Phelps v. Bosco et al
| Frederick H. Phelps |
| Maureen Bosco, Margaret C. Drake, New York State Office of Mental Health, New York State Division of Criminal Justice Services, Federal Bureau of Investigation Criminal Justice Information Services, National Instant Background Check System, United States Department of Justice, Eric Holder and Robert Mueller, III |
| 1:2013cv01510 |
| December 6, 2013 |
| US District Court for the Northern District of New York |
| Albany Office |
| Columbia |
| Christian F Hummel |
| Glenn T Suddaby |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on April 24, 2018. A more recent docket listing may be available from PACER.
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Filing 117
ORDER of USCA as to the #104 Notice of Appeal filed by Frederick H. Phelps. IT IS HEREBY ORDERED that costs are taxed in the amount of $161.40 in favor of Appellees Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services and New York State Office of Mental Health. [Certified Copy Issued on 4/24/2018] (meb)
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Filing 116
MANDATE of USCA as to the #104 Notice of Appeal filed by Frederick H. Phelps, the Judgment of the District Court is hereby AFFIRMED. {Mandate issued on 4/9/2018} (jmb)
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Filing 115
ORDER of USCA: as to #104 Notice of Appeal filed by Frederick H. Phelps, On March 3, 2017, the Court issued a notice, pursuant to Fed. R. App. P. 4(a)(4), staying this appeal due to a pending motion in the district court. The district court having denied the motion in an order dated April 7, 2017, IT IS ORDERED that the stay of this appeal is hereby lifted. Appellant must file a scheduling notification within 14 days of the date of this order. {Certified Copy issued on 4/14/2017} (jmb)
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USCA Case Number 17-627 for #104 Notice of Appeal filed by Frederick H. Phelps. (jmb)
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Filing 114
DECISION AND ORDER denying #103 Plaintiff's Motion for Reconsideration of the Court's Decision and Order dated February 1, 2017. Signed by Chief Judge Glenn T. Suddaby on 4/7/17. (lmw)
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Filing 113
TEXT ORDER denying with prejudice #112 Plaintiff's renewed motion for leave to file a reply of up to 10 pages in length as still lacking a showing of cause. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/27/17. (lmw)
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Filing 112
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting that Your Honor grant plaintiff leave to file reply papers to the Federal Defendants' Response and Opposition to Motion for Reconsideration which would not exceed 10 pages within five (5) days of the Courts decision on this application submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 111
RESPONSE in Opposition re #103 MOTION for Reconsideration re #101 Order on Motion for Summary Judgment,,,,, #102 Judgment, filed by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Declaration)(Riess, Daniel)
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Filing 110
RESPONSE in Opposition re #103 MOTION for Reconsideration re #101 Order on Motion for Summary Judgment,,,,, #102 Judgment, filed by Maureen Bosco, Margaret C. Drake. (Attachments: #1 Memorandum of Law)(Kerwin, Adrienne)
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Filing 109
TEXT ORDER denying #108 Plaintiff's motion for leave to file a reply of up to 10 pages in length. Because Plaintiff's motion is non-dispositive in nature, he is not entitled to file a reply without prior leave of the Court, which requires a showing of cause. Plaintiff's motion lacks such a showing. Defendant's response to the #103 Motion for Reconsideration remains due by 3/20/17. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/6/17. (lmw)
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Filing 108
LETTER BRIEF by Frederick H. Phelps. (Oliver, Lewis)
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Filing 107
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the #104 Notice of Appeal. (jmb)
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Filing 106
TEXT ORDER advising Plaintiff that, in response to #105 his letter-brief of 03/01/2017, the Court does not state either that it would grant #103 his motion for reconsideration or that the motion raises a substantial issue for purposes of FRAP 12.1. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/2/17. (lmw)
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Filing 105
LETTER BRIEF by Frederick H. Phelps. (Oliver, Lewis)
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Filing 104
NOTICE OF APPEAL as to #101 Order on Motion for Summary Judgment,,,,, #102 Judgment, by Frederick H. Phelps. Filing fee $ 505, receipt number 0206-3941704. (Oliver, Lewis)
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TEXT NOTICE of Hearing on #103 MOTION for Reconsideration re #101 Order on Motion for Summary Judgment: Motion Hearing set for 4/6/2017 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 3/20/2017. (lmw)
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Filing 103
MOTION for Reconsideration re #101 Order on Motion for Summary Judgment,,,,, #102 Judgment, Motion Hearing set for 4/6/2017 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 3/20/2017 filed by Frederick H. Phelps. (Attachments: #1 Affirmation, #2 Memorandum of Law) (Oliver, Lewis)
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Filing 102
JUDGMENT in favor of Federal Bureau of Investigation Criminal Justice Information Services, National Instant Background Check System, New York State Division of Criminal Justice Services, New York State Office of Mental Health, United States Department of Justice, Eric Holder, Margaret C. Drake, Maureen Bosco, Robert Mueller, III against Frederick H. Phelps. Defendants' motions for summary judgment are granted, and Plaintiff's complaint is dismissed. (lmw)
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Filing 101
DECISION AND ORDER granting #79 Federal Defendants' Motion for Summary Judgment; granting #81 State Defendants' Motion for Summary Judgment; and denying #94 Plaintiff's Cross-Motion for Summary Judgment against the State Defendants. The Plaintiffs complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 2/1/17. (lmw)
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Filing 100
REPLY to Response to Motion re #81 MOTION for Summary Judgment filed by Frederick H. Phelps. (Oliver, Lewis)
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Filing 99
CERTIFICATE OF SERVICE by Maureen Bosco, Margaret C. Drake re #98 Reply to Response to Motion, (Kerwin, Adrienne)
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Filing 98
REPLY to Response to Motion re #94 MOTION for Summary Judgment , #81 MOTION for Summary Judgment and Opposition to Cross-Motion filed by Maureen Bosco, Margaret C. Drake. (Attachments: #1 Declaration of Margaret Drake, #2 Statement of Material Facts Response, #3 Memorandum of Law)(Kerwin, Adrienne)
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Filing 97
REPLY to Response to Motion re #79 MOTION for Summary Judgment and Response re #94 Plaintiff's Cross-Motion for Summary Judgment filed by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Statement of Material Facts)(Riess, Daniel)
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Filing 96
TEXT ORDER granting in part and denying in part #95 Defendants' Letter Request for an extension to file a response to #94 Plaintiff's Cross-Motion for Summary Judgment and Reply to their MOTION for Summary Judgment: Defendants' Response to Cross-Motion/Reply to Motions due by 1/19/2017. Defendants are granted permission to file an oversized memorandum of law not to exceed thirty-five (35) pages in length. Plaintiff is granted permission to file a Reply brief not to exceed ten (10) pages in length to Defendants' Response to his Cross-Motion for Summary Judgment which is due on or before 1/26/2017. THIS IS A FINAL EXTENSION. NO FURTHER EXTENSIONS WILL BE GRANTED. If this case survives the motions for summary judgment, counsel should be prepared to start trial in the end of March. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/6/17. (lmw)
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Filing 95
Letter Motion from Adrienne J. Kerwin for Maureen Bosco, Margaret C. Drake requesting extension of time to reply and respond to cross-motion and for permission to file a memorandum of law not to exceed 40 pages submitted to Judge Suddaby . (Kerwin, Adrienne)
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Filing 94
CROSS-MOTION for Summary Judgment filed by Frederick H. Phelps. (Attachments: #1 Affirmation of Lewis B. Oliver, Jr., #2 Plaintiff's 7.1 Statement Responding to the State Defendants, #3 Plaintiff's 7.1 Statement Responding to the Federal Defendants, #4 Affidavit of Frederick H. Phelps, #5 Transcript Deposition of Bosco, #6 Transcript Deposition of Drake, #7 Exhibit(s) Defendant Drake's Response to Plaintiff's Supplemental Interrogatories, #8 Transcript Deposition of Allen, #9 Transcript Deposition of Phelps, #10 Memorandum of Law) (Oliver, Lewis)
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TEXT NOTICE re: #94 Plaintiff's CROSS-MOTION for Summary Judgment: Defendants' response to cross-motion due by 1/9/17, and Defendants' reply to response to #79 MOTION for Summary Judgment and #81 MOTION for Summary Judgment also due by 1/9/2017. (lmw)
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Filing 93
TEXT ORDER granting #92 Plaintiff's Letter Request for an extension to respond to #79 MOTION for Summary Judgment and #81 MOTION for Summary Judgment: Motion Hearing set for 1/12/2017 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Plaintiff's Response to Motions due by 12/12/2016. Defendants' Reply to Response to Motion due by 1/9/2017. If this case survives the motions for summary judgment, it is still the Court's intention to schedule trial in March, 2017. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/28/16. (lmw)
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Filing 92
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting an extension of time within which to file plaintiffs papers in opposition to defendants' motions for summary judgment in the aboveentitled matter until December 12, 2016 due to extraordinary circumstances submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 91
TEXT ORDER granting in part and denying in part #89 Defendant's Letter Request and #90 Plaintiff's letter request for an extension to file responses/replies to the #79 MOTION for Summary Judgment and #81 MOTION for Summary Judgment. Motion Hearing is rescheduled for 1/5/2017 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Plaintiff's Response to Motion due by 12/2/2016. Defendants' Reply to Response to Motion due by 12/30/2016. This case is almost three years old, and it is the Court's intention at this time, if this case survives the motions for summary judgment, to schedule trial in this matter for March, 2017. As such, this is a final extension. No further extensions will be granted without good cause shown. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/31/16. (lmw)
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Filing 90
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting to join in the application by Adrienne J. Kerwin, Esq., Assistant Attorney General, dated October 27, 2016 for an adjournment of the return date and adjustment of the schedule for submitting papers on the motion for summary judgment submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 89
Letter Motion from Adrienne J. Kerwin for Maureen Bosco, Margaret C. Drake requesting extension of return date with briefing schedule submitted to Judge Suddaby on behalf of all parties. (Kerwin, Adrienne)
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Filing 88
TEXT ORDER granting #87 Plaintiff's Letter Request for an extension to respond to the #79 MOTION for Summary Judgment , and #81 MOTION for Summary Judgment: Motion Hearing rescheduled for 12/1/2016 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 11/11/2016. Reply to Response to Motion due by 11/17/2016. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/6/16. (lmw)
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Filing 87
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting motion hearing date for the summary judgment motion pending before Your Honor be adjourned until December 1, 2016 submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 86
***SEALED DOCUMENT: Sealed Exhibit D to #81 Motion for Summary Judgment - Affirmation of Adrienne Kerwin. (lmw)
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Filing 85
TEXT ORDER granting #84 Defendants' Letter Request to file Exhibit D to the affirmation of Adrienne Kerwin under seal until further order of this Court. Defense counsel is directed to email the exhibit to Lori_Welch@nynd.uscourts.gov for filing under seal. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/4/16. (lmw)
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Filing 84
Letter Motion from Adrienne J. Kerwin for Maureen Bosco, Margaret C. Drake requesting permission to file an exhibit under seal submitted to Judge Suddaby . (Kerwin, Adrienne)
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TEXT NOTICE of Hearing on #79 MOTION for Summary Judgment and #81 MOTION for Summary Judgment : Motion Hearing set for 11/3/2016 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 10/17/2016. Reply to Response to Motion due by 10/24/2016. (lmw)
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CLERK'S CORRECTION OF DOCKET ENTRY: the Clerk replaced attachment # 2 Exhibit(s) C-S to Kerwin aff., to the #81 Motion for Summary Judgment. The previous entry had an "Out of Memory" error. The Clerk will have the NEF regenerated for this attachment to ensure opposing counsel receives service through CM/ECF. (jmb)
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Filing 83
CERTIFICATE OF SERVICE by Maureen Bosco, Margaret C. Drake re #82 Medical Records filed, #81 MOTION for Summary Judgment (Kerwin, Adrienne)
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Filing 82
Medical Records filed by Maureen Bosco, Margaret C. Drake. (Kerwin, Adrienne)
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Filing 81
MOTION for Summary Judgment Motion Hearing set for 11/3/2016 09:30 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 10/17/2016 Reply to Response to Motion due by 10/24/2016. filed by Maureen Bosco, Margaret C. Drake. (Attachments: #1 Affirmation of Adrienne J. Kerwin, #2 Exhibit(s) C-S to Kerwin aff., #3 Declaration of John B. Allen, Jr., #4 Exhibit(s) A to Allen decl., #5 Declaration of Maureen Bosco, #6 Exhibit(s) A to Bosco decl., #7 Declaration of Margaret C. Drake, #8 Exhibit(s) A-E to Drake decl., #9 Statement of Material Facts, #10 Memorandum of Law) (Kerwin, Adrienne) (Attachment 2 replaced on 9/30/2016) (jmb, ).
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Filing 80
Medical Records filed by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Riess, Daniel)
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Filing 79
MOTION for Summary Judgment Motion Hearing set for 11/3/2016 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 10/17/2016 Reply to Response to Motion due by 10/24/2016. filed by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Motion, #2 Memorandum of Law, #3 Statement of Material Facts, #4 Declaration) (Riess, Daniel)
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Filing 78
TEXT ORDER granting #77 Defendants' Letter Request to file an oversized memorandum of law in support of their motion for summary judgment, not to exceed 40 pages in length. SO ORDERED by Chief Judge Glenn T. Suddaby on 9/27/16. (lmw)
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Filing 77
Letter Motion from Adrienne J. Kerwin for Maureen Bosco, Margaret C. Drake requesting permission to file a memorandum of law up to 40 pages submitted to Judge Hummel . (Kerwin, Adrienne)
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Filing 76
TEXT ORDER: As set forth on the record during the Discovery Hearing held on September 14, 2016, Plaintiff's letter motion [Dkt. No. 66] was addressed and is considered satisfied after hearing arguments from counsel and this Court's ruling. Plaintiff is permitted to serve limited additional Interrogatories to Defendant, by e-mail on or before 9/19/2016. Defendants are directed to respond to the Interrogatories on or before 9/22/2016. The Motion Filing deadline remains set at 9/29/2016. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 9/15/2016. (tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 9/14/2016. Appearances by Lewis B. Oliver, Jr., Esq. for the Plaintiff; Colleen Galligan, Esq. for the State Defendants. (No appearances or the Federal defendants) Discovery issued addressed on the record. Text Order to be issued. No deadlines are extended. (Court Reporter Lisa Tennyson) (tab)
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Filing 75
LETTER BRIEF by Frederick H. Phelps. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D)(Oliver, Lewis)
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Filing 74
RESPONSE in Opposition re #66 Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting intervention of the Court with regard to discovery submitted to Judge Hon. Christian F. Hummel and in Support of Defendants' Motion to Compel #70 filed by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health. (Attachments: #1 Exhibit(s) A (Drake Dep), #2 Exhibit(s) B (Plaintiff's Dep))(Galligan, Colleen)
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Filing 73
TEXT ORDER re #66 Letter Motion from Lewis B. Oliver Jr. Esq., #70 Letter Motion from Colleen Galligan, AAG, #72 Letter Motion from Adrienne J. Kerwin, AAG and #68 Response in Opposition to Motion. A Discovery Hearing has been set for Wednesday, 9/14/2016 @ 11:30 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel are advised that they are to obtain the deposition transcripts, referenced in the above noted documents, before the conference. Counsel are also reminded that this case has been pending since 2013. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 9/7/2016. (tab)
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Filing 72
Letter Motion from Adrienne J. Kerwin for Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health requesting stay of dispositive motion date submitted to Judge Hummel . (Kerwin, Adrienne)
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Filing 71
TEXT ORDER granting #70 Letter Request to also address the discovery dispute outlined in Dkt No. 70 after plaintiff's deposition transcripts are received. Authorized by Magistrate Judge Christian F. Hummel on 8/15/2016. (tab)
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Filing 70
Letter Motion from Colleen Galligan for Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health requesting assistance resolving a discovery dispute submitted to Judge Hummel . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Galligan, Colleen)
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Filing 69
TEXT ORDER deferring ruling on #66 Letter Request to schedule a Discovery hearing. Defendant is directed to file a full response to Plaintiff's letter motion [Dkt No.66] after receipt of the transcript, as requested. Once a response is filed by Defendant, the undersigned will promptly schedule a court conference on the matter. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 8/11/16. (tab)
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Filing 68
RESPONSE in Opposition re #66 Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting intervention of the Court with regard to discovery submitted to Judge Hon. Christian F. Hummel seeking an opportunity to fully respond after receipt of transcript filed by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health. (Galligan, Colleen)
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Filing 67
NOTICE of Appearance by Colleen D. Galligan on behalf of Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health (Galligan, Colleen)
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Filing 66
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting intervention of the Court with regard to discovery submitted to Judge Hon. Christian F. Hummel . (Oliver, Lewis)
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Filing 65
TEXT ORDER resetting deadlines. Discovery to be completed by 7/29/2016. Dispositive Motions to be filed by 9/29/2016. Counsel are advised that no further extension requests will be entertained. Authorized by Magistrate Judge Christian F. Hummel on 5/31/16. (tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 5/31/2016. Appearances by Lewis B. Oliver, ESq. for plaintiff, Adrienne Kerwin, AAG for the State Defendants, Daniel Riess, AUSA for the Federal Defendants (by telephone). Discovery issues discussed. deadlines extended. Text Order resetting deadlines to follow. (Court Reporter FTR Recorded) (tab)
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Filing 64
TEXT ORDER granting #62 Letter Request to reschedule discovery hearing. The Discovery Hearing has been reset for Tuesday, 5/31/2016 @ 11:30 AM in Albany before Magistrate Judge Christian F. Hummel. As previously offered, non-local counsel are permitted to appear via teleconference and are directed to dial into 1-888-363-4749, enter access code 9496322 and security code 1234 to join the conference. Authorized by Magistrate Judge Christian F. Hummel on 5/17/16. (tab)
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Filing 63
LETTER BRIEF regarding discovery conference by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Riess, Daniel)
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Filing 62
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting that the discovery conference scheduled for 9:30 AM on Friday, May 20, 2016 be rescheduled submitted to Judge Hon. Christian F. Hummel . (Oliver, Lewis)
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Filing 61
TEXT ORDER granting #60 Letter Request for a Discovery Conference. A Discovery Hearing has been set for Friday, 5/20/2016 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 5/13/16. (tab)
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Filing 60
Letter Motion from Adrienne J. Kerwin for Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health requesting discovery conference submitted to Judge Hummel . (Kerwin, Adrienne)
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Filing 59
TEXT ORDER granting in part and denying in part #58 Letter Request to extend deadlines. Deadlines are extended for a period of 90 days and are reset as follows: Discovery NOW due by 6/6/2016. Motions to be filed by 8/8/2016. Authorized by Magistrate Judge Christian F. Hummel on 2/29/16. (tab)
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Filing 58
Letter Motion from Lewis B. Oliver Jr. Esq. for Frederick H. Phelps requesting an extension of time within which to complete discovery for a period of four (4) months to July 7, 2016 submitted to Judge Hon. Christian F. Hummel . (Oliver, Lewis)
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Filing 57
STATUS REPORT by Frederick H. Phelps. (Oliver, Lewis)
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Filing 56
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 8/7/2015. Amended Pleadings due by 8/7/2015. Discovery due by 3/7/2016. Motions to be filed by 5/9/2016. Status Report due by 12/21/2015. Signed by Magistrate Judge Christian F. Hummel on 5/15/15. (cjm, ) (Main Document 56 replaced on 5/15/2015) (cjm, ).
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on 5/15/2015. Appearances: Lewis Oliver, Jr. Esq., Adrienne Kerwin, AAG, Daniel Riess, AUSA, Cathleen Clark, AUSA. Deadlines set for the progression of the case. (cjm, )
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Filing 55
JOINT CIVIL CASE MANAGEMENT PLAN by Frederick H. Phelps. (tab)
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Filing 54
TEXT ORDER granting [Docket No 53] Letter Request, Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/8/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Authorized by Magistrate Judge Christian F. Hummel on 4/22/15. (cjm, )
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Filing 53
Letter Motion from Lewis B. Oliver, Jr., Esq. for Frederick H. Phelps requesting that the Court extend the time within which the parties may file the Civil Case Management Plan and comply with Mandatory Disclosure under FRCP 26 submitted to Judge Christian F. Hummel . (Oliver, Lewis) (Additional attachment(s) added on 4/22/2015: #1 Draft civil case management plan) (cjm, ).
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Filing 52
ANSWER to #1 Complaint, by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Certificate of Service)(Riess, Daniel)
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Filing 51
CERTIFICATE OF SERVICE by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health re #50 Answer to Complaint (Kerwin, Adrienne)
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Filing 50
ANSWER to #1 Complaint, by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health.(Kerwin, Adrienne)
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TEXT ORDER granting [Docket No 49] Letter Request to ADJOURN Initial Rule 16 Conference presently set for April 24, 2015 until May 15, 2015 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel.Authorized by Magistrate Judge Christian F. Hummel on 4/9/15. (cjm, )
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Filing 49
Unopposed Letter Motion from Daniel Riess for Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice requesting adjournment of Rule 16 conference until May 15 submitted to Judge Christian F. Hummel . (Attachments: #1 Certificate of Service)(Riess, Daniel)
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Filing 48
ORDER granting [Docket No 47] Letter Request. Rule 16 conference has been scheduled for 4/24/2015 at 11:30 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 4/2/15. Authorized by Magistrate Judge Christian F. Hummel on 5/2/15. (cjm, )
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Filing 47
Letter Motion from Lewis Oliver for Frederick H. Phelps requesting Rule 16 conference submitted to Judge Hummel. (cjm, )
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Filing 46
TEXT ORDER, ( Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/14/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Initial Conference set for 4/24/2015 at 11:30 AM in Albany before Magistrate Judge Christian F. Hummel.Authorized by Magistrate Judge Christian F. Hummel on 4/2/15. (cjm, )
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Filing 45
DECISION & ORDER granting in part and denying in part #7 State Defendants' Motion to Dismiss for Failure to State a Claim as set forth in Part III.A. of this Decision and Order; denying #17 Federal Defendants' Motion to Dismiss for Failure to State a Claim. All of the claims in Plaintiffs Complaint (Dkt. No. 1) are dismissed except for the following claims, which SURVIVE Defendants motions: (1) Plaintiffs first claim (i.e., under 18 U.S.C. 925A) to the extent that (a) it is asserted against the Federal Defendants and requests injunctive or declaratory relief, or (b) it is asserted against Defendants Drake and Bosco in their official capacities and requests injunctive or declaratory relief; (2) Plaintiffs second claim (i.e., under 42 U.S.C. 1983 and the Second Amendment) to the extent that it is asserted against Defendant Bosco in her individual capacity and requests monetary relief; and (3) Plaintiffs third claim (i.e., under 42 U.S.C. 1983 and the Second Amendment) to the extent that (a) it is asserted against Defendants Drake and Bosco in their individual capacities (regardless the relief requested), or (b) it is asserted against Defendants Drake and Bosco in their official capacities and requests injunctive relief. Defendants are directed to file an answer to the Plaintiff's Complaint within 14 days of the date of this Decision & Order pursuant to Fed.R.Civ.P. Rule 12(a)(4)(a), and this case is referred back to Magistrate Judge Hummel for the setting of pretrial scheduling deadlines. Signed by Judge Glenn T. Suddaby on 3/26/15. (lmw)
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Filing 44
TEXT ORDER directing that the Unredacted Exhibit 1 to #23 Federal Defendants Reply be filed on the docket as a sealed document, and it is ordered that Document #43 , unredacted exhibit 1, be sealed until further order of this Court. Authorized by Judge Glenn T. Suddaby on 3/2/15. (lmw)
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Filing 43
***SEALED DOCUMENT: Unredacted Exhibit 1 to #23 Federal Defendants' Reply to #17 Motion to dismiss. (lmw)
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Filing 42
Text ORDER granting [Dkt #40] Letter Request to adjourn Rule 16 conference pending a decision on Dispositive Motion before District Judge Glenn T. Suddaby. Parties are to notify Judge Hummel's chambers immediately upon decision if the case survives the motion and a Rule 16 conference will be immediately scheduled. Authorized by Magistrate Judge Christian F. Hummel on 12/5/14. (cjm, )
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Filing 41
LETTER BRIEF by Frederick H. Phelps. (Oliver, Lewis)
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Filing 40
Letter Motion from Daniel Riess for Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice requesting to adjourn initial Rule 16 conference presently scheduled for 12/8/14 at 9:00 am submitted to Judge Hummel . (Attachments: #1 Certificate of Service)(Riess, Daniel)
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Filing 39
LETTER BRIEF by Frederick H. Phelps. (Oliver, Lewis)
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Filing 38
LETTER BRIEF by Frederick H. Phelps. (Oliver, Lewis)
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Filing 37
TEXT ORDER granting in part and denying in part #35 Plaintiff's letter request. Plaintiff's request for leave to file "additional or substituted sur-reply papers" is denied on each of two alternative grounds: (1) the request is unsupported by a showing of cause (especially given Plaintiff's indication, in Dkt. No. #29 , that he was aware of what information was redacted in the Federal Defendants' Exhibit 1, and his argument, in Dkt. No. #35 , that the incident referenced in Exhibit 1 is "irrelevant to this litigation"); and (2) in any event, Plaintiff has already had the benefit of filing such additional sur-sur reply papers by including additional legal arguments in his request. As for Plaintiff's request that the Court provide him with an unredacted copy of the Federal Defendants' Exhibit 1, that request is granted, provided that Plaintiff's counsel represents to the Federal Defendants that Plaintiff has authorized the transmittal of his protected health information by the Federal Defendants to his counsel. Authorized by Judge Glenn T. Suddaby on 10/29/14. (lmw)
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Filing 36
LETTER BRIEF by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Riess, Daniel)
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Filing 35
Letter Motion from Lewis B. Oliver, Jr., Esq. for Frederick H. Phelps requesting that the Court provide the unredacted copies of the Federal defendants Exhibit 1 which are being submitted for in-camera review [see Text Order, Docket Entry #34] to the plaintiff and allow plaintiff to submit additional or substituted sur-reply papers within 10 days of receipt of the unredacted documents in the exhibits submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 34
TEXT ORDER granting #33 Letter Request and directing Attorney Riess to forward via email an unredacted copy of Exhibit 1 to Docket #23 REPLY to Response to Motion re 17 MOTION to Dismiss and a copy as redacted by the County Attorney's office to the Court's Courtroom deputy at Lori_Welch@nynd.uscourts.gov. Authorized by Judge Glenn T. Suddaby on 10/21/14. (lmw)
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Filing 33
LETTER MOTION by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Riess, Daniel)
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Filing 32
TEXT ORDER granting [Dkt #31] Letter Request adjourning and rescheduling R 16 conference from 10/30/14 at 9:00 am until 12/8/2014 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel.in light of the dispositive motion pending before Judge Suddaby. Parties are to notify the chambers of Judge Hummel upon decision of Judge Suddaby if the conference is no longer neeeded. Signed by Magistrate Judge Christian F. Hummel on 10/20/14. (cjm, )
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Filing 31
LETTER Motion by Frederick H. Phelps. (Oliver, Lewis)
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Filing 30
CERTIFICATE OF SERVICE by Frederick H. Phelps re #29 Affidavit in Opposition to Motion (Oliver, Lewis)
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TEXT NOTICE to Attorney Oliver, re: #29 Sur-Reply Affidavit in Opposition to Motion. Please electronically file proof of service of the above document. (see)
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Filing 29
Sur-Reply AFFIDAVIT in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by Frederick H. Phelps. (Attachments: #1 Exhibit(s))(Oliver, Lewis)
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Filing 28
TEXT ORDER granting in part #26 Letter Request to the extent that the R.16 Initial Conference which was set for 9/4/2014 has been ADJOURNED AND RESCHEDULED for 10/30/2014 at 09:00 AM in Albany before Magistrate Judge Christian F. Hummel in light of the dispositive motion pending before District Judge Suddaby. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/23/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel are to contact Judge Hummel's chambers in the event the R. 16 conference is no longer necessary upon decision by District Judge Suddaby. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 8/26/14. (aaf, )
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Filing 27
CERTIFICATE OF SERVICE by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health re #26 Letter Motion from Adrienne Kerwin for Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health requesting adjournment of Rule 16 conference submitted to Judge Hummel (Kerwin, Adrienne)
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Filing 26
Letter Motion from Adrienne Kerwin for Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health requesting adjournment of Rule 16 conference submitted to Judge Hummel . (Kerwin, Adrienne)
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Filing 25
TEXT ORDER granting #24 Plaintiff's Letter Request to file sur-reply papers in opposition to the Federal defendants' motion to dismiss not to exceed 10 pages in length to be filed no later than 10/15/14. Authorized by Judge Glenn T. Suddaby on 8/13/14. (lmw)
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Filing 24
Letter Motion from Lewis B. Oliver, Jr., Esq. for Frederick H. Phelps requesting permission to file sur-reply papers in opposition to the Federal defendants motion to dismiss submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 23
REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Redacted Exhibits, #2 Certificate of Service)(Riess, Daniel)
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Filing 22
TEXT ORDER granting #21 Defendants' Letter Request for an extension to file a reply to its #17 Motion to dismiss until 8/4/14. Authorized by Judge Glenn T. Suddaby on 7/16/14. (lmw)
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Filing 21
Unopposed Letter Motion from Daniel Riess for Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice requesting a two week extension submitted to Judge Glenn T. Suddaby . (Attachments: #1 Certificate of Service)(Riess, Daniel)
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Filing 20
RESPONSE in Opposition re #17 MOTION to Dismiss for Failure to State a Claim filed by Frederick H. Phelps. (Attachments: #1 Memorandum of Law)(Oliver, Lewis)
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Filing 19
Unopposed Letter Motion from Daniel Riess for Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice requesting a two-week extension submitted to Judge Glenn T. Suddaby . (Attachments: #1 Certificate of Service)(Riess, Daniel)
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TEXT ORDER granting #19 Federal Defendants' Letter Request for an extension to file a reply to their #17 MOTION to Dismiss for Failure to State a Claim until 7/21/2014. Authorized by Judge Glenn T. Suddaby on 5/27/14. (lmw)
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Filing 18
TEXT ORDER: Initial Rule 16 Conference presently set for 5/20/14 at 10:00 am is reset for 9/4/2014 at 9:30 AM in Albany before Magistrate Judge Christian F. Hummel in light of the Dispositive Motion pending before Judge Glenn T. Suddaby. Counsel are to contact Judge Hummel's chambers if a Rule 16 conference is no longer needed upon decision of the District Judge. Authorized by Magistrate Judge Christian F. Hummel on 5/7/14 (cjm, )
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TEXT NOTICE of Hearing on #17 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 7/17/2014 on submit before Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 6/30/2014. Reply to Response to Motion due by 7/7/2014. (lmw)
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Filing 17
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/17/2014 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 6/30/2014 Reply to Response to Motion due by 7/7/2014. filed by Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice. (Attachments: #1 Memorandum of Law, #2 Exhibit(s), #3 Certificate of Service) (Riess, Daniel)
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Filing 16
TEXT ORDER granting #15 Letter Request. Answer deadlines extended as follows: Federal Bureau of Investigation Criminal Justice Information Services answer due 4/28/2014; Eric Holder answer due 4/28/2014; Robert Mueller, III answer due 4/28/2014; National Instant Background Check System answer due 4/28/2014; United States Department of Justice answer due 4/28/2014. Authorized by Magistrate Judge Christian F. Hummel on 4/16/14. (aaf, )
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Filing 15
Unopposed Letter Motion from Daniel Riess for Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice requesting a one week extension submitted to Judge Glenn T. Suddaby . (Attachments: #1 Certificate of Service)(Riess, Daniel)
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Filing 14
RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Frederick H. Phelps. (Attachments: #1 Memorandum of Law)(Oliver, Lewis)
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Filing 13
TEXT ORDER Resetting Initial Rule 16 Conference presently set for 4/2/14 until 5/20/2014 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel in light of the Dispositive Motion pending before Judge Glenn T. Suddaby. Counsel are to contact Judge Hummel's chambers if a Rule 16 conference is no longer needed upon decision of the District Judge. Signed by Magistrate Judge Christian F. Hummel on 3/25/14. (cjm, )
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Filing 12
TEXT ORDER granting #11 Letter Request for an extension of time to respond to the #7 MOTION to Dismiss for Failure to State a Claim : Motion Hearing rescheduled for 4/17/2014 on submit before Judge Glenn T. Suddaby. Response to Motion due by 3/31/2014. Reply to Response to Motion due by 4/7/2014. Authorized by Judge Glenn T. Suddaby on 3/18/14. (lmw)
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Filing 11
Letter Motion from Lewis B. Oliver, Jr., Esq. for Frederick H. Phelps requesting an adjournment of the motion to dismiss by the defendants submitted to Judge Hon. Glenn T. Suddaby . (Oliver, Lewis)
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Filing 10
TEXT ORDER granting [Dkt #9] Letter Request Federal Bureau of Investigation Criminal Justice Information Services answer due 4/21/2014; Eric Holder answer due 4/21/2014; Robert Mueller, III answer due 4/21/2014; National Instant Background Check System answer due 4/21/2014; New York State Office of Mental Health answer due 4/21/2014; United States Department of Justice answer due 4/21/2014. Authorized by Magistrate Judge Christian F. Hummel on 3/13/14. (cjm, )
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Filing 9
Letter Motion from Charles E. Roberts for Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, United States Department of Justice requesting a two week extension submitted to Judge Christian F. Hummel . (Attachments: #1 certificate of service)(Roberts, Charles)
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TEXT NOTICE of Hearing on #7 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 4/3/2014 on submit before Judge Glenn T. Suddaby. Response to Motion due by 3/17/2014. Reply to Response to Motion due by 3/24/2014. (lmw)
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Filing 8
CERTIFICATE OF SERVICE by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health re #7 MOTION to Dismiss for Failure to State a Claim (Kerwin, Adrienne)
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Filing 7
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/3/2014 09:30 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 3/17/2014 Reply to Response to Motion due by 3/24/2014. filed by Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, New York State Office of Mental Health. (Attachments: #1 Memorandum of Law) (Kerwin, Adrienne)
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Filing 6
TEXT ORDER granting [Dkt #4] Letter Request to adjourn Rule 16 Initial conference presently scheduled for 3/12/14 at 10:30 am. The Initial Rule 16 Conference is reset for 4/2/2014 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 2/25/14. (cjm, )
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***Answer deadline updated for Maureen Bosco, Margaret C. Drake, New York State Division of Criminal Justice Services, and New York State Office of Mental Health to 2/27/2014. Answer deadline updated for Federal Bureau of Investigation Criminal Justice Information Services, Robert Mueller, III, National Instant Background Check System, Eric Holder and United States Department of Justice to 4/7/2014. (jmb)
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Filing 5
AFFIDAVIT of Service for Summons and Complaint on February 6, 2014, filed by Frederick H. Phelps. (Oliver, Lewis)
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Filing 4
Letter Motion from Lewis B. Oliver, Jr., Esq. for Frederick H. Phelps requesting that the initial Rule 16 conference be adjourned submitted to Judge Hon. Christian F. Hummel . (Oliver, Lewis)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 3/12/2014 at 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan due by 3/5/2014. (jmb)
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Filing 2
Summons Issued as to Maureen Bosco. (Attachments: #1 Summons issued for Margaret C. Drake, #2 Summons issued for NYS Office of Mental Health, #3 Summons issued for the NYS Division of Criminal Justice Services, #4 Summons issued for the Federal Bureau of Investigation, #5 Summons issued for National Instant Background Check, #6 Summons issued for the United States Department of Justice, #7 Summons issued for Eric Holder, AG, #8 Summons issued for Robert Mueller, III) (jmb)
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Filing 1
COMPLAINT WITH JURY DEMAND: against Maureen Bosco, Margaret C. Drake, Federal Bureau of Investigation Criminal Justice Information Services, Eric Holder, Robert Mueller, III, National Instant Background Check System, New York State Division of Criminal Justice Services, New York State Office of Mental Health, United States Department of Justice (Filing fee $400 receipt number 0206-2781484) filed by Frederick H. Phelps. (Attachments: #1 Supporting Exhibits, #2 Civil Cover Sheet) (jmb)
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