Chase v. Correctional Medical Care, Inc. et al
| Sharon Chase |
| Jane Doe Number One, Jane Doe Number Two, John/Jane Does 3-5, County of Schenectady, Dominic D'Agostino, John/Jane Does 6-10, Maria Carpio, Russell Fricke, Jean Bradt, Joan Killeen, Crystal Tryon and Patricia Craft |
| David R. Homer |
| Correctional Medical Care, Inc. |
| Emre Umar and Jim Barrett |
| 1:2014cv00474 |
| April 24, 2014 |
| US District Court for the Northern District of New York |
| Albany Office |
| Schenectady |
| Therese Wiley Dancks |
| David N Hurd |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2016. A more recent docket listing may be available from PACER.
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Filing 106
NOTICE by Sharon Chase re #103 Judgment Notice of Filing of Petition for Distribution, with Certificate of Service (Attachments: #1 Exhibit(s) A -- Filing Receipt)(Keach, Elmer)
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Filing 105
STIPULATION & ORDER OF DISCONTINUANCE with prejudice as against deft Russell Fricke, M.D., only, without costs to any party as against another. Signed by Judge David N. Hurd on 2/29/2016. (see)
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Filing 104
STIPULATION Of Discontinuance as against Russell Fricke, MD Only by Russell Fricke submitted to Judge David N. Hurd. (Casey, Molly)
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Filing 103
JUDGMENT in favor of pltf against defts, pursuant to the #102 Decision & Order of the Honorable David N. Hurd. (see)
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Filing 102
DECISION & ORDER that pltf's #95 Motion for court approval of wrongful death settlement is GRANTED; Sharon Chase, as Administratrix of the estate of Nicole Carmen, is authorized to accept the sum of Four Hundred Twenty Five Thousand Dollars ($425,000.00) in full settlement for personal injuries sustained by decedent Sharon Chase in this action. The Administratrix is further authorized to execute and deliver to the defendants a release for all claims asserted, or that could have been asserted in this litigation; the application of the plaintiffs attorney for attorneys fees and expenses is GRANTED. Plaintiffs attorney is awarded $9,197.38 as reimbursement for litigation expenses, and $138,462.27 in attorneys fees, pursuant to the terms of the Estates retainer with plaintiffs attorney. Plaintiffs attorney shall not seek any further attorneys fees for work concluding the administration of decedent Nicole Carmens estate. If additional legal representation is required in the Schenectady County Surrogates Court other than plaintiffs attorney, it shall be addressed and approved by the Schenectady County Surrogates Court as an expense of the Estate; the remaining share of the settlement, $277,340.35, shall be paid to the Estate of Nicole Carmen, the distribution of which is referred to the Schenectady County Surrogates Court for disposition; the entirety of the settlement proceeds of $425,000.00 shall be paid to the plaintiffs counsel within thirty (30) days of the approval by the Schenectady County Surrogates Court of the distribution of the estate, and the approval of any structured settlement payments, absent further order of this Court on notice to all parties. Any payments to be made from the Estate besides the payment of attorneys fees and expenses shall be approved by the Schenectady County Surrogates Court; the request of the parties for a Confidential Agreement and the sealing of all documents is DENIED; the Clerk of the Court is directed to electronically file plaintiffs motion, its supportingdocuments, the Affirmation of Daniel R. Ryan, Esq., the Affidavit of Jonathan M. Bernstein, Esq. and the Affidavit of Molly C. Casey, Esq.; and jurisdiction is retained over this matter to enforce the terms of the settlement agreement. Signed by Judge David N. Hurd on 12/22/2015. (see)
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Filing 101
AFFIDAVIT of Molly C. Casey, Esq., in Partial Support of the #95 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement filed by Russell Fricke. {Pursuant to the 12/18/2015 Text Minutes and Order to follow, this document is NOT sealed.} (see)
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Filing 100
AFFIDAVIT of Jonathan M. Bernstein, Esq., in Partial Support of the #95 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement filed by Jim Barrett, County of Schenectady, Dominic D'Agostino, John/Jane Does 6-10. {Pursuant to the 12/18/2015 Text Minutes and Order to follow, this document is NOT sealed.} (see) Modified on 12/22/2015 (see, ).
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Filing 99
AFFIRMATION of Daniel R. Ryan, Esq., in Partial Support of the #95 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement filed by Jean Bradt, Maria Carpio, Correctional Medical Care, Inc., Patricia Craft, Joan Killeen, Crystal Tryon, Emre Umar. {Pursuant to the 12/18/2015 Text Minutes and Order to follow, this document is NOT sealed.} (see)
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Filing 98
STATUS REPORT from Daniel R. Ryan, Esq. by Jean Bradt, Maria Carpio, Correctional Medical Care, Inc., Patricia Craft, Joan Killeen, Crystal Tryon, Emre Umar. (Ryan, Daniel)
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CLERK'S CORRECTION OF DOCKET ENTRY re: #95 MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement. Clerk uploaded the Affirmation of Sharon Chase, Esq., Affirmation of Elmer Robert Keach, Esq., with Exhibits A-E and Proposed Order Authorizing Compromise of Wrongful Death and Civil Rights Action entitled Exhibit F to Keach Affirmation to the #95 Motion. These documents are NOT filed under seal pursuant to the #102 Decision & Order. Clerk also edited the docket text of the #100 Affidavit of Jonathan M. Bernstein, Esq., noting the following: {Pursuant to the 12/18/2015 Text Minutes and Order to follow, this document is NOT sealed.} (see)
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TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Settlement Conference held on 12/18/2015. In Chambers: Court and counsel meet in Chambers and review proposed settlement agreement. Judge Hurd reviews and approves all aspects of proposed settlement with all parties, but denies request to seal the settlement and directs parties place arguments on record. In Court: Judge Hurd reviews record and after parties place arguments on record approves all aspects of the settlement and DENIES request to seal. Judge Hurd further directs that Defendant Correctional Medical Care, Inc., shall report to the Court by 12:00pm on Tuesday, December 22, 2015 whether to proceed with UNSEALED settlement of this action or proceed to trial. (Court Reporter Nancy Freddoso) (1:00pm-2:00pm) (ptm)
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TEXT NOTICE OF IN COURT SETTLEMENT HEARING: Pursuant to the verbal order of the Hon. David N. Hurd, USDJ, the Settlement Hearing in this matter is NOW set for FRIDAY, DECEMBER 18, 2015 at 1:00PM in USDC / Utica, NY. Appearances by counsel are required in Utica, NY. Please adjust your calendars accordingly. (ptm)
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Filing 97
Letter Motion from Elmer Robert Keach, III for Sharon Chase requesting Confirming InPerson Conference on December 22, 2015 and Requesting Leave of Court for Plaintiff to Participate by Telephone. submitted to Judge David N. Hurd . (Keach, Elmer)
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Filing 96
Letter Motion for Jim Barrett, Jim Barrett, Jim Barrett, Jim Barrett, Jim Barrett, County of Schenectady, County of Schenectady, County of Schenectady, County of Schenectady, County of Schenectady, Dominic D'Agostino, Dominic D'Agostino, Dominic D'Agostino, Dominic D'Agostino, Dominic D'Agostino requesting (Respectfully requesting that we be allowed to provide the Court by overnight mail a copy of Defendants' affidavit in partial support and partial opposition to plaitiff's petition to settle) submitted to Judge Hon. David N. Hurd . (Attachments: #1 Certificate of Service)(Bernstein, Jonathan)
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Filing 95
MOTION to Approve Consent Judgment Motion for Approval of Wrongful Death and Civil Rights Settlement Motion Hearing set for 12/11/2015 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 11/24/2015 Reply to Response to Motion due by 11/30/2015. filed by Sharon Chase. (Keach, Elmer) (Additional attachment(s) added on 12/22/2015: #1 Exhibit(s) A - Affirmation of Sharon Chase, #2 Exhibit(s) B - Affirmation of Elmer Robert Keach with Exhibits A-E, #3 Exhibit(s) C - Proposed Order Authorizing Compromise of Wrongful Death and Civil Rights Action) (see, ).
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Filing 94
TEXT ORDER granting Plaintiff's #93 Letter Request for extension of time to file motion for approval of settlement. Motion to be filed by 10/30/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/28/2015. (sg)
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Filing 93
Letter Motion from Elmer Keach for Sharon Chase requesting Two Day Extension of Time to File Motion for Resolution of Action submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Filing 92
TEXT ORDER granting Plaintiffs' #91 Letter Request for extension of time to file motion for approval of settlement. Motion to be filed by 10/26/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/19/2015. (sg)
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Filing 91
Letter Motion from Elmer Keach for Sharon Chase requesting One Week Extension of Time to Seek Approval of Resolution submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 9/4/2015. Appearances: Maria K. Dyson, Esq. for Plaintiff; Daniel Ryan, Esq., Jonathan Bernstein, Esq., and Molly Casey, Esq. for Defendants. Counsel report that case has settled. Pending discovery deadlines are adjourned without new date in light of settlement, and will be re-established, if necessary, should issues arise. Motion to approve settlement to be filed by 10/19/2015 made returnable before U.S. District Judge Hurd. Motion to be filed under seal. Attorneys for Defendants Correctional Medical Care (CMC) indicate attorney Phillip Dysert has left the firm of Smith, Sovik and is no longer appearing on this case. Court orders Mr. Dysert's representation of the CMC Defendants be terminated in this case. (FTR Recorded: 9:30AM-9:36AM) (sg)
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Filing 90
TEXT ORDER granting Plaintiff's #89 Letter Request for a telephone conference. A Telephone Conference has been set for 9/4/2015 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and to contact Chambers at 315-234-8618 (a dedicated conference line) once all parties are on the line.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/1/2015. (sg)
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Filing 89
Letter Motion from Elmer Robert Keach, III for Sharon Chase requesting a Conference with the Court submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Filing 88
TEXT ORDER granting Plaintiff's #86 Letter Request. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/4/2015. (sg)
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TEXT Minute Entry for Telephone Status Conference held before Magistrate Judge Therese Wiley Dancks on 8/4/2015. Appearances: Elmer Keach, Esq. for Plaintiff; Daniel Ryan, Esq., Jonathan Bernstein, Esq. and Molly C. Casey, Esq. for Defendants. Court requests status on settlement discussions. Plaintiff reports settlement discussions were not successful and plaintiff intends to move forward. Court directs parties to meet and confer between this date and 9/14/2015 to attempt to resolve discovery issues. Attorney Ryan to file a joint status report by 9/14/2015 to include discovery issues that have not been resolved; status of depositions; and any other issues of which the Court should be aware. Judge Dancks does not change the existing discovery and motions filing deadlines at this time. Court will consider extending deadlines if necessary. (FTR Recorded: 1:12PM-1:27PM)) (sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 8/4/2015 at 1:00 PM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 7/15/2015. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Daniel Ryan, Esq. for Correctional Medical Care defendants; Jonathan Bernstein, Esq. for County Defendants; and Molly C. Casey, Esq. for defendant Fricke. Court inquires about status of discovery in light of case not settling at mediation. Counsel advise settlement discussions are continuing. Plaintiff asks that any new deadlines be held in abeyance to allow parties time to continue working on settlement. Court will set telephone conference for August 4, 2015, a separate text notice will be issued. If the case is settled in the interim, plaintiff's counsel is to advise the Court in writing. If case does not settle by date of telephone conference, Court will set deadlines within the end date for discovery. (FTR Recorded: 10:30AM-10:42AM) (sg)
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ADR COMPLETED Case did not settle.(mnc)
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Filing 87
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on May 28, 2015. Total Hours Spent by Mediator: 2.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Homer, David)
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Filing 86
Letter Motion from Elmer Keach for Sharon Chase requesting One Day Extension of Time, until May 18, 2015, to respond to Defendants' outstanding discovery demands, on consent submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference is set for 7/15/2015 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Attorney for Correctional Medical Care defendants is directed to initiate the call and to contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (sg )
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone status Conference held on 5/4/2015. Appearances: Maria K. Dyson, Esq. for Plaintiff' Daniel Ryan, Esq., Matthew Lerner, Esq., and Molly C. Casey, Esq. for Defendants. Counsel report on status of discovery. Mediation set for 5/28/2015. Plaintiff to serve responses to all discovery demands on Defendants by 5/15/2015, and serve signed authorizations on Defendants by 5/22/2015. Defendant Fricke to serve discovery demands by 5/8/2015. If mediation is not successful, Court instructs counsel to confer and use the decision at Dkt. No. 122 in case 9:13-CV-1321 (FJS/TWD) as a template for discovery. Court resets deadlines as follows: Deadline for completion of Mandatory Mediation extended to 5/29/2015; All Discovery due by 2/16/2016; Discovery Motions due by 2/23/2016; Dispositive Motions to be filed by 4/15/2016. Court reminds counsel to be mindful of deadlines for expert disclosure. Telephone conference to be set for early to mid July, a separate text notice will be issued. (FTR Recorded: 10:05AM-10:22AM) (sg )
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Filing 85
CERTIFICATE OF SERVICE by Russell Fricke re #84 Answer to Complaint Answer to cross claim (Casey, Molly)
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Filing 84
Answser to cross claim ANSWER to County of Schenectady, Dominic A. Dagostino, and Jim Barrett's #59 Cross-Claim by Russell Fricke. (Casey, Molly)
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TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 5/4/2015 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(sg )
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Filing 83
CERTIFICATE OF SERVICE by Russell Fricke re #82 Answer to Complaint (Casey, Molly)
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Filing 82
ANSWER to Complaint by Russell Fricke.(Casey, Molly)
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Filing 81
CERTIFICATE OF SERVICE by Russell Fricke re #80 Stipulation Consent to Change Attorney (Casey, Molly)
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Filing 80
STIPULATION Consent to Change Attorney by Russell Fricke. (Casey, Molly)
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Filing 79
CERTIFICATE OF SERVICE by Russell Fricke re #78 Notice of Appearance (Monroe, Kelly)
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Filing 78
NOTICE of Appearance by Kelly M. Monroe on behalf of Russell Fricke (Monroe, Kelly)
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Filing 77
CERTIFICATE OF SERVICE by Russell Fricke re #76 Notice of Appearance (Casey, Molly)
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Filing 76
NOTICE of Appearance by Molly C. Casey on behalf of Russell Fricke (Casey, Molly)
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Filing 75
NOTICE of Appearance by Phillip D. Dysert on behalf of Jean Bradt, Maria Carpio, Correctional Medical Care, Inc., Patricia Craft, Russell Fricke, Joan Killeen, Crystal Tryon, Emre Umar (Dysert, Phillip)
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Filing 74
CERTIFICATE OF SERVICE by Maria Carpio re #72 Answer to Amended Complaint (Dysert, Phillip)
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Filing 73
CERTIFICATE OF SERVICE by Crystal Tryon re #71 Answer to Amended Complaint (Dysert, Phillip)
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Filing 72
ANSWER to #57 Amended Complaint with Jury Demand by Maria Carpio.(Dysert, Phillip)
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Filing 71
ANSWER to #57 Amended Complaint with Jury Demand by Jean Bradt, Patricia Craft, Russell Fricke, Joan Killeen, Crystal Tryon. (Dysert, Phillip)
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Filing 70
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic D'Agostino re #69 Answer to Crossclaim (Answer / Response to Defendants, Correctional Medical Care, Inc. and Emre Umar's Cross-Claims) (Bernstein, Jonathan)
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Filing 69
ANSWER to #68 Correctional Medical Care, Inc. and Emre Umar's Crossclaim by Jim Barrett, County of Schenectady, and Dominic D'Agostino. (Bernstein, Jonathan)
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Filing 68
ANSWER to #59 County of Schenectady, Dominic A. Dagostino, and Tim Barrett's Crossclaim against Jim Barrett, County of Schenectady, Dominic D'Agostino by Correctional Medical Care, Inc., Emre Umar. (Attachments: #1 CERTIFICATE OF SERVICE)(Ryan, Daniel)
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Filing 67
ANSWER to #57 Amended Complaint with Jury Demand by Correctional Medical Care, Inc., Emre Umar. (Attachments: #1 CERTIFICATE OF SERVICE)(Ryan, Daniel)
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CLERK'S CORRECTION OF DOCKET ENTRY: Per the request of Attorney Daniel Ryan's Office, the clerk deleted docket entry 67 Answer as it was filed in error. The firm will refile the correct document and docket entry ASAP. (rep)
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Filing 66
SUMMONS Returned Executed by Sharon Chase. Maria Carpio served on 1/28/2015, answer due 2/18/2015. (Keach, Elmer)
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Filing 65
SUMMONS Returned Executed by Sharon Chase. Russell Fricke served on 1/29/2015, answer due 2/19/2015; Joan Killeen served on 1/29/2015, answer due 2/19/2015; Crystal Tryon served on 1/29/2015, answer due 2/19/2015. (Attachments: #1 Killeen Proof of Service, #2 Tryon Proof of Service)(Keach, Elmer)
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Filing 64
SUMMONS Returned Executed by Sharon Chase. Patricia Craft served on 1/28/2015, answer due 2/18/2015. (Keach, Elmer)
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Filing 63
SUMMONS Returned Executed by Sharon Chase. Jean Bradt served on 1/28/2015, answer due 2/18/2015. (Keach, Elmer)
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Filing 62
TEXT ORDER : Court has reviewed letter motion (Dkt. No. #61 ) for extesion of time to serve answer to amended complaint on behalf of defendants Correctional Medical Care and Emre Umar. Letter Motion granted. Answer to amended complaint as to defendants Correctional Medical Care and Umar due 2/10/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/2015. (sg )
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Filing 61
Letter Motion from Daniel R. Ryan, Esq. for Correctional Medical Care, Inc., Emre Umar requesting EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT submitted to Judge WILEY DANCKS . (Ryan, Daniel)
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Filing 60
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic D'Agostino re #59 Answer to Amended Complaint,, Crossclaim, (Bernstein, Jonathan)
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Filing 59
ANSWER to #57 Amended Complaint with Jury Demand and , CROSSCLAIM against Jean Bradt, Maria Carpio, Correctional Medical Care, Inc., Patricia Craft, Russell Fricke, Joan Killeen, Crystal Tryon, Emre Umar by Jim Barrett, County of Schenectady, Dominic D'Agostino.(Bernstein, Jonathan)
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Filing 58
Summonses Issued as to Jean Bradt, Maria Carpio, Patricia Craft, Russell Fricke, Joan Killeen, and Crystal Tryon. (Attachments: #1 Summons for Russell Fricke, #2 Summons for Jean Bradt, #3 Summons for Joan Killeen, #4 Summons for Crystal Tryon, #5 Summons for Patricia Craft)(see)
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Filing 57
AMENDED COMPLAINT with Jury Demand Filed with Leave of Court against All Defendants filed by Sharon Chase.(Keach, Elmer)
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Filing 56
TEXT ORDER granting #54 Letter Request that the telephone conference set for 1/6/2015 is adjourned without date. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/5/2015. (sg )
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Filing 55
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic A. D'Agostino re #54 Letter Motion for Jim Barrett, Jim Barrett, Jim Barrett, County of Schenectady, County of Schenectady, County of Schenectady, Dominic A. D'Agostino, Dominic A. D'Agostino, Dominic A. D'Agostino requesting (Requesting that tomo (Requesting that tomorrow's telephone conference be adjourned without date) (Bernstein, Jonathan)
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Filing 54
Letter Motion for Jim Barrett, Jim Barrett, Jim Barrett, County of Schenectady, County of Schenectady, County of Schenectady, Dominic A. D'Agostino, Dominic A. D'Agostino, Dominic A. D'Agostino requesting (Requesting that tomorrow's telephone conference be adjourned without date) submitted to Judge Hon. Therese Wiley Dancks . (Bernstein, Jonathan)
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Filing 53
TEXT ORDER granting #50 Letter Request for extension of time to file the amended complaint. Amended complaint to be filed by 1/5/2015 and should include the addition of the Correctional Medical Care defendants as discussed at the 12/19/2014 Telephone Conference. Plaintiff should also attach proposed summonses for any newly-added defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/19/2014. (sg )
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 12/19/2014. Appearances: Elmer Keach, Esq. for Plaintiff; Daniel Ryan, Esq. and Jonathan Bernstein, Esq. for Defendants. Plaintiff reports they have identified the "Doe" defendants as to defendant Correctional Medical Care. Mr. Ryan agrees that the amended complaint may include the actual names of those defendants. Mr. Bernstein does not stipulate at this time to the addition of Sgt. Pelletier as a County defendant. Once her deposition has been held, further determination will be made. In light of this, Court extends the deadlines for joinder of parties and amendment of pleadings as to Sgt. Pelletier to 2/27/2015. Mr. Keach requests that the Court rule on the Motion for extension of time to file the amended complaint as the parties have verbally stipulated. Court grants extension, and a separate Text Order will be issued as to that motion. ( FTR Recorded 10:02AM-10:12AM) (sg )
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Filing 52
TEXT ORDER & NOTICE OF HEARING : Court has reviewed #50 and [51} Letter Motions for an extension and a telephone conference which are granted as follows: Plaintiff's time to file amended complaint held in abeyance and will be reset after telephone conference. Pre-motion telephone conference set for 12/19/2014 at 10:00AM before Magistrate Judge Therese Wiley Dancks. Counsel for the County Defendants is to initiate the call and is directed to contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/16/2014. (sg )
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Filing 51
Letter Motion from Elmer Keach for Sharon Chase requesting Non-Dispositive Motion Conference with the Court submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Filing 50
Letter Motion from Elmer Keach for Sharon Chase requesting Extension to File Amended Complaint on Stipulation or Seek Non-Dispositive Motion Conference submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Filing 49
TEXT ORDER granting #48 Letter Request for extension of deadlines. Amended Pleadings due by 12/15/2014. Joinder of Parties due by 12/15/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/9/2014. (sg )
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Filing 48
Letter Motion from Elmer Keach for Sharon Chase requesting Extension of Time for Amendment and Joinder Deadline submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Re-Set Deadlines: Amended Pleadings extended to 12/5/2014. Joinder of Parties extended to 12/5/2014. (sg, )
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TEXT NOTICE of Hearing: Telephone Status Conference set for 1/6/2015 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and should contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 11/14/2014. Appearances: Elmer Keach, Esq. for Plaintiff; Daniel Ryan, Esq. and Jonathan Bernstein, Esq. for Defendants. Counsel report on status of discovery. Initial Disclosures are complete. Deadline for joinder of parties and amendment of pleadings extended to 12/5/2014. Plaintiff's Rule 33 and 34 Demands to be served by 11/17/2014. Plaintiff's responses to demands due 12/15/2014. County Defendants to serve any additional Rule 33 and 34 Demands by 11/17/2014. Court reminds parties of mediation deadline. Court will set a telephone status conference in January 2015, and a separate notice will be issued with the date and time. (FTR Recorded: 9:35AM-9:45AM) (sg )
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Filing 47
TEXT ORDER : Court has reviewed letter motion (Dkt. No. 46) for extension, which is granted. The deadlines for Amendment of Pleadings and Joinder of Parties have been extended to 11/17/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/12/2014. (sg )
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Filing 46
Letter Motion from Elmer Keach for Sharon Chase requesting Extension of Time to Address Amendment and Joinder Issues submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Filing 45
TEXT ORDER granting Plaintiff's #44 Letter Request for an extension of time. Deadlines extended as follows: Amended Pleadings due by 11/10/2014. Joinder of Parties due by 11/10/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/4/2014. (sg )
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Filing 44
Consent Letter Motion from Elmer Keach for Sharon Chase requesting Extension of Time to Seek Leave to File Amended Complaint and Join Additional Parties submitted to Judge Therese Wiley Dancks . (Keach, Elmer)
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Filing 43
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Honorable David R. Homer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Elmer Keach, Jonathan Bernstein, Daniel Ryan and. Dated: 9/25/2014(Keach, Elmer)
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Filing 42
TEXT ORDER granting #41 Letter Request. Deadline for completion of Mandatory Mediation is extended to 4/14/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/23/2014. (sg )
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Filing 41
Letter Motion from Daniel R. Ryan, Esq. for Correctional Medical Care, Inc., Emre Umar requesting Extension of Time to Complete Mediation submitted to Judge Therese Wiley Dancks . (Ryan, Daniel)
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Filing 40
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/3/2014. Deadline for completion of Mandatory Mediation is 3/3/2015. Signed by Magistrate Judge Therese Wiley Dancks on 9/4/2014. (sg )
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Filing 39
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26(a)(1) Mandatory Disclosures are to be exchanged by 9/12/2014. Rule 33 and 34 Requests are to be served by 9/30/2014. Anticipated length of trial: 8 days. Joinder of Parties due by 11/3/2014. Amended Pleadings due by 11/3/2014. Discovery due by 10/30/2015. Discovery Motions due by 11/13/2015. Dispositive Motions to be filed by 1/15/2016. Deadline for completion of Mandatory Mediation is 3/3/2015. Signed by Magistrate Judge Therese Wiley Dancks on 9/4/2014. (sg ) (Main Document 39 replaced on 9/5/2014)
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CLERK'S CORRECTION OF DOCKET ENTRY re #39 Uniform Pretrial Scheduling Order: Original image replaced with corrected image that reflects corrections of two typographical errors: Discovery Motions Due by: November 13, 2015; and Motions Filing Deadline is January 15, 2016. (Clerk emailed copy of corrected scheduling order to counsel) (sg )
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Re-Set Deadlines/Hearings: Discovery Motions to be filed by 11/13/2015, Motions to be filed by 1/15/2016. (sg )
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TEXT NOTICE of Hearing: Status Conference set for 11/14/2014 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel are directed to initiate the call and should contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(sg )
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 9/4/2014. Appearances: Elmer Keach, Esq. for Plaintiff; Daniel Ryan, Esq. for Defendant Correctional Medical Care; and Jonathan Bernstein, Esq. for County Defendants. Court inquires about Rule 26 Disclosures, sets completion deadline of 9/12/2014. Experts are anticipated. Court explains the Mandatory Mediation Pilot Program to counsel and a separate order will be issued referring the case in. Court extends the Mediation completion deadline to allow the parties the opportunity to exchange discovery. The parties may request a settlement conference at a future date, for the time being the case will be proceeding with Mandatory Mediation. Pretrial deadlines are established, a scheduling order will be issued. (FTR Recorded: 11:30AM-11:52AM)) (sg )
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Filing 38
CIVIL CASE MANAGEMENT PLAN by Sharon Chase. (Dyson, Maria)
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Filing 37
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic A. D'Agostino re #36 Answer to Crossclaim (Bernstein, Jonathan)
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Filing 36
ANSWER to #35 Crossclaim by Jim Barrett, County of Schenectady, Dominic A. D'Agostino.(Bernstein, Jonathan)
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Filing 35
ANSWER to #33 Crossclaim and CROSSCLAIM against Jim Barrett, County of Schenectady, Dominic A. D'Agostino by Correctional Medical Care, Inc., Emre Umar. (Attachments: #1 CERTIFICATE OF SERVICE)(Ryan, Daniel)
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Filing 34
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic A. D'Agostino re #33 Answer to Complaint, Crossclaim (Bernstein, Jonathan)
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Filing 33
ANSWER to #1 Complaint , CROSSCLAIM against Sharon Chase, Correctional Medical Care, Inc., Emre Umar by Jim Barrett, County of Schenectady, Dominic A. D'Agostino.(Bernstein, Jonathan)
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Filing 32
TRANSCRIPT of Proceedings: Motion Argument held on 7/25/2014 before Judge Hurd, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. 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. Redaction Request due 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/10/2014. Notice of Intent to Redact due by 8/18/2014 (etm, )
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Filing 31
TRANSCRIPT REQUEST to Eileen McDonough by Sharon Chase for proceedings held on July 25, 2014 before Judge David N. Hurd.. (Keach, Elmer)
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Filing 30
TEXT ORDER: Court has reviewed letter motion (Dkt. No. 29) regarding scheduling of Rule 16 conference and request for extension of time for Schenectady County Defendants to file answer. Letter motion granted. County Defendants' answer due 8/18/2014. Initial Conference set for 9/4/2014 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/28/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/31/14. (rjb, )
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Filing 29
Letter Motion from Elmer Robert Keach, III for Sharon Chase requesting Case Management Conference submitted to Judge Dancks . (Keach, Elmer)
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Minute Entry for proceedings held before Judge David N. Hurd: Motion Hearing held on 7/25/2014 in Utica, NY. re #13 MOTION to Dismiss for Failure to State a Claim filed by John/Jane Does 6-10, Jim Barrett, Dominic A. D'Agostino, County of Schenectady--DENIED. Summary order to be filed. Co. defts answer due by 8/8/14. Appearances: Elmer Keach for pltf, Jonathan Bernstein for Co. defts. 12:15 p.m. - 12:35 p.m. (Court Reporter Eileen McDonough) (cmr, )
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Filing 28
ANSWER to #1 Complaint with Jury Demand by Correctional Medical Care, Inc., Emre Umar. (Attachments: #1 Certificate of Service)(Ryan, Daniel)
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Filing 27
ORDER that County Defts' #13 Motion to Dismiss for Failure to State a Claim is DENIED; and that the County Defts are directed to file an answer to the complaint on or before 8/8/2014. Signed by Judge David N. Hurd on 7/25/2014. (see)
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TEXT NOTICE: The Rule 16 conference scheduled for 7/30/2014 is adjourned without date in light of the #13 Motion to Dismiss that is pending before Judge Hurd. (rjb, )
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Filing 26
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10 re: #25 Letter Motion for Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10 requesting (Requesting consideration of this letter as a supplement to its Reply Memorandum of Law - Docket No. 23 - that was filed yesterd (yesterday) (Bernstein, Jonathan)
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Filing 25
Letter Motion for Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10 requesting (Requesting consideration of this letter as a supplement to its Reply Memorandum of Law - Docket No. 23 - that was filed yesterday) submitted to Judge Hon. David N. Hurd . (Attachments: #1 Attachment)(Bernstein, Jonathan)
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NOTICE of Hearing on Motion #13 MOTION to Dismiss for Failure to State a Claim : Motion Hearing reset for 7/25/2014 12:15 PM in Utica before Judge David N. Hurd. Appearance required. Please adjust your calendars accordingly. (cmr, )
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Filing 24
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10 re #23 Memorandum of Law (Reply Memorandum of Law) (Bernstein, Jonathan)
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Filing 23
Reply MEMORANDUM OF LAW re #13 Motion to Dismiss (Reply Memorandum of Law) filed by Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10. (Attachments: #1 Attachment)(Bernstein, Jonathan)
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Filing 22
TEXT ORDER granting #21 Letter Request - Correctional Medical Care, Inc. answer due 7/25/2014; Emre Umar answer due 7/25/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/14/14. (rjb, )
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Filing 21
Letter Motion from Daniel R. Ryan, Esq. for Correctional Medical Care, Inc., Emre Umar requesting Extension of Time to Answer submitted to Judge Dancks . (Ryan, Daniel)
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Filing 20
NOTICE of Appearance by Daniel R. Ryan on behalf of Correctional Medical Care, Inc. and Emre Umar (Ryan, Daniel)
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Filing 19
CERTIFICATE OF SERVICE by Sharon Chase re #18 Response in Opposition to Motion (Keach, Elmer)
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Filing 18
RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by Sharon Chase. (Keach, Elmer)
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Filing 17
TEXT ORDER granting #16 Letter Request, per verbal order of Judge David N. Hurd. (cmr, )
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Filing 16
Letter Motion from Elmer Keach for Sharon Chase requesting One Day Extension of Time to Complete Response To County Defendants' Motion to Dismiss submitted to Judge David N. Hurd On Consent. (Keach, Elmer)
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TEXT ORDER: Atty. Keach's letter request dated 6/10/14 (docket #15) is granted. #13 MOTION to Dismiss for Failure to State a Claim. Response to Motion due by 7/7/2014 Reply to Response to Motion due by 7/14/2014. Motion Hearing reset for 7/25/2014 10:00 AM in Utica per verbal order of Judge David N. Hurd. Appearance required. (cmr, )
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Filing 15
Letter Motion from Elmer Keach for Sharon Chase requesting Extension of Time to Respond to Motion to Dismiss submitted to Judge David N. Hurd On Consent. (Keach, Elmer)
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Filing 14
CERTIFICATE OF SERVICE by Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10 re #13 MOTION to Dismiss for Failure to State a Claim (Bernstein, Jonathan)
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Filing 13
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/27/2014 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 6/10/2014 Reply to Response to Motion due by 6/16/2014. filed by Jim Barrett, County of Schenectady, Dominic A. D'Agostino, John/Jane Does 6-10. (Attachments: #1 Affidavit in Support (Jonathan M. Bernstein, Esq.), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Memorandum of Law) (Bernstein, Jonathan)
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Filing 12
SUMMONS Returned Executed by Sharon Chase. Emre Umar served on 5/1/2014, answer due 5/22/2014. (Keach, Elmer)
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Filing 11
SUMMONS Returned Executed by Sharon Chase. Jane Doe Number One served on 5/1/2014, answer due 5/22/2014; Jane Doe Number Two served on 5/1/2014, answer due 5/22/2014; John/Jane Does 3-5 served on 5/1/2014, answer due 5/22/2014. (Keach, Elmer)
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Filing 10
SUMMONS Returned Executed by Sharon Chase. Correctional Medical Care, Inc. served on 5/1/2014, answer due 5/22/2014. (Keach, Elmer)
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Filing 9
SUMMONS Returned Executed by Sharon Chase. County of Schenectady served on 4/29/2014, answer due 5/20/2014. (Keach, Elmer)
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Filing 8
SUMMONS Returned Executed by Sharon Chase. John/Jane Does 6-10 served on 4/29/2014, answer due 5/20/2014. (Keach, Elmer)
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Filing 7
SUMMONS Returned Executed by Sharon Chase. Dominic A. D'Agostino served on 4/29/2014, answer due 5/20/2014. (Keach, Elmer)
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Filing 6
SUMMONS Returned Executed by Sharon Chase. Jim Barrett served on 4/29/2014, answer due 5/20/2014. (Keach, Elmer)
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Filing 5
NOTICE of Appearance by William J. Greagan on behalf of Jim Barrett, County of Schenectady, Dominic A. D'Agostino (Greagan, William)
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Filing 4
NOTICE of Appearance by Jonathan M. Bernstein on behalf of Jim Barrett, County of Schenectady, Dominic A. D'Agostino (Bernstein, Jonathan)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/30/2014 at 10:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/23/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
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Filing 2
Summonses Issued as to Jim Barrett, Correctional Medical Care, Inc., County of Schenectady, Dominic A. D'Agostino, Jane Doe Number One, Jane Doe Number Two, John/Jane Does 3-5, John/Jane Does 6-10, and Emre Umar. (Attachments: #1 Summons for Emre Umar, #2 Summons for Jane Does 1-5, #3 Summons for the County of Schenectady, #4 Summons for Dominic D'Agostino, #5 Summons for Jim Barrett, #6 Summons for John/Jane Does Number 6-10)(see)
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Filing 1
COMPLAINT with Jury Demand against All Defendants (Filing fee $400 receipt number 0206-2917668) filed by Sharon Chase. (Attachments: #1 Civil Cover Sheet)(see)
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