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Order | Filed: June 07, 2024 | Entered: June 07, 2024 White v. County of Suffolk et. al.
Civil Rights: Other | New York Eastern
Order on Motion for Sanctions Order on Motion for Discovery Order on Motion to Compel ~Util - Set Deadlines/Hearings
MEMORANDUM ORDER re 171 Motion for Sanctions; 177 Motion for Discovery and 182 Motion to Compel: As set forth in the attached Memorandum Order, For the reasons stated herein, Plaintiff's First Motion for Sanctions (ECF No. 171 ) is GRANTED in part and DENIED in part. Plaintiff is directed to file, consistent with this decision, a revised proof of costs and fees associated with the making of his First, Second, and Fifth Motions to Compel, as well as proof of costs and fees associated with the making of his First Motion for Sanctions, on or before July 3, 2024. Plaintiff's Second Motion for Sanctions (ECF No. 177 ) is GRANTED in part and DENIED in part. The Court finds that lesser sanctions should be imposed in the form of costs and attorney's fees associated with the bringing of the motion. Plaintiff is directed to file proof of costs and fees associated with the Second Motion for Sanctions on or before July 3, 2024. Finally, Plaintiff's "Ninth" Motion to Compel (ECF No. 182 ) is GRANTED. With respect to the Internal Affairs files, Counsel for Plaintiff is directed to serve Defendants with a comprehensive and list specifically identifying the outstanding Internal Affairs files (contained on the "DVD") to be produced by June 14, 2024, and Defendants are directed to produce responsive documents to Plaintiff's Counsel on or before June 21, 2024. To the extent the Defendants do not have possession, custody or control over the Internal Affairs files, they are to provide Plaintiff with a sworn affidavit stating so. With respect to Monell discovery, Counsel for the County Defendants is directed to serve on Plaintiff's Counsel and file on ECF an updated thumb drive containing outstanding Monell discovery, along with a comprehensive index of its contents, on or before June 14, 2024. To the extent the County Defendants are not in possession nor have the ability to possess responsive Monell discovery, they are to provide Plaintiff with a sworn affidavit stating so. On or before June 21, 2024, the parties are directed to file a Joint Status Report advising the Court if the "DVD" and "thumb drive: issues raised by Plaintiff's Counsel at ECF No. 182 has been resolved. If any disagreements remain over the contents of the thumb drive and/or the DVD, the parties are directed to appear, with the thumb drive, DVD and personal computers, for an in-person conference scheduled for June 25, 2024 at 11 a.m. at the United States District Court, Eastern District of New York, 100 Federal Plaza, Courtroom 1020, Central Islip, New York. If the dispute is reported as resolved, the June 25 conference will be cancelled. The deadline for all discovery is extended to August 2, 2024, and the last date to take first step of dispositive motion practice before the Hon. Ramon E. Reyes, Jr. is extended to August 23, 2024. This is the final extension and there will be no further extensions of these deadlines. If a motion for summary judgment is not filed, the parties shall file a letter by that date indicating they are not moving for summary judgment, at which time the undersigned will set a date for the Final Pretrial Conference. So Ordered by Magistrate Judge James M. Wicks on 6/7/2024. (DF)
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Order | Filed: June 07, 2024 | Entered: June 07, 2024 Scottsdale Insurance Company v. Empire State Medi-Cab, Inc. et al
Insurance | New York Eastern
Order on Motion to Adjourn Conference
ORDER granting 31 Motion to Adjourn Conference
The IN-PERSON pre-motion conference is scheduled for July 24, 2024 IS ADJOURNED TO AUGUST 27, 2024 at 2:00 PM before Judge Gary R. Brown, Courtroom 940, 100 Federal Plaza, Central Islip, NY 11722, at which time the parties should be prepared to address plaintiff's anticipated motion for (i) a default judgment as against defendant Empire State Medi-Cab, Inc., and (ii) summary judgment against the remaining defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 27. Counsel shall appear at such time with their clients.
Counsel are reminded that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).
Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8.
Ordered by Judge Gary R. Brown on 6/7/2024. (LJ)
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Notice | Filed: June 07, 2024 | Entered: June 07, 2024 Jenkins v. Melchiona et al
Civil Rights: Other | New York Eastern
Notice of Appearance
NOTICE of Appearance by Sara J. Wolkensdorfer on behalf of Lawrence Jenkins (aty to be noticed) (Wolkensdorfer, Sara)
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