Buttaro et al v. Affiliated Computer Services, Inc. et al
| Alicia Ferraro, Thomas A. Buttaro and Seymour Rosenberg |
| Affiliated Computer Services, Inc. and Suffolk County Traffic and Parking Violations Agency |
| 2:2014cv00353 |
| January 16, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I Locke |
| Leonard D Wexler |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2016. A more recent docket listing may be available from PACER.
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| Filing 41 CLERK'S JUDGMENT; That Plaintiffs Thomas A. Buttaro, Seymour Rosenberg,and Alicia Ferraro take nothing of Defendants Affiliated Computer Services, Inc., and Suffolk County Traffic and Parking Violations Agency; that defendants motion to dismiss is granted; that plaintiffs substantive due process claim is dismissed with prejudice; that plaintiffs state lawclaims for violation of New York Civil Rights Law 11 and for unjust enrichment are dismissed without prejudice; and; and that this case is hereby closed. (Executed by: James J. Toritto, Deputy Clerk, on December 6, 2016) c/m c/ecf (Fagan, Linda) |
Filing 40
MEMORANDUM AND ORDER granting #22 Motion to Dismiss; granting #24 Motion to Dismiss for Failure to State a Claim. For the reasons stated herein, defendants motion to dismiss is granted to the extent that plaintiffs substantive due process claim is dismissed with prejudice, and plaintiffs statelaw claims for violation of New York Civil Rights Law 11and for unjust enrichment are dismissed without prejudice. The Clerk of Court is directed to close the file. (Ordered by Judge Leonard D. Wexler on 12/2/2016.) (Fagan, Linda)
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| Filing 39 REPLY in Support -SUPPLEMENTAL REPLY BRIEF IN SUPPORT filed by Suffolk County Traffic and Parking Violations Agency. (Kapsalis, Leonard) |
| Filing 38 MEMORANDUM in Support -SUPPLEMENTAL BRIEF IN SUPPORT OF SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY'S MOTION TO DISMISS PLAINTIFFS' AMENDED CLASS ACTION COMPLAINT filed by Suffolk County Traffic and Parking Violations Agency. (Attachments: #1 Declaration) (Kapsalis, Leonard) |
| Filing 37 MEMORANDUM in Opposition To Defendants' Motions To Dismiss filed by All Plaintiffs. (Squitieri, Lee) |
| Filing 36 REPLY in Support of Defendant Affiliated Computer Services, Inc.'s Motion to Dismiss Plaintiffs' Amended Class Action Complaint filed by Affiliated Computer Services, Inc.. (Bator, Chris) |
| Filing 35 REPLY in Support SUPPLEMENTAL BRIEF IN SUPPORT OF AFFILIATED COMPUTER SERVICES, INC.'S MOTION TO DISMISS PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT filed by Affiliated Computer Services, Inc.. (Bator, Chris) |
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ORDER re #33 Proposed Scheduling Order filed by Affiliated Computer Services, Inc. The proposed supplemental briefing schedule is approved and So Ordered by Judge Leonard D. Wexler on 9/22/2016. (Ausili, Peter)
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| Filing 34 NOTICE of Appearance by Leonard G. Kapsalis on behalf of Suffolk County Traffic and Parking Violations Agency (aty to be noticed) (Kapsalis, Leonard) |
| Filing 33 Proposed Scheduling Order Supplemental Briefing Schedule by Affiliated Computer Services, Inc. (Bator, Chris) |
| Filing 32 Minute Entry for proceedings held before Judge Leonard D. Wexler: Status Conference held on 9/14/2016. Plaintiff(s) represented by Lee Squitieri, Esq. Defendant(s) represented by Thomas J. McGowan, Esq. and Richard H. Weinschenk, Esq. The parties are advised that this case is hereby reopened. Defendants granted leave to renew their Rule 12 motion after filing supplemental briefs. Parties directed to file a proposed briefing schedule as to the supplemental briefs to be completed by October 31, 2016. Proceedings concluded. (Russo, Eric) |
| Case Reopened. (See #32 Minute Entry.) (Fagan, Linda) |
| Filing 31 Letter to Confirm Conference by Suffolk County Traffic and Parking Violations Agency (Weinschenk, Richard) |
| Filing 30 Letter requesting a conference by Suffolk County Traffic and Parking Violations Agency (Attachments: #1 Supplement Leder v.American Traffic Solutions, Inc.) (Weinschenk, Richard) |
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ORDER denying without prejudice #22 Motion to Dismiss; denying without prejudice #24 Motion to Dismiss for Failure to State a Claim. Upon the parties consent, following a telephone conference with the Court, this action is stayed pending determination of the appeal in Leder v. American Traffic Solutions, Inc., CV 14-103. The Clerk of Court is directed to administratively close the file in this action. Ordered by Judge Leonard D. Wexler on 7/15/2015. (Ausili, Peter)
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| Filing 29 Letter in further support of supplemental authority by Suffolk County Traffic and Parking Violations Agency (Weinschenk, Richard) |
| Filing 28 RESPONSE in Opposition re #22 MOTION to Dismiss Letter To Honorable Leonard Wexler Re Response filed by Thomas A. Buttaro, Alicia Ferraro, Seymour Rosenberg. (Squitieri, Lee) |
| Filing 27 Letter and Attached Memorandum of Decision and Order of Judge Spatt by Affiliated Computer Services, Inc. (Bator, Chris) |
| Filing 26 MEMORANDUM in Opposition re #22 MOTION to Dismiss , #24 Notice of Motion to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Thomas A. Buttaro, Alicia Ferraro, Seymour Rosenberg. (Squitieri, Lee) |
| Filing 25 REPLY in Support re #24 Notice of Motion to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction filed by Suffolk County Traffic and Parking Violations Agency. (Attachments: #1 Affidavit of Service) (Weinschenk, Richard) |
| Filing 24 Notice of Motion to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction by Suffolk County Traffic and Parking Violations Agency. (Attachments: #1 Declaration, #2 Exhibit A-F, #3 Memorandum in Support, #4 Affidavit of Service) (Weinschenk, Richard) Modified on 12/5/2016 (Fagan, Linda). |
| Filing 23 REPLY in Support re #22 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint filed by Affiliated Computer Services, Inc.. (Bator, Chris) |
| Filing 22 MOTION to Dismiss by Affiliated Computer Services, Inc.. Responses due by 9/30/2014 (Attachments: #1 Memorandum in Support, #2 Declaration) (Bator, Chris) Modified on 12/5/2016 (Fagan, Linda). |
| Filing 21 Corporate Disclosure Statement by Affiliated Computer Services, Inc. identifying Corporate Parent Xerox Corporation, Other Affiliate Xerox Business Services, LLC, Other Affiliate Xerox State & Local Solutions, Other Affiliate ACS State and Local Solutions, Inc. for Affiliated Computer Services, Inc.. (Bator, Chris) |
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ORDER re #20 Proposed Scheduling Order filed by Affiliated Computer Services, Inc. The proposed briefing schedule is approved. Ordered by Judge Leonard D. Wexler on 8/6/2014. (Ausili, Peter)
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| Filing 20 Proposed Scheduling Order (Briefing Schedule) by Affiliated Computer Services, Inc. (Bator, Chris) |
| Case reassigned to Magistrate Judge Steven I Locke. Magistrate Judge William D. Wall no longer assigned to the case. (Brown, Marc) |
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ORDER re #19 Letter filed by Suffolk County Traffic and Parking Violations Agency, #18 Letter filed by Affiliated Computer Services, Inc. The Court finds that a premotion conference is not necessary. The parties should agree upon, and submit to the Court, a proposed briefing schedule. Ordered by Judge Leonard D. Wexler on 7/31/2014. (Ausili, Peter)
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| Filing 19 Letter requesting pre-motion conference by Suffolk County Traffic and Parking Violations Agency (Weinschenk, Richard) |
| Filing 18 Letter to the Honorable Leonard D. Wexler by Affiliated Computer Services, Inc. (Bator, Chris) |
| Filing 17 AMENDED COMPLAINT against Affiliated Computer Services, Inc., Suffolk County Traffic and Parking Violations Agency, filed by Seymour Rosenberg, Thomas A. Buttaro, Alicia Ferraro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Fagan, Linda) |
| Incorrect Case/Document/Entry Information. Counsel filed the amended complaint without adding the new parties. In order to create the necessary records behind the scenes, the amended complaint was deleted and re-docketed correctly. (Fagan, Linda) |
| Filing 16 Letter requesting pre-motion conference by Suffolk County Traffic and Parking Violations Agency (Weinschenk, Richard) |
| Filing 15 Letter by Affiliated Computer Services, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bator, Chris) |
| Filing 14 CERTIFICATE OF SERVICE by Thomas A. Buttaro, Seymour Rosenberg re #1 Complaint, (Squitieri, Lee) |
| Filing 13 NOTICE of Appearance by Thomas J. McGowan on behalf of Affiliated Computer Services, Inc. (aty to be noticed) (McGowan, Thomas) |
| Filing 12 NOTICE of Appearance by Jessica Mastrogiovanni on behalf of Affiliated Computer Services, Inc. (aty to be noticed) (Mastrogiovanni, Jessica) |
| Filing 11 NOTICE of Appearance by Richard H. Weinschenk on behalf of Suffolk County Traffic and Parking Violations Agency (aty to be noticed) (Weinschenk, Richard) |
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ORDER granting #8 , #9 , #10 Motions for Leave to Appear Pro Hac Vice, Chris Bator, Daniel M. McClain, Gregory V. Mersol for defendant Affiliated Computer Services. Counsel are directed to electronically file notices of appearance. Ordered by Magistrate Judge William D. Wall on 2/24/2014. (Disbrow, Sandra)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6747271. by Affiliated Computer Services, Inc.. (Attachments: #1 Proposed Order) (Mersol, Gregory) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6747229. by Affiliated Computer Services, Inc.. (Attachments: #1 Proposed Order) (McClain, Daniel) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6747187. by Affiliated Computer Services, Inc.. (Attachments: #1 Proposed Order) (Bator, Chris) |
| Filing 7 Letter requesting extension of time to answer by Suffolk County Traffic and Parking Violations Agency (Weinschenk, Richard) |
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Electronic ORDER TO ANSWER re #7 Letter. Suffolk County Traffic and Parking Violations Agency answer or other response due 3/13/2014. Ordered by Magistrate Judge William D. Wall on 2/21/2014. (Disbrow, Sandra)
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| Filing 6 WAIVER OF SERVICE Returned Executed by Seymour Rosenberg, Thomas A. Buttaro. Affiliated Computer Services, Inc. waiver sent on 1/17/2014, answer due 3/18/2014. (Squitieri, Lee) |
| Filing 5 SUMMONS Returned Executed by Seymour Rosenberg, Thomas A. Buttaro. Suffolk County Traffic and Parking Violations Agency served on 1/28/2014, answer due 2/18/2014. (Squitieri, Lee) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Mahon, Cinthia) |
| Filing 3 Summons Issued as to Affiliated Computer Services, Inc., Suffolk County Traffic and Parking Violations Agency. (Mahon, Cinthia) |
| Filing 2 FILING FEE: $ 400.00, receipt number 4653069076 (Mahon, Cinthia) |
| Filing 1 COMPLAINT against Affiliated Computer Services, Inc., Suffolk County Traffic and Parking Violations Agency Disclosure Statement on Civil Cover Sheet completed -no,, filed by Seymour Rosenberg, Thomas A. Buttaro. (Attachments: #1 Civil Cover Sheet) (Mahon, Cinthia) |
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