Case details

Court: nyed
Docket #: 9:97-cv-01349
Case Name: Hall v. Snelders, et al
PACER case #: 210498
Date filed: 1997-03-20
Date terminated: 1998-08-05
Assigned to: Judge Arthur D. Spatt
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Erick Hall
Plaintiff
an infant under the age of eighteen years, by his parents and natural guardians, Shelley Hall and Frederick Hall
Abigail J. Pessen
Seiff & Kretz 645 Madison Avenue New York, NY 10022 (212)371-4500
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carl Snelders
Defendant
Frank Michael Scalera
Nassau County Attorney's Office One West Street Mineola, NY 11501 (516) 571-3043
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roy W. Vasile
Curtis, Vasile, Devine & McElhenny, Esqs. 2174 Hewlett Avenue P.O. Box 801 Merrick, NY 11566 516-623-1111 Fax: 516-623-0758 Email: rvasile@cvdm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dennis Sharp
Defendant
Frank Michael Scalera
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roy W. Vasile
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael O'Mara
Defendant
Nassau County Police Officer
Roy W. Vasile
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Skelly.
Defendant
Frank Michael Scalera
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roy W. Vasile
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donald Kane
Defendant
Frank Michael Scalera
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roy W. Vasile
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nassau County Police Department
Defendant
Frank Michael Scalera
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roy W. Vasile
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nassau County Police Department
Defendant
Roy W. Vasile
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1997-03-20 1 0 COMPLAINT filed and summons(es) issued for Carl Snelders, Dennis Sharp, John Doe, Thomas Skelly., Donald Kane, Nassau Count P.D., Nassau County FILING FEE $ 150.00 RECEIPT # 193079 (Barhome, Sydelle) (Entered: 03/26/1997)
1997-04-08 2 0 RETURN OF SERVICE executed as to Carl Snelders, Dennis Sharp, John Doe, Thomas Skelly., Donald Kane, Nassau County, Nassau County P.D. 3/21/97 Answer due on 4/10/97 for Nassau County P.D., for Nassau County, for Donald Kane, for Thomas Skelly., for John Doe, for Dennis Sharp, for Carl Snelders (fe) (Entered: 04/11/1997)
1997-04-18 3 0 Letter MOTION by Carl Snelders, Dennis Sharp, John Doe, Thomas Skelly., Donald Kane, Nassau County, Nassau County P.D. to extend time to respond to the complaint Motion hearing (fe) (Entered: 04/23/1997)
1997-05-29 4 0 ANSWER to Complaint by Carl Snelders, Dennis Sharp, Thomas Skelly., Donald Kane, Nassau County (fe) (Entered: 06/05/1997)
1997-06-05 5 0 ORDER, dated 6/5/97 set status conference for 2:00 7/29/97 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) cm (fe) (Entered: 06/11/1997)
1997-07-29 6 0 Calendar entry: Before Mag. Linday on 7/29/97 at 2pm, civil cause for initial conf. Both sides present. RULINGS: (Refer to document for details) SO Ordered. cg (fe) (Entered: 08/05/1997)
1997-07-29 7 0 SCHEDULING ORDER dated 7/29/97 setting Joinder of additional parties by 8/30/97; setting Discovery cutoff 12/15/97 ; Pretrial conference for 11:00 12/19/97 ; ( signed by Magistrate Arlene R. Lindsay ) cg (fe) (Entered: 08/05/1997)
1997-08-08 8 0 Letter MOTION by Erick Hall to amend [6-1] miscellaneous order entered on calendar , Motion hearing [8-1] motion (fe) (Entered: 08/12/1997)
1997-09-03 9 0 Letter MOTION by Erick Hall to extend time to move to amend complaint , Motion hearing [9-1] motion (fe) (Entered: 09/08/1997)
1997-10-07 10 0 Letter MOTION by Erick Hall to amend [1-1] complaint , to compel defts to produce certain documents , Motion hearing [10-1] motion, [10-2] motion (fe) (Entered: 10/10/1997)
1997-10-07 11 0 ORDER by Stipulation dated 10/3/97, permitting pltff to file an amended complaint subsituting Michael O'Mara for deft John Doe ( signed by Magistrate Arlene R. Lindsay ) cm (fe) (Entered: 10/10/1997)
1997-10-14 12 0 LETTER dated 10/7/97 from Roy W. Vasile to Mag. Lindsay re: to apologize for delays in complying w/Court order (fe) (Entered: 10/16/1997)
1997-10-17 13 0 AMENDED COMPLAINT by Erick Hall , (Answer due 10/27/97 for Nassau County P.D., for Nassau County, for Donald Kane, for Thomas Skelly., for Michael O'Mara, for Dennis Sharp, for Carl Snelders ) amending [1-1] complaint (fe) (Entered: 10/20/1997)
1997-10-16 14 0 ANSWER by Carl Snelders, Dennis Sharp, Michael O'Mara, Thomas Skelly., Donald Kane, Nassau County, Nassau County P.D. to amended complaint (fe) (Entered: 10/20/1997)
1997-10-22 15 0 Letter MOTION by Erick Hall for reconsideration of Court's Order of 10/14/97, regarding defts Snelders'and Sharp's personnel files , Motion hearing [15-1] motion (fe) (Entered: 10/23/1997)
1997-10-24 16 0 LETTER dated 10/21/97 from Roy W. Vasile to Mag. Lindsay in response to pltff's application for reconsideration of the Court's order of 10/14/97. (fe) (Entered: 10/30/1997)
1997-10-24 17 0 LETTER dated 10/22/97 from Roy W. Vasile to Mag. Lindsay submitting the records requested in order to determine pltff's request for reconsideration. (fe) (Entered: 10/30/1997)
1997-10-27 18 0 LETTER dated 10/23/97 from Abigail Pessen to Mag. Lindsay in response to defts's letter of 10/21/97 (fe) (Entered: 10/31/1997)
1997-12-19 19 0 LETTER dated 12/15/97 from Abigail Pessen to Mag. Lindsay to request an extension of the discovery deadline. (fe) (Entered: 12/23/1997)
1997-12-19 20 0 Calendar entry: Before Mag. Lindsay on 12/19/97 at 11am, civil cause for settlement, pre-trial and motion conf. All counsel present. (fe) (Entered: 12/23/1997)
1997-12-19 21 0 SCHEDULING ORDER dated 12/19/97 setting Discovery cutoff 1/30/98 ; settlement conf for 2/5/98 at 10:30 am ( signed by Magistrate Arlene R. Lindsay ) cg (fe) (Entered: 12/23/1997)
1998-02-11 22 0 STIPULATION AND ORDER dated 2/11/98, that any school records provided to defts by the Uniondale Public Schools shall remain confidential. ( signed by Magistrate Arlene R. Lindsay ) (fe) (Entered: 02/12/1998)
1998-02-09 23 0 Calendar entry: Before Mag. Lindsay on 2/5/98 at 10:30 am, civil cause for settlement conf. All counsel present. terminated past due deadlines , set status conference for 11:00 3/6/98 before Magistrate Arlene R. Lindsay (fe) (Entered: 02/18/1998)
1998-03-06 24 0 Letter MOTION, dtd. 2/27/98 by Abigail Pessen on behalf of Erick Hall reset status conference for before Magistrate Arlene R. Lindsay , to extend time , Motion hearing set for 11:00 3/19/98 [24-1] motion, set 11:00 3/19/98 [24-2] motion (Barhome, Sydelle) (Entered: 03/18/1998)
1998-03-19 25 0 Calendar entry: Before Magistrate Judge Lindsay on 3/19/98 @ 11:30am, Civil Cause for Settlement Conference. The parties requested that the conference be rescheduled. reset settlement conference for 2:00 5/6/98 before Magistrate Arlene R. Lindsay SO ORDERED c/m (fe) (Entered: 04/02/1998)
1998-03-20 26 0 LETTER dated 3/19/98 from Abigail Pessen to Magistrate Judge Lindsay re: I am writing on behalf of both sides to request that the final settlement conference be held on either Wednesday, 3/25/98, as late in the day as possible, or Friday, 3/27/98, at any time on that day. If neither of these dates is convenient for the Court, we request that the conference be held later in April because Mr. Vasile is starting a trial on 3/30/98, and I will be cout of the country from 4/7/98 to 4/16/98. (fe) (Entered: 04/02/1998)
1998-04-10 27 0 ORDER dated 4/10/98 reset settlement conference for 2:30 5/6/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) c/f and c/m (fe) (Entered: 04/13/1998)
1998-05-01 28 0 ORDER dated 5/1/98 reset settlement conference for 3:00 5/11/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) c/f (fe) (Entered: 05/05/1998)
1998-05-11 29 0 Calendar entry: Before Magistrate Judge Lindsay on 5/11/98 @ 3:00pm, Civil Cause for Settlement Conference. All counsel present. Discovery completed. Case returned to assigned judge for trial. Settlement not possible. Parties prefer July trial date. SO ORDERED (Signed by Magistrate Judge Arlene Lindsay) (fe) (Entered: 05/19/1998)
1998-06-11 30 0 NOTICE from Mary Ellen Kirchner to all counsel re: advising that a status conference has been scheduled before Judge Spatt for 7/8/98 @ 9:00am (Signed by Mary Ellen Kirchner, Courtroom Deputy to Judge Spatt, dtd 6/11/98) c/m (fe) (Entered: 06/18/1998)
1998-06-09 31 0 LETTER dated 6/8/98 from Abigail Pessen to Judge Spatt re: respectfully asking the Court to quash defts' subpoenas and require defts to notify all recipients that the subpoenas have been quashed; to direct the Clerk of the Court to return forthwith any documents produced in response thereto; to prohibit any further subpoenas returnable before the trial date; and to grant additional relief the Court finds appropriate. (fe) (Entered: 06/29/1998)
1998-06-09 32 0 LETTER dated 6/9/98 from Roy W. Vasile to Judge Spatt re: I respectfully submit that no reason exists to quash any of these subpoenas. (fe) (Entered: 06/29/1998)
1998-06-17 33 0 Calendar entry: Before Judge Spatt on 6/17/98 @ 3:15pm, Civil Cause for Telephone Conference. Case called. All counsel present. C/R: Owen Wicker. Re: subpoenas to employer are withdrawn. set jury selection for 9:00 7/20/98 before Judge Arthur D. Spatt Parties to still appear for 7/8/98 status conference. (fe) (Entered: 06/29/1998)
1998-07-01 34 0 LETTER dated 6/29/98 from Abigail Pessen to Judge Spatt re: requesting that if the trial is still ongoing for 7/24/98 that your Honor excuse us at 12:30 on that day. (fe) (Entered: 07/02/1998)
1998-07-08 35 0 Calendar entry: Before Judge Spatt on 7/8/98 @ 9:55am, Civil Cause for Status Conference. Case called. All counsel present. Case marked ready for trial. reset jury selection for 1:30 7/13/98 before Judge Arthur D. Spatt. Attys to be here at 1:00pm Pltff to advise the Court in writing by 7/10/98 and cc deft as to what causes of action are still pending. (fe) (Entered: 07/10/1998)
1998-07-13 36 0 Calendar entry: Before Judge Spatt on 7/13/98 at 1:30 p.m. Civil cause for jury selection. Case called. Counsel for all sides present. C/R: Harry Rapaport Jurors selected and sworn. Set Jury trial for 9:30 7/15/98 before Judge Arthur D. Spatt (Toritto, James) (Entered: 07/20/1998)
1998-07-23 37 0 TRANSCRIPT of civil jury trial filed for dates of 7/17/98 at 9:30 a.m. C/R: Jennifer Maue (Toritto, James) Modified on 07/30/1998 (Entered: 07/24/1998)
1998-08-05 38 0 STIPULATION and ORDER dated 8/5/98. At the time that the settlement proceeds in this action are received fro mdefts, pltff's counsel, Seiff & Kretz, will pay Douglas Thomas, Esq., pltff's former counsel, the sum of $2,000.00 (two thousand dollars), from Seiff & Kretz' share of the settlement proceeds. The foregoing payment shall fully discharge the lien asserted by Mr. Thomas in this action and bar him for seeking any further compensation from Erick, Frederick, or Shelley Hall for services rendered on her behalf. (Signed by Judge Arthur D. Spatt) (fe) (Entered: 08/07/1998)
1998-08-05 39 0 ORDER dated 8/5/98. That Frederick Hall and Shelley Hall, infant's parents, be and hereby are authorized and empowered to settle the action of the infant pltff for the sum of $99,999.00 and to execute a general release conditional upon the payment of that sum and to sign all papers necessary in that connection. That out of the sum the defts are authorized and directed to pay Seiff & Kretz, attys for the infant pltff the sum of $9,333.32 for reimbursement of disbursements, and $30,221.89 as and for their fee. That Seiff & Kretz is directed to pay Douglas Thomas, Esq., former counsel to pltffs, the sum of $2,000.00 from Seiff & Kretz's fee award. That the balance of $60,443.79 be paid to Frederick Hall and Shelley Hall jointly with an officer of Roslyn Savings Bank, located at Merrrick Road, Merrick, NY, and shall be deposited in an account to which bears the highest rate of interest then available in that bank in the name of Frederick Hall and Shelley Hall to the credit of and for the sole use and benefit of the infant herein, subject to the further order of this Court, and that no withdrawals shall be made except upon the order of this Court. That Roslyn Savings Bank is hereby directed, upon the infant's demand, and without further order of this Court, to pay over to him when he reaches the age of 18 years, all moneys held by it in the account. That the filing of a bond be dispensed with. ( Signed by Judge Arthur D. Spatt ) c/m (fe) (Entered: 08/07/1998)
1998-07-15 40 0 Calendar entry: Before Judge Spatt on 7/15/98 at 10:30 a.m. civil cause for jury trial. Case called. All counsel present. C/R: Mickey Brymer Trial ordered and begun. Jurors sworn. Set Jury trial for 10:00 7/16/98 before Judge Arthur D. Spatt (Toritto, James) (Entered: 08/20/1998)
1998-07-16 41 0 Calendar entry: Before Judge Spatt on 7/17/98 at 10:00 a.m. Civil cause for jury trial. Case called. All counsel present. C/R: Mickey Brymer Trial resumes. Set Jury trial for 2:00 7/17/98 before Judge Arthur D. Spatt (Toritto, James) (Entered: 08/20/1998)
1998-07-17 42 0 Calendar entry: Before Judge Spatt on 7/17/98 at 2:00 p.m. Civil cause for jury trial. Case called. All counsel present. C/R: Jennifer Maue Trial resumes. Set Jury trial for 9:30 7/20/98 before Judge Arthur D. Spatt (Toritto, James) (Entered: 08/20/1998)
1998-07-20 43 0 Calendar entry: Before Judge Spatt on 7/20/98 at 9:30 a.m. Civil cause for jury trial. Case called. All counsel present. C/R: Diana Pereira Trial resumes. Set Jury trial for 9:30 7/21/98 before Judge Arthur D. Spatt (Toritto, James) (Entered: 08/20/1998)
1998-07-21 44 0 Calendar entry: Before Judge Spatt on 7/21/98 at 9:30 a.m. Civil cause for jury trial. Case called. All counsel present. C/R: Diana Periera Trial resumes. Counsel for parties inform court case is settled. Stipulation of settlement entered on the record. Court accepts settlement. Dft's oral motion to dismiss for claim reimbursement is GRANTED. Jurors excused. (Toritto, James) (Entered: 08/20/1998)
1998-11-09 45 0 LETTER dated 11/6/98 from Abigail Pessen to Judge Spatt RE: At the time of settlement, Your Honor expressed dismay at the lengthy delay in payment which the County predicted, and stated that the Court would intercede if necessary. Pltf requests a conference call with the Court to discuss this matter. (Toritto, James) (Entered: 11/16/1998)
1998-11-12 46 0 Calendar entry: Before Judge Spatt on 11/12/98 at 5:15 p.m. Civil cause for telephone conference. Case called. Counsel for all sides present. C/R: Harry Rapaport Court to contact Bruce Blakeman about letter to the Court that settlement won't be paid to her client until Jan or Feb. of next year. (Toritto, James) (Entered: 11/23/1998)
1998-11-17 47 0 Calendar entry: Before Judge Spatt on 11/17/98 at 5:00 p.m. Civil cause for telephone conference. Case called. Counsel for all sides present. C/R: Owen Wicker Conference held. (Toritto, James) (Entered: 12/04/1998)