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99-2844 - O'Day, et al v. Nassau County, et al


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99-2844 - O'Day, et al v. Nassau County, et al
March 27, 2008
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ORDER granting 127 Motion to Certify Class. A pre-trial conference will be held on May 9, 2008 at 2:00 pm.. Ordered by Senior Judge Denis R. Hurley on 3/27/2008. (Best, Patricia)
March 16, 2009
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ORDER re 141 Letter, 144 Letter, 143 Letter, 142 Letter: As set forth in the accompanying Order, Defendants shall pay the notification costs subject to certain preconditions; each party will be permitted to call up to ten class factual witnesses at trial with testimony confined to the details surrounding the search; witness lists shall be exchanged on or before May 15, 2009; proposed voir dire, jury instructions and verdict sheets shall be filed by July 31, 2009; and in limine motions shall be fully briefed and filed no later than August 10, 2009. Ordered by Senior Judge Denis R. Hurley on 3/16/2009. (Gapinski, Michele)
April 7, 2009
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ele)ORDER re 147 Letter, 151 Letter, 148 Letter, 149 Letter,152 Letter: Order regarding publication issues and issues regarding administrator, see attached Order for details. Ordered by Senior Judge Denis R. Hurley on 4/7/2009. (Gapinski, Mich
May 11, 2009
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ORDER re 150 First MOTION for Reconsideration re 146 Order: The motion for reconsideration is denied. See attached Memorandum & Order. Ordered by Senior Judge Denis R. Hurley on 5/11/2009. (Gapinski, Michele)
May 20, 2009
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ORDER re 157 Letter, filed by Nassau County Sheriff's Department, Jane/John Does 1-200, Joseph Jablonsky, Nassau County, 161 Letter filed by Nassau County Sheriff's Department, Jane/John Does 1-200, Joseph Jablonsky, Nassau County, 159 Letter filed by John Iaffaldano, Gardy Augustin, Stuart Moskowitz, Francis O'Day : Defendants' application to be allowed to communicate with class members is denied. See attached Memorandum and Order. Ordered by Senior Judge Denis R. Hurley on 5/20/2009. (Gapinski, Michele)
September 11, 2009
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ORDER re 207 Letter filed by John Iaffaldano et al,, 206 Letter, filed by John Iaffaldano et al, 208 Letter filed by Nassau County Sheriff's Department,et al: Order regarding opt-out issues. See attached. Ordered by Senior Judge Denis R. Hurley on 9/11/2009. (Gapinski, Michele)
September 30, 2009
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ORDER re 216 224: See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 9/30/2009. c/ecf (Miller, Dina)
February 25, 2010
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ORDER re 276 Letter, 304 Reply in Support, 260 Letter, 274 Letter,: Order regarding "book and bail" issue. See attached. Ordered by Senior Judge Denis R. Hurley on 2/25/2010. (Gapinski, Michele)
April 23, 2010
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ORDER re 313 : The application of Marilyn Bloch to be a named plaintiff is denied. See attached Order. Ordered by Senior Judge Denis R. Hurley on 4/23/2010.(Copy of Order mailed by Chambers to movant).
September 22, 2010
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ORDER re 253 Trial Brief filed by Nassau County, 306 Reply in Support, filed by Nassau County, 270 Memorandum in Opposition filed by John Iaffaldano, Gardy Augustin, Stuart Moskowitz, Francis O'Day : For the reasons set forth in the accompanying Memorandum and Order, the Court holds that the recovery limitation of the Prison Litigation Reform Act of 1997 ("PLRA"), 42 U.S.C. § 1997e(e), is inapplicable to the present case. Ordered by Senior Judge Denis R. Hurley on 9/22/2010. (Gapinski, Michele)
September 22, 2010
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FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court's Findings of Fact and Conclusions of Law pursuant to Fed. R. Civ. P. 52 on the issue of general damages sustained by class members are set forth in the attached Memorandum and Order. The parties are directed to appear on Friday, October 1, 2010 at 3:00 p.m. to discuss the next phase of the proceeding. Ordered by Senior Judge Denis R. Hurley on 9/22/2010. (Gapinski, Michele)
September 29, 2010
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ORDER denying 345 Motion for Leave to Appeal in forma pauperis: Bloch's request to proceed in forma pauperis on her interlocutory appeal is denied. See attached. Ordered by Senior Judge Denis R. Hurley on 9/29/2010. (Chambers mailed copy of Order to movant.)
October 19, 2011
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ORDER re 386: For the reasons set forth in the attached Memorandum & Order, defendants' application is granted. Ordered by Senior Judge Denis R. Hurley on 10/19/2011. (Monaco, Laura)
July 18, 2013
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ORDER granting in part and denying in part 428 Motion to Dismiss; granting in part and denying in part 428 Motion for Reconsideration ; granting in part and denying in part 428 Motion to Vacate. Defendants' motion to vacate the portion of the January 16, 2007 Order granting summary judgment to plaintiffs as to liability is granted as to the federally-based constitutional claim, and plaintiffs' FIRST CLAIM FOR RELIEF, brought pursuant to 42 U.S.C. §1983, is dismissed with prejudice. However, plaintiffs' state-based constitutional claim, i.e. their SECOND CLAIM FOR RELIEF, brought pursuant to New York State Constitution Art. 1, § 12, is unaffected by Florence; accordingly, defendants' application to vacate the portion of previously identified summary judgment order with respect thereto and to dismiss the underlying cause of action, is denied. Ordered by Judge Denis R. Hurley on 7/18/2013. (Kaley, Regina)
April 2, 2014
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MEMORANDUM AND OPINION For the reason indicated : (1) the attorneys for the plaintiff class are awarded $3,836,000 in counsel fees, plus reimbursement for litigation expenses in the amount of $182.030.25, for a total of $4,018,030.25 and (2) their application for service awards is denied. Defendants' application to redefine the class is denied.. Ordered by Judge Denis R. Hurley on 4/2/2014. (Lundy, Lisa)
April 7, 2014
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AMENDED MEMORANDUM AND OPINION. The Memorandum and Order dated April 2, 2014 has been amended solely to replace the words in footnote 10, "is presently Senior Counsel to the law firm of Giskan Solotaroff Anderson & Stewart LLP," with "was Senior Counsel to the law firm of Giskan Solotaroff Anderson & Stewart LLP at the time of the filing of the motion." Ordered by Judge Denis R. Hurley on 4/7/2014. (O'Connor, Madeline)
April 11, 2014
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MEMORANDUM AND OPINION This Memorandum and Order has been written solely to explain to counsel the reasons behind the major modifications to the proposed forms presented by plaintiffs pursuant to my direction.. Ordered by Judge Denis R. Hurley on 4/11/2014. (Lundy, Lisa)
July 28, 2016
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ORDER re [481, 482, 483, 484, 485]: It is hereby ORDERED that defendants deposit the full amount of the final judgment ($11,508,000.00) with the Clerk of Court on or before August 15, 2016; and it is further ORDERED that the monies deposited with the Clerk of Court shall be held in an interest bearing account until such time as the Court enters any Orders respecting same; and is it further ORDERED that defendants shall (1) advise the Court when a petition for certiorari has been filed or when the time to file said petition has expired without a petition having been filed; and (2) in the event a petition is filed advise the Court of any ruling on the petition within ten (10) days of said ruling; and it is further ORDERED that the deadline for any fee application by plaintiffs is extended to on or before October 30, 2016 with defendants' papers in opposition to be filed on or before 15 business days of the actual date of plaintiffs' filing and the reply, if any, being due on or before 10 business days thereafter; and it is further ORDERED that the agreed upon changes to the claim form set forth in plaintiff's letter of July 8, 2016 are approved and that the claim form shall state, with respect to the time limits for filing a lawsuit for damages beyond the $500 per strip search, as follows:The time limits for filing a lawsuit for additional damages are based on the three-year statute of limitations applicable to these claims. The Court placed a hold (i.e. stoppage on the running of the three year statute of limitations) on May 20, 1999. That hold continues to be in effect until 180 days after June 16, 2016, so that you will have until at least December 13, 2016 to file an individual lawsuit for additional damages. This means the amount of time you have to file a separate lawsuit depends upon the date you were stripped search. For example, if you were strip searched anytime from May 20, 1996 until November 16, 1996, you have until December 13, 2016 to file a separate individual lawsuit for additional damages. For example, if you were strip searched on June 1, 1997, you would have one year after December 13, 2016 to file your individual lawsuit for additional damages. If you were strip searched on June 1, 1998, you would have two years after December 13, 2016 to file your individual lawsuit for additional damages. If you were strip searched on June 1, 1999, you have the entire three-year statute of limitations period to file a separate lawsuit. If you have a question about additional damages or the amount of time you have to file a separate you should contact an attorney. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 7/28/2016. (Gapinski, Michele)
November 17, 2016
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ORDER re [498, 499] : Order determining methodology by which class claimants are to be paid and the procedures for handling book and bail claims. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 11/17/2016. (Gapinski, Michele)
April 10, 2017
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ORDER granting 512 Motion to Compel: The application is granted to the extent that with respect to class members who have not filed claims the County shall run the names of said class members and their contact information through WMS for updated addresses and provide to the Claims Administrator any updated addresses garnered from WMS and from NCCC records at the same time. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 4/10/2017. (Gapinski, Michele)
July 26, 2017
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ORDER granting in part and denying in part [529, 533] : The motions to intervene are granted. The motions for vacatur of the April Order are denied. The County is directed to provide the updated addresses to the claims administrator within ten (10) days of the date of this Order. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 7/26/2017. (Gapinski, Michele) (Main Document 537 replaced on 7/26/2017) (Lundy, Lisa).
October 4, 2017
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ORDER re [538, 541, 542]: Plaintiffs' application for a retroactive extension of the tolling provision is denied. See attached. Ordered by Judge Denis R. Hurley on 10/4/2017. (Gapinski, Michele)
March 27, 2018
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ORDER re [549, 552, 554] : Plaintiffs' application to extend the time to file claims to November 24, 2018 is granted, as are the County's applications to have the currently pending invoices of the claims administrator paid out of the funds on deposit with the Court and for the return to the County of $2 million of the funds on deposit. The County shall file, under cover of letter, proposed orders for each of the two foregoing distributions within ten (10) days of the date of this Order. Ordered by Judge Denis R. Hurley on 3/27/2018. (Gapinski, Michele)