Kahlon v. County of Nassau et al
New York Eastern District Court | |
Judge: | Brian M Cogan |
Case #: | 2:24-cv-02439 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 28:1983 Civil Rights |
Case Filed: | Apr 01, 2024 |
Terminated: | Feb 12, 2025 |
Case in other court: | Supreme Court of The State of NY, County of Nassau, 603545/2024 |
Last checked: Saturday Sep 28, 2024 7:38 AM EDT |
Defendant
County of Nassau
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Represented By
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Defendant
John/Jane Doe
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Defendant
Celine Boulben
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Represented By
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Plaintiff
Yossef Kahlon
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Represented By
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Docket last updated: 3 hours ago |
Wednesday, February 12, 2025 | ||
49 | 49
![]() MEMORANDUM DECISION AND ORDER dated 2/11/25 that Kahlon's request for dismissal of certain claims and to thereupon remand the action to state court40 is granted. Boulben's motion for attorneys' fees and request to retain supplemental jurisdiction43 is denied. This case is remanded to the Supreme Court, Nassau County, Index No. 603545/2024. ( Ordered by Judge Brian M. Cogan on 2/11/2025 ) *Certified copy mailed to Nassau Supreme. (RG) |
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Tuesday, February 11, 2025 | ||
48 | 48
![]() RESPONSE in Opposition re43 Letter MOTION for Attorney Fees and Request to Retain Supplemental Jurisdiction in Response to Plaintiff's January, 31 2025 Letter filed by County of Nassau. |
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order
Order on Motion for Summary Judgment
Tue 02/11 11:58 AM
ORDER terminating46 Motion for Summary Judgment as superseded by47 Amended Motion for Summary Judgment (CORRECTED) . Ordered by Judge Brian M. Cogan on 2/11/2025. (PW) |
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Monday, February 10, 2025 | ||
47 | 47
![]() Amended MOTION for Summary Judgment (CORRECTED) by County of Nassau. |
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Sunday, February 09, 2025 | ||
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![]() MOTION for Summary Judgment by County of Nassau. |
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Friday, February 07, 2025 | ||
45 | 45
![]() RESPONSE in Opposition re43 Letter MOTION for Attorney Fees and Request to Retain Supplemental Jurisdiction in Response to Plaintiff's January, 31 2025 Letter filed by Yossef Kahlon. (Klein, Alexander) |
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Thursday, February 06, 2025 | ||
44 | 44
![]() Letter RE: Evidentiary Issues Per Court's January 23, 2025 Order by Celine Boulben (Crumiller, Susan) |
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Monday, February 03, 2025 | ||
43 | 43
![]() Letter MOTION for Attorney Fees and Request to Retain Supplemental Jurisdiction in Response to Plaintiff's January, 31 2025 Letter by Celine Boulben. (Elmaleh-Sachs, Julia) |
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Friday, January 31, 2025 | ||
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![]() Second MOTION for Extension of Time to File motion for summary judgment by County of Nassau. |
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![]() Letter in Response to Plaintiff's Letter on State Action Issue by Celine Boulben (Elmaleh-Sachs, Julia) |
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40 | 40
![]() Letter on the state action issue by Yossef Kahlon (Kearon, Kevin) |
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order
Order on Motion for Extension of Time to File
Fri 01/31 4:58 PM
ORDER re:41 42 . The County's time to file its motion is extended. Defendant Boulben may have until 2/03/2025 to respond to plaintiff's letter. Boulben's counsel is advised that this letter should have been filed as an ECF event Letter "Motion" since it seeks relief from the Court. Do not refile. Ordered by Judge Brian M. Cogan on 1/31/2025. (PW) |
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Wednesday, January 29, 2025 | ||
39 | 39
![]() First MOTION for Extension of Time to File motion for summary judgment by County of Nassau. |
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order
Order on Motion for Extension of Time to File
Wed 01/29 2:26 PM
ORDER granting39 . Defendant County's motion for summary judgment due by 1/31/2025; plaintiff's opposition due 2/18/2025. Ordered by Judge Brian M. Cogan on 1/29/2025. (PW) |
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Tuesday, January 28, 2025 | ||
38 | 38
![]() NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/23/2025, for hearing type Pretrial Conference, before Judge Brian M. Cogan. Court Reporter/Transcriber Andronikh Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/18/2025. Redacted Transcript Deadline set for 2/28/2025. Release of Transcript Restriction set for 4/28/2025. (Barna, Andronikh) |
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Thursday, January 23, 2025 | ||
minutes
Pretrial Conference - Final Order on Motion for Reconsideration ~Util - Set Trial Management Order Deadlines
Thu 01/23 4:35 PM
Minute Entry and Order for Final Pretrial Conference held on 1/23/2025 before Judge Brian M. Cogan. Counsel for all parties present by video conference. Plaintiff's motion for reconsideration35 is denied. The Court ruled on the parties' evidentiary objections. Plaintiff shall file a letter on the state action issue by 1/31/2025. Defendants shall file letters on the admissibility of the Salazar transcripts by 2/06/2025; plaintiff's response due 2/13/2025. Jury selection will proceed before a magistrate judge on 3/24/2025. Trial will take place directly afterwards. See transcript for details. (Court Reporter: Andronikh Barna). (PW) |
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Tuesday, January 21, 2025 | ||
37 | 37
![]() RESPONSE in Opposition re35 Letter MOTION for Reconsideration re Order on Motion for Pre Motion Conference, filed by County of Nassau. |
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Monday, January 20, 2025 | ||
order
Order on Motion to Withdraw as Attorney
Mon 01/20 6:44 PM
ORDER granting36 Motion to Withdraw as Attorney. Attorney Ingrid Mercedes Fernandez terminated. Ordered by Judge Brian M. Cogan on 1/20/2025. (PW) |
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Friday, January 17, 2025 | ||
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![]() MOTION to Withdraw as Attorney Ingrid M. Fernandez by Celine Boulben. (Crumiller, Susan) |
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![]() Letter MOTION for Reconsideration re Order on Motion for Pre Motion Conference, by Yossef Kahlon. (Kearon, Kevin) |
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order
Order on Motion for Pre Motion Conference
Fri 01/17 11:08 AM
ORDER denying34 . The County is right that, in order to rely on the sealed grand jury minutes at summary judgment or at trial, plaintiff needed to have unsealed them during fact discovery. See Anilao v. Spota , 918 F. Supp. 2d 157, 169-70 (E.D.N.Y. 2013). But that is plaintiff's problem. If plaintiff has not already acquired lawful access to the minutes, the County can assert that in its briefing. Ordered by Judge Brian M. Cogan on 1/17/2025. (PW) |
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Thursday, January 16, 2025 | ||
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![]() First MOTION for pre motion conference to determine the unsealing of grand jury minutes in connection with defendant County of Nassau's motion for summary judgment by County of Nassau. |
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![]() Proposed Pretrial Order by Celine Boulben (Crumiller, Susan) |
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Monday, January 13, 2025 | ||
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![]() Letter Letter Regarding Summary Judgment Motion Status by Celine Boulben (Elmaleh-Sachs, Julia) |
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Monday, January 06, 2025 | ||
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![]() NOTICE of Appearance by Susan Karolena Crumiller on behalf of Celine Boulben (aty to be noticed) (Crumiller, Susan) |
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Thursday, January 02, 2025 | ||
minutes
Pre Motion Conference Order on Motion for Pre Motion Conference 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings
Thu 01/02 3:51 PM
Minute Entry and Order for Premotion Conference held on 01/02/2025 before Judge Brian M. Cogan. Counsel for all parties appeared by video conference. Plaintiff withdrew all claims against defendant County of Nassau except for the state malicious prosecution claim. Defendants shall file their motions for summary judgment, if any, by 01/27/2025. Plaintiff's opposition is due 02/12/2025; defendants' replies are due 02/24/2025. The Court adopts the proposed expert discovery schedule. Expert disclosures shall be served by 01/10/2025, and expert discovery shall close on 02/07/2025. The Joint Pretrial Order is now due 01/16/2025. Pretrial Conference is adjourned to 1/23/2025 at 11:00 am. A ZoomGov link will be emailed to counsel of record. See transcript for details. (Court Reporter: Leeann Musolf) (PW) |
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Monday, December 30, 2024 | ||
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![]() First MOTION for Extension of Time to File defendant County's final portions of the JPTO until after the County receives the two missing deposition transcripts by County of Nassau. |
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order
Order on Motion for Extension of Time to File
Mon 12/30 4:54 PM
ORDER denying30 Motion for Extension of Time to File defendant County's final portions of the Joint Pretrial Order, except that the parties may file a Supplemental Joint Pretrial Order with respect to the two deposition transcripts. Ordered by Judge Brian M. Cogan on 12/30/2024. (PW) |
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Friday, December 27, 2024 | ||
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![]() Letter Letter Requesting Emergency Extension to proposed Joint Pretrial Order Deadline by Celine Boulben (Elmaleh-Sachs, Julia) |
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order
Order on Motion for Extension of Time to File Scheduling Order
Fri 12/27 2:38 PM
ORDER denying28 Motion for Extension of Time to File Proposed Joint Pretrial Order; and SCHEDULING ORDER: Hearing by video will be held on 1/2/2025 at 12:30 pm on the motions for premotion conference22 24 . A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 12/27/2024. (PW) |
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order
Order(Other)
Fri 12/27 5:09 PM
ORDER granting29 . Proposed Joint Pretrial Order due 1/3/2025. Ordered by Judge Brian M. Cogan on 12/27/2024. (PW) |
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Thursday, December 26, 2024 | ||
28 | 28
![]() First MOTION for Extension of Time to File Proposed Joint Pretrial Order by Yossef Kahlon. (Klein, Alexander) |
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Monday, December 23, 2024 | ||
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![]() RESPONSE in Opposition re24 MOTION for pre motion conference for permission to file motion for summary judgment filed by Yossef Kahlon. (Klein, Alexander) |
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Thursday, December 19, 2024 | ||
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![]() Letter Joint Letter regarding Expert Discovery Deadlines by Celine Boulben (Fernandez, Ingrid) |
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Wednesday, December 18, 2024 | ||
25 | 25
![]() RESPONSE in Opposition re22 Letter MOTION for pre motion conference Letter Motion Requesting a Pre Motion Conference Seeking Leave to File a Motion for Summary Judgment filed by Yossef Kahlon. (Klein, Alexander) |
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Monday, December 16, 2024 | ||
24 | 24
![]() MOTION for pre motion conference for permission to file motion for summary judgment by County of Nassau. |
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![]() MOTION for Leave to File Excess Pages for four instead of three pages for letter motion for pre-motion conference by County of Nassau. |
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order
Order on Motion for Leave to File Excess Pages
Mon 12/16 2:54 PM
ORDER granting23 . Defendant County may file a 4-page premotion conference letter. Ordered by Judge Brian M. Cogan on 12/16/2024. (PW) |
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Friday, December 13, 2024 | ||
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![]() Letter MOTION for pre motion conference Letter Motion Requesting a Pre Motion Conference Seeking Leave to File a Motion for Summary Judgment by Celine Boulben. (Fernandez, Ingrid) |
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Tuesday, December 10, 2024 | ||
order
Scheduling Order
Tue 12/10 2:28 PM
SCHEDULING ORDER: Discovery in this matter having concluded the parties are directed to file a Joint Pretrial Order using the form posted on the Court's website by 12/30/2024. The parties are to simultaneously file on the docket a set of those exhibits to which objection has been made, and those portions of deposition testimony that a party intends to offer and to which the adversary objects, both as reflected in the Joint Pretrial Order, so that the Court can rule on the objections at the Final Pretrial Conference to the extent practicable. Exhibits that the parties may use solely for the purposes of impeachment or rebuttal should be omitted from the Joint Pretrial Order. A Pretrial Conference will be held by video on 1/9/2025 at 10:30 am. A ZoomGov link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 12/10/2024. (PW) |
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Friday, November 22, 2024 | ||
21 | 21
![]() Letter MOTION for Discovery regarding Boulben's November 25, 2024 deposition venue by Celine Boulben. (Fernandez, Ingrid) |
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order
Order on Motion for Discovery
Fri 11/22 5:26 PM
ORDER denying21 . This is a discovery dispute not presented in accordance with this Court's Individual Practice Rules concerning discovery disputes and therefore no relief will issue. However, the deposition will go forward on Monday. If it does not, and the dispute is properly presented, the Court will determine which attorney is at fault and that attorney will be personally sanctioned in an amount between $1000-$5000. Ordered by Judge Brian M. Cogan on 11/22/2024. (PW) |
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Thursday, October 10, 2024 | ||
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![]() STATUS REPORT by Defendant County of Nassau by County of Nassau |
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order
Order(Other)
Thu 10/10 5:09 PM
ORDER re:20 . This is not the proper subject of a "status report." If defendant's counsel needs an adjustment of the discovery schedule for religious reasons (or any reason), it must be requested by motion. Counsel cannot simply "advise" the Court that he has unilaterally decided to adjust the Court's So-Ordered discovery schedule. The Court would of course attempt to accommodate counsel for the reason stated, unless it would have been feasible to respond to the discovery requests before the onset of the religious holidays, as those holidays did not suddenly appear on the calendar; counsel knew when they were going to occur when the Court scheduled discovery. As of now, the Court's discovery schedule remains in effect unless relief is granted by subsequent order upon an appropriate motion. Ordered by Judge Brian M. Cogan on 10/10/2024. (PW) |
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Wednesday, October 09, 2024 | ||
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![]() NOTICE of Appearance by Julia Lea Elmaleh-Sachs on behalf of Celine Boulben (aty to be noticed) (Elmaleh-Sachs, Julia) |
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Thursday, August 08, 2024 | ||
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![]() STATUS REPORT re: discovery by County of Nassau |
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Friday, June 07, 2024 | ||
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![]() Letter opposing severance by Yossef Kahlon (Muscatello, Danielle) |
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Friday, May 31, 2024 | ||
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![]() ANSWER to Complaint Counterclaim by Yossef Kahlon. (Klein, Alexander) |
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Thursday, May 30, 2024 | ||
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![]() SCHEDULING ORDER/CIVIL CASE MANAGEMENT PLAN is hereby adopted. ( Ordered by Judge Brian M. Cogan on 5/30/2024 ) (RG) |
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![]() Letter with explanation for missing telephone conference this morning by County of Nassau |
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minutes
Initial Conference Hearing
Thu 05/30 1:20 PM
Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 5/30/2024. Counsel for plaintiff and defendant Boulben appeared by telephone. Attorney for the County of Nassau reported after the conference that he was unable to dial in. He should check his phone since nobody else has a problem, and he should confer with plaintiff's and Boulben's counsel for the particulars and tone of the Court's instructions to counsel. The Court severed the Monell claims from the rest of the action. By 6/7/2024, plaintiff shall file a letter explaining why the action between plaintiff and the individual defendant should not be severed from the action between plaintiff and the County and Doe defendants. Plaintiff is also directed to serve and file his reply to defendant Boulben's counterclaims, which the docket indicates is past due, by 6/7/2024. The Court will adopt the parties' Case Management Plan with modifications by separate order; fact discovery to end 12/9/2024. (PW) |
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Thursday, May 16, 2024 | ||
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![]() NOTICE of Appearance by Kevin T. Kearon on behalf of Yossef Kahlon (aty to be noticed) (Kearon, Kevin) |
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![]() NOTICE of Appearance by Alexander R. Klein on behalf of Yossef Kahlon (aty to be noticed) (Klein, Alexander) |
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Thursday, May 09, 2024 | ||
notice
Notice of Hearing
Thu 05/09 6:10 PM
NOTICE of Hearing: Initial Status Conference previously set for 5/16/2024 is reset to 5/30/2024 at 10:30 AM. The parties are directed to call 571-353-2301 and enter Meeting ID: 020454116#. (PW) |
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Wednesday, May 08, 2024 | ||
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![]() CASE MANAGEMENT STATEMENT (Fernandez, Ingrid) |
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Wednesday, May 01, 2024 | ||
10 | 10
![]() ORDER granting9 Stipulation/Motion for Protective Order. ( Ordered by Judge Brian M. Cogan on 5/1/2024 ) (RG) |
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![]() Joint MOTION for Protective Order by Celine Boulben. (Fernandez, Ingrid) |
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Sunday, April 28, 2024 | ||
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![]() ANSWER to Complaint by County of Nassau. |
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![]() ANSWER to Complaint by County of Nassau. |
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Sunday, April 21, 2024 | ||
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![]() NOTICE of Appearance by Ralph J. Reissman on behalf of County of Nassau (aty to be noticed) |
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Thursday, April 11, 2024 | ||
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![]() WAIVER OF SERVICE Returned Executed by Celine Boulben. (Fernandez, Ingrid) |
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Wednesday, April 03, 2024 | ||
4 | 4
![]() SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for a telephonic Initial Status Conference on 5/16/2024 at 10:30 am. The parties are directed to call 571-353-2301 and enter Meeting ID: 020454116#. Principal trial counsel must appear at this and all subsequent conferences. Plaintiff's counsel is directed to notify all attorneys in this action of the conference schedule in writing. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at https://www.nyed.uscourts.gov/content/judge-brian-m-cogan. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's Rules. Prior to the conference, counsel shall file on the docket a completed Case Management Plan, see attached form. To the extent either party claims damages for emotional injury for which they have received treatment, that party shall provide duly executed medical and HIPAA releases to their adversary prior to the conference. Ordered by Judge Brian M. Cogan on 4/3/2024. (PW) |
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Tuesday, April 02, 2024 | ||
3 | 3
![]() 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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![]() NOTICE of Appearance by Hilary Joy Orzick on behalf of Cline Boulben (aty to be noticed) (Orzick, Hilary) |
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misc
Quality Control Check - Attorney Case Opening
Tue 04/02 8:48 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
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utility
Case Assigned/Reassigned
Tue 04/02 8:51 PM
Case Assigned to Judge Brian M. Cogan. 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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Monday, April 01, 2024 | ||
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