Walker v. Tormey

Walker v. Tormey

Defendant:	Hon. James C. Tormey, Individually and in his Official Capacity as District Administrative Judge of the Fifth Judicial District of the Unified Court System of the State of New York and Michael A. Klein, Individually and in his Official Capacity as District Executive of the Fifth Judicial District of the Unified Court System of the State of New York
Plaintiff / Appellant:	Nancy Rodriguez Walker
Defendant / Appellee:	Melinda McGunnigle, Individually and in her Official Capacity as Senior Assistant District Attorney of Onondaga County and William J. Fitzpatrick, Individually and in his Official Capacity as District Attorney of Onondaga County
Case Number:	19-963
Filed:	April 11, 2019
Court:	U.S. Court of Appeals, Second Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 24, 2020	Filing 145 CERTIFIED ORDER, dated 08/24/2020, to NDNY (SYRACUSE), ISSUED.[2914882] [19-963] [Entered: 08/24/2020 10:34 AM]
August 24, 2020	Filing 144 STATEMENT OF COSTS, on behalf of Appellee Michael A. Klein and James C. Tormey, FILED.[2914878] [19-963] [Entered: 08/24/2020 10:33 AM]
June 17, 2020	Filing 142 JUDGMENT MANDATE, ISSUED.[2864361] [19-963] [Entered: 06/17/2020 01:20 PM]
May 27, 2020	Filing 140 ITEMIZED BILL OF COSTS, on behalf of Appellee James C. Tormey, FILED. Service date 05/27/2020 by CM/ECF.[2847739] [19-963] [Entered: 05/27/2020 08:49 AM]
May 26, 2020	Filing 138 ITEMIZED BILL OF COSTS, on behalf of Appellee Michael A. Klein, FILED. Service date 05/26/2020 by CM/ECF.[2847196] [19-963] [Entered: 05/26/2020 02:46 PM]
May 19, 2020	Filing 136 CAPTION, per summary order dated 05/19/2020, AMENDED.[2842552] [19-963] [Entered: 05/19/2020 12:13 PM]
May 19, 2020	Filing 134 NEW CASE MANAGER, Khadijah Young, ASSIGNED.[2842268] [19-963] [Entered: 05/19/2020 10:12 AM]
May 19, 2020	Filing 132 SUMMARY ORDER AND JUDGMENT, affirming the district courts judgment, by BDP, SLC, L. KAPLAN, FILED.[2842251] [19-963] [Entered: 05/19/2020 10:02 AM]
May 12, 2020	Filing 130 CASE, before BDP, SLC, L. KAPLAN, HEARD.[2837388] [19-963] [Entered: 05/12/2020 11:38 AM]
April 2, 2020	Filing 129 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellee James C. Tormey, FILED. Service date 04/02/2020 by CM/ECF. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [2813324] [19-963] [Entered: 04/02/2020 04:45 PM]
April 2, 2020	Filing 128 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 04/02/2020 by CM/ECF. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [2813021] [19-963] [Entered: 04/02/2020 01:34 PM]
March 30, 2020	Filing 127 NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellee Michael A. Klein, FILED. Service date 03/30/2020 by CM/ECF. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [2810990] [19-963] [Entered: 03/30/2020 04:40 PM]
March 30, 2020	Filing 126 ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED. Note: Listed counsel must log on to CM/ECF in order to view the attachment. [2810964] [19-963] [Entered: 03/30/2020 04:22 PM]
March 13, 2020	Filing 125 CASE CALENDARING, for argument on 05/12/2020, B Panel, SET.[2801577] [19-963] [Entered: 03/13/2020 04:43 PM]
February 25, 2020	Filing 124 CASE CALENDARING, for the week of 05/11/2020, PANEL B, PROPOSED.[2786513] [19-963] [Entered: 02/25/2020 01:58 PM]
February 5, 2020	Filing 120 LETTER, dates 02/06/2020 on behalf of Appellee James C. Tormey, regarding dates unavailable for oral argument, RECEIVED. Service date 02/05/2020 by CM/ECF.[2770712] [19-963]--[Edited 02/06/2020 by BM] [Entered: 02/05/2020 12:49 PM]
January 30, 2020	Filing 115 LETTER, dated 01/30/20 on behalf of Appellee Michael A. Klein, regarding dates unavailable for oral argument, RECEIVED. Service date 01/30/2020 by CM/ECF.[2765300] [19-963]--[Edited 01/30/2020 by BM] [Entered: 01/30/2020 10:09 AM]
January 17, 2020	Filing 114 CASE CALENDARING, for the week of 03/30/2020, PROPOSED.[2755393] [19-963] [Entered: 01/17/2020 12:10 PM]
December 10, 2019	Filing 112 CASE CALENDARING, for the week of 03/02/2020, PROPOSED.[2725833] [19-963] [Entered: 12/10/2019 03:07 PM]
November 11, 2019	Filing 110 REPLY BRIEF, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 11/11/2019 by CM/ECF, email. [2702949] [19-963] [Entered: 11/11/2019 12:16 PM]
November 1, 2019	Filing 107 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Robert J. Smith, Esq. for Appellee James C. Tormey, FILED. Service date 11/01/2019 by CM/ECF. [2696227] [19-963] [Entered: 11/01/2019 04:21 PM]
November 1, 2019	Filing 104 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Jennifer L. Clark, Esq. for Appellee Michael A. Klein, FILED. Service date 11/01/2019 by CM/ECF. [2696153] [19-963] [Entered: 11/01/2019 03:59 PM]
November 1, 2019	Filing 103 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney William D. Frumkin, Esq. for Appellant Nancy Rodriguez Walker, FILED. Service date 11/01/2019 by CM/ECF. [2696052] [19-963] [Entered: 11/01/2019 03:37 PM]
October 31, 2019	Filing 102 ORAL ARGUMENT STATEMENT LR 34.1 (a), on behalf of filer Attorney Carol L. Rhinehart for Appellee William J. Fitzpatrick and Melinda McGunnigle, FILED. Service date 10/31/2019 by CM/ECF. [2693928] [19-963] [Entered: 10/31/2019 10:18 AM]
October 21, 2019	Filing 95 BRIEF, on behalf of Appellee William J. Fitzpatrick and Melinda McGunnigle, FILED. Service date 10/21/2019 by CM/ECF. [2684900] [19-963] [Entered: 10/21/2019 04:21 PM]
October 21, 2019	Filing 94 BRIEF, on behalf of Appellee James C. Tormey, FILED. Service date 10/21/2019 by CM/ECF. [2684776] [19-963] [Entered: 10/21/2019 03:38 PM]
October 21, 2019	Filing 93 BRIEF, on behalf of Appellee Michael A. Klein, FILED. Service date 10/21/2019 by CM/ECF. [2684643] [19-963] [Entered: 10/21/2019 02:53 PM]
August 27, 2019	Filing 89 LETTER, dated 08/27/2019 on behalf of Appellee James C. Tormey, informing the court that the Hon. James P. Murphy, has been appointed as Judge Tormey's successor as the Administrative Judge for the Fifth Judicial District, RECEIVED. Service date 08/27/2019 by CM/ECF.[2642158] [19-963]--[Edited 08/29/2019 by BM] [Entered: 08/27/2019 05:19 PM]
July 30, 2019	Filing 85 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee William J. Fitzpatrick, Melinda McGunnigle and James C. Tormey Brief due date as 10/21/2019, FILED.[2620715] [19-963] [Entered: 07/30/2019 04:55 PM]
July 29, 2019	Filing 77 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee William J. Fitzpatrick and Melinda McGunnigle, informing Court of proposed due date 10/21/2019, RECEIVED. Service date 07/29/2019 by CM/ECF.[2619231] [19-963] [Entered: 07/29/2019 01:35 PM]
July 29, 2019	Filing 74 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee Michael A. Klein Brief due date as 10/21/2019, FILED.[2619121] [19-963] [Entered: 07/29/2019 12:28 PM]
July 26, 2019	Filing 73 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee James C. Tormey, informing Court of proposed due date 10/21/2019, RECEIVED. Service date 07/26/2019 by CM/ECF.[2618573] [19-963] [Entered: 07/26/2019 05:13 PM]
July 26, 2019	Filing 69 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Michael A. Klein, informing Court of proposed due date 10/21/2019, RECEIVED. Service date 07/26/2019 by CM/ECF.[2618358] [19-963] [Entered: 07/26/2019 03:36 PM]
July 24, 2019	Filing 68 CURED DEFECTIVE DOCUMENT: BRIEF & APPENDIX, [ # 62 ], [ # 67 ], on behalf of Appellant Nancy Rodriguez Walker, FILED.[2615973] [19-963] [Entered: 07/24/2019 11:24 AM]
July 24, 2019	Filing 67 DEFECTIVE DOCUMENT, BRIEF, [63], on behalf of Appellant Nancy Rodriguez Walker, FILED.[2615967] [19-963] [Entered: 07/24/2019 11:20 AM]
July 24, 2019	Filing 66 BRIEF, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 07/24/2019 by CM/ECF.[2615791] [19-963] [Entered: 07/24/2019 10:00 AM]
July 23, 2019	Filing 65 JOINT APPENDIX, volume 1 of 1, (pp. 1-201), on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 07/23/2019 by CM/ECF.[2615565] [19-963] [Entered: 07/23/2019 05:09 PM]
July 23, 2019	Filing 63 BRIEF, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 07/23/2019 by CM/ECF.[2614979] [19-963] [Entered: 07/23/2019 12:12 PM]
July 23, 2019	Filing 62 DEFECTIVE DOCUMENT, Brief & Joint Appendix, [60], on behalf of Appellant Nancy Rodriguez Walker, FILED.[2614479] [19-963] [Entered: 07/23/2019 09:04 AM]
July 22, 2019	Filing 60 BRIEF & APPENDIX, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 07/22/2019 by CM/ECF, email. [2614400] [19-963] [Entered: 07/22/2019 06:09 PM]
July 12, 2019	Filing 59 CAMP ORDER, Type of Conference: Follow-up Telephonic, Scheduled Date of Conference: 08/23/2019, Start Time: 9:30 AM, Required Attendees: Clients with Counsel, with Kathleen M. Scanlon, ENTERED.[2607750] [19-963] [Entered: 07/12/2019 04:23 PM]
July 8, 2019	Filing 58 CURED DEFECTIVE LETTER, [ # 57 ], on behalf of Appellee James C. Tormey, FILED.[2601647] [19-963] [Entered: 07/08/2019 10:43 AM]
July 8, 2019	Filing 57 LETTER, on behalf of Appellee James C. Tormey, The death of Appellee, RECEIVED. Service date 07/08/2019 by CM/ECF.[2601556] [19-963]--[Edited 07/08/2019 by WD] [Entered: 07/08/2019 09:54 AM]
July 8, 2019	Filing 56 DEFECTIVE DOCUMENT, Supplementary Papers,, [55], on behalf of Appellee James C. Tormey, FILED.[2601466] [19-963] [Entered: 07/08/2019 09:05 AM]
July 3, 2019	Filing 55 SUPPLEMENTARY PAPERS TO WRIT [53], on behalf of Appellee James C. Tormey, FILED. Service date 07/03/2019 by CM/ECF.[2601292][55] [19-963] [Entered: 07/03/2019 04:40 PM]
July 3, 2019	Filing 54 DEFECTIVE DOCUMENT, Supplementary Paper, [53], on behalf of Appellee James C. Tormey, FILED.[2601232] [19-963] [Entered: 07/03/2019 04:11 PM]
July 3, 2019	Filing 53 SUPPLEMENTARY PAPERS TO WRIT [ # 32 ], on behalf of Appellee James C. Tormey, FILED. Service date 07/03/2019 by CM/ECF.[2601130][53] [19-963] [Entered: 07/03/2019 03:29 PM]
June 3, 2019	Filing 52 CURED DEFECTIVE DOCUMENT: Acknowledgment and Notice of Appearance Form [ # 48 ], on behalf of Appellee James C. Tormey, FILED.[2577586] [19-963] [Entered: 06/03/2019 11:24 AM]
June 3, 2019	Filing 51 ATTORNEY, Elizabeth Anne Hoffman for James C. Tormey, in case 19-963 , [ # 50 ], ADDED.[2577568] [19-963] [Entered: 06/03/2019 11:16 AM]
May 31, 2019	Filing 50 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee James C. Tormey, FILED. Service date 05/31/2019 by CM/ECF. [2577165] [19-963] [Entered: 05/31/2019 05:51 PM]
May 31, 2019	Filing 49 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee James C. Tormey, FILED. Service date 05/31/2019 by CM/ECF.[2577163] [19-963] [Entered: 05/31/2019 05:50 PM]
May 31, 2019	Filing 48 DEFECTIVE DOCUMENTS, Acknowledgment and Notice of Appearance form, and Notice of Appearance as Additional Counsel form, [46], [47], on behalf of Appellee James C. Tormey, FILED.[2576928] [19-963] [Entered: 05/31/2019 03:43 PM]
May 31, 2019	Filing 47 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee James C. Tormey, FILED. Service date 05/31/2019 by CM/ECF. [2576452] [19-963] [Entered: 05/31/2019 11:24 AM]
May 31, 2019	Filing 46 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee James C. Tormey, FILED. Service date 05/31/2019 by CM/ECF. [2576440] [19-963] [Entered: 05/31/2019 11:15 AM]
May 24, 2019	Filing 44 ATTORNEY, Elizabeth Evelyn Hunter for Nancy Rodriguez Walker, in case 19-963, [ # 41 ], ADDED.[2572665] [19-963] [Entered: 05/28/2019 08:43 AM]
May 24, 2019	Filing 43 CAMP ORDER, Type of Conference: Follow-up Telephonic, Scheduled Date of Conference: 08/06/2019, Start Time: 10:30 AM, Required Attendees: Clients with Counsel, with Kathleen M. Scanlon, ENTERED.[2572262] [19-963] [Entered: 05/24/2019 01:16 PM]
May 23, 2019	Filing 41 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 05/23/2019 by CM/ECF. [2571577] [19-963] [Entered: 05/23/2019 04:17 PM]
May 22, 2019	Filing 40 ATTORNEY, Jennifer L. Clark for Michael A. Klein, in case 19-963, [ # 39 ], ADDED.[2569762] [19-963] [Entered: 05/22/2019 09:04 AM]
May 21, 2019	Filing 39 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Michael A. Klein, FILED. Service date 05/21/2019 by CM/ECF. [2568708] [19-963] [Entered: 05/21/2019 11:27 AM]
May 20, 2019	Filing 38 CAPTION, as to Defendants - Appellees, AMENDED.[2567962] [19-963] [Entered: 05/20/2019 03:36 PM]
May 20, 2019	Filing 37 MOTION ORDER, granting motion to amend caption [ # 32 ] filed by Appellant Nancy Rodriguez Walker, by SLC, FILED. [2567925][37] [19-963] [Entered: 05/20/2019 03:24 PM]
May 17, 2019	Filing 33 CURED DEFECTIVE DOCUMENT, MOTION, to amend caption, [ # 31 ], on behalf of Appellant Nancy Rodriguez Walker, FILED.[2566952] [19-963] [Entered: 05/17/2019 04:46 PM]
May 17, 2019	Filing 32 MOTION, to amend caption, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 05/15/2019 by CM/ECF, email, US mail. [2566828] [19-963] [Entered: 05/17/2019 03:47 PM]
May 16, 2019	Filing 31 DEFECTIVE DOCUMENT, MOTION, to amend caption [30], on behalf of Appellant Nancy Rodriguez Walker, FILED.[2565698] [19-963] [Entered: 05/16/2019 02:38 PM]
May 15, 2019	Filing 30 MOTION, to amend caption, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 05/15/2019 by CM/ECF, email, US mail. [2565051] [19-963] [Entered: 05/15/2019 05:03 PM]
May 9, 2019	Filing 29 STRIKE ORDER, striking Appellant Nancy Rodriguez Walker Letter [25] from the docket, FILED.[2559772] [19-963] [Entered: 05/09/2019 10:23 AM]
May 3, 2019	Filing 26 DEFECTIVE DOCUMENT, Letter, [25], on behalf of Appellant Nancy Rodriguez Walker, FILED.[2554703] [19-963] [Entered: 05/03/2019 09:05 AM]
May 2, 2019	Filing 25 LETTER, dated 05/02/2019 on behalf of Appellant Nancy Rodriguez Walker, requesting to amend caption, RECEIVED. Service date 05/02/2019 by CM/ECF, email, US mail.[2554146] [19-963]--[Edited 05/03/2019 by BM] [Entered: 05/02/2019 02:49 PM]
May 2, 2019	Filing 24 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Nancy Rodriguez Walker Brief due date as 07/22/2019. Joint Appendix due date as 07/22/2019, FILED.[2553743] [19-963] [Entered: 05/02/2019 11:02 AM]
May 1, 2019	Filing 21 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Nancy Rodriguez Walker, informing Court of proposed due date 07/22/2019, RECEIVED. Service date 05/01/2019 by CM/ECF, email, US mail.[2553156] [19-963] [Entered: 05/01/2019 03:45 PM]
April 25, 2019	Filing 20 CAMP ORDER, Type of Conference: Telephonic, Scheduled Date of Conference: 05/24/2019, Start Time: 10:30 AM, Required Attendees: Clients with Counsel, with Kathleen M. Scanlon, ENTERED.[2548521] [19-963] [Entered: 04/25/2019 02:33 PM]
April 24, 2019	Filing 18 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee William J. Fitzpatrick and Melinda McGunnigle, FILED. Service date 04/24/2019 by CM/ECF.[2547544] [19-963] [Entered: 04/24/2019 03:41 PM]
April 24, 2019	Filing 16 NEW CASE MANAGER, Brenda Mojica, ASSIGNED.[2547065] [19-963] [Entered: 04/24/2019 11:22 AM]
April 23, 2019	Filing 11 FORM D, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 04/23/2019 by CM/ECF.[2546654] [19-963] [Entered: 04/23/2019 06:02 PM]
April 23, 2019	Filing 10 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 04/23/2019 by CM/ECF.[2546652] [19-963] [Entered: 04/23/2019 06:00 PM]
April 23, 2019	Filing 9 FORM C, on behalf of Appellant Nancy Rodriguez Walker, FILED. Service date 04/23/2019 by CM/ECF.[2546646] [19-963] [Entered: 04/23/2019 05:57 PM]
April 11, 2019	Filing 6 ELECTRONIC INDEX, in lieu of record, FILED.[2539978] [19-963] [Entered: 04/15/2019 11:51 AM]
April 11, 2019	Filing 5 PAYMENT OF DOCKETING FEE, on behalf of Appellant Nancy Rodriguez Walker, district court receipt # ANYNDC-4707218, FILED.[2539973] [19-963] [Entered: 04/15/2019 11:50 AM]
April 11, 2019	Filing 4 DISTRICT COURT JUDGMENT, dated 03/14/2019, RECEIVED.[2539967] [19-963] [Entered: 04/15/2019 11:49 AM]
April 11, 2019	Filing 3 DISTRICT COURT MEMORANDUM, DECISION AND ORDER, dated 03/14/2019, RECEIVED.[2539962] [19-963] [Entered: 04/15/2019 11:48 AM]
April 11, 2019	Filing 2 DISTRICT COURT MEMORANDUM DECISION AND ORDER, dated 03/31/2016, RECEIVED.[2539960] [19-963] [Entered: 04/15/2019 11:46 AM]
April 11, 2019	Filing 1 NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant Nancy Rodriguez Walker, FILED. [2539951] [19-963] [Entered: 04/15/2019 11:43 AM]

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Plaintiff / appellant: Nancy Rodriguez Walker
Represented By:	William D. Frumkin Esq.
Represented By:	Elizabeth Evelyn Hunter Esq.
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Defendant / appellee: Melinda McGunnigle, Individually and in her Official Capacity as Senior Assistant District Attorney of Onondaga County
Represented By:	Carol L. Rhinehart
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Defendant / appellee: William J. Fitzpatrick, Individually and in his Official Capacity as District Attorney of Onondaga County
Represented By:	Carol L. Rhinehart
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Defendant: Hon. James C. Tormey, Individually and in his Official Capacity as District Administrative Judge of the Fifth Judicial District of the Unified Court System of the State of New York
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Defendant: Michael A. Klein, Individually and in his Official Capacity as District Executive of the Fifth Judicial District of the Unified Court System of the State of New York
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