| Court: | nysd |
| Docket #: | 1:06-cv-07637 |
| Case Name: | Annnunziata v. The City of New York et al |
| PACER case #: | 290251 |
| Date filed: | 2006-09-21 |
| Date terminated: | 2008-09-25 |
| Date of last filing: | 2009-02-23 |
| Assigned to: | Judge Shira A. Scheindlin |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Kareem Annnunziata Plaintiff |
Michael Colihan Michael L Spiegel |
| The City of New York Defendant TERMINATED: 09/25/2008 |
Caryn Anne Rosencrantz Craig Andrew Hanlon Jordan Michael Smith Prathyusha Bandi Reddy Sumit Sud Arthur Gabriel Larkin , III |
| Detective Patrick M. Henn Defendant Shield # 06731 TERMINATED: 09/25/2008 |
Craig Andrew Hanlon Jordan Michael Smith Prathyusha Bandi Reddy Sumit Sud Arthur Gabriel Larkin , III |
| Detective Edward Bowler Defendant # 12369 |
|
| Detective Kevin Gasser Defendant # 31769 |
Craig Andrew Hanlon Jordan Michael Smith Prathyusha Bandi Reddy Sumit Sud Arthur Gabriel Larkin , III |
| Detective Walker Defendant |
Craig Andrew Hanlon Jordan Michael Smith Prathyusha Bandi Reddy Sumit Sud Arthur Gabriel Larkin , III |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-09-21 | 1 | 0 | Complaint | COMPLAINT against The City of New York, Patrick M. Henn, Edward Bowler, Kevin Gasser, Walker. (Filing Fee $ 350.00, Receipt Number 591552)Document filed by Kareem Annnunziata.(laq, ) Additional attachment(s) added on 9/28/2006 (mbe, ). (Entered: 09/25/2006) | ||
| 2006-10-06 | 2 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. The City of New York served on 10/6/2006, answer due 10/26/2006. Service was accepted by Madelyn Santana. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 10/06/2006) | ||
| 2006-10-17 | 3 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. Walker served on 10/14/2006, answer due 11/3/2006. Service was accepted by Detective Figueroa. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 10/17/2006) | ||
| 2006-10-17 | 4 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. Kevin Gasser served on 10/14/2006, answer due 11/3/2006. Service was accepted by Detective Figureoa. Document filed by Kevin Gasser. (Colihan, Michael) (Entered: 10/17/2006) | ||
| 2006-10-18 | 5 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. Patrick M. Henn served on 10/12/2006, answer due 11/1/2006. Service was accepted by Detective Hopkins. Document filed by Patrick M. Henn. (Colihan, Michael) (Entered: 10/18/2006) | ||
| 2006-10-19 | 6 | 0 | Order for Initial Pretrial Conference | ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/13/2006 at 04:30 PM before Judge Shira A. Scheindlin at the United States Courthouse, 500 Pearl Street, New York, New York, Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 10/19/2006) (lb, ) (Entered: 10/20/2006) | ||
| 2006-10-24 | 7 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Leticia J. Santiago dated 10/20/06 re: Defendant City requests that its time to respond to the complaint be extended from October 25, 2006 until December 26, 2006. I also request a similar enlargement of time to answer or otherwise respond to plaintiff's complaint on behalf of defendants Detectives Gasser and Walker. ENDORSEMENT: Defendants request is hereby GRANTED. Defendant's time to answer or move is extended from October 25, 2006 to December 26, 2006. This extension does not change the scheduling of the initial conference which will be on November 13, 2006 at 4:30 p.m. (Signed by Judge Shira A. Scheindlin on 10/24/06) (js, ) (Entered: 10/25/2006) | ||
| 2006-10-26 | 8 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin f from Leticia J. Santiago dated 10/24/2006 re: the City respectfully requests that the Initial Conference be adjourned to a day after 12/26/2006 (the date in which the City's answer is due).ENDORSEMENT: The City's request for an adjournemnt is DENIED. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/25/2006) (lb, ) (Entered: 10/27/2006) | ||
| 2006-11-13 | 9 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Caryn Anne Rosencrantz on behalf of The City of New York (Rosencrantz, Caryn) (Entered: 11/13/2006) | ||
| 2006-11-14 | 10 | 0 | Scheduling Order | SCHEDULING ORDER: Discovery due by 5/15/2007. Final Pretrial Conference set for 5/7/2007 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 6/15/2007. (Signed by Judge Shira A. Scheindlin on 11/13/06) (db, ) (Entered: 11/14/2006) | 2010-09-17 17:54:17 | 3ffc6677b95180e3a61f33759d06db61847c65bf |
| 2006-11-14 | 11 | 0 | Order Referring Case to Magistrate Judge | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Douglas F. Eaton. (Signed by Judge Shira A. Scheindlin on 11/13/06) (dle, ) (Entered: 11/15/2006) | ||
| 2006-12-15 | 12 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. Service was accepted by Detective Hopkins. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 12/15/2006) | ||
| 2006-12-22 | 13 | 0 | Answer to Complaint | ANSWER to Complaint with JURY DEMAND. Document filed by The City of New York.(Rosencrantz, Caryn) (Entered: 12/22/2006) | ||
| 2006-12-26 | 14 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Caryn Rosencrantz dated 12/22/0 re: a request for an enlargement of 30 days or until 1/26/2007 to respond to the complaint on behalf of Walker, Gasser and Henn. ENDORSEMENT: Request granted. The individually named defendant's time to answer is extended to and including 1/26/2007. No further Adjournments. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 12/26/07) (kco, ) (Entered: 12/27/2006) | ||
| 2007-01-25 | 15 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Craig Andrew Hanlon on behalf of The City of New York, Patrick M. Henn, Kevin Gasser, Walker (Hanlon, Craig) (Entered: 01/25/2007) | ||
| 2007-01-25 | 16 | 0 | Answer to Complaint | ANSWER to Complaint. Document filed by Patrick M. Henn, Kevin Gasser, Walker.(Hanlon, Craig) (Entered: 01/25/2007) | ||
| 2007-02-15 | 17 | 0 | Stipulation and Order | STIPULATION AND PROTECTION ORDER. As used herein, Confidential Information shall mean the name and addresses of the victim of the shooting, the non party civilian witnesses interviewen in connection with the incident, the addresses of the two individuals arrested with plaitiff and any other information that deft may in the future in good faith deem " Confidential Information" pursuanT to this Order, except that such information shall not be deemed Confidential Information to the extent, that it is obtained by plaitiffs from sources other than deft or is publically available. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/15/2007) (jar) (Entered: 02/16/2007) | ||
| 2007-09-24 | 18 | 0 | Transcript | TRANSCRIPT of proceedings held on 9/11/07 before Judge Shira A. Scheindlin. (jbe) (Entered: 09/24/2007) | ||
| 2007-10-10 | 19 | 0 | Summons Returned Executed | SUMMONS RETURNED EXECUTED. Edward Bowler served on 11/15/2006, answer due 12/5/2006. Service was accepted by P.O. Faran. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 10/10/2007) | ||
| 2007-10-24 | 20 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of The City of New York, Patrick M. Henn, Kevin Gasser, Walker (Larkin, Arthur) (Entered: 10/24/2007) | ||
| 2007-10-24 | 21 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Arthur G. Larkin dated 10/24/07 re: Senior Counsel at the New York City Law Department requests a brief adjournment of the conference, to any date the week of Oct., 29, 2007, except for Friday, Nov. 2, 2007, before 12:00noon. This request is made without plaintiff's consent. ENDORSEMENT: The defendant's request is hereby granted. The conference previously scheduled for October 25, 2007, at 3:30pm is adjourned to November 14, 2007 at 4:00 p.m. Status Conference set for 11/14/2007 at 04:00 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 10/24/07) (tro) (Entered: 10/25/2007) | ||
| 2007-11-09 | 22 | 0 | Request to Enter Default | REQUEST TO ENTER DEFAULT against Edward Bowler Proposed Clerk's Certificate. Document filed by Kareem Annnunziata.(Colihan, Michael) (Entered: 11/09/2007) | ||
| 2007-11-09 | 23 | 0 | Request to Enter Default | REQUEST TO ENTER DEFAULT against Edward Bowler Proposed Default Judgement. Document filed by Kareem Annnunziata.(Colihan, Michael) (Entered: 11/09/2007) | ||
| 2007-12-07 | 24 | 0 | Order | ORDER: Based on oral arguments and plaintiff's counsel's letter dated 12/6/07, the Court will not compel the production of the witness statements taken by plaintiff's investigator at this time. Defendants may apply for reconsideration of this Order after they have deposed those witnesses. (Signed by Judge Shira A. Scheindlin on 12/6/07) (db) (Entered: 12/07/2007) | ||
| 2008-01-10 | 25 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Jordan Michael Smith on behalf of The City of New York, Patrick M. Henn, Kevin Gasser, Walker (Smith, Jordan) (Entered: 01/10/2008) | ||
| 2008-01-11 | 26 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jordan M. Smith dated 1/11/08 re: Defendants request an extension of the discovery deadline to February 29, 2008, and an adjournment of the conference presently scheduled for January 15, 2008, at 4:00 p.m. ENDORSEMENT: Defendants' requests are GRANTED. The discovery deadline is extended from January 11, 2008 to Feb. 29, 2008. The conference previously scheduled for Jan. 15, 2008 is adjourned to January 25, 2008, at 2:00 p.m. No further extensions or adjournments will be granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 1/11/08) (js) (Entered: 01/14/2008) | ||
| 2008-01-30 | 27 | 0 | Transcript | TRANSCRIPT of proceedings held on11/14/07 @ 4:00 p.m. before Judge Shira A. Scheindlin. (jco) (Entered: 01/30/2008) | ||
| 2008-02-27 | 28 | 0 | Order | ORDER DIRECTING A NON PARTY WITNESS TO APPEAR AT A DEPOSITION: Bruce Mitchell, a non party witness in this matter shall attend a deposition at the Law Department at the City of New York, 100 Church Street, New York, NY, 10007, on 3/20/08 at 10:00 or at such other time and place as the parties may designate, but in no event later than 3/31/08. (Signed by Judge Shira A. Scheindlin on 2/27/08) (tro) (Entered: 02/28/2008) | ||
| 2008-03-20 | 29 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Order Directing a Non Party to Appear at a Deposition served on Bruce MItchell on February 28, 2008. Service was accepted by Ursaline MItchell- Mother. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 03/20/2008) | ||
| 2008-03-28 | 30 | 0 | Motion in Limine | MOTION in Limine. Document filed by The City of New York, Patrick M. Henn, Kevin Gasser, Walker. Return Date set for 4/21/2008 at 09:00 AM.(Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-03-28 | 31 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 30 MOTION in Limine.. Document filed by The City of New York, Patrick M. Henn, Kevin Gasser, Walker. (Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-03-28 | 32 | 0 | Declaration in Support of Motion | DECLARATION of Jordan M. Smith in Support re: 30 MOTION in Limine.. Document filed by The City of New York, Patrick M. Henn, Kevin Gasser, Walker. (Attachments: # 1 Exhibit A to I)(Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-03-28 | 33 | 0 | Motion for Partial Summary Judgment | MOTION for Partial Summary Judgment. Document filed by The City of New York, Kevin Gasser, Walker. Responses due by 4/11/2008 Return Date set for 4/21/2008 at 09:00 AM.(Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-03-28 | 34 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 33 MOTION for Partial Summary Judgment.. Document filed by The City of New York, Kevin Gasser, Walker. (Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-03-28 | 35 | 0 | Declaration in Support of Motion | DECLARATION of Jordan M. Smith in Support re: 33 MOTION for Partial Summary Judgment.. Document filed by The City of New York, Kevin Gasser, Walker. (Attachments: # 1 Exhibit A to J)(Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-03-28 | 36 | 0 | Rule 56.1 Statement | RULE 56.1 STATEMENT. Document filed by The City of New York, Kevin Gasser, Walker. (Smith, Jordan) (Entered: 03/28/2008) | ||
| 2008-04-10 | 37 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Michael Colihan dated 4/9/08 re: Request to extend time for plaintiff to the two pending motions made by the City (partial summary judgment and in limine). ENDORSEMENT: Plaintiff's request is granted. Plainitff's response is now due on 4/18/08. Defenants' reply is now due on 4/28/08. No further adjournments will be granted., Set Deadlines/Hearing as to 30 MOTION in Limine. 33 MOTION for Partial Summary Judgment:( Responses due by 4/18/2008. Replies due by 4/28/2008.) (Signed by Judge Shira A. Scheindlin on 4/9/08) (cd) (Entered: 04/10/2008) | ||
| 2008-04-28 | 38 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Prathyusha Bandi Reddy on behalf of The City of New York, Patrick M. Henn, Kevin Gasser, Walker (Reddy, Prathyusha) (Entered: 04/28/2008) | ||
| 2008-04-28 | 39 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Sumit Sud on behalf of The City of New York, Patrick M. Henn, Kevin Gasser, Walker (Sud, Sumit) (Entered: 04/28/2008) | ||
| 2008-04-28 | 40 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 33 MOTION for Partial Summary Judgment.. Document filed by The City of New York, Kevin Gasser, Walker. (Sud, Sumit) (Entered: 04/28/2008) | 2011-06-13 19:58:18 | 3ce11a946255c4ed8cae62e4abdc26a66648df46 |
| 2008-04-28 | 41 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 30 MOTION in Limine.. Document filed by The City of New York, Patrick M. Henn, Kevin Gasser, Walker. (Sud, Sumit) (Entered: 04/28/2008) | ||
| 2008-05-07 | 42 | 0 | Order to Show Cause | ORDER: The parties are hereby directed to show cause as to whether the evidence that is subject of defendants' motion in limine is admissible under the residual hearsay exception found in Federal Rule of Evidence 807. The parties are limited to five, double-spaced pages, which are due by May 12, 2008. (Signed by Judge Shira A. Scheindlin on 5/8/08) (tro) (Entered: 05/08/2008) | ||
| 2008-05-12 | 43 | 0 | Response | RESPONSE To Court Order Show Cause (Docket No. 42). Document filed by The City of New York, Patrick M. Henn, Kevin Gasser, Walker. (Reddy, Prathyusha) (Entered: 05/12/2008) | ||
| 2008-05-21 | 44 | 0 | Motion for Protective Order | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Protective Order (Stipulation and Protective Order for Attorney's Eyes Only). Document filed by The City of New York.(Sud, Sumit) Modified on 5/22/2008 (KA). (Entered: 05/21/2008) | ||
| 2008-05-27 | 45 | 0 | Protective Order | STIPULATION AND PROTECTIVE ORDER FOR ATTORNEY'S EYES ONLY: regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: This does not constitute of any alleged requests to the plaintiffs. (Signed by Judge Shira A. Scheindlin on 5/27/08) (mme) (Entered: 05/27/2008) | ||
| 2008-05-28 | 46 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Deposition Subpoena served on ADA D. Blouin on 5/22/2008. Service was accepted by Jane Doe Process Clerk. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 05/28/2008) | ||
| 2008-05-28 | 47 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Deposition subpoena served on ADA Jos. Tillman on May 22, 2008. Service was accepted by jane Doe Process Clerk. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 05/28/2008) | ||
| 2008-05-28 | 48 | 0 | Order on Motion in Limine | OPINION AND ORDER #96090: For the foregoing reasons, deft's motion for partial summary judgement is granted in full. Plaintiff's false arrest and malicious prosecution claims against Detectives Walker and Gasser are hereby dismissed. Plaintiff's Monell claim and state law negligent hiring claim against the city are also dismissed. Further more deft's motion in limine is granted in part and denied in part. Accordingly, Mitchell's handwritten statement and former trial testimony are admissible as are the Mitchell ADA statement. The clerk of the court is directed to close these motions [documents #30 & 33]. The trial has been scheduled for June 23, 2008. (Signed by Judge Shira A. Scheindlin on 5/28/08) (mme) (Entered: 05/28/2008) | ||
| 2008-06-02 | 49 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on Patrick Henn on May 31, 2008. Service was accepted by Sgt. Allesandro. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 06/02/2008) | ||
| 2008-06-02 | 50 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on Det. Matt Walker on May 31, 2008. Service was accepted by Lt. Ortlieb. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 06/02/2008) | ||
| 2008-06-02 | 51 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on Det. Kevin Gasser on May 31, 2008. Service was accepted by Lt. Ortlieb. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 06/02/2008) | ||
| 2008-06-02 | 52 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on ADA Daniel Blouin on June 2, 2008. Service was accepted by Donna Lombardo. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 06/02/2008) | ||
| 2008-06-02 | 53 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on ADA Joseph Tillman on June 2, 2008. Service was accepted by Donna Lombardo. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 06/02/2008) | ||
| 2008-06-05 | 54 | 0 | Contempt Order | CONTEMPT ORDER: Bruce Mitchell, a non-party witness in the above-captioned case, was ordered to be deposed by 3/31/2008. See 2/27/08 Order Directing a Non Party Witness to Appear at a Deposition. Mitchell failed to comply with that Order. Accordingly, Mitchell is in contempt of this Court's Order. The United States Marshals Service (USMS) is directed to take Mitchell into custody. The USMS is authorized to use all necessary force to effectuate Mitchell's arrest and to enter private residence or private office as necessary. He should remain in USMS custody until Monday, June 9, 2008, at 3:00 p.m., at which time he should be brought to courtroom 15C of the federal courthouse located at 500 Pearl Street in New York. If at that time Mitchell does not consent to be deposed, he may subject to further sanctions, including imprisonment. Defendants shall be responsible for the USMS's hourly fees and costs in service of this arrest order, provided that if plaintiff recovers any sum through settlement or judgment, the parties shall share these fees and costs up to the extent of plaintiff's recovery. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/4/2008) (tve) (Entered: 06/05/2008) | ||
| 2008-06-09 | 55 | 0 | Proposed Voir Dire Questions | PROPOSED VOIR DIRE QUESTIONS. Document filed by Patrick M. Henn.(Sud, Sumit) (Entered: 06/09/2008) | ||
| 2008-06-09 | 56 | 0 | Request to Charge | REQUEST TO CHARGE. Document filed by The City of New York, Patrick M. Henn.(Reddy, Prathyusha) (Entered: 06/09/2008) | ||
| 2008-06-09 | 57 | 0 | Motion in Limine | MOTION for an order granting defendants motions in Limine. Document filed by Patrick M. Henn; w/ attch. Declaration in support, Exhibits A thru W.(pl) (Entered: 06/10/2008) | ||
| 2008-06-10 | 58 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Magistrate Judge Douglas F. Eaton from Prathyusha Reddy dated 6/9/08 re: Counsel for defense request that the Court cancel the settlement conference schedule for 6/10/08, at 2pm. ENDORSEMENT: After receiving this letter, I had ex parte telephone conversations with Ms. Reddy and with Mr. Colihan. All three of us agree that a settlement conference would be a waste of time. I hereby cancel the June 10 conference. (Signed by Magistrate Judge Douglas F. Eaton on 6/9/08) (tro) (Entered: 06/10/2008) | ||
| 2008-06-09 | 59 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 57 MOTION in Limine.. Document filed by Patrick M. Henn. (pl) (Entered: 06/10/2008) | ||
| 2008-06-10 | 60 | 0 | Pretrial Statement | JOINT PRETRIAL STATEMENT Joint Pretrial Order. Document filed by The City of New York, Patrick M. Henn.(Reddy, Prathyusha) (Entered: 06/10/2008) | ||
| 2008-06-11 | 61 | 0 | Transcript | TRANSCRIPT of proceedings held on 6/03/08 before Judge Shira A. Scheindlin. (ama) (Entered: 06/11/2008) | ||
| 2008-06-11 | 62 | 0 | Request to Charge | REQUEST TO CHARGE. Document filed by Kareem Annnunziata.(Colihan, Michael) (Entered: 06/11/2008) | ||
| 2008-06-12 | 63 | 0 | Trial Memorandum | TRIAL MEMORANDUM. Document filed by Kareem Annnunziata.(Colihan, Michael) (Entered: 06/12/2008) | ||
| 2008-06-18 | 64 | 0 | Transcript | TRANSCRIPT of proceedings held on 6/13/08 before Judge Shira A. Scheindlin. (ama) (Entered: 06/18/2008) | ||
| 2008-06-25 | 65 | 0 | Post Trial Memorandum | POST TRIAL MEMORANDUM. Document filed by Kareem Annnunziata.(Colihan, Michael) (Entered: 06/25/2008) | ||
| 2008-06-26 | 66 | 0 | Motion for New Trial | FIRST MOTION for New Trial on damages and for other relief. Document filed by Kareem Annnunziata.(Colihan, Michael) (Entered: 06/26/2008) | ||
| 2008-06-26 | 67 | 0 | Affidavit in Support of Motion | FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Michael Colihan in Support re: 66 FIRST MOTION for New Trial on damages and for other relief. Document filed by Kareem Annnunziata. (Colihan, Michael) Modified on 6/27/2008 (jar). (Entered: 06/26/2008) | ||
| 2008-07-11 | 68 | 0 | Transcript | TRANSCRIPT of proceedings held on June 19, 20, 2008 before Judge Shira A. Scheindlin. (ama) (Entered: 07/11/2008) | ||
| 2008-07-11 | 69 | 0 | Transcript | TRANSCRIPT of proceedings held on June 16, 17, 18, 2008 before Judge Shira A. Scheindlin. (ama) (Entered: 07/11/2008) | ||
| 2008-07-18 | 70 | 0 | Motion for Judgment as a Matter of Law | MOTION for Judgment as a Matter of Law or, in the Alternative For A New Trial as to the False Arrest Claim, or a Reduction of the Punitive Damage Award. Document filed by The City of New York, Patrick M. Henn.(Reddy, Prathyusha) (Entered: 07/18/2008) | ||
| 2008-07-18 | 71 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 70 MOTION for Judgment as a Matter of Law or, in the Alternative For A New Trial as to the False Arrest Claim, or a Reduction of the Punitive Damage Award.. Document filed by The City of New York, Patrick M. Henn. (Reddy, Prathyusha) (Entered: 07/18/2008) | ||
| 2008-07-22 | 72 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Michael L Spiegel on behalf of Kareem Annnunziata (Spiegel, Michael) (Entered: 07/22/2008) | ||
| 2008-07-24 | 73 | 0 | Affidavit in Support of Motion | AFFIDAVIT of Michael Colihan in Support re: 66 FIRST MOTION for New Trial on damages and for other relief.. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 07/24/2008) | ||
| 2008-07-24 | 74 | 0 | Transcript | TRANSCRIPT of proceedings held on 6/11/08 before Judge Shira A. Scheindlin. (ama) (Entered: 07/24/2008) | ||
| 2008-07-29 | 75 | 0 | Reply Affirmation in Support of Motion | REPLY AFFIRMATION of Michael Colihan in Support re: 66 FIRST MOTION for New Trial on damages and for other relief.. Document filed by Kareem Annnunziata. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Spiegel, Michael) (Entered: 07/29/2008) | ||
| 2008-07-29 | 76 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 66 FIRST MOTION for New Trial on damages and for other relief.. Document filed by Kareem Annnunziata. (Spiegel, Michael) (Entered: 07/29/2008) | ||
| 2008-07-29 | 77 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: 70 MOTION for Judgment as a Matter of Law or, in the Alternative For A New Trial as to the False Arrest Claim, or a Reduction of the Punitive Damage Award.. Document filed by Kareem Annnunziata. (Spiegel, Michael) (Entered: 07/29/2008) | ||
| 2008-08-05 | 78 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Prathyusha Reddy dated 8/4/2008 re: Counsel respectfully request a brief extension of time of 10 days until August 19, 2008 to reply to plaintiff's opposition papers. ENDORSEMENT: The date for submission of Defendant's reply papers is extended to August 12, 2008. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/4/2008) (jfe) (Entered: 08/05/2008) | ||
| 2008-08-12 | 79 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 70 MOTION for Judgment as a Matter of Law or, in the Alternative For A New Trial as to the False Arrest Claim, or a Reduction of the Punitive Damage Award.. Document filed by The City of New York, Patrick M. Henn. (Reddy, Prathyusha) (Entered: 08/12/2008) | ||
| 2008-09-02 | 80 | 0 | Memorandum & Opinion | OPINION AND ORDER #96458: re: 70 MOTION for Judgment as a Matter of Law, 66 FIRST MOTION for New Trial. For the reasons stated above, the verdict is set aside. A new trial is schedule for September 15, 2008. The Clerk of the Court is directed to close these motions (documents no. 66 and 70 on the docket sheet). (Signed by Judge Shira A. Scheindlin on 8/29/2008) (jfe) Modified on 9/8/2008 (rw). (Entered: 09/02/2008) | ||
| 2008-09-05 | 81 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Michael L. Spiegel dated 9/4/08 re: Therefore, plaintiff respectfully request that the Court set a date certain to start trial sometime after October 13, 2008. ENDORSEMENT: Plaintiff's request is denied. The trial will proceed a scheduled. So Ordered. (Signed by Judge Shira A. Scheindlin on 9/5/08) (js) (Entered: 09/05/2008) | ||
| 2008-09-08 | 82 | 0 | Order | ORDER: On September 5, 2008, defendant's requested that the Court Order the production by the Federal Bureau of Investigation of plaintiff's "rap sheet." Plaintiff's are directed to subpoena this document and submit it to the Court for in camera review. After review, the Court will determine whether it should be produced to defendant's. (Signed by Judge Shira A. Scheindlin on 9/5/2008) (jfe) (Entered: 09/08/2008) | ||
| 2008-09-08 | 83 | 0 | Order | ORDER: Assistant Corporation Counsel Sumit Sud and Prathy Reddy are permitted to bring a laptop computer and two blackberry's communication devices into the Southern District Courthouse, for the duration of the trial of Kareem Annnunziata v. Det. Patrick Henn, 60 Cv 7637 scheduled to began on September 15, 2008 at 9:00 a.m. (Signed by Judge Shira A. Scheindlin on 9/5/2008) (jfe) (Entered: 09/08/2008) | ||
| 2008-09-12 | 84 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on Patrick Henn on September 12, 2008. Service was accepted by Amanda Gonzales-Process Clerk. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 09/12/2008) | ||
| 2008-09-12 | 85 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on Kevin Gasser on September 12, 2008. Service was accepted by Amanda Gonzales. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 09/12/2008) | ||
| 2008-09-12 | 86 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Trial Subpoena served on Matt Walker on September 12, 2008. Service was accepted by Amanda Gonzales- Process Clerk. Document filed by Kareem Annnunziata. (Colihan, Michael) (Entered: 09/12/2008) | ||
| 2008-09-12 | 87 | 0 | Order | ORDER: By a series of letters dated September 8, 9, and 10, 2008 the parties have raised a number of issues as to the scope of testimony at trial. First, defendants have moved to preclude plaintiff from calling Juanita Annunziata as a witness. Defendants' request is denied. Defendants have also requested that they be told Juanita Annunziata's address. This request is also denied. However, plaintiff shall produce Juanita Annunziata for deposition on Friday evening or over the coming weekend. If plaintiff does not produce Ms. Annunziata for deposition, she will not be permitted to testify at the trial. Second, plaintiff has proffered evidence as to alleged wrongdoing by the City of New York in connection with a deposition. This evidence is precluded from trial. However, plaintiff may move for sanctions in connection with this alleged wrongdoing. Should plaintiff so move, the Court will entertain a cross-motion for sanctions pursuant to defendants' request if plaintiffs motion is baseless. Third, defendants move to preclude certain of plaintiff's witnesses who testified at the previous trial and to preclude all testimony as to the trajectories of bullets at the scene of the crime and as to whether the police had consent to search a vehicle at the scene. Defendants' motion is denied. Finally,plaintiff proffers John Giretti to authenticate certain photos and diagrams. Assuming Giretti is qualified to do so, he may testify at trial as to these matters. (Signed by Judge Shira A. Scheindlin on 9/12/08) (tro) (Entered: 09/12/2008) | ||
| 2008-09-16 | 88 | 0 | Endorsed Letter | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Prathyusha Reddy dated 9/16/08 re: IN light of plaintiff's violation of the pre-trial ruling, defendants request that a strong curative instruction be given to the jury that the examination was improper and that they are not permitted to consider the aforementioned line of questioning and Detective Henn's responses in their deliberations. ENDORSEMENT: Request denied in all respects. Defendants may not fax any letters to the Court without this Court's express prior permission. The defendants have written ten letters to the Court in eleven calendar days. This must stop. (Signed by Judge Shira A. Scheindlin on 9/15/08) (tro) (Entered: 09/16/2008) | ||
| 2008-09-17 | 89 | 0 | Order | ORDER; that this action be, and the same hereby is, discontinued with prejudice but without costs; provided, however, that within ninety days of the date of this Order, counsel for any party may apply by letter for restoration of the action to the calendar of the undersigned if the settlement is not effected, in which event the action will be restored. (Signed by Judge Shira A. Scheindlin on 9/17/08) Copies Mailed By Chambers.(pl) (Entered: 09/17/2008) | ||
| 2008-09-22 | 90 | 0 | Transcript | TRANSCRIPT of proceedings held on June 16, 2008 2:00 p.m. before Judge Shira A. Scheindlin. (mro) (Entered: 09/22/2008) | ||
| 2008-09-22 | 91 | 0 | Transcript | TRANSCRIPT of proceedings held on June 16, 2008 2:00 p.m. before Judge Shira A. Scheindlin. (mro) (Entered: 09/22/2008) | ||
| 2008-09-25 | 92 | 0 | Stipulation and Order | STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE: It is hereby stipulated and agreed that the above-referenced action is hereby dismissed with prejudice, and without costs, expenses, or fees except as provided for in paragraph "2" below. The City of New York hereby agrees to pay plaintiff the sum of OneHundred and Fifty Thousand Dollars ($150,000.00) in full satisfaction of all claims, inclusive of claims for costs, expenses and attorney's fees. In consideration for the payment of this sum, plaintiff agrees to the dismissal of all claims against defendants the City of New York and Patrick Henn and to release all defendants and any present or former employees or agents of the City of New York from any and all liability, claims, or rights of action that have or could have been alleged by plaintiff in this action arising out of the events alleged in the complaint in this action, including claims for costs, expenses and attorney's fees. (Signed by Judge Shira A. Scheindlin on 9/25/2008) (jfe) (Entered: 09/25/2008) | ||
| 2009-02-23 | 93 | 0 | Order | ORDER For the reasons set forth in this order, plaintiffs request to modify the settlement and allow its introduction in the pending criminal case is denied. (Signed by Judge Shira A. Scheindlin on 2/23/09) (mme) (Entered: 02/23/2009) |