Yoder, et al v. Town of Morristown, et al
Plaintiffs are adherents of the Swartzentruber Amish faith who reside within the Town of Morristown, New York. They allege that Defendants enforced Local Law #4 and the Building Code in a manner that discriminates against Plaintiff and makes it impossible for them to live out their faith in Morristown.
| Levi Yoder, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Harvey Miller and Mose Miller |
| Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin and Gary Turner |
| 7:2009cv00007 |
| January 6, 2009 |
| US District Court for the Northern District of New York |
| Civil Rights: Other Office |
| St. Lawrence |
| George H. Lowe |
| Thomas J. McAvoy |
| Plaintiff |
| Federal Question |
| 42:405 Fair Housing Act |
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Filing 118
STIPULATION & ORDER DISMISSING CASE: this action is hereby discontinued with prejudice, without costs including any attorney's fees to either party as against the other. Signed by Magistrate Judge Therese Wiley Dancks on 9/21/2012. (jmb)
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| Filing 117 STIPULATION of Dismissal by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook submitted to Judge Therese W. Dancks. (Hirschhorn, Russell) |
| Filing 116 NOTICE of Appearance by Timothy J. Higgins on behalf of Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren (Attachments: # 1 Appendix Certificate of Service)(Higgins, Timothy) |
| Filing 115 NOTICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook Notice of Withdrawal of Daniel P. Goldberger of Proskauer Rose as counsel of record for Plaintiffs (Goldberger, Daniel) |
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TEXT ORDER: The Court has reviewed Dkt. No. 114 and appreciates the work of all parties and especially mediator Hon. George Lowe in reaching a settlement agreement. In view of the settlement, the motion to amend/correct the answer (Dkt. No. 105) is denied without prejudice. Plaintiffs are to file a report on the status of settlement documents by September 27, 2012 unless a stipulation of discontinuance/final closing documents have been filed by that date. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/28/12. (rjb, )
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| Filing 114 STATUS REPORT by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| Filing 113 REPORT of Mediation (Lowe, George) |
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TEXT ORDER: The Court acknowledges the mediation status report (Dkt. No. 113) and assistance of the mediator. Counsel for Plaintiff is to file status report with the Court on or before August 31, 2012. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/2/12. (rjb, )
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| Filing 112 REPORT of Mediation (Lowe, George) |
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Filing 111
ORDER approving the 109 Stipulation to adjourn the response and reply deadlines for the pending Motion to Amend. Signed by Magistrate Judge Therese Wiley Dancks on 4/6/12. (rjb, )
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| Filing 110 NOTICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook Notice of Withdrawal of Appearance of Jason D. Gerstein (Hirschhorn, Russell) |
| Filing 109 STIPULATION and Order by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook submitted to Judge Therese W. Dancks. (Hirschhorn, Russell) |
| Filing 108 REPORT of Mediation (Lowe, George) |
| Filing 107 STIPULATION re 105 MOTION to Amend/Correct 13 Answer to Complaint to clarify and supplement an affirmative defense Stipulation an [Proposed] Order that the time for Plaintiffs to file their opposition to Defendants' Motion to Amend the Answer is extended through and including April 6, 2012. Defendants' reply, if any, is due April 20, 2012 by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook submitted to Judge Magistrate Judge Therese Wiley Dancks. (Hirschhorn, Russell) |
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TEXT ORDER: The Court has reviewed Dkt. No. 107. Plaintiffs' response due by 4/6/2012; any reply due by 4/20/2012. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/12/12. (rjb, )
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| Filing 106 REPORT of Mediation (Lowe, George) |
| TEXT NOTICE: The 105 Motion to Amend will be heard by Magistrate Judge Therese Wiley Dancks on submission of the papers only. Counsel will be notified if oral argument is necessary. (rjb, ) |
| Filing 105 MOTION to Amend/Correct 13 Answer to Complaint to clarify and supplement an affirmative defense Motion Hearing set for 4/3/2012 11:00 AM in Albany before Senior Judge Neal P. McCurn Response to Motion due by 3/19/2012 filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Declaration Laws Declaration, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Memorandum of Law, # 7 Appendix unreported case, # 8 Appendix unreported case, # 9 Appendix unreported case, # 10 Appendix unreported case, # 11 Appendix unreported case, # 12 Appendix unreported case, # 13 Appendix unreported case, # 14 Appendix unreported case, # 15 Affidavit certificate of service) Motions referred to Therese Wiley Dancks. (Laws, April) |
| Filing 104 RESPONSE TO LETTER BRIEF filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook as to 103 LETTER BRIEF filed by Lanetta Kay Davis, Howard Warren, Gary Turner, David Stout, III, Mark Blanchard, Town of Morristown, Christopher Coffin, Frank L. Putman . (Gerstein, Jason) |
| Filing 103 LETTER BRIEF by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Affidavit Certificate of service)(Higgins, Timothy) |
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Filing 102
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Magistrate Judge George H. Lowe no longer assigned to case. Case remains assigned to District Judge Neal P. McCurn. Signed by Chief Judge Gary L. Sharpe on 2/10/2012. (jmb)
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TEXT ORDER: The Court has reviewed Dkt. No. 101. Defendants are to pay half of the cancellation fee. SO ORDERED by Magistrate Judge George H. Lowe on 2/6/12. (rjb, )
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| Filing 101 STATUS REPORT Letter dated 2/3/2012 from Russell L. Hirschhorn to Judge Lowe by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| Filing 100 STATUS REPORT by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
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TEXT ORDER: The Court has reviewed Dkt. Nos.94 and 96-98. Defendants' counsel is to provide the Court and Plaintiffs' counsel with whatever additional information is provided by Dr. Srivastava following the appointment during the week of February 6, 2012. SO ORDERED by Magistrate Judge George H. Lowe on 1/30/12. (rjb, )
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TEXT ORDER: The Court has reviewed Dkt. Nos. 81, 82, 83, 86 and 87, and also has reviewed, in camera, the documents that have been withheld by Plaintiffs and that are referred to in their privilege log. The Court finds that the privilege has been properly asserted and that none of the withheld documents needs to be produced. Although not a factor in this decision, the Court notes that, based upon its familiarity with this case, the withheld documents contain no "smoking guns". SO ORDERED by Magistrate Judge George H. Lowe on 1/30/12. (rjb, )
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| Filing 99 STATUS REPORT in response to the Court's inquiry of last Friday, January 20 by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| Filing 98 LETTER BRIEF Response by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Affidavit certificate of service)(Higgins, Timothy) |
| Filing 97 RESPONSE TO LETTER BRIEF filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Frank L. Putman, David Stout, III, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook as to 94 LETTER BRIEF filed by Lanetta Kay Davis, Howard Warren, Gary Turner, David Stout, III, Mark Blanchard, Town of Morristown, Christopher Coffin, Frank L. Putman Letter to the Court which sought essentially to delay any resolution concerning Kay Davis and her availability for deposition. (Gerstein, Jason) |
| Filing 96 RESPONSE TO LETTER BRIEF filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook as to 94 LETTER BRIEF filed by Lanetta Kay Davis, Howard Warren, Gary Turner, David Stout, III, Mark Blanchard, Town of Morristown, Christopher Coffin, Frank L. Putman Letter to Judge Lowe from Jason Gerstein requesting that Kay Davis proceed with her deposition as soon as possible. (Gerstein, Jason) |
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Filing 95
ORDER granting 93 Motion for Limited Admission Pro Hac Vice as to Attorney Benjamin Rattner. Signed by Magistrate Judge George H. Lowe on 1/24/12. (rjb, )
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| Filing 94 LETTER BRIEF by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Affidavit Certificate of Service)(Higgins, Timothy) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Telephone Conference held on 1/20/2012. Appearances: Russell Hirschhorn, Esq., Daniel Goldberger, Esq., Jason Gerstein, Esq. and Lori Windham, Esq. for Plaintiffs; Timothy Higgins, Esq. for Defendants. Counsel report on the status of depositions. Depositions will resume on 1/30/12. Mr. Higgins renews his request to be allowed to video or audio tape the remainder of Plaintiffs' depositions. Judge Lowe hears from both sides on this. Mr. Hirschhorn objects but will confer with Plaintiffs to see whether they have any religious objections to having the depositions audio recorded. Judge Lowe denies the request to video tape the depositions. If Plaintiffs do not have any religious objections to audio recording, Judge Lowe will permit Mr. Higgins proceed in this fashion. Mr. Higgins will report on the status of the Davis deposition by 1/25/12 and thinks that further settlement discussions should be held. (FTR Recorded) (rjb, ) |
| Filing 93 MOTION for Limited Admission Pro Hac Vice of Benjamin M. Rattner Filing fee $100, receipt number 0206-2074647. filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Attachments: # 1 Exhibit(s) Petition for Admission to Practice, # 2 Affidavit of Sponsor, # 3 Exhibit(s) Certificate of Good Standing, # 4 Exhibit(s) New Attorney E-Filing Registration Form, # 5 Proposed Order/Judgment Proposed Order for Limited Admission of Benjamin M. Rattner, # 6 Exhibit(s) Certificate of Service of Motion for Limited Admission of Benjamin M. Rattner and Supporting Documents upon Lemire Johnson LLC via ECF on 1-19-12) Motions referred to George H. Lowe. (Mervis, Michael) |
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TEXT ORDER: The Court has reviewed Dkt. Nos. 91 and 92. The deposition schedule set forth in Dkt. No. 90 is to proceed. The depositions will be taken without the use of an interpreter (unless Defendants decide to provide one at their cost) and will not be videotaped. A conference call is scheduled for 1/20/12 at 12:30 p.m. The Court will initiate the call. Counsel are to advise the Court as to the telephone numbers where they can be reached. SO ORDERED by Magistrate Judge George H. Lowe on 1/10/12. (rjb, )
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| Filing 92 LETTER BRIEF in response to Plaintiffs' counsel's letter of January 8, 2012 by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Affidavit certificate of service)(Higgins, Timothy) |
| Filing 91 STATUS REPORT by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| Filing 90 STATUS REPORT by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Frank L. Putman, David Stout, III, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Town of Morristown, Gary Turner, Howard Warren, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| Filing 89 Letter from Gregg T. Johnson, Esq. advising the Clerk's Office that Mark J. Lemire, Esq. is no longer with the firm of Lemire Johnson, LLC and should be terminated from this action. (mab) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 11/29/2011. Appearances: Daniel Goldberger, Esq., Russell Hirschhorn, Esq., Jason Gerstein, Esq. and Lori Windham, Esq. for Plaintiffs; Gregg Johnson, Esq. for Defendants. Plaintiffs do not object to the in camera review by Judge Lowe and will get the documents to him by the end of the week. Counsel anticipate 15-20 depositions. Plaintiffs' attorneys will file a deposition schedule with the Court by 12/12/11. (FTR Recorded) (rjb, ) |
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Filing 88
TEXT ORDER: The Court has reviewed Dkt. Nos. 81-83 and 86-87. Plaintiffs' counsel are to provide copies of the documents at issue to the Court for in camera review. During tomorrow's conference call counsel are to advise as to how, following an in camera review, the Court is to consider whether, with respect to each disputed document, the Fishers' participation was "to improve the comprehension of the communications between attorney and client". U.S. v. Ackert, 169 F.3d 136, 139 (2d Cir. 1999). So Ordered. Signed by Magistrate Judge George H. Lowe on 11/28/11. (ckm) Modified on 11/29/2011 (rjb, ). Modified on 11/29/2011 (rjb, ).
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| Filing 87 LETTER BRIEF by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| TEXT NOTICE of Hearing: Telephone Conference set for 11/29/2011 at 10:30 AM before Magistrate Judge George H. Lowe. Defendants' attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN-PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference.(rjb, ) |
| Filing 86 RESPONSE TO LETTER BRIEF filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren as to 83 LETTER BRIEF, filed by John L. Hershberger, Mosie Swartzentruber, Menno S. Hershberger, Menno L. Glick, Peter D. Swartzentruber, Dannie L. Swartzentruber, Andy A. Miller, Mose Miller, Harvey Miller, Jonas Zook, Urie Hershberger, Levi Yoder, Sam Zook. (Attachments: # 1 Exhibit(s) 10/20/11 letter from Plaintiffs' counsel, # 2 Exhibit(s) emails regarding Consulting Agreement, # 3 Appendix Certificate of Service)(Lemire, Mark) |
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Filing 85
MEMORANDUM, DECISION AND ORDER the Defendants[ 42] Motion to Dismiss Rule 12(b)(7) motion to dismiss the Complaint for the failure to join the State of New York or St. Lawrence County under Rule 19, and their alternative motion to join the State and County under either Rules 19 or 20, id., are DENIED in their entirety. Signed by Senior Judge Neal P. McCurn on 11/7/11. (mnm)
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TEXT ORDER: The Court has reviewed Dkt. No. 83. Defendants are to file a response on or before 11/14/11. SO ORDERED by Magistrate Judge George H. Lowe on 11/7/11. (rjb, )
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| Filing 84 NOTICE of Appearance by April J. Laws on behalf of Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren (Attachments: # 1 Appendix Certificate of Service)(Laws, April) |
| Filing 83 LETTER BRIEF by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Attachments: # 1 Exhibit(s))(Hirschhorn, Russell) |
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TEXT ORDER: The Court has reviewed Dkt. No. 82 and agrees with Defendants that it is Plaintiffs' burden to establish that a privilege is applicable. On or before 10/21/11 Plaintiffs are to file whatever submissions they feel are necessary to meet this burden. SO ORDERED by Magistrate Judge George H. Lowe on 10/7/11. (rjb, )
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| Filing 82 LETTER BRIEF in response to Plaintiffs' September 23, 2011 status letter by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Exhibit(s), # 2 Affidavit certificate of service)(Lemire, Mark) |
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TEXT ORDER: The Court has reviewed Dkt. No. 81. Defendants are to file a response on or before 10/7/11. SO ORDERED by Magistrate Judge George H. Lowe on 9/28/11. (rjb, )
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| Filing 81 STATUS REPORT Plaintiffs write to provide your Honor with an update on outstanding document discovery issues. by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Hirschhorn, Russell) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 9/9/2011. Appearances: Daniel Goldberger, Esq., Russell Hirschhorn, Esq. and Lori Windham, Esq. for Plaintiffs; Mark Lemire, Esq. for Defendants. Case has not been settled. Judge Lowe will notify Judge McCurn's chambers that a settlement has not been reached. Counsel are directed to confer and try to resolve any loose ends with respect to paper discovery and to discuss the possibility of scheduling depositions while the Motion to Dismiss is still pending. Plaintiffs are directed to file a status report by 9/23/2011. (FTR Recorded) (rjb, ) |
| TEXT NOTICE of Hearing: Status Conference set for 9/9/2011 at 09:00 AM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN-PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference. (rjb, ) |
| Filing 79 NOTICE of Appearance by Mark J. Lemire on behalf of All Defendants (Attachments: # 1 Appendix Certificate of Service)(Lemire, Mark) |
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ORDER TEXT: Letter Status Report from Daniel P. Goldberger, Esq. for Plaintiffs, Dated June 23, 2011, 78 is hereby Ordered Sealed and shall only be available for viewing by case participants and the Court. So Ordered Magistrate Judge George H. Lowe on 7/18/2011. (ptm, )
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| Filing 77 NOTICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook Letter to the Honorable George H. Lowe re Removal of Attorney's Name From the Docket (Mervis, Michael) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 5/23/2011. Appearances: Daniel Goldberger, Esq., and Benjamin Ratner, Esq. for Plaintiffs; and Lori Windham, Esq. for Becket Fund Plaintiffs; Jacinda Hall Conboy, Esq. for Defendants. Counsel reported on the status of the variance hearing concerning smoke detectors. There was a lengthy discussion with respect to inspections by outside code enforcement officers and how they would be compensated. On or before 6/23/2011 attorney Goldberger will advise the Court in writing with respect to both of these issues. The parties are in agreement that further settlement efforts should be vigorously pursued well before winter weather sets in. (FTR Recorder) (ptm, ) |
| TEXT NOTICE of Hearing: Status Conference set for 5/23/2011 at 10:00 AM before Magistrate Judge George H. Lowe. Defendants' attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL AND THE SCHEDULING OF AN IN-PERSON CONFERENCE. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference. (rjb, ) |
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TEXT ORDER granting 76 Letter Request, the Clerk is directed to remove the letter dated 2/24/2011 from the docket. SO ORDERED by Magistrate Judge George H. Lowe on 3/22/11. (rjb, )
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| Filing 76 Letter Motion requesting to remove document filed 2/24/11 from the docket submitted to Judge Lowe. (rjb, ) |
| Filing 75 NOTICE of Change of Address by Jason Gerstein Effective Date 1-18-2011 Old Address: 1585 Broadway New Address: Eleven Times Square (Gerstein, Jason) |
| Filing 74 NOTICE of Change of Address by Daniel Goldberger Effective Date 1-18-2011 Old Address: 1585 Broadway, New York, New York 10036 New Address: Eleven Times Square, New York, New York 10036-8299 (Goldberger, Daniel) |
| Filing 73 NOTICE of Change of Address by Russell L. Hirschhorn Effective Date 1/18/2011 Old Address: 1585 Broadway, New York New Address: Eleven Times Square, New York, NY 10036-8299 (Hirschhorn, Russell) |
| Filing 72 NOTICE of Change of Address by Michael T. Mervis Effective Date 1/18/11 Old Address: 1585 Broadway, New York, NY New Address: Eleven Times Square, New York, NY 10036-8299 (Mervis, Michael) |
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TEXT ORDER: The Court believes that counsel advised during the 11/8/10 proceedings that the requests asserted in Dkt. No. 65 had been resolved. Therefore those requests are denied as moot. If the Court is incorrect Plaintiffs' counsel should submit a further letter. SO ORDERED by Magistrate Judge George H. Lowe on 12/3/10. (rjb, )
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Filing 71
ORDER granting 69 Motion for Limited Admission Pro Hac Vice as to Eric N. Kniffin. Signed by Magistrate Judge George H. Lowe on 11/15/10. (rjb, )
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| Filing 70 AMENDED DOCUMENT by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. Amendment to 69 MOTION for Limited Admission Pro Hac Vice of Eric N. Kniffin Filing fee $30, receipt number 0206-1703873. Updated Certificate of Admission to the Bar of Illinois for Eric N. Kniffin, Esq.. (Hirschhorn, Russell) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Continuation ofSettlement Conference held on 11/8/2010. Appearances: Daniel Goldberger, Esq., Russell Hirschhorn, Esq. and Eric Rassbach, Esq. for Plaintiffs; Gregg Johnson, Esq. and Jacinda Hall Conboy, Esq. for Defendants. The Court and counsel again conferred concerning disputed issues. A telephone conference call will be held in the next few weeks, perhaps to be followed by another in-person conference. (rjb, ) |
| DOCKET ANNOTATION: The clerk contacted attorney Russell Hirschhorn's secretary to advise that the certificate of good standing attached to the # 69 Motion for PHV Admission is over 6 months old and therefore must be updated, counsel is directed to get a current certificate of good standing for Eric N. Kniffin and file it on the CM/ECF system as an amended document in support of the Motion. (jmb) |
| Filing 69 MOTION for Limited Admission Pro Hac Vice of Eric N. Kniffin Filing fee $30, receipt number 0206-1703873. filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Attachments: # 1 Proposed Order/Judgment Order, # 2 Verified Petition for Admission to Practice, # 3 New Attorney Registration Form, # 4 Affidavit Affidavit of Sponson of Russell L. Hirschhorn for Eric N. Kniffin, # 5 Certificate of Admission to the Bar of Illinoise, # 6 Certificate of Service) Motions referred to George H. Lowe. (Hirschhorn, Russell) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Telephone Conference held on 11/1/2010. Appearances: Daniel Goldberger, Esq., Russell Hirschhorn, Esq. and Lori Windham, Esq. for Plaintiffs; Jacinda Hall Conboy, Esq. for Defendants. Judge Lowe discusses Mr. Ball's appearance at the November 8th settlement conference with counsel. (FTR Recorded) (rjb, ) |
| TEXT NOTICE of Hearing: Telephone Conference set for 11/1/2010 at 01:30 PM before Magistrate Judge George H. Lowe. Plaintiffs' attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference.(rjb, ) |
| TEXT NOTICE of Hearing: Continuation of Settlement Conference set for 11/8/2010 at 11:00 AM at the United States Courthouse in Albany before Magistrate Judge George H. Lowe. Parties are directed to report to the Visiting Judge's chambers located on the 5th Floor.(rjb, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: In person conference held on 9/2/2010. Appearances: Daniel Goldberger, Esq., Lori Windham, Esq. and Russell Hirschhorn, Esq. for Plaintiffs; Jacinda Conboy, Esq. for Defendants. The Court and counsel conferred concerning numerous outstanding issues. Several were resolved and with respect to many the issue was narrowed. Counsel will confer further with their clients, and another in-person conference with the Court will be held in the near future. (rjb, ) |
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TEXT ORDER: The in person conference scheduled for September 2, 2010, at 11:30 a.m. at the United States Courthouse in Albany will proceed. SO ORDERED by Magistrate Judge George H. Lowe on 8/30/10. (rjb, )
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| Filing 68 STATUS REPORT Regarding September 2, 2010 Conference by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Goldberger, Daniel) |
| Filing 67 RESPONSE TO LETTER BRIEF filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook as to 66 RESPONSE TO LETTER BRIEF, filed by Lanetta Kay Davis, Howard Warren, Gary Turner, David Stout, III, Mark Blanchard, Town of Morristown, Christopher Coffin, Frank L. Putman Letter to Judge Lowe from Daniel P. Goldberger notifying the Court that plaintiffs will confer with defendants concerning the discovery issues raised in their 8-13-10 Letter and to inform the Court that Plaintiffs agree with Defendants that the 9-2-10 status conference should be held in person to discuss settlement issues.. (Goldberger, Daniel) |
| Filing 66 RESPONSE TO LETTER BRIEF filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren as to 65 Letter Request/Motion, filed by John L. Hershberger, Mosie Swartzentruber, Menno S. Hershberger, Menno L. Glick, Peter D. Swartzentruber, Dannie L. Swartzentruber, Andy A. Miller, Mose Miller, Harvey Miller, Jonas Zook, Urie Hershberger, Levi Yoder, Sam Zook. (Conboy, Jacinda) |
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TEXT ORDER: The Court has reviewed Dkt. No. 65, and is aware that it has received only the Plaintiffs' view of the present status of discovery. That having been said, the Court is concerned. Defendants are to file a response to Dkt. No. 65 on or before August 23, 2010. An in-person conference with counsel is scheduled for September 2, 2010, at 11:30 a.m. at the United States Courthouse in Albany. The Court is hopeful that counsel will resolve the discovery issues prior to September 2, 2010, and the in-person conference then can be converted to a telephone conference call. SO ORDERED by Magistrate Judge George H. Lowe on 8/16/10. (rjb, )
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| Filing 65 Letter Motion from Daniel P. Goldberger for Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook requesting The Court's intervention with regard to Defendants' continued failure to comply with several Discovery Orders submitted to Judge George H. Lowe with Exhibits 1-10. (Goldberger, Daniel) |
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Filing 64
STIPULATION AND ORDER regarding attorney/client privilege and attorney work product privilege. Signed by Magistrate Judge George H. Lowe on 7/16/10. (rjb, )
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| Filing 63 STIPULATION concerning waiver of attorney-client privilege by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren submitted to Judge Lowe. (Conboy, Jacinda) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 7/15/2010. Appearances: Daniel Goldberger, Esq. and Lori Windham, Esq. for Plaintiffs; Jacinda Conboy, Esq. for Defendants. The trip to Morristown by Plaintiffs' counsel has been completed. Mr. Goldberger will send the written information to Ms. Conboy. Counsel are directed to confer regarding the smoke detector issue. Counsel will contact the Court to schedule an in person conference in Albany. Judge Lowe will check with Judge McCurn regarding the pending motion. (FTR Recorded) (rjb, ) |
| TEXT NOTICE of Hearing TIME CHANGE ONLY: The Status Conference scheduled for 7/15/2010 is hereby moved from 10:00 AM to 11:30 AM before Magistrate Judge George H. Lowe. Defendants' attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference.(rjb, ) |
| TEXT NOTICE of Hearing: Status Conference set for 7/15/2010 at 10:00 AM before Magistrate Judge George H. Lowe. Defendants' attorney is responsible for initiating the call, USING A THIRD-PARTY TELECONFERENCING SERVICE, which is necessary to assure audibility. FAILURE TO USE A THIRD-PARTY TELECONFERENCING SERVICE WILL RESULT IN CANCELLATION OF THE CONFERENCE CALL. When all required parties are present, the service should call the Court at (315) 234-8618, which is a dedicated conference line which may be called ONLY at the time of the conference. (rjb, ) |
| Filing 62 NOTICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook Letter to Judge Lowe dated 6/15/2010 from Daniel P. Goldberger (Goldberger, Daniel) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 6/7/2010. Appearances: Daniel Goldberger, Esq. and Lori Windham, Esq. for Plaintiffs; Jacinda Conboy, Esq. for Defendants. Counsel report on the status of the case. Counsel stipulate that disclosure of the chart created by Ms. Conboy's clients does not constitute a waiver of any kind and cannot be adversely used against defendants, Ms. Conboy will prepare a written stipulation. Mr. Goldberger will write a letter to the Court once a date has been scheduled for the trip to Morristown. A conference will be scheduled for approximately 2 weeks after the date of the trip. (FTR Recorded) (rjb, ) |
| TEXT NOTICE of Hearing: Status Conference set for 6/7/2010 at 01:30 PM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may be used ONLY at the time of the conference. Failure to use a teleconferencing service may result in the conference being adjourned. (rjb, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Discovery Hearing held on 5/24/2010. Appearances: Daniel Goldberger, Esq., Jason Gerstein, Esq. and Lori Windham, Esq. (by telephone) for Plaintiffs; Jacinda Conboy, Esq. for Defendants. The Court and counsel had an in-chambers discussion about substantive issues, the parties' positions with respect to settlement, and Dkt. Nos. 59 and 61. It was agreed that further efforts at settlement would be undertaken. In this regard there will be a telephone conference on June 7, 2010, at a time to be determined. (rjb, ) |
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TEXT ORDER granting 59 Letter Request for a conference. Discovery Hearing set for 5/24/2010 at 10:00 AM in Albany before Magistrate Judge George H. Lowe. Counsel are directed to report to Courtroom #1 in the James T. Foley U.S. Courthouse, 445 Broadway, Albany, New York. SO ORDERED by Magistrate Judge George H. Lowe on 5/17/10. (rjb, )
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| Filing 61 RESPONSE TO LETTER BRIEF filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren as to 59 Letter Request/Motion, filed by John L. Hershberger, Mosie Swartzentruber, Menno S. Hershberger, Menno L. Glick, Peter D. Swartzentruber, Dannie L. Swartzentruber, Andy A. Miller, Mose Miller, Harvey Miller, Jonas Zook, Urie Hershberger, Levi Yoder, Sam Zook submitted to Judge Lowe. (Conboy, Jacinda) |
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Filing 60
ORDER TERMINATING 57 Letter Motion from Jacinda H. Conboy, Esq. for Mark Blanchard, et al., requesting the Court's consideration of the "NYS email document" submitted in furtherance of Defendants' motion to dismiss.The Court has reviewed this submission, and upon issuance of a Decision and Order on the pending motion 42 , shall give same whatever weight and due consideration as the Court considers appropriate. Ordered by Senior Judge Neal P. McCurn on 5/10/2010. (ptm, )
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| Filing 59 Letter Motion from Jason D. Gerstein for Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook requesting a Court Conference submitted to Judge George H. Lowe. (Mervis, Michael) |
| Filing 58 RESPONSE in Opposition re 57 Letter Motion from Jacinda H. Conboy, Esq. for Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren requesting the Court's consideration of the document provided filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Rassbach, Eric) |
| Filing 57 Letter Motion from Jacinda H. Conboy, Esq. for Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren requesting the Court's consideration of the document provided submitted to Judge McCurn in connection with Defendants pending motion. (Attachments: # 1 Exhibit(s) Email from NYS)(Conboy, Jacinda) |
| Filing 56 Minute Entry: MOTION CALENDAR held 3/08/2010 bef Sr. Judge Thomas J. McAvoy in Albany, NY: APP/LC: None; CR: B. Buckley; CRD/mp. Defts Lanetta Kay Davis, Howard Warren, Gary Turner, David Stout, III, Mark Blanchard, Town/Morristown, Christopher Coffin & Frank Putman's 42 MOTION to Dismiss - CASE REASSIGNED TO SENIOR JUDGE McCURN. (cml) |
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Filing 55
TEXT ORDER TAKING MOTION ON SUBMIT BEFORE SENIOR JUDGE MCCURN. NO ORAL ARGUMENT SHALL BE HEARD AS TO 42 MOTION to Dismiss Motion Hearing set for 3/18/2010 10:00 AM in Syracuse before Judge George H. Lowe Response to Motion due by 3/1/2010 Reply to Response to Motion due by 3/8/2010. filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Affidavit Affidavit of Jacinda H. Conboy, # 2 Exhibit(s) Ex A, # 3 Exhibit(s) Ex B, # 4 Memorandum of Law). Signed by Senior Judge Neal P. McCurn on 3/5/2010. (ptm, )
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Filing 54
ORDER granting 51 Motion for Leave to File, (and terminating 53 Motion for Leave to File). Signed by Senior Judge Neal P. McCurn on 3/3/2010. (ptm, )
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| Filing 53 **Duplicate Entry** MOTION for Leave to File Sur-reply brief filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. Motions referred to George H. Lowe. (Mervis, Michael) Modified on 3/2/2010 - terminated by CRD. (jmb) |
| Filing 52 CERTIFICATE OF SERVICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook re 51 MOTION for Leave to File Sur-Reply (Mervis, Michael) |
| Filing 51 MOTION for Leave to File Sur-Reply filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s), # 3 Affidavit) Motions referred to George H. Lowe. (Mervis, Michael) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 2/26/2010. Appearances: Daniel Goldberger, Esq., Jason Gerstein, Esq. and Lori Windham, Esq. for Plaintiffs; Jacinda Conboy, Esq. for Defendants. Judge Lowe reviews Ms. Conboy's 2/26/10 letter with counsel. Issue no. 1 is resolved - Plaintiffs will come up with a time line and Defendants will produce the requested documents. Issue no. 2 is resolved. Issue no. 3 - Judge Lowe does not find that Defendants have waived their objections. Ms. Conboy will supplement Interrogatories 2, 5, 6 and if possible 7. The objections to Interrogatory 16 are sustained. Issue no. 4 is resolved. Issue No. 5 - Judge Lowe denies the request for copies of retainers. Defendants may submit letter briefs on this issue and Plaintiffs will be given a chance to respond. Issue no. 6 - counsel will alternate the depositions. Ms. Conboy will provide a privilege log regarding communications by Andy Silver for this case. (FTR Recorded) (rjb, ) |
| Filing 50 STATUS REPORT to Judge Lowe in anticipation of telephone conference by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Conboy, Jacinda) |
| Filing 49 CERTIFICATE OF SERVICE by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren re 48 Reply to Response to Motion (Conboy, Jacinda) |
| Filing 48 REPLY to Response to Motion re 42 MOTION to Dismiss filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Conboy, Jacinda) |
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Filing 47
ORDER OF RECUSAL. Senior Judge Thomas J. McAvoy recused. Case reassigned to Senior Judge Neal P. McCurn for all further proceedings. Signed by Senior Judge Thomas J. McAvoy on 2/22/2010. (amt)
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| Filing 46 RESPONSE to Motion re 42 MOTION to Dismiss Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(B)(7), or, In The Alternative, to Join Additional Parties filed by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Attachments: # 1 Unreported Case, # 2 Affidavit Of Daniel P. Goldberger)(Mervis, Michael) |
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TEXT ORDER: The Court has reviewed Dkt. Nos. 44 and 45. A conference call is scheduled for February 26, 2010, at 2:30 p.m. Prior to the conference call counsel are to confer and make a good faith effort to resolve or reduce the pending issues. SO ORDERED by Magistrate Judge George H. Lowe on 2/12/10. (rjb, )
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| TEXT NOTICE of Hearing: Status Conference set for 2/26/2010 at 02:30 PM before Magistrate Judge George H. Lowe. Defendants' attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, ) |
| Filing 45 STATUS REPORT Filed in Response to Defendants February 5, 2010 Status Report by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook. (Attachments: # 1 Certificate of Service)(Goldberger, Daniel) |
| COURT TEXT NOTICE rescheduling the Defts' 42 MOTION to Dismiss. Motion Hearing set for 3/8/2010 at 10:00am in Albany before Senior Judge Thomas J. McAvoy; Response to Motion due by 2/19/2010; Reply to Response to Motion due by 2/25/2010.(amt) |
| Filing 44 STATUS REPORT regarding discovery submitted to Judge Lowe by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Conboy, Jacinda) |
| Filing 43 CERTIFICATE OF SERVICE by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren re 42 MOTION to Dismiss (Conboy, Jacinda) |
| Filing 42 MOTION to Dismiss Motion Hearing set for 3/18/2010 10:00 AM in Syracuse before Magistrate Judge George H. Lowe Response to Motion due by 3/1/2010 Reply to Response to Motion due by 3/8/2010. filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Affidavit Affidavit of Jacinda H. Conboy, # 2 Exhibit(s) Ex A, # 3 Exhibit(s) Ex B, # 4 Memorandum of Law) (Conboy, Jacinda) |
| Filing 41 CERTIFICATE OF SERVICE by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren re 40 Status Report (Johnson, Gregg) |
| Filing 40 STATUS REPORT to Judge Lowe re discovery by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Johnson, Gregg) |
| Filing 39 STATUS REPORT regarding outstanding discovery issues by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Johnson, Gregg) |
| Filing 38 NOTICE of Appearance by Russell L. Hirschhorn on behalf of Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook (Hirschhorn, Russell) |
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Filing 37
AMENDED UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7 days. Joinder of Parties due by 2/5/2010. Amended Pleadings due by 2/5/2010. Discovery due by 8/1/2010. Expert Reports are due by 9/1/2010. The Dispositive Motion filing deadline is adjourned without date. The Jury Trial is adjourned without date. A Telephone Status Conference is set for 9/2/2010 at 9:30 AM before Magistrate Judge George H. Lowe, Defendants' attorney is responsible for initiating the conference call. Signed by Magistrate Judge George H. Lowe on 1/5/2010. (jmb)
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| A Telephone Status Conference is set for 9/2/2010 at 9:30 AM before Magistrate Judge George H. Lowe. Defendants' attorney is responsible for initiating the call and should call chambers at 315-234-8618. (jmb) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 12/29/2009. Appearances: Daniel Goldberger, Esq. and Rachelle Laroche, Esq. for Plaintiffs; Gregg Johnson, Esq. for Defendants. Amended pretrial deadlines are established, an amended scheduling order will be issued. Mr. Johnson intends on filing a motion to bring New York State in as a party. Judge Lowe wants paper discovery completed by the end of January. Counsel are directed to have a meet and confer regarding the outstanding discovery issues. Mr. Johnson will submit a letter to the Court informing Judge Lowe of the date of the meet and confer once it has been scheduled. Mr. Johnson will also file a status report with the Court after the meet and confer. A conference will be scheduled for after September 1, 2010. (Tape #244) (rjb, ) |
| Filing 36 Letter Motion from Lemire Johnson, LLC for Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren requesting Adjournment of telephonic conference submitted to Judge George H. Lowe. (Johnson, Gregg) |
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TEXT ORDER granting 36 Letter Request. The Status Conference scheduled for 12/15/09 is hereby RESCHEDULED for 12/29/2009 at 10:30 AM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. SO ORDERED by Magistrate Judge George H. Lowe on 12/14/09. (rjb, )
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| TEXT NOTICE of Hearing: Status Conference set for 12/15/2009 at 02:00 PM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, ) |
| Filing 35 NOTICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D. Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook Letter To The Honorable George H. Lowe re Proposed Order and Status Report (Mervis, Michael) |
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TEXT ORDER granting 34 Letter Request, Counsel is directed to file a status report on or before November 27, 2009. SO ORDERED by Magistrate Judge George H. Lowe on 10/26/09. (rjb, )
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| Filing 34 Letter Motion from Jacinda H. Conboy, Esq. for Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner requesting Extension of time to continue settlement discussions submitted to Judge Lowe. (Conboy, Jacinda) |
| TEXT NOTICE by ADR Administrator re 32 Report of Early Neutral Evaluation filed on 8/21/09 by ENE David Wukitsch, Esq.: The Report of ENE contained a request for an additional sixty days to "explore and possibly finalize settlement" in this matter. The parties are directed to electronically file either a status report of the settlement of this matter, a settlement stipulation if the case has settled, or a formal request to the Magistrate Judge for an extension of time to further settlement. (sg) |
| Filing 33 CONFIDENTIALITY AGREEMENT (Wukitsch, David) |
| Filing 32 REPORT of Early Neutral Evaluation (Wukitsch, David) |
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TEXT ORDER: The requests asserted in Dkt. Nos. 30 and 31 are granted. SO ORDERED by Magistrate Judge George H. Lowe on 8/14/09. (rjb, )
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| Filing 31 Letter Motion from Jacinda H. Conboy, Esq. for Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner requesting that Defendants and their insurance representative participate in the ENE via telephone submitted to Judge Lowe. (Conboy, Jacinda) |
| Filing 30 Letter Motion from Lori H. Windham for Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger requesting Excuse from In-Person Attendance submitted to Judge Lowe. (Windham, Lori) |
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Filing 29
ORDER granting 24 Motion for Limited Admission Pro Hac Vice as to Daniel Goldberger. Signed by Magistrate Judge George H. Lowe on 8/7/09. (rjb, )
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Filing 28
ORDER granting 23 Motion for Limited Admission Pro Hac Vice as to Jason Gerstein. Signed by Magistrate Judge George H. Lowe on 8/7/09. (rjb, )
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Filing 27
ORDER granting 22 Motion for Limited Admission Pro Hac Vice as to Rachelle Laroche. Signed by Magistrate Judge George H. Lowe on 8/7/09. (rjb, )
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| Filing 26 STIPULATION Selecting Neutral by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner selecting David Wukitsch, Esq. as Evaluator.(Conboy, Jacinda) |
| Filing 25 STATUS REPORT regarding ADR by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner. (Conboy, Jacinda) |
| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 7/20/2009. Appearances: Jason Gerstein, Esq. and Lori Windham, Esq. for Plaintiffs; Jacinda Conboy, Esq. for Defendants. Counsel reported on the status of paper discovery, which appears basically to be on track. Prior to undertaking depositions the parties wish to pursue settlement discussions through Early Neutral Evaluation, which they hope to conduct by the end of August. Attorney Conboy is directed to advise the Court in writing of the date agreed upon for Early Neutral Evaluation. If the case does not settle the Court will hold a telephone conference call early in September, and dates for depositions then will be agreed upon. All dates set forth in the Uniform Pretrial Scheduling Order (Dkt. No. 18) are extended without date. (Tape #223) (rjb, ) |
| Filing 24 MOTION for Limited Admission Pro Hac Vice of Daniel P. Goldberger. Filing fee $30, receipt number SYR020514 filed by Michael T. Mervis, Esq., on behalf of the plaintiffs'. Motion referred to George H. Lowe. (jmb) |
| Filing 23 MOTION for Limited Admission Pro Hac Vice of Jason D. Gerstein. Filing fee $30, receipt number SYR020515 filed by Michael T. Mervis, Esq., on behalf of the plaintiffs'. Motion referred to George H. Lowe. (jmb) |
| Filing 22 MOTION for Limited Admission Pro Hac Vice of Rachelle Leone Laroche. Filing fee $30, receipt number SYR020513 filed by Michael T. Mervis, Esq., on behalf of the plaintiffs'. Motion referred to George H. Lowe. (jmb) |
| Filing 21 NOTICE by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger Letter To Lawrence K. Baerman re Removal of Jessica Kastner, Esq. from this case. (Mervis, Michael) |
| Filing 20 CERTIFICATE OF SERVICE by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner re 19 Notice of Appearance (Conboy, Jacinda) |
| Filing 19 NOTICE of Appearance by Jacinda Hall Conboy on behalf of all defendants (Conboy, Jacinda) |
| TEXT NOTICE of Hearing TIME CHANGE: The Status Conference scheduled for 7/20/2009 at 10:00 AM is hereby RESCHEDULED for 03:00 PM before Magistrate Judge George H. Lowe. (rjb, ) |
| TEXT NOTICE of Hearing CHANGE: The Status Conference scheduled for 7/22/09 is hereby RESCHEDULED for 7/20/2009 at 10:00 AM before Magistrate Judge George H. Lowe. (rjb, ) |
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Filing 18
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7 days. A Telephone Status Conference is set for 7/22/2009 at 9:30 AM before Magistrate Judge George H. Lowe. Joinder of Parties due by 7/31/2009. Amended Pleadings due by 7/31/2009. Discovery due by 12/1/2009. Deadline for completion of early neutral evaluation is 12/15/2009. Motions to be filed by 2/1/2010. Jury Trial Ready Deadline is 6/1/2010. Jury Trial set for 6/21/2010 at 10:00 AM in Watertown before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge George H. Lowe on 4/29/09. (jmb)
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| TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Initial Pretrial Conference held on 4/29/2009. Appearances: Jessica Kastner, Esq., Eric Rassbach, Esq. and Lori Windham, Esq. for Plaintiffs; Gregg T. Johnson, Esq. for Defendants. Pretrial deadlines are established, a scheduling order will be issued. (Tape #212 and 213) (rjb, ) |
| Filing 17 CIVIL CASE MANAGEMENT PLAN by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Kastner, Jessica) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. Town of Morristown waiver sent on 1/16/2009, answer due 3/17/2009; Lanetta Kay Davis waiver sent on 1/16/2009, answer due 3/17/2009; Frank L. Putman waiver sent on 1/16/2009, answer due 3/17/2009; Howard Warren waiver sent on 1/16/2009, answer due 3/17/2009; David Stout, III waiver sent on 1/16/2009, answer due 3/17/2009; Mark Blanchard waiver sent on 1/16/2009, answer due 3/17/2009; Christopher Coffin waiver sent on 1/16/2009, answer due 3/17/2009; Gary Turner waiver sent on 1/16/2009, answer due 3/17/2009. (Kastner, Jessica) |
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TEXT ORDER granting 15 Letter Request. The Initial Rule 16 Conference is hereby RESCHEDULED for the original date and time of 4/29/09 at 11:00 AM; Civil Case Management Plan due by 4/20/2009. SO ORDERED by Magistrate Judge George H. Lowe on 3/24/09. (rjb, )
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| Filing 15 Letter Motion from Plaintiffs' Counsel for Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger requesting an extension of the deadline to submit the Case Management Plan and a temporary adjournment of the Rule 16(b) conference submitted to Judge Lowe. (Kastner, Jessica) |
| TEXT NOTICE of Hearing CHANGE: The Initial Conference scheduled for 4/29/09 is hereby RESCHEDULED for 3/31/2009 at 10:00 AM before Magistrate Judge George H. Lowe; Civil Case Management Plan due by 3/26/2009. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, ) |
| Filing 14 CERTIFICATE OF SERVICE by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner re 13 Answer to Complaint (Johnson, Gregg) |
| Filing 13 ANSWER to 1 Complaint, by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner.(Johnson, Gregg) |
| Filing 12 NOTICE of Appearance by Christopher R. Lemire on behalf of all defendants (Attachments: # 1 Supplement Certificate of Service)(Lemire, Christopher) |
| Filing 11 NOTICE of Appearance by Gregg T. Johnson on behalf of all defendants (Attachments: # 1 Supplement Certificate of Service)(Johnson, Gregg) |
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Filing 10
ORDER granting 6 Motion for Limited Admission Pro Hac Vice as to Lori Windham. Signed by Magistrate Judge George H. Lowe on 1/21/09. (rjb, )
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Filing 9
ORDER granting 5 Motion for Limited Admission Pro Hac Vice as to Eric Rassbach. Signed by Magistrate Judge George H. Lowe on 1/21/09. (rjb, )
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Filing 8
ORDER granting 7 Motion for Limited Admission Pro Hac Vice of Jessica Kastner. Signed by Magistrate Judge George H. Lowe on 1/21/09. (rjb, )
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| Filing 7 MOTION for Limited Admission Pro Hac Vice of Jessica J. Kastner Filing fee $30, receipt number 02060000000001201349. filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Attachments: # 1 Proposed Order/Judgment, # 2 Verified Petition, # 3 Affidavit of Sponsor, # 4 Certificate of Good Standing, # 5 ECF Registration Form) Motions referred to George H. Lowe. (Mervis, Michael) |
| Filing 6 MOTION for Limited Admission Pro Hac Vice of Lori H. Windham Filing fee $30, receipt number 02060000000001200290. filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Attachments: # 1 Verified Petition, # 2 Proposed Order/Judgment Proposed Order, # 3 Certificate of Good Standing, # 4 Affidavit Affidavit of Sponsor, # 5 ECF Registration) Motions referred to George H. Lowe. (Mervis, Michael) |
| Filing 5 MOTION for Limited Admission Pro Hac Vice of Eric C. Rassbach Filing fee $30, receipt number 02060000000001200250. filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Attachments: # 1 Affirmation Verified Petitioner, # 2 Proposed Order/Judgment Proposed Order, # 3 Certification of Good Standing, # 4 Affidavit Affidavit of Sponsor, # 5 ECF Registration) Motions referred to George H. Lowe. (Mervis, Michael) |
| Filing 4 AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/29/2009 at 11:00 AM in Syracuse before Magistrate Judge George H. Lowe. Plaintiffs attorney will initiate the call using AT&T or other teleconferencing service and call Judge Lowes chambers at (315) 234-8618, a dedicated conference line which is not to be used for other purposes. Pro Se plaintiffs will provide the court with a telephone number for use in placing the conference call. Civil Case Management Plan due by 4/20/2009. THIS G.O. 25 IS AMENDED TO INCLUDE ADR TRACK INFORMATION THAT WAS EXCLUDED FROM THE ORIGINAL FILED ON 1/6/09 (dpk) |
| Filing 3 Summons Issued as to Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout III, Mark Blanchard, Christopher Coffin and Gary Turner. (Attachments: # 1 Summons Issued as to Christopher Coffin, # 2 Summons Issued as to Lanetta Kay Davis, # 3 Summons Issued as to the Town of Morristown, # 4 Summons Issued as to Frank Putman, # 5 Summons Issued as to David Stout III, # 6 Summons Issued as to Howard Warren, # 7 Summons Issued as to Gary Turner)(dpk) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/29/2009 at 11:00 AM in Syracuse before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 4/20/2009. ALL CONFERENCES ARE CONDUCTED BY TELEPHONE. Plaintiff's attorney will initiate the call using AT&T or other teleconferencing service and call Judge Lowe's chambers at 315-234-8616, a dedicated conference line which is not to be used for other purposes. Pro Se plaintiffs will provide the Court with a telephone number for use in placing the conference call. (dpk) |
| Filing 1 COMPLAINT against Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout III, Mark Blanchard, Christopher Coffin and Gary Turner (Filing fee $350 receipt number 1190930) filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger and Menno S. Hershberger. (Attachments: # 1 Civil Cover Sheet)(dpk) |
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