Restivo et al v. Nassau County et al

Filing 100

MEMORANDUM AND ORDER; Pursuant to the Local Rules of this District, the following cases: 06-CV-6695 (JS)(WDW), and 06-CV-6720 (JS)(WDW) shall be consolidated under the earliest filed case, Kogut v. County of Nassau, 06-CV-6695. The Clerk of the Court is directed to close the 06-CV-6720 action, and all papers are to be filed under the Kogut action, 06-CV-6695. ( Ordered by Judge Joanna Seybert on 3/31/2009.) (Fagan, Linda)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------X JOHN KOGUT, Plaintiff, -againstTHE COUNTY OF NASSAU, POLICE COMMISSIONER DONALD KANE, POLICE COMMISSIONER WILLIAM J. WILLETT (2005), POLICE COMMISSIONER JAMES LAWRENCE, DETECTIVE SEAN SPILLANE (HEAD OF HOMICIDE 1985), DETECTIVE DENNIS FARRELL (HEAD OF HOMICIDE 2005), DETECTIVE JOSEPH VOLPE, DETECTIVE ROBERT DEMPSEY, DETECTIVE ALBERT MARTINO, DETECTIVE WAYNE BIRDSALL, DETECTIVE MILTON G. GRUBER, DETECTIVE CHARLES FRAAS, DETECTIVE FRANK SIRIANNI, DETECTIVE HARRY WALTMAN, P.O. MICHAEL CONNAUGHTON, P.O. WILLIAM DIEHL, and JOHN DOES 1-5, Defendants. -----------------------------------------X JOHN RESTIVO, DENNIS HALSTEAD, MELISSA LULLO, JASON HALSTEAD, HEATHER HALSTEAD and TAYLOR HALSTEAD, Plaintiffs, - against NASSAU COUNTY, JOSEPH VOLPE, in his individual capacity, ROBERT DEMPSEY, in his individual capacity, FRANK SIRIANNI, in his individual capacity, MILTON GRUBER, in his individual capacity, HARRY WALTMAN in his individual capacity ALBERT MARTINO, in his individual capacity, CHARLIE FRAAS, in his individual capacity, THOMAS ALLAN in his individual capacity, RICHARD BRUSA, in his individual capacity, VINCENT DONNELLY, in his individual capacity, MICHAEL CONNAUGHTON, in his individual capacity, WAYNE BIRDSALL, in his individual capacity, WILLIAM DIEHL, in his individual capacity, JACK SHARKEY, in his individual capacity, MEMORANDUM AND ORDER 06-CV-6695 (JS)(WDW)

MEMORANDUM & ORDER 06-CV-6720(JS)(WDW)

DANIEL PERRINO, in his individual capacity, ANTHONY KOZIER, in his individual capacity, Detective Sergeant CAMPBELL, (Shield #48), in his individual capacity, SEAN SPILLANE, in his individual capacity, RICHARD ROE SUPERVISORS #1-10, in their individual capacities, Defendants. -----------------------------------------X APPEARANCES: For Plaintiffs: John Kogut Anthony M. Grandinette, Esq. Grandinette & Serio, LLP 114 Old Country Road, Suite 420 Mineola, NY 11501 Paul Casteleiro, Esq. 200 Washington Street, Suite 500 Hoboken, NJ 07030 John Restivo, Dennis Halstead, Melissa Lullo, Jason Halstead, Heather Halstead, and Taylor Halstead For Defendants: Barry C. Scheck, Esq. Deborah L. Cornwall, Esq. Monica R. Shah, Esq. Nick Joel Brustin, Esq. Anna Benvenutti Hoffman, Esq. Cochran, Neufeld & Scheck, Llp 99 Hudson Street, 8th Floor New York, New York 10013 Liora M. Ben-Sorek, Esq. Sondra Meryl Toscano, Esq. Office of the Nassau County Attorney One West Street Mineola, NY 11501

SEYBERT, District Judge: Upon reviewing the circumstances of both of the abovecaptioned cases, the Court finds that consolidation of the cases is appropriate pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Both cases involve common questions of law and fact. Plaintiffs John Kogut 2 ("Kogut"), John Restivo

("Restivo"), and Dennis Halstead ("D. Halstead") allege inter alia, malicious prosecution, false arrest and imprisonment, and 14th Amendment due process violations by Defendants. All of these

claims, along with those asserted by Melissa Lullo, Jason Halstead, Heather Halstead, and Taylor Halstead stem from Kogut's, Restivo's, and D. Halstead's wrongful convictions for the rape and murder of Theresa Fusco ("Fusco") in November 1984. alia, members of the investigative Defendants are, inter who had primary

team

responsibility for arresting, interrogating, and prosecuting Kogut, Restivo, and D. Halstead. evidence. Pursuant to the Local Rules of this District, the cases shall be consolidated under the earliest filed case, County of Nassau, 06-CV-6695. Kogut v. All three were later exonerated by DNA

The Clerk of the Court is directed

to close the 06-CV-6720 action, and all papers are to be filed under the Kogut action, 06-CV-6695. SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: Central Islip, New York March 31 , 2009

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