1
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COMPLAINT against John S. Bates Jr., County of Schoharie, Jim Hazzard ( Filing fee $ 150 receipt number 72705.), filed by John Kelsey, Timothy Wright.(wbl, ) (Entered: 03/22/2004)
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March 19, 2004
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March 19, 2004
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Summons Issued as to John S. Bates Jr., County of Schoharie, Jim Hazzard. (wbl, ) (Entered: 03/22/2004)
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March 19, 2004
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March 19, 2004
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2
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G.O. 25 FILING ORDER ISSUED Initial Conference set for 7/27/2004 10:30 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 7/19/2004. (wbl, ) (Entered: 03/22/2004)
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March 19, 2004
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March 19, 2004
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3
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SUMMONS Returned Executed by John Kelsey, Timothy Wright. John S. Bates Jr. served on 4/5/2004, answer due 4/26/2004. (tab, ) (Entered: 04/19/2004)
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April 19, 2004
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April 19, 2004
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4
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ANSWER to Complaint by John S. Bates Jr., County of Schoharie, Jim Hazzard.(Yatsco, Tanya) (Entered: 04/26/2004)
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April 26, 2004
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April 26, 2004
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5
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CERTIFICATE OF SERVICE by John S. Bates Jr., County of Schoharie, Jim Hazzard of Answer to Complaint (Yatsco, Tanya) (Entered: 04/26/2004)
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April 26, 2004
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April 26, 2004
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6
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CIVIL CASE MANAGEMENT PLAN by John Kelsey, Timothy Wright. (Attachments: # 1 Letter to Court Regarding Filing of Case Management Plan)(Keach, Elmer) (Entered: 05/12/2004)
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May 12, 2004
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May 12, 2004
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8
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AFFIDAVIT of Service for Affidavit of Service served on Jim Hazzard on April 5, 2004, filed by John Kelsey. (Rozger, Jason) (Entered: 06/01/2004)
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June 1, 2004
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June 1, 2004
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9
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AFFIDAVIT of Service for Affidavit of Service served on John S. Bates, Jr. on April 5, 2004, filed by John Kelsey. (Rozger, Jason) (Entered: 06/01/2004)
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June 1, 2004
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June 1, 2004
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10
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Letter from Tanya A. Yatsco for John S. Bates Jr., County of Schoharie, Jim Hazzard requesting Consideration of Defendants' CCMP. (Yatsco, Tanya) (Entered: 07/25/2004)
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July 25, 2004
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July 25, 2004
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11
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ORDER TO SHOW CAUSE/MOTION to show why defendants should not be Compelled to obtain seperate counsel .(tab) (Entered: 07/27/2004)
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July 27, 2004
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July 27, 2004
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12
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UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 11/1/2004. Amended Pleadings due by 11/1/2004. Discovery due by 4/1/2005. Motions to be filed by 6/1/2005. Trial Ready Deadline is 6/1/2005. Jury Trial set for 9/27/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Parties opt out of ADR. Signed by Judge David R. Homer on 7/27/04. (tab) (Entered: 07/27/2004)
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July 27, 2004
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July 27, 2004
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13
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Minute Entry for proceedings held before Judge David R. Homer : Initial Pretrial Conference held on 7/27/2004. (tab) (Entered: 07/28/2004)
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July 28, 2004
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July 28, 2004
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14
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NOTICE of Hearing: Status Conference set for 11/10/2004 10:00 AM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 07/28/2004)
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July 28, 2004
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July 28, 2004
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15
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NOTICE by John S. Bates Jr., County of Schoharie, Jim Hazzard of In Camera Submission Regarding Joint Representation (Attachments: # 1 Certificate of Service)(Johnson, Gregg) (Entered: 08/27/2004)
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Aug. 27, 2004
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Aug. 27, 2004
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16
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ORDER re 11 MOTION to Compel. Signed by Judge David R. Homer on 9/7/04. (tab) (Entered: 09/13/2004)
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Sept. 7, 2004
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Sept. 7, 2004
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17
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ORDER APPROVING DEFENDANT'S WAIVER OF POTENTIAL CONFLICT . Signed by Judge David R. Homer on 9/7/04. (ban) (Entered: 09/14/2004)
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Sept. 7, 2004
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Sept. 7, 2004
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18
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SEALED DOCUMENT (Attorney Affidavits)− maintained in Clerk's Office and not available for electronic viewing (tab) (Entered: 09/16/2004)
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Sept. 7, 2004
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Sept. 7, 2004
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19
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Letter for John Kelsey requesting discovery conference. (Attachments: # 1 Exhibit A)(Rozger, Jason) (Entered: 09/30/2004)
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Sept. 30, 2004
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Sept. 30, 2004
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20
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LETTER BRIEF REGARDING DISCOVERY DISPUTE by John S. Bates Jr., County of Schoharie, Jim Hazzard. (Yatsco, Tanya) (Entered: 09/30/2004)
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Sept. 30, 2004
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Sept. 30, 2004
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21
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Minute Entry for proceedings held before Judge David R. Homer : Status Conference held on 10/4/2004. (tab) (Entered: 10/07/2004)
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Oct. 7, 2004
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Oct. 7, 2004
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22
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STIPULATION Protective Order by John S. Bates Jr., County of Schoharie, Jim Hazzard. (Johnson, Gregg) (Entered: 10/15/2004)
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Oct. 15, 2004
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Oct. 15, 2004
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23
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NOTICE of Appearance by Gregg T. Johnson on behalf of John S. Bates Jr., County of Schoharie, Jim Hazzard (Attachments: # 1 Certificate of Service)(Johnson, Gregg) (Entered: 10/16/2004)
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Oct. 16, 2004
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Oct. 16, 2004
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24
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Minute Entry for proceedings held before Judge David R. Homer : Status Conference held on 11/10/2004. (tab) (Entered: 11/15/2004)
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Nov. 12, 2004
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Nov. 12, 2004
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25
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NOTICE of Appearance by Jacinda N. Hall on behalf of all defendants (Attachments: # 1 Certificate of Service)(Hall, Jacinda) (Entered: 11/23/2004)
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Nov. 23, 2004
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Nov. 23, 2004
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26
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STATUS REPORT LETTER/ORDER Status Report due by 12/20/2004. Signed by Judge David R. Homer on 12/6/04. (tab) (Entered: 12/06/2004)
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Dec. 6, 2004
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Dec. 6, 2004
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27
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Letter from Plaintiffs for John Kelsey, Timothy Wright requesting 60 day extension of discovery and other deadlines. (Rozger, Jason) (Entered: 02/14/2005)
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Feb. 14, 2005
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Feb. 14, 2005
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29
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Second Letter from Elmer Keach for John Kelsey, Timothy Wright requesting Sixty Day Enlargement of Discovery Deadline On Consent . (Keach, Elmer) (Entered: 02/25/2005)
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Feb. 25, 2005
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Feb. 25, 2005
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30
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Letter from Gregg T. Johnson, Esq. for County of Schoharie, John S. Bates, Jr, Jim Hazzard requesting Court conference regarding discovery disputes. (Attachments: # 1 Certificate of Service)(Johnson, Gregg) (Entered: 02/28/2005)
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Feb. 28, 2005
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Feb. 28, 2005
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31
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NOTICE of Hearing: Discovery Conference set for 3/2/2005 03:45 PM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 02/28/2005)
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Feb. 28, 2005
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Feb. 28, 2005
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32
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Minute Entry for proceedings held before Judge David R. Homer : Discovery Conference held on 3/2/2005 (tab) (Entered: 03/07/2005)
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March 4, 2005
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March 4, 2005
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33
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SCHEDULING ORDER: Discovery due by 7/1/2005. Motions to be filed by 9/1/2005. Trial Ready Deadline is 9/1/2005. Jury Trial set for 11/14/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Signed by Judge David R. Homer on 3/4/05. (tab) (Entered: 03/07/2005)
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March 4, 2005
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March 4, 2005
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34
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Letter from Gregg T. Johnson, Esq. for County of Schoharie, John S. Bates, Jr, Jim Hazzard requesting a conference to request leave to amend Defendants' Answer. (Johnson, Gregg) (Entered: 05/19/2005)
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May 19, 2005
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May 19, 2005
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35
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Minute Entry for proceedings held before Judge David R. Homer : Status Conference held on 5/24/2005 (tab) (Entered: 05/24/2005)
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May 24, 2005
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May 24, 2005
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36
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ORDER granting leave to file amended answer (to be filed by 6/1/05). Signed by Judge David R. Homer on 5/24/05. (tab) (Entered: 05/24/2005)
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May 24, 2005
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May 24, 2005
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37
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MOTION for Leave to File Amended Answer Motion Hearing set for 7/21/2005 09:30 AM in Albany before Magistrate Judge David R. Homer. Response to Motion due by 7/5/2005 Reply to Response to Motion due by 7/11/2005. by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Affidavit in Support of Motion for Leave to Amend# 2 Exhibit(s) Exhibit A# 3 Proposed Amended Pleading Exhibit B# 4 Memorandum of Law in Support of Defendants' Motion for Leave to Amend their Answer# 5 Supplement West Law Case − Cox# 6 Supplement West Law Case − Royal Insurance# 7 Supplement Certificate of Service)(Conboy, Jacinda) (Entered: 06/01/2005)
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June 1, 2005
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June 1, 2005
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38
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RESPONSE in Opposition re 37 MOTION for Leave to File Amended Answer filed by John Kelsey, Timothy Wright. (Attachments: # 1 Memorandum of Law)(Keach, Elmer) (Entered: 07/05/2005)
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July 5, 2005
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July 5, 2005
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39
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Letter from Gregg T. Johnson, Esq. advising the court of case status. (tab) (Entered: 08/04/2005)
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Aug. 3, 2005
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Aug. 3, 2005
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40
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MEMORANDUM−DECISION AND ORDER denying 37 Motion for Leave to File . Signed by Judge David R. Homer on 8/5/05. (tab) (Entered: 08/08/2005)
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Aug. 5, 2005
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Aug. 5, 2005
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41
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First APPEAL OF MAGISTRATE JUDGE DECISION to District Court by County of Schoharie, John S. Bates, Jr, Jim Hazzard re 38 Response in Opposition to Motion, 40 Order on Motion for Leave to File Motion Hearing set for 10/7/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 9/20/2005 Reply to Response to Motion due by 9/26/2005. (Attachments: # 1 Memorandum of Law in Support of Notice of Objections# 2 Supplement West Law Case − Cox# 3 Supplement Certificate of Service)(Conboy, Jacinda) (Entered: 08/17/2005)
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Aug. 17, 2005
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Aug. 17, 2005
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42
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PROTECTIVE STIPULATION/ORDER. Signed by Judge David R. Homer on 9/1/05. (tab) (Entered: 09/01/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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43
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LETTER REQUEST AND ORDER allowing 30 page Memorandum of Law. Signed by Judge Lawrence E. Kahn on 9/1/05. (tab) (Entered: 09/01/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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44
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STATUS REPORT re Defendants' Motion for Summary Judgment by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion for Summary Judgment# 2 Supplement West Law Case − Cox# 3 Supplement West Law Case − Royal Ins.# 4 Supplement Letter to USDC Clerk re Motion Submissions# 5 Affidavit Affidavit of Service for SJ Motion)(Johnson, Gregg) (Entered: 09/01/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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45
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CERTIFICATE OF SERVICE by County of Schoharie, John S. Bates, Jr, Jim Hazzard re 44 Status Report, (Johnson, Gregg) (Entered: 09/01/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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46
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MOTION to Certify Class Motion Hearing set for 10/7/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 9/20/2005 Reply to Response to Motion due by 9/26/2005. by John Kelsey, Timothy Wright. (Attachments: # 1 Memorandum of Law In Support of Motion for Class Certification# 2 Affirmation of Jason J. Rozger# 3 Exhibit(s) A, Kelsey transcript# 4 Exhibit(s) B, Wright transcript# 5 Exhibit(s) C, Wright securing order# 6 Exhibit(s) D, Wright admission report# 7 Exhibit(s) E, Admissions policy# 8 Exhibit(s) F, 30(b)(6) notice# 9 Exhibit(s) G, 30(b)(6) transcript# 10 Exhibit(s) H, Kenyon transcript# 11 Exhibit(s) I, Bynum v. D.C.# 12 Exhibit(s) J, Gary v. Sheahan# 13 Exhibit(s) K, Tyson v. City of New York# 14 Exhibit(s) L, Eddelman v. Jefferson County# 15 Exhibit(s) M, Kahler v. County of Rennselaer)(Rozger, Jason) (Entered: 09/01/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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47
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SEALED NOTICE OF MOTION for Summary Judgment Motion Hearing set for 10/7/2005 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 9/20/2005 Reply to Response to Motion due by 9/26/2005. by County of Schoharie, John S. Bates, Jr, Jim Hazzard.(tab) (Entered: 09/06/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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48
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SEALED STATEMENT OF MATERIAL FACTS re 47 MOTION for Summary Judgment filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (tab) (Entered: 09/06/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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49
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SEALED MEMORANDUM OF LAW re 47 Motion for Summary Judgment, filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (tab, ) (Entered: 09/06/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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50
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SEALED AFFIDAVIT in Support re 47 MOTION for Summary Judgment filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (tab) (Entered: 09/06/2005)
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Sept. 1, 2005
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Sept. 1, 2005
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51
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SEALING ORDER re 50 Affidavit in Support of Motion filed by County of Schoharie,, John S. Bates, Jr., Jim Hazzard, 47 MOTION for Summary Judgment filed by County of Schoharie, John S. Bates, Jr., Jim Hazzard, 48 Statement of Material Facts filed by County of Schoharie, John S. Bates, Jr., Jim Hazzard, 49 Memorandum of Law filed by County of Schoharie, John S. Bates, Jr., Jim Hazzard . Signed by Judge Lawrence E. Kahn on 9/2/05. (tab) (Entered: 09/06/2005)
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Sept. 2, 2005
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Sept. 2, 2005
|
52
|
Letter from Elmer R. Keach, III for John Kelsey, Timothy Wright requesting Discovery Conference submitted to Judge David R. Homer. (Keach, Elmer) (Entered: 09/09/2005)
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Sept. 9, 2005
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Sept. 9, 2005
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53
|
RESPONSE TO LETTER BRIEF filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard as to 52 Letter Request filed by John Kelsey,, Timothy Wright,. (Conboy, Jacinda) (Entered: 09/13/2005)
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Sept. 13, 2005
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Sept. 13, 2005
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54
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CERTIFICATE OF SERVICE by County of Schoharie, John S. Bates, Jr, Jim Hazzard re 53 RESPONSE TO LETTER BRIEF (Conboy, Jacinda) (Entered: 09/13/2005)
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Sept. 13, 2005
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Sept. 13, 2005
|
55
|
NOTICE of Hearing: Discovery Hearing set for 9/15/2005 10:00 AM in Albany before Magistrate Judge David R. Homer. (tab) (Entered: 09/13/2005)
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Sept. 13, 2005
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Sept. 13, 2005
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56
|
ORDER on 9/15/05 telephone conference re: deposition issue. (wjg, ) (Entered: 09/15/2005)
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Sept. 15, 2005
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Sept. 15, 2005
|
57
|
Letter from Elmer Keach for John Kelsey, Timothy Wright requesting Adjournment of Return Date on Pending Motions until November 18, 2005 submitted to Judge Lawrence E. Kahn Filed on Consent . (Keach, Elmer) (Entered: 09/15/2005)
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Sept. 15, 2005
|
Sept. 15, 2005
|
59
|
MEMORANDUM OF LAW re 41 Appeal of Magistrate Judge Decision to District Court,, In Opposition to Defendants' Objections, filed by John Kelsey. (Attachments: # 1 Exhibit(s) A, J.G. Peta v. Club Protection# 2 Exhibit(s) B, Gibson v. Kendrick# 3 Exhibit(s) C, Gary v. Sheahan# 4 Exhibit(s) D, Thomas v. Baca# 5 Exhibit(s) E, Rivera v. Periera# 6 Exhibit(s) F, Canady v. Werholtz)(Rozger, Jason) (Entered: 09/20/2005)
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Sept. 20, 2005
|
Sept. 20, 2005
|
|
This is a reminder to the attorneys of record that Judge Kahn considers motions on the submission of the motion papers, only. No oral arguments will be entertained. (sas) (Entered: 10/05/2005)
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Oct. 5, 2005
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Oct. 5, 2005
|
60
|
Letter Motion from Elmer Keach for John Kelsey, Timothy Wright requesting Discovery Conference submitted to Judge David R. Homer Regarding Conference on October 25, 2005 at 2:30 PM . (Attachments: # 1 Exhibit(s) Defendants' Initial Disclosures)(Keach, Elmer) (Entered: 10/24/2005)
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Oct. 24, 2005
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Oct. 24, 2005
|
61
|
Letter Motion from Jason Rozger, Esq. for John Kelsey, Timothy Wright requesting On consent, extension of time to file responses to pending motions submitted to Judge Lawrence E. Kahn. (Rozger, Jason) (Entered: 10/26/2005)
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Oct. 26, 2005
|
Oct. 26, 2005
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62
|
Minute Entry for a Discovery Conference held before Judge David R. Homer on 10/27/2005. (see) (Entered: 10/28/2005)
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Oct. 27, 2005
|
Oct. 27, 2005
|
63
|
ORDER, that pltfs are granted leave to depose Glenn Packard at a date &time to be arranged among the parties; that pltfs are granted leave to take the depositions of any other individuals included in defts' disclosure of witnesses following the district court's decision on defts' pending motion for summary judgment; that pltfs shall notify the chambers of the undersigned when a decision is received on defts' pending motion for summary judgment &a conference will be scheduled to establish ddls for completion of remaining discovery. Signed by Judge David R. Homer on 10/27/2005. (see) (Entered: 10/28/2005)
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Oct. 27, 2005
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Oct. 27, 2005
|
64
|
REQUEST &ORDER resetting Hearing on Motions re: 46 MOTION to Certify Class, 47 MOTION for Summary Judgment: Motion Hearings reset to 1/20/2006 09:30 AM in Albany before Judge Lawrence E. Kahn (on submit). Signed by Judge Lawrence E. Kahn on 10/27/05. (wjg, ) (Entered: 10/31/2005)
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Oct. 27, 2005
|
Oct. 27, 2005
|
65
|
MEMORANDUM-DECISION AND ORDER affirming 41 Magistrate Judge Decision appealed to District Court, and denying permission to amend answer. Signed by Judge Lawrence E. Kahn on 11/16/05. (tab) Modified on 1/10/2006 (tab).
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Nov. 16, 2005
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Nov. 16, 2005
RECAP
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66
|
REQUEST &ORDER granting leave for defts to file 15 page brief in opposition to pltfs' motion. Signed by Judge Lawrence E. Kahn on 12/6/05. (wjg, ) (Entered: 12/07/2005)
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Dec. 6, 2005
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Dec. 6, 2005
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67
|
Letter Motion from Elmer Keach for John Kelsey, Timothy Wright requesting Enlargement of Time to File Responding Motion Papers submitted to Judge Lawrence E. Kahn On Consent . (Keach, Elmer) (Entered: 12/07/2005)
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Dec. 7, 2005
|
Dec. 7, 2005
|
68
|
ORDER granting 67 Letter Request, 46 MOTION to Certify Class, 47 MOTION for Summary Judgment: Motion Hearing set for 1/20/2006 09:30 AM in Albany before Judge Lawrence E. Kahn. Response to Motion due by 1/6/2006 Reply to Response to Motion due by 1/13/2006. Signed by Judge Lawrence E. Kahn on 12/8/05. (tab) (Entered: 12/08/2005)
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Dec. 8, 2005
|
Dec. 8, 2005
|
69
|
LETTER REQUEST AND ORDER granting defendants permission to file a 30 page brief. Signed by Judge Lawrence E. Kahn on 12/8/05. (tab) (Entered: 12/08/2005)
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Dec. 8, 2005
|
Dec. 8, 2005
|
70
|
AFFIDAVIT in Opposition re 46 MOTION to Certify Class filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Exhibit(s) A# 2
|
Jan. 6, 2006
|
Jan. 6, 2006
|
72
|
AFFIDAVIT in Opposition re 47 MOTION for Summary Judgment filed by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) A, Kelsey transcript# 2 Exhibit(s) B, Wright transcript# 3 Exhibit(s) C, Inmate Processing Policy# 4 Exhibit(s) D, 30(b)(6) deposition# 5 Exhibit(s) E, Kenyon Deposition# 6 Exhibit(s) F, Packard transcript# 7 Exhibit(s) G, Schaffer deposition# 8 Exhibit(s) Huber transcript# 9 Exhibit(s) I, Hatala transcript# 10 Exhibit(s) K, Van Wormer Affidaivt# 11 Exhibit(s) L, Marsh deposition# 12 Memorandum of Law # 13 Statement of Material Facts)(Rozger, Jason) (Entered: 01/06/2006)
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Jan. 6, 2006
|
Jan. 6, 2006
|
73
|
SEALED EXHIBIT J to Rozger Affirmation − maintained in Clerk's Office and not available for electronic viewing (ban) (Entered: 01/10/2006)
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Jan. 10, 2006
|
Jan. 10, 2006
|
74
|
REPLY to Response to Motion re 47 MOTION for Summary Judgment Filed under seal filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Conboy, Jacinda) (Entered: 01/13/2006)
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Jan. 13, 2006
|
Jan. 13, 2006
|
75
|
REPLY to Response to Motion re 46 MOTION to Certify Class filed by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) Exhibit M to Keach Affirmation −− Deposition transcript, Donald Mace# 2 Exhibit(s) Exhibit N −− Discovery Responses of John Kelsey# 3 Exhibit(s) Exhibit o −− Discovery Response of Timothy Wright# 4 Exhibit(s) Exhibit Q to Keach Affirmation −− Letter from Johnson to Keach, 10.13.04# 5 Memorandum of Law)(Keach, Elmer) (Entered: 01/13/2006)
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Jan. 13, 2006
|
Jan. 13, 2006
|
76
|
SEALED DOCUMENT (Attachments to Document #74)− maintained in Clerk's Office and not available for electronic viewing. (ban) (Entered: 01/25/2006)
|
Jan. 20, 2006
|
Jan. 20, 2006
|
77
|
RESPONSE to Motion re 46 MOTION to Certify Class, 47 MOTION for Summary Judgment filed by John Kelsey, Timothy Wright. (Rozger, Jason) (Entered: 01/25/2006)
|
Jan. 25, 2006
|
Jan. 25, 2006
|
78
|
LETTER BRIEF by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Conboy, Jacinda) (Entered: 01/27/2006)
|
Jan. 27, 2006
|
Jan. 27, 2006
|
79
|
LETTER BRIEF Providing Supplemental Authority to the Court by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) Marriott Summary Judgment Decision)(Keach, Elmer) (Entered: 04/13/2006)
|
April 13, 2006
|
April 13, 2006
|
80
|
RESPONSE TO LETTER BRIEF filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard as to 79 LETTER BRIEF filed by John Kelsey,, Timothy Wright,. (Johnson, Gregg) (Entered: 04/17/2006)
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April 17, 2006
|
April 17, 2006
|
81
|
LETTER BRIEF Providing the Court with Supplemental Case Authority by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) In Re Nassau County Strip Search Cases Decision)(Keach, Elmer) (Entered: 09/25/2006)
|
Sept. 25, 2006
|
Sept. 25, 2006
|
82
|
MEMORANDUM-DECISION AND ORDER granting 46 Motion to Certify Class; denying 47 Motion for Summary Judgment. Signed by Judge Lawrence E. Kahn on 2/21/07. (tab)
|
Feb. 21, 2007
|
Feb. 21, 2007
RECAP
|
83
|
NOTICE OF APPEAL as to 82 Order on Motion to Certify Class, Order on Motion for Summary Judgment by County of Schoharie, John S. Bates, Jr, Jim Hazzard. No fee paid. (Attachments: # 1 Appendix Certificate of Service)(Johnson, Gregg) (Entered: 03/05/2007)
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March 5, 2007
|
March 5, 2007
|
84
|
MOTION for Certificate of Appealability Motion Hearing set for 4/6/2007 09:30 AM in Albany before Judge Lawrence E. Kahn. by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Affidavit supporting Affidavit of Gregg T. Johnson# 2 Exhibit(s) A − Steinberg v. Rockland County transcript# 3 Memorandum of Law supporting Memorandum of Law# 4 Appendix Certificate of Service) (Johnson, Gregg) (Entered: 03/05/2007)
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March 5, 2007
|
March 5, 2007
|
|
USCA Appeal Fees received $ 455 receipt number ALB003329 re 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie (Appeals packet sent to Attorney).(ban) (Entered: 03/06/2007)
|
March 6, 2007
|
March 6, 2007
|
|
Set Deadlines as to 84 MOTION for Certificate of Appealability. Response to Motion due by 3/20/2007. Reply to Response to Motion due by 3/26/2007. (sas) (Entered: 03/07/2007)
|
March 7, 2007
|
March 7, 2007
|
85
|
ELECTRONIC NOTICE sent to US Court of Appeals re 83 Notice of Appeal (Appeals packet sent to Attorney).(ban) (Entered: 03/07/2007)
|
March 7, 2007
|
March 7, 2007
|
86
|
RESPONSE to Motion re 84 MOTION for Certificate of Appealability filed by John Kelsey, Timothy Wright. (Attachments: # 1 Exhibit(s) A, Moll v. U.S. Life# 2 Exhibit(s) B, Ralph v. GMC# 3 Memorandum of Law)(Rozger, Jason) (Entered: 03/20/2007)
|
March 20, 2007
|
March 20, 2007
|
87
|
REPLY to Response to Motion re 84 MOTION for Certificate of Appealability filed by County of Schoharie, John S. Bates, Jr, Jim Hazzard. (Attachments: # 1 Supplement Certificate of Service)(Johnson, Gregg) (Entered: 03/26/2007)
|
March 26, 2007
|
March 26, 2007
|
88
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USCA Scheduling Order #1 as to 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie. USCA Case No. 07−0893−cv. Appealed to: Second Circuit USCA.Appeal Record due by 4/25/2007. (ban) (Entered: 04/24/2007)
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April 24, 2007
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April 24, 2007
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89
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USCA Scheduling Order #2 as to 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie. USCA Case No. 07−0893−cv. Appealed to: Second Circuit USCA. (ban) (Entered: 04/24/2007)
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April 24, 2007
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April 24, 2007
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90
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ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 83 Notice of Appeal (ban) (Entered: 04/24/2007)
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April 24, 2007
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April 24, 2007
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91
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MEMORANDUM DECISION AND ORDER denying 84 Motion for Certificate of Appealability. Signed by Judge Lawrence E. Kahn on 5/24/07. (ban)
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May 24, 2007
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May 24, 2007
RECAP
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92
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AMENDED ELECTRONIC NOTICE sent to US Court of Appeals re 83 Notice of Appeal. Certificate of Appealability DENIED (pursuant to Dkt #91). (ban) (Entered: 05/25/2007)
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May 25, 2007
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May 25, 2007
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93
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AMENDED ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re 83 Notice of Appeal. (ban) (Entered: 05/25/2007)
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May 25, 2007
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May 25, 2007
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94
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MANDATE of USCA as to 83 Notice of Appeal filed by Jim Hazzard, John S. Bates, Jr., County of Schoharie: DENYING Rule 23(f) petition as to class certification because an immediate appeal is not warranted. Appeal #07−0826−mv, issued as mandate 6/25/07. (lmp) (Entered: 06/29/2007)
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June 29, 2007
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June 29, 2007
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Appeal Record Returned: Sealed Documents 47 − 50. (lmp) (Entered: 08/16/2007)
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Aug. 16, 2007
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Aug. 16, 2007
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Set Deadlines/Hearings: Pretrial Conference is set for 11/28/2007 at 10:30 AM in Albany before Senior Judge Lawrence E. Kahn. At the time of the conference, counsel will report on the status of the above−entitled action. Parties with full settlement authority are to be readily available during the conference. If settlement cannot be reached, counsel are to be prepared to discuss issues which may be raised at the time of trial. The attorneys of record are directed to discuss trial deadlines with each other (preconference) &will be prepared to stipulate to a trial date at the time of the conference. Several agreed upon proposed trial deadlines shall be made available to the Court for Judge Kahns consideration. (sas) (Entered: 11/13/2007)
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Nov. 13, 2007
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Nov. 13, 2007
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95
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Letter Motion from Elmer Robert Keach III for John Kelsey, Timothy Wright requesting adjournment of pretrial conference submitted to Judge Lawrence E. Kahn. (Keach, Elmer) (Entered: 11/26/2007)
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Nov. 26, 2007
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Nov. 26, 2007
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96
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ORDER granting 95 Letter Request. It is hereby Ordered that the Pre−trial Conference scheduled for 11/30/07 is adjourned until 12/13/07 at 10:30AM. The conditions relative to the conduct of this conference, as detailed in the Courts' prior order, remain in effect. Signed by Judge Lawrence E. Kahn on 11/26/07. (ban) (Entered: 11/27/2007)
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Nov. 27, 2007
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Nov. 27, 2007
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Reset Deadlines/Hearings: Final Pretrial Conference is reset for 12/19/2007 at 01:30 PM in Albany before Senior Judge Lawrence E. Kahn. Proceeding is adjourned at the request of the Court. (sas) (Entered: 11/29/2007)
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Nov. 29, 2007
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Nov. 29, 2007
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97
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Minute Entry for proceedings held before Judge Lawrence E. Kahn: Settlement is discussed. The matter does not settle. Jury Trial set for 6/16/2008 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Pretrial submission (Stipulation of facts, Witness list, Exhibit list, Proposed voir dir, jury charge &verdict sheet) are due by 6/2/2008. Decision on whether this will be a bench trial due by 4/1/08. (Court Reporter None. CRD S. Snyder) (sas) Additional attachment(s) added on 12/19/2007 (sas, ). (Entered: 12/19/2007)
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Dec. 19, 2007
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Dec. 19, 2007
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