Case: Wachtler v. County of Herkimer

Wachtler v. West Winfield

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed; (filed w/USDC/District of Columbia 8-06-91) ; Service deadline 1/17/92 for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield (pta) (Entered: 11/19/1991)

CERTIFICATE OF SERVICE by Stephen J. Wachtler of Complaint by mail on 9- 17-91 and personally upon Atty General of State of NY 9-17-91 (pta) (Entered: 11/19/1991)

DEFTS MOTION by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps to Transfer Case to USDC ND/NY and Memorandum (Motion made w/USDC District of Columbia and heard) (pta) (Entered: 11/19/1991)

ANSWER to Complaint by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps (Attorney Francis H. Foley) (filed w/USDC District of Columbia 10-11- 91) (pta) (Entered: 11/19/1991)

ANSWER to Complaint and COUNTERCLAIM by Chuck's Towing, Charles Furner (Attorney John F. Klucsik, Esq. ) against Stephen J. Wachtler (filed w/USDC District of Columbia on 10-15-91) (pta) (Entered: 11/19/1991)

ORDER, to Show Cause for 10-29-91 ( USDC Michael Boudin, USDC District of Columbia dd 10-16-91) (pta) (Entered: 11/19/1991)

DEFTS NOTICE of Change of Address of Francis H. Foley, Esq. for Defts County of Herkimer, Panko, Jones, House, Allan and Epps (filed w/USDC District of Columbia 10-29-91) (pta) (Entered: 11/19/1991)

ORDER ; granting [3-1] motion to Transfer Case to USDC ND/NY ( dd 10-31-91 of UDSC Judge Michael Boudin, USDC District of Columbia) (pta) (Entered: 11/19/1991)

COPY DOCKET SHEET OF USDC DISTRICT OF COLUMBIA DD 11-13-91 (pta) (Entered: 11/19/1991)

Case transferred in from USDC District of Columbia (bjw) (Entered: 11/18/1991)

COURT NOTICE requesting Rule 16 Stipulation be filed no later than 2-17-92 [sent Rule 16 packet] (pta) (Entered: 01/31/1992)

Deadline updated; reset Proposed Rule 16 Stipulation Deadline to 2/17/92 for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield (pta) (Entered: 01/31/1992)

DEFT LETTER NOTICE dd 2-03-92 of attorney appearance for Chuck's Towing, Charles Furner by Frank A. Bersani in place of John f. Klucsik (pta) (Entered: 02/04/1992)

COURT NOTICE to Pro Se Pltf to request Entry of Default as to Defts West Winfield, Greene, Schlesier & Tw Columbia - ONLY and need proof of service upon Mary Roe, VII (pta) (Entered: 02/04/1992)

ORDER REFERRING CASE to Magistrate Judge Ralph W. Smith for All PT Purposes (dd 2-07-92 signed by Judge Thomas J. McAvoy ) (pta) (Entered: 02/07/1992)

Scheduling Notice: set Rule 16 Conference for 11:00 3/9/92 Atty Bersani would prefer to appear by telephone, he is to advise chambers. (rzh) (Entered: 02/28/1992)

REQUEST of Pltf for Leave to file an amended complaint (rzh) (Entered: 03/10/1992)

ORDER granting [15-1] Pltf's Request for Leave to file an Amended Complaint (signed by Judge Ralph W. Smith) (rzh) (Entered: 03/10/1992)

AMENDED COMPLAINT by Stephen J. Wachtler , Answer due 3/19/92 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , Service deadline 5/8/92 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , amends [1-1] complaint (rzh) (Entered: 03/10/1992)

Rule 16 Conference held; agreed that Pltf. be granted an opportunity to file an amended complaint. Pre-Trial Order will be issued after service of answers to the amended complaint (fce) (Entered: 03/13/1992)

ORDER, to Substitute Attorney terminated attorney Francis Hubert Foley for Epps, attorney Francis Hubert Foley for Allan, attorney Francis Hubert Foley for House, attorney Francis Hubert Foley for Nancy Jones, attorney Francis Hubert Foley for Panko, Sgt., attorney Francis Hubert Foley for Herkimer,County of Added Timothy Horigan ( signed by Magistrate Judge Ralph W. Smith ) (fce) (Entered: 03/13/1992)

ANSWER to Complaint by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff (Attorney John Pennock), (plp) (Entered: 03/26/1992)

ANSWER by Gary L. Greene, Harry C. Schlesier (Attorney Terrence X. Tracy) to amended complaint (pta) (Entered: 04/07/1992)

MOTION by West Winfield to Dismiss , for Sanctions , Hearing set for 9:30 5/7/92 , Response Deadline 4/23/92 , Reply to Response Deadline 4/30/92; Supporting Affidavit (rzh) (Entered: 04/08/1992)

ANSWER to complaint and CROSSCLAIM by Town/West Winfield (Attorney Francis E. Lehner) against West Winfield, Herkimer,County of, Gary L. Greene, Harry C. Schlesier, Panko, Sgt., Nancy Jones, House, Allan, Epps, Chuck's Towing, Columbia, Town of, Mary Roe VII, Charles Furner, Daniel B. Reardon, Herkimer Sheriff (cbm) (Entered: 04/09/1992)

INTERROGATORIES propounded by Town/West Winfield to Stephen J. Wachtler (cbm) (Entered: 04/09/1992)

REQUEST for Production of Documents by Town/West Winfield (cbm) (Entered: 04/09/1992)

AMENDED ANSWER to Complaint and COUNTERCLAIM by Chuck's Towing, Charles Furner (Attorney Frank A. Bersani) against J. Wachtler dd 4-09-92 (pta) (Entered: 04/13/1992)

LETTER to Mag Smith from Stephen Wachtler re: dismissing Deputy Jones from case (fce) (Entered: 05/20/1992)

ORDER; granting [21-1] motion to Dismiss [21-2] motion for Sanctions under advisement, set Discovery deadline to 10/30/92 , and set Motion Filing deadline to 11/30/92 Action is dismissed as to deft NANCY JONES ( signed by Magistrate Judge Ralph W. Smith ) [Sanctions Motion - moot see terms of Order #27] (fce) Modified on 09/30/1993 (Entered: 05/27/1992)

Atty Applegate ltr to court dd 6/26/92 inquiring as to status of this action (plp) (Entered: 07/02/1992)

Uniform Pretrial Order; Trial Ready by: 4/2/93; Length of Trial 1 days; Trial Location: Albany; Joining of Parties Deadline 8/3/92 ; Amending of Pleadings Deadline 8/3/92 ; Discovery Deadline 12/2/92 ; Motion Filing Deadline 2/2/93 ; Jury Trial Deadline 9:30 4/13/93 ; ( Signed by: Magistrate Judge Ralph W. Smith ) (fce) (Entered: 07/10/1992)

INTERROGATORIES propounded by Stephen J. Wachtler and exhibits (fce) (Entered: 07/29/1992)

Confirmation of Original Deposition Papers by Stephen Wachtler (fce) (Entered: 08/10/1992)

DEFTS MEMORANDUM by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff in support of [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 (pta) (Entered: 08/28/1992)

DEFTS Rule 10J Statement in Support of [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 filed by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Sheriff w/PROPOSED ORDER (pta) (Entered: 08/28/1992)

DEFTS Exhibit list w/C to I in support of Motion for Judgment on Pleadings and/or S.J. by Herkimer, County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff (pta) (Entered: 08/28/1992)

COURT NOTICE placing Defts Motion for Judgment on Pleadings and/or S.J. on 10-13-92 MC [noticed for 10-12-92 HOLIDAY] (pta) (Entered: 08/28/1992)

MEMORANDUM and Proposed Order by Stephen J. Wachtler in opposition to [32- 1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 (wbl) (Entered: 09/16/1992)

AFFIDAVIT by Stephen J. Wachtler Re: [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92, and Statement of Uncontroverted Facts by Stephen J. Wachtler. (wbl) Modified on 09/16/1992 (Entered: 09/16/1992)

DEFTS MOTION by Chuck's Towing, Charles Furner for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 , Affidavit John P. Sidd (Exhibit A); Exhibits B to D; Hearing set for 10:00 a.m. in Albany NY on Tuesday, 10/13/92 , Response Deadline 9/28/92 , Reply to Response Deadline 10/5/92 (pta) (Entered: 09/16/1992)

DEFTS MEMORANDUM by Chuck's Towing, Charles Furner in support of [38-1] motion for Judgment on the Pleadings FRCP 12(c) or alternative for S.J. FRCP 56 (pta) (Entered: 09/16/1992)

DEFTS RULE 10(C) STATEMENT (AFFIDAVIT) by Chuck's Towing, Charles Furner Re: [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 (pta) (Entered: 09/16/1992)

DEFTS AFFIDAVIT (RESPONSE) Carrie McLoughlin by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff in opposition to Pltf Cross Motion for S.J. and request for sanctions (pta) (Entered: 09/30/1992)

DEFTS MEMORANDUM and Proposed Order by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff in opposition to Pltf Cross Moton for Summary Judgment and Sanctions (pta) (Entered: 09/30/1992)

COURT Scheduling Notice:, Motion Hearing re-set for 10:00 a.m. in Albany NY on 11/9/92 re: [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56,: re: [32-1] motion , or in alternative, re: [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; [Adj fr 10-13 MC, no opposition papers] (pta) (Entered: 10/06/1992)

MEMORANDUM(Amended) by Stephen J. Wachtler in support of [37-1] opposition memorandum (wbl) (Entered: 10/06/1992)

MOTION by Town/West Winfield to Dismiss pursuant FRCP 12(c) , Affidavit Francis E. Lehner; Hearing set for 10:00 a.m. in Albany NY on 11/9/92 , Response Deadline 10/26/92 , Reply to Response Deadline 11/2/92 (pta) (Entered: 10/16/1992)

DEFT MEMORANDUM by Town/West Winfield in support of [45-1] Town/West Winfield motion to Dismiss pursuant FRCP 12(c) w/PROPOSED ORDER (pta) (Entered: 10/16/1992)

MINUTES OF 10/13/92 MOTION CALENDAR: No Appearances; Defts Motion for Judgment on Pleadings in Favor of Defts or alternatively for Summary Judgment in Favor of Defts [31-1, 31-2] -- ADJOURNED TO 11/9/92 IN ALBANY DUE TO LACK OF OPPOSITION , Defts Furner & Chuck's Towing Motion for an order granting Judgment on Pleadings in Favor of Defts; or alternatively for Summary Judgment in favor of Defts [38-1] -- ADJOURNED TO 11/9/92 IN ALBANY DUE TO LACK OF OPPOSITION (plp) Modified on 09/30/1993 (Entered: 10/22/1992)

DEFTS RESPONSE by Herkimer,County of, Panko, Sgt., Nancy Jones, House, Allan, Epps, Daniel B. Reardon, Herkimer Sheriff re: no opposition to [38-1] Defts Furner and Chuck's Towing motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 (pta) (Entered: 10/19/1992)

DEFTS LETTER RESPONSE dd 10-19-92 by Chuck's Towing, Charles Furner re: do not oppose the [32-2] motion for S.J.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to Response Deadline 10/6/92 (pta) (Entered: 10/20/1992)

RESPONSE by Stephen J. Wachtler to [45-1] motion to Dismiss pursuant FRCP 12 (c) (fce) (Entered: 11/05/1992)

DEFT LETTER RESPONSE dd 11-02-92 by Town/West Winfield to [38-1] Deft Chuck's Towing & Furner motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56, [32-2] County of Herkimer, etc. motion ; Hearing re- set for 10:00 a.m. 11-09 MC in Albany NY - (Request be taken on SUBMIT) (pta) (Entered: 11/05/1992)

Motion hearing 11-09-92 re: [45-1] motion to Dismiss pursuant FRCP 12(c) , [38-1] motion for Judgment on Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 , [32-1] motion , or in alternative (pta) (Entered: 11/19/1992)

ATTY McLAUGHLIN Letter dd 11-13-92 re: decision on Motions held 11-09-92 w/PROPOSED ORDER (pta) (Entered: 11/17/1992)

Minute entry:, MOTION CALENDAR Held 11-09-92 Albany NY Appearances: M. Lomonaco, CR; Stephen J. Wachtler, Pro Se Pltf; Carrie McLaughlin for Defts Cty of Herkimer, Sgt Panko, House, Allans, Epps, Reardon & Herkimer Sheriff; John Sidd for Defts Chuck's Towing & Furner; David Winans for Deft Town of Winfield 1) Defts Motion for Judgment on Pleadings FRCP 12c in favor of Defts [32-1]; or alternatively for S.J. in favor of Defts FRCP 56b [32-2] - GRANTED w/o prej. 2) Defts Furner & Chucks Towing Motion for an Order FRCP 12c granting Judgment on Pleadings in favor of Defts or alternatively, for S.J. FRCP 56 in favor of Defts [38-1] - GRANTED w/o prej. 3) Deft Town of Winfield (Town of W. Winfield) Motion to Dismiss FRCP 12c [45-1] - GRANTED w/o prej. *Court treats all 12(c) motions as motions pursuant to 12(b). Pltf is granted leave to replead his complaint w/specificity within 60 days (to include state law claims). Cross motions by Pltf were not addressed because they did not comply w/rules of the Court and , after Court's decision, there was'nt anything left to move against. (pta) (Entered: 11/19/1992)

ORDER; that Defts Motions pursuant FRCP 12(c) will be tre ated by Court as Motions pursuant FRCP 12(b)(6); AND that Pltf Complaint is dismissed w/o prej. against said Defts AND that Pltf shall have 60 days from date of Order for leave to amend said complaint ( granting [45-1] motion to Dismiss pursuant FRCP 12(c) granting [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56 granting [32-1] motion , or in alternative granting [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; (dd 11-17-92 signed by Judge Thomas J. McAvoy ) (pta) Modified on 01/28/1993 (Entered: 11/20/1992)

AMENDED COMPLAINT by Stephen J. Wachtler , Answer due 1/19/93 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Town/West Winfield, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , Service deadline 3/9/93 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Town/West Winfield, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield , amends [17-1] amended complaint (fce) (Entered: 01/21/1993)

MEMORANDUM by Stephen J. Wachtler in support of [55-1] amended complaint, [54-1] order, [53-1] miscellaneous MOTION CALENDAR Held 11-09-92 Albany NY, [53-2] miscellaneous, [52-1] remark, [0-0] motion hearing, [51-1] motion response, [50-1] motion response, [0-0] deadline terminate, [48-1] motion response, [47-1] motion response, [49-1] miscellaneous Defts Motion for Judgment on Pleadings in Favor of Defts or alternatively for Summary Judgment in Favor of Defts [31-1, 31-2] -- ADJOURNED TO 11/9/92 IN ALBANY DUE TO LACK OF OPPOSITION, [49-2] miscellaneous Defts Furner & Chuck's Towing Motion for an order granting Judgment on Pleadings in Favor of Defts; or alternatively for Summary Judgment in favor of Defts [38-1] -- ADJOURNED TO 110/9/92 IN ALBANY DUE TO LACK OF OPPOSITION, [49-3] miscellaneous, [46-1] support memorandum, [45-1] motion to Dismiss pursuant FRCP 12(c), [44-1] support memorandum, [43-1] notice Motion Hearing re-set for 10:00 a.m. in Albany NY on 11/9/92 re: [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56,: re: [32-1] motion , or in alternative, re: [32-2] motion , Affidavit John H. Pennock, Jr., Esq.;, [43-2] relief, [42-1] opposition memorandum, [41-1] opposition response, [40-1] affidavit, [39-1] support memorandum, [38-1] motion for Judgment on the Pleadings FRCP 12(c) or in alternative for S.J. FRCP 56, [37-1] affidavit, [37-1] opposition memorandum, [36-1] notice, [35-1] exhibits list, [34-1], [33-1] support memorandum, [32-1] motion , or in alternative, [32-2] motion , Affidavit John H. Pennock, Jr., Esq.; Hearing set for 10:00 a.m. TUESDAY, 10/13/92 , in Albany NY; Response Deadline 9/29/92 , Reply to order uniform pretrial, [28-1] remark, [0-0] party terminate, [0-0] party terminate, [27-1] order set Discovery deadline to 10/30/92, [27-2] relief set Motion Filing deadline to 11/30/92, [27-3] relief, [26-1] remark, [25-1] answer, [25-2] counter claim, [0-0] deadline terminate, [21-1] motion to Dismiss, [21-2] motion for Sanctions, [24-1] produce requested, [23-1] interrogatory(s) requested, [22-1] answer, [22-2] cross claim, [20-1] complaint answer, [19-1] answer, [18-1] order to Substitute Attorney terminated attorney Francis Hubert Foley for Epps, attorney Francis Hubert Foley for Allan, attorney Francis Hubert Foley for House, attorney Francis Hubert Foley for Nancy Jones, attorney Francis Hubert Foley for Panko, Sgt., attorney Francis Hubert Foley for Herkimer,County of Added Timothy Horigan, [18-2] relief, [17-1] amended complaint, [0-0] party add, [16-1] order, [15- 1] remark, [0-0] status conference, [14-1] relief set Rule 16 Conference for 11:00 3/9/92, [13-1] referral/referred order, [12-1] notice, [0-0] attorney terminate, [11-1] appear/appearance notice, [0-0] relief reset Proposed Rule 16 Stipulation Deadline to 2/17/92 for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield, [10-1] notice, [0-0] attorney add, [0-0] attorney add, [0-0] deadline terminate, [0-0] party terminate, [0-0] remark, [9-1] remark, [8-1] order, [7-1] notice, [6-1] order to Show Cause for 10-29-91, [6-2] relief, [5-1] answer, [5-2] counter claim, [0-0] party add, [4-1] answer, [3-1] motion to Transfer Case to USDC ND/NY, [2-1] service certificate, [1-1] complaint (fce) (Entered: 01/21/1993)

ACKNOWLEDGEMENT OF SERVICE as to West Winfield, Herkimer,County of, Gary L. Greene, Harry C. Schlesier, Panko, Sgt., Nancy Jones, House, Allan, Epps, Chuck's Towing, Columbia, Town of, Mary Roe VII, Charles Furner, Town/West Winfield, Daniel B. Reardon, Herkimer Sheriff, John Doe on 1/8/93 : Answer due on 1/28/93 for John Doe, for Herkimer Sheriff, for Daniel B. Reardon, for Town/West Winfield, for Charles Furner, for Mary Roe VII, for Columbia, Town of, for Chuck's Towing, for Epps, for Allan, for House, for Nancy Jones, for Panko, Sgt., for Harry C. Schlesier, for Gary L. Greene, for Herkimer,County of, for West Winfield (fce) (Entered: 01/25/1993)

ANSWER by John F. Skinner to amended complaint (fce) (Entered: 02/05/1993)

ATTY McLoughlin Letter dd 1-26-93 w/request Court reconsider previous Motion to Dismiss [counsel advised to submit new motion, per Chambers/JC] (pta) (Entered: 01/28/1993)

ANSWER to Amended Complaint by County of Herkimer, Jacquelyn M. Asnoe, Sgt. Panko, Cpl. House, Deputy Allan, and Deputy Epps (Attorney Carrie McLoughlin); Reply Affidavit in support of Complaint; Reply to Brief/Affidavit in support of Complaint (pta) Modified on 02/19/1993 (Entered: 01/28/1993)

ANSWER to Complaint and COUNTERCLAIM by Chuck's Towing, Charles Furner (Attorney John P. Sidd) against Stephen J. Wachtler (pta) (Entered: 02/01/1993)

ANSWER by Gary L. Greene, Harry C. Schlesier (Attorney, Terrence X. Tracy, AAG ) to amended complaint (pta) (Entered: 02/19/1993)

ANSWER by Stephen J. Wachtler to [60-2] counter claim of Chuck's Towing & Collision Service and Charles Furner (pta) (Entered: 03/03/1993)

ATTY McLOUGHLIN Letter Request dd 3-18-93 that a new Uniform Pretrial Scheduling Order be issues [prev issued 7-09-92] [On 3/24/93, CRD Ligas notified atty to submit prop. stip and good cause shown affidavit ASAP and that trial remains scheduled for 4/13/93 unless advised otherwise by the Court](pta) Modified on 03/24/1993 (Entered: 03/22/1993)

DEFTS AFFIDAVIT Carrie McLoughlin, Esq. by Herkimer,County of, Panko, Sgt., House, Allan, Epps, Jacquelyn M. Asnoe Re: in support of Stipulation to extend dates (pta) (Entered: 03/26/1993)

Rule 16 Scheduling Order Issued. Ready for trial by 9/07/93, Joining of Parties Deadline 4/30/93 ; Amending of Pleadings Deadline 4/30/93 ; Discovery Deadline 5/28/93 ; Motion Filing Deadline 6/30/93 ( Signed by Judge Thomas J. McAvoy dd 3-26-93 ) (pta) (Entered: 03/26/1993)

AMENDED Uniform Pretrial Order; Trial Ready by: 9/07/93; Length of Trial 1 days; Trial Location: Albany NY; Joining of Parties Deadline 4/30/93 ; Amending of Pleadings Deadline 4/30/93 ; Discovery Deadline 5/28/93 ; Motion Filing Deadline 6/30/93 ; Jury Trial Deadline 9:30 9/14/93 (dd 3-29-93 Signed by: Judge Thomas J. McAvoy ) (pta) (Entered: 03/30/1993)

DEFT NOTICE of Dismissal by West Winfield by 11-17-92 Order and to remove Lehner Law Firm from docket (pta) (Entered: 04/05/1993)

AFFIDAVIT by Herkimer,County of, Panko, Sgt., House, Allan, Epps, Jacquelyn M. Asnoe Re: in support of co-Defts Stipulation to Amend PT Order (pta) Modified on 09/30/1993 (Entered: 04/05/1993)

ATTY McLoughlin Noll Letter Request to adjourn 9-14-93 trial for the following week, due to their trial schedule dd 4-19-93 (pta) (Entered: 04/21/1993)

ORDER ; denying Atty McLoughlin Noll Request to adjourn 9-14-93 Trial Date - [70-1] remark (dd 4-23-93 signed by Judge Thomas J. McAvoy ) (pta) (Entered: 04/23/1993)

DEFTS MOTION by County of Herkimer, Sgt. Panko, House, Allan, Epps, Jacquelyn M. Asnoe by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts , or alternative by County, Panko, House, Allan, Epps, Asnoe for Summary Judgment FRCP 56 in favor of said Defts , Hearing set for 10:00 8/9/93 , Response Deadline 7/26/93 , Reply to Response Deadline 8/2/93 Motion returnable before Judge/Mag. Judge: McAvoy (pta) (Entered: 06/30/1993)

DEFTS Rule 10J Statement in Support of [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts, [72-2] motion for Summary Judgment FRCP 56 in favor of said Defts w/PROPOSED ORDER (pta) (Entered: 06/30/1993)

DEFTS Exhibit List w/ AFFIDAVIT by Carrie McLoughlin Noll, Esq. (Exhibit A); Memorandum of Law (Exhibit B); Exhibits C to K; in support of Re: [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts, [72-2] motion for Summary Judgment FRCP 56 in favor of said Defts (pta) (Entered: 06/30/1993)

DEFTS MOTION by Chuck's Towing, Charles Furner by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6) , alternative by Chuck's and Furner for Summary Judgment FRCP 56 , Affidavit John P. Sidd (Exhibit A); Exhibits B to D; set for 10:00 a.m. in Albany NY on 8/9/93 , Response Deadline 7/26/93 , Reply to Response Deadline 8/2/93 Motion returnable before Judge/Mag. Judge: McAvoy (pta) (Entered: 06/30/1993)

DEFTS Rule 10J Statement in Support of [75-1] motion by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6), [75-2] for Summary Judgment FRCP 56 filed by Chuck's Towing, Charles Furner (pta) (Entered: 06/30/1993)

MOTION by Gary L. Greene, Harry C. Schlesier for Summary Judgment , Hearing set for 8/9/93 , Response Deadline 7/26/93 , Reply to Response Deadline 8/2/93 Motion returnable before Judge/Mag. Judge: McAvoy (fce) (Entered: 07/06/1993)

Rule 10J Statement in Support of [79-1] motion for Summary Judgment filed by Gary L. Greene, Harry C. Schlesier (fce) (Entered: 07/06/1993)

AFFIDAVIT by Terrence X. Tracy for Gary L. Greene, Harry C. Schlesier Re: [79- 1] motion for Summary Judgment (fce) (Entered: 07/06/1993)

MEMORANDUM by Gary L. Greene, Harry C. Schlesier in support of [79-1] motion for Summary Judgment (fce) (Entered: 07/06/1993)

ORDER REFERRING CASE to Magistrate Judge Daniel Scanlon Jr. for discovery/settlement (dd 7-02-93 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 07/02/1993)

MEMORANDUM by Stephen J. Wachtler in opposition to [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts (fce) (Entered: 07/26/1993)

AFFIDAVIT by Stephen J. Wachtler Re: [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts (fce) (Entered: 07/26/1993)

Rule 10J Statement in Support of [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts filed by Stephen J. Wachtler (fce) (Entered: 07/26/1993)

COURT Scheduling Notice:, Motion Hearing re-set for 10:00 a.m. in Albany NY before Judge McAvoy on 9/13/93 re: [75-1] motion by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6), re: [75-2] motion by Chuck's and Furner for Summary Judgment FRCP 56, re: [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) due that amended complaint fails to state a claim against these Defts, re: [72-2] motion by County, Panko, House, Allan, Epps, Asnoe for Summary Judgment FRCP 56 in favor of said Defts, re: [79-1] motion for Summary Judgment , Response to Motion reset to 8/30/93 , Reply to Response to Motion reset to 9/7/93 - FINAL ADJOURNMENT [adj fr 8-09-93 MC] (pta) (Entered: 07/28/1993)

VILLAGE OF WEST WINFIED Atty Applegate Letter dd 7-26-93 requesting it is no longer necessary to provide him w/copies of documents (pta) Modified on 09/30/1993 (Entered: 07/28/1993)

DEFTS AFFIDAVIT by Carrie McLoughlin Noll, Esq. on behalf of Herkimer,County of, Panko, Sgt., House, Allan, Epps, Jacquelyn M. Asnoe as opposition to Re: Pltf Cross-motion for summary judgment and sanctions (pta) (Entered: 08/02/1993)

Minute entry:, MOTION CALENDAR HELD 8-09-93 ALBANY NY Appearances: Court Reporter/ECRO: V. Theleman; No Counsel. 1) Deft Furner & Chuck's Motion for Judgment on Pleadings or for S.J. [75-1 & 75-2] 2) Defts Herkimer County, Panko, House, Allen, Epps & Asnoe Motion to Dismiss or for S.J. [72-1 & 72-2] 3) Deft Schlesier Motion for S.J. [79-1] ADJOURNED UNTIL 9-13-93 IN ALBANY NY (pta) (Entered: 08/11/1993)

MOTION by John F. Skinner to Dismiss , or for Summary Judgment Motion returnable before Judge/Mag. Judge: McAvoy (tjm) (Entered: 08/26/1993)

MEMORANDUM by John F. Skinner in support of [86-1] motion to Dismiss (tjm) (Entered: 08/26/1993)

Scheduling Notice: set Motion Hearing set for 10:00 9/13/93 in Albany re: [86-1] motion to Dismiss, set for 10:00 9/13/93 in Albany re: [86-2] motion for Summary Judgment , Response to reset to 8/30/93 for [86-1] motion to Dismiss, reset to 8/30/93 for [86-2] motion for Summary Judgment , Reply to Response to Motion reset to 9/7/93 for [86-1] motion to Dismiss, reset to 9/7/93 for [86-2] motion for Summary Judgment (tjm) (Entered: 08/26/1993)

RESPONSE and CROSS-MOTION with Proposed Order by Stephen J. Wachtler, by Wachtler for Summary Judgment Nunc Pro Tunc FRCP 56 , Affirmation Stephen J. Wachtler; AND will rely on previous submitted Affirmation/Rule 10j /Exhibits / Memorandum dd 7-23-93; Response Deadline 9-07-93 re: Defts Motion to Dismiss or Summary Judgment. (pta) (Entered: 08/27/1993)

County of Herkimer Atty McLoughlin ltr/RESPONSE to Pltf [89-2] motion (plp) (Entered: 09/03/1993)

Letter MOTION of AAG Tracy dd 9-08-93 on behalf of Troopers Gary L. Greene, Harry C. Schlesier by Greene & Schlesier for Adjournment of 9-14-93 Jury Trial Date , Hearing set for at 9/13/93 at 10:00 a.m. (pta) (Entered: 09/09/1993)

ATTY McLoughlin Noll Letter dd 9-08-93 re: qualified immuniity issue pending on 9-13-93 MC and not submitting PT papers (pta) (Entered: 09/10/1993)

Motion hearing re: [89-2] motion, [86-1] motion to Dismiss [86-2] motion for Summary Judgment [75-1] motion by Chuck's and Furner for Judgment on the Pleadings FRCP 12(b)(6) [75-2] motion by Chuck's and Furner for Summary Judgment FRCP 56 [72-1] motion by County, Panko, House, Allan, Epps, Asnoe to Dismiss FRCP 12(b)(6) [72-2] motion by County, Panko, House, Allan, Epps, Asnoe for Summary Judgment FRCP 56 in favor of said Defts [79-1] motion for Summary Judgment (pta) (Entered: 09/17/1993)