Carter et al v. City Of New York et al :: New York Eastern District Court

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61	Filed: 4/23/2007, Entered: None
	ORDER re 60 Stipulation of Dismissal filed by City Of New York, New York Police Department. ( Ordered by Judge Brian M. Cogan on 4/17/07 ) (Guzzi, Roseann) (Entered: 04/23/2007)
	Request

60	Filed: 4/17/2007, Entered: None
	STIPULATION of Dismissal and Withdrawal for the Court's endorsement and filing by New York Police Department, City Of New York (Hazan, David) (Entered: 04/17/2007)
	Request

59	Filed: 4/5/2007, Entered: None
	Letter Re: Plaintiffs' request to withdraw all claims against defendants by New York Police Department, City Of New York (Hazan, David) (Entered: 04/05/2007)
	Request

58	Filed: 4/5/2007, Entered: None
	Letter by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie (Abouzeid, Danielle) (Entered: 04/05/2007)
	Request

57	Filed: 3/30/2007, Entered: None
	Minute Entry for proceedings held before James Orenstein : Final Pretrial Conference held on 3/30/2007. (1) I denied plaintiff Mazzella's oral application to amend the complaint to add new claims against a new defendant (Officer D'Angelo), and to assert explicitly a conspiracy claim pursuant to Section 1983. For reasons explained on the record, I denied the application pursuant to Rule 16, for want of good cause to grant such relief so late in the proceedings, without addressing the liberal pleading standard of Rule 15. Moreover, the denial of relief as to the proposed conspiracy allegations was without prejudice to plaintiff Mazzella's position that such a theory has already been pleaded. (2) Discovery is complete and there are no outstanding discovery disputes. (3) The parties in each case discussed settlement in good faith but did not reach any agreement. No settlement seems likely in the Carter action. The parties to the Mazzella action will continue to discuss potential agreements either to narrow or resolve the claims in this court. (4) I will enter an order certifying that each case is ready for trial, without prejudice to any potentially dispositive motion. Associated Cases: 1:04-cv-03605-BMC-JO, 1:05-cv-02968-BMC-JO (Orenstein, James) (Entered: 03/30/2007)
	Request

56	Filed: 3/30/2007, Entered: None
	Letter to Court for Extension of Time to Respond to Court's Minute Entry and Scheduling Order of March 23, 2007 by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie (Abouzeid, Danielle) (Entered: 03/30/2007)
	Request

55	Filed: 3/23/2007, Entered: None
	Minute Entry and Scheduling Order for proceedings held before Brian M. Cogan: Pre Motion Conference held on 3/23/2007. Rulings made on the record. See briefing schedule: Motions due 5/4/07; opposition papers by 6/1/07; and replies, if any are due by 6/15/07. (Court Reporter Fred Guerino) c/m to pro se defendant DeCeglie Associated Cases: 1:04-cv-03605-BMC-JO, 1:05-cv-02968-BMC-JO (Guzzi, Roseann) (Entered: 03/26/2007)
	Request

54	Filed: 3/13/2007, Entered: None
	MOTION for Extension of Time to File the proposed joint pretrial order by New York Police Department, Samuel Perez, Glenn Glennerster, Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, City Of New York, Jose Alvarado, Natalie Deceglie. (Attachments: # 1 Order, dated March 9, 2007, by the Honorable Brian M. Cogan) (Hazan, David) (Entered: 03/13/2007)
	Request

53	Filed: 3/7/2007, Entered: None
	Letter in Response to Defendants' Request for a Pre-Motion Conference by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie (Abouzeid, Danielle) (Entered: 03/07/2007)
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52	Filed: 2/28/2007, Entered: None
	Letter requesting pre-motion conference by Samuel Perez, Glenn Glennerster (Garber, Mitchell) (Entered: 02/28/2007)
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51	Filed: 2/27/2007, Entered: None
	Letter to request a pre-motion conference by New York Police Department, City Of New York (Hazan, David) (Entered: 02/27/2007)
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50	Filed: 1/10/2007, Entered: None
	FOURTH AMENDED SCHEDULING ORDER: Rebuttal expert disclosures due by:February 15, 2007. All discovery to be completed by: February 15, 2007. Dispositive motion process started by: February 28, 2007. Joint pretrial order due by: March 14, 2007. Pretrial Conference: March 30, 2007, at 10:30 a.m. SEE ATTACHED ORDER. Ordered by Judge James Orenstein on 01/10/07. (Kelbley, Shane) (Entered: 01/10/2007)
	Request

49	Filed: 1/10/2007, Entered: None
	RESPONSE to Motion re 48 MOTION for Extension of Time to Complete Discovery in the Carter matter and to stay expert deposition discovery in the Mazzella matter filed by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie. (Abouzeid, Danielle) (Entered: 01/10/2007)
	Request

48	Filed: 1/9/2007, Entered: None
	MOTION for Extension of Time to Complete Discovery in the Carter matter and to stay expert deposition discovery in the Mazzella matter by New York Police Department, City Of New York. (Hazan, David) (Entered: 01/09/2007)
	Request

47	Filed: 1/8/2007, Entered: None
	NOTICE of Appearance by John H Graziadei on behalf of New York Police Department, City Of New York (Graziadei, John) (Entered: 01/08/2007)
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46	Filed: 1/8/2007, Entered: None
	NOTICE of Appearance by David M. Hazan on behalf of New York Police Department, City Of New York (Hazan, David) (Entered: 01/08/2007)
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45	Filed: 12/13/2006, Entered: None
	STATUS REPORT Joint Status Report Regarding Discovery by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie. (Abouzeid, Danielle) (Entered: 12/13/2006)
	Request

44	Filed: 11/30/2006, Entered: None
	THIRD AMENDED SCHEDULING ORDER: Case-in-chief expert disclosures by: December 11, 2007. Rebuttal expert disclosures by: January 16, 2007. All discovery to be completed by: January 16, 2007. Dispositive motion process started by: January 31, 2007. Joint pretrial order due by: February 14, 2007. Pretrial Conference: February 28, 2007, at 10:30 a.m. Ordered by Judge James Orenstein on 11/30/06. SEE ATTACHED ORDER. (Kelbley, Shane) (Entered: 11/30/2006)
	Request

43	Filed: 11/30/2006, Entered: None
	ORDER granting 41 -- For the reasons stated in the attached order, I grant the plaintiffs' motion to the extent it requests an extension of the deadline for all parties' case-in-chief expert disclosures to December 11, 2006. I direct counsel for all of the parties to confer in an effort to resolve their outstanding discovery dispute. No later than December 13, 2006, the parties must either submit a joint report advising that the discovery dispute is resolved, or file a motion for relief based on the remaining dispute. I will enter a separate amended case management and scheduling order reflecting the revised deadlines in this order. SEE ATTACHED ORDER. Ordered by Judge James Orenstein on 11/30/06. (Kelbley, Shane) (Entered: 11/30/2006)
	Request

42	Filed: 11/20/2006, Entered: None
	RESPONSE to Motion re 41 MOTION for Extension of Time to Complete Discovery Motion to Extend Time for Submitting Case-in-Chief Expert Disclosures filed by New York Police Department, City Of New York. (Nelson, Genevieve) (Entered: 11/20/2006)
	Request

41	Filed: 11/20/2006, Entered: None
	MOTION for Extension of Time to Complete Discovery Motion to Extend Time for Submitting Case-in-Chief Expert Disclosures by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie. (Abouzeid, Danielle) (Entered: 11/20/2006)
	Request

40	Filed: 10/11/2006, Entered: None
	RESPONSE in Opposition re 36 MOTION to Compel Production of a Rule 30(b)(6) Witness by Defendants, City of New York and New York Police Department filed by City Of New York. (Nelson, Genevieve) (Entered: 10/11/2006)
	Request

39	Filed: 10/6/2006, Entered: None
	Letter MOTION for Extension of Time to File Response/Reply by City Of New York. (Nelson, Genevieve) (Entered: 10/06/2006)
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38	Filed: 10/6/2006, Entered: None
	Letter MOTION for Extension of Time to File Response/Reply by City Of New York. (Nelson, Genevieve) (Entered: 10/06/2006)
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37	Filed: 10/2/2006, Entered: None
	NOTICE of Change of Firm Name by Danielle Abouzeid (Abouzeid, Danielle) (Entered: 10/02/2006)
	Request

36	Filed: 9/29/2006, Entered: None
	MOTION to Compel Production of a Rule 30(b)(6) Witness by Defendants, City of New York and New York Police Department by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie. (Abouzeid, Danielle) (Entered: 09/29/2006)
	Request

35	Filed: 9/13/2006, Entered: None
	SECOND AMENDED SCHEDULING ORDER: Deadline for producing outstanding document discovery: September 22, 2006. Deadline for completing 30(b)(6) deposition: September 29, 2006. Case-in-chief expert disclosures by: November 17, 2006. Rebuttal expert disclosures by: December 18, 2006. All discovery to be completed by: December 18, 2006. Dispositive motion process started by: January 2, 2007. Joint pretrial order due by: None. Pretrial Conference: January 10, 2007, at 9:30 a.m. SEE ATTACHED ORDER. Ordered by Judge James Orenstein on September 13, 2006. (Orenstein, James) (Entered: 09/13/2006)
	Request

34	Filed: 9/13/2006, Entered: None
	Minute Entry for proceedings held before James Orenstein : Status Conference held on 9/13/2006. SCHEDULING: The final pretrial conference will be held on January 10, 2007, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) Defendant Deceglie again failed to appear as required, despite having been notified of the proceeding. I will issue a separate report and recommendation urging the court to strike her answer and enter a default judgment against her. (2) The Carter plaintiffs may take the deposition of the City's 30(b)(6) witness on the topics corresponding to those on which I have previously permitted document discovery. The deposition shall take place by September 29, 2006. The other deposition notices for non-party witnesses served on August 31, 2006 are untimely and will not be enforced. (3) Plaintiff Mazzella will reimburse the defendants' costs for the deposition she did not attend. (4) All outstanding documents previously requested and not yet provided (or ruled exempt from disclosure) must be produced by September 22, 2006. (5) I will extend the expert disclosure deadlines by 6 weeks. I will enter a separate amended scheduling order to that effect. There will be no further extensions. (6) I will not compel defendants Glennerster and Perez to disclose the neighborhoods in which they live. (Orenstein, James) (Entered: 09/13/2006)
	Request

33	Filed: 9/8/2006, Entered: None
	STATUS REPORT by Rachel Carter, Frank Sottile, Jarra Flanagan, Justin Moglia, Jose Alvarado, Natalie Deceglie. (Abouzeid, Danielle) (Entered: 09/08/2006)
	Request

32	Filed: 9/7/2006, Entered: None
	STATUS REPORT Regarding Discovery by New York Police Department, City Of New York. (Nelson, Genevieve) (Entered: 09/07/2006)
	Request

31	Filed: 8/17/2006, Entered: None
	AFFIDAVIT in Opposition re 30 Letter MOTION to Dismiss for Lack of Prosecution filed by Rachel Carter. (Abouzeid, Danielle) (Entered: 08/17/2006)
	Request

30	Filed: 8/15/2006, Entered: None
	Letter MOTION to Dismiss for Lack of Prosecution by City Of New York. (Nelson, Genevieve) (Entered: 08/15/2006)
	Request

29	Filed: 7/14/2006, Entered: None
	RESPONSE in Opposition re 28 Letter MOTION for Discovery filed by all plaintiffs. (Abouzeid, Danielle) (Entered: 07/14/2006)
	Request

28	Filed: 7/7/2006, Entered: None
	Letter MOTION for Discovery by New York Police Department, City Of New York. (Nelson, Genevieve) (Entered: 07/07/2006)
	Request

27	Filed: 6/28/2006, Entered: None
	TRANSCRIPT of Civil Cause for Conference held on 6/20/06 before Judge James Orenstein. Court Reporter: Rosalie Lombardi. (Black, Amanda) (Entered: 06/30/2006)
	Request

26	Filed: 6/20/2006, Entered: None
	AMENDED SCHEDULING ORDER: All depositions to be completed by:August 31, 2006. A status conference will be held on September 13, 2006, at 9:30 a.m. Case-in-chief expert disclosures by: October 2, 2006. Rebuttal expert disclosures by: November 1, 2006. All discovery to be completed by: November 1, 2006. Dispositive motion process started by: November 15, 2006. Joint pretrial order due by: December 6, 2006. A pretrial conference will be held on December 13, 2006, at 9:30 a.m.
	Request

25	Filed: 6/20/2006, Entered: None
	ORDER -- (1) Counsel for Rachel Carter as a defendant in the Mazzella case shall obtain (at counsel's expense and not Ms. Carter's) a transcript of the proceedings at the conference of June 20, 2006, provide a copy to Ms. Carter, and certify compliance with the preceding directives no later than July 20, 2006. (2) Mazzella defendant Natalie Deceglie must submit a letter no later than June 30, 2006, explaining her absence at two consecutive conferences and stating whether or not she intends to comply with orders requiring her appearance at future conferences. (3) The City will provide discovery as follows: (a) all outstanding copies of photographs and audio recordings by Friday June 23, 2006; (b) Richmond County DA files by Friday, June 23, 2006; (c) log of privilege and other redactions by June 30, 2006; (d) NYPD Patrol Guide (or motion for a protective order) by July 7, 2006. (4) I will enter a separate scheduling order that contemplates the completion of all discovery as to all claims by the end of October 2006. For further details, SEE ATTACHED ORDER.Signed by Judge James Orenstein on 06/20/06. (Sunshine, Jason) (Entered: 06/20/2006)
	Request

24	Filed: 6/20/2006, Entered: None
	Minute Entry for proceedings held before James Orenstein: Status Conference held on 6/20/2006. SCHEDULING: The next status conference will be held on September 13, 2006, at 9:30 a.m. The final pretrial conference will be held on December 13, 2006, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: I will enter an order summarizing the rulings made at today's conference and a separate amended case management and scheduling order governing all remaining pretrial proceedings. (SEE ATTACHED DOCUMENT)(Sunshine, Jason) (Entered: 06/20/2006)
	Request

23	Filed: 6/16/2006, Entered: None
	RESPONSE in Opposition re 22 Letter MOTION to Compel Discovery Documents filed by New York Police Department, City Of New York. (Nelson, Genevieve) (Entered: 06/16/2006)
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22	Filed: 6/13/2006, Entered: None
	Letter MOTION to Compel Discovery Documents by all plaintiffs. (Attachments: # 1)(Abouzeid, Danielle) (Entered: 06/13/2006)
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21	Filed: 6/13/2006, Entered: None
	ORDER re 19 Letter MOTION for Extension of Time to Complete Discovery in Furtherance of the 6/9/06 Application filed by City Of New York,, 20 Letter MOTION for Extension of Time to Complete Discovery in Further Support of the 6/9/06 Joint Application by the Carter and Mazzella parties filed by Frank Sottile,, Jose Alvarado,, Rachel Carter,, Natalie Deceglie,, Jarra Flanagan,, Justin Moglia -- A conference is scheduled for June 20, 2006, at 9:30 a.m. The government is invited to send counsel to attend the conference to the extent that its investigative interests are implicated but is not required to do so. CF Pam Chen. (SEE ATTACHED DOCUMENT).Signed by Judge James Orenstein on 06/13/06. (Sunshine, Jason) (Entered: 06/13/2006)
	Request

20	Filed: 6/12/2006, Entered: None
	Letter MOTION for Extension of Time to Complete Discovery in Further Support of the 6/9/06 Joint Application by the Carter and Mazzella parties by all plaintiffs. (Abouzeid, Danielle) (Entered: 06/12/2006)
	Request

19	Filed: 6/12/2006, Entered: None
	Letter MOTION for Extension of Time to Complete Discovery in Furtherance of the 6/9/06 Application by City Of New York. (Nelson, Genevieve) (Entered: 06/12/2006)
	Request

18	Filed: 6/9/2006, Entered: None
	Joint MOTION for Extension of Time to Complete Discovery by City Of New York. (Nelson, Genevieve) (Entered: 06/09/2006)
	Request

17	Filed: 3/9/2006, Entered: None
	SCHEDULING ORDER: Deadline for completion of all fact discovery: June 30, 2006. Settlement Conference: July 14, 2006, at 10:00 a.m. All discovery, including discovery of Monell claims and production of all expert reports, if any, to be completed by: Date to be determined. Dispositive motion process started by: Date to be determined. Joint pretrial order due by: Date to be determined. Pretrial Conference: Date to be determined. SEE ATTACHED ORDER. Ordered by Judge James Orenstein on March 9, 2006. (Orenstein, James) (Entered: 03/09/2006)
	Request

16	Filed: 3/9/2006, Entered: None
	Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 3/9/2006. SCHEDULING: The next settlement conference will be held on July 14, 2006, at 10:00 a.m. THE FOLLOWING RULINGS WERE MADE: (1) The parties have not complied with Judge Mann's prior order regarding the completion of fact discovery. With the parties' consent, I will enter a separate order providing for the completion of all fact discovery no later than June 30, 2006. There will be no extensions of that deadline absent extraordinary circumstances. I will set additional deadlines for the completion of all discovery at the close of the next conference if the case does not settle at that time. (2) Plaintiff Mazzella will provide all requested authorizations by March 16, 2006. (3) With respect to all other outstanding discovery requests, in the absence of prompt responses the parties' counsel must promptly confer in a good faith attempt to resolve any dispute; to the extent any dispute remains, the party seeking discovery shall move for an order to compel or risk waiving the right to such discovery. (4) The parties' counsel are directed to familiarize themselves and comply with the requirements of the scheduling order and of my individual practice requirements, a copy of which can be found on the court's web site, www.nyed.uscourts.gov. (5) Ms. Abouzeid is directed to provide a copy of this minute order, and of all further orders in this case, to Ms. Deceglie, who is proceeding pro se as a defendant in the Carter action. (Orenstein, James) (Entered: 03/09/2006)
	Request

15	Filed: 3/2/2006, Entered: None
	ORDER granting in part and denying in part without prejudice to an application to the newly assigned magistrate judge for a further extension 14 Motion for Extension of Time to Complete Discovery. Fact discovery is extended to 5/1/06 . Ordered by Judge Roanne L. Mann on 03/02/06. (Maynard, Pat) (Entered: 03/02/2006)
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14	Filed: 3/1/2006, Entered: None
	Letter MOTION for Extension of Time to Complete Discovery by City Of New York, City Of New York. (Nelson, Genevieve) (Entered: 03/01/2006)
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13	Filed: 2/23/2006, Entered: None
	ORDER re 12 Amended Order. The above case is being reassigned to a different magistrate judge. The 3/15/06 settlement conference is adjourned sine die. Ordered by Judge Roanne L. Mann on 02/23/06. (Maynard, Pat) (Entered: 02/23/2006)
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12	Filed: 2/22/2006, Entered: None
	ORDER The above case is being reassigned to a different magistrate judge. The 3/15/06 settlement is adjourned sine die. Ordered by Judge Roanne L. Mann on 02/22/06. (Maynard, Pat) (Entered: 02/22/2006)
	Request

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11	Filed: 10/6/2005, Entered: None
	ANSWER to Crossclaim by City Of New York.(Nelson, Genevieve) (Entered: 10/06/2005)
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10	Filed: 7/29/2005, Entered: None
	ANSWER to Complaint with Jury Demand by New York Police Department, City Of New York.(Nelson, Genevieve) (Entered: 07/29/2005)
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9	Filed: 7/28/2005, Entered: None
	ANSWER to Complaint with Jury Demand, CROSSCLAIM against City Of New York by Samuel Perez, Glenn Glennerster.(Garber, Mitchell) (Entered: 07/28/2005)
	Request

8	Filed: 6/24/2005, Entered: None
	ORDER admitting Steven T. Sullivan pro hace vice. Ordered by Judge Roanne L. Mann on 6/22/05. (Glenn, Marilyn) (Entered: 06/24/2005)
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7	Filed: 6/24/2005, Entered: None
	ORDER admitting Patrick Joseph Bartels pro hace vice. Ordered by Judge Roanne L. Mann on 6/22/05. (Glenn, Marilyn) (Entered: 06/24/2005)
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6	Filed: 6/23/2005, Entered: None
	ORDER permitting Danielle Abouzeid, Esq. to practice pro hace vice.Ordered by Judge Roanne L. Mann on 6/22/05. (Glenn, Marilyn) (Entered: 06/23/2005)
	Request

5	Filed: 6/23/2005, Entered: None
	Minute Entry for proceedings held before Roanne L. Mann : Scheduling Conference held on 6/22/2005. This is an ECF case. The parties are directed to confer in good faith to resolve any issues concerning service of process. Plaintiffs shall, by 7/8/05, effect service of any defendant who has not been served, and who will not agree to accept service through counsel. Defendants who have not already done so shall respond to the complaint(s) by 7/29/05. Absent further court order, discovery will not be stayed during any motion practice. Discovery in the two cases is to be coordinated. Outstanding automatic disclosures and authorizations shall be served by 8/12/05. The parties may amend the pleadings or add new parties, as of right, until 10/21/05. Expert disclosure and Monell discovery are deferred until after the settlement conference. Fact discovery to be completed by 3/1/06. Settlement conference scheduled for 3/15/06 at 10 AM.(Tape #05/62 (784-3328).) (Lowenstein, Amy) (Entered: 06/23/2005)
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4	Filed: 6/22/2005, Entered: None
	Docket sheet from the District of New Jersey. (Vaughn, Terry) (Entered: 06/22/2005)
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3	Filed: 6/22/2005, Entered: None
	ORDER filed in the Dist. of NJ transferring this action to the U.S. District Court for the Eastern District of New York re 3 Motion to Dismiss/Transfer. Signed by Judge Dickinson R. Debevoise on 4/28/05. This is Doc. No. 8 on NJ's docket sheet.(Vaughn, Terry) (Entered: 06/22/2005)
	Request

1	Filed: 6/22/2005, Entered: None
	COMPLAINT filed in the District of New Jersey on 11/29/04 (New Jersey's case number is 2:04-cv-5893-DRD-SDW) against all defendants, filed by all plaintiffs.(Vaughn, Terry) (Entered: 06/22/2005)
	Request

2	Filed: 6/22/2005, Entered: None
	OPINION filed in the Dist. of New Jersey on 4/28/05 transferring the case to EDNY. OPINION - Signed by Judge Dickinson R. Debevoise on 4/28/05. (NJ's doc. #7)(Vaughn, Terry)