Ciuffetelli v. Farm Credit East, ACA et. al.
| Ralph B. Ciuffetelli |
| Patrick K. Wiles, Sandra M. Pearson and Farm Credit East, ACA |
| 2:2019cv04047 |
| July 12, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Other Statutory Actions |
| 05 U.S.C. § 552 Freedom of Information Act |
| Plaintiff |
Docket Report
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Filing 36
ORDER dated 2/1/20 request is granted. The time for plaintiff to decide on retaining new counsel, proceeding pro se, or withdrawing action is extended to 2/28/20 re #35 Letter requesting an extension of time to replace withdrawing attorney. ( Ordered by Judge Brian M. Cogan on 2/1/2020 ) (Guzzi, Roseann)
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| Filing 35 Letter dated 1/28/2020 from Ralph Ciuffetelli to Judge Cogan requesting an extension of time to replace withdrawing attorney. (Clarke, Melonie) |
| Filing 34 AFFIDAVIT of Service for Electronic Order granting Motion to Withdraw as Attorney for Plaintiff (*Affirmation of Service) served on Ralph B. Ciuffetelli on 01/15/2020, filed by Ralph B. Ciuffetelli. (Campanelli, Andrew) |
| Filing 33 Letter MOTION for Extension of Time to File a proposed protective order and a revised scheduling order by Ralph B. Ciuffetelli. (Campanelli, Andrew) |
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ORDER granting in part #33 . Regardless of whether plaintiff retains new counsel, current counsel cannot be relieved except by Order of the Court. The Court therefore deems this motion to constitute a motion to withdraw as counsel, and in light of the "complete breakdown in the attorney-client relationship," and counsel and plaintiff's agreement that plaintiff "will voluntarily retain new counsel," the motion to withdraw is granted. The action is stayed for two weeks so that plaintiff can have new counsel appear. As his final act as outgoing counsel, Mr. Campanelli is directed to print out and mail a copy of this Order directly to plaintiff; file proof of such mailing; and in that proof of mailing, list plaintiff's address so that it can be added to the docket. Upon filing of such proof mailing, plaintiff's counsel will be terminated. Plaintiff is advised that as of the date of this Order, he is proceeding without counsel as a pro se litigant. If new counsel does not appear within two weeks and plaintiff does not meet his obligations as a pro se litigant, the action may be dismissed. Ordered by Judge Brian M. Cogan on 1/14/2020. (Weisberg, Peggy)
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| Minute Entry and Order for Hearing held before Judge Brian M. Cogan on 12/26/2019. The Court granted in part #31 plaintiff's motion for discovery. By 1/6/2020, defendants shall provide plaintiff with a coded list of the 322 potential comparables. By 1/13/2020, plaintiff shall randomly select twenty (20) of the applicants' files in addition to the three (3) referenced in his complaint. The parties shall submit for the Court's approval a joint proposed protective order as soon as plaintiff makes his selection, but no later than 1/14/2020, and a revised discovery scheduling order. See transcript for details. (Court Reporter: Charleane Heading.) (Weisberg, Peggy) |
| Filing 32 RESPONSE to Motion re #31 First MOTION for Discovery filed by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Unger, Scott) |
| Filing 31 First MOTION for Discovery by Ralph B. Ciuffetelli. (Attachments: #1 Exhibit A- Document Demand, #2 Exhibit B- Redacted Document) (Disken, Amanda) |
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SCHEDULING ORDER: A telephone hearing on plaintiff's #31 motion is set for 12/26/2019 at 11:30 AM. Plaintiff's counsel is directed to arrange and initiate the call and the parties will jointly call Chambers at 718-613-2230. Ordered by Judge Brian M. Cogan on 12/23/2019. (Weisberg, Peggy)
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| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09/05/2019, before Judge COGAN. Court Reporter/Transcriber rivka teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020. (Teich, Rivka) |
| Filing 29 MOTION to Substitute Attorney by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Unger, Scott) |
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ORDER re: #29 . The Court grants the motion to extend time to complete discovery until 1/31/2020, further extensions are unlikely. The Motion to Substitute Attorney is granted. Attorneys Elliott A Hallak and Daniel Robert Lecours are terminated. Ordered by Judge Brian M. Cogan on 11/7/2019. (Weisberg, Peggy)
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| Filing 28 NOTICE of Consent to Change Attorney by Scott I. Unger Amended Declaration of Scott I. Unger, Esquire in support of change of counsel for the Defendants (Unger, Scott) |
| Filing 27 NOTICE of Consent to Change Attorney by Scott I. Unger (Attachments: #1 Declaration, #2 Substitution of Counsel) (Unger, Scott) |
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ORDER denying #26 Motion for Extension of Time to Complete Discovery without prejudice to renewal if indeed new defense counsel moves for substitution in the manner required by the Local Rules. In addition, there is no guarantee that the Court will grant such a motion if it is premised on a discovery extension, as the need for such an extension because of the substitution of counsel is one of the factors the Court will consider in determining whether to allow the substitution. Ordered by Judge Brian M. Cogan on 10/30/2019. (Weisberg, Peggy)
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| Filing 26 Letter MOTION for Extension of Time to Complete Discovery by Ralph B. Ciuffetelli. (Disken, Amanda) |
| Filing 25 ANSWER to #1 Complaint,, by All Defendants. (Hallak, Elliott) |
| Filing 24 MOTION for Extension of Time to File Answer by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Hallak, Elliott) |
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ORDER granting #24 defendants' motion for extension of time to file their answer to 10/22/2019. Ordered by Judge Brian M. Cogan on 10/17/2019. (Weisberg, Peggy)
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| Filing 23 Joint MOTION to Withdraw and Dismiss Plaintiff's Third Claim with Prejudice and to Withdraw Defendants' Motion to Dismiss by Ralph B. Ciuffetelli. (Attachments: #1 Exhibit Stipulation) (Disken, Amanda) |
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ORDER granting #23 and terminating #22 as withdrawn. Ordered by Judge Brian M. Cogan on 10/3/2019. (Weisberg, Peggy)
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| Filing 22 MOTION to Dismiss by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Attachments: #1 Memorandum in Support) (Hallak, Elliott) |
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Filing 21
SCHEDULING ORDER/CIVIL CASE MANAGEMENT PLAN is hereby adopted. ( Ordered by Judge Brian M. Cogan on 9/6/2019 ) (Guzzi, Roseann)
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| Email Notification Test - DO NOT REPLY (Layne, Monique) |
| Minute Entry and Order for joint Initial Status Conference and Premotion Conference held on 9/5/2019 before Judge Brian M. Cogan. Counsel for all parties appeared via telephone. The Court adopted the proposed discovery schedule and will enter that Order separately. However, plaintiff must amend its complaint and join any further parties as a matter of course by 10/10/2019. Defendants shall file their motion to dismiss by 9/19/2019. Plaintiff shall file its opposition by 10/3/2019; reply by 10/10/2019. See transcript for details. (Court Reporter: Rivka Teich.) (Weisberg, Peggy) |
| Filing 20 Letter in Response to Defendants' pre-motion letter [Doc. # 19] by Ralph B. Ciuffetelli (Disken, Amanda) |
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SCHEDULING ORDER. Plaintiff is directed to file a detailed response to defendants' #19 letter by 8/28/2019. A Premotion Conference on the anticipated motion to dismiss will be held in conjunction with the Initial Status Conference which is reset to 9/5/2019 at 2:15 pm by telephone. Defendants' counsel is directed to arrange and initiate the call and the parties will jointly call Chambers at 718-613-2230. Ordered by Judge Brian M. Cogan on 8/23/2019. (Weisberg, Peggy)
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| Filing 19 MOTION for pre motion conference by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Hallak, Elliott) |
| Filing 18 Letter (Joint Letter Pursuant to Mandatory Requirements for Initial Status Conference) by Ralph B. Ciuffetelli (Attachments: #1 Exhibit Proposed Civil Case Management Plan) (Disken, Amanda) |
| Filing 17 NOTICE of Appearance by Daniel Robert Lecours on behalf of Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles (aty to be noticed) (Lecours, Daniel) |
| Filing 16 SUMMONS Returned Executed by Ralph B. Ciuffetelli. Sandra M. Pearson served on 7/23/2019, answer due 8/23/2019. (Campanelli, Andrew) |
| Filing 15 SUMMONS Returned Executed by Ralph B. Ciuffetelli. Patrick K. Wiles served on 7/24/2019, answer due 8/23/2019. (Campanelli, Andrew) |
| Filing 14 SUMMONS Returned Executed by Ralph B. Ciuffetelli. Farm Credit East, ACA served on 7/23/2019, answer due 8/23/2019. (Campanelli, Andrew) |
| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint,, by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Hallak, Elliott) |
| Filing 12 NOTICE of Appearance by Elliott A Hallak on behalf of Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles (notification declined or already on case) (Hallak, Elliott) |
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ORDER granting #13 . Defendants' answer due by 8/23/2019. Ordered by Judge Brian M. Cogan on 8/1/2019. (Weisberg, Peggy)
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| Filing 11 APPLICATION #9 for Refund of Fees Paid Electronically APPROVED by August Marziliano, Operations Manager on 7/16/2019. (Marziliano, August) |
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Filing 10
SCHEDULING ORDER: Initial Status Conference is set for 8/28/2019 at 10:45 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 7/15/2019. (Weisberg, Peggy)
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| Filing 9 MOTION for Refund of Fees Paid Electronically by Ralph B. Ciuffetelli. (Disken, Amanda) |
| Filing 8 Summons Issued as to Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Doudalis, Evelyn) |
| Filing 7 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. (Doudalis, Evelyn) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Doudalis, Evelyn) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Doudalis, Evelyn) |
| Filing 5 NOTICE of Appearance by Amanda Rose Disken on behalf of Ralph B. Ciuffetelli (aty to be noticed) (Disken, Amanda) |
| Filing 4 Proposed Summons. by Ralph B. Ciuffetelli (Campanelli, Andrew) |
| Filing 3 Proposed Summons. by Ralph B. Ciuffetelli (Campanelli, Andrew) |
| Filing 2 Proposed Summons. by Ralph B. Ciuffetelli (Campanelli, Andrew) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11659142 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ralph B. Ciuffetelli. (Attachments: #1 Exhibit A- Letter dated June 21, 2017, #2 Exhibit B- July 19, 2017 Denial, #3 Exhibit C- Letter dated November 30, 2017, #4 Exhibit D- Letter dated December 6, 2017, #5 Exhibit E- April 27, 2018 Denial, #6 Exhibit F- Gfeller E-mail Correspondence, #7 Exhibit G- Plaintiff's FOIA, #8 Exhibit H- Defendant FCE's FOIA Denial, #9 Exhibit I- FCA FOIA response, #10 Exhibit J- Agans E-mail Correspondence, #11 Civil Cover Sheet) (Campanelli, Andrew) |
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