Bjelobrk et al v. Suffolk County et al
| Matthew D. Bjelobrk and Jay Veronko |
| Suffolk County, Suffolk County Police Department,, Suffolk County Department of Human Resources, Personnel and Civil Service and Suffolk County Police Department |
| 2:2023cv08811 |
| November 30, 2023 |
| U.S. District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 9 Letter MOTION for pre motion conference re #1 Complaint, to move for dismissal pursuant to Rule 12(b)(6), and response to Court's January 10, 2024 order at DE 8 by Suffolk County, Suffolk County Department of Human Resources, Personnel and Civil Service, Suffolk County Police Department. (Solon, Leland) |
Filing 8
SCHEDULING ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #7 , as the Court's scheduling order required by Rule 16(b). Given the significant time afforded by these deadlines, any extensions are unlikely in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 1/10/2024. (KM)
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ORDER: The Court notes that Defendants have indicated in the parties' joint letter, see ECF No. #7 , that Defendants intend to file a motion to stay this action while the related state court action is pending. Defendants shall file a letter, no longer than five pages, that discusses whether the case should be stayed on or before January 24, 2024. Additionally, in light of Defendants' contention that Defendants did not calculate Plaintiffs' pensions, and therefore to the extent there is liability under USERRA related to the calculation of Plaintiffs' pensions' amounts the appropriate party is the Office of the New York State Comptroller, Defendants should provide support for why Plaintiffs' pension' claims should or should not be dismissed for failure to state a claim. Plaintiffs shall file a responsive letter, no longer than five pages, on or before February 7, 2024. Ordered by Judge Hector Gonzalez on 1/10/2024. (KM)
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| Filing 7 Letter Joint Party Letter to Judge by Matthew D. Bjelobrk, Jay Veronko (Attachments: #1 Proposed Order Case Management Plan) (Negron, Raymond) |
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ORDER: The Court grants in part and denies in part Defendants' motion for an extension of time, see ECF No. #6 , and Defendants shall file an answer or otherwise respond to Plaintiffs' complaint on or before February 1, 2024. However, the parties' deadline to file the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #5 , remains January 9, 2024, because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 12/21/2023. (PN)
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| Filing 6 Letter MOTION for Extension of Time to File Answer re #5 Scheduling Order,,,, #1 Complaint, and extension of time to file joint letter and case management plan by Suffolk County, Suffolk County Department of Human Resources, Personnel and Civil Service, Suffolk County Police Department. (Solon, Leland) |
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Filing 5
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by January 9, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 12/7/2023. (KM)
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| Filing 4 SUMMONS Returned Executed by Matthew D. Bjelobrk, Jay Veronko. Suffolk County served on 12/5/2023, answer due 12/26/2023; Suffolk County Department of Human Resources, Personnel and Civil Service served on 12/5/2023, answer due 12/26/2023; Suffolk County Police Department served on 12/5/2023, answer due 12/26/2023. (Attachments: #1 Supplement Letter to Judge per his Order 12-5-2023) (Negron, Raymond) |
| Filing 3 Summons Issued as to All Defendants. (CL) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Judge Hector Gonzalez. 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. (CL) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before December 21, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 12/4/2023. (KM)
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| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Matthew D. Bjelobrk, Jay Veronko. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 No Fee Letter) (Negron, Raymond) |
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