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Garramone v. Hauck

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 19, 2010

CHRISTIAN A. GARRAMONE, PLAINTIFF,
v.
SGT. STEVEN HAUCK, INDIVIDUALLY, AND AS A MEMBER OF THE CITY OF UTICA POLICE DEPARTMENT; C. ALLEN PYLMAN, INDIVIDUALLY, AND AS CHIEF OF POLICE OF THE CITY OF UTICA POLICE DEPARTMENT; CITY OF UTICA; AND CITY OF UTICA POLICE DEPARTMENT, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

A preliminary conference was held on January 15, 2010. Trial is scheduled for January 25, 2010, at 9:30 a.m.

Each party shall file responses to the following issues by 5:00 p.m. today (January 19, 2010): PLAINTIFF:

1. Is the plaintiff discontinuing all claims except excessive force under 18 U.S.C. 1983, and assault and battery under state law?

2. Is the defendant Pylman to remain as a defendant in either his individual and/or official capacity?

3. Does the plaintiff consent to a bench trial?

4. The plaintiff is the son of Anthony J. Garramone, former Utica Chief City Court Judge, and a friend of the undersigned. He will be a witness at the trial. State plaintiff's position with regard to that information.

DEFENDANTS:

1. State any and all convictions or bad acts the defendants intend to use in cross-examination of plaintiff, or otherwise at the trial.

2. Do the defendants consent to a bench trial? 3. The plaintiff is the son of Anthony J. Garramone, former Utica Chief City Court Judge, and a friend of the undersigned. He will be a witness at the trial. State defendants' position with regard to that information.

IT IS SO ORDERED.

20100119

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