ORDER granting 28 Motion to Withdraw as Attorney. Attorney Michael Paul Siravo terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 11/10/2020. c/ecf (Imrie, Robert)
MOTION to Withdraw as Attorney Michael P. Siravo by Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Panico, Deanna)
MEMORANDUM AND ORDER granting in part and denying in part 23 Defendants' Renewed Motion to Dismiss. For the reasons contained in the attached Memorandum and Order, defendants' renewed motion to dismiss is granted in part and denied in part. The motion to dismiss is granted with respect to defendant Stephanoff, but denied in all other respects. This case shall proceed to discovery on plaintiff's claims under federal law, and the state claims against defendants Nadolny, Gonzalez, Bella, Russ, Cappicioni, Butcher, 9AE3642, and B403902 in their individual capacities.The Clerk of Court is respectfully directed to terminate Gregory Stephanoff as a defendant in this action. Ordered by Judge Kiyo A. Matsumoto on 9/8/2020. (Mayer, Michael)
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Filed: 4/1/2020, Entered: 4/1/2020
ORDER granting 26 Motion to Substitute Attorney. Attorney Andrew Kenneth Preston terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 4/1/2020. c/ecf (Imrie, Robert)
MEMORANDUM in Support of Defendants' Renewed Motion to Dismiss Plaintiff's State Law Claims Against the Individual Defendants in Their Individual Capacities filed by Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Preston, Andrew)
RESPONSE in Opposition re 23 Notice of MOTION to Dismiss Plaintiff's state law claims against individual defendants filed by DDD0C32. (Brewington, Frederick)
Notice of MOTION to Dismiss Plaintiff's state law claims against individual defendants by Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Kathy Russ, Gregory Stephanoff. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Memorandum in Support) (Preston, Andrew)
ORDER adopting 21 the Parties' Proposed Briefing Schedule, which was incorrectly filed as a Motion to Dismiss. Defendants shall serve, but not file, their motion to dismiss by August 26, 2019. Plaintiff shall serve, but not file, her opposition by September 26, 2019. Defendants shall serve, but not file, their reply by October 10, 2019. Once the motion is fully briefed, and no later than October 10, 2019, the parties shall file all motion papers via ECF in chronological order and shall provide two hard courtesy copies to chambers. Ordered by Judge Kiyo A. Matsumoto on 8/20/2019. (Ammari, Kamil)
MOTION to Dismiss Plaintiff's state law claims against the individual Defendants in their individual capacities briefing schedule by Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Panico, Deanna)
MEMORANDUM AND ORDER, granting in part and denying in part 14 Motion to Dismiss; denying 16 Motion to Change Venue. For the reasons set forth above, defendants' motion for reassignment of this action to Central Islip is denied;defendants' motion to dismiss plaintiff's state claims (the fifth cause of action) is granted in part but denied without prejudice with respect to plaintiff's claims against the Supervising Officers in their individual capacities; and defendants' motion to dismiss plaintiff's local claims (thesixth cause of action) is granted. The court will entertain a request from defendants for leave to renew their motion to dismiss the plaintiff's claimsagainst the Supervising Officers in their individual capacities based upon the application of the notice-of-claim requirement. If defendants wish to file such a motion seeking dismissal of the surviving state claims based on this requirement, they should sufficiently explain (1) which provision of law requires indemnification and (2) how it applies to the Supervising Officers and the challenged conduct in this action. (Ordered by Judge Kiyo A. Matsumoto on 7/15/2019) C/M (Galeano, Sonia)
Letter MOTION to Change Venue by Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Panico, Deanna)
First MOTION to Dismiss Plaintiff's State and Local claims by Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Attachments: # 1 Memorandum in Support, # 2 Declaration in support, # 3 Affidavit of Service, # 4 Memorandum in Support Reply memo of law, # 5 Miscellaneous Case Cover Sheet Cover letter regarding fully briefed motion to dismiss) (Panico, Deanna)
STIPULATION re Pre Motion Conference,,,,, discontinuing the action against Nassau County Police Department as the County of Nassau is the appropriate entity to be sued, and amending the caption of the Amended Complaint by DDD0C32 (Brewington, Frederick)
Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 7/30/2018. Appearances: for plaintiff, Frederick K. Brewington, Esq.; for defendants, Deanna Darlene Panico, Esq. Discussions held regarding defendants' proposed motion to dismiss. The parties are in agreement that the County of Nassau is the appropriate entity to be sued rather than the Nassau County Police Department. Plaintiff agreed to dismiss her claims against the police department and pursue her claims against the County of Nassau. Defendants stated that they would withdraw their statute of limitations defense from the motion to dismiss. The court ordered the following briefing schedule for the motion to dismiss (1) defendants shall serve their motion to dismiss on plaintiff on or before August 20, 2018; (2) plaintiff shall serve her opposition on or before September 7, 2018; and (3) defendants shall serve their reply on or before September 14, 2018. The parties shall file their motion papers via ECF on or before September 15, 2018 in the order served, and provide the court with two courtesy hard copies. The court orders plaintiff to file a stipulation noting its dismissal of the Nassau County Police Department by August 3, 2018. (FTR Log #10:06:40-10:14:42, 10:19:34-10:32:38.) (Abugo, Uzezi)
ORDER granting 11 Letter Motion for Pre Motion Conference. Defendants' request for a pre-motion conference is granted. The parties shall participate in a telephonic pre-motion conference with the court on July 30, 2018 at 10:00 AM. Counsel for defendants shall coordinate a call among the parties and dial into chambers (718-613-2180) when all parties are on the line. Plaintiff shall file a letter responding to defendants' request for a pre-motion conference 11 on or before July 25, 2018. Ordered by Judge Kiyo A. Matsumoto on 7/19/2018. (Abugo, Uzezi)
Filed: 5/4/2018, Entered: 5/4/2018
Case Reassigned to Judge Kiyo A. Matsumoto. 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)
Filed: 4/5/2018, Entered: 4/5/2018
Case Reassigned to Judge Joanna Seybert. Judge Leonard D. Wexler 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)
Filed: 3/15/2018, Entered: 3/16/2018
Motions terminated, docketed incorrectly: 11 First Motion to Dismiss for Failure to State a Claim filed by Nancy Butcher, Carol Nadolny, Elizabeth Bella, Gregory Stephanoff, Nassau County Police Department, B403902, Fran Cappicioni, 9AE3642, County of Nassau, Jane Gonzalez, Kathy Russ. (The document should have been filed as a "letter application", and the Court will address the document as such. All corrections have been made.) (Cubano, Jazmin)
Letter application requesting a pre motion conference to Dismiss for Failure to State a Claim by Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Panico, Deanna) Modified on 3/16/2018 (Cubano, Jazmin).
ORDER re 10 : The defendants' time to answer, move or otherwise respond to the complaint is extended to and including March 15, 2018. Ordered by Magistrate Judge Arlene R. Lindsay on 2/14/2018. c/ecf (Imrie, Robert)
Letter MOTION for Extension of Time to File Answer by Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff. (Panico, Deanna)
SUMMONS Returned Executed by DDD0C32. Elizabeth Bella served on 1/23/2018, answer due 2/13/2018; Nancy Butcher served on 1/23/2018, answer due 2/13/2018; Fran Cappicioni served on 1/23/2018, answer due 2/13/2018; County of Nassau served on 1/23/2018, answer due 2/13/2018; 9AE3642 served on 1/23/2018, answer due 2/13/2018; Jane Gonzalez served on 1/23/2018, answer due 2/13/2018; B403902 served on 1/23/2018, answer due 2/13/2018; Carol Nadolny served on 1/23/2018, answer due 2/13/2018; Nassau County Police Department served on 1/23/2018, answer due 2/13/2018; Kathy Russ served on 1/23/2018, answer due 2/13/2018; Gregory Stephanoff served on 1/23/2018, answer due 2/13/2018. (Attachments: # 1 Affidavit of Service, # 2 Affidavit of Service, # 3 Affidavit of Service, # 4 Affidavit of Service, # 5 Affidavit of Service, # 6 Affidavit of Service, # 7 Affidavit of Service, # 8 Affidavit of Service, # 9 Affidavit of Service, # 10 Affidavit) (Brewington, Frederick)
Summons Issued as to Elizabeth Bella, Nancy Butcher, Fran Cappicioni, County of Nassau, 9AE3642, Jane Gonzalez, B403902, Carol Nadolny, Nassau County Police Department, Kathy Russ, Gregory Stephanoff, on 12/21/2017. (Fagan, Linda)
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. (Kanellopoulos, John)
Case Assigned to Judge Leonard D. Wexler 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. (Kanellopoulos, John)
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