Osterweil v. Bartlett et al

Osterweil v. Bartlett et al

Plaintiff:	Alfred G. Osterweil and Osterweil
Defendant:	George R. Bartlett, III, Andrew M. Cuomo, David A. Paterson and Bartlett
Case Number:	1:2009cv00825
Filed:	July 21, 2009
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Schoharie
Presiding Judge:	Mae A D'Agostino
Referring Judge:	Christian F Hummel
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on March 11, 2015. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 11, 2015	Filing 56 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 48 Motion for Attorney Fees: The Court hereby ORDERS that Plaintiff's motion for attorney's fees and costs (Dkt. No. 48) is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff is awarded $54,305.65 in attorney's fees; and the Court further ORDERS that Plaintiff is awarded $6,180.03 in costs. Signed by U.S. District Judge Mae A. D'Agostino on 3/11/15. (ban)
May 9, 2014	Filing 55 REPLY to Response to Motion re # 48 MOTION for Attorney Fees filed by Alfred G. Osterweil. (Attachments: # 1 Declaration of Daniel Schmutter, # 2 Declaration of Paul Clement)(Schmutter, Daniel)
April 23, 2014	Filing 54 TEXT ORDER granting # 53 Letter Request to file reply; Plaintiff's reply to # 48 Motion for Attorney's Fees, is due on or before 5/9/14. Signed by U.S. District Judge Mae A. D'Agostino on 4/23/2014. (ban)
April 23, 2014	Set Deadlines as to # 48 MOTION for Attorney Fees . Reply to Response to Motion due by 5/9/2014. (ban)
April 21, 2014	Filing 53 Letter Motion from Daniel L. Schmutter for Alfred G. Osterweil requesting Leave to File Reply Papers submitted to Judge D'Agostino . (Schmutter, Daniel)
April 7, 2014	Filing 52 RESPONSE in Opposition re # 48 MOTION for Attorney Fees filed by George R. Bartlett, III. (Attachments: # 1 Exhibit(s) to Kerwin Affirmation, # 2 Memorandum of Law, # 3 Appendix to Memorandum of Law)(Kerwin, Adrienne)
March 31, 2014	Filing 51 TEXT ORDER granting # 49 Letter Request for an extension of the response deadline. Response to # 48 Motion for Attorney's Fees, extended to 4/7/14. Signed by U.S. District Judge Mae A. D'Agostino on 3/31/2014. (ban)
March 31, 2014	Filing 50 CERTIFICATE OF SERVICE by George R. Bartlett, III re # 49 Letter Motion from Adrienne Kerwin for George R. Bartlett, III requesting extension of time to respond to attorney fee application submitted to Judge D'Agostino (Kerwin, Adrienne)
March 31, 2014	Filing 49 Letter Motion from Adrienne Kerwin for George R. Bartlett, III requesting extension of time to respond to attorney fee application submitted to Judge D'Agostino . (Kerwin, Adrienne)
March 11, 2014	Reset Deadlines pursuant to Local Rule 7.1 and Judge D'Agostino's Motion Calendar as to # 48 MOTION for Attorney Fees : The Motion Hearing is reset for 4/15/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 3/31/2014. (ban)
March 10, 2014	Filing 48 MOTION for Attorney Fees Motion Hearing set for 5/6/2014 09:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/21/2014 Reply to Response to Motion due by 4/25/2014. filed by Alfred G. Osterweil. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Daniel L. Schmutter, # 3 Declaration of Paul D. Clement, # 4 Declaration of Alfred G. Osterweil, # 5 Declaration Proof of Service) (Schmutter, Daniel)
February 7, 2014	Filing 47 JUDGMENT in favor of Alfred G. Osterweil against George R. Bartlett, III. (ban)
February 7, 2014	Filing 46 DECISION AND ORDER: The Court hereby ORDERS that this action is DISMISSED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Plaintiff's favor and close this case; and the Court further ORDERS that any application for costs and attorneys' fees must be submitted to the Court within THIRTY (30) DAYS from the filing date of this Decision and Order. Signed by U.S. District Judge Mae A. D'Agostino on 2/7/14. (ban)
February 4, 2014	TEXT Minute Entry for Telephone Conference held on 2/4/2014 before U.S. District Judge Mae A. D'Agostino: Appearances by Daniel Schmutter, Esq. for plaintiff; Adrienne Kerwin, AAG for defendant. Judge D'Agostino discusses with counsel how she plans proceed following the mandate issued by the Second Circuit. Judge D'Agostino informs counsel that she will issue an order and this case will be closed. (Court Reporter Theresa Casal, CRD Britney Norton) (ban)
January 28, 2014	Filing 45 NOTICE of Appearance by Daniel Louis Schmutter on behalf of Alfred G. Osterweil (Schmutter, Daniel)
January 27, 2014	Filing 44 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge David R. Homer no longer assigned to case. The case remains assigned to Hon. Mae A. D'Agostino, U.S. District Judge. Signed by Chief Judge Gary L. Sharpe on 1/27/2014. (lah).
January 24, 2014	Filing 43 NOTICE of Appearance by Adrienne J. Kerwin on behalf of George R. Bartlett, III (Attachments: # 1 Declaration of Service)(Kerwin, Adrienne)
January 15, 2014	Filing 42 MANDATE of USCA, issued 1/14/14, vacating the judgment of the district court and remanding in accordance w/attached slip opinion. (Attachments: # 1 slip opinion)(cbm )
August 9, 2011	USCA Case Number is 11-2420 for # 39 Appeal filed by Alfred G. Osterweil. (cbm )
June 13, 2011	Filing 41 CERTIFICATE OF SERVICE by Alfred G. Osterweil re # 39 Notice of Appeal (mgh)
June 13, 2011	Filing 40 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re # 39 Notice of Appeal (mgh)
June 13, 2011	Filing 39 NOTICE OF APPEAL as to # 36 Order on Motion for Summary Judgment # 37 Judgment, by Alfred G. Osterweil. Filing fee $ 455, receipt number ALB006682. (mgh)
May 27, 2011	Filing 38 Acknowledgment of Receipt of Certified Mail # 36 Order on Motion for Summary Judgment # 37 Judgment, received by Alfred Osterwel on 5/23/2011 (mgh)
May 20, 2011	Filing 37 JUDGMENT in favor of George R. Bartlett, III against Alfred G. Osterweil. IT IS ORDERED AND ADJUDGED that plaintiff's motion for summary judgment is DENIED in its entirety; ORDERED taht defendant's cross motion for summary judgment is GRANTED in its entirety, all in accordance with the Memorandum-Decision and Order of the Honorable Mae A. D'Agostino, signed 5/20/11. (ban)
May 20, 2011	Filing 36 MEMORANDUM-DECISION AND ORDER. ORDERED that plaintiff's # 30 Motion for Summary Judgment is DENIED in its entirety; ORDERED that defendant's # 33 Cross-Motion for Summary Judgment is GRANTED in its entirety. Signed by U.S. District Judge Mae A. D'Agostino on 5/20/11. (ban)
May 20, 2011	Mailed a copy of [36, 37] to Pro se Plaintiff Alfred Osterweil, via certified mail/Return receipt. (ban)
April 25, 2011	TEXT NOTICE of Hearing on Motion # 30 MOTION for Summary Judgment, # 33 Cross MOTION for Summary Judgment: The Motion Hearing is reset for 5/17/2011 10:00 AM in Albany (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. Response to Motion due by 4/25/2011, Reply to Response to Motion due by 4/29/2011. The Motions will be decided on the submission of the papers, only. NO personal appearances are necessary. No further submissions will be accepted without the prior approval of the Court.(ban)
April 25, 2011	Mailed a copy of the 4/25/11 Text Notice re-setting the motion hearing, to all Non-ECF parties. (ban)
April 20, 2011	Filing 35 ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Mae A. D'Agostino for all further proceedings. Judge Gary L. Sharpe no longer assigned to case. Signed by Chief Judge Norman A. Mordue on 4/20/11. (ban)
April 20, 2011	Mailed a copy of # 35 Order Reassigning case to All Non-ECF parties. (ban)
March 24, 2011	Filing 34 RESPONSE in Opposition re # 33 Cross MOTION for Summary Judgment filed by Alfred G. Osterweil. (Attachments: # 1 Cover Letter)(mgh)
March 11, 2011	Filing 33 Cross MOTION for Summary Judgment Motion Hearing set for 5/10/2011 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 4/25/2011 Reply to Response to Motion due by 4/29/2011. filed by George R. Bartlett, III. (Attachments: # 1 Declaration Bartlett Declaration, # 2 Statement of Material Facts Defendants Statement, # 3 Statement of Material Facts Defendant's response to Plaintiff's Statement, # 4 Memorandum of Law Defendant's Memo of Law) (Kinsey, Roger)
March 1, 2011	Filing 32 ORDER granting # 31 Letter Request re # 30 MOTION for Summary Judgment. Request is GRANTED. The defendants' response papers are to be filed on or before 4/5/2011. The plaintiff's reply papers are to be filed on or before 4/19/2011. The motion hearing has been scheduled for 5/5/2011 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. Signed by Judge Gary L. Sharpe on 3/1/2011. (dpk)
February 25, 2011	Filing 31 Letter Motion from AAG McGowan for George R. Bartlett, III requesting an extension of time to April 5, 2011, to respond to plaintiff's motion for summary judgment set forth at Docket # 30 submitted to Judge Homer. (McGowan, James)
February 17, 2011	Filing 30 MOTION for Summary Judgment filed by Alfred G. Osterweil. (mgh)
February 9, 2011	Filing 29 ORDER granting # 28 Letter Request. Dispositive Motions to be filed by 4/5/2011. Signed by Magistrate Judge David R. Homer on 2/9/2011. {Order served on plaintiff via regular mail} (mgh)
February 8, 2011	Filing 28 Letter Motion from AAG McGowan for George R. Bartlett, III requesting an extension of the dispositive motion deadline to April 5, 2011, on consent from plaintiff pro se submitted to Judge Homer. (McGowan, James)
February 4, 2011	Filing 27 ANSWER to # 1 Complaint by George R. Bartlett, III. (Attachments: # 1 Declaration of service of Answer by traditional means)(McGowan, James)
February 4, 2011	Filing 26 MEMORANDUM-DECISION and ORDER, that Osterweil's # 22 Motion for Reconsideration is GRANTED. That this court's February 24, 2010 Memorandum-Decision and Order is REVERSED insofar as it dimissed Osterweil's first, second, and third causes of action. That Osterweil's first, second and third causes of action are REINSTATED. Signed by Judge Gary L. Sharpe on 2/4/2011. (jel, )
February 4, 2011	Mailed copy of the # 26 Memorandum-Decision and Order to all non cm/ecf parties. (jel, )
September 24, 2010	Filing 25 ORDER granting # 24 Letter Request adjourning dispositive motion deadline. Signed by Magistrate Judge David R. Homer on 9/23/2010. {Order served on plaintiff via regular mail} (mgh)
September 23, 2010	Filing 24 Letter Motion from Roger W. Kinsey for George R. Bartlett, III requesting adjournment of motion date submitted to Judge Homer and joined by Plaintiff Osterweil . (Kinsey, Roger)
September 7, 2010	Filing 23 LETTER BRIEF on Second Amendment Claims by George R. Bartlett, III. (Kinsey, Roger)
August 26, 2010	TEXT ONLY NOTICE of Hearing on Motion # 22 MOTION to Vacate # 15 Order on Motion to Dismiss, : Response to Motion due by 9/20/2010. Motion Hearing set for 10/7/2010 at 09:00 AM in Albany before Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. (jel, )
August 26, 2010	Mailed copy of the August 26, 2010 text only notice to all non cm/ecf parties. (jel, )
August 18, 2010	Filing 22 MOTION to Vacate # 15 Order on Motion to Dismiss, filed by Alfred G. Osterweil. (Attachments: # 1 Memorandum of Law, # 2 Affidavit of Alfred G. Osterweil, # 3 Cover Letter) (mgh)
August 6, 2010	Filing 21 ORDER, the court has reviewed the plaintiff's # 19 Letter Motion requesting that the Court reconsider its Decision and Order issued on February 24, 2010 in light of the recent Supreme Court opinion in McDonald v. Chicago and directs the plaintiff to submit a formal motion in full compliance with the local rules. Signed by Judge Gary L. Sharpe on 8/6/2010. (jel, )
August 6, 2010	Mailed copy of the # 21 letter/order to all non cm/ecf parties. (jel, )
July 27, 2010	Filing 20 Letter from Alfred G. Osterweil advising the Court of his current address information. Secondary Address as follows: 310 Rossman Fly Road, Summit, NY 12175(mgh)
July 19, 2010	Minute Entry for proceedings held before Magistrate Judge David R. Homer. A TelephoneStatus Conference was held on 7/19/2010 with defendant's counsel, AAG Roger Kinsey. Plaintiff was not available for the conference. Two telephone calls to the telephone number of plaintiff listed on the docket went unanswered. Messages were left. AAG Kinsey advised that the parties do not require any discovery and the matter will be presented as a purely legal issue in a dispositive motion. [copy of minute entry sent by regular mail to Alfred Osterweil] (lah, )
July 2, 2010	Filing 19 Letter Motion for Alfred G. Osterweil requesting that the Court reconsider its Decision and Order issued on February 24, 2010 in light of the recent Supreme Court opinion in McDonald v. Chicago submitted to Judge Sharpe. (mgh)
March 24, 2010	Filing 18 Uniform Pretrial Scheduling Order Dkt No. # 17 served on plaintiff via regular mail. (mgh)
March 24, 2010	Filing 17 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: two days. Preferred Trial Location: Albany. Joinder of Parties due by 5/1/2010. Amended Pleadings due by 5/1/2010. Discovery due by 8/1/2010. Motions to be filed by 10/1/2010.This action has been Opted Out of the district's ADR program. Signed by Magistrate Judge David R. Homer on 3/24/2010. (mgh)
March 24, 2010	TEXT NOTICE. A Telephone Status Conference will be held with Magistrate Judge David R. Homer on JULY 19, 2010 at 11:30 AM [EST]. The Court will initiate the conference call. [copy of Text Notice sent by regular mail to plaintiff pro se] (lah, )
March 22, 2010	Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Rule 16 Conference was held by telephone on 3/22/2010 with Alfred Osterweil, plaintiff pro se, and AAG Roger Kinsey, counsel for defendant. Neither party foresees the need for any discovery beyond the Rule 26 disclosures already made by defendant. Both parties expect that the case will be decided on motions by the Supreme Court. There is no possibility of settlement as this case presents a purely legal issue. The case will opt-out of ADR. A scheduling order will be entered. A telephone status conference will be held on 7/19/2010 at 11:00 AM to assess the status of the case. [copy of Text Minute Entry sent by regular mail to plaintiff pro se] (lah, )
March 15, 2010	Filing 16 CIVIL CASE MANAGEMENT PLAN by George R. Bartlett, III. (Kinsey, Roger)
March 10, 2010	TEXT NOTICE. A Telephone Rule 16 Scheduling Conference will be held with Magistrate Judge David R. Homer on MARCH 22, 2010 at 9:30 AM. The court will initiate the conference call. The parties shall e-file a Civil Case Management Plan on or before 3/18/2010. [A copy of the text notice sent by regular mail to plaintiff pro se.] (lah, )
February 24, 2010	Filing 15 MEMORANDUM-DECISION AND ORDER: ORDERED that defendants' # 8 motion to dismiss is GRANTED as to Osterweil's first, second, and third causes of action, and those causes of action are DISMISSED; ORDERED that defendants' # 8 motion to dismiss is DENIED as to Osterweil's fourth, fifth, and sixth causes of action; ORDERED that defendants David A. Paterson and Andrew M.Cuomo are DISMISSED from the action. Signed by Judge Gary L. Sharpe on 2/24/2010. (mgh)
February 24, 2010	Memorandum-Decision and Order Dkt. No. # 15 served on plaintiff via regular mail. (mgh)
October 27, 2009	Filing 14 NOTICE of Change of Address by Alfred G. Osterweil Effective Date 10/30/09 Old Address: 310 Rossman Fly Road, Summit, NY 12175 New Address: 197 Lawson Lane, Many Louisiana 71449 (tab)
October 16, 2009	TEXT NOTICE re # 13 . The Rule 16 Conference set for November 25, 2009 with Magistrate Judge Homer is ADJOURNED WITHOUT DATE pending decision on the dispositive motion before Judge Sharpe. [copy of Text Notice sent by regular mail to plaintiff pro se.] (lah, )
October 15, 2009	Filing 13 Letter Motion from Roger W. Kinsey for George R. Bartlett III, David A. Paterson, Andrew M. Cuomo requesting adjourn the Rule 16 conference submitted to Judge Homer. (Kinsey, Roger)
October 14, 2009	Mailed copy of the October 13, 2009 text only notice to all non cm/ecf parties. (jel, )
October 13, 2009	TEXT ONLY NOTICE of Hearing on Motion # 8 MOTION to Dismiss : Motion Hearing set for 10/15/2009 at 09:00 AM in Albany before Judge Gary L. Sharpe will be on SUBMIT only. No personal appearances are needed. (jel, )
September 21, 2009	Filing 12 AFFIDAVIT of Service by Mail of plaintiff's # 11 Memorandum and Appendix served on 9/16/09 upon Roger W. Kinsey, Office of Attorney General, filed by Alfred G. Osterweil. (sg )
September 18, 2009	Filing 10 REPLY to Response to Motion re # 8 MOTION to Dismiss filed by George R. Bartlett III, David A. Paterson, Andrew M. Cuomo. (Kinsey, Roger)
September 17, 2009	Filing 11 MEMORANDUM OF LAW in opposition to # 8 Motion to Dismiss, filed by Alfred G. Osterweil. (tab)
September 3, 2009	Filing 9 AFFIDAVIT of Service for Notice of Motion to Dismiss and Supporting Memo served on Plaintiff on 9/3/2009, filed by George R. Bartlett III, David A. Paterson, Andrew M. Cuomo. (Kinsey, Roger)
September 3, 2009	Filing 8 MOTION to Dismiss Motion Hearing set for 10/15/2009 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 9/28/2009 Reply to Response to Motion due by 10/5/2009. filed by George R. Bartlett III, David A. Paterson, Andrew M. Cuomo. (Attachments: # 1 Memorandum of Law Defendants' Memo, # 2 Appendix Appendix of unreported cases) (Kinsey, Roger) Modified on 9/3/2009 (jel, ).
September 3, 2009	CLERK'S CORRECTION OF DOCKET ENTRY - Corrected docket entry # 8 Motion to Dismiss to reflect the location for the motion return for Albany and not Binghamton. (jel, )
August 7, 2009	Filing 7 ORDER granting # 6 Letter Request, George R. Bartlett III answer due 9/12/2009; David A. Paterson answer due 9/12/2009; Andrew M. Cuomo answer due 9/12/2009. Signed by Magistrate Judge David R. Homer on 8/7/09. (tab)
August 5, 2009	Filing 6 Letter Motion from Roger W. Kinsey for George R. Bartlett III, David A. Paterson, Andrew M. Cuomo requesting extension of time in which to respond to the complaint submitted to Judge Homer. (Kinsey, Roger)
July 24, 2009	Filing 5 SUMMONS Returned Executed by Alfred G. Osterweil. George R. Bartlett III served on 7/23/2009, answer due 8/12/2009. (ban)
July 24, 2009	Filing 4 SUMMONS Returned Executed by Alfred G. Osterweil. David A. Paterson served on 7/21/2009, answer due 8/10/2009. (ban)
July 21, 2009	Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. (sg )
July 21, 2009	Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/25/2009 at 9:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 11/16/2009. (sg)
July 21, 2009	Filing 1 COMPLAINT against George R. Bartlett III, David A. Paterson, and Andrew M. Cuomo (Filing fee paid: $350; receipt number ALB5199) filed by Alfred G. Osterweil, Pro Se. (Attachments: # 1 Civil Cover Sheet)(sg)
July 21, 2009	Summons Issued on 7/21/2009 as to George R. Bartlett III, David A. Paterson, and Andrew M. Cuomo. (sg)

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Plaintiff: Alfred G. Osterweil
Represented By:	Daniel Louis Schmutter
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Plaintiff: Osterweil
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Defendant: George R. Bartlett, III
Represented By:	Adrienne J. Kerwin
Represented By:	James B. McGowan
Represented By:	Roger W. Kinsey
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Defendant: Andrew M. Cuomo
Represented By:	Roger W. Kinsey
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Defendant: David A. Paterson
Represented By:	Roger W. Kinsey
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Defendant: Bartlett
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