Case: Kahler v. Rensselaer County

Bruce v. County of Rensselaer

Kahler v. County of Rensselaer, et al

Kahler v. County of Rensselaer, et al

Kahler v. County of Rensselaer

Kahler v. County of Rensselaer, et al

Kahler v. County of Rensselaer

Kahler v. County of Rensselaer

Kahler v. County of Rensselaer

SUMMONS(ES) issued for County of Rensselaer, Rensselaer Sheriffs, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, John & Jane Does (wbl) (Entered: 06/28/2002)

Filing Order Issued; Conference set before Magistrate Judge David R. Homer in Albany, Status Conference at 9:30 10/22/02 , Deadline for filing Case Management Plan, 10/7/02 , ADR Track Case. (wbl) (Entered: 06/28/2002)

ANSWER to Complaint by County of Rensselaer, Rensselaer Sheriffs, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, John & Jane Does (Attorney Thomas J. O'Connor), (pta) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 07/25/2002)

Proposed Joint Civil Case Management Plan Submitted. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 10/21/2002)

ORDER TO SHOW CAUSE: why defts. should not be compelled to obtain separate counsel . (Signed by Magistrate Judge David R. Homer on 10/23/02) (fce) (Entered: 10/24/2002)

ORDER set Discovery deadline to 3/3/03 concerning class certification and p.i. relief ; set Motion Filing deadline to 4/1/03 concerning a motion for class certification and for p.i. relief; any response to such motion is to be filed by 5/1/03, reply papers are due 5/15/03 and any such motion is returnable 6/9/03 @10:00 . ( signed by Magistrate Judge David R. Homer on 10/22/02) (fce) (Entered: 10/24/2002)

Minute entry: Status Conf. held b/f USMJ Homer; Length of conf. was :25; appr. by B. Keach and J. Roach for Bruce and T. O'Connor for Co. of Renss.; no dates extended; case is not trial ready; a further conf. to be held to est. a schedule for case completion after the motion for p.i. and class certification is decided. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 10/29/2002)

Status conference held (fce) (Entered: 10/29/2002)

ORDER that the City of Troy Police Dept. records relating to the 11/12/01 arrest of pltf. be unsealed for review & copy by counsel; City of Troy Police Dept. records relaing to the 4/29/00 arrest of Miller be unsealed for use by counsel; and that in accordance w/FRCP 26(c), all files prod. pursuant to this order shall not be disclosed to any one other than counsel to this case. (signed by Magistrate Judge David R. Homer on 10/31/02) (fce) (Entered: 11/01/2002)

Scheduling Notice:, set Discovery Conference (on-the-record) for 9:45 on 12/19/02 b/f USMJ Homer; Att. J. Rozger will participate by phone. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 12/18/2002)

ORDER that plf's request for an order compelling defts. to produce for exam the files of inmates incarcerated at Renss. Co. Jail from 6/1/99 to date is denied except for named pltfs. in this action; and that to pltf's request for an order compelling this court to take any action re: non-party Mark Piche as to his legal representation is denied; and to Amend [5-1] order set Discovery deadline to 3/3/03 concerning class certification and p.i. relief , reset Amended Pleadings deadline to 2/1/03 ( signed by Magistrate Judge David R. Homer on 12/20/02) (fce) (Entered: 12/23/2002)

REQUEST and ORDER, granting Pltfs to Extend Time to file an Appeal from the Mag/Judge's 12-20-02 no later than 1-22-03 ( signed by Judge Thomas J. McAvoy ) (pta) (Entered: 01/09/2003)

NOTICE of In Camera Submission re: Joint Representaion filed by County of Rensselaer, Rensselaer Sheriffs, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, John & Jane Does. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/13/2003)

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

SEALED DOCUMENT/Affidavit placed in vault. (fce) (Entered: 01/13/2003)

ORDER Approving Defts' Waiver of Potential Conflict. ( signed by Magistrate Judge David R. Homer on 1/13/03) Date Entered: 1/13/03 (fce) (Entered: 01/13/2003)

Scheduling Notice:, set Discovery Hearing/Conference (on-the-record) for 1:00 on 1/31/03 . (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/17/2003)

MOTION by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller for an order reversing a discovery order of USMJ Homer ; Hearing set for 10:00 3/10/03, Response Deadline 2/24/03; Motion returnable before Judge: McAvoy in Albany. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

MEMORANDUM OF LAW by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller in support of [19-1] motion for an order reversing a discovery order of USMJ Homer. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

AFFIDAVIT/AFFIRMATION IN SUPPORT by Elmer Robert Keach on behalf of Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller Re: [19-1] motion for an order reversing a discovery order of USMJ Homer. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

LETTER of Elmer Robert Keach, III dd 1-23-03 requesting additional time to file Appeal from the discovery decision of Judge Homer [motion filed 1-24-03] (pta) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

TRANSCRIPT filed for dates of 12/19/02 (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 01/27/2003)

ORDER setting In Chambers/Evidentiary hearing for 2:30 on 2/4/03 , and that in reconsideration of Order [9-1], it is Ordered that on or b/f 3/1/03, defts. shall provide pltfs. w/copies of the RCCF booking sheets for individuals admitted to the RCCF for non-felony charges for the period of 6/1/99 to day; and reset Discovery deadline to 5/1/03 concerning class certification; ddl. for the amendment of pleadings is extended to 3/1/03 . ( signed by Magistrate Judge David R. Homer on 1/31/03) Date Entered: 2/3/03 (fce) (Entered: 02/03/2003)

Deadline updated; Amended Pleadings deadline to 3/1/03 , as per order [24-1]. (fce) (Entered: 02/03/2003)

In-chambers conference/evidentiary hearing held bef MJ Homer (cml) (Entered: 08/01/2003)

Scheduling Notice:, set Status Conference re: settlement for 10:00 on 3/17/03 b/f USMJ Homer. (fce) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 02/06/2003)

MEMORANDUM-DECISION & ORDER that pltfs' motion for an order compelling Loveridge to answer questions at oral depo. concerning communications b/w Loveridge & Sheriff Keating and RCCF employees is GRANTED and DENIED as to all such communications that occurred after the commencement of legal representation by defts' counsel up to 2/4/03. (signed by Magistrate Judge David R. Homer ) Date Entered: 2/11/03 (fce) (Entered: 02/11/2003)

Court NOTICE to counsel dd 3/3/03 advising that the pending motions for 3/10/03 are on submit basis, no appearances necessary (sfp) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 03/03/2003)

PLTFS NOTICE of Withdrawing their Motion/Appeal of Mag/Judge Homer's 12-20-02 discovery order by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller [motion scheduled fro 3-10 MC] (pta) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 03/03/2003)

Motion hearing re: Pltfs' [19-1] motion/appeal of MJ Homer discovery order held (cml) (Entered: 03/18/2003)

LETTER REQUEST by Elmer Keach and ORDER of USMJ Homer granted to reset Joining of Parties Deadline to 3/24/03 , and reset Amended Pleadings deadline to 3/24/03 . ( signed by Magistrate Judge David R. Homer on 3/11/03) (fce) (Entered: 03/12/2003)

Status conference held bef MJ Homer (cml) (Entered: 08/01/2003)

Minute entry: MOTION CALENAR held 3/10/03 bef Judge McAvoy in Albany, NY: APP/LC: None; CR: T. Berical; CRD/mp. Pltfs' [19-1] motion/appeal of MJ Homer's discovery order - WITHDRAWN [addressed by [28-1] letter]. (cml) (Entered: 03/18/2003)

LETTER REQUEST by Jason Rozger and ORDER of USMJ Treece granted to reset Amended Pleadings deadline to 5/1/03 , reset Discovery deadline to 6/1/03 ( signed by Magistrate Judge Randolph F. Treece on 4/14/03) (fce) (Entered: 04/16/2003)

NOTICE of attorney appearance for John & Jane Does by Daniel J. Stewart (tab) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 05/12/2003)

Tele-conference held bef MJ Homer (cml) (Entered: 08/01/2003)

ORDER, reset Amended Pleadings deadline to 6/1/03 , reset Discovery deadline (concerning class certification) to 7/1/03 , the ddl for pltfs to serve any motion re: class certification and preliminary injunctive relief is extended to 8/1/03; the ddl for defts to respond to any such motion is 9/1/03; reset pltf reply ddl and Motion package filing deadline to 9/15/03; any such motion shall be made returnable before the district court in Albany on 10/16/03 @ 9:30am; if no motion for class certification is filed or, if filed, once such motion is decided by the district court, a further conference will be held to establish a schedule for completion of this case. ( signed by Magistrate Judge David R. Homer on 5/19/03) (wjg) (Entered: 05/21/2003)

AFFIRMATION by Elmer Robert Keach, III, Esq. as to Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller Re: in support of [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives (tab) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 06/05/2003)

MEMORANDUM by Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller in support of [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives (tab) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 06/05/2003)

LETTER REQUEST by Elmer Keach dd 6/10/03 and ORDER, to Extend Time, nunc pro tunc, for the filing of motion to amend to 6/3/03 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 06/16/2003)

Letter RESPONSE by defts to [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives; defts DO NOT OPPOSE MOTION. (wjg) Additional attachment(s) added on 10/26/2004 (pta, ). (Entered: 06/18/2003)

Tele-conference held before Judge david R. Homer (jel) (Entered: 08/12/2003)

ORDER, that the ddl for pltfs to file and serve any motion for class certification and other preliminary relief is hereby extended to 9/1/03; that defts shall provide pltfs with responses to the outstanding denands for documents on or before 8/8/03. ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/31/2003)

ORDER granting [34-1] motion for Leave to File Amended Complaint and for Permissive Joinder of additional class representatives, set Amended Pleadings deadline (for filing & service of proposed amended complaint) to 8/15/03 ( signed by Magistrate Judge David R. Homer ) (wjg) (Entered: 07/31/2003)

ORDER, The City of TPD records and TCC records related to the 12/7/02 arrest and prosecution of Halloran are herby unsealed solely for the review, copying and use by counsel in this action , The City of TPD records and TCC records relating to the 5/4/00 arrest and prosecution of Rockefeller, are hereby unsealed solely for the use by counsel in this action , In accordance with FRCP 26(c), all files produced pursuant to this Order shall not be disclosed to any one other than counsel of record in this action or third-parties necessarily employed by counsel for purposes of assistance with this action. In the event any documents covered by this order are filed with the Court, they will be filed in a separate, sealed envelope plainly indicating that they are to be filed under seal pursuant to this Order, and will not be made part of the public record. To the extent deposition testimony or other documents reference these sealed criminal proceedings and are later filed with the Court or released publicly, portions of the documents will be redacted to remove any mention of sealed criminal prosecutions. In the event of a court filing, the parties will file one redacted copy of documents referencing these sealed prosecutions under seal as detailed above, and will file a redacted copy of the document for the public record (signed by Magistrate Judge David R. Homer on 8/7/03) (jel) (Entered: 08/12/2003)

LETTER REQUEST dated 8/18/03 by Jason J. Rozger, Esq., and ORDER, granting request to extend time by one day to file the amended complaint (signed by Magistrate Judge David R. Homer on 8/18/03) (jel) (Entered: 08/21/2003)

FIRST AMENDED COMPLAINT: by Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran, Service deadline 10/18/03 for County of Rensselaer, Daniel Keating, Larry Walraed, Robert Loveridge, Harold Smith, Kathleen Jimino, amends [1-1] Complaint, w/attached jury trial demand. (jmb) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 08/21/2003)

Status Note: the # [43-1] Amended Complaint does not name defendants' The Rensselaer County Sheriff's Department and the John and Jane Does, Numbers 1 through 100, L/M with attorney to confirm if these defts are to be terminated from the Court Docket. (jmb) (Entered: 08/21/2003)

LETTER REQUEST dated 9/2/03 by Elmer Robert Keach, III, Esq., and ORDER, denying request for an enlargement of time for plaintiffs to file their motion in support of class certification and preliminary injunction (signed by Magistrate Judge David R. Homer on 9/2/03) (jel) (Entered: 09/04/2003)

Tele-conference held before Judge David R. Homer (jel) (Entered: 09/05/2003)

Court Scheduling Notice dated 9/4/03 by Lynda A. Hennessy, Judicial Assistant, to Judge David R. Homer resetting Filing Order Deadlines: Conference set before Magistrate Judge David R. Homer in Albany, Status Conference at 3:00 p.m. on 9/17/03, Deadline for filing Case Management Plan, 9/10/03 (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/04/2003)

ORDER, denying Reconsideration of [44-1] order denying request for an enlargement of time for plaintiffs to file their motion in support of class certification and preliminary injunction (signed by Magistrate Judge David R. Homer on 9/4/03) (jel) (Entered: 09/05/2003)

LETTER REQUEST dated 9/4/03 by Thomas J. O'Connor, Esq., and ORDER, to extend time until 10/13/03 for the defendants to appear or answer the amended complaint , resetting Answer deadline to 10/13/03 for County of Rensselaer, for Rensselaer Sheriffs, for Daniel Keating, for Larry Walraed, for Robert Loveridge, for Harold Smith, for Kathleen Jimino, for John & Jane Does (signed by Magistrate Judge David R. Homer on 9/8/03) (jel) (Entered: 09/09/2003)

ORDER - denying Pltfs Order to Show Cause from Mag/Judge Homer's ruling of 9-04-03 ( signed by Judge Thomas J. McAvoy ) Date Entered: 9/15/03 (pta) (Entered: 09/15/2003)

AFFIRMATION by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of plaintiffs' request to proceed by order to show cause for appeal of USMJ David R. Homer's decision. (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

APPEAL OF A MAGISTRATE DECISION by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran appealing USMJ David R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy , Hearing set for 10:00 a.m. 10/14/03, Response Deadline 9/30/03 Motion returnable before Judge/Mag. Judge: Thomas J. McAvoy (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

AFFIRMTATION along with Exhibits A-E by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of the [50-1] motion appealing USMJ R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy (jel) Modified on 09/16/2003 (Entered: 09/16/2003)

AFFIRMATION by Bruce E. Menken, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of the [50-1] motion appealing USMJ R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

MEMORANDUM OF LAW by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran in support of [50-1] motion appealing USMJ David R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Court Scheduling Notice dated 9/16/03 by John E. Law, deputy clerk, scheduling an appeal of a magistrate's decision for 10/14/03 at 10:00 a.m. before Judge Thomas J. McAvoy. (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 09/16/2003)

Uniform Pretrial Scheduling Order; Length of Trial: 25 days; Trial Location: Albany; Joining of Parties Deadline 12/1/03; Amending of Pleadings Deadline 12/1/03; Discovery Deadline 9/1/04; Motion Filing Deadline 11/1/04; Trial ready deadline 11/1/04 Jury Trial Deadline 9:30 a.m. on 2/15/05; Early Neutral Evaluation Deadline 12/28/03; (Signed by: Magistrate Judge David R. Homer on 9/29/03) (jel) (Entered: 09/30/2003)

Court NOTICE to counsel dd 10/1/03 advising that the pending motion for 10/14/03 in on submit, no appearances necessary (sfp) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/01/2003)

LETTER of Thomas J. O'Connor dd 9-30-03 as response to Pltfs objections to Mag/Judge Homer's ruling, precluding Pltf's from filing Motion for Class Certification and for a Preliminary Injunction [accepted by Chambers] (pta) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/03/2003)

REPLY by Elmer Robert Keach, III Esq. dd 10-06-03 on behalf of Pltfs Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran to response to [50-1] motion appealing USMJ David R. Homer's [44-1] and [46-1] orders to USDJ Thomas J. McAvoy w/case law [accepted by Chambers] (pta) Modified on 10/08/2003 Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/08/2003)

ANSWER by Kathleen Jimino, Harold Smith, Robert Loveridge, Larry Walraed, Daniel Keating, County of Rensselaer (Attorney Thomas J. O'Connor) to amended complaint (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 10/16/2003)

MEMORANDUM-DECISION-ORDER; that Pltfs objections are overruled and the decision of the Magistrate Judge is affirmed re: [50-1] motion appealing USMJ David R. Homer's [44-1] and [46-1] orders (dd 10-17-03 signed by Judge Thomas J. McAvoy ) Date Entered: 10/20/03 (pta) (Entered: 10/20/2003)

Minute entry MOTION CALENDAR HELD 10-14-03 BEFORE HON. THOMAS J. MCAVOY IN ALBANY NY - Appearances: Court Reporter/ECRO: B. Buckley, CRD/MP, LC/SE, No Counsel. Pltfs Appeal of Mag/Judge [44-1 / 46-1] decision [50-1] - TAKEN ON SUBMIT (pta) (Entered: 10/20/2003)

NOTICE OF APPEAL by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran . Appellant is appealing from the 10/20/03 decision denying plaintiff's objections to the scheduling ruling of a MJ precluding them from moving for class certification and preliminary injunction. FILING FEE $105.00 RECEIPT # 70743 Appeal record due on 11/30/03 (jel) Additional attachment(s) added on 10/28/2004 (pta, ). (Entered: 11/03/2003)

Notice of appeal and certified copy of docket to USCA re: [62-1] appeal by Dana Halloran, Charles Linen, Harold Bonesteel, William Garrity, Jeffrey M. Rockefeller, Wayne E. Conine, Peter Rupp, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller (parties noticed). (jel) (Entered: 11/04/2003)

NOTICE OF MOTION by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran to Amend [1-1] complaint and to join additional parties , Hearing set for 9:30 a.m. on 1/15/04, Response Deadline 1/1/04 Motion returnable before Judge/Mag. Judge: David R. Homer (jel) Additional attachment(s) added on 10/28/2004 (tab, ). (Entered: 12/03/2003)

AFFIRMATION along with Exhibits A-B by Elmer Robert Keach, III, Esq., for Natika Miller, T'Shad Bradley, Mark La Belle, Nathaniel Bruce, Peter Rupp, Wayne E. Conine, Jeffrey M. Rockefeller, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran Re: in support of the [63-1] motion to Amend [1-1] complaint, [63-2] motion to join additional parties (jel) (Entered: 12/03/2003)

Court of Appeals Scheduling Order, re: [62-1] appeal by Dana Halloran, Charles Linen, Harold Bonesteel, William Garrity, Jeffrey M. Rockefeller, Wayne E. Conine, Peter Rupp, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller; Appeal record due on 12/30/03 (jel) Additional attachment(s) added on 10/28/2004 (tab, ). (Entered: 12/10/2003)

Index to Record on Appeal transmitted to US Court of Appeals re 62 Notice of Appeal. (jel, ) (Entered: 12/16/2003)

ORDER setting Settlement Conference set for 1/16/2004 at 09:30 AM in Albany before Magistrate Judge David R. Homer. Signed by Judge David R. Homer on 12/30/03. (jel, ) (Entered: 01/08/2004)

NOTICE of receipt of Docketing index Record on Appeal from USCA re 62 Notice of Appeal,, filed by Jeffrey M. Rockefeller, Wayne E. Conine, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller, Peter Rupp, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran. USCA Case Number 03-9188 (wjg, ) (Entered: 01/08/2004)

AFFIDAVIT in Opposition re 63 Motion to Amend/CorrectMotion for JoinderMotion for Joinder filed by Thomas Job, James Simon, Ronald LaFountaine, Gregory Buell, Barry McDonald, Anthony Lazaro, Salvatore Greico, Patrick Kane, Walter Ryan Jr., Timothy Moran, Robert Patrick, Michael Patrick, Dana Miles, Keith Hancock. (Attachments: # 1 Memorandum of Law in opposition to Plaintiffs' motion for leave to serve a proposed second amended class action complaint)(Stewart, Daniel) (Entered: 01/05/2004)

AFFIDAVIT of Service for AOS of Notice of ECF served on Elmer Robert Keach, Esq.; Thomas J. O'Connor, Esq.; Dwight Davis, Esq.; Jason J. Rozger, Esq.; Charles Schneider, Esq. on 1/7/04, filed by Gregory Buell, Salvatore Greico, Keith Hancock, Thomas Job, Patrick Kane, Ronald LaFountaine, Anthony Lazaro, Barry McDonald, Dana Miles, Timothy Moran, Michael Patrick, Robert Patrick, Walter Ryan Jr., James Simon. (Stewart, Daniel) (Entered: 01/07/2004)

AFFIDAVIT of Service for AOS of MOL and Atty. Affidavit served on Elmer Robert Keach, Esq.; Thomas J. O'Connor, Esq.; Dwight Davis, Esq.; Jason J. Rozger, Esq.; Charles Schneider, Esq. on 1/2/04, filed by Gregory Buell, Salvatore Greico, Keith Hancock, Thomas Job, Patrick Kane, Ronald LaFountaine, Anthony Lazaro, Barry McDonald, Dana Miles, Timothy Moran, Michael Patrick, Robert Patrick, Walter Ryan Jr., James Simon. (Stewart, Daniel) (Entered: 01/07/2004)

AMENDED COMPLAINT against all defendants, filed by Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Dana Halloran, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp.(Keach, Elmer) (Entered: 03/18/2004)

STIPULATION Providing Consent for Filing of Second Amended Class Action Complaint by Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Dana Halloran, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp. (Keach, Elmer) (Entered: 03/18/2004)

MOTION to Certify Class and for Preliminary Approval of Class Action Settlement Motion Hearing set for 4/23/2004 10:00 AM in Binghamton before Judge Thomas J. McAvoy. Response to Motion due by 4/6/2004 Reply to Response to Motion due by 4/12/2004. Motion Hearing set for 4/23/2004 10:00 AM in Binghamton before Judge Thomas J. McAvoy. Response to Motion due by 4/6/2004 Reply to Response to Motion due by 4/12/2004. by Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp. (Attachments: # 1 Memorandum of Law In Support of Motion for Preliminary Approval of Class Action Settlement and for Provisional Certification of Settlement Class# 2 Affidavit of Elmer Keach In Support of Motion for Preliminary Approval# 3 SETTLEMENT AGREEMENT# 4 Proposed Order/Judgment For Preliminary Approval of Class Action Settlement)(Keach, Elmer) (Entered: 03/18/2004)

STIPULATION AND ORDER granting plaintiffs leave to file Second Amended Class Action Complaint. Signed by Judge David R. Homer on 3/29/04. (wjg, ) (Entered: 03/30/2004)

AFFIDAVIT in Support re 72 MOTION to Certify Class and for Preliminary Approval of Class Action Settlement of Thomas O'Connor filed by Gregory Buell, County of Rensselaer, Salvatore Greico, Keith Hancock, Kathleen Jimino, Thomas Job, Patrick Kane, Daniel Keating, Ronald LaFountaine, Anthony Lazaro, Robert Loveridge, Barry McDonald, Dana Miles, Timothy Moran, Michael Patrick, Robert Patrick, Walter Ryan Jr., James Simon, Harold Smith, Larry Walraed. (O'Connor, Thomas) (Entered: 04/09/2004)

MANDATE of USCA as to 62 Notice of Appeal,, filed by Jeffrey M. Rockefeller, Wayne E. Conine, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller, Peter Rupp, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran. DISMISSING the interlocatory appeal. (tab, ) (Entered: 04/13/2004)

Court NOTICE to parties advising that the pending motions for 4/23/04 are on for ORAL argument at 10:00 AM in Binghamton bef. Judge McAvoy. (sfp, ) (Entered: 04/15/2004)

ORAL ORDER consolidating this case with 1:03-cv-1324 being the lead case and 1:02-cv-847 being the member case. Stated by Judge Thomas J. McAvoy at 4/23/04 motion calendar. (amt, ) (Entered: 04/26/2004)

Letter from Elmer Keach for Harold Bonesteel, T'Shad Bradley, Nathaniel Bruce, Wayne E. Conine, William Garrity, Dana Halloran, Mark La Belle, Charles Linen, Natika Miller, Jeffrey M. Rockefeller, Peter Rupp requesting Discovery Confernence with the Court. (Keach, Elmer) (Entered: 06/09/2004)

NOTICE of Hearing: Telephone Status Conference set for 6/17/2004 04:30 PM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 06/16/2004)

Minute Entry for proceedings held before Judge David R. Homer : Appearances: Bob Keach, Bruce Menken, Charles Schneider representing Bruce; Dwight Davis representing County of Rensselaer; Discovery Conference held on 6/17/2004, a further conference is necessary and the parties will contact chambers to schedule; No dates set or extended; Case is Not trial ready. (rzh, ) (Entered: 06/21/2004)

Minute Entry for proceedings held before Judge David R. Homer : Discovery Hearing held on 6/21/2004. Written order following conference. (tab) (Entered: 06/22/2004)

ORDER regarding discovery issues. Signed by Judge David R. Homer on 6/22/04. (tab) (Entered: 06/22/2004)

STIPULATION/ORDER of USCA withdrawing appeal. (tab) (Entered: 07/06/2004)

ORDER granting 72 Motion to Certify Class, and granting in part and denying in part motion for approval of class settlement . Signed by Judge Thomas J. McAvoy on 9/23/04. (amt, ) (Entered: 09/23/2004)

JUDGMENT in accordance with Judge McAvoy's Order filed on 9/23/04 (amt, ) (Entered: 09/24/2004)

MANDATE of USCA as to 62 Notice of Appeal,, filed by Jeffrey M. Rockefeller, Wayne E. Conine, Nathaniel Bruce, Mark La Belle, T'Shad Bradley, Natika Miller, Peter Rupp, William Garrity, Harold Bonesteel, Charles Linen, Dana Halloran (tab) (Entered: 10/05/2004)

Minute Entry for proceedings held before Judge David N. Hurd : Status Conference held on 10/20/2004. (tab) (Entered: 10/26/2004)

ORDER Setting Schedule for Letter briefs Response to brief due by 11/12/2004 Reply to Response to brief due by 11/19/2004. Signed by Judge David R. Homer on 10/25/04. (tab) (Entered: 10/26/2004)