Case: Shain v. Ellison

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed and summons(es) issued for "John" Ellison, John Doe, James H. Madden, Nassau County P.D., County Of Nassau FILING FEE $ 120 RECEIPT # 185494 (Branciforte, Ralph) (Entered: 07/30/1996)

ORDER, extending time , reset answer due for 1/7/97 for County Of Nassau, for Nassau County P.D., for James H. Madden, for John Doe, for "John" Ellison ( signed by Judge Leonard D. Wexler ) dtd 12/19/96 cm (Mierzewski, Liz) (Entered: 12/19/1996)

AMENDED COMPLAINT by Ray E. Shain , (Answer due 1/29/96 for County Of Nassau, for Nassau County P.D., for James H. Madden, for John Doe, for "John" Ellison ) amending [1-1] complaint (Mierzewski, Liz) Modified on 06/10/1999 (Entered: 11/22/1996)

ANSWER by "John" Ellison to amended complaint (Mierzewski, Liz) (Entered: 04/11/1997)

ORDER, dismissing this action as to deft. James H. Madden with prejudice ( signed by Judge Leonard D. Wexler ) dtd 4/17/97 cm (Mierzewski, Liz) (Entered: 04/17/1997)

ORDER, set status conference for 2:00 6/16/97 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 5/2/97 cm (Mierzewski, Liz) (Entered: 05/06/1997)

LETTER dated 4/29/97 from Robert L. Herbst to Mr. Drinan re: request that appearance be entered on behalf of pltff in this action. (Mierzewski, Liz) (Entered: 05/06/1997)

MOTION by James H. Madden to dismiss , Motion hearing [9-1] motion (Mierzewski, Liz) (Entered: 05/12/1997)

MEMORANDUM by James H. Madden in support of [9-1] motion to dismiss (Mierzewski, Liz) (Entered: 05/12/1997)

MEMORANDUM by Ray E. Shain in opposition to [9-1] motion to dismiss (Mierzewski, Liz) (Entered: 05/12/1997)

REPLY MEMORANDUM OF LAW by James H. Madden in further [9- 1] motion to dismiss (Mierzewski, Liz) (Entered: 05/12/1997)

STATE COURT RECORD RECEIVED (Mierzewski, Liz) (Entered: 05/12/1997)

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 11/20/97 ; Pretrial conference for 10:00 12/15/97 ; Pretrial order to be submitted on or before 12/5/97 ; ( signed by Magistrate Arlene R. Lindsay ) dtd 6/16/97 cm (Mierzewski, Liz) (Entered: 06/19/1997)

Calendar entry: Before Judge Lindsay dtd 6/16/97 Case called for initial conf. Pre-trial scheduling order adopted. (Mierzewski, Liz) (Entered: 06/19/1997)

RETURN OF SERVICE executed as to County Of Nassau 7/10/97 Answer due on 7/30/97 for County Of Nassau (Mierzewski, Liz) (Entered: 07/25/1997)

ORDER dtd. 8/26/97, parties are directed to attend a conf. before the undersigned on 9/11/97 at 10:30 at which time the issued herein will be addressed ( signed by Magistrate Arlene R. Lindsay ) c/m (Bollbach, Jean) (Entered: 08/29/1997)

LETTER dated 8/13/97 from Mr. Herbst to Lindsay RE: request to compel deft. to comply with their discovery obligations. (Bollbach, Jean) (Entered: 08/29/1997)

Calendar entry: Case called before Mag. Judge Lindsay on 9/11/97 @ 10:30 a.m. for discovery conference Re: ltr. of 8/13/97 from Herbst & Greenwald. Mr. Herbst for pltff. Rep, Nassau: Taso Kalapoutis; NYS-no appearance. Mr. Drinan was reached but did not participate in conference. Issues raised by pltff. in his ltr. dtd. 8/13/97 were resolved by the parties. (Soto, Noelia) (Entered: 09/15/1997)

LETTER dated 10/8/97 from counsel for defts to Magistrate Judge Lindsay re: request that discovery be stayed against the State defts at least until the pending motion is decided. (Mierzewski, Liz) (Entered: 10/14/1997)

LETTER dated 10/5/97 from counsel for pltff to Magistrate Judge Lindsay re: request for a pre-motion conference. (Mierzewski, Liz) (Entered: 10/14/1997)

LETTER dated 10/8/97 from counsel for Nassau County to Magistrate Judge Lindsay re: Pltff's application should be denied. (Mierzewski, Liz) (Entered: 10/23/1997)

Calendar entry: Before Magistrate Judge Lindsay dtd 10/16/97 Case called for Discovery conference. Motion Pretrial scheduling order adopted. Automatic disclosure by 10/31/97. New pretrial scheduling order issued. (Mierzewski, Liz) (Entered: 10/23/1997)

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 2/20/97 ; Pretrial conference for 3/6/98 ; Pretrial order to be submitted on or before 3/9/97 ; ( signed by Magistrate Arlene R. Lindsay ) dtd 10/16/97 cm (Mierzewski, Liz) (Entered: 10/23/1997)

Endorsed order in doc. 22( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 10/23/1997)

ORDER, unsealing papers for discovery disclosure.. ( signed by Magistrate Arlene R. Lindsay ) dtd 10/22/97 cm (Mierzewski, Liz) (Entered: 10/31/1997)

ORDER, reset status conference for 2:00 1/8/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 12/23/97 cm (Mierzewski, Liz) (Entered: 12/30/1997)

LETTER dated 12/12/97 from counsel for pltff to Magistrate Judge Lindsay re: request for permission to file a motion for sanctions. (Mierzewski, Liz) (Entered: 01/12/1998)

Calendar entry: Before Magistrate Judge Lindsay dtd 1/8/98 Case called for discovery conference. Pretrial scheduling order adopted. Deft. to provide copy of p9lice fule by 1/9/98, unsealing order to be filed w/ District court. 1/30/98 answers to outstanding interrogatories to be filed. counsel has bee advised that the fililure to respond by this date will likely result in sanctions. Asnwer by Sheriff to be filed by 1/21/98, Pltff to be deposed on 1/30/98. (Mierzewski, Liz) (Entered: 01/12/1998)

ORDER, that the final conference of 3/9/98 is cancelled ( signed by Magistrate Arlene R. Lindsay ) dtd 1/8/98 cm (Mierzewski, Liz) (Entered: 01/12/1998)

Calendar entry: Before Judge Wexler dtd 1/8/98 Case called for Motion for summary judgment. Motion denied. Orders published. Stip is vacated. Ref. to Mag/Judge for expedited discovery. (Mierzewski, Liz) (Entered: 01/20/1998)

Endorsed order in doc. 29( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 01/12/1998)

ORDER denying [9-1] motion to dismiss ( signed by Judge Leonard D. Wexler ) dtd 1/9/98 cm (Mierzewski, Liz) (Entered: 01/09/1998)

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 3/27/98 ; Pretrial conference for 4/25/98 ; Pretrial order to be submitted on or before 4/6/98 ; ( signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 01/12/1998)

ANSWER by "John" Ellison, John Doe, James H. Madden, County Of Nassau, Joseph Jablonsky to amended complaint; jury demand (Mierzewski, Liz) (Entered: 01/14/1998)

ORDER, that the parties are directed to proceed w/ the depositions if assistance is required, objections are to be preserved until the end of the deposition for court assistance ( signed by Magistrate Arlene R. Lindsay ) dtd 3/12/98 cm (Mierzewski, Liz) (Entered: 03/13/1998)

MAIL RETURNED Order dtd 3/12/98 returned on 3/20/98 (Mierzewski, Liz) (Entered: 03/23/1998)

ORDER, set status conference for 3:00 3/30/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 3/23/98 cm (Mierzewski, Liz) (Entered: 03/24/1998)

ORDER, reset status conference for 11:00 3/31/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 3/25/98 cm (Mierzewski, Liz) (Entered: 03/25/1998)

Calendar entry: Before Magistrate Judge Lindsay dtd 3/31/98 Case called for discovery conference. Conference held. After it became clear that parties had not conferred on issues raised in the ltter motions, the court directed them to first do so. Parties later reported that they had resolved their outstanding issues. (Mierzewski, Liz) (Entered: 04/07/1998)

LETTER dated 3/19/98 from Taso Kalapoutis to Ms. Masters re: counsel will seek a protective order for depositions of any Assistant District Attorneys.. (Mierzewski, Liz) (Entered: 04/07/1998)

LETTER dated 3/19/98 from counsel for Nassau county defts to Magistrate Judge Lindsay re: request for a conference. (Mierzewski, Liz) (Entered: 04/08/1998)

LETTER dated 4/9/98 from counsel for pltff to Judge Lindsay re: request for an order directing defts to provide the outstanding discovery. (Mierzewski, Liz) (Entered: 04/22/1998)

AMENDED PRETRIAL SCHEDULING ORDER setting Discovery cutoff 6/30/98 ; Pretrial conference for 8/25/98 ; Pretrial order to be submitted on or before 7/22/98 ; ( signed by Magistrate Arlene R. Lindsay ) 4/17/98 cm (Mierzewski, Liz) (Entered: 04/22/1998)

Calendar entry: Before Magistrate judge Lindsay dtd 4/15/98 Case called for Final pretrial conference. Pretrial scheduling order adopted. Deft's to provide legivile blotter for time while pltf in precinct. Item #8 denied. This is not proer interrogatory, moreover, pltff's argument that these records may reveal gender bias is not relevant to the issues on this case..Discovery described in this calendar to be provide by 4/30/98. (Mierzewski, Liz) (Entered: 04/22/1998)

Endorsed order in doc. 43( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 04/22/1998)

LETTER dated 6/1/98 from Robert Herbst to Judge Lindsay re: request for a brief extension of the June 30, l998 deadline for completion of discovery. (Mierzewski, Liz) (Entered: 06/08/1998)

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 7/24/98 ; Pretrial conference for 10:00 8/25/98 ; Pretrial order to be submitted on or before 8/20/98 ; ( signed by Magistrate Arlene R. Lindsay ) dtd 6/8/98 cm (Mierzewski, Liz) (Entered: 06/08/1998)

LETTER dated 6/3/98 from counsel for defts. to Magistrate Judge Lindsay re: response in opposition to pltffs application dtd 6/1/98. (Mierzewski, Liz) (Entered: 06/08/1998)

LETTER dated 6/8/98 from Mr. Herbst to Lindsay RE: in response to letter dtd. 6/3/98 from County Atty (Bollbach, Jean) (Entered: 06/11/1998)

Endorsment of doc# 47 - this comunication is returned to counsel as replies are not permitted w/o court leave ( Signed by Judge Denis R. Hurley ) c/m (Bollbach, Jean) (Entered: 06/11/1998)

ORDER, set status conference for 10:00 7/27/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 7/21/98 cm (Mierzewski, Liz) (Entered: 07/22/1998)

LETTER dated 6/30/98 from Robert Herbst to Judge Lindsay re: request for a telephone conference. (Mierzewski, Liz) (Entered: 07/28/1998)

LETTER dated 7/2/98 from Robert Herbst to Judge Lindsay re: it was inappropriate for counsel to instruct the witness not to answer questions..request for a ruling. (Mierzewski, Liz) (Entered: 07/28/1998)

LETTER dated 7/9/98 from Robert Herbst to Judge Lindsay re: counsel finds it necessary to take Judge Madden's deposition.. (Mierzewski, Liz) (Entered: 07/28/1998)

LETTER dated 7/14/98 from counsel for defts. to Judge Lindsay re: request that the Court order the continuing deposition of pltff to preclude his testimony at trial. (Mierzewski, Liz) (Entered: 07/28/1998)

LETTER dated 7/16/98 from Taso Kalapoutis to Judge Linds ay re: pltff's intentionally misleading behavior warrants sanctions under Rule 37. Fed. R. Civ. P.. (Mierzewski, Liz) (Entered: 07/28/1998)

LETTER dated 7/18/98 from Brian K. Drinan to Judge Lindsay re: request that pltff's application to depose Judge Madden be denied... (Mierzewski, Liz) (Entered: 07/28/1998)

Calendar entry: Before Magistrate Judge Lindsay dtd 7/27/98 Case called for motion..ABA files to be produced by August l8. Internal affairs files of PO Ellison as an officer to be produced in their entirety for in camera review. To extent PO Ellison was charged as a C/o w/improper use of handcuffs those files also to be produced. (see calendar for details) (Mierzewski, Liz) (Entered: 07/30/1998)

Endorsed order in doc. 55( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 07/30/1998)

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 10/1/98 ; Pretrial conference for 9:00 10/19/98 ; ( signed by Magistrate Arlene R. Lindsay ) 8/25/98 cm (Mierzewski, Liz) (Entered: 08/26/1998)

Calendar entry: Before Magistrate Judge Lindsay dtd 8/25/9 Case called for Rulings: A. Custody arraignments after the incident are irrelevant- objection sustained. B. Questions concerning attorney/client conversations are priviledged. C. As posed this question relating to events of l993 are irrevelant. D. Deft. may elicit details of cavity search. E. Pltff must identify clents re: claims to have told of incident. F. Pltff's counsel represents that loss of reputation in a religious context is not an issue therefore the question is irrevelant. As to June 30 letter deft. to produce items (a) and memo entries referred to in (g) for July 94 through July 95. Transcript of pltff's underling criminal hearing to be produced. (Mierzewski, Liz) (Entered: 08/26/1998)

LETTER dated 7/25/98 from Robert Herbs to Judge Lindsay re: Issues that will be raised at the status conference on 7/27/98 @10:00. (Mierzewski, Liz) (Entered: 08/26/1998)

LETTER dated 7/28/98 from Robert Herbst to Judge Lindsay re: enclosed copies of the pages of the deposition transcript of the pltff.. (Mierzewski, Liz) (Entered: 08/26/1998)

Endorsed order in doc. 57( Signed by Magistrate Arlene R. Lindsay ) (Mierzewski, Liz) (Entered: 08/26/1998)

LETTER dated 8/27/98 from Taso Kalapoutis to Judge Lindsay re: counsel is producing, for in camera inspection the Nassau County Police Department, Internal Affairs complaint files for deft. P.O. Ellison. (Mierzewski, Liz) (Entered: 08/31/1998)

ORDER, extending time , reset discovery due for 11/6/98. No further extensions allowed ( signed by Magistrate Arlene R. Lindsay ) dtd 9/30/98 cm (Mierzewski, Liz) (Entered: 10/01/1998)

ORDER, for appointment of William H. Pauley III as additional counsel for deft. ( signed by Judge Leonard D. Wexler ) dtd 10/1/98 cm (Mierzewski, Liz) (Entered: 10/01/1998)

NOTICE of attorney appearance for County Of Nassau, Joseph Jablonsky, "John" Ellison by Paul F. Millus (Mierzewski, Liz) (Entered: 10/02/1998)

ORDER, reset status conference for 9:00 11/20/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) dtd 10/23/98 cm (Mierzewski, Liz) (Entered: 10/26/1998)

LETTER dated 10/27/98 from counsel for defts. to Judge Lindsay re: request that the Court order Mr. Shain to appear for deposition at any of the above listed locations prior to the discovery cutoff (Mierzewski, Liz) (Entered: 10/30/1998)

ORDER, that the clerk is directed to return the internal affairs files to the Nassau County Police dept. ( signed by Magistrate Arlene R. Lindsay ) dtd 10/29/98 cm (Mierzewski, Liz) (Entered: 10/30/1998)

ORDER, that pltff's deposition is to proceed in person on a mutually agreed date. The internal affairs files were ret'd to defense counsel in that they lacked relevance to this case. Mr. Drinan is to make his best efforts to contact Judge Madden and report his efforts to this Court ( signed by Magistrate Arlene R. Lindsay ) dtd 10/29/98 cm (Mierzewski, Liz) (Entered: 10/30/1998)

Calendar entry: Before Magistrate Judge Lindsay dtd 11/20/98 Case called for Final pretrial conference. Pretrial order-January 13. Case to be marked ready thereafter. (Mierzewski, Liz) (Entered: 11/23/1998)

ORDER, that counsel is directed to provide pltff's counsel w/the last known address of Judge Madden ( signed by Magistrate Arlene R. Lindsay ) dtd 11/20/98 cm (Mierzewski, Liz) (Entered: 11/23/1998)

LETTER dated 11/16/98 from Robert L. Herbst to Judge Lindsay re: response to Drinan's letter of ll/10/98... (Mierzewski, Liz) (Entered: 11/23/1998)

ORDER, extending time until 12/31/98 to file defts' motion for summary judgment ( signed by Judge Leonard D. Wexler ) dtd 1/5/99 cm (Mierzewski, Liz) (Entered: 01/05/1999)

ORDER, extending time until 12/22/98 for defts to move for summary judment ( signed by Judge Leonard D. Wexler ) dtd 1/6/99 cm (Mierzewski, Liz) (Entered: 01/06/1999)

ORDER, the application to extend time to submit the joint pretrial order is granted. Joint pretrial order to be submitted by 3/1/99. No further extensions will be granted. This case is to then be marked ready for trial ( signed by Magistrate Arlene R. Lindsay ) dtd 1/13/99 cm (Mierzewski, Liz) (Entered: 01/22/1999)

ORDER, extending time until 3/1/99 for reply brief in further support of motion for summary judgment and in opposition to pltff's partial cross motion for summary judgment ( signed by Judge Leonard D. Wexler ) dtd 2/25/99 cm (Mierzewski, Liz) (Entered: 03/01/1999)

MOTION by County Of Nassau for summary judgment , Motion hearing [76-1] motion (Mierzewski, Liz) (Entered: 03/02/1999)

MEMORANDUM by County Of Nassau in support of [76-1] motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

REPLY MEMORANDUM OF LAW by County Of Nassau in further [76-1] motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

Rule 56.1 Statement(formerly Rule 3(g) by County Of Nassau re: [76-1] motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

CROSS MOTION by Ray E. Shain for summary judgment , Motion hearing (Mierzewski, Liz) (Entered: 03/02/1999)

MEMORANDUM by Ray E. Shain in opposition to [80-1] cross motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

Rule 56.1 Statement(formerly Rule 3(g) by Ray E. Shain re: [80-1] cross motion for summary judgment (Mierzewski, Liz) (Entered: 03/02/1999)

ORDER, that this case is marked ready for trial and is returned to the District Court for final disposition. ( signed by Magistrate Arlene R. Lindsay ) dtd 3/2/99 cm (Mierzewski, Liz) (Entered: 03/04/1999)

PRETRIAL ORDER filed by pltff (unsigned) (Mierzewski, Liz) (Entered: 03/04/1999)

CASE NO LONGER REFERRED TO Magistrate-Judge Arlene R. Lindsay as per doc # 83 (Garcia, Maria) (Entered: 04/01/1999)

Calendar entry: Before Judge Wexler dtd 4/30/99 Case called for Motion for Summary Judgment. All parties present. Motion argued. Jury selection 5/7/99 @9:00. Trial 5/11/99. Motion granted as to False Arrest, Malicious Prosecution and abuse of process. Motion Denied as to excessive force. (Mierzewski, Liz) (Entered: 05/05/1999)

Calendar entry: Before Judge Wexler dtd 5/7/99 Case called for Jury selection. Jury selection held. Jury selected. Trial to commence on 5/17/99 @9:30. (Mierzewski, Liz) (Entered: 05/10/1999)

ORDER, that request that the court order a video deposition to be conducted this Thursday afternoon is denied. Discovery is closed. Trial to commence on 5/17/99 ( signed by Judge Leonard D. Wexler dated: 5/12/99 cm (Mierzewski, Liz) (Entered: 05/12/1999)

LETTER dated 5/14/99 from Paul Milius to Judge Wexler re: request that the Court grant defts permission to conduct a brief depositon of Vanterpoole Mtundo and Gardy Augustin, whom pltff indicated today that he will be calling as witnesses at trial. (Mierzewski, Liz) (Entered: 05/17/1999)

LETTER dated 5/14/99 from Robert Herbst to Judge Wexler re: response to defense counsel's May 14 letter, seeking leave to conduct discovery depositions during the trial. (Mierzewski, Liz) (Entered: 05/17/1999)

LETTER dated 5/16/99 from counsel for pltff to Judge Wexler re: request for an opportunity before opening statement to seek and obtain certain rulings in limine. (Mierzewski, Liz) (Entered: 05/17/1999)

LETTER dated 5/17/99 from counsel for defts. to Judge Wexler re: The motion in limine should be denied. (Mierzewski, Liz) (Entered: 05/17/1999)

Calendar entry: Before Judge Wexler dtd 5/17/99 Case called for Trial. Trial ordered and begun. Trial with jury. Court instructs jury. Trial continued to 5/18/99 @9:30. (Mierzewski, Liz) (Entered: 05/18/1999)

Calendar entry: Before Judge Wexler dtd 5/18/99 Case called for Trial. Trial resumed. Jury continued to 5/19/99 @9:30. (Mierzewski, Liz) (Entered: 05/18/1999)

Calendar entry: Before Judge Wexler dtd 5/19/99 Case called for Trial. Trial resumed. Counsel present. Pltff's motion for mistrial-granted as indicated on the record. Jury selection 6/4/99-Trial 6/14/99. (Mierzewski, Liz) (Entered: 05/27/1999)

ORDER granting in part, denying in part [80-1] cross motion for summary judgment ( signed by Judge Leonard D. Wexler , Dated 6/1/99) cm (Mierzewski, Liz) (Entered: 06/01/1999)