Plaintiffs Michael Kamburowski and Gina Kamburowski alleged that Defendants, directors and officers of the U.S. Immigration & Customs Enforcement, violated his rights, falsely imprisoned him and caused him to suffer severe emotional distress. Plaintiff Michael Kamburowski alleged that he never received any Notice to Appear for a removal hearing, and that his subsequent detention and imprisonment was illegal and unlawful.
|
Date Filed
|
#
|
Docket Text
|
| February 17, 2005 |
1
|
COMPLAINT against Michael Kidd, John Doe I, John Doe II, John Carbone filing fee $ 250, receipt number 306057, filed by Michael Kamburowski, Gina Kamburowski. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: February 18, 2005)
|
| February 17, 2005 |
|
Summons Issued as to Michael Kidd, John Doe I, John Doe II, John Carbone. (Bowens, Priscilla) (Entered: February 18, 2005)
|
| April 18, 2005 |
2
|
Letter MOTION for Extension of Time to File Answer re 1 Complaint by all
defendants. (Kim, Steven) (Entered: April 18, 2005)
|
| April 18, 2005 |
3
|
ORDER re 2 Letter MOTION for Extension of Time to File Answer re 1 Complaint filed by John Doe II, John Carbone, John Doe I, Michael Kidd. Application
granted on consent. Answer due 6/20/05. Ordered by Judge Roanne L. Mann on 04/18/05. (Maynard, Pat) (Entered: April 18, 2005)
|
| June 20, 2005 |
4
|
CERTIFICATE of Counsel Regarding Defendants Acting Within the Scope of Their Employment by Steven J. Kim on behalf of Michael Kidd, John Carbone. (Kim, Steven) (Entered:
06/20/2005)
|
| June 20, 2005 |
5
|
ANSWER to Complaint by all defendants.(Kim, Steven) (Entered: June 20, 2005)
|
| June 21, 2005 |
6
|
SCHEDULING ORDER: Initial Conference set for 7/6/2005 03:30 PM in Courtroom B before Magistrate-Judge Roanne L. Mann.. Ordered by Judge Roanne L. Mann on 07/06/05. (Maynard, Pat)
(Entered: June 21, 2005)
|
| July 6, 2005 |
7
|
Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 7/6/2005. The parties are directed to confer and, by 7/20/05, to submit by ECF a proposal to
dismiss without prejudice or stay the case, or a status report (Maynard, Pat) (Entered: July 6, 2005)
|
| July 20, 2005 |
8
|
Joint MOTION to Stay Case for 90 days by Michael Kamburowski, Gina Kamburowski, Michael Kidd, John Doe I, John Doe II, John Carbone. (Kim, Steven) (Entered: July 20, 2005)
|
| July 25, 2005 |
9
|
ORDER granting on consent 8 Motion to Stay. By 11/17/05, plaintiffs shall file
either an amended complaint or a status report. Ordered by JudgeRoanne L. Mann on 07/25/05. (Maynard, Pat) (Entered: July 25, 2005)
|
| August 1, 2005 |
10
|
DISCLOSURE of Interested Parties by Michael Kamburowski, Gina Kamburowski.(DiRaimondo, Michael) (Entered: August 1, 2005)
|
| August 1, 2005 |
11
|
DISCLOSURE of Interested Parties by Michael Kamburowski, Gina Kamburowski.(DiRaimondo, Michael) (Entered: August 1, 2005)
|
| December 1, 2005 |
12
|
ORDER re 9 Order on Motion to Stay. The Court has heard nothing further from the
parties. By December 8, 2005, plaintiffs shall, on pain of sanctions, file via ECF, either their amended complaint or an updated status report. Ordered by Judge Roanne L. Mann on
12/01/05. (Maynard, Pat) (Entered: December 1, 2005)
|
| December 2, 2005 |
13
|
AMENDED COMPLAINT against Michael Kidd, John Doe I, John Doe II, John Carbone, filed by Michael Kamburowski, Gina Kamburowski.(DiRaimondo, Michael) (Entered: December 2, 2005)
|
| December 15, 2005 |
14
|
ANSWER to Amended Complaint by all defendants.(Kim, Steven) (Entered: December 15, 2005)
|
| December 19, 2005 |
15
|
SCHEDULING ORDER: Initial Conference set for 1/4/2006 12:00 PM in Courtroom B before Magistrate-Judge Roanne L. Mann. Ordered by Judge Roanne L. Mann on 12/19/05. (Maynard, Pat) (Entered:
12/19/2005)
|
| January 4, 2006 |
16
|
Minute Entry for proceedings held before Roanne L. Mann : Initial Conference Hearing held on 1/4/2006. Fact discovery to be completed by 7/24/06. Next settlement conference scheduled for
8/3/06 at 10:30 a.m. (Maynard, Pat) (Entered: January 4, 2006)
|
| June 28, 2006 |
17
|
MOTION for Extension of Time to Complete Discovery by all defendants. (Kim, Steven) (Entered: June 28, 2006)
|
| June 30, 2006 |
18
|
ORDER granting, on consent 17 Motion for Extension of Time to Complete
Discovery. Fact discovery is extended to 9/26/06. The 8/3/06 settlement conference is adjourned to 10/12/06 at 10:30 a.m. Ordered by JudgeRoanne L. Mann on 06/29/06. (Maynard, Pat)
(Entered: June 30, 2006)
|
| September 27, 2006 |
19
|
Letter requesting extension of time to complete fact discovery by Michael Kamburowski, Gina Kamburowski. (DiRaimondo, Michael) (Entered: September 27, 2006)
|
| September 28, 2006 |
20
|
ORDER re 19 Letter filed by Michael Kamburowski,, Gina Kamburowski. Application
granted. Fact discovery is extended to 1/30/07. The 10/12/06 settlement conference is adjourned to 2/14/07 at 2:00 p.m . Ordered by Judge Roanne L. Mann on 09/28/06. (Maynard, Pat)
(Entered: September 28, 2006)
|
| January 22, 2007 |
21
|
MOTION for Extension of Time to Complete Discovery by all defendants. (Kim, Steven) (Entered: January 22, 2007)
|
| January 23, 2007 |
22
|
ORDER granting 21 Motion for Extension of Time to Complete Discovery. Discovery
is extended to 3/30/07. The 2/14/07 settlement conference is adjourned to 4/11/07 at 10:00 a.m. No further extensions will be granted. Ordered by JudgeRoanne L. Mann on 01/23/07.
(Maynard, Pat) (Entered: January 23, 2007)
|
| February 26, 2007 |
23
|
SCHEDULING ORDER:Due to a scheduling conflict, the settlement conference previously scheduled for April 11, 2007, will instead be held on 4/10/2007, at 10:00 AM in 13C South before
Magistrate-Judge Roanne L. Mann. Ordered by Judge Roanne L. Mann on 02/26/07. (Maynard, Pat) (Entered: February 26, 2007)
|
| February 26, 2007 |
24
|
SCHEDULING ORDER: Due to a scheduling conflict, the settlement conference previously scheduled for April 11, 2007, will instead be held on 4/10/2007, at 10:00 AM in 13C South before
Magistrate-Judge Roanne L. Mann. Ordered by Judge Roanne L. Mann on 02/26/07. (Maynard, Pat) (Entered: February 26, 2007)
|
| March 28, 2007 |
25
|
Letter MOTION for Discovery regarding apparent dispute over noticed deposition by Michael Kidd, John Carbone. (Kim, Steven) (Entered: March 28, 2007)
|
| March 29, 2007 |
26
|
Minute Entry for proceedings held before Roanne L. Mann : Telephone/Discovery Conference held on 3/29/2007. (Maynard, Pat) (Entered: March 29, 2007)
|
| April 2, 2007 |
|
Motions terminated: 25 Letter MOTION for Discovery regarding apparent dispute
over noticed deposition filed by Michael Kidd, John Carbone. (Maynard, Pat) (Entered: April 2, 2007)
|
| April 10, 2007 |
27
|
Minute Entry for proceedings held before Roanne L. Mann : Settlement Conference held on 4/10/2007. The parties shall notify the Court by 4/13/07 whether its settlement proposal is
accepted. (Maynard, Pat) (Entered: April 10, 2007)
|
| April 20, 2007 |
28
|
Letter Requesting Pre-Motion Conference by Michael Kidd, John Carbone (Kim, Steven) (Entered: April 20, 2007)
|
| April 27, 2007 |
29
|
NOTICE OF PREMOTION CONFERENCE: A premotion conference will be held by telephone on May 23, 2007 at 11:00 AM. before Judge Amon. AUSA Steven Kim is directed to coordinate the conference
call. (Liberatore, Marie) (Entered: April 27, 2007)
|
| May 22, 2007 |
30
|
NOTICE of RESCHEDULED Pre-Motion Conference. Pre Motion Hearing now set for 5/25/2007 at 11:30 am by telephone before Judge Carol B. Amon. (Rosen, Abigail) (Entered: May 22, 2007)
|
| May 25, 2007 |
|
Minute Entry: Premotion conference held by telephone before Judge Amon on 5/25/2007. The Defendant's summary judgment motion is due July 13, 2007. Plaintiff's response is due August 13,
2007. Any reply by Defendant is due August 20, 2007. Oral argument will be held on September 10, 2007 at 2:00 PM. (Court Reporter Fred Guerino.) (Liberatore, Marie) (Entered: May 25, 2007)
|
| July 11, 2007 |
31
|
MOTION for Extension of Time to File Motion for Summary Judgment by Michael Kidd, John Carbone. (Attachments: # 1 Text
of Proposed Order Proposed Revised Scheduling Order) (Kim, Steven) (Entered: July 11, 2007)
|
| July 16, 2007 |
32
|
ORDER granting 31 Motion for Extension of Time to File. Oral Argument will be
held on November 9, 2007 at 2:00p.m. in Courtroom 10D. So Ordered by Judge Carol B. Amon on 7/13/07. (Puma, Christine) (Entered: July 16, 2007)
|
| September 5, 2007 |
33
|
Letter MOTION for Extension of Time to File Defendants' Motion for Summary Judgment, by Michael Kidd, John Carbone. (Amanat, F.) (Entered: September 5, 2007)
|
| September 5, 2007 |
34
|
NOTICE of Appearance by F. Franklin Amanat on behalf of all defendants (aty to be noticed) (Amanat, F.) (Entered: September 5, 2007)
|
| September 7, 2007 |
|
ORDER: re 33 Defendant's letter Motion for a 60-day extension of the current
briefing schedule. APPLICATION GRANTED. Proposed briefing schedule approved. Oral argument is rescheduled to December 19, 2007 at Noon in Courtroom 10 D. So Ordered by JudgeCarol B. Amon
on 9/6/2007. (Liberatore, Marie) (Entered: September 7, 2007)
|
| October 26, 2007 |
35
|
Third MOTION for Extension of Time to File Defendants' Motion for Summary Judgment, by letter to Judge Amon seeking extension of one week, until November 2, 2007, to serve and file
defendants' papers, ON CONSENT OF PLAINTIFFS, by Michael Kidd, John Carbone. (Amanat, F.) (Entered: October 26, 2007)
|
| October 26, 2007 |
|
ORDER: re 35 Defendants' letter Motion requesting a one-week extension until
November 2, 2007 to serve and file motion papers. APPLICATION GRANTED. So Ordered by JudgeCarol B. Amon on 10/26/2007. (Liberatore, Marie) (Entered: October 26, 2007)
|
| November 2, 2007 |
36
|
Notice of MOTION to Dismiss the Amended Complaint for lack of subject matter jurisdiction and on account of the defendants' immunity from suit, or, in the alternative, for summary
judgment as to all claims set forth in the Amended Complaint (with Certificate of Service attached), by Michael Kidd, John Carbone.Responses due by 12/3/2007 (Amanat, F.) (Entered:
11/02/2007)
|
| November 2, 2007 |
37
|
MEMORANDUM in Support of Defendants' Motion to Dismiss the Amended Complaint, or, in the Alternative, for Summary Judgment, by Michael Kidd, John Carbone. (Amanat, F.) (Entered:
11/02/2007)
|
| November 2, 2007 |
38
|
RULE 56.1 STATEMENT of Material Facts as to Which No Genuine Issue Remains to Be Tried, in Support of 36 Defendants' Motion to Dismiss the Amended Complaint, or, in the Alternative, for
Summary Judgment, by Michael Kidd, John Carbone. (Attachments: # 1 Declaration of Michael S. Kidd# 2 Declaration of F. Franklin Amanat# 3 Exhibit 1 (Part 1)# 4 Exhibit 1 (part 2)# 5 Exhibit 1 (Part 3)# 6 Exhibit 1 (Part 4)# 7 Exhibit 2# 8 Exhibit 3# 9 Exhibit 4 (Excerpts from the Deposition of Michael R.
Kamburowski)# 10 Exhibit 5 (Excerpts from the Deposition of Valeri F. Auletta)) (Amanat, F.) (Entered: November 2, 2007)
|
| November 5, 2007 |
|
Motion terminated: 36 Notice of MOTION to Dismiss the Amended Complaint for
lack of subject matter jurisdiction and on account of the defendants' immunity from suit, or, in the alternative, for summary judgment as to all claims set forth in the Amended Complaint
(with Certificate of Service attached), by Michael Kidd, John Carbone.Responses due by 12/3/2007: Motion terminated as per Chambers. Entries 36, 37 and 38 are to be disregarded.
(Abdallah, Fida) (Entered: November 5, 2007)
|
| December 4, 2007 |
39
|
RESPONSE in Opposition to Motion for Summary Judgment filed by Michael Kamburowski. (DiRaimondo, Michael) (Entered: December 4, 2007)
|
| December 6, 2007 |
|
ORDER: re 39 Letter proposing a revised briefing schedule re: responsive papers
to the motion for summary judgment APPLICATION GRANTED. No further extensions will be granted. Plaintiffs' opposition due 1/25/2008. Defendants' reply papers due 2/8/2008. Oral argument
will be heard on February 21, 2008 at 11:00 AM. So Ordered by Judge Carol B. Amon on 12/6/2007. (Liberatore, Marie) (Entered: December 6, 2007)
|
| January 23, 2008 |
40
|
Letter MOTION for Extension of Time to File Response/Reply in opposition to Government's Motion for Summary Judgment by Michael Kamburowski. (DiRaimondo, Michael) (Entered:
01/23/2008)
|
| January 24, 2008 |
|
ORDER: re 40 Defendants' letter motion for Extension of Time to submit
responsive papers to the Government's Motion for Summary Judgment. APPLICATION DENIED in light of this Court's Order of 12/6/2007. Any application for reconsideration must include an
explanation for the need for an adjournment in light of the delays in this case. So Ordered by Judge Carol B. Amon on 1/24/2008. (Liberatore, Marie) (Entered: January 24, 2008)
|
| January 25, 2008 |
41
|
First MOTION for Reconsideration of Judge's Order of January 24, 2008 denying Plaintiff's letter motion for extension of time to submit responsive papers to the Government's Motion for
Summary Judgment by Michael Kamburowski, Gina Kamburowski. (DiRaimondo, Michael) (Entered: January 25, 2008)
|
| January 29, 2008 |
|
ORDER: re 41 Motion for Reconsideration of Judge's Order of January 24, 2008.
APPLICATION GRANTED. Plaintiffs' opposition papers due 2/19/2008. Defendants' reply papers due 3/4/2008. Oral argument will be held on March 18, 2008 at 11:30 AM in Courtroom 10D before
Judge Amon. So Ordered by Judge Carol B. Amon on 1/28/2008. (Liberatore, Marie) (Entered: January 29, 2008)
|
| February 19, 2008 |
42
|
MEMORANDUM in Opposition to Gorernment's Motion To Dismiss filed by Michael Kamburowski, Gina Kamburowski. (DiRaimondo, Michael) (Entered: February 19, 2008)
|
| March 4, 2008 |
43
|
Amended MOTION to Dismiss the Amended Complaint, or, in the Alternative, for Summary Judgment by Michael Kidd, John Carbone. Responses due by 3/18/2008 (Amanat, F.) (Entered:
03/04/2008)
|
| March 4, 2008 |
44
|
MEMORANDUM in Support re 43 Amended MOTION to Dismiss the Amended Complaint,
or, in the Alternative, for Summary Judgment filed by Michael Kidd, John Carbone. (Amanat, F.) (Entered: March 4, 2008)
|
| March 4, 2008 |
45
|
RULE 56.1 STATEMENT re 43 Amended MOTION to Dismiss the Amended Complaint,
or, in the Alternative, for Summary Judgment [DEFENDANTS' STATEMENT OF MATERIAL FACTS AS TO WHICH NO GENUINE ISSUE REMAINS TO BE TRIED] filed by Michael Kidd, John Carbone.
(Attachments: # 1 Declaration of Michael S. Kidd, # 2 Declaration
of F. Franklin Amanat, # 3 Exhibit 1 (part 1), # 4 Exhibit 1
(part 2), # 5 Exhibit 1 (part 3), # 6 Exhibit 1 (part 4), #
7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4 (Excerpts from the Deposition of Michael R. Kamburowski), # 10 Excerpts from the Deposition of Valeri F. Auletta) (Amanat, F.) (Entered: March 4, 2008)
|
| March 4, 2008 |
46
|
REPLY in Support re 43 Amended MOTION to Dismiss the Amended Complaint, or,
in the Alternative, for Summary Judgment [Reply Memorandum of Law] filed by Michael Kidd, John Carbone. (Attachments: # 1 Exhibit 6 (excerpts from the Deposition of Michael J. Kamburowski)) (Amanat, F.) (Entered: March 4, 2008)
|
| March 4, 2008 |
47
|
Letter from F. Franklin Amanat, AUSA-EDNY, to Hon. Carol B. Amon. USDJ, transmitting courtesy hard-copies of 42 , 43 , 44 , 45 , and 46 by Michael Kidd, John Carbone (Amanat, F.) (Entered: March 4, 2008)
|
| March 11, 2008 |
|
NOTICE of Adjournment of Hearing on Motion regarding 43 Amended MOTION to
Dismiss the Amended Complaint, or, in the Alternative, for Summary Judgment. Oral argument is hereby rescheduled and will take place on 3/27/2008 at 02:00 PM in 10D South before Judge
Carol B. Amon. (Raalf, Matthew) (Entered: March 11, 2008)
|
| March 13, 2008 |
|
AMENDED NOTICE of Adjournment of Hearing on Motion regarding 43 Amended MOTION
to Dismiss the Amended Complaint, or, in the Alternative, for Summary Judgment: Oral argument is hereby rescheduled and will take place on 4/9/2008 at 02:00 PM in 10D South before Judge
Carol B. Amon. This notice supersedes the notice filed on 3/11/08. (Raalf, Matthew) (Entered: March 13, 2008)
|
| April 7, 2008 |
48
|
Letter requesting that oral argument be held in later afternoon by Michael Kamburowski, Gina Kamburowski (DiRaimondo, Michael) (Entered: April 7, 2008)
|
| April 7, 2008 |
|
ORDER: re 48 Letter filed by Plaintiffs requesting that only the time for oral
argument be adjourned. APPLICATION GRANTED. Oral argument time has been moved to 4:00 pm on April 9, 2008. So Ordered by Judge Carol B. Amon on 4/7/08. (Liberatore, Marie) (Entered:
04/07/2008)
|
| April 24, 2008 |
|
Minute Entry: Oral argument held on the Defendants' Motion 43 for summary
judgment before Judge Carol B. Amon on April 9, 2008. For Plaintiff - Thomas Moseley and Michael DiRaimondo. For Defendants - AUSA F. Franklin Amanat.The Defendants' motion will be
granted. Order to follow. (Liberatore, Marie) (Entered: April 24, 2008)
|
| April 24, 2008 |
49
|
ORDER granting 43 Motion to Dismiss. Upon due Consideration, it is hereby
ordered, adjudged, and decreed that, for the reasons stated on the record at the hearing held on April 9, 2008, the defendants motion for summary judgment is granted in its entirety. The
plaintiffs claims are dismissed. The Clerk of the Court is directed to enter judgment and to close this case. Ordered by Judge Carol B. Amon on 4/24/08. (Amon, Carol) (Entered:
04/24/2008)
|
| April 28, 2008 |
50
|
CLERK'S JUDGMENT: ORDERED and ADJUDGED that plaintiffs take nothing of the defendants; that the defendants' motion for summary judgment is granted in its entirety; and that plaintiffs'
claims are dismissed.. Ordered by Clerk of Court on 4/28/2008. (Lagana, Michael) (Entered: April 28, 2008)
|
