Filed: 6/2/2017, Entered: 6/2/2017 Court Filing
ORDER re 19 Notice of Consent to Change Attorney. The law office of Bee Ready Fishbein Hatter & Donovan is hereby substituted in the place and stead of Harris Beach PLLC, as the attorneys of record for Defendants Incorporated Village of Hempstead, Incorporate Village of Hempstead Police officer Gregory Fagan, Shield #1244, and Unidentified Incorporated Village of Hempstead Police Officers. The Clerk of the Court is directed to note the substitution of defense counsel. So Ordered by Judge Arthur D. Spatt on 6/2/2017. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 19 Filed: 6/1/2017, Entered: 6/1/2017
NOTICE of Consent to Change Attorney by Andrew Kenneth Preston (Preston, Andrew)
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Legal Document (Payment Possibly Required) 18 Filed: 5/31/2017, Entered: 5/31/2017
Letter Withdrawing Claims Against County of Nassau by 70768AF (Marion, Amy)
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Legal Document (Payment Possibly Required) 17 Filed: 5/17/2017, Entered: 5/17/2017
MEMORANDUM in Support re 15 Motion to Dismiss for Failure to State a Claim filed by The County of Nassau. (Scott, Andrew)
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Legal Document (Payment Possibly Required) 16 Filed: 5/17/2017, Entered: 5/17/2017
AFFIDAVIT/DECLARATION in Support re 15 Motion to Dismiss for Failure to State a Claim filed by The County of Nassau. (Attachments: # 1 Exhibit Complaint) (Scott, Andrew)
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Legal Document (Payment Possibly Required) 15 Filed: 5/17/2017, Entered: 5/17/2017
Motion to Dismiss for Failure to State a Claim by The County of Nassau. (Scott, Andrew)
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Legal Document (Payment Possibly Required) 14 Filed: 5/17/2017, Entered: 5/17/2017
NOTICE of Appearance by Andrew Reginald Scott on behalf of The County of Nassau (aty to be noticed) (Scott, Andrew)
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Legal Document (Payment Possibly Required) 13 Filed: 5/10/2017, Entered: 5/10/2017
SUMMONS Returned Executed by 70768AF. Incorporated Village of Hempstead served on 5/4/2017, answer due 5/25/2017. (Marion, Amy)
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Legal Document (Payment Possibly Required) 12 Filed: 5/10/2017, Entered: 5/10/2017
SUMMONS Returned Executed by 70768AF. Gregory Fagan served on 5/4/2017, answer due 5/25/2017. (Marion, Amy)
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Legal Document (Payment Possibly Required) 11 Filed: 5/10/2017, Entered: 5/10/2017
SUMMONS Returned Executed by 70768AF. The County of Nassau served on 5/4/2017, answer due 5/25/2017. (Marion, Amy)
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Legal Document (Payment Possibly Required) 10 Filed: 4/25/2017, Entered: 4/25/2017
ANSWER to 1 Complaint,, by Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers. (Attachments: # 1 Affidavit of Service) (Preston, Andrew)
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Legal Document (Payment Possibly Required) 9 Filed: 4/24/2017, Entered: 4/24/2017
NOTICE of Appearance by Michael Paul Siravo on behalf of Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers (aty to be noticed) (Siravo, Michael)
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Legal Document (Payment Possibly Required) 8 Filed: 4/24/2017, Entered: 4/24/2017
NOTICE of Appearance by Andrew Kenneth Preston on behalf of Gregory Fagan, Incorporated Village of Hempstead, Unidentified Incorporated Village of Hempstead Police Officers (aty to be noticed) (Preston, Andrew)
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Legal Document (Payment Possibly Required) 7 Filed: 3/15/2017, Entered: 3/15/2017
SUMMONS ISSUED as to Gregory Fagan. (Coleman, Laurie)
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Legal Document (Payment Possibly Required) 6 Filed: 3/13/2017, Entered: 3/13/2017
Proposed Summons. Re 1 Complaint,, by 70768AF (Marion, Amy)
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Legal Document (Payment Possibly Required) 5 Filed: 3/10/2017, Entered: 3/10/2017
Summons Issued as to Incorporated Village of Hempstead. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 4 Filed: 3/10/2017, Entered: 3/10/2017
Summons Issued as to The County of Nassau. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 3 Filed: 3/10/2017, Entered: 3/10/2017
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. (Rodin, Deanna)
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Blank  Filed: 3/10/2017, Entered: 3/10/2017
Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 2 Filed: 3/10/2017, Entered: 3/10/2017
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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Blank  Filed: 3/10/2017, Entered: 3/10/2017
Proposed summons for Gregory Fagan in attachment #2 of docket entry 1 is rejected; the defendant listed in the section that reads "To: (Defendant's name and address)" does not match the defendant in the caption of the complaint; the Clerk's Office cannot issue the summons. Counsel is advised to submit a completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
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Legal Document (Payment Possibly Required) 1 Filed: 3/9/2017, Entered: 3/9/2017
COMPLAINT against Gregory Fagan, Incorporated Village of Hempstead, The County of Nassau, Unidentified Incorporated Village of Hempstead Police Officers, Unidentified Nassau County Police Officers filing fee $ 400, receipt number 0207-9353644 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by 70768AF. (Attachments: # 1 Proposed Summons County of Nassau, # 2 Proposed Summons PO Gregory Fagan, # 3 Proposed Summons Incorporated Village of Hempstead, # 4 Civil Cover Sheet) (Marion, Amy)
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