Island Design & Landscaping Inc. v. The Village of Freeport et al
| New York Eastern District Court | |
| Judge: | Sanket J Bulsara |
| Referred: | James M Wicks |
| Case #: | 2:24-cv-01897 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 14, 2024 |
| Last checked: Tuesday Sep 10, 2024 4:22 AM EDT |
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Defendant
Jerome Bonomo
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Defendant
JCB & Sons, Inc.
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Defendant
Officer Richard Samuel
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Defendant
Michael Smith
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Defendant
The Village of Freeport
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Represented By
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Plaintiff
Island Design & Landscaping Inc.
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Represented By
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GPO
Mar 04 2025
ORDER: In light of the facts and circumstances set forth in the attached Order, Counsel for Defendants is directed to file, on or before March 7, 2025 the affidavit of service that was prepared at or near the time that the Rule 26 disclosures. So Ordered by Magistrate Judge James M. Wicks on 3/4/2025. (DF) were purportedly served, namely September 2024, as represented to the Court, or, if the affidavit does not exist, then some other satisfactory proof that the Rule 26 disclosures were in fact served at that time. Please see Order for further details |
| Docket last updated: 7 hours ago |
| Wednesday, March 26, 2025 | ||
| 41 | 41
misc
Letter
Wed 03/26 4:40 PM
Letter by The Village of Freeport (Corbett, Keith) |
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Att: 1
Rule 26(a) Disclosure
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| Tuesday, March 18, 2025 | ||
| 40 | 40
minutes
Status Conference Order on Motion to Compel
Tue 03/18 4:09 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel for Plaintiff: Andrew J. Campanelli. Counsel for Defendants: Keith Michael Corbett. Conference held on 3/18/2025 at 2:30 PM to address status of discovery and pending motion to compel. Having heard from the parties, for the reasons articulated on the record, the following rulings were made: Plaintiff's Motion to Compel (ECF No.37 ) is granted . Counsel for Defendants is directed to produce: (a) copies of all Motor Vehicle Impound Worksheets for all of Freeport's warrantless motor vehicle seizures for a two-year period dating from the date of the filing of the complaint, going back a period of two years, and (b) copies of all of Freeport's Vehicle release authorizations for that same period on or before March 28, 2025 . The parties are directed to meet and confer on the scope of Defendants' March 3, 2025 discovery demands. If any issues remain following the meet and confer, Plaintiff is directed to file any motion for a protective order by April 1, 2025 . Counsel for Defendants is afforded the opportunity to, on or before March 28, 2025 , submit further support as discussed on the record that Defendants' Rule 26 disclosures were in fact served upon Plaintiff in September 2024. The dates and deadlines previously set forth by the undersigned on March 3, 2025 otherwise remain in place. See ECF No.33 (The end date of all discovery is April 30, 2025 . The last date to take the first steps towards summary judgment motion practice in accordance with the Hon. Sanket J. Bulsara's Individual Practices for Civil and Criminal Cases is May 16, 2025 .). THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #2:28-3:04 (FTR).) (DF) |
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| Wednesday, March 12, 2025 | ||
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order
1 - Terminate Deadlines and Hearings Scheduling Order
Wed 03/12 5:46 PM
ORDER. Due to a conflict in the Court's calendar, the in-person Conference before the undersigned set for March 14, 2025 at 2:00 PM in Courtroom 1020 to address the filings at ECF Nos. 36-39 is hereby RESCHEDULED for March 18, 2025 at 2:30 PM in Courtroom 1020. So Ordered by Magistrate Judge James M. Wicks on 3/12/2025. (DN) |
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| Monday, March 10, 2025 | ||
| 39 | 39
misc
Letter
Mon 03/10 5:29 PM
Letter by Island Design & Landscaping Inc. (Smyth, Jean) |
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| 38 | 38
misc
Letter
Mon 03/10 3:32 PM
Letter Re: Clarification concerning Plaintiff's Conduct by Richard Samuel, The Village of Freeport (Corbett, Keith) |
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order
Scheduling Order
Mon 03/10 6:13 PM
ORDER. The parties are directed to appear for an in-person Conference before the undersigned set for March 14, 2025 at 2:00 PM in Courtroom 1020 to address the filings at ECF Nos. 36-39. So Ordered by Magistrate Judge James M. Wicks on 3/10/2025. (DN) |
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| Friday, March 07, 2025 | ||
| 37 | 37
motion
Compel
Fri 03/07 6:08 PM
Letter MOTION to Compel the production of documents by Island Design & Landscaping Inc.. (Campanelli, Andrew) |
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Att: 1
Exhibit A - Freeport PD General Order 21F,
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Att: 2
Exhibit B - Freeport PD Impound Worksheet,
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Att: 3
Exhibit C - Freeport 10 day letter,
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Att: 4
Exhibit D - Freeport 10 day letter,
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Att: 5
Exhibit E - Freeport release authorization form,
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Att: 6
Exhibit F - Deposition Transcript,
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Att: 7
Exhibit G - Impound Invoice,
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Att: 8
Exhibit H - Plaintiff 1st Demand Letter
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| 36 | 36
misc
Letter
Fri 03/07 6:04 PM
Letter Re: Clarification concerning this Courts order, of March 4, 2025 by Richard Samuel, The Village of Freeport (Corbett, Keith) |
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| Tuesday, March 04, 2025 | ||
| 35 | 35
order
Order(Other)
Tue 03/04 4:59 PM
ORDER: In light of the facts and circumstances set forth in the attached Order, Counsel for Defendants is directed to file, on or before March 7, 2025 the affidavit of service that was prepared at or near the time that the Rule 26 disclosures were purportedly served, namely September 2024, as represented to the Court, or, if the affidavit does not exist, then some other satisfactory proof that the Rule 26 disclosures were in fact served at that time. Please see Order for further details. So Ordered by Magistrate Judge James M. Wicks on 3/4/2025. (DF) |
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| Monday, March 03, 2025 | ||
| 34 | 34
service
Affidavit of Service
Mon 03/03 3:49 PM
AFFIDAVIT of Service for Rule 26(a)(1) Initial Disclosure Statement served on Plaintiff's counsel on September 17, 2024, filed by The Village of Freeport. (Corbett, Keith) |
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| 33 | 33
minutes
Status Conference
Mon 03/03 12:10 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel for Plaintiff: Andrew J. Campanelli. Counsel for Defendant: Keith Michael Corbett. Status Conference held on 3/3/2025 at 10:30 AM. Counsel for Defendant is directed to file an affidavit of service on ECF by close of business today demonstrating that the Rule 26 Disclosures were originally sent to Plaintiff in September of 2024 as represented to the court. Moreover, Counsel for Defendant is directed to produce all Vehicle Release Authorizations and Vehicle Impound Records for Plaintiff's vehicle and send them to Counsel for Plaintiff by close of business on March 4, 2025 . If the Vehicle Release Authorizations and Vehicle Impound Records do not exist for this vehicle, Counsel for Defendant is directed to file a so-called "Jackson affidavit" or declaration from the Defendant on ECF detailing the good faith search efforts it took to obtain these documents, explaining, at a minimum, where these records were likely to be kept, what efforts were made to preserve them, whether these records were routinely destroyed, or whether a search has been conducted in every location where the records were likely to be found. As to production of additional Vehicle Release Authorizations and Vehicle Impound Records for vehicles other than Plaintiff's, in light of the pending Monell claims, the parties are directed to file a Motion to Compel and/or Motion for a Protective Order by March 7, 2025 with opposition to the respective motion(s) due March 12, 2025 . The motion should include copies of the Demands made and the responses and objections served. The deposition previously scheduled for March 5, 2025 will take place as scheduled at Plaintiff's office. The end date of all discovery is extended to and including April 30, 2025 . The last date to take the first steps towards summary judgment motion practice shall be on or before May 16, 2025 in accordance with the Hon. Sanket J. Bulsara's Individual Practices for Civil and Criminal Cases. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:31-10:49 (Video).) (DF) |
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| Monday, February 24, 2025 | ||
| 32 | 32
misc
Letter
Mon 02/24 4:31 PM
Letter re scheduled deposition by Island Design & Landscaping Inc. (Smyth, Jean) |
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| Friday, February 21, 2025 | ||
| 31 | 31
respm
Reply to Response to Motion
Fri 02/21 12:19 PM
REPLY to Response to Motion re29 Letter MOTION to Compel discovery filed by Island Design & Landscaping Inc.. (Campanelli, Andrew) |
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order
Order on Motion to Compel
Fri 02/21 12:22 PM
ORDER granting29 Motion to Compel. Plaintiff's application to compel the deposition of Defendant Smith is granted . The parties are directed to meet and confer, and, on or before February 24, 2025 , file a letter on ECF advising the Court of the date on which the deposition of Defendant Smith will take place. If the parties are unable to agree on a date certain, the Court will set one and the deposition will take place at the Central Islip Courthouse. To the extent Plaintiff is seeking discovery sanctions against Defendants, Plaintiff's application is denied at this time, without prejudice and with leave to renew , in accordance with the undersigned's Individual Rules. So Ordered by Magistrate Judge James M. Wicks on 2/21/2025. (DN) |
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| Thursday, February 20, 2025 | ||
| 30 | 30
respm
Response to Motion
Thu 02/20 6:08 PM
RESPONSE to Motion re29 Letter MOTION to Compel discovery filed by Jerome Bonomo, Richard Samuel, Michael Smith, The Village of Freeport. (Corbett, Keith) |
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| Wednesday, February 12, 2025 | ||
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order
Order(Other)
Wed 02/12 2:42 PM
ORDER. Defendants are directed to file any opposition to the Motion to Compel at ECF No. 29 on or before February 20, 2025. So Ordered by Magistrate Judge James M. Wicks on 2/12/2025. (DN) |
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| Tuesday, February 11, 2025 | ||
| 29 | 29
motion
Compel
Tue 02/11 11:44 AM
Letter MOTION to Compel discovery by Island Design & Landscaping Inc.. (Campanelli, Andrew) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B
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order
1 - Terminate Deadlines and Hearings
Tue 02/11 3:40 PM
ORDER. In light of the reassignment of this case to the Hon. Sanket J. Bulsara, the Final Pretrial Conference ("FPTC") scheduled for April 21, 2025 at 9:30 AM before the undersigned is hereby adjourned sine die . The parties shall file a Proposed Joint Pretrial Order in accordance with District Judge Bulsara's Individual Practices for Civil and Criminal Cases no later than five (5) business days prior to the FPTC, which will be scheduled before Judge Bulsara at a future date. The Status Conference scheduled for March 3, 2025 at 10:30 AM before the undersigned via the Court's Video Zoom remains in place. So Ordered by Magistrate Judge James M. Wicks on 2/11/2025. (DN) |
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| Tuesday, January 14, 2025 | ||
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order
Order(Other)
Tue 01/14 12:22 PM
ORDER: In light of the transfer of this case, if the parties proceed to dispositive motion practice or a joint proposed pretrial order, they must follow Judge Bulsara's Individual Practices and the Local Rules effective January 2, 2025. So Ordered by Judge Sanket J. Bulsara on 1/14/2025. (YEP) |
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| Wednesday, January 08, 2025 | ||
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utility
Case Assigned/Reassigned
Wed 01/08 11:48 AM
Case reassigned to Judge Sanket J. Bulsara. Judge Nicholas G. Garaufis no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LF) |
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| Tuesday, January 07, 2025 | ||
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order
Order on Motion for Reconsideration
Tue 01/07 6:37 AM
ORDER denying27 Motion for Reconsideration. Defendant seeks reconsideration of this Court's order granting the unopposed motion to compel (see Elec. Order 1/6/2025), but fails to identify how the Order misapplied the law or overlooked facts, and fails to establish good cause for defaulting on the motion. Nothing advanced in the motion to reconsider filed at ECF No. 27 would have altered the result even if filed timely. Defendant does not set forth any matters or controlling decisions which counsel believes the Court has overlooked. See Local Civil Rule 6.3. "The standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked-matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp. Inc. , 70 F.3d 255, 257 (2d Cir. 1995). A motion for reconsideration should be granted only when the [moving party] identifies an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice. Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL Irrevocable Tr. , 729 F.3d 99, 104 (2d Cir. 2013) (quotation omitted.) Indeed, a motion for reconsideration is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple. Analytical Surveys, Inc. v. Tonga Partners, L.P. , 684 F.3d 36, 52 (2d Cir. 2012) (citation omitted). Further, it is within the sound discretion of the district court whether or not to grant a motion for reconsideration. See Gupta v. Attorney Gen. of United States , 52 F. Supp. 3d 677, 679-80 (S.D.N.Y. 2014). Au fond, Defendant has failed to make the substantial showing necessary to warrant reconsideration. Defendant has not demonstrated "an intervening change of controlling law, the availability of new evidence not previously available, or the need to correct clear error or prevent manifest injustice." Virgin Atl. Airways, Ltd, 956 F.2d at 1255. Rather, Defendant simply argues the exchange between counsel did not transpire as set forth in the moving papers to compel. That alone, of course, does not warrant reconsideration. Accordingly, Defendant's motion for reconsideration is DENIED. So Ordered by Magistrate Judge James M. Wicks on 1/7/2025. (Wicks, James) |
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| Monday, January 06, 2025 | ||
| 28 | 28
respm
Response to Motion
Mon 01/06 5:39 PM
RESPONSE to Motion re27 Letter MOTION for Reconsideration of ORDER granting 26 Plaintiff's Motion to Compel filed by Island Design & Landscaping Inc.. (Smyth, Jean) |
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| 27 | 27
motion
Reconsideration
Mon 01/06 4:19 PM
Letter MOTION for Reconsideration of ORDER granting 26 Plaintiff's Motion to Compel by The Village of Freeport, JCB & Sons, Inc., Jerome Bonomo, Michael Smith, Richard Samuel. (Corbett, Keith) |
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order
Order on Motion to Compel
Mon 01/06 10:24 AM
ORDER granting26 Motion to Compel. Plaintiff's unopposed Motion to Compel is granted as follows: Defendants are directed to produce: (i) Defendant Smith for deposition, (ii) their Rule 26(a) disclosures, and (iii) responses to Plaintiff's discovery demands, including its interrogatories, on or before January 17, 2025 . The deadline to complete all fact depositions is extended to January 17, 2025. The date for the close of all discovery otherwise remains as March 14, 2025. So Ordered by Magistrate Judge James M. Wicks on 1/6/2025. (DN) |
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| Monday, December 30, 2024 | ||
| 26 | 26
motion
Compel
Mon 12/30 9:42 AM
Letter MOTION to Compel discovery by Island Design & Landscaping Inc.. (Smyth, Jean) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B
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order
Order(Other)
Mon 12/30 12:23 PM
ORDER: The letter filed at ECF No. 26 having renewed the motion to compel filed at ECF No. 24, Defendants are hereby directed to file a letter response to the renewed motion to compel on or before January 3, 2025. So Ordered by Magistrate Judge James M. Wicks on 12/30/2024. (Wicks, James) |
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| Friday, December 06, 2024 | ||
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order
Order on Motion to Compel
Fri 12/06 4:33 PM
ORDER denying24 Motion to Compel, without prejudice and with leave to renew . The Federal Rules of Civil Procedure, the Local Civil Rules of this Court, and the undersigned's Individual Practice Rules concomitantly require that parties meet and confer in a good faith attempt to resolve discovery disputes before formally initiating motion practice. See Individual Practice Rule 3.A; Local Civil Rules 26.4, 37.3(a); Fed R. Civ. P. 37(a). This command is repeatedly reaffirmed -- perhaps because the meet and confer requirement obviates unnecessary judicial handholding and encourages parties to raise only genuine disputes that could not otherwise be resolved with good faith and civility. See Excess Ins. Co. v. Rochdale Ins. Co. , No. 05-CV-10174, 2007 WL 2900217, at *1 (S.D.N.Y. Oct. 4, 2007) ("The purpose of the meet and confer requirement is to resolve discovery matters without the court's intervention to the greatest extent possible. Only those matters that remain unresolved after serious attempts to reach agreement should be the subject of a motion to compel."). It is apparent from the instant application that the parties have not made a meaningful effort to meet and confer prior to raising this dispute with the Court. Notably, perfunctory email correspondence will not suffice. ( See, e.g. , ECF No. 24 at 1.) Accordingly, the parties are hereby directed to "meet, in person or by telephone, and make a genuine effort to resolve the dispute by determining... what the requesting party is actually seeking; what the discovering party is reasonably capable of producing that is responsive to the request; and what specific genuine issues, if any, cannot be resolved without judicial intervention." See Excess Ins. Co. , 2007 WL 2900217, at *12 (explaining the meet and confer requirement). If genuine disputes remain after the parties have met and conferred, Plaintiff may renew its motion. So Ordered by Magistrate Judge James M. Wicks on 12/6/2024. (DN) |
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| Tuesday, December 03, 2024 | ||
| 25 | 25
respm
Response to Motion
Tue 12/03 4:47 PM
RESPONSE to Motion re24 Letter MOTION to Compel discovery filed by The Village of Freeport, JCB & Sons, Inc., Jerome Bonomo, Michael Smith, Richard Samuel. (Corbett, Keith) |
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| 24 | 24
motion
Compel
Tue 12/03 11:49 AM
Letter MOTION to Compel discovery by Island Design & Landscaping Inc.. (Smyth, Jean) |
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| Tuesday, November 26, 2024 | ||
| 23 | 23
minutes
Status Conference ~Util - Set Deadlines/Hearings
Tue 11/26 11:41 AM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE: Counsel for Plaintiff: Jean Marie Smyth. Counsel for Defendant: Keith Michael Corbett. Status Conference held on 11/26/2024 at 10:30 AM. The parties advised the Court of the status of this case. The date for the close of all discovery remains March 14, 2025 , and all other remaining dates and deadlines as set forth in the Scheduling Order (ECF No.17 ) remain in place. The undersigned is available for a Settlement Conference if the parties so desire. In the event the parties would like a Settlement Conference, the parties are directed to contact the undersigned's Courtroom Deputy at (631) 712-5625 with mutually convenient dates that the parties are available. A Status Conference has been scheduled for March 3, 2025 at 10:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E) . THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:34-10:40 (Video).) (DF) |
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| Saturday, November 09, 2024 | ||
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order
Order on Motion to Adjourn Conference
Sat 11/09 1:03 PM
ORDER granting22 Motion to Adjourn Conference. The Status Conference set for November 14, 2024 at 9:30 AM via the Court's Video Zoom has been RESCHEDULED for November 26, 2024 at 10:30 AM . The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. So Ordered by Magistrate Judge James M. Wicks on 11/9/2024. (DN) |
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| Friday, November 08, 2024 | ||
| 22 | 22
motion
Adjourn Conference
Fri 11/08 4:13 PM
Letter MOTION to Adjourn Conference by Island Design & Landscaping Inc.. (Smyth, Jean) |
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| Wednesday, October 02, 2024 | ||
| 21 | 21
answer
Answer to Complaint
Wed 10/02 5:19 PM
Defendants' ANSWER to1 Complaint,, by Jerome Bonomo, JCB & Sons, Inc.. (Corbett, Keith) |
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| Tuesday, September 03, 2024 | ||
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order
Order(Other)
Tue 09/03 3:13 PM
ORDER. In light of the Clerk's Entry of Default (ECF No. 20), Plaintiff's Counsel is directed to, on or before October 3, 2024, either move for default judgment in accordance with the Hon. Nicholas G. Garaufis' individual rules, or voluntarily dismiss this case. So Ordered by Magistrate Judge James M. Wicks on 9/3/2024. (DN) |
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| Thursday, August 29, 2024 | ||
| 20 | 20
order
Clerks Entry of Default
Thu 08/29 12:33 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Jerome Bonomo, JCB & Sons, Inc. has failed to appear or otherwise defend this action, the default of defendant Jerome Bonomo, JCB & Sons, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| Wednesday, August 28, 2024 | ||
| 19 | 19
misc
Request for Certificate of Default
Wed 08/28 3:24 PM
Request for Certificate of Default by Island Design & Landscaping Inc. (Campanelli, Andrew) |
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Att: 1
Affirmation in Support of Request for Certificate of Default,
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Att: 2
Certificate of Default
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| Monday, June 10, 2024 | ||
| 18 | 18
answer
Answer to Complaint
Mon 06/10 11:48 PM
ANSWER to1 Complaint,, by The Village of Freeport. (Corbett, Keith) |
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| Monday, May 13, 2024 | ||
| 17 | 17
order
Scheduling Order
Mon 05/13 2:08 PM
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 5/13/2024. (DF) |
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| 16 | 16
minutes
Initial Conference Hearing
Mon 05/13 2:05 PM
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel for Plaintiff: Jean Marie Smyth. Counsel for Defendant: Keith Michael Corbett. Initial Conference Hearing held on 5/13/2024 at 9:30 AM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No.17 . A Status Conference has been scheduled for November 14, 2024 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A Final Pretrial Conference has been scheduled for April 21, 2025 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A joint proposed pretrial order ("JPTO") in compliance with the Individual Practice Rules of the Hon. Nicholas G. Garaufis, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #9:39-9:49 (Video).) (DF) |
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| 15 | 15
notice
Notice of Appearance
Mon 05/13 10:17 AM
NOTICE of Appearance by Jean Marie Smyth on behalf of Island Design & Landscaping Inc. (aty to be noticed) (Smyth, Jean) |
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| Saturday, May 11, 2024 | ||
| 14 | 14
misc
Proposed Scheduling Order
Sat 05/11 4:55 PM
Proposed Scheduling Order 26(f) by Island Design & Landscaping Inc. (Campanelli, Andrew) |
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| Friday, May 10, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Fri 05/10 10:22 AM
ORDER granting13 Motion for Extension of Time to Answer. Defendant The Village of Freeport is directed to answer or otherwise respond to the Complaint on or before June 10, 2024 . So Ordered by Magistrate Judge James M. Wicks on 5/10/2024. (DN) |
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| Wednesday, May 08, 2024 | ||
| 13 | 13
motion
Extension of Time to File Answer
Wed 05/08 5:37 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint,, by The Village of Freeport. (Corbett, Keith) |
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| Wednesday, April 10, 2024 | ||
| 12 | 12
order
Scheduling Order
Wed 04/10 2:47 PM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held May 13, 2024 at 9:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than May 6, 2024 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 4/10/2024. (DF) |
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Att: 1
Proposed Rule 26(f) Scheduling Order,
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Att: 2
JMW Individual Practice Rules
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order
Order on Motion for Extension of Time to Answer
Wed 04/10 12:33 PM
ORDER granting11 Motion for Extension of Time to Answer. Defendant The Village of Freeport is directed to answer or otherwise respond to the Complaint1 on or before May 9, 2024 . So Ordered by Magistrate Judge James M. Wicks on 4/10/2024. (DN) |
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| Tuesday, April 09, 2024 | ||
| 11 | 11
motion
Extension of Time to File Answer
Tue 04/09 2:04 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint,, by The Village of Freeport. (Corbett, Keith) |
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| Thursday, April 04, 2024 | ||
| 10 | 10
service
Summons Returned Executed
Thu 04/04 11:09 AM
SUMMONS Returned Executed by Island Design & Landscaping Inc.. Jerome Bonomo served on 3/27/2024, answer due 4/17/2024. (Campanelli, Andrew) |
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| Wednesday, March 20, 2024 | ||
| 9 | 9
service
Summons Returned Executed
Wed 03/20 5:04 PM
SUMMONS Returned Executed by Island Design & Landscaping Inc.. Richard Samuel served on 3/19/2024, answer due 4/9/2024. (Campanelli, Andrew) |
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| 8 | 8
service
Summons Returned Executed
Wed 03/20 5:03 PM
SUMMONS Returned Executed by Island Design & Landscaping Inc.. Michael Smith served on 3/19/2024, answer due 4/9/2024. (Campanelli, Andrew) |
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| 7 | 7
service
Summons Returned Executed
Wed 03/20 5:01 PM
SUMMONS Returned Executed by Island Design & Landscaping Inc.. The Village of Freeport served on 3/19/2024, answer due 4/9/2024. (Campanelli, Andrew) |
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| 6 | 6
service
Summons Returned Executed
Wed 03/20 5:00 PM
SUMMONS Returned Executed by Island Design & Landscaping Inc.. Jerome Bonomo served on 3/19/2024, answer due 4/9/2024. (Campanelli, Andrew) |
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| 5 | 5
service
Summons Returned Executed
Wed 03/20 4:58 PM
SUMMONS Returned Executed by Island Design & Landscaping Inc.. JCB & Sons, Inc. served on 3/19/2024, answer due 4/9/2024. (Campanelli, Andrew) |
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| Monday, March 18, 2024 | ||
| 4 | 4
service
Summons Issued
Mon 03/18 1:35 PM
Summons Issued as to All Defendants. (CL) |
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Att: 1
Summons #2,
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Att: 2
Summons #3,
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Att: 3
Summons #4,
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Att: 4
Summons #5
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| Friday, March 15, 2024 | ||
| 3 | 3
misc
Clerks Notice of Rule 73
Fri 03/15 4:49 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CL) |
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misc
Quality Control Check - Attorney Case Opening
Fri 03/15 4:45 PM
This attorney case opening filing has been checked for quality control. (CL) |
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utility
Case Assigned/Reassigned
Fri 03/15 4:47 PM
Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
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| Thursday, March 14, 2024 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Thu 03/14 4:01 PM
Corporate Disclosure Statement by Island Design & Landscaping Inc. (Campanelli, Andrew) |
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| 1 | 1
cmp
Complaint
Thu 03/14 3:56 PM
COMPLAINT against Jerome Bonomo, JCB & Sons, Inc., Richard Samuel, Michael Smith, The Village of Freeport filing fee $ 405, receipt number BNYEDC-17668978 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Island Design & Landscaping Inc.. (Campanelli, Andrew) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons Jerome Bonomo,
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Att: 3
Proposed Summons JCB & Sons, Inc.,
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Att: 4
Proposed Summons Officer Richard Samuel,
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Att: 5
Proposed Summons Freeport Police Chief Michael Smith,
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Att: 6
Proposed Summons The Village of Freeport
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