Carpenter v. Apple et al

Filing 87

ORDER: ORDERED, that defendant Apple's Motion for a Stay of discovery and dispositive motion deadlines as it relates to defendant Apple is GRANTED (Dkt. No. 75 , 84 ), and plaintiff's letter motion requesting the Court deny such stay is DENIED (Dkt. No. 81 ). Signed by Magistrate Judge Christian F. Hummel on 9/29/17. (alh, )

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK GINA CARPENTER, Plaintiff, v. 9:15-CV-1269 (GTS/CFH) CRAIG APPLE, et al, Defendants. APPEARANCES: OF COUNSEL: Office of Trevor W. Hannigan 311 State Street Albany, New York 12210 Attorneys for plaintiff TREVOR W. HANNIGAN, ESQ. Meth Law Offices, PC 10 Moffat Lane, Ste. 2 Chester, New York 10918 Attorneys for plaintiff MICHAEL D. METH, ESQ. Adam G. Giangreco, Attorney-at-Law 4217 Court Royale, No. 10 Schenectady, New York 12304 Attorney for Defendant Apple ADAM G. GIANGRECO, ESQ. Goldberg Segalla Law Firm - Albany Office 8 Southwoods Blvd., Ste. 300 Albany, New York 12211-2526 Attorneys for Defendant Apple JONATHAN M. BERNSTEIN, ESQ. CHELSEA E. KEENAN, ESQ. Albany County Attorney’s Office 112 State Street, Ste. 1010 Albany, New York 12207 Attorneys for Defendant Apple, Albany County Sheriff’s Office, County of Albany, Albany County Correctional Facility, Augustus Roberson, III, Jane Doe, John Doe SIA Z. GOOGAS, ESQ. MICHAEL L. GOLDSTEIN, ESQ. Marcelle Law 61 Devonshire Drive Slingerlands, New York 12159 Attorney for Defendant Apple THOMAS MARCELLE, ESQ. Towne, Ryan Law Firm - Albany Office 450 New Karner Road P.O. Box 15072 Albany, New York 12205 Attorneys for Albany County Sheriff’s Office, Albany County, Albany County Correctional Facility, Augustus Roberson III JOHN W. LIGOURI, ESQ. Burke, Scolamiero, Mortati & Hurd, LLP 7 Washington Square P.O. Box 12205 Albany, New York 12205 Attorneys for County of Albany, Albany County Correctional Facility ELIJAH J. SUMMERSELL, ESQ. JEFFERY E. HURD, ESQ. JUDITH B. AUMAND, ESQ. ORDER On September 14, 2017, defendant Craig Apple filed a Notice of Interlocutory Appeal to the United States Court of Appeals for the Second Circuit. Dkt. No. 74. On September 18, 2017, defendant Sheriff Craig Apple filed a Motion to Stay discovery and dispositive motion deadlines with respect to defendant Apple during the pendency of his interlocutory appeal. Dkt. No. 75. On September 20, 2017, plaintiff filed a letter motion seeking denial of defendant Apple’s Motion to Stay. Dkt. No. 81. On September 20, 2017, parties appeared for a scheduling conference. Text. Min. Entry dated Sept. 20, 2017. At the conference, the Court discussed plaintiff’s filing of a late response in opposition to the Motion for Stay, and adjourned the conference for September 28, 2017 to allow defendants’ attorneys and the Court an opportunity to review plaintiff’s letter motion. Id. On September 25, 2017, defendant Apple filed a Reply to plaintiff’s 2 opposition to his Motion to Stay. Dkt. No. 84. On September 28, 2017, parties appeared before the undersigned for an inperson, on the record conference. At that conference, counsel for defendant Apple indicated that a stay was necessary, as he was appealing to the Second Circuit Judge Suddaby’s Decision and Order insofar as it declined to grant him qualified immunity. Plaintiff’s counsel argued that she would face prejudice should the Court grant defendant Apple a stay. At the conference, the undersigned deferred on a decision. The undersigned finds that defendant Apple is entitled to a stay of discovery and dispositive motion deadlines during the pendency of his interlocutory appeal to the Second Circuit as the apparent question before that Court appears to involve a mixed question of law and fact relating to qualified immunity. Parties are advised, if it is necessary following a decision on that Appeal from the Second Circuit, the undersigned intends to follow an expedited discovery and dispositive motion schedule. WHEREFORE, it is hereby ORDERED, that defendant Apple’s Motion for a Stay of discovery and dispositive motion deadlines as it relates to defendant Apple is GRANTED (Dkt. No. 75, 84), and plaintiff’s letter motion requesting the Court deny such stay is DENIED (Dkt. No. 81). IT IS SO ORDERED. Dated: September 29, 2017 Albany, New York 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?