| Court: | nyed |
| Docket #: | 2:03-cv-02388 |
| Case Name: | Feliciano v. County Of Suffolk et al |
| PACER case #: | 216717 |
| Date filed: | 2003-05-12 |
| Date terminated: | 2005-08-09 |
| Assigned to: | Judge Denis R. Hurley |
| Referred to: | Magistrate Judge James Orenstein |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Hector Feliciano Plaintiff |
Thomas G. Sheehan Kenechukwu Chudi Okoli |
| County of Suffolk Defendant |
Richard T. Dunne |
| Rafier Maldonado Defendant Police Officer |
|
| Unidentified Suffolk County Police Officers, Employees and Agents Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2003-05-12 | 1 | 0 | COMPLAINT against County Of Suffolk, Rafier Maldonado, Unidentified Suffolk County Police Officers, Employees and Agents filing fee $ 150, receipt number 277361 Summons Issued, filed by Hector Feliciano. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) (Entered: 05/15/2003) | |||
| 2003-06-09 | 2 | 0 | ORDER dtd, 6/9/03 for Initial Conference set for 9/19/2003 11:00 AM before Mag. J. Boyle. So Ordered Signed by Judge E. Thomas Boyle on 6/9/03. (Barhome, Sydelle) (Entered: 06/17/2003) | |||
| 2003-07-14 | 3 | 0 | ANSWER to Complaint with Defendant by County Of Suffolk.(Mierzejewski, Elizabeth) (Entered: 07/24/2003) | |||
| 2003-07-09 | 4 | 0 | SUMMONS Returned Executed by Hector Feliciano. County Of Suffolk served on 6/25/2003, answer due 7/15/2003. (Mierzejewski, Elizabeth) (Entered: 08/11/2003) | |||
| 2003-07-09 | 5 | 0 | SUMMONS Returned Executed by Hector Feliciano. Rafier Maldonado served on 6/25/2003, answer due 7/15/2003. (Mierzejewski, Elizabeth) (Entered: 08/11/2003) | |||
| 2003-09-19 | 6 | 0 | Minute Entry Case called. for proceedings held before E. Thomas Boyle : For Plaintiff: Thomas G. Sheehan, For Defendant: Richard DunneInitial Conference Hearing held on 9/19/2003. Discovery due by 3/30/2004. Status Conference set for 4/22/2004 09:30 AM before Magistrate-Judge E. Thomas Boyle. (Mierzejewski, Elizabeth) (Entered: 09/30/2003) | |||
| 2004-04-22 | 7 | 0 | Minute Entry for proceedings held before E. Thomas Boyle: Civil Cause for Final Conference held on 4/22/2004 at 10:00AM. Pltff: No appearance and no communication with the Court. Counsel for dft present. The dfts report that pltff has failed to pursue any discovery and return phone calls. A prior case involving Hector Feliciano and the same counsel - 01cv4370 - was dismissed for failure to prosecute. Pltff's counsel is directed to show cause in writing by affidavit why this action should not be dismissed for abandonment and for the failure to comply with the order of the Court. These papers shall be filed and served on all parties on or before 4/30/04. Any opposition shall be served and filed on or before 5/7/04. Pltff's counsel is directed to appear in this Court on 5/13/04 at 9:30AM along with dfts' counsel. C/G Tape #04-36 (492-1340). (Valle, Christine) (Entered: 05/07/2004) | |||
| 2004-05-13 | 8 | 0 | Calendar Entry for proceedings held before E. Thomas Boyle on 5/13/04 at 9:30 a.m. for Civil Cause for Status Conference; Appearances: For pltff.: Thomas Sheehan; For deft.: Ruchard Dunne. Discovery completed by 8/31/04. Next final conference 9/21/04 at 10:00 a.m. Pre-Trial Order filed by 9/17/04. ( Signed by: E. Thomas Boyle, U.S. Magistrate Judge, on 5/13/04) (Fagan, Linda) (Entered: 05/24/2004) | |||
| 2004-09-21 | 9 | 0 | Minute Entry for proceedings held before James Orenstein : Initial Pretrial Conference held on 9/21/2004. The next status conference will be held on October 15, 2004, at 9:45 a.m. THE FOLLOWING RULINGS WERE MADE: The parties did not appear and have not submitted a pretrial order as required. A separate order addressing the failure to abide by previously ordered deadlines will be entered. (Orenstein, James) (Entered: 09/21/2004) | |||
| 2004-09-21 | 10 | 0 | ORDER TO SHOW CAUSE -- I order plaintiff to show cause in writing why I should not impose sanctions, pursuant to Rule 16(f) of the Federal Rules of Civil Procedure, including a recommendation of dismissal for failure to prosecute and a fine against plaintiff's counsel Thomas G. Sheehan. Plaintiff's submission shall be filed and served by September 28, 2004, and shall include an affidavit from Mr. Sheehan providing a detailed explanation of the circumstances surrounding his failure to appear as required for today's conference, as well as his failure to submit a pretrial order as required on September 17, 2004. Any opposition papers shall be filed and served by October 5, 2004. Counsel for both parties are directed to appear before me on October 15, 2004, at 9:45 a.m. in courtroom 920 in the Central Islip courthouse. Signed by Judge James Orenstein on 9/21/04. (Branciforte, Ralph) (Entered: 09/21/2004) | |||
| 2004-10-05 | 11 | 0 | Letter from Richard T. Dunne, Esq. to Hon. James Orenstein, USMJ Regarding 9/21/2004 Order. (Dunne, Richard) (Entered: 10/05/2004) | |||
| 2004-10-13 | 12 | 0 | Letter from Thomas G. Sheehan to Honorable James Orenstein Regarding a request for an adjourment of the Status Conference scheduled for October 15, 2004 at 9:45 A.M.. (Sheehan, Thomas) (Entered: 10/13/2004) | |||
| 2004-10-14 | 13 | 0 | ORDER re 10 Order to Show Cause,,,, 11 Letter, 12 Letter. Because Mr. Sheehan represents that he is currently engaged in a trial, his application to adjourn the hearing is GRANTED. The hearing on the Order to Show Cause is rescheduled for Wednesday, October 20, 2004, at 2:30 p.m. in Courtroom 920. Mr. Sheehan is already facing a fine for his failure to appear at the September 21 conference and other violations of court orders. He is hereby advised that the fine will be increased if he fails to appear as required on October 20. Signed by Judge James Orenstein on October 14, 2004. (Orenstein, James) (Entered: 10/14/2004) | |||
| 2004-10-20 | 14 | 0 | Minute Entry for proceedings held before James Orenstein : Show Cause Hearing held on 10/20/2004. Plaintiff's counsel advised that he has been on trial for the past six weeks, but otherwise offered no explanation for his repeated failures to meet deadlines and otherwise comply with orders in this case. Both counsel confirmed that discovery has not progressed, despite previous orders requiring that it be completed by August 31, 2004. Plaintiff's counsel also described a potential conflict that may necessitate his withdrawal as counsel. Rather than immediately recommend dismissal as a sanction for repeated failures to comply with court orders in this case ? which I believe would be justified on the current record ? I allowed plaintiff an opportunity to submit affidavits from both Mr. Feliciano and Mr. Sheehan explaining why there has been no progress in this case and why it should nevertheless be allowed to proceed despite the apparent abandonment. Those affidavits shall be submitted no later than Friday, October 22, 2004. If affidavits are submitted and defendants' counsel wishes to respond, he may do so in writing no later than November 1, 2004. I will make a recommendation on the basis of the written submissions and then schedule further proceedings as appropriate. I decline at this time to impose a fine on Mr. Sheehan personally. While such a sanction appears to be justified, I instead put counsel on notice that further failures to meet deadlines and comply with orders in this case or any other to which I am assigned in which he serves as counsel will result in sanctions. (Orenstein, James) (Entered: 10/20/2004) | |||
| 2004-10-28 | 15 | 0 | AFFIDAVIT of Hector Feliciano re: To advise the Court that pltff wishes to continue this case, by Hector Feliciano. (Fagan, Linda) (Entered: 10/28/2004) | |||
| 2004-10-28 | 16 | 0 | AFFIDAVIT of Thomas Sheehan in Support re pltff's position that this case not be dismissed, by Hector Feliciano. (Fagan, Linda) (Entered: 10/28/2004) | |||
| 2004-10-29 | 17 | 0 | Letter from Susan A. Flynn to Hon. James Orenstein Regarding Plaintiff's Affidavits. (Flynn, Susan) (Entered: 10/29/2004) | |||
| 2004-11-12 | 18 | 0 | Letter from Richard T. Dunne to Hon. James Orenstein Regarding a request for an extension of the 11/15/04 deadline for submitting a response to plaintiff's affidavits. (Dunne, Richard) (Entered: 11/12/2004) | |||
| 2004-11-29 | 19 | 0 | Letter from Richard T. Dunne, Esq. to Hon. James Orenstein, USMJ Regarding his response to plaintiff's affidavits. (Attachments: # 1 Exhibit A)(Dunne, Richard) (Entered: 11/29/2004) | |||
| 2005-01-24 | 20 | 0 | LETTER dtd 1/20/05 from Hector Feliciano to Judge Orenstein re: Request for an order of the Court releasing my attorneys, Cheda & Sheehan from this case, so that I can proceed pro se. I am also requesting that the Court please give me an opportunity for a conference in order that I can further explain this request. I make this request pursuant to Local Rule 1.4. (Exhibit attached) (Mierzejewski, Elizabeth) (Entered: 01/25/2005) | |||
| 2005-02-01 | 21 | 0 | Letter from Richard T. Dunne to Hon. James Orenstein, USMJ Regarding plaintiff's pro se application. (Dunne, Richard) (Entered: 02/01/2005) | |||
| 2005-04-14 | 22 | 0 | ORDER -- In light of Judge Hurley's Order permitting Mr. Feliciano to proceed pro se, and despite the procedural history of this case, the defendants' application for dismissal pursuant to Rule 41(b) is DENIED. As an alternative, I will allow the parties a brief opportunity to complete discovery. Mr. Feliciano must appear for a deposition by defendants' counsel no later than May 13, 2005, or risk dismissal of his case. Any discovery the plaintiff wishes from the defendant must be completed by June 14, 2005, and given the plaintiff's failure to abide by previous discovery orders, may proceed only with either the consent of the defendants or by demonstrating good cause to me why such discovery should be allowed in the interest of justice. The parties are directed to appear before me for a final pretrial conference on June 29, 2005, at 2:00 p.m. At the conference, I will discuss the filing of a pretrial order. No request for an extension of any of these deadlines will be granted absent extraordinary circumstances. Defendants' counsel is directed to serve a copy of this Order on Mr. Feliciano and file a certificate of service stating same. Signed by Judge James Orenstein on 4/14/05. (Branciforte, Ralph) (Entered: 04/14/2005) | |||
| 2005-04-20 | 23 | 0 | Letter from Richard T. Dunne, ACA to Hector Feliciano Regarding Judge Orenstein's Order dated 4/14/2005 with affidavit of service attached. (Dunne, Richard) (Entered: 04/20/2005) | |||
| 2005-05-03 | 24 | 0 | NOTICE of Appearance by Kenechukwu Chudi Okoli on behalf of all plaintiffs (Okoli, Kenechukwu) (Entered: 05/03/2005) | |||
| 2005-05-03 | 25 | 0 | Letter from K.C. Okoli to Honorable James Orenstein, United States Magistrate Judge Regarding Modification of Order dated April 14, 2005, by extending discovery deadlines and permitting plaintiff reasonable time to conduct discovery. (Okoli, Kenechukwu) (Entered: 05/03/2005) | |||
| 2005-05-09 | 26 | 0 | Letter from Richard T. Dunne to Hon. James Orenstein Regarding reply to Plaintiff's letter application of May 3, 2005. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Dunne, Richard) (Entered: 05/09/2005) | |||
| 2005-05-10 | 27 | 0 | ORDER re 25 Letter, 26 Letter. Given the history of extensive delays in this case, which are not exclusively attributable to the plaintiff's former counsel, the application for a further extension is DENIED. Ordered by Judge James Orenstein on May 10, 2005. (Orenstein, James) (Entered: 05/10/2005) | |||
| 2005-05-11 | 28 | 0 | Letter from K.C. Okoli to Honorable James Orenstein, United States Magistrate Judge Regarding defendants' opposition to plaintiff's request for modification of an earlier Order to extend discovery deadline. (Okoli, Kenechukwu) (Entered: 05/11/2005) | |||
| 2005-05-20 | 29 | 0 | MOTION for Reconsideration of the Orders of Magistrate James Orensten dated May 10 and 12, 2005 by Hector Feliciano. (Okoli, Kenechukwu) (Entered: 05/20/2005) | |||
| 2005-06-06 | 30 | 0 | MEMORANDUM OF LAW and DECLARATION of K.C. Okoli in Support re: 29 Motion for Reconsideration re Order, by Hector Feliciano. (Attachments: # 1 Affidavit)(Okoli, Kenechukwu) Modified on 6/6/2005 (Fagan, Linda). (Entered: 06/06/2005) | |||
| 2005-06-15 | 31 | 0 | RESPONSE in Opposition re 29 MOTION for Reconsideration of the Orders of Magistrate James Orensten dated May 10 and 12, 2005 filed by County Of Suffolk, Rafier Maldonado. (Attachments: # 1 Exhibit A)(Dunne, Richard) Modified on 6/16/2005 (Fagan, Linda). (Entered: 06/15/2005) | |||
| 2005-06-21 | 32 | 0 | ORDER: Plaintiff's 29 Motion for Reconsideration/Reversal of U.S.M.J. James Orenstein's order limiting the time for discovery in the above-captioned case is hereby DENIED. Ordered by Judge Denis R. Hurley on 6/21/05. (Entered: 06/21/2005) | |||
| 2005-06-21 | 33 | 0 | REPLY to Response to Motion re 30 MOTION for Reconsideration re Order, Reply Memorandum of Law filed by all plaintiffs. (Attachments: # 1 # 2)(Okoli, Kenechukwu) (Entered: 06/21/2005) | |||
| 2005-06-22 | 34 | 0 | ORDER -- The conference in the above-captioned case scheduled for July 29, 2005, at 2:00 p.m. will be held by telephone. Plaintiff's counsel shall initiate the call. Signed by Judge James Orenstein on 6/22/05. (Branciforte, Ralph) (Entered: 06/22/2005) | |||
| 2005-06-29 | 35 | 0 | Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 6/29/2005. SCHEDULING: The next telephone status conference will be held on July 27, 2005, at 12:30 p.m. THE FOLLOWING RULINGS WERE MADE: The parties report that they have agreed to discontinue the case. If a stipulation of discontinuance pursuant to Rule 41 is filed by July 25, 2005, the conference scheduled above will be cancelled. (Orenstein, James) (Entered: 06/29/2005) | |||
| 2005-07-22 | 36 | 0 | ORDER -- The conference in the above-captioned case is rescheduled from July 27, 2005 to August 25, 2005 at 10:30 a.m. The conference will be held in Courtroom 920. If the stipulation of dismissal is filed by August 19, 2005, the conference will be cancelled. Signed by Judge James Orenstein on 7/22/05. (Branciforte, Ralph) (Entered: 07/22/2005) | |||
| 2005-08-08 | 37 | 0 | STIPULATION of Dismissal by County Of Suffolk, Rafier Maldonado. (Dunne, Richard) (Entered: 08/08/2005) |