1
|
COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 190156 (jl) (Entered: 04/20/1993)
|
April 20, 1993
|
April 20, 1993
|
2
|
Rule 9 certificate filed by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (jl) (Entered: 04/20/1993)
|
April 20, 1993
|
April 20, 1993
|
3
|
Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as complex. Case is designated to Magistrate Judge Gershon. (sd) (Entered: 04/21/1993)
|
April 20, 1993
|
April 20, 1993
|
4
|
INITIAL PRE−TRIAL CONFERENCE NOTICE &ORDER, set pretrial conference for 6/14/93 for the purpose of discussing settlement, exploring contemplated motions etc. ( signed by Judge Kenneth Conboy ); Copies mailed (sc) Modified on 04/30/1993 (Entered: 04/30/1993)
|
April 29, 1993
|
April 29, 1993
|
5
|
STIPULATION and ORDER, reset answer due for 6/10/93 for NYC Personnel, for The City of New York, for NYC Dept. of Parks ( signed by Judge Kenneth Conboy ). (mk) (Entered: 05/20/1993)
|
May 19, 1993
|
May 19, 1993
|
6
|
ANSWER to Complaint by NYC Dept. of Parks, The City of New York, NYC Personnel (Attorney Naomi F. Sheiner), ; Firm of: OPS by attorney Naomi F. Sheiner for defendant NYC Personnel (mk) (Entered: 06/14/1993)
|
June 11, 1993
|
June 11, 1993
|
7
|
PRETRIAL SCHEDULING ORDER setting Discovery cutoff 9/20/93 ; Pretrial order to be submitted on or before 10/20/93 ; Trial ready deadline 9:30 11/23/93 ; ( signed by Judge Kenneth Conboy ) ; Copies mailed (mk) (Entered: 07/23/1993)
|
July 23, 1993
|
July 23, 1993
|
8
|
Filed Memo_Endorsement on letter from Ivan D. Smith dated 9/17/93, extending time of discovery an additional 60 days... SO ORDERED, CONBOY, J. ( signed by Judge Kenneth Conboy ) CMC (mk) (Entered: 09/21/1993)
|
Sept. 20, 1993
|
Sept. 20, 1993
|
9
|
STIPULATION and PROTECTIVE ORDER, for confidentiality of "Confidential MAterials": personal information, including but not limited to social security number, salary, pension, etc... ( signed by Judge Kenneth Conboy ). (mk) (Entered: 10/19/1993)
|
Oct. 15, 1993
|
Oct. 15, 1993
|
10
|
Filed Memo_Endorsement on letter from Denny Chin dated 11/9/93, reset discovery due for 1/14/94... SO ORDERED, CONBOY, J. ( signed by Judge Kenneth Conboy ) (mk) (Entered: 11/15/1993)
|
Nov. 12, 1993
|
Nov. 12, 1993
|
11
|
NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge ELLIS. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Naomi F. Sheiner, Judith P. Vladeck . (kk) (Entered: 12/13/1993)
|
Dec. 13, 1993
|
Dec. 13, 1993
|
12
|
Notice of reasgmnt _ to Judge Allen G. Schwartz Copy of notice and judge's rules mailed to Attorney(s) of record: Naomi F. Sheiner, Judith P. Vladeck . (dg) (Entered: 01/25/1994)
|
Jan. 25, 1994
|
Jan. 25, 1994
|
13
|
STIPULATION and ORDER, reset discovery due for 2/14/94 ( signed by Judge Allen G. Schwartz ). (mk) (Entered: 02/15/1994)
|
Feb. 14, 1994
|
Feb. 14, 1994
|
14
|
PRETRIAL SCHEDULING ORDER setting Discovery cutoff 5/13/95 ; Pretrial order to be submitted on or before 6/15/95; Trial to be scheduled...So Ordered...( signed by Judge Allen G. Schwartz ) ; Copies mailed (pl) (Entered: 12/19/1994)
|
Dec. 13, 1994
|
Dec. 13, 1994
|
15
|
STIPULATION and ORDER, that purs. to Rule 42(b) of the FRCP, the issue of damages with respect to all pltffs' claims will be tried separately, if necessary, following resolution of the issue of the liabilit of defts with respect to all of pltff's claims. ( signed by Judge Allen G. Schwartz ). (kg) (Entered: 06/19/1995)
|
June 15, 1995
|
June 15, 1995
|
|
Pre−trial conference held (cd) (Entered: 09/28/1995)
|
Sept. 12, 1995
|
Sept. 12, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 12, 1995
|
Sept. 12, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 13, 1995
|
Sept. 13, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 14, 1995
|
Sept. 14, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 15, 1995
|
Sept. 15, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 19, 1995
|
Sept. 19, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 20, 1995
|
Sept. 20, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 21, 1995
|
Sept. 21, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 22, 1995
|
Sept. 22, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 27, 1995
|
Sept. 27, 1995
|
|
Jury trial held (cd) (Entered: 09/28/1995)
|
Sept. 27, 1995
|
Sept. 27, 1995
|
|
Jury trial held and concluded; verdict in favor of deft (cd) (Entered: 09/28/1995)
|
Sept. 28, 1995
|
Sept. 28, 1995
|
17
|
JOINT PRETRIAL ORDER filed ( signed by Judge Allen G. Schwartz ) (kg) (Entered: 10/02/1995)
|
Sept. 28, 1995
|
Sept. 28, 1995
|
18
|
JUDGMENT, A Jury Trial before Judge Schwartz, having begun on 9/12/95, and the the conclusion of the trial the jury having answered the attached "Jury Verdict Form," and the jury in so doing having returned a verdict in favor of defendants, it is, ORDERED, ADJUDGED AND DECREED: That the complaint be and it is hereby dismissed. JAMES M. PARKISON ; Mailed copies and notice of right to appeal. (EOD 10/4/95) (ae) (Entered: 10/04/1995)
|
Oct. 3, 1995
|
Oct. 3, 1995
|
|
Case closed (ae) (Entered: 10/04/1995)
|
Oct. 3, 1995
|
Oct. 3, 1995
|
19
|
NOTICE OF MOTION by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena for a new trial , Return date 11/8/95. Affidavits in support attached. (emil) (Entered: 10/18/1995)
|
Oct. 13, 1995
|
Oct. 13, 1995
|
20
|
MEMORANDUM by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena in support of [19−1] motion for a new trial (emil) (Entered: 10/18/1995)
|
Oct. 13, 1995
|
Oct. 13, 1995
|
21
|
Transcript of record of proceedings filed for dates of September 19,20,21,22,27,28 (rag) (Entered: 10/24/1995)
|
Oct. 24, 1995
|
Oct. 24, 1995
|
22
|
Transcript of record of proceedings filed for dates of September 13,14,15,1995 (rag) (Entered: 10/24/1995)
|
Oct. 24, 1995
|
Oct. 24, 1995
|
23
|
DECLARATION of Naomi Sheiner by NYC Dept. of Parks, The City of New York, NYC Personnel in opposition to [19−1] motion for a new trial (ae) (Entered: 11/16/1995)
|
Nov. 2, 1995
|
Nov. 2, 1995
|
24
|
MEMORANDUM OF LAW by NYC Dept. of Parks, The City of New York, NYC Personnel in opposition to [19−1] motion for a new trial (ae) (Entered: 11/16/1995)
|
Nov. 2, 1995
|
Nov. 2, 1995
|
25
|
NOTICE of HEARING by NYC Dept. of Parks, The City of New York, NYC Personnel − that upon the annexed Bill of Costs submitted Paul A. Crotty, ....and exhibits annexed thereto and on all the papers and proceedings had heretofore herein, the under signed will appear before the Judgment Clerk at the Courthouse... on the 4th day of December, 1995 at 10:00 am ... for a hearing as to taxable costs in this action, pursuant to 28 U.S.C. section 1920, Rule 54 of the Federal Rules of Civil Procedure, Rules 11 and 12 of the Local of the Southern District, Standing Order No. 3 of the Southern District and Rule X of the Individual Rules of Practice of Judge Allen G. Schwartz requiring counsel to order daily copy of the trial transcript. (djc) Modified on 11/17/1995 (Entered: 11/17/1995)
|
Nov. 2, 1995
|
Nov. 2, 1995
|
27
|
SECOND AFFIDAVIT of James D. Esseks by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena in support of Re: [19−1] motion for a new trial (ae) (Entered: 11/21/1995)
|
Nov. 8, 1995
|
Nov. 8, 1995
|
28
|
SUR−REPLY MEMORANDUM by NYC Dept. of Parks, The City of New York, NYC Personnel re: [19−1] motion for a new trial (pl) (Entered: 11/21/1995)
|
Nov. 13, 1995
|
Nov. 13, 1995
|
29
|
SECOND DECLARATION of Naomi Sheiner (pl) (Entered: 11/21/1995)
|
Nov. 13, 1995
|
Nov. 13, 1995
|
30
|
Transcript of record of proceedings filed for dates of 9/13/95 (rag) (Entered: 11/24/1995)
|
Nov. 22, 1995
|
Nov. 22, 1995
|
31
|
DECLARATION of Naomi Sheiner, Asst. Corp. Counsel for NYC Dept. of Parks, The City of New York, NYC Personnel in OPPOSITION to pltff' request that the Court examine additional Jurors. (lam) (Entered: 12/11/1995)
|
Dec. 6, 1995
|
Dec. 6, 1995
|
32
|
Transcript of record of proceedings filed for dates of 10/6/95 (rag) (Entered: 12/11/1995)
|
Dec. 11, 1995
|
Dec. 11, 1995
|
33
|
OPINION AND ORDER # 75849 denying [19−1] motion for a new trial. SO ORDERED: ( Signed by Judge Allen G. Schwartz ); (ae) (Entered: 12/15/1995)
|
Dec. 14, 1995
|
Dec. 14, 1995
|
34
|
PLAINTIFFS' EXHIBITS CONSISTING OF STATMENETS BY DEFENDANTS' EMPLOYEES ARE ADMISSIBLE UNDER RULE 801(d)(2)(D) (dkt. &fld. as per instr. of chambers on 1/2/96) (pl) Modified on 01/11/1996 (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
35
|
THE AWARD IN THE OUT−OF TITLE WORK ARBITRATION BETWEEN THE CITY AND CITY PARK WORKERS AND THE AGREEMENT SETTLING THOSE CLAIMS ARE BOTH ADMISSIBLE (pl) (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
36
|
THE AWARD IN THE OUT−OF−TITLE WORK ARBITRATION BETWEEN THE CITY AND CITY PARK WORKERS AND THE AGREEMENT SETTLING THOSE CLAIMS ARE BOTH ADMISSIBLE FOR IMPEACHMENT PURPOSES (pl) (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
37
|
Request to charge by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (dktd. &fld. as per instr. of chambers on 1/2/96) (pl) Modified on 01/11/1996 (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
38
|
Exhibit Consisting of Statements by Defendants' Employees Are Admissible Under Rle 801(d)(2)(D) by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (pl) (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
39
|
SUPPLEMENTAL BRIEF ON THE ADMISSIBLILITY OF THE ARBITRATION AWARD AND SETTLEMENT AGREEMENT by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena (dktd. &fld. as per instr. of chambers on 1/2/96) (pl) Modified on 01/05/1996 (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
40
|
THE EEOC NO PROBABLE CAUSE FINDING SHOULD BE EXCLUDED (DKT. &FLD. AS PER INSTR. OF CHAMBERS ON 1/2/96) (pl) (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
41
|
MEMORANDUM by NYC Dept. of Parks, The City of New York, NYC Personnel in support of EVIDETIARY RULINGS (pl) (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
42
|
TRIAL MEMORANDUM OF LAW by NYC Dept. of Parks, The City of New York, NYC Personnel (pl) (Entered: 01/05/1996)
|
Jan. 2, 1996
|
Jan. 2, 1996
|
43
|
Transcript of record of proceedings filed for dates of 11/28/95 (rag) (Entered: 01/10/1996)
|
Jan. 10, 1996
|
Jan. 10, 1996
|
44
|
Transcript of record of proceedings filed for dates of 11/17/95 (rag) (Entered: 01/10/1996)
|
Jan. 10, 1996
|
Jan. 10, 1996
|
45
|
NOTICE OF APPEAL by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena ; from [18−1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Naomi F. Sheiner . (em) (Entered: 01/18/1996)
|
Jan. 10, 1996
|
Jan. 10, 1996
|
46
|
ORDER AND STIPULATION SUPPLEMENTING THE RECORD ON APPEAL, that the following documents, copies of which are attached hereto, were submitted to the Court during the trial of this action but do not appear on the Civil Docket for this action and are not included in the case files in the Office of the Clerk of the SDNY. The parties hereby agree that these documents should be included in the record on appeal. ( signed by Judge Allen G. Schwartz ). (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
46
|
TRIAL MEMORANDUM OF LAW by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena. (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
46
|
MEMORANDUM requesting an instruction regarding the civil service law by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena. (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
46
|
Supplemental Request to charge No. 1A by District Council 37, Joseph R. Zurlo, James Welsh, Charles J. Santarpia, Frank Desena. (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
46
|
Objection(s) to pltffs' Jurt Instructions 7A by NYC Dept. of Parks, The City of New York. (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
46
|
All of pltffs' Exhibits admitted at trial, consisting of the following numbered exhibits: 1,2,3,4,11,12,14,29,30,31,34,36,37,40,41, 44, 56A, 56B, 58,60,64,67,72,76,77,78,80 and 82. (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
46
|
All of defts' Exhibits admitted at trial, consisting of the following exhibits" F,J,L,T,W,X,Y,EE,HH,LL,MM,NN,RR,UU,XX and ZZ. (kg) (Entered: 02/26/1996)
|
Feb. 23, 1996
|
Feb. 23, 1996
|
47
|
ORDER, ...ACCORDINGLY, PLTFFS' REQUEST TO HAVE THE DOCUMENT INCLUDED IN THE DISTRICT COURT CASE FILES, SO THAT IT MAY BE INCLUDED IN THE RECORD ON APPEAL OF THIS ACTION, IS DENIED...SO ORDERED... ( signed by Judge Allen G. Schwartz ); Copies mailed (ls) (Entered: 02/29/1996)
|
Feb. 28, 1996
|
Feb. 28, 1996
|
48
|
AMENDED ORDER, ...Accordingly, pltffs' request to have the doc. incl. in the District Court case files, so that may be in the record on appeal of this action, is DENIED...SO ORDERED... ( signed by Judge Allen G. Schwartz ); Copies mailed (ls) Modified on 03/07/1996 (Entered: 03/07/1996)
|
March 6, 1996
|
March 6, 1996
|
49
|
Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals on 3/8/96: [45−1] appeal by Frank Desena, Charles J. Santarpia, James Welsh, Joseph R. Zurlo, District Council 37 (ae) (Entered: 03/11/1996)
|
March 8, 1996
|
March 8, 1996
|
50
|
True Copy of Order from the USCA RE: [45−1] appeal by Frank Desena, Charles J. Santarpia, James Welsh, Joseph R. Zurlo, District Council 37: The court noting that an order dismissing the appeal having been entered in error on 3/12/96, it is hereby ordered that the order be and it hereby is vacated and it is further noted that the appeal be and it hereby is reinstated, and scheduling order No. 2 dated 3/12/96 is in effect. (96−7050). GEORGE LANGE III, Clerk, U.S.C.A. (em) (Entered: 03/19/1996)
|
March 19, 1996
|
March 19, 1996
|
51
|
MANDATE OF USCA (certified copy) Re: [45−1] appeal by Frank Desena, Charles J. Santarpia, James Welsh, Joseph R. Zurlo, District Council 37. It is now hereby ordered, adjudged and decreed that the judgment be and it hereby is affirmed. (96−7050) George Lange, III, Clerk, USCA. (as) (Entered: 06/11/1997)
|
June 10, 1997
|
June 10, 1997
|
|
Indexed record on appeal files (96−7050) returned from the U.S.C.A. on November 10, 1997. (dt) (Entered: 11/21/1997)
|
Nov. 21, 1997
|
Nov. 21, 1997
|