Case: Blissett v. Coughlin

Blissett v. Hernandez

U.S. Court of Appeals for the Second Circuit

ORDER REFERRING CASE to Magistrate Judge Edmund F. Maxwell ( signed by Judge John T. Elfvin ) (former empl) (Entered: 02/18/1992)

ORDER, granting Atty. Cohen's request to w/draw as counsel for pltf. and for Appointment of Counsel for pltf, Leigh E. Anderson, Esq. ( signed by Judge Richard J. Arcara ) Notice and copy of order sent to Douglas S. Cream, Robert F. Bensing, Stanley L. Cohen, Leigh E. Anderson, Esq. (former empl) (Entered: 02/18/1992)

ORDER, granting Dft. Comm'r Coughlin's mtn. for sum. jmt. & to Dismiss the case as to dft. Coughlin ( signed by Judge Richard J. Arcara ) Notice and copy of order sent to Douglas S. Cream, Leigh E. Anderson (former empl) (Entered: 02/18/1992)

Minute entry: status conf. held; reset Jury Selection for 10:00 7/14/92 , and reset final Pretrial Conference for 4:00 7/8/92 (former empl) (Entered: 02/25/1992)

Minute entry: reset Pretrial Conference for 7/8/92 (former empl) (Entered: 03/16/1992)

Minute entry: reset Jury Selection for 10:00 7/14/92 (former empl) (Entered: 03/16/1992)

PRETRIAL STATEMENT/MEMORANDUM by dfts' atty (former empl) (Entered: 06/24/1992)

Dfts' Proposed Voire dire questions (former empl) (Entered: 06/24/1992)

Dfts' Requested Jury instructions/Charges (former empl) (Entered: 06/24/1992)

Dfts' Witness list (former empl) (Entered: 06/24/1992)

Dfts' Exhibit list (former empl) (Entered: 06/24/1992)

WRIT of Habeas Corpus Ad Testificandum issued for Donovan Blissett on 7/7/92. (Orig'l & 1 Cert cpy to Marshal, 6 Cert cpies to AAG Douglas Cream, 1 cert cpy to Supt. Dean Riley of Fishkill Corr. Fac., & 1 cpy to pltf's atty.) (former empl) Modified on 06/24/1992 (Entered: 06/24/1992)

PRETRIAL STATEMENT/MEMORANDUM by atty for pltf Donavan Jack Richard Blissett (former empl) (Entered: 07/01/1992)

Pltf's EXHIBIT LIST (former empl) (Entered: 07/01/1992)

Pltf's atty's stipulation re: verdict shee submitted by dfts to be used at trial, and exceptions thereto. (former empl) (Entered: 07/01/1992)

Witness list by Donavan Jack Richard Blissett (former empl) (Entered: 07/01/1992)

Pltf's Requested Jury instructions/Charges (former empl) (Entered: 07/01/1992)

Proposed Voir dire questions by pltf Donavan Jack Richard Blissett (former empl) (Entered: 07/01/1992)

Minute entry: Final pretrial cnf. (former empl) (Entered: 07/13/1992)

Minute entry: Jury selection. Trial to commence 7/20/92. (former empl) (Entered: 07/14/1992)

Minute entry: Trial - adjourned generally. No appearance. (former empl) Modified on 09/24/1992 (Entered: 07/30/1992)

WRIT of Habeas Corpus Ad Testificandum issued for Donovan Blissett on 10/5/92 @ 9:30 a.m. (orig'l & 1 cert cpy to marshal, 2 cert cpy to atty gen'l, cert cpy to supt of Fishkill C. F., & 1 cpy to pltf's atty.) (former empl) Modified on 09/23/1992 (Entered: 09/23/1992)

AMENDED WRIT of Habeas Corpus Ad Testificandum issued for Donovan Blissett to be delivered to Erie Cnty Hold'g Ctr asap for trial 10/5/92, etc. (orig'l & 2 cert. cpy to Marshal, 4 cert. cpy to AG, 1 cert cpy to Wayne Strack, Supt. of Fishkill C.F., & 1 cpy to pltf's atty.) (former empl) Modified on 09/24/1992 (Entered: 09/24/1992)

LETTER dtd 9/24/92 from Leigh E. Anderson to Judge Marquez re: excusal of juror Russell Parry. (former empl) (Entered: 09/30/1992)

WRIT of Habeas Corpus Ad Testificandum re-issued for Donovan Blissett on 10/5/92. (orig'l & 1 cert cpy to Marshal, 2 cert cpy to atty gen'l, 1 cert cpy to Dean Riley, Supt of Fishkill C.F., & 1 cpy to pltf's atty.) (former empl) (Entered: 09/30/1992)

Minute entry: Trial resumes from 7/7/92; Doug Cream replaces Andrew Lipkind as counsel for dfts; l juror excused and replaced; testimony of witnesses held; trial adj to l0/6/92.-Marquez (mj) (Entered: 10/09/1992)

Minute entry: Meeting w/juror re: failure to appear for trial on l0/5/92; juror Heller excused from service. (mj) (Entered: 10/08/1992)

Minute entry: Trial continues; pltf rests; dfts move to dismiss complaint and mtn denied; trial adj to l0/7/92.-Marquez (mj) (Entered: 10/09/1992)

Minute entry: Trial resumes; witnesses for dfts; trial adj to l0/8/92.- Marquez (mj) (Entered: 10/09/1992)

JURY VERDICT for Donavan Jack Richard Blissett (attorneys to prepare final judgment for filing pursuant to chambers) (mj) (Entered: 10/09/1992)

STIPULATION and ORDER, re: naming remaining dfts, issues of fact remaining to be tried & exhibits, etc. signed by Judge Richard J. Arcara . Notice and copy of order sent to Douglas S. Cream, Leigh E. Anderson . (former empl) (Entered: 02/05/1993)

Minute entry: Trial resumes; dfts rest; dfts renew mtn to dismiss; motion denied; court charges jury; summations held; jury retires to deliberate; jury renders verdict in favor of pltf (judgment to be prepared by attorney).-Marquez (mj) (Entered: 10/09/1992)

Received Court exhibits 1 & 2 (mj) (Entered: 10/09/1992)

Return of service unexecuted as to J. R. Rafferty (mj) (Entered: 10/19/1992)

WRIT of Habeas Corpus Ad Testificandum returned executed (mj) (Entered: 12/10/1992)

STIPULATION and ORDER, to Dismiss complt as amended, w/ prejudice, as to dfts Coughlin, Hernandez, Harold Smith, Cochrane, McCellane, Rafferty, Bates, Watson, Doe, Downs, Magee, Wolcott & Mills a/k/a Miles, et al. & directing the clerk to enter jmt agnst Wm Bowen, Robt Clark, & David Smith jointly for $75,000 compensatory damages; Wm. Bowen for $5,000 punitive damages; Robt Clark for $10,000 punitive damages; David Smith for $10,000 punitive damages; & Wm. Bowen ($10,000), Edwin Helak ($5,000), & Howard Offhaus ($5,000) for punitive damages only on pltf's claim of confinement under conditions in violation of 8th amdmt rts. (signed by USDJ Alfredo C. Marquez) Notice and copy of stipulation/order sent to Douglas S. Cream, Leigh E. Anderson. (former empl) (Entered: 02/22/1993)

JUDGMENT on jury verdict (& with certain stipulations by the parties) (signed by USDJ Alfredo C. Marquez). Notice and copy of judgment sent to Douglas S. Cream, Leigh E. Anderson (former empl) (Entered: 02/22/1993)

Case closed (former empl) (Entered: 02/22/1993)

MOTION by Bowen, H Offhaus, Smith, E. F. Helak, R. J. Clark for New Trial (former empl) (Entered: 03/04/1993)

ORDER, pltf's Response to Motion set to 4/30/93 for dfts' [108-1] motion for New Trial , & Motion Hearing/oral argumt set for 9:00 5/13/93 for [108-1] motion for New Trial ( signed by Judge Richard J. Arcara ). Notice and copy of order sent to Douglas S. Cream, Leigh E. Anderson (former empl) (Entered: 03/26/1993)

NOTICE of affidavit in opposition to motion for trial de novo by pltf's atty (mj) (Entered: 05/04/1993)

ORDER directing that post trial motions are made returnable before District Judge Marquez, etc. ( signed by Judge Richard J. Arcara ) Notice and copy of order sent to Douglas S. Cream, Leigh E. Anderson (mj) (Entered: 05/04/1993)

TRANSCRIPT of trial held on l0/5/92 (mj) (Entered: 09/09/1993)

TRANSCRIPT of trial held on l0/6/93 (mj) (Entered: 09/09/1993)

TRANSCRIPT of trial held on l0/7/93 (mj) (Entered: 09/09/1993)

TRANSCRIPT of trial held on l0/8/92 (mj) (Entered: 09/09/1993)

ORDER, denying Plaintiff's request for Court to recind its Order of May 3, 1993. ( signed by USDJ Richard J. Arcara ) Notice and copy of order sent to Douglas S. Cream, Leigh E. Anderson, Robert F. Bensing, Stanley L. Cohen (SMO) (Entered: 12/03/1993)

NOTICE of attorney appearance for Donavan Jack Richard Blissett by Alan J. Bozer (JL) (Entered: 07/07/1994)

Mailed on 7/18/94 to Judge Alfredo Marquez (Tuscon, AZ), Clerk's file and certified copy of docket entries. Pursuant to Order of Judge Arcara, dated 4/30/93 (filed 5/3/93) the defendants' post-trial motion was to be returnable before visiting judge. (LK) (Entered: 07/18/1994)

Tele-conference held (Judge Marquez - Arizona). Court orders that the motion for new trial is denied. Court further grants a stay of execution of the judgment in this case. Counsel to prepare a formal order for approval by the Court. (LK) (Entered: 08/18/1994)

ORDER denying [108-1] motion for New Trial and defendants' motion to stay the execution of the judgment pending appeal is granted. (Judge Marquez (Arizona) Notice and copy of order sent to Douglas S. Cream, Alan J. Bozer, E. Anderson (LK) (Entered: 08/22/1994)

STIPULATION and ORDER, that the Clerk of the Wyoming County Court shall vacate the filing of the transcripts of judgment of the United States District Court, nunc pro tunc as of 7/11/94 and strike them from the judgment rolls . Notice and copy of order sent to Douglas S. Cream, Alan J. Bozer, Leigh E. Anderson and Wyoming County Court. (LK) (Entered: 08/22/1994)

NOTICE OF APPEAL by Bowen, H Offhaus, Smith, E. F. Helak, R. J. Clark . Fee Status: Paid $105.00 Receipt #50770 (copy mailed to E. Anderson, and to Clerk, USCA, with copy of docket entries) (USCA Forms C, C-A, and D given to D. Cream)(DR) Modified on 09/15/1994 (Entered: 09/14/1994)

AMENDED NOTICE OF APPEAL by Bowen, H Offhaus, Smith, E. F. Helak, R. J. Clark . Fee Status: Fee Not Paid (copy mailed to L. Anderson, and to Clerk, USCA, with copy of docket entries) (DR) (Entered: 09/16/1994)

Received USCA Scheduling Order Re: [121-1] appeal by R. J. Clark, E. F. Helak, Smith, H Offhaus, Bowen USCA NUMBER: 94-2527 Appeal record due on 10/19/94 (JBG) (Entered: 09/28/1994)

Received Exhibits from D. Cream (DR) (Entered: 09/29/1994)

TRANSCRIPT of proceedings held before Judge Arcara on 7/7/92 (24 pages) (DR) (Entered: 10/19/1994)

Certified and transmitted record on appeal to U.S. Court of Appeals: [121-1] appeal by R. J. Clark, E. F. Helak, Smith, H Offhaus, Bowen (DR) (Entered: 10/28/1994)

OPINION and JUDGMENT OF USCA (certified copy) Re: [121-1] appeal by R. J. Clark, E. F. Helak, Smith, H Offhaus, Bowen, [120-1] appeal by R. J. Clark, E. F. Helak, Smith, H Offhaus, Bowen affirming the Judgment of District Court (DR) (Entered: 10/20/1995)

Statement of costs of the USCA taxed in the amount of $226.30 in favor of appellee Donovan J. R. Blisset (DR) (Entered: 10/20/1995)

MOTION by attorney for Donavan Jack Richard Blissett for Attorney Fees with attached attorney affidavit and declaration. (DLC) (Entered: 10/31/1995)

AFFIDAVIT by Assistant Attorney General in opposition to [125-1] motion for Attorney Fees by Donavan Jack Richard Blissett. (DLC) (Entered: 11/02/1995)

ORDER, making the Mandate of the USCA the Judgment of this Court ( signed by USDJ Richard J. Arcara ) Notice and copy of order sent to Douglas S. Cream, Alan J. Bozer, Leigh E. Anderson, Robert F. Bensing, Stanley L. Cohen (DR) (Entered: 11/06/1995)

REPLY MEMORANDUM by attorney's for Donavan Jack Richard Blissett in support of [125-1] motion for Attorney Fees. (DLC) (Entered: 11/15/1995)

AFFIDAVIT by Thomas Moll, Esq., in support of [125-1] motion for Attorney Fees for Leigh Anderson, Esq. (DLC) (Entered: 11/15/1995)

REPLY AFFIDAVIT Leigh Anderson attorney for plaintiff Re: [126-1] opposition affidavit by defendant's. (DLC) (Entered: 11/15/1995)

REPLY AFFIDAVIT by Alan Bozer attorney for plaintiff Re: [126-1] affidavit in opposition by defendant's. (DLC) (Entered: 11/15/1995)

ORDER OF USCA (certified copy) granting plaintiff-appellee's motion for fees in the amount of $17,207.50 and costs in the amount of $744.44 for a total of $17,951.94 (DR) (Entered: 12/13/1995)

AFFIDAVIT by Alan Bozer, Esq. for plaintiff regarding attorney fees. (JMD) (Entered: 12/20/1995)

Status conference/Oral argument on plaintiff's motion for award of attorney's fees before Judge Arcara is set at 9:00 on 2/6/96. (DLC) (Entered: 02/01/1996)

ORDER granting plaintiff's counsel [125-1] motion for Attorney Fees and costs and awards attorney Leigh Anderson attorney's fees and costs in the amount of $23,700.00 and the law firm of Albrecht, Maguire, Heffern & Gregg, P.C., attorneys' fees and costs of $482.10. The Clerk of the Court is hereby ordered to enter a judgment. (Signed by USDJ Richard J. Arcara). Notice and copy of order sent Douglas S. Cream, Leigh E. Anderson. (DLC) (Entered: 02/21/1996)

Record on appeal returned from U.S. Court of Appeals: [121-1] appeal by R. J. Clark, E. F. Helak, Smith, H Offhaus, Bowen, [120-1] appeal by R. J. Clark, E. F. Helak, Smith, H Offhaus, Bowen (DR) (Entered: 04/17/1996)