Walker v. Tormey et al
| Walker and Nancy Rodriguez Walker |
| Tormey, William J. Fitzpatrick, Melinda McGunnigle, Michael A. Klein and Hon. James C. Tormey |
| 5:2015cv00047 |
| January 15, 2015 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Lawrence E Kahn |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 160 STATEMENT OF COSTS from United States Court of Appeals for the Second Circuit. (dpk) |
| USCA Case Number 19-963 for #157 Notice of Appeal, filed by Nancy Rodriguez Walker. (see) |
| Filing 159 MANDATE of USCA as to #157 Notice of Appeal. (dpk) |
| Filing 158 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #157 Notice of Appeal. (dpk) |
| Filing 157 NOTICE OF APPEAL as to #155 Order on Motion for Summary Judgment,, Order on Motion to Amend/Correct, #46 Order on Motion to Dismiss for Failure to State a Claim,,,,, #156 Judgment, by Nancy Rodriguez Walker. Filing fee $ 505, receipt number ANYNDC-4707218. (Attachments: #1 Supplement)(Frumkin, William) |
| Filing 156 JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED and judgment is entered in favor of the Defendants as against the Plaintiff, in accordance with the MEMORANDUM-DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated March 14, 2019. (sas) |
Filing 155
MEMORANDUM-DECISION AND ORDERED, that the Summary Judgment Motion (Dkt. No. 129) is GRANTED, and Plaintiffs claims are DISMISSED in their entirety; and it is further ORDERED, that Plaintiffs Motion to Amend (Dkt No. 131) is DENIED; and it is further ORDERED, that the Clerk is directed to close this case. Signed by Senior Judge Lawrence E. Kahn on March 14, 2019. (sas)
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Filing 154
TEXT ORDER: Following the Court's October 9, 2018 text order, Dkt. No. 151 ("Text Order"), both Plaintiff and Defendants submitted redacted versions of their summary judgment memoranda of law, Dkt. Nos. 15253 ("Redacted Memoranda"); see also Dkt. No. 129 ("Defendant's Summary Judgment Motion"). The Court has reviewed the Redacted Memoranda and, finding that they comply with the Text Order, accepts them for filing. The Court will render its decision on Defendants' Summary Judgment Motion in due course. Signed by Senior Judge Lawrence E. Kahn on October 22, 2018. (sas)
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| Filing 153 MEMORANDUM OF LAW re #152 Memorandum of Law, #143 Memorandum of Law In Opposition to D's MSJ filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 152 MEMORANDUM OF LAW re #129 Motion for Summary Judgment,,,,,,,, filed by William J. Fitzpatrick, Melinda McGunnigle. (Attachments: #1 Certificate of Service)(Rhinehart, Carol) |
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Filing 151
TEXT ORDERED: On September 28, 2018, Plaintiff moved for permission to file under seal her opposition materials to Defendants' motion for summary judgment. Dkt. No. 149 ("Letter Motion"); see also Dkt. No. 129 ("Summary Judgment Motion"); Dkt. Nos. 143-45 ("Opposition Materials"). Plaintiff argues that her Opposition Materials should be sealed because (1) New York law requires that all official records and papers... relating to the arrest or prosecution [that resulted in acquittal], shall be sealed and not made available to any person or public or private agency; and (2) Plaintiff's Opposition Materials include confidential memoranda and emails from the Inspector Generals office. Id. at 1-2. Although Plaintiff only explicitly moved to seal her Opposition Materials, the Court deems her Letter Motion to also cover Defendants' Summary Judgment Motion on which the Opposition Papers rely. Plaintiffs Letter Motion is GRANTED in part. The following documents are hereby SEALED in their entirety: Dkt. Nos. 129, 129-1 through 129-33, 144, 145, and 145-1. However, rather than seal the entirety of the parties memoranda of law, Dkt Nos. 129-34, 143, the Court directs the parties to publicly file via ECF, within seven days, proposed redacted versions of the memoranda, narrowly tailoring their redactions to prevent disclosure of official arrest/prosecution records and confidential Inspector General messages. The Court encourages the parties to confer in an attempt to agree on proposed redactions. Signed by Senior Judge Lawrence E. Kahn on October 09, 2018. (sas)
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Filing 150
TEXT ORDER: The Court is in receipt of Plaintiff's letter motion, filed September 28, 2018, Dkt. No. 149 ("Plaintiff's Letter Motion") at 1-2, explaining her rationale for requesting to file under seal certain papers related to Defendant's motion for summary judgment, Dkt. No. 129 ("Summary Judgment Motion"). It has also reviewed Defendants' request for an extension of their filing deadlines until the Court decides Plaintiff's Letter Motion. Dkt. No. 149 ("Defendants' Letter Motion"); see also Dkt. No. 146 ("September Order") (setting deadline for Defendants to file either an unsealed, non-redacted Summary Judgment Motion or a letter explaining why filing under seal was required). Defendants' Letter Motion is GRANTED in part. While the Court reviews Plaintiff's Letter Motion, Defendant's deadline to file an unsealed, non-redacted Summary Judgment Motion is hereby stayed. Defendants' deadline for submitting any memorandum joining Plaintiff's Letter Motion remains today. Signed by Senior Judge Lawrence E. Kahn on September 28, 2018. (sas)
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| Filing 149 Letter Motion from Carol L. Rhinehart, Esq. for William J. Fitzpatrick, Melinda McGunnigle requesting an extension of filing deadline submitted to Judge Kahn . (Rhinehart, Carol) |
| Filing 148 LETTER BRIEF by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 147 REPLY to Response to Motion re #129 MOTION for Summary Judgment filed by William J. Fitzpatrick, Melinda McGunnigle. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Rhinehart, Carol) |
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Filing 146
DECISION AND ORDERED, that Plaintiffs Letter Motion (Dkt. No. 142) is DENIED without prejudice to renew; and it is further ORDERED, that Plaintiff shall, within seven days of the filing of this Decision and Order, either file unsealed, non-redacted opposition papers or explain why sealing or redacting them is necessary; and it is further ORDERED, that the Text Order, Dkt. No. 128, is WITHDRAWN; and it is further ORDERED, that Defendants Sealing Motion, Dkt. No. 127, is DENIED without prejudice to renew; and it is further ORDERED, that Defendants shall, within seven days of the filing of this Decision and Order, either file an unsealed, non-redacted Summary Judgment Motion and supporting documents, or explain why sealing or redacting them is necessary. Signed by Senior Judge Lawrence E. Kahn on September 21, 2018. (sas)
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| Filing 145 AFFIDAVIT in Opposition re #129 MOTION for Summary Judgment DECLARATION filed by Nancy Rodriguez Walker. (Attachments: #1 Exhibit(s) Exhibits 1-27)(Frumkin, William) (Additional attachment(s) added on 3/1/2019: #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (sas, ). (Additional attachment(s) added on 3/6/2019: #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s), #23 Exhibit(s), #24 Exhibit(s), #25 Exhibit(s), #26 Exhibit(s), #27 Exhibit(s), #28 Exhibit(s)) (sas, ). |
| Filing 144 STATEMENT OF MATERIAL FACTS re #129 MOTION for Summary Judgment filed by Nancy Rodriguez Walker. (Frumkin, William) (Additional attachment(s) added on 3/1/2019: #1 Statement of Material Facts) (sas, ). |
| Filing 143 MEMORANDUM OF LAW re #129 Motion for Summary Judgment,,,,,,,, filed by Nancy Rodriguez Walker. (Frumkin, William) (Additional attachment(s) added on 3/1/2019: #1 Memorandum of Law) (sas, ). |
| Filing 142 Letter Motion from William Frumkin, Esq. for Nancy Rodriguez Walker requesting Permission to File Under Seal submitted to Judge Lawrence E. Kahn . (Attachments: #1 Proposed Order/Judgment)(Frumkin, William) |
| Filing 141 TEXT NOTICE from the chambers of US District Judge, Lawrence E. Kahn: As a reminder, all motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained.sas) |
| Filing 140 MEMORANDUM OF LAW re #138 Response in Opposition to Motion to Intervene and in Opposition to Plaintiff's Second Motion to Amend Her Complaint filed by Nancy Rodriguez Walker. (Attachments: #1 Declaration William D. Frumkin Declaration)(Frumkin, William) |
| Filing 139 CERTIFICATE OF SERVICE by James C. Tormey re #138 Response in Opposition to Motion (Smith, Robert) |
| Filing 138 RESPONSE in Opposition re #131 MOTION to Amend/Correct #107 Amended Complaint, #104 Amended Complaint filed by James C. Tormey. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 Exhibit(s))(Smith, Robert) |
| Filing 137 RESPONSE in Opposition re #131 MOTION to Amend/Correct #107 Amended Complaint, #104 Amended Complaint filed by William J. Fitzpatrick, Melinda McGunnigle. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Rhinehart, Carol) |
| Filing 136 RESPONSE in Opposition re #131 MOTION to Amend/Correct #107 Amended Complaint, #104 Amended Complaint filed by Michael A. Klein. (Attachments: #1 Memorandum of Law)(Kerwin, Adrienne) |
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Filing 135
TEXT ORDER: On July 31, 2018, Plaintiff filed a motion to amend her complaint. Dkt. No. 131 ("Amendment Motion"). The Amendment Motion seeks to add Michael Klein as a defendant in this action. Dkt. No. 130 ("Amendment Memorandum") at 1. On August 1, 2018, Klein's counsel submitted a letter motion requesting permission from the Court to oppose the Amendment Motion on his behalf. Dkt. No. 134 ("Letter Motion"). The Letter Motion is GRANTED. Klein's response to the Amendment Motion is due by August 21, 2018. Signed by Senior Judge Lawrence E. Kahn on August 02, 2018. (sas)
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| Filing 134 Letter Motion from Adrienne J. Kerwin for Michael A. Klein requesting permission to oppose motion to amend the complaint submitted to Judge Stewart . (Kerwin, Adrienne) |
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Filing 133
LETTER REQUEST & ORDER granting Atty. W. Frumkin's #132 Request to adjourn the deadlines re: #129 MOTION for Summary Judgment. Motion Hearing is reset for 10/5/2018 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Response to Motion due by 9/14/2018. Reply to Response to Motion due by 9/24/2018. This motion will be considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on August 01, 2018.
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| Filing 132 Letter Motion from William Frumkin for Nancy Rodriguez Walker requesting Adjourn Return Date submitted to Judge Lawrence E. Kahn . (Frumkin, William) |
| Filing 131 MOTION to Amend/Correct #107 Amended Complaint, #104 Amended Complaint Motion Hearing set for 9/7/2018 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 8/21/2018 filed by Nancy Rodriguez Walker. Motions referred to Daniel J. Stewart. (Frumkin, William) |
| Filing 130 MEMORANDUM OF LAW In Support of Second Motion for Leave to Amend Complaint filed by Nancy Rodriguez Walker. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s))(Frumkin, William) |
| Filing 129 MOTION for Summary Judgment Motion Hearing set for 9/7/2018 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 8/21/2018 Reply to Response to Motion due by 8/27/2018. filed by William J. Fitzpatrick, Melinda McGunnigle. (Attachments: #1 Affirmation) (Rhinehart, Carol) (Additional attachment(s) added on 7/31/2018: #2 Transcript Part 1) (sas, ). (Additional attachment(s) added on 7/31/2018: #3 Transcript Part 2) (sas, ). (Additional attachment(s) added on 7/31/2018: #4 Transcript EBT of Willliam Fitzpatrick) (sas, ). (Additional attachment(s) added on 7/31/2018: #5 Transcript EBT Melinda McGunnigle) (sas, ). (Additional attachment(s) added on 7/31/2018: #6 Transcript EBT James Daley) (sas, ). (Additional attachment(s) added on 7/31/2018: #7 Transcript EBT John Brunetti, #8 Transcript EBT T Testo, #9 Transcript EBT M Klein) (sas, ). (Additional attachment(s) added on 7/31/2018: #10 Transcript EBT J Tormey, #11 Transcript EBT S Bryan, #12 Transcript EBT R Lenhart) (sas, ). (Additional attachment(s) added on 7/31/2018: #13 Transcript N Rodriguez-Walker, #14 Exhibit(s) UCS Canons, #15 Exhibit(s) Report, #16 Exhibit(s) Letter MM to JT) (sas, ). (Additional attachment(s) added on 7/31/2018: #17 Exhibit(s) Memo SB to SS, #18 Exhibit(s) Email Chain Walker to CC Staff &SB, #19 Exhibit(s) letter TT to NRW, #20 Exhibit(s) Email AP to TT, #21 Exhibit(s) Email AP to TT) (sas, ). (Additional attachment(s) added on 7/31/2018: #22 Exhibit(s) Memo SS to EM, #23 Exhibit(s) Email EM to SS, #24 Exhibit(s) Letter TH to TT, #25 Exhibit(s) fax MM to TT, #26 Exhibit(s) Memo SS to EM, #27 Exhibit(s) Letter SB to NWR, #28 Exhibit(s) Letter SB to NRW) (sas, ). (Additional attachment(s) added on 7/31/2018: #29 Exhibit(s) Email MK to JM PN LS AP, #30 Exhibit(s) Email MK to SB, #31 Exhibit(s) Email from SB, #32 Exhibit(s) Letter WH from MK) (sas, ). (Additional attachment(s) added on 8/1/2018: #33 Statement of Material Facts) (sas, ). (Additional attachment(s) added on 8/1/2018: #34 Memorandum of Law) (sas, ). |
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Filing 128
ORDERED that all documents regarding the summary judgment motion, with the exception of the Notice of Motion and Attorney Affirmation, be served on the Court and William Frumkin, attorney for Plaintiff, by electronic mail by July 31, 2018, and that these documents be filed under seal pursuant to the Stipulation and Order of Confidentiality. Signed by Senior Judge Lawrence E. Kahn on July 30, 2018. (sas)
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| Filing 127 Letter Motion from Atty. C. Rhinehart for William J. Fitzpatrick & Melinda McGunnigle requesting to file motion conventionally & under seal submitted to Judge Lawrence E. Kahn. (Attachments: #1 Proposed Order/Judgment)(sas) |
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Pre-Motion Conference held on 7/17/2018. Appearances: William Frumkin, Esq. and Elizabeth Hunter, Esq. for Plaintiff; Carol Rhinehart, Esq. for Defendants; Robert Smith, Esq. for Hon. James C. Tormey. The Court held a conference to address Plaintiff's request to file a motion to amend the complaint in this matter. After hearing from all counsel, the Court permits Plaintiff to file a motion by 7/31/2018. Any opposition to the motion is to be filed by 8/14/2018. The motion will be on SUBMIT only. No oral argument will be heard unless otherwise directed by the Court. (TIME: 10:03AM-10:29AM). (Court Reporter: Jacqueline Stroffolino) (mab) |
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Filing 126
TEXT ORDER denying #124 Letter Request. Signed by Magistrate Judge Daniel J. Stewart on 7/16/2018. (Stewart, Daniel)
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Filing 125
TEXT ORDER denying #123 Letter Request. Signed by Magistrate Judge Daniel J. Stewart on 7/16/2018. (Stewart, Daniel)
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| Filing 124 Letter Motion from William Frumkin for Nancy Rodriguez Walker requesting Continuance of Pre-Motion Conference submitted to Judge Daniel J. Stewart . (Frumkin, William) |
| Filing 123 Letter Motion from William Frumkin for Nancy Rodriguez Walker requesting Reconsider Text Order submitted to Judge Daniel J. Stewart . (Frumkin, William) |
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Filing 122
TEXT ORDER: On July 12, 2018, Plaintiff filed a Letter Request seeking a conference to address her intent to file a Motion for Leave to Amend the Complaint in this matter. Dkt. No. #120 . On July 13, 2018, counsel for Hon. James C. Tormey filed a Letter Request seeking permission to participate in the pre-motion conference. Dkt. No. #121 . Plaintiff's request is GRANTED and a Pre-Motion Telephone Conference is scheduled for July 17, 2018 at 10:00 AM before the undersigned. Counsel for Hon. Tormey is permitted to participate. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/13/2018. (mab)
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| Filing 121 Letter Motion from Robert J. Smith for James C. Tormey requesting Permission to participate in pre-motion conference submitted to Judge Daniel J. Stewart . (Smith, Robert) |
| Filing 120 Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting Pre-Motion Conference submitted to Judge Daniel J. Stewart . (Frumkin, William) |
| Filing 119 NOTICE of Appearance by Jordan Kaplan on behalf of Nancy Rodriguez Walker (Kaplan, Jordan) |
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Filing 118
TEXT ORDER granting #116 Motion for Limited Admission Pro Hac Vice. Attorney Jordan M. Kaplan is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 6/13/2018. (mab)
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| Filing 117 Supplemental Admission documents re: #116 Motion for Limited Admission Pro Hac Vice,. (Frumkin, William) |
| Notice of Filing Deficiency re: #116 Motion for Limited Admission Pro Hac Vice of Jordan M. Kalan. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following corrected documents: Attorney Registration Form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 116 MOTION for Limited Admission Pro Hac Vice of Jordan M. Kaplan Filing fee $100, receipt number ANYNDC-4415724. filed by Nancy Rodriguez Walker. (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Exhibit(s) Declaration of Sponsor, #3 Exhibit(s) New Attorney E-Filing Reg. Form, #4 Exhibit(s) Petition for Admission to Practice) Motions referred to Daniel J. Stewart. (Frumkin, William) |
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Filing 115
STIPULATION and ORDER OF CONFIDENTIALITY. Signed by Magistrate Judge Daniel J. Stewart on 4/4/2018. (mab)
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Filing 114
STIPULATION and Order of Confidentiality to be So Ordered by Nancy Rodriguez Walker submitted to Judge Lawrence E. Khan. (Frumkin, William)
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Filing 113
TEXT ORDER: On March 16, 2018, the Court held a Status Telephone Conference in this matter. After hearing from counsel as to the status of discovery, Plaintiff raised issues with regard to the scheduling of two non-party depositions. The Court directed counsel to work together to resolve these issues and advise the Court by March 30, 2018. If counsel cannot resolve these issues, the Court directs that they file letter briefs not to exceed two pages setting forth their positions by March 30, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/19/2018. (mab)
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| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Status Telephone Conference held on 3/16/2018. Appearances: Elizabeth Hunger, Esq. and William Frumkin, Esq. for Plaintiff; Carol Rhinehart, Esq. for Defendants. The Court held a conference to address the status of discovery in this matter. Counsel advise that documents are being exchanged and some depositions have been scheduled. Plaintiff raises issues regarding 2 non-party depositions. Court directs counsel to work together to resolve those issues and advise the Court by 3/30/2018. If counsel cannot resolve their issues then they are to advise the Court in 2 page letter brief setting forth their positions by 3/30/2018. Counsel are advised that the deadlines set in this matter are firm. (TIME: 11:32AM-11:52AM). (Court Reporter: Lisa Tennyson) (mab) |
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Filing 112
TEXT ORDER: In light of the appearance of the newly added Defendant in this matter, the Court held a Scheduling Conference on February 23, 2018. After hearing from both counsel as to the status of discovery, the Court set the following deadlines: 1) Discovery to be completed by June 29, 2018; 2) Dispositive motions to be filed by July 31, 2018; and 3) A Telephone Status Conference is scheduled for March 16, 2018 at 11:30 AM before the undersigned. During this conference the Court will address any outstanding discovery issues. Counsel are encouraged to work together to schedule depositions and provide discovery and are directed to immediately advise the Court if the conference is no longer necessary. The Court will issue a separate notice with instructions to connect to the conference call as the date approaches. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/23/2018. (mab)
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| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Scheduling Conference held on 2/23/2018. Appearances: William Frumkin, Esq. for Plaintiff; Carol Rhinehart, Esq. for Defendants. The Court held a conference to address the status of discovery in light of the appearance of the newly added Defendant by the filing of an Amended Complaint. After hearing from both counsel, the Court sets a revised scheduling order. A telephone conference will be held on 3/16/18 at 11:30 AM to finalize the deposition schedule and to address any outstanding issues. Counsel are encouraged to work together to resolve any issues and immediately advise the Court if the conference is no longer necessary. Counsel are to also advise the Court if settlement becomes a possibility and a settlement conference will be scheduled. (TIME: 10:03AM-10:15AM). (Court Reporter: Lisa Tennyson) (mab) |
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Filing 111
TEXT ORDER. Parties are directed to participate in a Scheduling Conference set for February 23, 2018 at 10:00 AM in Albany before the undersigned. Counsel are to DIAL IN at 888-363-4735 and use Access Code 5086356 and use Security Code 1234 to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on February 6, 2018. (dpk)
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| Filing 110 ANSWER to #107 Amended Complaint by Melinda McGunnigle. (Attachments: #1 Certificate of Service)(Rhinehart, Carol) |
| Filing 109 WAIVER OF SERVICE Returned Executed by Nancy Rodriguez Walker. Melinda McGunnigle waiver sent on 12/8/2017, answer due 2/6/2018. (Frumkin, William) Modified on 1/4/2018 to remove docket text regarding waiver of service for defendant William J. Fitzpatrick as this waiver of service pertains to Defendant Melinda McGunnigle. (mc) |
| TEXT NOTICE: According to the records of this Court, Attorneys Jenna Beirlein and William Frumkin are active attorneys engaged in this pending case and have failed to pay their 2017 Biennial Fee. Failure to pay the fee by January 2, 2018 will result in removal from the bar of the Northern District of New York. Instructions on paying the 2017 Biennial Fee can be found on the Courts web page at: http://www.nynd.uscourts.gov/biennial-registration. (drm) |
| Filing 108 ANSWER to #107 Amended Complaint by William J. Fitzpatrick. (Attachments: #1 Certificate of Service)(Rhinehart, Carol) |
| Filing 107 CORRECTED AMENDED COMPLAINT: (Unredacted Copy) against William J. Fitzpatrick, Melinda McGunnigle filed by Nancy Rodriguez Walker.(Frumkin, William) Modified on 12/11/2017 to clarify docket text.(mc) |
| Filing 106 Summons Issued as to Melinda McGunnigle. (mc) |
| ***Answer to the Amended Complaint for William J. Fitzpatrick answer due 12/15/2017. (mc) |
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Filing 105
TEXT ORDER: Plaintiff has moved to file a redacted version of her amended complaint, and to submit an non-redacted version under seal. Dkt. No. 103 ("Letter Motion"). "The common law right of public access to judicial documents is firmly rooted in our nation's history." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). "In addition to the common law right of access, it is well established that the public and the press have a 'qualified First Amendment right to attend judicial proceedings and to access certain judicial documents.' Id. at 120 (quoting Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004)). "The public's right of access is not absolute. Consequently, court documents may be sealed: but only if 'specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest. CSL Silicones, Inc. v. Midsun Grp. Inc., No. 14-CV-1897, 2017 WL 4750701, at *1 (D. Conn. July 12, 2017) (quoting Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 13-14 (1986)). Plaintiff justifies her proposed redactions because the amended complaint "relies upon and directly quotes from documents that are confidential." Letter Mot. Plaintiff's generalized statement regarding confidentiality does not justify her request. Courts in this Circuit have held that the mere fact that a document has been designated confidential is not a "clear and compelling reason[] for filing information under seal." CSL Silicones, 2017 WL 4750701, at *6. Therefore, Plaintiff's Letter Motion (Dkt. No. 103) is DENIED with leave to renew. Plaintiff is instructed to either submit a non-redacted amended complaint or to provide clear and compelling reasons to justify redaction no later than Friday, December 8, 2017. Signed by Senior Judge Lawrence E. Kahn on December 05, 2017. (sas)
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| Filing 104 AMENDED COMPLAINT redacted against William J. Fitzpatrick filed by Nancy Rodriguez Walker.(Frumkin, William) |
| Filing 103 MOTION for Leave to File , MOTION Permission to file Redacted Amended Complaint , MOTION to Quash filed by Nancy Rodriguez Walker. Motions referred to Daniel J. Stewart. (Frumkin, William) |
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Filing 102
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that Fitzpatricks Motion (Dkt. No. 66) is DENIED, and it is further ORDERED, that Walkers Cross Motion (Dkt. No. 91) is GRANTED, and it is further ORDERED, that Walkers Sanctions Motion (Dkt. No. 80) is DENIED, and it is further ORDERED, that, pursuant to Local Rule 7.1(a)(4), Walker shall file his Amended Complaint within fourteen days of this Memorandum-Decision and Order, and it is further ORDERED, that Defendants shall file a response to any amended complaint as provided for in the Federal Rules of Civil Procedure; and it is further ORDERED, that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on 11/17/2017. (ban)
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Filing 101
TEXT ORDER: On July 24, 2017, Plaintiff submitted a letter, Dkt. No. 98, requesting permission to submit a reply memorandum of law in support of her cross-motion for leave to amend her complaint, Dkt. No. 91, and to adjourn the motion return date of her cross-motion. On July 25, the Court denied the motion because Plaintiff did not "specify what issues Defendant has raised that 'require a response'" and offered "only vague, conclusory reasons to support her request." Dkt. No. 99 ("July Order"). Ten days later, on August 4, Plaintiff submitted a letter motion requesting reconsideration of the Court's July Order. Dkt No. 100 ("Letter Motion"). The Letter Motion purports to "specify the issues that require response," but the Court remains unconvinced that Defendants' submission in opposition to Plaintiff's motion to amend raises new issues sufficient to justify a reply. Indeed, in her Letter Motion, Plaintiff relies on her prior filings to refute Defendants' arguments, e.g., Letter Mot. at 1 (citing Dkt. Nos. 80, 55, 56), suggesting that any reply would likely consist of a repackaging of Plaintiff's earlier arguments. Additionally, Plaintiff fails to explain why she did not raise these justifications in her July 24 motion, and the Court will not afford her a second chance absent extraordinary circumstances. Finally, while touting her "diligen[ce] in pursuing this case and seeking discovery," Plaintiff criticizes Defendants for "delay[ing] the progress of this case." Letter Mot. at 1. The Court does not believe further delay and briefing on the pending motions is necessary and Plaintiff has failed to present a compelling reason to depart from the July Order. Accordingly, Plaintiff's Letter Motion, Dkt. No. 100, is DENIED. Signed by Senior Judge Lawrence E. Kahn on August 07, 2017. (sas)
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| Filing 100 Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting Reconsideration submitted to Judge Lawrence E. Kahn . (Frumkin, William) |
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Filing 99
TEXT ORDER: On July 24, 2017, Plaintiff submitted a letter, Dkt. No. 98 ("Letter Motion"), requesting permission to submit a reply memorandum of law in support of her cross-motion for leave to amend her complaint, Dkt. No. 91, and to adjourn the motion return date of her cross-motion. Under the Local Rules, parties may not submit reply papers for non-dispositive motions without the Court's permission. L.R. 7.1(b)(2). "[T]he Second Circuit has repeatedly chosen to characterize motions to amend a pleading as non-dispositive in nature." Utica Mut. Ins. Co. v. Century Indem. Co., No. 13-CV-995, 2015 WL 3429116, at *2 (N.D.N.Y. May 11, 2015) (citing Fielding v. Tollaksen, 510 F.3d 175, 178 (2d Cir. 2007)). Plaintiff claims she is entitled to a reply here because her "cross-motion for leave to amend is a cross-motion to a dispositive motion" and "inextricably intertwined with" Defendant's dispositive motion, and "Defendant has raised issues in his opposition papers that require a response." Letter Mot. at 1. Notably, Plaintiff does not specify what issues Defendant has raised that "require a response." Nor does she actually claim the cross-motion is dispositive. Cf. Bradley v. City of New York, No. 14-CV-4289, 2016 WL 1491017, at *1 n.1 (E.D.N.Y. Mar. 16, 2016) ("In an excess of caution, I have treated plaintiff's motion to amend as dispositive."), report and recommendation adopted, No. 14-CV-4289, 2016 WL 1541439 (E.D.N.Y. Apr. 14, 2016). Because she offers only vague, conclusory reasons to support her request, the Letter Motion is DENIED. Signed by Senior Judge Lawrence E. Kahn on July 25, 2017. (sas)
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| Filing 98 Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting Permission to File a Reply/Adjourn Return Date submitted to Judge Lawrence E. Kahn . (Frumkin, William) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Upon request of the County Attorney's Office, the Memorandum of Law attached to the #97 Response in Opposition to Motion was replaced, the document cover page contained an error and has now been corrected. (jmb) |
| Filing 97 RESPONSE in Opposition re #91 MOTION to Amend/Correct #1 Complaint filed by William J. Fitzpatrick. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Rhinehart, Carol) (Attachment 1 replaced on 7/24/2017) (jmb, ). |
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Filing 96
LETTER REQUEST & ORDER granting Atty. C. Rhinehart's #95 Request for an extension of the response to motion deadline re: #91 MOTION to Amend/Correct #1 Complaint. Response to Motion due by 7/21/2017. Signed by Senior Judge Lawrence E. Kahn on July 17, 2017. (sas)
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| Filing 95 Letter Motion from Carol L. Rhinehart, Esq. for William J. Fitzpatrick requesting a brief extension to respond to Plaintiff's motion to amend submitted to Judge Kahn . (Rhinehart, Carol) |
| Filing 94 REPLY to Response to Motion re #66 MOTION to Dismiss for Failure to State a Claim filed by William J. Fitzpatrick. (Attachments: #1 Certificate of Service)(Bleskoski, Karen) |
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Filing 93
LETTER REQUEST and ORDER granting Attorney E. Hunter's #88 Letter Request to file plaintiff's opposition under seal. Signed by Senior Judge Lawrence E. Kahn on June 28, 2017. (sas)
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| Filing 92 AFFIDAVIT in Support re #91 MOTION to Amend/Correct #1 Complaint DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO AMEND filed by Nancy Rodriguez Walker. (Attachments: #1 Exhibit(s) A TO DECLARATION, #2 Exhibit(s) B TO DECLARATION)(Frumkin, William) (Attachment 2 replaced on 6/28/2017) (sas, ). (Attachment 1 replaced on 6/28/2017) (sas, ). |
| Filing 91 MOTION to Amend/Correct #1 Complaint Motion Hearing set for 8/4/2017 09:00 AM in Syracuse before Senior Judge Lawrence E. Kahn Response to Motion due by 7/18/2017 filed by Nancy Rodriguez Walker. Motions referred to Daniel J. Stewart. (Frumkin, William) (Main Document 91 replaced on 6/28/2017) (sas, ). |
| Filing 90 NOTICE by Nancy Rodriguez Walker of CROSS MOTION FOR LEAVE TO AMEND (Frumkin, William) |
| Filing 89 RESPONSE in Opposition re #66 MOTION to Dismiss for Failure to State a Claim filed by Nancy Rodriguez Walker. (Frumkin, William) (Main Document 89 replaced on 6/28/2017) (sas, ). |
| Filing 88 Letter Motion from Elizabeth E. Hunter for Nancy Rodriguez Walker requesting Leave to file Documents Under Seal submitted to Judge Lawrence E. Khan . (Frumkin, William) |
| Filing 87 REPLY to Response to Motion re #80 MOTION for Sanctions filed by Nancy Rodriguez Walker. (Attachments: #1 Declaration Elizabeth E. Hunter Declaration to Reply Memo of Law)(Frumkin, William) |
| Filing 86 AFFIDAVIT in Opposition re #80 MOTION for Sanctions filed by William J. Fitzpatrick. (Attachments: #1 Affidavit of Karen A. Bleskoski, Esq., #2 Affidavit of Kathleen M. Dougherty, Esq., #3 Memorandum of Law, #4 Certificate of Service)(Rhinehart, Carol) |
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Filing 85
TEXT ORDER: On May 23, 2017, Plaintiff filed a Letter Request seeking a pre-motion conference to address her intent to file a cross-motion to amend the Complaint with her response to Defendant's #66 Motion for Judgment on the Pleadings and for an additional thirty (30) days to file such cross-motion and response in this matter. Dkt. No. #82 . The request for a pre-motion conference is DENIED. A pre-motion is not required and Plaintiff may file her cross-motion with her opposition to the dispositive motion pending before the District Judge. Plaintiff's request for an additional thirty (30) days to respond to the pending dispositive motion is GRANTED and the briefing schedule is amended as follows: 1) Plaintiff's response to Defendant's motion is due on or before June 27, 2017; 2) Defendant's reply to Plaintiff's response is due on or before July 14, 2017; and 3) The motion is returnable on July 21, 2017 before Senior District Judge Lawrence E. Kahn. This motion will be considered on the submission of papers only. No personal appearances are required. No oral argument will be heard. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/26/2017. (mab)
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Filing 84
LETTER REQUEST & ORDER granting Attorney C. Rhinehart's #83 Letter Request for an extension of time to file re #80 MOTION for Sanctions. Response to Motion due by 6/7/2017. Reply to Response to Motion due by 6/15/2017. This motion will be considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on May 26, 2017. (sas)
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| Filing 83 Letter Motion from Carol L. Rhinehart, Esq. for William J. Fitzpatrick requesting an extension of time to respond to motion for sanctions submitted to Judge Kahn . (Rhinehart, Carol) |
| Filing 82 Letter Motion from Elizabeth Hunter for Nancy Rodriguez Walker requesting pre-motion conference re. leave to amend complaint and extension of time to file opposition to motion submitted to Judge Daniel J. Stewart . (Frumkin, William) |
| Filing 81 NOTICE from the Chambers Of Lawrence E. Kahn: Please be advised that the JURY TRIAL scheduled for October 03, 2017, in the above case, has been adjourned (along with any trial ready / pretrial submission deadlines) without a date due to the pending motion to Dismiss. A new trial deadline will be scheduled, if necessary, pending a decision which addresses this dispositive motion. (sas) |
| Filing 80 MOTION for Sanctions Motion Hearing set for 6/16/2017 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 5/30/2017 Reply to Response to Motion due by 6/5/2017. filed by Nancy Rodriguez Walker. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Declaration, #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s), #23 Exhibit(s), #24 Exhibit(s), #25 Exhibit(s), #26 Affidavit) (Hunter, Elizabeth) |
| Filing 79 TRANSCRIPT of Proceedings: Telephone Conference held on April 10, 2017 before Judge Daniel J. Stewart, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2017. Redacted Transcript Deadline set for 5/30/2017. Release of Transcript Restriction set for 7/25/2017. Notice of Intent to Redact due by 5/1/2017 (tjc, ) |
| Filing 78 TRANSCRIPT of Proceedings: Telephone Conference held on January 25, 2017 before Judge Daniel J. Stewart, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2017. Redacted Transcript Deadline set for 5/30/2017. Release of Transcript Restriction set for 7/25/2017. Notice of Intent to Redact due by 5/1/2017 (tjc, ) |
| Filing 77 TRANSCRIPT REQUEST by Nancy Rodriguez Walker for proceedings held on April 10, 2017 before Judge Daniel J. Stewart.. (Frumkin, William) |
| TEXT NOTICE as to Defendant's #66 MOTION to Dismiss for Failure to State a Claim. Plaintiff's response to motion due by 5/28/2017. Defendant's reply to response to motion due by 6/7/2017. The motion is returnable on 6/16/2017 before Senior Judge Lawrence E. Kahn and is on SUBMIT ONLY. No oral argument will be heard. (mab) |
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Pre-Motion Telephone Conference held on 4/10/2017. Appearances: William Frumkin, Esq. and Jenna Bierline, Esq. for Plaintiff; Carole Rhinehart, Esq. for Defendant. The Court held a telephone conference to address Defendant's motion for a stay of discovery in light of the filing of a 12(c) motion in this matter. After hearing from counsel on the record, the Court grants Defendant's motion and discovery is STAYED pending a decision on the dispositive motion. If this matters survives the dispositive motion then a new discovery schedule will be set. Plaintiff advises the Court of her intent to file a motion for sanctions. The Court permits Plaintiff to file a motion for sanctions. After conferring with Judge Kahn's Chambers, the Court grants Plaintiff's request for an extension of time until 5/28/2017 to respond to Defendant's motion. (TIME: 10:32AM-10:42AM). (Court Reporter: Theresa Casal) (mab) |
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Filing 76
TEXT ORDER granting #72 Letter Request. As part of the recently held telephone conference regarding Defendant Fitzpatrick's Motion to Stay Discovery, Plaintiff's counsel has requested additional time to respond to the Defendant's Rule 12(c) Motion. Defendant's counsel has not opposed that request. Accordingly, Plaintiff's letter request is granted and Plaintiff's time to respond to the Motion is hereby extended until May 28, 2017. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 4/10/2017. (Stewart, Daniel)
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Filing 75
TEXT ORDER granting [67, 68 & 69] Motion to Stay. On April 10, 2017 a telephone conference was held with all counsel regarding the Defendant's Motion to Stay discovery (Dkt. Nos. 67, 68, & 69) pending the outcome of his recently filed Rule 12(c) Motion. In the exercise of the Court's discretion, and for the reasons set forth during the telephone conference, the Court grants the Defendant's Motion for a Stay. In the event that the Rule 12(c) Motion is denied by Judge Kahn, a new discovery schedule will be set. SO ORDERED.Signed by Magistrate Judge Daniel J. Stewart on 4/10/2017.(Stewart, Daniel)
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Filing 74
TEXT ORDER: On April 5, 2017, Counsel for Defendant, Hon. James C. Tormey, filed a Letter seeking clarification as to whether or not they should participate in the Telephone Conference scheduled for April 10, 2017 before the undersigned in this matter. Dkt. No. #73 . At this time, counsel for Hon. Tormey are not required to appear for the scheduled conference. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/7/2017. (mab)
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| Filing 73 Letter Motion from Robert J. Smith for James C. Tormey requesting a response submitted to Judge Hon. Daniel J. Stewart . (Smith, Robert) |
| Filing 72 Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting Denial of Stay and Temp. Protective Order/Extension of Time submitted to Judge Magistrate Daniel J. Stewart . (Frumkin, William) |
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Filing 71
TEXT ORDER: A Pre-Motion Telephone Conference in this matter is scheduled for April 10, 2017 at 10:30 AM before the undersigned to address Plaintiff's #67 Motion for a Stay of Discovery and Plaintiff's #68 Letter Motion seeking a Temporary Protective Order staying all depositions and discovery in this matter. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Plaintiff's request to respond to Defendant's submission is GRANTED and such response shall be filed by April 5, 2017. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/3/2017. (mab)
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| Filing 70 Letter Motion from William Frumkin for Nancy Rodriguez Walker requesting Pre-Motion Conference/additional time to respond submitted to Judge Lawrence E. Kahn . (Frumkin, William) |
| Filing 69 Letter Motion from Karen A. Bleskoski, Esq. for William J. Fitzpatrick requesting that the motion for protective order remain on the Court's docket submitted to Judge Lawrence E. Kahn . (Bleskoski, Karen) |
| Filing 68 Letter Motion from Karen A. Bleskoski, Esq. for William J. Fitzpatrick requesting a temporary Protective Order staying depositions and discovery pending Court's decision on motion for protective order submitted to Judge Lawrence E. Kahn . (Attachments: #1 Certificate of Service)(Bleskoski, Karen) |
| Filing 67 MOTION to Stay re #66 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/5/2017 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 4/18/2017 filed by William J. Fitzpatrick. (Attachments: #1 Affidavit of Karen A. Bleskoski, Esq., #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Memorandum of Law, #13 Certificate of Service) Motions referred to Daniel J. Stewart. (Bleskoski, Karen) |
| Filing 66 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/5/2017 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 4/18/2017 Reply to Response to Motion due by 4/24/2017. filed by William J. Fitzpatrick. (Attachments: #1 Memorandum of Law, #2 Certificate of Service) (Bleskoski, Karen) |
| Filing 65 NOTICE of Appearance by Karen Ann Bleskoski on behalf of William J. Fitzpatrick (Attachments: #1 Certificate of Service)(Bleskoski, Karen) |
| EXPEDITED TRANSCRIPT REQUEST by Nancy Rodriguez Walker for proceedings held on January 25, 2017 before Judge Daniel J. Stewart.. (tjc, ) |
| Filing 64 STATUS REPORT by William J. Fitzpatrick. (Rhinehart, Carol) |
| Filing 63 Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 1/25/2017. Appearances: Elizabeth Hunter, Esq. and Jenna Beirlen, Esq. for Plaintiff; Carol Rhinehart, Esq. for Defendant; Elizabeth Hoffman, Esq. for Non-Party Judge Tormey. The Court held a conference to address outstanding discovery issues in this matter. After hearing from counsel on the record, the Court made rulings as those outstanding issues. Based upon the discussions held, the Court amends the Scheduling Order. Discovery due by 4/28/2017. Motions to be filed by 6/23/2017. Trial Ready deadline is 9/8/2017. A Jury Trial is set for 10/3/2017 at 9:30 AM in Albany, NY before Senior Judge Lawrence E. Kahn. Status Reports to be filed by 2/8/2017. (TIME: 10:36AM-10:59AM). (Court Reporter: Theresa Casal) (mab) |
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Filing 62
TEXT ORDER: A Telephone Conference was held with counsel for the parties and counsel for nonparty Judge James Tormey to discuss outstanding discovery issues. Plaintiff's counsel and Defendant Fitzpatrick's counsel have worked towards a resolution of their discovery issues. The Court directs that Defendant Fitzpatrick's counsel provide supplemental responses and documentation as discussed in the conference on or before February 8, 2017. Defendant Fitzpatrick's counsel shall also provide to the Court a written status report regarding production of electronic discovery on or before February 8, 2017. In that regard, the parties are urged to narrow their demands to include only that which is proportionally relevant to the needs of the case. With regard to the deposition subpoena issued on Judge Tormey, his counsel is directed to provide a response to the documents requested on or before February 8, 2017. Counsel should also supply a privilege log in the event that she maintains the documents sought are exempt from disclosure. The Court amends the discovery schedule as follows: the discovery deadline is now set for April 28, 2017; the motion filing deadline is set for June 23, 2017; the matter is marked trial ready on September 8, 2017; and is presently scheduled for a jury trial on October 3, 2017 at 9:30 AM in Albany New York before Senior District Judge Lawrence E. Kahn. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 01/25/2017. (Stewart, Daniel)
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Filing 61
TEXT ORDER: A Status Telephone Conference in this matter is scheduled for January 25, 2017 at 10:30 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/20/2017. (mab)
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| Filing 60 STATUS REPORT by Nancy Rodriguez Walker. (Frumkin, William) |
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Filing 59
TEXT ORDER: On December 30, 2016, Kathleen Dougherty, Esq., filed a Letter Request seeking to be removed as counsel for Defendant William J. Fitzpatrick in this matter based upon the fact that she is no longer employed by the County of Onondaga. Dkt. No. #58 . The request is GRANTED and the Clerk of the Court is directed to terminate Ms. Dougherty as counsel from the case docket. Deputy County Attorney Carol Rhinehart will remain as counsel of record for Defendant Fitzpatrick. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/3/2017. (mab)
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| Filing 58 Letter Motion from Kathleen M. Dougherty, Esq. for William J. Fitzpatrick requesting removal from the Court docket as attorney submitted to Judge Stewart . (Dougherty, Kathleen) |
| Filing 57 NOTICE of Appearance by Carol L. Rhinehart on behalf of William J. Fitzpatrick (Rhinehart, Carol) |
| Set Deadlines: Status Report due by 1/6/2017. (mab) |
| Filing 56 STATUS REPORT by William J. Fitzpatrick. (Dougherty, Kathleen) |
| Filing 55 STATUS REPORT by Nancy Rodriguez Walker. (Frumkin, William) |
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Filing 54
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on June 16, 2016. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/20/2016. (mab)
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Filing 53
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 Days. Joinder of Parties due by 8/16/2016. Amended Pleadings due by 8/16/2016. This case has been exempt from the Court's Mandatory Mediation Program. Discovery due by 2/28/2017. Motions to be filed by 4/24/2017. Trial Ready Deadline is 6/23/2017. A Jury Trial is set for 8/21/2017 at 9:30 AM in Albany, NY before Senior Judge Lawrence E. Kahn. Status Reports due by 8/31/2016 and 1/6/2017. Signed by Magistrate Judge Daniel J. Stewart on 6/20/2016. (mab)
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| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 6/16/2016. Appearances: William Frumkin, Esq. for Plaintiff; Kathleen Dougherty, Esq. for Defendant. The Court hears from counsel as to how they intend to proceed with this matter. Mandatory Disclosures have been exchanged. The Court discusses the Mandatory Mediation Program. Defendant's counsel states that at this time there is no authority to settle. Based upon further discussions with counsel, the Court exempts this case from the Mandatory Mediation Program. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (TIME: 10:05AM-10:33AM). (mab) |
| Filing 52 CIVIL CASE MANAGEMENT PLAN by Nancy Rodriguez Walker. (Frumkin, William) |
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Filing 51
TEXT ORDER: On May 10, 2016, Plaintiff filed a Letter Request, with the consent of Defendant, seeking to reschedule the Rule 16 Initial Conference currently set for May 19, 2016 in this matter. Dkt. No. #50 . Based upon the reasons set forth in Plaintiff's submission, the request is GRANTED and the Rule 16 Initial Conference is RESCHEDULED to June 16, 2016 at 10:00 AM before the undersigned. Counsel for the remaining parties are to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. The parties are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before June 9, 2016. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/11/2016. (mab)
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| Filing 50 Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting Adjourment of Conference submitted to Judge Daniel J. Stewart . (Frumkin, William) |
| Filing 49 Letter from Robert J. Smith for James C. Tormey submitted to Judge Daniel J. Stewart . (Smith, Robert) Modified on 5/9/2016 (mab). |
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Filing 48
TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for May 19, 2016 at 10:30 AM before the undersigned. The parties are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. The parties are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before May 12, 2016. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/28/2016. (mab)
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| Filing 47 ANSWER to #1 Complaint by William J. Fitzpatrick. (Attachments: #1 Certificate of Service)(Dougherty, Kathleen) |
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Filing 46
MEMORANDUM-DECISION and ORDERED, that Defendant Michael A. Kleins Motion (Dkt. No. 29) to dismiss is GRANTED; and it is further ORDERED, that Defendant William J. Fitzpatricks Motion (Dkt. No. 30) to dismiss is GRANTED in part and DENIED in part; and it is further ORDERED, that Defendant James C. Tormeys Motion (Dkt. No. 33) to dismiss is GRANTED. Signed by Senior Judge Lawrence E. Kahn on March 31, 2016. (sas)
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Filing 45
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Daniel J. Stewart for all further proceedings. Magistrate Judge Randolph F. Treece no longer assigned to case. The case remains assigned to the presiding U.S. District Judge. Signed by Chief Judge Glenn T. Suddaby on 10/6/2015. (mab)
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Filing 44
TEXT ORDER: On August 17, 2015, Alexandra C. Manfredi, Esq. filed a Notice of Withdrawal of Appearance as counsel for Plaintiff and a request to be removed from service lists in this matter. Dkt. No. #43 . Ms. Manfredi states that the the reason for her removal is that she is no longer with the firm of Frumkin & Hunter LLP. The request is GRANTED and the Clerk of the Court shall terminate Ms. Manfredi as counsel for Plaintiff. William D. Frumkin, Esq. and Elizabeth E. Hunter, Esq. of Frumkin & Hunter LLP remain as counsel of record for the Plaintiff. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 8/18/2015. (mab)
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| Filing 43 MOTION to Withdraw as Attorney Alexandra Manfredi filed by Nancy Rodriguez Walker. Motions referred to Randolph F. Treece. (Manfredi, Alexandra) |
| Filing 42 CERTIFICATE OF SERVICE by James C. Tormey re #41 Reply to Response to Motion (Smith, Robert) |
| Filing 41 REPLY to Response to Motion re #33 MOTION to Dismiss for Failure to State a Claim filed by James C. Tormey. (Attachments: #1 Affidavit of The Hon. James C. Tormey)(Smith, Robert) |
| Filing 40 REPLY to Response to Motion re #29 MOTION to Dismiss for Failure to State a Claim filed by Michael A. Klein. (Attachments: #1 Declaration of service by CM/ECF system)(Farrell, Joshua) |
| Filing 39 REPLY to Response to Motion re #30 MOTION to Dismiss for Failure to State a Claim filed by William J. Fitzpatrick. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Dougherty, Kathleen) |
| Filing 38 RESPONSE in Opposition re #30 MOTION to Dismiss for Failure to State a Claim , #33 MOTION to Dismiss for Failure to State a Claim , #29 MOTION to Dismiss for Failure to State a Claim filed by Nancy Rodriguez Walker. (Attachments: #1 Memorandum of Law 2 of 2)(Frumkin, William) |
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Filing 37
LETTER REQUEST and ORDER granting Attorney W. Frumkin's #36 Request for an extension of the memorandum in opposition page limit. Request is GRANTED. Signed by Senior Judge Lawrence E. Kahn on July 06, 2015. (sas)
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| Filing 36 First Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting additional pages for Memo of Law in Opposition submitted to Judge Lawrence E. Kahn . (Frumkin, William) |
| Filing 35 NOTICE of Appearance by Elizabeth A. Hoffman on behalf of James C. Tormey (Hoffman, Elizabeth) |
| Filing 34 CERTIFICATE OF SERVICE by James C. Tormey re #33 MOTION to Dismiss for Failure to State a Claim (Smith, Robert) |
| Filing 33 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/7/2015 09:30 AM in Syracuse before Senior Judge Lawrence E. Kahn Response to Motion due by 7/21/2015 Reply to Response to Motion due by 7/27/2015. filed by James C. Tormey. (Attachments: #1 Affidavit, #2 Memorandum of Law) (Smith, Robert) |
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Filing 32
ORDER granting #31 Letter Request for an extension of the motion deadlines in re: #30 MOTION to Dismiss for Failure to State a Claim & #29 MOTION to Dismiss for Failure to State a Claim. Motion Hearing is reset for 8/7/2015 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Response to Motion due by 7/20/2015. Reply to Response to Motion due by 8/3/2015. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on May 28, 2015. (sas)
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| Filing 31 Letter Motion from William D. Frumkin for Nancy Rodriguez Walker requesting Extension of time to respond to Defendants' Pre-Answer Motions to Dismiss submitted to Judge Lawrence E. Kahn . (Frumkin, William) |
| Filing 30 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/19/2015 09:30 AM in Syracuse before Senior Judge Lawrence E. Kahn Response to Motion due by 6/2/2015 Reply to Response to Motion due by 6/8/2015. filed by William J. Fitzpatrick. (Attachments: #1 Affirmation, #2 Memorandum of Law, #3 Certificate of Service) (Dougherty, Kathleen) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/19/2015 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 6/2/2015 Reply to Response to Motion due by 6/8/2015. filed by Michael A. Klein. (Attachments: #1 Memorandum of Law, #2 Declaration of service by CM/ECF system) (Farrell, Joshua) |
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Filing 28
TEXT ORDER: On May 7, 2015, Counsel for Defendants Hon. James C. Tormey and Michael A. Klein filed a Letter-Motion seeking an extension of time to respond to Plaintiff's Complaint in this matter. Dkt. No. #27 . Counsel advises the Court that his office has determined a conflict which prohibits him from representing both Judge Tormey and Mr. Klein and the steps to secure outside counsel for Judge Tormey has begun. Counsel's request as to Judge Tormey is GRANTED and, in order for new counsel to be secured, his response to the Complaint shall be filed on or before June 19, 2015. While the Court appreciates the circumstances with regard to Judge Tormey, it is not inclined to further extend the time for Mr. Klein to file his response, therefore the request as to Mr. Klein is DENIED. Mr. Klein, as well as Defendant William Q. Fitzpatrick, shall file their responses on or before May 14, 2015, as previously directed by the Court in its Text Order. Dkt. No. 26 . SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 5/8/2015. (mab)
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| Filing 27 Letter Motion from Joshua L. Farrell for Michael A. Klein, James C. Tormey requesting an extension of time to serve a response to the complaint submitted to Judge Randolph F. Treece . (Attachments: #1 Declaration of service by CM/ECF system)(Farrell, Joshua) |
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Filing 26
TEXT ORDER: On April 27, 2015, Defendants Hon. James C. Tormey and Michael A. Klein filed a Letter Request seeking an extension of time to respond to Plaintiff's Complaint in this matter. Dkt. No. #25 . The request is GRANTED. The Court notes that a Notice of Attorney Appearance on behalf of Defendant William Q. Fitzpatrick was filed on March 31, 2015. Dkt. No. #24 . On March 13, 2015, Plaintiff filed Affidavits of Service that Defendant Fitzpatrick was served on March 3, 2015. Dkt. Nos. #12 and #13 . Defendant Fitzpatrick's response to the Complaint was due March 24, 2015. The Court grants an extension for all Defendants to answer or otherwise respond to the Complaint in this matter by May 14, 2015. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 4/29/2015. (mab)
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| Filing 25 Letter Motion from Joshua L. Farrell for Michael A. Klein, James C. Tormey requesting an extension of time to respond to the Complaint submitted to Judge Treece . (Attachments: #1 Declaration of service by CM/ECF system)(Farrell, Joshua) |
| Filing 24 NOTICE of Appearance by Kathleen M. Dougherty on behalf of William J. Fitzpatrick (Attachments: #1 Certificate of Service)(Dougherty, Kathleen) |
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Filing 23
TEXT ORDER: The Rule 16 Initial Conference and the deadline to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures in this matter are ADJOURNED without date at this time. Upon the filing of Defendants' Answer, the Court will issue new deadlines and reschedule the Rule 16 Initial Conferenec before the undersigned. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 3/31/2015. (mab)
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| Filing 22 Letter Motion from William D. Frumkin, Esq. for Nancy Rodriguez Walker requesting Confirmation submitted to Judge Kahn and Treece . (Frumkin, William) |
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Filing 21
TEXT ORDER re #20 Defendants James C. Tormey and Michael A. Klein's Letter Request seeking an extension of time to answer or otherwise respond to the Complaint in this matter. The request is GRANTED. Defendants James C. Tormey and Michael A. Klein shall file a response on or before 4/30/2015. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 3/24/2015. (mab)
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| Filing 20 Letter Motion from Joshua L. Farrell for Michael A. Klein, James C. Tormey requesting an extension of time for Mr. Klein and Judge Tormey to respond to the complaint submitted to Judge Randolph F. Treece . (Attachments: #1 Declaration of service by CM/ECF system, #2 Declaration of service by e-mail)(Farrell, Joshua) |
| ***Answer for William J. Fitzpatrick due 3/24/2015 and Answer for James C. Tormey due 3/25/2015. (mc) |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Michael Klein, as District Executive on March 3, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Michael Klein, individually on March 4, 2015, filed by Nancy Rodriguez Walker., CERTIFICATE OF SERVICE by Nancy Rodriguez Walker re #1 Complaint, #2 Summons Issued (Frumkin, William) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Michael Klein, individually on March 3, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 16 AFFIDAVIT of Service for Affidavit of Service served on Hon. James C. Tormey on March 4, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 15 AFFIDAVIT of Service for Affidavit of Service served on Hon. James C. Tormey on March 4, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 14 AFFIDAVIT of Service for Affidavit of Mailing served on William J. Fitzpatrick on March 4, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 13 AFFIDAVIT of Service for Affidavit of Service served on William J. Fitzpatrick on March 3, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
| Filing 12 AFFIDAVIT of Service for Affidavit of Service served on William J. Fitzpatrick, DA on March 3, 2015, filed by Nancy Rodriguez Walker. (Frumkin, William) |
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Filing 11
TEXT ORDER re the #10 Letter Request filed by Defendant Michael A. Klein seeking an extension of time to respond to Plaintiff's Complaint in this matter. The request is GRANTED and Defendant Michael A. Klein's time to respond to the Complaint is extended to 4/3/2015. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 3/12/2015. (mab)
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| Filing 10 Letter Motion from Joshua Farrell for Michael A. Klein requesting an extension of time to respond to the Plaintiff's complaint submitted to Judge Treece . (Attachments: #1 Declaration of service by CM/ECF system)(Farrell, Joshua) |
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Filing 9
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Randolph F. Treece for all further proceedings. Magistrate Judge Christian F. Hummel no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 1/22/2015. (mc)
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Filing 8
ORDER OF RECUSAL. United States Magistrate Judge Christian F. Hummel hereby RECUSES himself from this action. The Court hereby Orders that the Clerk shall randomly reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge Christian F. Hummel on 1/22/15. (cjm, )
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Filing 7
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge Therese Wiley Dancks no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 1/21/2015. (mc)
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Filing 6
ORDER OF RECUSAL. U.S. Magistrate Judge Therese Wiley Dancks hereby RECUSES herself from this action. The Court hereby Orders that the Clerk shall randomly reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge Therese Wiley Dancks on 1/21/2015. (sg )
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Filing 5
ORDER REASSIGNING CASE: Case reassigned to Senior Judge Lawrence E. Kahn for all further proceedings. Senior Judge Frederick J. Scullin, Jr. no longer assigned to this action. Magistrate Judge Therese Wiley Dancks remains assigned as the Magistrate Judge for this action. Signed by Chief Judge Gary L. Sharpe on 1/21/2015. (mc)
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Filing 4
ORDER OF RECUSAL: Senior Judge Frederick J. Scullin, Jr. hereby RECUSES himself from this action. The Court ORDERS that the Clerk of the Court shall randomly reassign this case to another United States District Judge. Signed by Senior Judge Frederick J. Scullin, Jr. on 1/21/2015. (nmk)
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| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Rule 16 Conference set for 4/16/2015 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/9/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mc) |
| Filing 2 Summons Issued as to James C. Tormey. (Attachments: #1 Summons Issued as to William J. Fitzpatrick, #2 Summons Issued as to Michael A. Klein)(mc) |
| Filing 1 COMPLAINT WITH JURY DEMAND: against James C. Tormey, William J. Fitzpatrick and Michael A. Klein (Filing fee $400 receipt number 0206-3166744) filed by Nancy Rodriguez Walker. (Attachments: #1 Civil Cover Sheet)(mc) |
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