Case: Jeremy M. v. Giuliani

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $150.00. RECEIPT # 383372. (em) (Entered: 08/31/2000)

CASE REFERRED TO: Judge Robert J. Ward. (em) (Entered: 08/31/2000)

Affidavit of service as to Seamen's Society by Charles Rose, VP on 9/1/00. Answer due on 9/21/00 for Seamen's Society. (lam) (Entered: 09/06/2000)

Affidavit of service as to Children's Services by Sylvia Vallejo, Process Clerk on 8/31/00. Answer due on 9/20/00 for Children's Services. (lam) (Entered: 09/06/2000)

Affidavit of service as to Nicholas Scoppetta by Sylvia Vallejo, Process Clerk on 8/31/00. Answer due on 9/20/00 for Nicholas Scoppetta. (lam) (Entered: 09/06/2000)

Affidavit of service as to City of New York by Sylvia Vallejo, Process Clerk on 8/31/00. Answer due on 9/20/00 for City of New York. (lam) (Entered: 09/06/2000)

Affidavit of service as to Rudolph Giuliani by Sylvia Vallego, Process Clerk on 8/31/00. Answer due on 9/20/00 for Rudolph Giuliani. (lam) (Entered: 09/06/2000)

Case accepted as related to 1:99cv 648. Notice of assignment to follow. (bm) (Entered: 09/11/2000)

Notice of assignment to Judge Robert J. Ward . Copy of notice and judge's rules mailed to Attorney(s) of record: Michael S. Popkin, Miriam M. Robinson, Jeffrey K. Powell, Ira P. Lustbader, Marcia Robinson Lowry . (bm) (Entered: 09/11/2000)

STIPULATION and ORDER; reset answer due for 11/3/00 for Seamen's Society, for Children's Services, for Nicholas Scoppetta, for City of New York, for Rudolph Giuliani. No further extensions of the defts' time to answer to the complaint in this action ; ( signed by Judge Robert J. Ward)(djc) Modified on 10/24/2000 (Entered: 10/23/2000)

ANSWER to Complaint by Rudolph Giuliani, City of New York, Nicholas Scoppetta, Children's Services (Attorney Antoinette Wavene Blanchette from the Firm: Michael D. Hess) . (djc) (Entered: 11/02/2000)

SCHEDULING ORDER: Discovery cutoff 3/14/01; Deadline for filing of summary judgment motions 3/28/01; Joint Pretrial order to be submitted on or before 3/28/01; in the event plntfs fail to comply with the Court's direction, or to seek an extension by timely application, the Court on its own motion will dismiss plntfs' claims for lack of prosecution and in the event any deft fails to comply with this or any subsequent scheduling order, the answer will be stricken and an inquest directed in favor of plntfs upon a default judgment ( signed by Judge Robert J. Ward ); Copies mailed. (cd) (Entered: 11/22/2000)

Pretrial Conference held before Judge Robert J. Ward; scheduling order signed: discovery to be completed by 3/14/01 and motions for summary judgment and the filing of a joint pretrial order by 3/28/01. (lam) (Entered: 11/29/2000)

STIPULATION and ORDER; that the parties shall have until 11/29/00, to negotiate and submit to the Court for approval an agreed Protective Order in connection with the records produced in response to Pltffs' First Reequest for Production of Documents; if the parties are unable to reach agreement by that date, the parties shall each submit to the Court a proposed Protective Order no later than 11/30/00, after which the Court shall issue a Protective Order which shall govern the parties ; that defts Rudolph Giuliani, The City of New York, Nicholas Scoppetta and the New York City Administration For Children's Services (collectively the "City Defts") shall produce documents in response to Pltffs' First Request for the Production of Documents within three days of the date of the Court's approval of the parties' agreed Protective Order or the Court's issuance of its own Protective Order, whichever occurs; that deft Seamen's Society For Children and Families ("Seamen's Society"), shall produce documents in response to Pltffs' First Request for the Production of Documents within seven days of the date of the Court's approval of the parties' agreed Protective Order or the Court's issuance of its own Protective Order, whichever occurs ; ( signed by Judge Robert J. Ward ) (lf) (Entered: 12/04/2000)

AGREED PROTECTIVE ORDER; effective immediately, any individually−identifying information, regarding any plaintiff, such plaintiff's family members, foster family members, casework and supervisory staff working directly on the plaintiff's protective, preventive, foster care, and/or social service case, and persons included in any case files as the source of reports to the State Central Registry (including but not limited to these persons' names, addresses, telephone numbers, social security numbers, dates of birth, and other information in the circumstances of each case likely to enable a reasonable member of the general public to ascertain their identities) that is obtained by the parties or their counsel exclusively through the discovery process herein, may be disclosed by them only to such persons as are necessary for the effective prosecution of this litigation (including, but not limited to, plaintiffs' counsel, experts and consultants), and any such persons to whom this information is to be disclosed shall sign a copy of the agreement attached hereto and made a part hereof as Exhibit A, prior to receiving any such nformation . ( signed by Judge Robert J. Ward ); Copies mailed. (djc) Modified on 12/05/2000 (Entered: 12/05/2000)

ANSWER by Rudolph Giuliani, City of New York, Nicholas Scoppetta, Children's Services to crossclaim of Seamen's Society for Children and Families; Firm of: Corporation Counsel of N.Y.C. (pl) (Entered: 12/13/2000)

CROSSCLAIM by Rudolph Giuliani, City of New York, Nicholas Scoppetta, Children's Services against Seamen's Society (pl) (Entered: 12/13/2000)

Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including Initial Case Management Conference. Referred to Magistrate Judge Theodore H. Katz ( signed by Judge Thomas P. Griesa ) (cd) (Entered: 03/09/2001)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for discovery disputes only when District Judge is unavailable; Referred to Magistrate Judge Theodore H. Katz. (signed by Judge J. Ward ) (djc) (Entered: 04/09/2001)

Pretrial Conference held before Judge Robert J. Ward. (kw) (Entered: 04/18/2001)

NOTICE OF MOTION by Jeremy M. for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M ; Return date 5/14/01. (cd) (Entered: 04/30/2001)

CERTIFICATION of Jeffrey K. Powell by Jeremy M. in support of [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M . (cd) (Entered: 04/30/2001)

MEMORANDUM OF LAW by Jeremy M. in support of [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M . (cd) (Entered: 04/30/2001)

SEALED DOCUMENT placed in vault. (rp) (Entered: 05/02/2001)

AFFIRMATION of Michael P. Mezzacappa, Esq. by Seamen's Society in opposition to Re: [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M. (kw) (Entered: 05/15/2001)

MEMORANDUM OF LAW by Seamen's Society in opposition to [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M. (kw) (Entered: 05/15/2001)

REPLY MEMORANDUM by plaintiffs in support of motion for a protective order imposing procedural safeguards in connection with deposition of plaintiff Jeremy M. (kw) (Entered: 10/31/2001)

DISCOVERY ORDER; that no later than 6/11/01, counsel for ACS will inform Plaintffs in writing of the progress which ACS has made is identifying and location additional documents responsive to Documents Request Nos. 5,6,7, and shall be specify the source of any responsive documents produced as of that date as well as any further efforts necessary to identify other responsive documents ; no later than 6/18/01, dft. ACS shall produce all documents responsive to Document Requests Nos. 5,6,7, and inform plaintiffs in writing of other efforts, if any, then being made to locate additional responsive documents ; that within 7 days of the dat of this Order, dft. ACS shall (a) designate appropriate individual(s) to testify on each of the subject matters set forth in the Notice of Deposition of dft. ACS Pursuant to F.R.C.P. 30(b)(6); (b) specify on which subject matters in the Ntc. each witness will testify; and (c) specify when the witness(es) is available to testify in June 2001. The parties shall schedule the depositions(s) for the earliest possible convenient time for all parties and shall make all reasonable efforts to schedule the deposition(s) to take place no later than 6/29/01 ; the current Court−ordered deadline for the completion of discovery in this case of 6/14/01 shall be adjourned without date, and the Court will set a new discovery schedule after hearing the positions of all parties on this matter . ( signed by Judge Robert J. Ward ); Copies mailed. (pl) (Entered: 05/30/2001)

Hearing held on pltff Jermemy M's motion for a protective order before Judge Ward. (lam) (Entered: 06/07/2001)

AMENDED SCHEDULING ORDER: the Court held a pretrial conference on this date at which time the parties were directed to furnish their experts' reports by 9/7/01 and complete dicovery by 10/5/01 and file their dispositive motions or a joint pretrial order on or before 11/2/01. That in the event any pltff fails to comply with the Court's direction, or to seek an extension by timely application, the Court on its own motion will dismiss pltff's claims for lack of prosecution. That in the event any deft fails to comply with this or any subsequent scheduling order, the answer will be stricken and an inquest directed in favor of pltffs upon a default judgment. ( signed by Judge Robert J. Ward ); Copies mailed. (sac) (Entered: 06/11/2001)

CONSENT ORDER to CHANGE ATTORNEY; the firm of Kaufman, Borgeest &Ryan is substituted as attorneys of record for Seamen's Society for Children and Families ; ( signed by Judge Robert J. Ward ); (djc) (Entered: 06/25/2001)

Settlement Conference held before Judge Robert J. Ward . (djc) (Entered: 07/20/2001)

Transcript of record of proceedings before Judge Robert J. Ward on 6/7/01. (kw) (Entered: 07/31/2001)

Pretrial Conference held before Judge Robert J. Ward. (kw) (Entered: 08/16/2001)

ORDER, all papers filed in support of plaintiffs' motion for an infant compromise order approving the settlement reached in this action shall be filed with the office of the Clerk of the Court under seal solely in order to protect the confidentiality of the identity of the plaintiffs in this action . ( signed by Judge Robert J. Ward ); Copies mailed. (kw) (Entered: 12/04/2001)

SEALED DOCUMENT placed in vault. (wv) (Entered: 12/07/2001)

NOTICE of change of address by Seamen's Society, new location: Kaufman, Borgeest &Ryan 200 Summit Lake Dr. 1st Floor Valhalla, NY 10595. phone (914) 741−6100 . (bai) (Entered: 12/12/2001)

INFANT COMPROMISE ORDER, that this matter is settled at a cost to defendants of the sum of $260,000.00, with Frontier Insurance Company, the insurer of defendant Seamen's Society for Children and Families, agreeing to pay $150.000.00, and the City Defendants agreeing to pay $110,000.00, and the City Defendants agreeing to waive enforcement of any right they may have to recoup any benefit payments as further set forth on this Order. That upon making and receipt of all of the payments above directed in compliance with this Order, as well as the assignment to Metropolitan Insurance &Annuity Company, as set forth, the defendants shall then be discharged from any and all responsibility as to the causes of action set forth in this action . ( signed by Judge Robert J. Ward ); Copies mailed. (tp) (Entered: 12/20/2001)

Case closed. (tp) (Entered: 01/02/2002)

SEALED DOCUMENT placed in vault. (wv) (Entered: 01/02/2002)

STIPULATION AND ORDER of discontinuance of this action purs. to 41(a)(1)(ii) of the FRCP w/ prejudice and the parties have settled this action purs. to a separate settleent agreement. ( signed by Judge Robert Ward ) (ae) Modified on 03/12/2002 (Entered: 03/12/2002)