Brown v. County of Westchester

Case No. 7:22-cv-06146 · District Court, S.D. New York

Case summary

Brown v. County of Westchester is a federal court case on the docket of the District Court, S.D. New York, where it is recorded under case number 7:22-cv-06146. It was filed on July 19, 2022 and terminated on May 2, 2024. Court records list 8 parties, among them Office of the District Attorney, Westchester County (Defendant) and Cynthia A. Adimari (Defendant). The docket classifies the matter under the nature of suit "Civil Rights: Jobs", with the cause of action recorded as 42:2000e-2e Job Discrimination (Unlawful Employment Practices). Philip M. Halpern is the judge assigned to the case. The public docket contains 145 entries. The most recent entry, dated August 6, 2024, reads: STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily….

Case details

Docket number
7:22-cv-06146
Court
District Court, S.D. New York
Date filed
July 19, 2022
Date terminated
May 2, 2024
Nature of suit
Civil Rights: Jobs
Cause
42:2000e-2e Job Discrimination (Unlawful Employment Practices)
Jurisdiction
Federal Question
Assigned judge
Philip M. Halpern

Parties

  • Office of the District Attorney, Westchester CountyDefendant
  • Cynthia A. AdimariDefendant
  • Anthony A. ScarpinoDefendant
  • District Attorney Miriam E. RocahDefendant
  • Shameika M. MathurinDefendant
  • Adeel MirzaDefendant
  • Bianca BrownPlaintiff
  • County of WestchesterDefendant

Docket entries

145 entries on the public docket, showing the 91 most recent.

  1. Entry 101August 6, 2024

    STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Cynthia A. Adimari, Shameika M. Mathurin, Adeel Mirza, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bianca Brown. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Tracey) (Entered: 08/06/2024)

  2. August 6, 2024

    ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Tracey Brown. RE-FILE Document No. 100 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. When refiling, do not select All Parties or All Defendants. Please select each individual defendant's name that is being dismissed. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)

  3. Entry 100August 5, 2024

    FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bianca Brown. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Tracey) Modified on 8/6/2024 (km). (Entered: 08/05/2024)

  4. August 5, 2024

    ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Tracey Brown. RE-FILE Document No. 99 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected; the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)

  5. Entry 99August 2, 2024

    FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bianca Brown. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Brown, Tracey) Modified on 8/5/2024 (km). (Entered: 08/02/2024)

  6. Entry 98July 8, 2024

    MEMO ENDORSEMENT on re: 97 Status Report filed by Bianca Brown ENDORSEMENT Application granted. The time for the parties to move to reopen this case is extended to August 8, 2024. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/8/2024) (jca) (Entered: 07/08/2024)

  7. Entry 97July 3, 2024

    STATUS REPORT. Document filed by Bianca Brown..(Brown, Tracey) (Entered: 07/03/2024)

  8. Entry 96June 4, 2024

    MEMO ENDORSEMENT on re: 95 Letter filed by Bianca Brown ENDORSEMENT Application granted. The deadline for the parties to file an application to reopen this case is extended to July 3, 2024. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/4/2024) (jca) (Entered: 06/04/2024)

  9. Entry 95May 31, 2024

    LETTER addressed to Judge Philip M. Halpern from Tracey L. Brown dated May 31, 2024 re: Application to Restore the Action pending resolution. Document filed by Bianca Brown..(Brown, Tracey) (Entered: 05/31/2024)

  10. Entry 94May 2, 2024

    ORDER The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DISMISSED as moot, and all conferences are CANCELED. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/2/2024) (jca) (Entered: 05/02/2024)

  11. Entry 93May 1, 2024

    STATUS REPORT. Letter to Judge Halpern Document filed by Bianca Brown..(Brown, Tracey) (Entered: 05/01/2024)

  12. Entry 92February 1, 2024

    FOURTH REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Fact Discovery due by 5/15/2024. Non-expert depositions shall be completed by 5/15/2024. All expert discovery, including expert depositions, shall be completed by 6/13/2024. Discovery due by 8/1/2024. Case Management Conference set for 9/4/2024 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 2/1/2024) (rro) (Entered: 02/01/2024)

  13. Entry 91February 1, 2024

    ORDER granting 90 Letter Motion for Extension of Time to Complete Discovery. Application granted. A revised Civil Case Discovery Plan and Scheduling Order will be separately docketed. The Court will not grant any further requests to extend the discovery deadlines in this case. (Signed by Judge Philip M. Halpern on 2/1/2024) (rro) (Entered: 02/01/2024)

  14. February 1, 2024

    Set/Reset Deadlines: Discovery due by 8/1/2024. Expert Discovery due by 6/13/2024. Fact Discovery due by 5/15/2024. (rro)

  15. Entry 90January 31, 2024

    LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Tracey L. Brown dated January 31, 2024. Document filed by Bianca Brown. (Attachments: # 1 Proposed Order Proposed Fourth Amended Scheduling Order).(Brown, Tracey) (Entered: 01/31/2024)

  16. Entry 89January 30, 2024

    NOTICE OF APPEARANCE by Tracey Lyn Brown on behalf of Bianca Brown..(Brown, Tracey) (Entered: 01/30/2024)

  17. Entry 88January 28, 2024

    ANSWER to 62 Amended Complaint, with JURY DEMAND. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 01/28/2024)

  18. Entry 87January 14, 2024

    ORDER granting 86 Letter Motion for Extension of Time. Application granted. The time for the County Defendants to file their Answer is extended to January 28, 2024 SO ORDERED. (Signed by Judge Philip M. Halpern on 1/12/24) (yv) (Entered: 01/16/2024)

  19. January 14, 2024

    Set/Reset Deadlines: Cynthia A. Adimari answer due 1/28/2024; Shameika M. Mathurin answer due 1/28/2024; Miriam E. Rocah answer due 1/28/2024; Miriam E. Rocah answer due 1/28/2024; Anthony A. Scarpino answer due 1/28/2024; County of Westchester answer due 1/28/2024. (yv)

  20. Entry 86January 12, 2024

    FIRST LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Irma Cosgriff dated 1-12-2024. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 01/12/2024)

  21. Entry 85January 2, 2024

    OPINION & ORDER re: 72 MOTION to Dismiss . filed by Anthony A. Scarpino, Miriam E. Rocah, County of Westchester, Office of the District Attorney, Westchester County, Cynthia A. Adimari, Shameika M. Mathurin. For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. The Court GRANTS the motion to dismiss with respect to: (1) the second claim for relief (Title VII retaliation); (2) the third claim for relief (Section 1983 equal protection) against the County, Scarpino, and Rocah; (3) the fourth claim for relief against the County under Monell; (4) the fifth claim for relief (NYSHRL discrimination) against the County, Scarpino (individual and official capacities), and Rocah (individual and official capacities); (5) the sixth claim for relief (NYSHRL sexual harassment) against the County, Scarpino (individual and official capacities), and Rocah (individual and official capacities); (6) the seventh claim for relief (NYSHRL retaliation) against the County, Scarpino (official capacity only), and Rocah (official capacity only); (7) the eighth claim for relief (NYLL § 740 whistleblower retaliation) against the County; (8) the ninth claim for relief (NYSHRL aiding and abetting) against Scarpino (official capacity only), and Rocah (official capacity only); (9) the tenth claim for relief (NYLL § 740 negligent hiring, retention, and supervision) against the County; (10) the thirteenth claim for relief (common law defamation) against Adimari and Rocah (individual and official capacities); (11) the fourteenth claim for relief (NYSHRL hostile work environment) against the County, Scarpino (individual and official capacities), and Rocah (individual and official capacities). The motion to dismiss is DENIED with respect to (1) the first claim for relief (Title VII discrimination) against the County; (2) the third claim for relief (Section 1983 equal protection) against Adimari and Mathurin; (3) the fifth claim for relief (NYSHRL discrimination) against Adimari and Mathurin; (4) the sixth claim for relief (NYSHRL sexual harassment) against Adimari and Mathurin; (5) the seventh claim for relief (NYSHRL retaliation) against Adimari, Mathurin, Scarpino (individual capacity only), and Rocah (individual capacity only); (7) the ninth claim for relief (NYSHRL aiding and abetting) against the Adimari, Mathurin, Scarpino (individual capacity only), and Rocah (individual capacity only); (8) the eleventh claim for relief (common law intentional infliction of emotional distress) against Adimari; (9) the twelfth claim for relief (common law tortious interference with contractual relations) against Adimari; and (10) the fourteenth claim for relief (NYSHRL hostile work environment) against Adimari, and Mathurin. The Moving Defendants are directed to file an Answer to the Second Amended Complaint within 14 days of the issuance of this Opinion & Order. The Clerk of Court is respectfully directed to terminate the motion sequence at Doc. 72. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/2/2024) (ks) (Entered: 01/02/2024)

  22. Entry 84December 20, 2023

    STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO STIPULATED AND AGREED. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/20/2023) (jca) (Entered: 12/20/2023)

  23. Entry 83December 19, 2023

    LETTER addressed to Judge Philip M. Halpern from Irma Cosgriff dated 12-19-2023 re: Proposed Confidentiality Order to be so ordered. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester. (Attachments: # 1 Proposed Order Stipulated Confidentiality Agreement and Protective Order).(Cosgriff, Irma) (Entered: 12/19/2023)

  24. Entry 82October 23, 2023

    THIRD REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Non-expert depositions shall be completed by February 15, 2024. Deposition due by 3/15/2024. Fact Discovery due by 2/15/2024. Expert Discovery due by 3/15/2024. Discovery due by 3/15/2024. Case Management Conference set for 4/23/2024 at 11:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/23/2023) (jca) (Entered: 10/23/2023)

  25. Entry 81October 23, 2023

    ORDER granting 80 Letter Motion for Extension of Time to Complete DiscoveryApplication granted. The Court will separately docket an amended Scheduling Order. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/23/2023) (jca) (Entered: 10/23/2023)

  26. Entry 80October 20, 2023

    THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from James A. Randazzo dated 10.20.2023. Document filed by Adeel Mirza. (Attachments: # 1 Proposed Order Proposed Third Revised Civil Case Discovery Schedule and Order).(Randazzo, James) (Entered: 10/20/2023)

  27. Entry 79August 7, 2023

    CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Non-expert depositions shall be completed by November 15, 2023. Deposition due by 12/12/2023. Fact Discovery due by 11/15/2023. Expert Discovery due by 12/12/2023. Discovery due by 12/12/2023. Case Management Conference set for 1/17/2024 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 8/7/2023) (jca) (Entered: 08/07/2023)

  28. Entry 78August 7, 2023

    ORDER granting in part and denying in part 77 Letter Motion to Stay re: 77 LETTER MOTION to Stay addressed to Judge Philip M. Halpern from Irma Cosgriff dated 08-04-2023. Application granted in part and denied in part. The County Defendants' request to stay discovery is DENIED. The County Defendants' request to extend the discovery deadline by 3 months is GRANTED. The Court will separately docket an amended Scheduling Order. SO ORDERED.. (Signed by Judge Philip M. Halpern on 8/7/2023) (jca) (Entered: 08/07/2023)

  29. Entry 77August 4, 2023

    LETTER MOTION to Stay addressed to Judge Philip M. Halpern from Irma Cosgriff dated 08-04-2023. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester. (Attachments: # 1 Proposed Order Second Proposed Civil Case Discovery PLan and Schedule).(Cosgriff, Irma) (Entered: 08/04/2023)

  30. Entry 76July 11, 2023

    REPLY MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss . . Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 07/11/2023)

  31. Entry 75July 11, 2023

    MEMORANDUM OF LAW in Opposition re: 72 MOTION to Dismiss . . Document filed by Bianca Brown. (Attachments: # 1 Exhibit Exhibit 1 - Second Amended Complaint, # 2 Exhibit Exhibit 2 - Notice of Claim dated August 13 2021, # 3 Exhibit Exhibit 3 - Amended Notice of Claim dated October 20 2021, # 4 Exhibit Exhibit 4 - Conviction Review Unit Report on the Review of Convictions Stemming from a 2017 Mount Vernon Undercover Narcotics Operation, # 5 Exhibit Exhibit 5 - "Westchester DA Moves To Vacate 26 Convictions Following Release of Police Whistleblowers Secret Recordings" News Article).(Sells, Derek) (Entered: 07/11/2023)

  32. Entry 74July 11, 2023

    MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss . . Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 07/11/2023)

  33. Entry 73July 11, 2023

    DECLARATION of Irma Cosgriff in Support re: 72 MOTION to Dismiss .. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Cosgriff, Irma) (Entered: 07/11/2023)

  34. Entry 72July 11, 2023

    MOTION to Dismiss . Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 07/11/2023)

  35. Entry 71May 23, 2023

    CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Non-expert depositions shall be completed by August 14, 2023. Deposition due by 9/13/2023. Fact Discovery due by 8/14/2023. Expert Discovery due by 9/13/2023. Discovery due by 9/13/2023. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 5/23/2023) (jca) (Entered: 05/23/2023)

  36. Entry 70May 23, 2023

    ORDER granting 69 Letter Motion for Extension of Time to Complete Discovery Application granted. An Amended Scheduling Order will be docketed separately. The case management conference scheduled for August 29, 2023 shall be adjourned to October 25, 2023 at 10:00 a.m. in Courtroom 520. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/23/2023) (jca) (Entered: 05/23/2023)

  37. May 23, 2023

    Set/Reset Hearings: Case Management Conference set for 10/25/2023 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (jca)

  38. Entry 69May 22, 2023

    FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Irma Cosgriff dated 05-22-2023. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 05/22/2023)

  39. Entry 68May 10, 2023

    ORDER granting 67 Letter Motion for Extension of Time. Application granted. The briefing schedule on the County Defendants' motion to dismiss is extended as follows. The County Defendants will serve, but not file, their motion to dismiss on May 24, 2023. Plaintiff will serve, but not file, her opposition on June 26, 2023. The County Defendants will serve, and all motion papers will be filed, on July 11, 2023. SO ORDERED. ( Motions due by 7/11/2023.) (Signed by Judge Philip M. Halpern on 5/9/23) (yv) (Entered: 05/10/2023)

  40. May 10, 2023

    Set/Reset Deadlines: Responses due by 7/11/2023. Replies due by 7/11/2023. (yv)

  41. Entry 67May 8, 2023

    SECOND LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Irma Cosgriff dated 05-08-2023. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 05/08/2023)

  42. Entry 66May 8, 2023

    ANSWER to 62 Amended Complaint,. Document filed by Adeel Mirza..(Randazzo, James) (Entered: 05/08/2023)

  43. Entry 64April 6, 2023

    ORDER granting 63 Letter Motion for Extension of Time. Application granted. Defendants' moving papers shall be served, not filed, on 05/102023; Plaintiff's opposition papers shall be served, not filed, on 06/06/2023; and Defendants' reply papers shall be served, and all motion papers filed, on 06/20/2023. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 63. SO ORDERED.. (Signed by Judge Philip M. Halpern on 4/6/2023) (jca) (Entered: 04/06/2023)

  44. Entry 63April 6, 2023

    LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Irma Cosgriff dated 04-06-2023. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 04/06/2023)

  45. Entry 62April 6, 2023

    SECOND AMENDED COMPLAINT amending 1 Complaint, 41 Amended Complaint, against Cynthia A. Adimari, Shameika M. Mathurin, Adeel Mirza, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester with JURY DEMAND.Document filed by Bianca Brown. Related document: 1 Complaint, 41 Amended Complaint,..(Sells, Derek) (Entered: 04/06/2023)

  46. April 6, 2023

    Set/Reset Deadlines: Motions due by 6/20/2023. Responses due by 6/20/2023 Replies due by 6/20/2023. (jca)

  47. Entry 61April 5, 2023

    ORDER granting 57 Letter Motion for Leave to File Document. Application granted. Plaintiff may file a Second Amended Complaint as proposed at Doc. 59. The Court sua sponte extends the briefing schedule on Defendants' motion to dismiss as follows: (1) Defendants' moving papers shall be served, not filed, on 04/26/2023; (2) Plaintiff's opposition papers shall be served, not filed, on 05/17/2023; and (3) Defendants' reply papers shall be served, and all motion papers filed, on 05/31/2023. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 57. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/5/2023) (jca) (Entered: 04/05/2023)

  48. April 5, 2023

    Set/Reset Deadlines: Motions due by 5/31/2023. Responses due by 5/31/2023 Replies due by 5/31/2023. (jca)

  49. Entry 60April 4, 2023

    LETTER addressed to Judge Philip M. Halpern from Irma Cosgriff dated 04-04-2023 re: oppose leave to file SAC. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 04/04/2023)

  50. Entry 59April 4, 2023

    LETTER addressed to Judge Philip M. Halpern from Bianca Brown dated April 4 2023 re: Plaintiff's Redline Document identifying all changes proposed to be made in the Second Amended Complaint. Document filed by Bianca Brown..(Sells, Derek) (Entered: 04/04/2023)

  51. Entry 58April 3, 2023

    ORDER with respect to 57 Letter Motion for Leave to File Document. ENDORSEMENT Plaintiff shall, by 5:00 p.m. on April 5, 2023, file a "redline" document identifying all changes proposed to be made in the Second Amended Complaint. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/3/2023) (jca) (Entered: 04/03/2023)

  52. Entry 57March 31, 2023

    LETTER MOTION for Leave to File Second Amended Verified Complaint addressed to Judge Philip M. Halpern from Bianca Brown dated March 31, 2023. Document filed by Bianca Brown..(Sells, Derek) (Entered: 03/31/2023)

  53. March 30, 2023

    SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 4/5/2023 at 02:00 PM in telephone or video conference.(mnp) Modified on 3/30/2023 (mnp).

  54. March 29, 2023

    ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Derek S. Sells to RE-FILE re: Document No. 56 Second Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected (do not select Bianca Brown as a party whom the pleading is against); Court's leave has not been granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)

  55. Entry 56March 28, 2023

    FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending 1 Complaint, 41 Amended Complaint, against Bianca Brown, Cynthia A. Adimari, Shameika M. Mathurin, Adeel Mirza, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester with JURY DEMAND.Document filed by Bianca Brown. Related document: 1 Complaint, 41 Amended Complaint,..(Sells, Derek) Modified on 3/29/2023 (jgo). (Entered: 03/28/2023)

  56. Entry 55March 27, 2023

    ORDER granting 54 Letter Motion for Extension of Time. Application granted. The briefing schedule for Defendants' motion to dismiss shall proceed as follows. (1) Defendants' moving papers shall be served, not filed, on 04/12/2023. (2) Plaintiff's opposition papers shall be served, not filed, on 05/03/2023. (3) Defendants' reply papers shall be served, and all motion papers filed, on 05/17/2023. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 54. Motions due by 5/17/2023. (Signed by Judge Philip M. Halpern on 3/27/2023) (tro) (Entered: 03/27/2023)

  57. Entry 54March 24, 2023

    LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Irma Cosgriff dated 03-24-2023. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 03/24/2023)

  58. March 6, 2023

    Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 3/6/2023. Mediation Status due by 4/5/2023. (mnp)

  59. Entry 53March 1, 2023

    MEMO ENDORSEMENT on re: 52 Letter, filed by Anthony A. Scarpino, Miriam E. Rocah, Office of the District Attorney, Westchester County, Cynthia A. Adimari, Shameika M. Mathurin. ENDORSEMENT: Application denied. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/1/2023) (tg) (Entered: 03/01/2023)

  60. Entry 52February 28, 2023

    JOINT LETTER addressed to Judge Philip M. Halpern from Irma Cosgriff-joint dated 02-28-2023 re: Joint-Adjourn Mediation. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino..(Cosgriff, Irma) (Entered: 02/28/2023)

  61. Entry 51February 8, 2023

    CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Non-expert depositions shall be completed by June 8, 2023. Motions due by 3/10/2023. Deposition due by 7/23/2023. Fact Discovery due by 6/8/2023. Expert Discovery due by 7/23/2023. Discovery due by 7/23/2023. Case Management Conference set for 8/29/2023 at 10:00 AM before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 2/8/2023) (jca) (Entered: 02/09/2023)

  62. Entry 50February 8, 2023

    ORDER: The Court held a pre-motion conference on Defendants' anticipated motion to dismiss on February 8, 2023. Plaintiff represented in her October 31, 2022 pre-motion conference letter that she "consents to withdraw her eleventh cause of action under the NY State Constitution." (Doc. 47 at 5). Accordingly, the Court dismisses with prejudice Plaintiff's eleventh claim for relief for violation of Art. 1, Sec. 11 of the New York State Constitution. Further, the Court dismisses with prejudice the Westchester County Office of the District Attorney as a defendant in this action. The Westchester County Office of the District Attorney "does not have a legal existence separate from the District Attorney" and therefore "is not an entity that can be sued. Lewis v. Hoovler, No. 21-CV-2438, 2021 WL 1299491, at *3 (S.D.N.Y. Apr. 5, 2021). The Clerk of Court is respectfully directed to terminate the Westchester County Office of the District Attorney as a defendant in this action. SO ORDERED. Office of the District Attorney, Westchester County terminated. (Signed by Judge Philip M. Halpern on 2/8/2023) (vfr) (Entered: 02/08/2023)

  63. February 8, 2023

    Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 02/08/2023. Counsel for all parties appeared. Defendants granted leave to serve and file a motion to dismiss in accordance with the following schedule: (1) Defendants' moving papers shall be served, not filed, on 03/29/2023; (2) Plaintiff's opposition papers shall be served, not filed, on 04/19/2023; and (3) Defendants' reply papers shall be served, and all motion papers filed, on 05/03/2023. The Civil Case Discovery Plan and Scheduling Order discussed at the conference will be docketed separately. Order to follow. (fc)

  64. January 19, 2023

    ORDER: Due to a scheduling conflict, the pre-motion conference scheduled for 02/06/2023 is rescheduled to 02/08/2023 at 12:00 p.m. using the same dial-in instructions previously provided. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (pkr)

  65. Entry 49December 20, 2022

    NOTICE OF APPEARANCE by Irma Wheatfield Cosgriff on behalf of Anthony A. Scarpino, Anthony A. Scarpino..(Cosgriff, Irma) (Entered: 12/20/2022)

  66. December 5, 2022

    FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/6/2023 at 10:00 AM in telephone or video conference.(mnp)

  67. November 4, 2022

    NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/5/2022.(ah)

  68. Entry 48November 3, 2022

    ORDER granting 44 Letter Motion for Conference re: 44 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Irma Cosgriff dated 10-25-2022. The County Defendants' application for a pre-motion conference granted. A conference has been scheduled for 02/06/2023 at 10:00 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 44. SO ORDERED. Telephone Conference set for 2/6/2023 at 10:00 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 11/3/2022) (vfr) (Entered: 11/03/2022)

  69. Entry 47October 31, 2022

    LETTER RESPONSE in Opposition to Motion addressed to Judge Philip M. Halpern from Derek S. Sells dated 10/31/2022 re: 44 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Irma Cosgriff dated 10-25-2022. Letter Motion. Document filed by Bianca Brown..(Sells, Derek) (Entered: 10/31/2022)

  70. Entry 46October 28, 2022

    ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 11/14/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt) (Entered: 10/28/2022)

  71. Entry 45October 27, 2022

    ANSWER to 41 Amended Complaint,. Document filed by Adeel Mirza..(Randazzo, James) (Entered: 10/27/2022)

  72. Entry 44October 25, 2022

    LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Irma Cosgriff dated 10-25-2022. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 10/25/2022)

  73. Entry 43October 19, 2022

    ORDER granting 42 LETTER MOTION for Extension of Time to file pre-motion conference letter. Application granted. The time to file a pre-motion conference letter is extended to 10/25/2022. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/18/2022) (jca) (Entered: 10/19/2022)

  74. Entry 42October 17, 2022

    LETTER MOTION for Extension of Time to file pre-motion conference letter addressed to Judge Philip M. Halpern from Giacomo G. Micciche dated October 17, 2022. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Micciche, Giacomo) (Entered: 10/17/2022)

  75. Entry 41October 11, 2022

    FIRST AMENDED COMPLAINT amending 1 Complaint against Cynthia A. Adimari, Shameika M. Mathurin, Adeel Mirza, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester with JURY DEMAND.Document filed by Bianca Brown. Related document: 1 Complaint..(Sells, Derek) (Entered: 10/11/2022)

  76. Entry 40September 29, 2022

    ORDER granting 38 Letter Motion for Extension of Time to Amend 38 FIRST LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Philip M. Halpern from Derek S. Sells dated 09/27/2022., 39 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Irma Cosgriff dated 09-28-2022.; denying without prejudice to renewal 39 Letter Motion for Conference re: 38 FIRST LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Philip M. Halpern from Derek S. Sells dated 09/27/2022., 39 LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Irma Cosgriff dated 09-28-2022. Application granted. Plaintiff may serve and file her First Amended Complaint on or before October 11, 2022. The County Defendants' request for a premotion conference (Doc. 39) is denied without prejudice to renew upon the filing of the amended pleading. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 38 and Doc. 39. SO ORDERED. (Amended Pleadings due by 10/11/2022.) (Signed by Judge Philip M. Halpern on 9/29/2022) (jca) (Entered: 09/29/2022)

  77. Entry 39September 28, 2022

    LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Irma Cosgriff dated 09-28-2022. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 09/28/2022)

  78. Entry 38September 27, 2022

    FIRST LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Philip M. Halpern from Derek S. Sells dated 09/27/2022. Document filed by Bianca Brown..(Sells, Derek) (Entered: 09/27/2022)

  79. Entry 37September 20, 2022

    ORDER granting 36 Letter Motion for Extension of Time. Application granted. The County Defendants' time to file a response to the Complaint, in compliance with this Court's Individual Practices, is extended to and including September 28, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 36. SO ORDERED. Motions due by 9/28/2022. (Signed by Judge Philip M. Halpern on 9/20/2022) (vfr) (Entered: 09/20/2022)

  80. September 20, 2022

    Set/Reset Deadlines: Cynthia A. Adimari answer due 9/28/2022; Shameika M. Mathurin answer due 9/28/2022; Office of the District Attorney, Westchester County answer due 9/28/2022; Miriam E. Rocah answer due 9/28/2022; Miriam E. Rocah answer due 9/28/2022; Anthony A. Scarpino answer due 9/28/2022; Anthony A. Scarpino answer due 9/28/2022; County of Westchester answer due 9/28/2022. (vfr)

  81. Entry 36September 19, 2022

    LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Irma Cosgriff dated September 19, 2022. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 09/19/2022)

  82. Entry 35September 13, 2022

    ORDER granting 34 Letter Motion for Extension of Time to Answer re 34 LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from James A. Randazzo dated 09.12.2022. Application granted. Defendant Mirza's time to serve and file an Answer is extended to and including October 12, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 34. SO ORDERED. Adeel Mirza answer due 10/12/2022 (Signed by Judge Philip M. Halpern on 9/13/2022) (jca) (Entered: 09/13/2022)

  83. Entry 34September 12, 2022

    LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from James A. Randazzo dated 09.12.2022. Document filed by Adeel Mirza..(Randazzo, James) (Entered: 09/12/2022)

  84. Entry 33September 12, 2022

    NOTICE OF APPEARANCE by James A. Randazzo on behalf of Adeel Mirza..(Randazzo, James) (Entered: 09/12/2022)

  85. Entry 32September 12, 2022

    NOTICE OF APPEARANCE by Richard Anthony Portale on behalf of Adeel Mirza..(Portale, Richard) (Entered: 09/12/2022)

  86. Entry 31August 25, 2022

    AFFIDAVIT OF SERVICE of Summons and Complaint. Anthony A. Scarpino served on 8/22/2022, answer due 9/23/2022; Anthony A. Scarpino served on 8/22/2022, answer due 9/23/2022. Service was accepted by Donna Dixon Law Clerk. Document filed by Bianca Brown..(Sells, Derek) (Entered: 08/25/2022)

  87. Entry 30August 25, 2022

    AFFIDAVIT OF SERVICE of Summons and Complaint. Adeel Mirza served on 8/23/2022, answer due 9/13/2022. Service was accepted by MRS MIRZA WIFE. Document filed by Bianca Brown..(Sells, Derek) (Entered: 08/25/2022)

  88. Entry 29August 24, 2022

    ORDER granting in part 27 Letter Motion for Extension of Time; granting in part 28 Letter Motion for Extension of Time. Application granted in part. The County Defendants' time to respond to the Complaint, in compliance with this Court's Individual Practices, is extended to and including September 23, 2022. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 27 and Doc. 28. (Signed by Judge Philip M. Halpern on 8/24/2022) (rro) (Entered: 08/24/2022)

  89. August 24, 2022

    Set/Reset Deadlines: Shameika M. Mathurin answer due 9/23/2022; Office of the District Attorney, Westchester County answer due 9/23/2022; Miriam E. Rocah answer due 9/23/2022; Miriam E. Rocah answer due 9/23/2022; Anthony A. Scarpino answer due 9/23/2022; Anthony A. Scarpino answer due 9/23/2022; County of Westchester answer due 9/23/2022. (rro)

  90. Entry 28August 23, 2022

    LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from Irma Cosgriff dated August 23, 2022. Document filed by Cynthia A. Adimari, Shameika M. Mathurin, Office of the District Attorney, Westchester County, Miriam E. Rocah, Miriam E. Rocah, Anthony A. Scarpino, Anthony A. Scarpino, County of Westchester..(Cosgriff, Irma) (Entered: 08/23/2022)

  91. August 23, 2022

    NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Kenneth M. Karas is no longer assigned to the case. (aea)

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