Stegemann v. Rensselaer County Sheriff's Office et al
Plaintiff: Stegemann
Defendant: Rensselaer County Sheriff's Office, Rensselaer County, Christopher Perilli, Cellco Partnership, Richard Locke, Pittsfield Police Department, Glenn F. Decker, Warren County, John Stec, Fulton County Sheriff's Office, Arthur Hyde, Michael Wynn, Jason Robelotto, Shane Holcomb, Robert Patterson, Thomas Bowler, New York State Police Sort, Richard McNally, Berkshire County, William Scott, Patrick Russo, William Roy, Michelle Mason, Travas McCarthy, Steve Wohlleber, Steve Jones, James Deas, Kevin Roy, Christopher Fumerola, Rick Smith, William Webster, Dale Gero, Rensselaer County District Attorney's Office, John Mazzeo, Sandra Blodgett, Derek Pyle, Richard J. Sloma, Berkshire County District Attorney's Office, Mark Gorman, David F. Capeless, Michael Fynn, Justin Loomis, Chris Clifford, Jami Panichi, Frank Mastan, Unknown Members of the Rensselaer County Emergency Response Team, Tyrone Price, New York State Police, Justin Walread, Glenn Civello, Scott Colbert, Massachusetts State Police, Nathan York, Anthony D'Agostino, AT&T Wireless, Warren County Sheriff's Office, Jack Mahar, Berkshire County Sheriff's Office, Air National Guard, Mark Geracitano, David Brian Foley, "Dan" Kiley, Fulton County, Wayne Peters, Pat Russo, J.S. Robelotto, Art Hyde, Travis McCarthy, Cellco Partnership d/b/a Verizon Wireless, Captain Pyle, The Captain of The Massachusetts State Police and Todd Patterson
Cross Defendant: Unknown Members of Fulton County Sheriffs Office Canine Team, Berkshire County Drug Task Force, Investigator Film, Richard C. Giardino and Joshua G. Stegemann
Cross Claimant: Subsurface Informational Surveys, Inc.
Case Number: 1:2015cv00021
Filed: January 8, 2015
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Columbia
Presiding Judge: Christian F Hummel
Referring Judge: Thomas J McAvoy
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2019 Opinion or Order Filing 417 REPLY filed by Joshua G. Stegemann, Pro Se in Response to Motion #415 Letter Motion. (jmb)
October 18, 2019 Opinion or Order Filing 416 AFFIDAVIT in Opposition re #415 Letter Motion for Joshua G. Stegemann filed by Subsurface Informational Surveys, Inc.. (Hanlon, Christine)
October 9, 2019 Opinion or Order Filing 415 Letter Motion requesting to Withdraw the Benefit of Collateral Estoppel filed by Joshua G. Stegemann, Pro Se. Submitted to Senior Judge Thomas J. McAvoy. [Declaration attached] (Attachments: #1 Envelope)(kmp)
September 27, 2019 Opinion or Order Filing 414 TEXT ORDER Setting Case Deadlines: Discovery to be completed by 1/2/2020, Dispositive Motions to be filed by 2/18/2020. Authorized by Magistrate Judge Christian F. Hummel on 9/27/2019. (Copy served via regular mail)(tab)
September 26, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 9/26/2019. Appearances by Joshua G. Stegemann, pro se plaintiff (via telephone); Christine D. Hanlon, Esq. for Defendant Subsurface Informational Surveys, Inc. (in person). Dkt nos. 410 and 411, regarding discovery/interrogatories are addressed on the record, both parties being heard. The Court sets case deadlines for Discovery (1/2/2020) and Dispositive Motions (2/18/2020). A Text Order setting deadlines will be issued. (Court Reporter Theresa Casal) (tab)
September 25, 2019 Opinion or Order Filing 413 RESPONSE IN OPPOSITION: To the #411 Letter Motion from Christine D. Hanlon, Esq. for Subsurface Informational Surveys, Inc. requesting opposition and cross-motion submitted to Judge Christian Hummel filed by Joshua G. Stegemann. [Declaration and Exhibits attached] (Attachments: #1 Cover Letter, #2 Envelope)(kmp)
September 23, 2019 Opinion or Order Filing 412 Letter Motion for Entry of Final Judgment filed by Joshua G. Stegemann submitted to Senior Judge Thomas J. McAvoy. [Declaration and mailing envelope attached] (kmp)
September 18, 2019 Opinion or Order Filing 411 Letter Motion from Christine D. Hanlon, Esq. for Subsurface Informational Surveys, Inc. requesting opposition and cross-motion submitted to Judge Christian Hummel . (Hanlon, Christine)
September 16, 2019 Opinion or Order Filing 410 Letter Motion for Interrogatories filed by Joshua G. Stegemann submitted to Magistrate Judge Christian F. Hummel. (Attachments: #1 Declaration, #2 Exhibit A, #3 Cover Letter, #4 Envelope)(kmp)
September 11, 2019 Opinion or Order Filing 409 ORDER FOR TELEPHONE CONFERENCE: Participation of Inmate JOSHUA G. STEGEMANN (20552-052) is hereby ORDERED on Thursday, September 26th, 2019 at 11:00 a.m. for a telephone conference to be conducted by Magistrate Judge Christian F. Hummel. The Court will initiate the conference call. Signed by Magistrate Judge Christian F. Hummel on 9/11/2019. (Copy served via regular mail and by email to FCI Berlin, and regular mail to Plaintiff on 9/11/2019)(tab)
September 11, 2019 Opinion or Order Filing 408 COURT NOTICE of Conference: An Initial/Scheduling Conference has been set for Thursday, 9/26/2019 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Plaintiff will be directed to appear, by Court Order to F.C.I. Berlin, by telephone. Defense counsel is directed to appear for this conference in person. (tab)(Notice mailed to Plaintiff on 9/11/2019 via regular mail and to FCI Berlin via regular mail and by email)
September 3, 2019 Opinion or Order Filing 407 Letter from Joshua G. Stegemann requesting a copy of the Dkt. No. 403 Text Order. He stated he never received it. {Syracuse Clerk's office mailed a copy of the Dkt. No. 403 Text Order to pro se plaintiff on 9/3/2019 via regular mail. (hmr)
August 20, 2019 Opinion or Order Filing 406 TEXT ORDER denying #402 Letter Request for the Court to schedule a Mediation session. Based on Defendant's response, Dkt. No. 404, no mediation session will be scheduled at this time. Authorized by Magistrate Judge Christian F. Hummel on 8/20/2019. (Copy served via regular mail)(tab)
August 19, 2019 Opinion or Order Filing 405 Sub Surface Informational Surveys, Inc. ANSWER to #134 Second Amended Complaint,,,, dated October 6, 2017, CROSSCLAIM Sub Surface Informational Surveys, Inc. against Berkshire County Drug Task Force, Sandra Blodgett, Investigator Film, Mark Geracitano, Richard C. Giardino, Mark Gorman, Shane Holcomb, Arthur Hyde, Richard McNally, Jami Panichi, Derek Pyle, Rensselaer County, Jason Robelotto, Kevin Roy, William Roy, Patrick Russo, Unknown Members of Fulton County Sheriffs Office Canine Team, Unknown Members of the Rensselaer County Emergency Response Team, Justin Walread, William Webster, Steve Wohlleber by Subsurface Informational Surveys, Inc..(Hanlon, Christine) Modified on 8/19/2019 to correct the complaint that this is answering (meb).
August 19, 2019 Opinion or Order Filing 404 Letter Motion from Christine D. Hanlon, Esq. for Subsurface Informational Surveys, Inc. requesting No Mediation submitted to Judge McAvoy & Hummel . (Hanlon, Christine)
August 19, 2019 Opinion or Order Filing 403 TEXT ORDER re #402 Letter Motion from Joshua G. Stegemann requesting that the Court refer this matter to U.S. Magistrate Judge Christian F. Hummel for Judicial Mediation, since he has previously proposed an offer of settlement to Subsurface. Defendant Subsurface Informational Surveys Inc. is directed to file a response to Plaintiff's Dkt. No. 402, indicating whether or not there is an interest to participate in a settlement conference. Defendant's Response to be filed on or before 8/28/2019. Authorized by Magistrate Judge Christian F. Hummel on 8/19/2019. (Copy served via regular mail)(tab)
August 19, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has changed the docket text for the #405 Answer to Amended Complaint to note that it is answering the #134 Second Amended Complaint and not the #38 Amended Complaint. The filer had called the Clerk's Office noting a problem linking to the correct docket entry. (meb)
August 16, 2019 Opinion or Order Filing 402 Letter Motion from Joshua G. Stegemann requesting that the Court refer this matter to U.S. Magistrate Judge Christian F. Hummel for Judicial Mediation, since he has previously proposed an offer of settlement to Subsurface submitted to Senior U.S. District Judge Thomas J. McAvoy. (hmr)
August 14, 2019 Opinion or Order ***Answer due date updated for Subsurface Informational Surveys, Inc. answer due 8/29/2019. (hmr)
August 8, 2019 Opinion or Order Filing 401 DECISION & ORDER: that the following motions to dismiss are hereby Granted: the motion of Defendants James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott and John Stec (dkt. #354 ); the motion of Defendant Anthony D'Agostino (dkt. #368 ); the motion of Defendants Justin Loomis and Wayne Peters (dkt. #372 ); the motion of Defendant Travas McCarthy (dkt. #396 ); and the motion of Defendants Christopher Fumerola and Frank Mastan (dkt. #398 ). Defendant Subsurface Informational Surveys, Inc.'s motion to dismiss, dkt. #377 , is hereby Denied. Defendant Subsurface Informational Surveys, Inc.'s motion to dismiss, dkt. #377 , is hereby Denied. Defendant Subsurface shall answer or otherwise respond to Plaintiff's Second Amended Complaint within 21 days of the date of this Order. Signed by Senior Judge Thomas J. McAvoy on 08/08/2019. (Copy served upon pro se plaintiff at F.C.I. Berlin, P.O. Box 9000, Berlin, NH 03570 via regular mail on 8/9/2019.)(hmr)
May 17, 2019 Opinion or Order TEXT NOTICE to parties advising that defendants #398 MOTION to Dismiss that is on Judge McAvoy's 5/24/19 Motion Calendar is on submit basis. Appearances are not required. [Served by mail.] (sfp, )
May 6, 2019 Opinion or Order TEXT NOTICE to parties advising that defendant McCarthy's #396 MOTION to Dismiss that is on Judge McAvoy's 5/13/19 motion calendar is on submit basis. Appearances are not required. [Served by mail.] (sfp, )
April 19, 2019 Opinion or Order Filing 400 RESPONSE in Opposition to the #398 MOTION to Dismiss for Failure to State a Claim filed by Joshua G. Stegemann. (Attachments: #1 Mailing envelope)(see)
April 15, 2019 Opinion or Order NOTICE of Hearing on Motion #398 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 5/24/2019 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy (jdp, )
April 15, 2019 Opinion or Order NOTICE of Hearing on Motion #398 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 5/7/2019 Reply to Response to Motion due by 5/13/2019. (jdp, )
April 15, 2019 Opinion or Order Clerk mailed Pro Se plaintiff, Joshua Stegemann a copy of the Notice of Hearing on Motion reflecting the corrected dates and time re #398 Motion to Dismiss. (jdp, )
April 12, 2019 Opinion or Order Filing 399 CERTIFICATE OF SERVICE by Christopher Fumerola, Frank Mastan re #398 MOTION to Dismiss for Failure to State a Claim (Resila, James)
April 12, 2019 Opinion or Order Filing 398 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/16/2019 09:30 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 4/29/2019 Reply to Response to Motion due by 5/6/2019. filed by Christopher Fumerola, Frank Mastan. (Attachments: #1 Affidavit, #2 Exhibit(s) A to Resila Affidavit, #3 Memorandum of Law) (Resila, James)
April 5, 2019 Opinion or Order Filing 397 RESPONSE IN OPPOSITION: To the #396 First MOTION to Dismiss Plaintiff's Second Amended ComplaintFirst MOTION to Dismiss for Failure to State a Claim. Filed by Joshua G. Stegemann, pro se. {Envelope attached}. (rep)
March 28, 2019 Opinion or Order Filing 396 First MOTION to Dismiss Plaintiff's Second Amended Complaint, First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/13/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 4/26/2019 Reply to Response to Motion due by 5/2/2019. filed by Travas McCarthy. (Attachments: #1 Memorandum of Law, #2 Affidavit) (Galvez, Lorena)
March 28, 2019 Opinion or Order Filing 395 NOTICE of Appearance by Lorena Galvez on behalf of Travas McCarthy (Galvez, Lorena)
March 20, 2019 Opinion or Order Filing 394 LETTER: Filed by Joshua G. Stegemann, pro se, dated March 14, 2019, regarding issues he is having with his mail at FCI Berlin, and requesting the issue be addressed by the Court. {Exhibit envelope and plaintiff's mailing envelope attached}. (rep)
March 19, 2019 Opinion or Order Filing 393 BILL OF COSTS: Submitted by US Marshal re: Service Fees in the amount of $4,053.21. (rep)
March 14, 2019 Opinion or Order Filing 392 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Christopher Fumerola - served on 3/8/2019, answer due 5/7/2019. (rep)
March 7, 2019 Opinion or Order Filing 391 Summons Reissued as to Christopher Fumerola. {Service packet forwarded to the U.S. Marshals for service to be effectuated on defendant}. (rep)
March 5, 2019 Opinion or Order Filing 390 TEXT ORDER: In a letter filed January 28, 2019, plaintiff indicated that the service address provided for Defendant Fumerola was not correct. Defense counsel was then directed to provide Plaintiff with Fumerolas last known address and as such a new address was provided. [Dkt. No. 378]. As Plaintiff has provided the Clerk with the required forms and copies, service by the US Marshal Service on Defendant Christopher Fumerola at this amended address, is Ordered. The Clerk is directed to re-issue the summons and prepare a service packet for the US Marshal for service on Christopher Fumerola. Authorized by Magistrate Judge Christian F. Hummel on 3/5/2019. (Copy served via regular mail on 3/5/2019) (tab)
March 4, 2019 Opinion or Order TEXT NOTICE to parties advising that Defendant's #372 and #377 Motions to Dismiss that are on Judge McAvoy's 3/11/19 Motion Calendar are on submit basis. Appearances are not required. [Served by mail.] (sfp, )
February 28, 2019 Opinion or Order Filing 389 REPLY to Response to Motion re #377 MOTION to Dismiss on the grounds that action is barred by the Statute of Limitations filed by Subsurface Informational Surveys, Inc.. (Attachments: #1 Memorandum of Law Reply, #2 Affidavit of Service)(Hanlon, Christine)
February 25, 2019 Opinion or Order Filing 388 NOTICE of Appearance by Christine D. Hanlon on behalf of Subsurface Informational Surveys, Inc. (Hanlon, Christine)
February 22, 2019 Opinion or Order Filing 387 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Travas McCarthy served on 2/14/2019, answer due 4/15/2019. (nas, )
February 22, 2019 Opinion or Order Filing 386 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $4,045.21. (rar)
February 19, 2019 Opinion or Order Filing 385 ORDER: DENYING without prejudice the #331 Motion to Compel pending a decision on the Motion to Dismiss; GRANTING the #356 Motion to Stay Discovery. Discovery regarding defendants Deas, Gero, Jones, Mason, Patterson, Scott and Stec is stayed pending a decision on the Motion to Dismiss; and DENYING without prejudice the #359 Letter Request/Motion to Compel Responses to Interrogatories, pending a decision on the Motion to Dismiss. Signed by Magistrate Judge Christian F. Hummel on February 19, 2019. {Copy served via regular mail on the pro se plaintiff at FCI Berlin}.(rep)
February 15, 2019 Opinion or Order Filing 384 TRANSCRIPT of Proceedings: Discovery Hearing held on 2/13/2019 before Judge Christian F. Hummel, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019. Notice of Intent to Redact due by 2/20/2019 (jxs, )
February 15, 2019 Opinion or Order Filing 383 LETTER: Filed by Joshua G. Stegemann, pro se, submitting a completed USM-285 and a copy of the #134 Amended Complaint for the U.S. Marshals to effectuate service upon Christopher Fumerola. (Attachments: #1 Mailing Envelope)(rep)
February 15, 2019 Opinion or Order TEXT NOTICE to parties advising that Defendant, D'Agostino's #368 MOTION to Dismiss that is on Judge McAvoy's 2/22/19 Motion Calendar is on submit basis. Appearances are not required. [Served by mail.] (sfp, )
February 14, 2019 Opinion or Order Filing 382 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Frank Mastan. Served on 2/13/2019, answer due 4/15/2019. (rep)
February 13, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephonic Discovery Hearing held on 2/13/2019. Appearances by plaintiff Joshua Stegemann, pro se (from facility); Loren Galvez, Esq. for Mass. defendants. The issue of Plaintiff's Motion to Compel Interrogatories and Discovery demands and Defendant's Motion to Stay Discovery are argued. The Court rules on the motions and a written order will be issued. Plaintiff's Dkt. No. 331 is denied without prejudice with leave to renew; Plaintiff's Dkt. No. 359 is denied without prejudice with leave to renew; Defendant's Dkt. No. 356 is Granted. (Court Reporter Jacqueline Stroffolino) (tab)
February 7, 2019 Opinion or Order Filing 381 RESPONSE IN OPPOSITION: To the #377 MOTION to Dismiss on the grounds that action is barred by the Statute of Limitations. Filed by Joshua G. Stegemann, pro se. {Mailing envelope attached}. (rep)
February 7, 2019 Opinion or Order Filing 380 LETTER: Filed by Joshua Stegemann, requesting three USM-285 Forms. (Envelope attached) {Clerk mailed 3 USM-285 forms to the plaintiff at FCI Berlin via regular U.S. Postal Mail}. (rep)
February 4, 2019 Opinion or Order TEXT NOTICE to parties advising that Defendants Gero, Jones, Mason, Patterson, Scott, Stec, and Deas' #354 MOTION to Dismiss for Failure to State a Claim that is on Judge McAvoy's 2/11/19 Motion Calendar is on submit basis. Appearances are not necessary. [Served by mail.] (sfp, )
February 1, 2019 Opinion or Order Filing 379 RESPONSE: In Opposition to the #372 MOTION to Dismiss for Failure to State a Claim. Filed by Joshua G. Stegemann, pro se. {Envelope attached}. (rep)
January 31, 2019 Opinion or Order Filing 378 Letter Response/ Letter Motion from Kasey K. Hildonen, Esq. for Anthony D'Agostino requesting /response to plaintiff's letter motion #374 providing updated addresses submitted to Judge Christian F. Hummel . (Hildonen, Kasey)
January 31, 2019 Opinion or Order Filing 377 MOTION to Dismiss on the grounds that action is barred by the Statute of Limitations Motion Hearing set for 3/11/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 2/22/2019 Reply to Response to Motion due by 2/28/2019. filed by Subsurface Informational Surveys, Inc.. (Attachments: #1 Affidavit in support of Motion, #2 Memorandum of Law, #3 Affidavit Certificate/Affidavit of Service) (Hanlon, Christine)
January 29, 2019 Opinion or Order Filing 376 NOTICE of Appearance by Kasey K. Hildonen on behalf of Anthony D'Agostino (Hildonen, Kasey)
January 29, 2019 Opinion or Order Filing 375 TEXT ORDER granting #374 Letter Request filed by Joshua G. Stegemann, pro se, dated January 22, 2019, requesting that the Judge direct Attorney James A. Resila to disclose the address of defendant Christopher Fumerola. Defense counsel, James A. Resila, Esq. is directed to provide the last known address for Christopher Fumerola to Plaintiff within ten days of this Order. Authorized by Magistrate Judge Christian F. Hummel on 1/29/2019. (Copy served via regular mail)(tab)
January 28, 2019 Opinion or Order Filing 374 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, dated January 22, 2019, requesting that the Judge direct Attorney James A. Resila to disclose the address of defendant Christopher Fumerola. Submitted to Magistrate Judge Christian F. Hummel. {Exhibit and Envelope attached}. (rep)
January 28, 2019 Opinion or Order Filing 373 RESPONSE IN OPPOSITION: To the #368 MOTION to Dismiss for Failure to State a Claim. Filed by Joshua G. Stegemann, pro se. {Envelope attached}. (rep)
January 28, 2019 Opinion or Order TEXT NOTICE of Hearing on Motion: Defendants Loomis & Peters #372 MOTION to Dismiss for Failure to State a Claim is placed on Judge McAvoy's 3/11/19 Motion Calendar at 10 AM in Albany. Plaintiff's Response to Motion is due by 2/22/2019. Defendant's Reply to Response to Motion is due by 2/28/2019. [Served by mail.](sfp, )
January 24, 2019 Opinion or Order Filing 372 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 3/8/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 2/19/2019 Reply to Response to Motion due by 2/25/2019. filed by Justin Loomis, Wayne Peters. (Attachments: #1 Affidavit Thomas K. Murphy, Esq., #2 Memorandum of Law, #3 Certificate of Service) (Murphy, Thomas)
January 24, 2019 Opinion or Order Filing 371 ORDER FOR TELEPHONE CONFERENCE: Participation of Inmate JOSHUA G. STEGEMANN (20552-052) is hereby ORDERED on Wednesday, February 13th, 2019 at 11:00 a.m. for a telephone conference to be conducted by Magistrate Judge Christian F. Hummel. The Court will initiate the conference call. Signed by Magistrate Judge Christian F. Hummel on 1/23/2019. (Copy served via regular mail on Plaintiff and on Berlin Medium Correctional Institution on 1/24/2019)(tab)
January 24, 2019 Opinion or Order Filing 370 COURT NOTICE of Tele-Conference/Hearing: A Telephonic Discovery Hearing has been set for Wednesday, 2/13/2019 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. This conference/hearing is scheduled for the purpose of addressing Plaintiff's Motions to Enforce Interrogatories, (Dkt nos. 331, 359) as well as Defendants Motion to Stay Discovery, (Dkt. no. 356). As such, this hearing only pertains to and will involve Plaintiff Stegemann and Defense counsel appearing for Defendants Deas, Gero, Jones, Mason, Patterson, Scott and Stec. Plaintiff will appear by telephone from the facility in which he is housed and defense counsel will be conferenced into the Court's conference line directly. (tab)
January 22, 2019 Opinion or Order TEXT NOTICE of Hearing on Motion: Defendant Anthony D'Agostino's #368 MOTION to Dismiss for Failure to State a Claim is placed on Judge McAvoy's 2/22/19 Motion Calendar at 10 AM in Binghamton. Plaintiff's Response to Motion is due by 2/5/2019. Defendant's Reply to Response to Motion is due by 2/11/2019. [Served by mail.](sfp, )
January 18, 2019 Opinion or Order Filing 369 CERTIFICATE OF SERVICE by Anthony D'Agostino re #368 MOTION to Dismiss for Failure to State a Claim (Resila, James)
January 18, 2019 Opinion or Order Filing 368 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/11/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 1/25/2019 Reply to Response to Motion due by 1/31/2019. filed by Anthony D'Agostino. (Attachments: #1 Affidavit, #2 Exhibit(s) A to Resila Affidavit, #3 Memorandum of Law) (Resila, James)
January 16, 2019 Opinion or Order Filing 367 REPLY: To response to the #359 Letter Motion requesting enforcement of interrogatories. Filed by Joshua G. Stegemann, pro se. {Envelope attached. Plaintiff notes in his cover letter that he is replying to the #360 Response}. (rep)
January 16, 2019 Opinion or Order Filing 366 Summons Reissued as to Frank Mastan. {Service packet forwarded to the U.S. Marshal for service}. (rep)
January 15, 2019 Opinion or Order Filing 365 TEXT ORDER: In a letter filed January 14, 2019, plaintiff indicated that service was returned unexecuted for Frank Mastan, and requests that the U.S. Marshals perform personal service on defendant. [Dkt. No. 364]. As Plaintiff has provided the Clerk with the required forms and copies, service by the US Marshal Service on Defendant Frank Mastan, is Ordered. This will be the final attempt at service upon this defendant at this provided address. The Clerk is directed to re-issue the summons and prepare a service packet for the US Marshal for personal service on Frank Mastan. Authorized by Magistrate Judge Christian F. Hummel on 1/15/2019. (Copy served via regular mail)(tab)
January 14, 2019 Opinion or Order Filing 364 LETTER: Filed by Joshua G. Stegemann, providing a USM-285 and copy of the #134 Amended Complaint for personal service upon Frank Mastan. {Envelope attached}. (rep)
January 7, 2019 Opinion or Order Filing 363 RESPONSE IN OPPOSITION: To the #356 First MOTION to Stay Discovery. Filed by Joshua G. Stegemann, pro se. {Envelope attached}. (rep)
January 7, 2019 Opinion or Order Filing 362 RESPONSE IN OPPOSITION: To the #354 First MOTION to Dismiss for Failure to State a Claim. Filed by Joshua G. Stegemann, pro se. (Attachments: #1 Cover Letter and Mailing Envelope)(rep)
January 7, 2019 Opinion or Order Filing 361 Summons Returned Unexecuted as to Frank Mastan. (rep)
January 7, 2019 Opinion or Order Filing 360 RESPONSE in Opposition re #359 Letter Motion for Joshua G. Stegemann requesting enforcement of interrogatories submitted to Judge Christian F. Hummel filed by Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. (Galvez, Lorena)
January 3, 2019 Opinion or Order TEXT NOTICE OF HEARING ON MOTION: The #356 First MOTION to Stay Discovery : is placed on Magistrate Judge Christian F. Hummel's calendar for February 21, 2019 at 9:30 AM in Albany ON SUBMISSION OF THE PAPERS. Response to Motion due by 2/4/2019, Reply to Response to Motion due 2/11/2019. {Copy of this notice is being served on the pro se plaintiff at FCI Berlin via U.S. Postal Mail}.(rep)
January 3, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The docket text of the #357 Acknowledgment of Service (USM 299 Form) was corrected to reflect that the document was filed on 1/2/2019 and not on 1/3/2019. (rep)
January 2, 2019 Opinion or Order Filing 359 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, requesting enforcement of interrogatories. Submitted to Magistrate Judge Christian F. Hummel. (Attachments: #1 Cover letter and mailing envelope)(rep)
January 2, 2019 Opinion or Order Filing 358 ACKNOWLEDGMENT OF SERVICE (USM 299 Form): Executed as to Wayne Peters served on 11/26/2018, answer due 1/25/2019. (rep)
January 2, 2019 Opinion or Order Filing 357 ACKNOWLEDGMENT OF SERVICE (USM 299 Form): Executed as to Justin Loomis served on 11/26/2018, answer due 1/25/2019. (rep) Modified on 1/3/2019 to correct filing date (rep).
December 28, 2018 Opinion or Order Filing 356 First MOTION to Stay Discovery Motion Hearing set for 2/11/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 1/25/2019 filed by James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. (Attachments: #1 Memorandum of Law) Motions referred to Christian F. Hummel. (Galvez, Lorena)
December 28, 2018 Opinion or Order Filing 355 LETTER: Filed by Joshua G. Stegemann, pro se, providing a copy of the #134 Amended Complaint along with a completed USM-285 for service upon Mark Gorman.{Envelope attached}. (rep)
December 28, 2018 Opinion or Order Filing 354 First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/11/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 1/25/2019 Reply to Response to Motion due by 1/31/2019. filed by James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. (Attachments: #1 Affidavit, #2 Memorandum of Law) (Galvez, Lorena)
December 27, 2018 Opinion or Order Filing 353 RESPONSE in Opposition re #331 MOTION to Compel filed by James Deas. (Galvez, Lorena)
December 18, 2018 Opinion or Order Filing 351 Summons Reissued as to Travas McCarthy - service packet forwarded to the U.S. Marshals for service. (rep)
December 17, 2018 Opinion or Order Filing 352 LETTER: Filed by Joshua G. Stegemann, pro se, dated December 12, 2018, requesting two USM-285 forms. {The clerk has sent the plaintiff two forms via regular U.S. Postal Mail}. (rep)
December 17, 2018 Opinion or Order Filing 350 TEXT ORDER re #331 MOTION to Compel filed by Joshua G. Stegemann: Defendant James Deas is directed to file a written response to Plaintiff's Dkt. No. 331 on or by 12/27/2018. Authorized by Magistrate Judge Christian F. Hummel on 12/17/2018. (Copy served via regular mail)(tab)
December 14, 2018 Opinion or Order Filing 349 TEXT ORDER: In a letter filed December 3, 2018, plaintiff indicated that service was returned unexecuted for Travas McCarthy, and requests that the U.S. Marshals perform personal service on plaintiff. Dkt. No. 343. As Plaintiff has provided the Clerk with the required forms and copies for service by the US Marshal Service on Travas McCarthy is Ordered. This will be the final attempt at service upon this defendant at this provided address. The Clerk is directed to re-issue the summons and prepare a service packet for the US Marshal for personal service on Travas McCarthy. So Ordered by Magistrate Judge Christian F. Hummel on December 14, 2018 (Copy served via regular mail)(tab)
December 7, 2018 Opinion or Order Filing 348 Summons Returned Unexecuted as to Christopher Fumerola. (rep)
December 7, 2018 Opinion or Order Filing 347 Summons Returned Unexecuted as to Mark Gorman. (rep)
December 3, 2018 Opinion or Order Filing 346 TEXT ORDER: Plaintiff's #341 Letter Request to strike defendants' answers and for default judgment is hereby DENIED. Plaintiff provides no reasonable basis to strike Defendants' answers, and their answers make Plaintiff's request for default judgment moot. In any case, Plaintiff may not move for default judgment until default has been entered on the docket. Plaintiff's #342 "request for the entry of default judgment" against Defendant Rick Smith is also DENIED. The Court granted Defendant Smith's motion to dismiss Plaintiff's claims on 3/5/2018. See dkt. #201 . He has no obligation to answer. Authorized by Senior Judge Thomas J. McAvoy on 12/3/2018. (Copy served upon Plaintiff via regular mail)(amt)
December 3, 2018 Opinion or Order Filing 345 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Anthony D'Agostino served on 11/26/2018, answer due 1/25/2019. (nas, )
December 3, 2018 Opinion or Order Filing 344 STATUS REPORT: Filed by Joshua G. Stegemann, pro se, dated November 28,2018. {Envelope attached}. (rep)
December 3, 2018 Opinion or Order Filing 343 LETTER: Filed by Joshua Stegemann, pro se, dated November 29,2018, regarding service of Travas McCarthy. {Exhibits and envelope attached}. (rep)
December 3, 2018 Opinion or Order Filing 342 REQUEST FOR ENTRY OF DEFAULT: As to Rick Smith, in his individual capacity, filed by Joshua G. Stegemann, pro se. {Envelope attached}. (rep)
December 3, 2018 Opinion or Order Filing 341 LETTER MOTION TO SRIKE AND FOR DEFAULT JUDGMENT: As to the #333 through #339 Answers, and for Default Judgment to be entered against William Scott, Dale Gero, Steve Jones, John Stec, Michelle Mason, and Robert Patterson. Filed by Joshua G. Stegemann, pro se. Submitted to Senior Judge Thomas J. McAvoy. {Envelope attached}. (rep)
November 30, 2018 Opinion or Order Filing 340 TEXT ORDER: Plaintiff's #332 Request for Entry of Default is hereby DENIED. The Court has previously granted the motion to set aside default by the defendants here involved. See docket #326 . Defendants have now filed answers. See docket numbers #333 - #339 . As the Defendants have complied with the Court's order and the Court has a preference for resolving disputes on the merits, the Court declines to enter default on these facts. Authorized by Senior Judge Thomas J. McAvoy on 11/30/2018. (Copy served upon Plaintiff via regular mail)(amt, )
November 29, 2018 Opinion or Order Filing 339 ANSWER to #134 Amended Complaint,,,, by William Scott.(Galvez, Lorena) Modified on 11/29/2018 to link the Answer to the most recent Amended Complaint (rep).
November 29, 2018 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the #339 Answer to Amended Complaint to link the document to the most recent Amended Complaint, docket entry #134 . The clerk notes that the #339 docket entry is the corrected answer for William Scott, which had been incorrectly filed at docket entry #337 as the wrong document was uploaded. (rep)
November 28, 2018 Opinion or Order Filing 338 ANSWER to #134 Amended Complaint by John Stec.(Galvez, Lorena)
November 28, 2018 Opinion or Order Filing 337 ANSWER to #134 Amended Complaint by William Scott.(Galvez, Lorena) Modified on 11/30/2018, the document attached is an duplicate answer for Robert Patterson. Document no. #339 corrects this document. (see).
November 28, 2018 Opinion or Order Filing 336 ANSWER to #134 Amended Complaint by Robert Patterson.(Galvez, Lorena)
November 28, 2018 Opinion or Order Filing 335 ANSWER to #134 Amended Complaint by Steve Jones.(Galvez, Lorena)
November 28, 2018 Opinion or Order Filing 334 ANSWER to #134 Amended Complaint by Dale Gero.(Galvez, Lorena)
November 28, 2018 Opinion or Order Filing 333 ANSWER to #134 Amended Complaint by Michelle Mason.(Galvez, Lorena)
November 28, 2018 Opinion or Order Filing 332 REQUEST FOR ENTRY OF DEFAULT: As to Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, and John Stec. Filed by Joshua G. Stegemann, Pro Se. (rep)
November 28, 2018 Opinion or Order Filing 331 MOTION FOR ENFORCEMENT OF INTERROGATORIES: Against defendant James Deas. Filed by Joshua G. Stegemann, pro se. (Attachments: #1 Cover Letter and Mailing Envelope) Motions referred to Christian F. Hummel. (rep)
November 26, 2018 Opinion or Order Filing 330 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $3,732.01. (rar, ) (Main Document 330 replaced on 11/27/2018) (nas, ).
November 26, 2018 Opinion or Order Filing 329 Summons Returned Unexecuted as to Travas McCarthy. (nas, )
November 16, 2018 Opinion or Order Filing 328 DECISION AND ORDER: Denying the #327 Motion for Reconsideration. Signed by Senior Judge Thomas J. McAvoy on November 16, 2018. {Copy served via regular mail on the pro se plaintiff at FCI Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
November 7, 2018 Opinion or Order Filing 327 MOTION FOR RECONSIDERATION: Of the #326 Order, based on the availability of newly discovered evidence. Filed by Joshua G. Stegemann, pro se. (Attachments: #1 Cover Letter and Mailing Envelope) (rep)
October 31, 2018 Opinion or Order Filing 326 DECISION AND ORDER: The Court GRANTS the motions of all Defendants who seek dismissal of Plaintiff's Fourth Amendment destruction-of-property claims. Plaintiff's claims which implicate the legality of the search of his property - rather than the implementation of that search - have been dismissed pursuant to the rule in Heck v. Humphrey. Plaintiff may replead those claims if subsequent events lift the bar established by that decision. Only in that sense are the claims dismissed without prejudice. Plaintiff may not re-file those claims until the bar is removed, as noted further herein. Defendants' motions to dismiss, dkt. #s #228 , #240 , and #304 , are hereby GRANTED. Plaintiff's claims against Defendants Richard Giardino, Sandra Blodgett, Mark Geracitano, Shane Holcomb, Arthur Hyde, Richard McNally, Jami Panichi, Rensselaer County, the Rensselaer County Sheriff's Office, Jason Robelotto, William Roy, Patrick Russo, Justin Walread, William Webster, Steve Wohlleer, Derek Pyle, and Corey Film are dismissed with prejudice except for those claims which are subject to the bar in Heck v. Humphrey, 512 U.S. 477 (1994). To the extent that Plaintiff moves for leave to file a Third Amended Complaint to name Thomas Lowrey as Defendant, that motion is DENIED (See Dkt. #245 ). As explained in the Court's previous decisions, Plaintiff's claims which are subject to that Heck bar may be re-plead, BUT ONLY AT SUCH TIME AS PLAINTIFF CAN DEMONSTRATE THAT HE CAN OVERCOME THAT BAR DUE TO A FAVORABLE DETERMINATION FROM SOME OTHER COURT, as noted further herein. The #298 Motion of Defendants Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, and John Stec to set aside default and permit filing of an answer, is hereby GRANTED. The answer and crossclaim entered on the docket on September 28, 2018 is hereby accepted for filing. Plaintiff's #300 Motion for Default Judgment is DENIED. Signed by Senior Judge Thomas J. McAvoy on October 31, 2018. {Copy served on the pro se plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}.(rep)
October 9, 2018 Opinion or Order Filing 325 ANSWER to #134 Amended Complaint by James Deas.(Galvez, Lorena)
October 3, 2018 Opinion or Order Filing 323 Summons Reissued as to Travas McCarthy. (rep) Modified on 10/3/2018 - service packet forwarded to the USMS for service (rep).
October 3, 2018 Opinion or Order Filing 322 Summons Issued as to Anthony D'Agostino, Christopher Fumerola, Mark Gorman, Justin Loomis, Frank Mastan, and Wayne Peters. (rep) Modified on 10/3/2018 - service packets forwarded to the USMS for service (rep).
October 3, 2018 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The docket text of entries #322 and #323 were modified to add language about service packets being forwarded to the USMS for service. (rep)
October 2, 2018 Opinion or Order Filing 324 BILL OF COSTS submitted by US Marshal regarding Service Fees in the amount of $3,724.01. (rep)
October 2, 2018 Opinion or Order Filing 321 TEXT ORDER: The Clerk is hereby directed to add the now known defendants, formally known as members of the Rennselaer County Emergency Response Team, Anthony D'Agostino, Chris Fumerola, Frank Mastan and Mark Gorman to the case caption. As Plaintiff has provided the Clerk with the required forms and copies for service, service of these defendants, by the US Marshal Service, is Ordered. The clerk is hereby directed to add the now known defendants, formally known as members of the Fulton County Sheriff's Office Canine Team, Wayne Peters and Justin Loomis to the case caption. As Plaintiff has provided the Clerk with the required forms and copies for service, service of defendants Peters and Loomis, by the US Marshal Service, is Ordered. As Plaintiff has provided an alternate address for Defendant Travas McCarthy and as the Court has already Ordered personal service on Defendant McCarthy, the Clerk is directed to re-issue the summons and prepare a service packet for the US Marshal for service on McCarthy. So Orderedby Magistrate Judge Christian F. Hummel on 10/2/2018. (Copy served via regular mail)(tab)
October 1, 2018 Opinion or Order Filing 320 LETTER: Filed by Joshua Stegemann, dated September 26, 2018, requesting service on Justin Loomis and Wayne Peters (retired Fulton County Sheriff's Deputies). {Two service packets were included with this letter}. (rep)
October 1, 2018 Opinion or Order Filing 319 REPLY: to Response to Motion regarding the #300 MOTION for Default Judgment as to William Scott, Dale Gero, Steve Jones, John Stec, Michelle Mason, and Robert Patterson. Filed by Joshua G. Stegemann, pro se. (rep)
October 1, 2018 Opinion or Order Filing 318 LETTER REPLY: Filed by Joshua Stegemann, pro se, dated September 25, 2018, Replying to the #309 Notice of Appearance by Joseph P Kittredge and the #311 Reply to Response to Motion #291 MOTION for Limited Admission Pro Hac Vice of Lorena Galvez by Stephen G DeNigris, Esq. (rep)
October 1, 2018 Opinion or Order TEXT NOTICE to parties advising that the pending #298 , #300 , & #304 Motions on Judge McAvoy's 10/9/18 motion calendar are on submit basis. Appearances are not required. [Served by mail.] (sfp, )
September 28, 2018 Opinion or Order Filing 317 ANSWER to #134 Amended Complaint , CROSSCLAIM against Berkshire County Drug Task Force, Sandra Blodgett, James Deas, Investigator Film, Mark Geracitano, Dale Gero, Richard C. Giardino, Shane Holcomb, Arthur Hyde, Steve Jones, Michelle Mason, Travas McCarthy, Richard McNally, Jami Panichi, Robert Patterson, Derek Pyle, Rensselaer County, Jason Robelotto, Kevin Roy, William Roy, Patrick Russo, William Scott, John Stec, Joshua G. Stegemann, Unknown Members of Fulton County Sheriffs Office Canine Team, Unknown Members of the Rensselaer County Emergency Response Team, Justin Walread, William Webster, Steve Wohlleber by Subsurface Informational Surveys, Inc..(Veloce, Richard)
September 28, 2018 Opinion or Order Filing 316 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Returned Executed as to Subsurface Informational Surveys, Inc. served on 8/22/2018, answer due 10/22/2018. (rep)
September 26, 2018 Opinion or Order Filing 315 TEXT ORDER granting Plaintiff's #314 Letter Request for extension of time to file a reply to response to #300 motion for default judgment. Plaintiff's reply to response to motion is due by 10/3/18. Authorized by Senior Judge Thomas J. McAvoy on 9/26/18. (Copy served via regular mail)(sfp, )
September 26, 2018 Opinion or Order Filing 314 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, dated September 21, 2018, requesting an extension of time to reply to defendant's response regarding the #300 Motion for Default Judgment. Submitted to Senior Judge Thomas J. McAvoy. {Cover letter and envelope attached}. (rep)
September 26, 2018 Opinion or Order Reset Motion Deadline: Plaintiff's reply to response to #300 MOTION for Default Judgment is due by 10/3/18. (sfp, )
September 21, 2018 Opinion or Order Filing 313 RESPONSE in Opposition re #300 MOTION for Default Judgment as to William Scott, Dale Gero, Steve Jones, John Stec, Michelle Mason, and Robert Patterson filed by Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. (Attachments: #1 Exhibit(s) A)(Galvez, Lorena)
September 21, 2018 Opinion or Order Filing 312 LETTER: Filed by Joshua Stegemann, pro se, submitting service packets for service to be effectuated on Travas McCarthy, Mark Gorman, Frank Mastan, Christopher Fumerola, and Anthony D'Agostino. {5 copies of the #134 Amended Complaint were provided by the plaintiff as well as 5 completed USM-285 forms}. (rep)
September 20, 2018 Opinion or Order Filing 311 REPLY to Response to Motion re #291 MOTION for Limited Admission Pro Hac Vice of Lorena Galvez by Stephen G DeNigris, Esq Filing fee $100, receipt number ANYNDC-4489978. JOINT REPLY AND OPPOSITION TO PLAINTIFF'S OPPOSITION filed by James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. (Galvez, Lorena)
September 19, 2018 Opinion or Order Filing 310 LETTER MOTION FOR DISCOVERY/STATUS REPORT: Filed by Joshua G. Stegemann, pro se. Submitted to Judge Christian F. Hummel. (Attachments: #1 Cover Letter and Mailing Envelope)(rep)
September 19, 2018 Opinion or Order Filing 309 NOTICE of Appearance by Joseph P Kittredge on behalf of James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec (Kittredge, Joseph)
September 17, 2018 Opinion or Order Filing 308 PLAINTIFF'S REPLY BRIEF: In further support of his #300 MOTION for Default Judgment as to William Scott, Dale Gero, Steve Jones, John Stec, Michelle Mason, and Robert Patterson. Filed by Joshua G. Stegemann, pro se. (rep)
September 17, 2018 Opinion or Order Filing 307 RESPONSE IN OPPOSITION: To the #304 MOTION to Dismiss for Failure to State a Claim. filed by Joshua G. Stegemann, pro se. (Attachments: #1 Cover Letter and Mailing Envelope)(rep)
September 7, 2018 Opinion or Order Filing 305 CERTIFICATE OF SERVICE by Investigator Film re #304 MOTION to Dismiss for Failure to State a Claim (Resila, James)
September 7, 2018 Opinion or Order Filing 304 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/8/2018 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 9/21/2018 Reply to Response to Motion due by 9/27/2018. filed by Investigator Film. (Attachments: #1 Affidavit of James A. Resila, Esq., #2 Exhibit(s) A to Affidavit of James A. Resila, Esq., #3 Memorandum of Law) (Resila, James)
September 7, 2018 Opinion or Order TEXT NOTICE of Hearing on Motion: Defendant Investigator Film's #304 MOTION to Dismiss for Failure to State a Claim is placed on Judge McAvoy's 10/9/18 Motion Calendar at 10 AM in Albany.Plaintiff's Response to Motion is due by 9/21/2018. Defendant's Reply to Response to Motion is due by 9/27/2018. [Served by mail.](sfp, )
September 6, 2018 Opinion or Order Filing 306 MEMORANDUM OF LAW/RESPONSE in Opposition re #298 First MOTION to Set Aside Default ENTRY BY CLERKFirst MOTION for Extension of Time to File Answer filed by Joshua G. Stegemann. (Attachments: #1 Envelope)(hmr)
September 4, 2018 Opinion or Order Filing 303 RESPONSE IN OPPOSITION AND FOR SANCTIONS FOR FAILURE TO SERVE: Regarding the #291 MOTION for Limited Admission Pro Hac Vice of Lorena Galvez by Stephen G DeNigris, Esq. Filed by Joshua G. Stegemann, pro se. (Attachments: #1 Cover Letter)(rep)
September 4, 2018 Opinion or Order COURT TEXT NOTICE scheduling Plaintiff's #300 MOTION for Default Judgment for Senior Judge Thomas J. McAvoy's 10/9/2018 motion calendar at 10:00am in Albany, NY. Response to Motion due by 9/21/2018; Reply to Response to Motion due by 9/27/2018.(amt) [Pltf served via reg. mail]
August 31, 2018 Opinion or Order Filing 302 SUPPLEMENTAL AFFIDAVIT: In support of the #300 MOTION for Default Judgment as to William Scott, Dale Gero, Steve Jones, John Stec, Michelle Mason, and Robert Patterson. Filed by Joshua G. Stegemann, pro se. {Cover letter and envelope attached}. (rep)
August 30, 2018 Opinion or Order Filing 301 Summons returned unexecuted as to Travas McCarthy. (rep)
August 30, 2018 Opinion or Order COURT TEXT NOTICE rescheduling Defendants' #298 First MOTION to Set Aside Default and for Extension of Time to File Answer for Senior Judge Thomas J. McAvoy's 10/9/2018 motion calendar at 10:00am in Albany. Response to Motion due by 9/21/2018; Reply to Response to Motion due by 9/27/2018. (amt) [Pltf served via reg. mail]
August 29, 2018 Opinion or Order Filing 300 MOTION FOR DEFAULT JUDGMENT WITH ATTACHMENTS: Filed by Joshua G. Stegemann as to William Scott, Dale Gero, Steve Jones, John Stec, Michelle Mason, and Robert Patterson. Motion dated August 23, 2018. (Attachments: #1 Mailing Envelope) (rep)
August 29, 2018 Opinion or Order Filing 299 LETTER: Filed by Joshua Stegemann, pro se, requesting that a service package be re-issued to James Deas and requesting 6 USM-285 forms. (Envelope and exhibits attached). {The clerk sent 6 USM-285 forms to the pro se plaintiff at FCI Berlin via regular U.S. Postal Mail}. (rep)
August 29, 2018 Opinion or Order Filing 298 First MOTION to Set Aside Default ENTRY BY CLERK ( Reply to Response to Motion due by 11/1/2018.), First MOTION for Extension of Time to File Answer Motion Hearing set for 11/12/2018 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 10/26/2018 filed by Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. Motions referred to Christian F. Hummel. (Galvez, Lorena)
August 29, 2018 Opinion or Order Filing 297 NOTICE of Appearance by Lorena Galvez on behalf of Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec (Galvez, Lorena)
August 29, 2018 Opinion or Order Filing 296 NOTICE of Appearance by Lorena Galvez on behalf of James Deas (Galvez, Lorena)
August 29, 2018 Opinion or Order Filing 295 NOTICE of Appearance by Lorena Galvez on behalf of Dale Gero (Galvez, Lorena)
August 28, 2018 Opinion or Order Filing 294 ORDER granting #291 Motion for Limited Admission Pro Hac Vice of Lorena Galvez, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/28/2018. (tab)
August 28, 2018 Opinion or Order Filing 293 ORDER granting #290 Motion for Limited Admission Pro Hac Vice for Joseph P. Kittredge, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/28/2018. (tab)
August 27, 2018 Opinion or Order Filing 292 MANDATE OF USCA: Regarding the #203 Appeal - Appellant, pro se, moves for the appointment of counsel. Appellee Jack Mahar moves to dismiss the appeal as taken from a non-final order. This Court has determined that it lacks jurisdiction over this appeal because a final order has not been issued by the District Court as contemplated by 28 U.S.C. 1291. See Petrello v. White, 533 F.3d 110, 113 (2d Cir. 2008). Upon due consideration, it is hereby ORDERED that Appellee's motion is GRANTED and the appeal is DISMISSED. It is further ORDERED that Appellant's motion is DENIED as moot. {Mandate issued on August 27, 2018} (rep) Modified on 8/28/2018 - to add the date the mandate was issued on. (rep).
August 24, 2018 Opinion or Order Filing 291 MOTION for Limited Admission Pro Hac Vice of Lorena Galvez by Stephen G DeNigris, Esq Filing fee $100, receipt number ANYNDC-4489978. filed by James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, John Stec. (Attachments: #1 Exhibit(s) A - Certificate of Good Standing, #2 Exhibit(s) B - Declaration of Lorena Galvez, #3 Exhibit(s) C - Affidavit of Sponsor, #4 Exhibit(s) D - Petition for Admission to Practice, #5 Exhibit(s) E - New Attorney E-Filing Registration Form, #6 Exhibit(s) F - Oath on Admission) Motions referred to Christian F. Hummel. (DeNigris, Stephen)
August 24, 2018 Opinion or Order Filing 290 MOTION for Limited Admission Pro Hac Vice of Joseph P Kittredge by Stephen G DeNigris, Esq. Filing fee $100, receipt number ANYNDC-4489975. filed by James Deas, Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, Rick Smith. (Attachments: #1 Exhibit(s) A - Certificate of Good Standing, #2 Exhibit(s) B - Declaration of Joseph Kittredge, #3 Exhibit(s) C - Affidavit of Sponsor, #4 Exhibit(s) D - Petition for Admission to Practice, #5 Exhibit(s) E - New Attorney E-Filing Registration Form, #6 Exhibit(s) F - Oath of Admission) Motions referred to Christian F. Hummel. (DeNigris, Stephen)
August 23, 2018 Opinion or Order Filing 289 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) returned executed as to James Deas served on 8/9/2018, answer due 10/9/2018. (rep)
August 23, 2018 Opinion or Order Filing 288 TEXT ORDER: The Clerks Entry of Default was entered in this action (Dkt. No. #287 ). Should the Plaintiff wish to move for default judgment, the appropriate motion pursuant to Rule 55(b) and Local Rule 55.2 must be made within thirty (30) days from the date of this Order. Plaintiff must attach a copy of the Clerks Entry of Default to the moving papers to serve on Defendant via regular mail and file a Certificate of Service of same. In the alternative, Plaintiff is directed to file a status report within thirty (30) days from the date of this Order. Authorized by Senior Judge Thomas J. McAvoy on 8/23/2018. (Copy served upon Plaintiff via regular mail)(amt)
August 21, 2018 Opinion or Order Filing 287 ***VACATED***CLERK'S ENTRY OF DEFAULT: Approving the #284 Request for Entry of Default as to Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, and John Stec. {Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep) Modified on 11/1/2018 - ***VACATED PURSUANT TO #326 ORDER.*** (rep).
August 21, 2018 Opinion or Order Filing 286 TEXT ORDER denying and finding as moot #282 Plaintiff's Letter Request to compel discovery and for sanctions, as the requested information has been provided to Plaintiff. Authorized by Magistrate Judge Christian F. Hummel on 8/21/2018. (Copy served via regular mail on 8/21/2018)(tab)
August 21, 2018 Opinion or Order Filing 285 ORDER: Denying the #259 Letter Motion to reinstate defendants Scott Colbert, David Brian Foley, Rick Smith, Glen Civello, Glen F. Decker, John Mazzeo, Tyrone Price, Michael Wynn, Jack Mahar, Christopher Perilli, Thomas Bowler, and David F. Capeless to this matter. Signed by Senior Judge Thomas J. McAvoy on August 21, 2018. {Copy served on the plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
August 16, 2018 Opinion or Order Filing 283 RESPONSE to Motion re #282 Letter Motion for Joshua G. Stegemann submitted to Judge Christian F. Hummel filed by Richard C. Giardino. (Attachments: #1 Letter to Plaintiff 8-16-18, #2 Certificate of Service)(Murphy, Thomas)
August 15, 2018 Opinion or Order Filing 284 REQUEST FOR CLERK'S ENTRY OF DEFAULT: Filed by Joshua G. Stegemann, pro se, as to Dale Gero, Steve Jones, Michelle Mason, Robert Patterson, William Scott, and John Stec. {Envelope attached}. (rep)
August 15, 2018 Opinion or Order Filing 282 LETTER MOTION: To compel discovery and sanctions. Filed by Joshua G. Stegemann, pro se, dated August 9, 2018. Submitted to Magistrate Judge Christian F. Hummel. {Declaration of service and envelope attached}. (rep)
August 13, 2018 Opinion or Order Filing 281 Summons Reissued as to Travas McCarthy, Kevin Roy, and Subsurface Informational Surveys, Inc. {Service packets forwarded to the U.S. Marshals for service}. (rep)
August 9, 2018 Opinion or Order Filing 280 TEXT ORDER denying Plaintiff's #279 Letter Request to consolidate replies to defendant's oppositions to motions. Authorized by Senior Judge Thomas J. McAvoy on 8/9/18. (Copy served via regular mail)(sfp, )
August 8, 2018 Opinion or Order Filing 279 Letter Request Motion filed by Joshua Stegemann to consolidate requested Reply to Defendant Jack Maher's opposition with a Reply to Pittsfield Defendant's opposition. (jdp, )
August 7, 2018 Opinion or Order Filing 277 TEXT ORDER: As set forth on the record during a court conference on 8/2/2018, Plaintiff withdraws #251 LETTER MOTION TO COMPEL AND FOR DEFAULT JUDGMENT Against Attorney Resila's clients for full amount of damages without prejudice. All parties are reminded to properly serve opposing parties in accordance with the FRCP and the NYND local rules. TEXT ORDER granting in part and denying in part #254 LETTER MOTION FOR THE IDENTIFICATION OF THE UNKNOWN N.Y. STATE POLICE SORT MEMBERS AND THE UNKNOWN RENSSELAER COUNTY EMERGENCY RESPONSE TEAM MEMBERS. Granted to the extent that counsel for Rensselaer County Defendants is to provide plaintiff, within 30 days, the names of the Rensselaer County Emergency Response Team members; DENIED as to the N.Y. State Police SORT members; TEXT ORDER granting #264 LETTER MOTION: requesting personal service be directed upon defendant Travas McCarthy ; TEXT ORDER granting #271 LETTER MOTION: requesting that the two USM-285's and copies of the # 134 Amended Complaint be served on Kevin Roy and Subsurface Informational Surveys, Inc. The clerk is directed to prepare service packets for the US Marshal to serve Subsurface Informational Surveys, Inc. at the Massachusetts address and directs personal service upon Kevin Roy. SO ORDERED by Magistrate Judge Christian F. Hummel on 8/7/2018. (Copy served via regular mail)(tab)
August 7, 2018 Opinion or Order Filing 276 TEXT ORDER denying plaintiff's #275 Letter Request to file a reply to defendant's opposition to plaintiff's #259 motion. Authorized by Senior Judge Thomas J. McAvoy on 8/7/18. (Copy served via regular mail)(sfp, )
August 3, 2018 Opinion or Order Filing 275 Letter Motion requesting to file a reply to Defendants Opposition re #259 Motion filed by Joshua G. Stegemann submitted to Judge McAvoy. (jdp, )
August 2, 2018 Opinion or Order Filing 278 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Investigator Film served on 7/13/2018, answer due 9/11/2018. (jdp, )
August 2, 2018 Opinion or Order Filing 274 Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 8/2/2018. Judge Hummel addresses several motions that are pending before him (251, 254, 264 & 271). An order memorializing the Courts decisions is forthcoming. Appearances: Joshua G. Stegemann via telephone & Attorney James A. Resila. ***A copy of this Minute Entry was served upon pro se party via US Mail. (Court Reporter None. CRD S. Snyder) (sas)
July 30, 2018 Opinion or Order Filing 273 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #272 Affidavit in Opposition to Motion, (Brousseau, Shawn)
July 30, 2018 Opinion or Order Filing 272 AFFIDAVIT in Opposition re #259 Letter Motion for Joshua G. Stegemann requesting Reinstatement of submitted to Judge Christian F. Hummel filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Attachments: #1 Affidavit Affidavit of Service by Mail on Pro Se Plaintiff)(Brousseau, Shawn)
July 27, 2018 Opinion or Order Minute Entry for 7/27/2018 MOTION CALENDAR held before Senior Judge Thomas J. McAvoy; App: NONE: Court Reporter: V. Theleman; Defendants' #228 and #240 MOTIONS to Dismiss - TAKEN ON SUBMIT. (amt)
July 27, 2018 Opinion or Order Filing 271 LETTER MOTION: Filed by Joshua G. Stegemann, dated July 23, 2018, requesting that the two USM-285's and copies of the #134 Amended Complaint be served on Kevin Roy and Subsurface Informational Surveys, Inc. {The clerk notes that the USM-285's direct personal service be effectuated. The 2 service packets placed in the cabinet at the Syracuse Clerk's Office}. (rep)
July 27, 2018 Opinion or Order Filing 270 CERTIFICATE OF SERVICE by Jack Mahar re #269 Affidavit in Opposition to Motion, (Resila, James)
July 27, 2018 Opinion or Order Filing 269 AFFIDAVIT in Opposition re #259 Letter Motion for Joshua G. Stegemann requesting Reinstatement of submitted to Judge Christian F. Hummel filed by Jack Mahar. (Attachments: #1 Exhibit(s) A to Affidavit in Opposition, #2 Exhibit(s) B to Affidavit in Opposition, #3 Exhibit(s) C to Affidavit in Opposition)(Resila, James)
July 25, 2018 Opinion or Order Filing 268 CERTIFICATE OF SERVICE by Arthur Hyde, Richard McNally re #267 Affidavit in Opposition to Motion #254 (Resila, James)
July 25, 2018 Opinion or Order Filing 267 AFFIDAVIT in Opposition re #254 Letter Motion for Joshua G. Stegemann submitted to Judge Hummel filed by Arthur Hyde, Richard McNally. (Resila, James)
July 23, 2018 Opinion or Order Filing 266 REPLY to Response to Motion re #228 MOTION to Dismiss for Failure to State a Claim filed by Richard C. Giardino. (Attachments: #1 Reply Memorandum of Law, #2 Certificate of Service)(Murphy, Thomas)
July 20, 2018 Opinion or Order Filing 265 DECLARATION: Filed by Joshua G. Stegemann, pro se, dated July 16, 2018, regarding the mailing of his #261 Response in Opposition and it being considered timely filed. {Cover letter and mailing envelope attached}. (rep)
July 20, 2018 Opinion or Order Filing 264 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, dated July 16, 2018, requesting service be directed upon defendant Travas McCarthy. Submitted to Magistrate Judge Christian F. Hummel. {Cover letter and mailing envelope attached}. (rep)
July 20, 2018 Opinion or Order TEXT NOTICE to parties advising that the pending #228 & #240 MOTIONS on Judge McAvoy's 7/27/18 Motion Calendar is on submit basis. Appearances are not required. [Served by mail.](sfp, )
July 19, 2018 Opinion or Order Filing 263 TEXT ORDER granting #262 Letter Request for two additional USM-285 forms to complete for service. The Clerk is directed to provide Plaintiff with requested forms along with a copy of this Text Order. Authorized by Magistrate Judge Christian F. Hummel on 7/19/2018. (Copy served via regular mail)(tab)
July 18, 2018 Opinion or Order Filing 262 LETTER MOTION: Filed by Joshua G. Stegemann, Pro Se, regarding service on Kevin Roy and Subsurface Informational Surveys, Inc., and requesting two additional USM-285 forms to complete for service on these defendants. {Envelope attached}. (rep)
July 18, 2018 Opinion or Order Filing 261 RESPONSE in Opposition to the #240 MOTION to Dismiss for Failure to State a Claim. Filed by Joshua G. Stegemann, pro se. (Attachments: #1 Mailing Envelope)(rep)
July 18, 2018 Opinion or Order Filing 260 TEXT ORDER granting Defendant Giardino's #258 Letter Request for an extension of time to file his reply to response to #228 motion. Reply to response to motion is now due by 7/23/18. Authorized by Senior Judge Thomas J. McAvoy on 7/18/18. (Copy served via regular mail)(sfp, )
July 18, 2018 Opinion or Order Reset Motion Deadline: Deft Giardino's reply to response to motion is due by 7/23/18 as to #228 MOTION to Dismiss. [This entry is made to set the deadline in the system.] (sfp, )
July 16, 2018 Opinion or Order Filing 259 LETTER MOTION: Requesting reinstatement of defendants Scott Colbert, David Brian Foley, Rick Smith, Glen Civello, Glen F. Decker, John Mazzeo, Tyrone Price, Michael Wynn, Jack Mahar, Christopher Perilli, Thomas Bowler, and David F. Capeless. Filed by Joshua G. Stegemann, pro se. Submitted to Senior Judge Thomas J. McAvoy. {Declaration and envelope attached}. (rep)
July 16, 2018 Opinion or Order Filing 258 Letter Motion from Thomas K. Murphy, Esq. for Richard C. Giardino requesting Extension of Defendant's Reply Deadline to July 23, 2018 submitted to Judge Hummel . (Attachments: #1 Certificate of Service)(Murphy, Thomas)
July 16, 2018 Opinion or Order Filing 257 ORDER FOR TELEPHONE CONFERENCE: Participation of Inmate JOSHUA G. STEGEMANN (20552-052) is hereby ORDERED on Thursday, August 2, 2018 at 11:00 a.m. for a telephone conference to be conducted by Magistrate Judge Christian F. Hummel. The Court will initiate the call. Signed by Magistrate Judge Christian F. Hummel on 7/16/2018. (Copies served on plaintiff and upon other agencies (FCI Berlin) as directed on 7/16/2018)(tab)
July 16, 2018 Opinion or Order Filing 256 COURT NOTICE of Conference: A Discovery Conference has been set for Thursday, 8/2/2018 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Plaintiff will appear by telephone from FCI Berlin and the Court will initiate the call. Defense counsel is directed to appear in person for the conference. An Order to Produce Plaintiff for a Telephone Conference will be issued.(tab)(Notice served on Plaintiff via regular mail on 7/16/2018)
July 16, 2018 Opinion or Order Filing 255 TEXT ORDER re #254 Letter Motion for Joshua G. Stegemann submitted to Judge Hummel filed by Joshua G. Stegemann. Defendants are directed to file a response to Plaintiff's Dkt. No. 254 on or before 7/25/2018. The Court will schedule a telephone conference with Plaintiff and Defense counsel, in the near future, to address Plaintiff's Dkt. Nos. 251 and 254 letter requests/motions, under separate notice. Authorized by Magistrate Judge Christian F. Hummel on 7/16/2018. (Copy served via regular mail on 7/16/2018)(tab)
July 13, 2018 Opinion or Order Filing 254 LETTER MOTION FOR THE IDENTIFICATION OF THE UNKNOWN N.Y. STATE POLICE SORT MEMBERS AND THE UNKNOWN RENSSELAER COUNTY EMERGENCY RESPONSE TEAM MEMBERS: Filed by Joshua G. Stegemann, pro se. Submitted to Magistrate Judge Christian F. Hummel. (Attachments: #1 Cover Letter and Mailing Envelope)(rep)
July 12, 2018 Opinion or Order Filing 253 CERTIFICATE OF SERVICE by Sandra Blodgett, Shane Holcomb, Arthur Hyde, Richard McNally, Jami Panichi, Jason Robelotto, William Roy, Patrick Russo, Justin Walread, William Webster, Steve Wohlleber re #252 Response to Motion, (Resila, James)
July 12, 2018 Opinion or Order Filing 252 RESPONSE to Motion re #251 Letter Motion for Joshua G. Stegemann submitted to Judge Christian F. Hummel filed by Sandra Blodgett, Mark Geracitano, Shane Holcomb, Arthur Hyde, Richard McNally, Jami Panichi, Jason Robelotto, William Roy, Patrick Russo, Justin Walread, William Webster, Steve Wohlleber. (Resila, James)
July 11, 2018 Opinion or Order Filing 251 LETTER MOTION TO COMPEL AND FOR DEFAULT JUDGMENT: Against Attorney Resila's clients for full amount of damages. Filed by Joshua G. Stegemann, pro se. Submitted to Magistrate Judge Christian F. Hummel. (Attachments: #1 Cover Letter and Mailing Envelope)(rep)
July 11, 2018 Opinion or Order Filing 250 Summons Returned Unexecuted as to Kevin Roy. (rep)
July 10, 2018 Opinion or Order Filing 249 TEXT ORDER denying #248 Letter Request. On July 5, 2018, plaintiff filed a letter motion seeking service of summonses and the complaint upon defendants Film, Deas, Roy, and McCarthy. Dkt. No. 248. Plaintiff's request is denied for the following reasons. As to defendants Deas and Film, summonses were reissued on July 3, 2018. Dkt. No. 246. As to defendant Roy, counsel for Roy has appeared in this action and has filed a Motion to Dismiss on his behalf. Dkt. No. 240, 241. Finally, as to defendant McCarthy, service was attempted upon this defendant both by mail and in person, and summonses were returned unexecuted for both methods. Dkt. Nos. 236, 242. Plaintiff has failed to demonstrate that reissuing personal service upon McCarthy at the same address would be fruitful. If plaintiff is able to provide the Court with a new address or further information regarding defendant McCarthy that would be likely to lead to successful service upon this defendant, the Court will reissue summonses for McCarthy at that time. SO ORDERED by Magistrate Judge Christian F. Hummel on 7/10/2018. (Copy served via regular mail on 7/10/2018)(tab)
July 5, 2018 Opinion or Order Filing 248 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, requesting the enclosed service packets for James Deas, Travas McCarthy, William Roy, and Investigator Film be forwarded to the U.S. Marshals for service upon the defendants. {Each service packet contains a completed USM-285 for the noted defendants and 4 copies of the #134 Amended Complaint}. (rep) Modified on 7/6/2018 to correct the name of the USM form number from 4 to 5 (rep).
July 5, 2018 Opinion or Order Filing 247 TEXT ORDER granting #244 Letter Request: On June 29, 2018, plaintiff filed a letter motion seeking the Court to order defendant Richard C. Giardino to identify the Unknown Members of the Fulton County k9 Team that participated in the planning and execution of the search warrant(s) at 138 Lousey Road, Rensselaer County, Stephentown, New York between April 29 and May 3, 2013. Dkt. No. 244 at 1. Plaintiff named, for the first time, Unknown Members of the Fulton County Canine Team in the Second Amended Complaint. Dkt. No. 134. In this Courts March 5, 2018 Decision and Order, as relevant here, the Court (1) reviewed whether the Second Amended Complaint, filed without leave of the Court and without apparent opposition from defendants, (2) determined that the Second Amended Complaint was futile as to many defendants and claims, and (3) addressed motions to dismiss the Second Amended Complaint filed by various defendants. Dkt. No. 201 at 7-8, 31, 33. The March 5, 2018 Decision and Order addressed the Unknown Members of the Fulton County Sheriffs Office Canine Team only insofar as it denied plaintiffs request for discovery from this defendant as moot, apparently because that defendant had not been served. Dkt. No. 201 at 43, 43 n.5. In its May 30, 2018 Order, the Court identified the Second Amended Complaint as the operative pleading. Dkt. No. 207 at 2-3. Therefore, the Clerk of the Court is directed to amend the docket to add as defendants Unknown Members of Fulton County Sheriffs Office Canine Team. Plaintiffs request, Dkt. No. 244, is GRANTED insofar as counsel for defendant Richard C. Giardino is directed, within thirty days of entry of this text order, to provide plaintiff with a list of individuals who were employed as members of the Fulton County Canine Team in March 2013, to the extent Mr. Giardino has such knowledge of the names of such individuals. SO ORDERED by Magistrate Judge Christian F. Hummel on 7/5/2018. (Copy served via regular mail on 7/5/2018)(tab)
July 3, 2018 Opinion or Order Filing 246 Summons Reissued as to James Deas and Investigator Film. {Service packets forwarded to the U.S. Marshals for service upon these defendants}. (rep)
July 2, 2018 Opinion or Order Filing 245 RESPONSE IN OPPOSITION: To the #228 Motion to Dismiss for Failure to State a Claim by Richard C. Giardino. Filed by Joshua G. Stegemann, pro se, dated June 28, 2018. (Attachments: #1 Mailing Envelope and Cover Letter)(rep)
June 29, 2018 Opinion or Order Filing 244 LETTER MOTION: For the Identification of the Unknown Members of the Fulton County K9 Team. Filed by Joshua G. Stegemann, pro se, dated June 24, 2018 submitted to Judge Christian F. Hummel. {Declaration, Certificate of Service, cover letter, and mailing envelope attached}. (rep)
June 29, 2018 Opinion or Order Filing 243 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, dated June 25, 2018, memorializing that the U.S. Marshals were unable to effectuate service upon defendant Travas McCarthy and requesting a blank USM-285 form to complete and resubmit for service. (rep)
June 29, 2018 Opinion or Order Filing 242 TEXT ORDER: Plaintiff filed a letter motion on May 29, 2018 requesting personal service on "those defendants that have previously refused to comply by mail." Dkt. No. #226 . Plaintiff contends that the "majority of the defendants presently pending service by mail" have "refused to comply with service by mail." Id. Plaintiff further contends that the Court's Order at Dkt. No. 207 directs personal service upon those defendants for whom initial service by mail was unsuccessful. Id. Thus, plaintiff requests the Court "direct the Marshals to comply with its order in Dkt. No. 207, at 2, and with Local Rule 5.1(g)." Id. at 1. Since plaintiff's letter motion, several defendants have acknowledged service and have appeared. Dkt. No. 231, 232, 233, 234, 235, 237, 241. Summonses have been returned unexecuted for Defendant Travas McCarthy, Investigator Film, James Deas, and Subsurface Informational Surveys. Dkt. No. 230, 239. The U.S. Marshals has attempted to serve defendant McCarthy both by mail and by personal service, both methods have resulted in summonses being returned unexecuted. Dkt. Nos. 110, 236. Similarly, the U.S. Marshals completed personal service of defendant Subsurface Informational Surveys at the address provided in California. Dkt. No. 239. During the attempt of personal service, it was discovered that defendant Subsurface Informational Surveys does not exist at the address provided. Id. To the extent plaintiff's letter motion has requested that the Marshals attempt personal service on the defendants against whom service had been unsuccessful by mail, that request is granted insofar as the Marshals have already attempted personal service on such defendants. The Court notes that its March 30, 2018 Order, Dkt. No. 207, did not direct personal service on defendants Investigator Film and James Deas, as these defendants had not yet been served by mail at the time of that Order. See Dkt. No. 207. However, in order to assist plaintiff in effectuating service on defendants Film and Deas now that summonses by mail on these defendants were returned unexecuted, Dkt. No. 230, the U.S. Marshals are directed to attempt personal service on the following defendants: Investigator Film, and James Deas. Plaintiff's letter request, Dkt. No. 226, is otherwise denied. The Clerk of the Court is directed to complete USM-285 forms for defendants Film and Deas, reissue summonses and forward the necessary documents to the U.S. Marshal for personal service on these two defendants. SO ORDERED by Magistrate Judge Christian F. Hummel on 6/29/18. (served on plaintiff by regular mail) (alh, )
June 26, 2018 Opinion or Order Filing 241 CERTIFICATE OF SERVICE by Sandra Blodgett, Mark Geracitano, Shane Holcomb, Arthur Hyde, Richard McNally, Jami Panichi, Derek Pyle, Rensselaer County, Jason Robelotto, William Roy, Patrick Russo, Justin Walread, William Webster, Steve Wohlleber re #240 MOTION to Dismiss for Failure to State a Claim (Resila, James)
June 26, 2018 Opinion or Order Filing 240 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/27/2018 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 7/10/2018 Reply to Response to Motion due by 7/16/2018. filed by Sandra Blodgett, Mark Geracitano, Shane Holcomb, Arthur Hyde, Richard McNally, Jami Panichi, Rensselaer County, Jason Robelotto, William Roy, Patrick Russo, Justin Walread, William Webster, Steve Wohlleber, Derek Pyle. (Attachments: #1 Affidavit of James A. Resila, Esq., #2 Memorandum of Law) (Resila, James) Modified on 6/27/2018 (sfp, ).
June 25, 2018 Opinion or Order Filing 239 Summons Returned Unexecuted as to personal service attempt on Subsurface Informational Surveys, Inc. (alh, )
June 25, 2018 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY Dkt. No. #236 : The Clerk has modified this entry to clarify that this is a PROCESS RECEIPT AND RETURN of USM 285 Returned Unexecuted as to defendant McCarthy. (alh, )
June 22, 2018 Opinion or Order Filing 237 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to William Scott, served on 6/8/2018, answer due 8/7/2018. (rep)
June 22, 2018 Opinion or Order Filing 236 PROCESS RECEIPT AND RETURN of USM 285: Returned Unexecuted as to Travas McCarthy. (rep) Modified on 6/25/2018 (alh, ).
June 22, 2018 Opinion or Order Filing 235 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Steve Jones, served on 6/4/2018, answer due 8/3/2018. (rep)
June 22, 2018 Opinion or Order Filing 234 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Robert Patterson, served on 6/15/2018, answer due 8/14/2018. (rep)
June 22, 2018 Opinion or Order Filing 233 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Michelle Mason, served on 6/4/2018, answer due 8/3/2018. (rep)
June 22, 2018 Opinion or Order Filing 232 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to John Stec, served on 6/12/2018, answer due 8/13/2018. (rep)
June 22, 2018 Opinion or Order Filing 231 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Dale Gero, served on 6/4/2018, answer due 8/3/2018. (rep)
June 21, 2018 Opinion or Order Filing 238 Letter from Stegemann requesting 3 USM-285 forms. Forms provided. (nas, )
June 15, 2018 Opinion or Order Filing 230 PROCESS RECEIPT AND RETURN of USM 285: Returned Unexecuted as to Investigator Film, James Deas, and William Roy. (meb)
June 15, 2018 Opinion or Order Filing 229 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Sandra Blodgett served on 5/3/2018, answer due 7/2/2018; Mark Geracitano served on 5/3/2018, answer due 7/2/2018; Shane Holcomb served on 5/3/2018, answer due 7/2/2018; Arthur Hyde served on 5/3/2018, answer due 7/2/2018; Jami Panichi served on 5/3/2018, answer due 7/2/2018; Derek Pyle served on 5/3/2018, answer due 7/2/2018; Rensselaer County served on 5/3/2018, answer due 7/2/2018; Jason Robelotto served on 5/3/2018, answer due 7/2/2018; Patrick Russo served on 5/3/2018, answer due 7/2/2018; Justin Walread served on 5/3/2018, answer due 7/2/2018; William Webster served on 5/3/2018, answer due 7/2/2018; Steve Wohlleber served on 5/3/2018, answer due 7/2/2018. (meb)
June 14, 2018 Opinion or Order Filing 228 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/27/2018 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 7/10/2018 Reply to Response to Motion due by 7/16/2018. filed by Richard C. Giardino. (Attachments: #1 Affidavit Thomas K. Murphy, Esq., #2 Memorandum of Law, #3 Certificate of Service) (Murphy, Thomas)
June 12, 2018 Opinion or Order ***Answer due date updated for William Roy: answer due 6/29/2018. (rep)
June 8, 2018 Opinion or Order Filing 227 AFFIDAVIT of Service for Summons and Complaint served on William S. Roy on 6/8/2018, filed by William Roy. (Resila, James)
May 29, 2018 Opinion or Order Filing 226 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, dated May 22, 2018, requesting personal service on certain defendants. Submitted to Magistrate Judge Hummel. {Cover letter and envelope attached}. (rep)
May 22, 2018 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: (Telephonic) Status Conference held on 5/22/2018. Appearance by Joshua G. Stegemann, pro se plaintiff. The Court and plaintiff discuss some of the remaining service issues in this case. The Court advises plaintiff that as new defendants appear in the case, some aid in identifying the John Does in this case may become available. The Court also advises plaintiff that, very recently, additional summonses were issued by the court and service is being done on many more defendants now. (Court Reporter Theresa Casal) (tab)
May 22, 2018 Opinion or Order Service packet as to Kevin Roy forwarded to the U.S. Marshals pursuant to the # 219 Text Order. {Copy of this docket annotation sent to the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular mail}. (rep)
May 21, 2018 Opinion or Order Filing 225 Summons Issued as to Kevin Roy. (rep)
May 18, 2018 Opinion or Order Filing 224 LETTER: Filed by Joshua Stegemann, pro se, dated May 8, 2018, in response to the # 219 Text Order regarding service of Kevin Roy. {USM 285, a copy of the #134 Amended Complaint that the plaintiff submitted for service are currently stored in the Syracuse Clerk's Office}. (rep)
May 15, 2018 Opinion or Order Filing 223 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Richard C. Giardino served on 4/27/2018, answer due 6/26/2018. (hmr)
May 15, 2018 Opinion or Order Filing 222 ACKNOWLEDGMENT OF SERVICE (USM 285 Form) Executed as to Richard C. Giardino served on 04/27/2018, answer due 6/26/2018. (hmr) Modified on 5/15/2018 (hmr).
May 15, 2018 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #222 Acknowledgment of Service (USM 285 Form): Clerk removed "5/1/2018" as date served and added "4/27/2018" the correct service date. Clerk also removed 7/2/2018 as answer due date and added "6/26/2018", the correct due date. Clerk added the 5/1/2018 service date in error to this docket entry, the correct service date is 4/27/2018. The correct answer due date for Richard C. Giardino is 6/26/2018. (hmr)
May 11, 2018 Opinion or Order Filing 221 ORDER FOR TELEPHONE CONFERENCE: A Telephonic Status Conference has been set for Tuesday, 5/22/2018 @ 10:30 AM before Magistrate Judge Christian F. Hummel. Plaintiff will appear by telephone from Berlin Correctional Facility and the Court will initiate the call. (Parties who have appeared in this case, through counsel, but have been dismissed/terminated from the action, need not participate in this conference). Signed by Magistrate Judge Christian F. Hummel on 5/7/2018. (Copy served via regular mail on Plaintiff and Berlin Correctional Facility. The facility was also served via email on 5/7/2018)(tab)
May 7, 2018 Opinion or Order Filing 220 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Richard McNally served on 4/27/2018, answer due 6/26/2018. (rep)
May 2, 2018 Opinion or Order Filing 219 TEXT ORDER: In a letter filed on April 26, 2018, Dkt. No. 216, Plaintiff identified Kevin Roy as an unknown member of the Renssealer County Emergency Response Team. In a letter filed on April 26, 2018, Dkt. No. 217, Plaintiff requested the Court provide him "the proper papers to commence service of process upon defendant Roy" and to add his name to the caption. Plaintiff also renews his request for appointment of counsel. Plaintiff's letter motion at Dkt. No. 217 is GRANTED to the limited extent that the Clerk of the Court is directed to send Plaintiff a USM 285 form and a blank summons form for Defendant Kevin Roy. Plaintiff must return this completed USM 285 form, a proposed summons, along with a copy of the complaint, to the Court within fourteen (14) days of receiving this text order. Plaintiff's request for appointment of counsel is DENIED for the reasons set forth in Dkt. Nos. 115 and 206. Plaintiff's remaining requests for relief will be addressed in a Court conference to be held at a time and date to be identified by the Court in a subsequent text order. SO ORDERED by Magistrate Judge Christian F. Hummel on 5/2/2018. (Copy served via regular mail on 5/2/2018 along with blank USM285 form and a blank summons form)(tab)
April 30, 2018 Opinion or Order Filing 218 LETTER: From Joshua Stegemann, pro se, dated April 26, 2018, inquiring as to the status of personal service in his case. {The clerk is sending the plaintiff another copy of the April 27, 2018 docket annotation regarding service packets being forwarded to the U.S. Marshals for service. Sent to the plaintiff at FCI Berlin via regular mail}. (rep)
April 27, 2018 Opinion or Order Filing 215 Summons Issued as to Sandra Blodgett, James Deas, Investigator Film, Mark Geracitano, Dale Gero, Richard C. Giardino, Shane Holcomb, Arthur Hyde, Steve Jones, Michelle Mason, Travas McCarthy, Richard McNally, Jami Panichi, Robert Patterson, Derek Pyle, Rensselaer County, Jason Robelotto, William Roy, Patrick Russo, William Scott, John Stec, Subsurface Informational Surveys, Inc., Justin Walread, William Webster, and Steve Wohlleber. (rep)
April 27, 2018 Opinion or Order Service packets forwarded to the U.S. Marshals pursuant to the # 214 Text Order. {Copy of this docket annotation sent to the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular mail}. (rep)
April 26, 2018 Opinion or Order Filing 217 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, dated April 24, 2018, responding to the #207 Order and requesting the following: that Defendant Kevin Roy be served and that Stegemann be provided with papers to commence service on Roy; for the U.S. Marshals to assist in identifying John Doe defendants; and reconsideration of appointment of counsel. Submitted to Judge Christian F. Hummel. {Declaration, cover letter, and envelope attached}. (rep)
April 26, 2018 Opinion or Order Filing 216 LETTER: Filed by Joshua G. Stegemann, pro se, dated April 23, 2018, identifying Kevin Roy as one of the Unknown Members of RCERT. He also advises the Court that he is still attempting to investigate the identities of the other members, but that he is unlikely to be able to identify them without the benefit of discovery. {Cover letter and envelope attached}. (rep)
April 26, 2018 Opinion or Order Filing 214 TEXT ORDER: the Clerk shall issue summonses for the following defendants: John Stec, Justin Walread, William Webster, Steven Wohlleber,Rensselaer County, Jason Robelotto, Richard McNallly, James Deas, Patrick Russo, William Scott, Arthur Hyde, Steve Jones, Michelle Mason, Travas McCarthy, Jami Panichi, Robert Patterson, Derek Pyle, Mark Geracitano, Dale Gero, Subsurface Informational Services, Inc., Investigator Film, Shane Holcomb, Sandra Blodgett, Richard C. Giardino, and William Roy. The Clerk shall send the summonses with the necessary documents to the U.S. Marshal to effect service upon these defendants by mail. The Court directs that personal service is to be conducted on those defendants in which initial service was unsuccessful. Authorized by Magistrate Judge Christian F. Hummel on 4/26/18. (copy served on plaintiff by regular mail)(alh, )
April 25, 2018 Opinion or Order Filing 213 TEXT ORDER: The Clerk of Court is directed to modify the docket to identify the operative pleading as the "Second Amended Complaint", Dkt. No. #134 . The Clerk is further directed to modify the docket to correctly identify defendant "Art Hyde" to "Arthur Hyde" and "Pat Russo" to "Patrick Russo" as indicated in plaintiff's #134 Second Amended Complaint and the #201 Decision and Order. Authorized by Magistrate Judge Christian F. Hummel on 4/25/18. (served on plaintiff by regular mail)(alh, )
April 19, 2018 Opinion or Order Filing 212 TEXT ORDER: On March 30, 2018, this Court stated the following: "Defendant Michael Wynn was terminated from this action. See Dkt. No. 201. However, theSecond Amended Complaint (Dkt. No. 134) seeks to add Michael Fynn. As this may be a new defendant, rather than a corrected spelling of 'Wynn,' out of an abundance of caution, service will be directed as to Michael Fynn." Dkt. No. 207. On April 2, plaintiff indicated that there is no defendant Michael Fynn and he does not wish to serve a Michael Fynn. Dkt. No. 210. Pursuant to the Plaintiff's #210 and this Court's #207 Order, the Clerk of Court is directed to terminate defendant Michael Fynn from the docket and summonses need not be issued as to Michael Fynn as directed in the #207 Order. SO ORDERED by Magistrate Judge Christian F. Hummel on 4/19/2018. (Copy served via regular mail)(tab)
April 17, 2018 Opinion or Order Filing 211 ORDER: Denying the #181 Appeal of Magistrate Judge Hummel's Decision/Letter Request. The Magistrate Judge properly concluded that discovery should be stayed until the motions to dismiss are resolved. Signed by Senior Judge Thomas J. McAvoy on April 17, 2018. {Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
April 16, 2018 Opinion or Order Filing 210 Cover Letter and Envelope from Joshua G. Stegemann, pro se, submitting 25 completed USM-285 forms and 25 copies of the #134 Amended Complaint for service, and advising that there is no such defendant as Michael Fynn and, thus, is not requesting service on such person. (Attachments: #1 Mailing Envelope)(rep)
April 2, 2018 Opinion or Order Filing 209 LETTER: Filed by Joshua G. Stegemann, pro se, dated March 27, 2018, in further support of his #202 Renewed Motion for In Hand Service. (Attachments: #1 Cover Letter and Envelope)(rep)
April 2, 2018 Opinion or Order Filing 208 LETTER: Filed by Joshua G. Stegemann, pro se, dated March 27,2018, advising that his Motion for Appointment of Counsel was intended for the Second Circuit and that that his Motion for In Hand Service should be the only pending motion with this Court from him. {Envelope attached}. (rep)
March 30, 2018 Opinion or Order Filing 207 ORDER: Granting in part and denying in part the #202 Letter Request. It is ORDERED, that plaintiff's letter motion is GRANTED IN PART: (1) Plaintiff is directed to identify the Unknown Members of the Rensselaer County Emergency Response Team within thirty (30) days of issuance of this Order. Thus, within thirty (30) days of issuance of this Order, plaintiff must contact the Court, provide the identities of these defendants, request summonses for those defendants, and, upon receipt, prepare service papers for those defendants; (2) The Clerk of Court is further directed modify the docket in accordance with the operative pleading, the Second Amended Complaint (Dkt. No. #134 ), add defendants as further noted within the Order; (3) The Clerk of Court is further directed to modify the docket to correctly identify defendant "J.S. Robelotto" as "Jason Robelotto", defendant "Travis McCarthy" as "Travas McCarthy", and defendant "Captain Pyle" as "Derek Pyle"; (4) The Clerk of the Court is further directed to modify the docket to terminate Rensselaer County Sheriff's Office and Rensselaer County District Attorney's Office as the operative pleading (Dkt. No. #134 ) does not name these parties as defendants; (5) The Clerk of the Court is directed to serve plaintiff one (1) copy of the operative pleading (Dkt. No. #134 ), along with twenty-seven (27) USM 285 forms for plaintiff to fill out. Plaintiff must return these completed USM 285 forms, along with twenty-seven (27) copies of the operative pleading on or before Friday, April 20, 2018 for service of process to be completed; and it is further ORDERED, that all other relief requested in plaintiff's letter motion (Dkt. No. #202 ) is DENIED.Signed by Magistrate Judge Christian F. Hummel on March 30, 2018. (Notice of Compliance Deadline 4/30/2018 Case Review Deadline 4/20/2018). {Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}(rep)
March 27, 2018 Opinion or Order Filing 206 ORDER: Denying the #205 Motion to Appoint Counsel. It is ORDERED, that plaintiff's request for "transfer [of] the Notice of Appeal and Docket Entries to the Clerk of the Second Circuit Court of Appeals, along with the Original Record... " and service of "this Notice upon all interested parties, along with all requisite duties" (Dkt. No. #205 ) is DENIED. Signed by Magistrate Judge Christian F. Hummel on March 27, 2018. {Copy served via regular mail on the plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}.(rep)
March 22, 2018 Opinion or Order Filing 205 MOTION TO APPOINT COUNSEL: Filed by Joshua G. Stegemann, pro se, originally in the 2nd Circuit Court of Appeals on March 15, 2018. (The clerk notes that in their cover letter, the 2nd Circuit believes that the paperwork was mistakenly sent to them first and has been sent to District Court for filing). {Notice of Appeal, copies of 2nd Circuit forms, and plaintiff's original mailing envelope attached}. (Attachments: #1 2nd Circuit's Cover Letter and Mailing Envelope) Motions referred to Christian F. Hummel. (rep)
March 16, 2018 Opinion or Order Filing 204 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the #203 Notice of Appeal. {A copy of this notice has been sent to the plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular U.S. Postal Mail}. (rep)
March 15, 2018 Opinion or Order Filing 203 NOTICE OF APPEAL: Filed by Joshua G. Stegemann, Pro Se, as to the #201 Order. {7 copies of the Appeal Notice provided to the Clerk}. {Filed stamped copy of the Notice has been sent to the plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular U.S. Postal Mail}. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(rep)
March 13, 2018 Opinion or Order Filing 202 RENEWED LETTER MOTION FOR IN-HAND SERVICE BY U.S. MARSHALS: Filed by Joshua G. Stegemann, Pro Se. {Exhibit attached}. (Attachments: #1 Cover Letter and Mailing Envelope)(rep)
March 5, 2018 Opinion or Order Filing 201 DECISION AND ORDER: GRANTING the defendants' #57 , #79 , #91 , #94 , #97 , #114 , #145 , #148 , #150 , and #158 Motions to Dismiss. Plaintiff's claims against these Defendants are dismissed with prejudice except for those claims which are subject to the bar in Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff's claims which are subject to that Heck bar may be re-plead, BUT ONLY AT SUCH TIME AS PLAINTIFF CAN DEMONSTRATE THAT HE CAN OVERCOME THAT BAR DUE TO A FAVORABLE DETERMINATION FROM SOME OTHER COURT. Any attempt by Plaintiff to file an Amended Complaint containing any of the claims dismissed by this opinion that are not subject to the Heck bar will be summarily dismissed by the Court. Any attempt to file an Amended Complaint containing the claims subject to the Heck bar that does not contain allegations that the bar has been lifted will be summarily dismissed by the Court. Plaintiff may be subject to sanction for filing such a frivolous action.Plaintiff's #142 Motion to Compel is DENIED AS MOOT. Plaintiff's #152 and #153 Motions for Default Judgment are DENIED. Plaintiff's #169 and #196 Motions to Compel Discovery are DENIED AS MOOT. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on March 5, 2018. {Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}.(rep)
February 6, 2018 Opinion or Order Filing 200 MANDATE OF USCA: As to the #51 Notice of Interlocutory Appeal - Appellant, pro se, moves for leave to appeal and for appointment of counsel. This Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the District Court as contemplated by 28 U.S.C. 1291. See Petrello v. White, 533 F.3d 110, 113 (2d Cir. 2008). Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED. It is further ORDERED that Appellant's motions are DENIED. {Mandate issued on February 6, 2018}. (rep)
January 8, 2018 Opinion or Order Minute Entry: MOTION CALENDAR held 1/08/2018 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP/CR/CRD: None. Pltf's #181 Letter Motion (APPEAL) of Magistrate Judge Hummel's 168 Text Order - TAKEN ON SUBMIT. (cml)
December 22, 2017 Opinion or Order Filing 199 RESPONSE in Opposition re #181 Letter Motion for Joshua G. Stegemann submitted to Judge Senior Judge Thomas J. McAvoy filed by Berkshire County, Berkshire County District Attorney's Office, Berkshire County Sheriff's Office, Thomas Bowler, David F. Capeless, Scott Colbert, David Brian Foley, Richard Locke, Massachusetts State Police, Rick Smith. (Fee, Abigail)
December 22, 2017 Opinion or Order Filing 198 CERTIFICATE OF SERVICE by Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma re #197 Response in Opposition to Motion, on Plaintiff (Boivin, Bruce)
December 22, 2017 Opinion or Order Filing 197 RESPONSE in Opposition re #181 Letter Motion for Joshua G. Stegemann submitted to Judge Senior Judge Thomas J. McAvoy appealing MJ order staying discovery filed by Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma. (Boivin, Bruce)
December 21, 2017 Opinion or Order Filing 196 MOTION to Compel Discovery and for Sanctions filed by Joshua G. Stegemann. (Attachments: #1 Exhibit(s), #2 Envelope) Motions referred to Christian F. Hummel. (hmr)
December 20, 2017 Opinion or Order Filing 195 AFFIDAVIT re #194 Memorandum of Law Declaration of Service by AT&T Wireless. (Lutkus, Stacy)
December 20, 2017 Opinion or Order Filing 194 MEMORANDUM OF LAW re 183 Order Setting Hearing on Motion,, AT&T's Memorandum of Law in Opposition to Appeal of Text Order to Stay Discovery filed by AT&T Wireless. (Lutkus, Stacy)
December 20, 2017 Opinion or Order Filing 193 TEXT ORDER: In a letter motion dated October 4, 2017, plaintiff requested leeway with deadlines because of limited access to the prisons law library, apparently specifically related to his deadline to respond to defendants Motions to Dismiss. Dkt. No. 131. Also in this letter motion, plaintiff informs the Court that he received twenty-three unexecuted USM-285 forms from the United States Marshals, and asks the Court direct the Marshals to deliver the summonses in-hand for twenty-three named defendants. Id. In the alternative, he requests the Court order default judgment against the defendants whose summonses were returned unexecuted. In a letter motion dated October 10, 2017, plaintiff again requested in-hand service by the United States Marshals. Dkt. No. 139. In a letter request dated December 11, 2017, plaintiff requested that the Court forward [him] twenty-six (26) USM-285 Forms so that [he] may complete them and mail them back to you along with the requisite copies of the Complaint. Dkt. No. 192. Plaintiffs request for an extension of time to file responses to defendants motions to dismiss (Dkt. No. 131) is denied as moot, as plaintiff has since filed his responses. Dkt. Nos. 84, 93, 124, 129, 143, 144. Plaintiffs requests for copies of the USM-285 form or for in hand service of the summonses by the U.S. Marshals(Dkt. Nos. 131, 139) are DENIED without prejudice and with leave to renew following the Courts determination of the pending Motions to Dismiss. Signed by Magistrate Judge Christian F. Hummel on 12/20/2017. (Copy served via regular mail on 12/20/2017)(tab)
December 15, 2017 Opinion or Order Filing 192 LETTER: Filed by Joshua G. Stegemann, Pro Se, dated December 11, 2017, requesting 26 USM-285 forms so that he can complete them and send them back for service upon the defendants who are listed in the enclosed letter. {Envelope attached}. (rep)
December 13, 2017 Opinion or Order Filing 191 LETTER RESPONSE: Filed by Joshua Stegemann, Pro Se, dated December 8, 2017, responding to Pittsfield Defendants' #184 and #186 Letter Notices. (Attachments: #1 Cover Letter and Envelope)(rep)
December 11, 2017 Opinion or Order Minute Entry: MOTION CALENDAR held 12/11/2017 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: J. Straffolino; CRD/mcp. Defts Mazzeo, Pittsfield Police Dept, Civello, Price, Decker & Wynn's #145 MOTION to Dismiss for Failure to State a Claim; and, Deft AT&T Wireless' #148 MOTION to Dismiss for Failure to State a Claim; and, Deft Mahar's #150 MOTION to Dismiss; and, Deft Cellco Partnership's #158 MOTION to Dismiss Plaintiff's Amended Complaint - TAKEN ON SUBMIT. (cml)
December 8, 2017 Opinion or Order Filing 190 BILL OF COSTS: Submitted by the US Marshals regarding service fees in the amount of $440.00. (rep)
December 8, 2017 Opinion or Order Filing 189 PROCESS RECEIPT AND RETURN: Returned unexecuted by the U.S. Marshals as to Subsurface Informational Survey's, Inc. (rep)
December 6, 2017 Opinion or Order Filing 188 AFFIDAVIT of Service for Letter correcting 12/5/17 filing served on pro se plaintiff on 12/6/17, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
December 6, 2017 Opinion or Order Filing 187 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #186 Notice (Other) (Brousseau, Shawn)
December 6, 2017 Opinion or Order Filing 186 NOTICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #184 Notice (Other),, Letter correcting error in 12/5/17 Notice (Brousseau, Shawn)
December 5, 2017 Opinion or Order Filing 185 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #184 Notice (Other),, (Brousseau, Shawn)
December 5, 2017 Opinion or Order Filing 184 NOTICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #145 MOTION to Dismiss for Failure to State a Claim Notice to Judge McAvoy of Decision and Order of Appellate Division Third Department Affirming the Dismissal of the pro se plaintiff's State Court action (Attachments: #1 Exhibit(s) Decision and Order of Appellate Division Third Department 11-30-17, #2 Appendix Affidavit of Service on Pro Se Planitff)(Brousseau, Shawn)
December 5, 2017 Opinion or Order Filing 183 TEXT ONLY ORDER: The Court intends to treat Plaintiff Stegemann's #181 Letter Motion as an APPEAL of Magistrate Judge Hummel's 168 Text Order to Stay Discovery and has set this appeal returnable on 1/08/2018 at 10:00 AM in ALBANY, NY before Sr. Judge Thomas J. McAvoy. OPPOSITION RESPONSE to Appeal is due by 12/22/2017. This appeal will be taken on SUBMIT BASIS; no in-person appearances required; SO ORDERED - Authorized on 12/05/2017 by Sr. District Judge Thomas J. McAvoy (cml) [ CRD traditionally served this text only order upon non-NEF pltf @ USBOP FCI Berlin facility ]
December 4, 2017 Opinion or Order Filing 182 RESPONSE/DECLARATION IN OPPOSITION: To the #150 MOTION to Dismiss. Filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter, Declaration of Service, and Envelope)(rep)
December 4, 2017 Opinion or Order Filing 181 LETTER MOTION: Filed by Joshua G. Stegemann, Pro Se, objecting to the stay of discovery deadlines. Submitted to Judge Senior Judge Thomas J. McAvoy. (Attachments: #1 Cover Letter and Envelope)(rep)
November 30, 2017 Opinion or Order Filing 180 CERTIFICATE OF SERVICE by Cellco Partnership (Callahan, Janet)
November 30, 2017 Opinion or Order Filing 179 MEMORANDUM OF LAW - REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT filed by Cellco Partnership. (Attachments: #1 Exhibit(s) Memorandum and Order)(Callahan, Janet)
November 27, 2017 Opinion or Order Filing 178 RESPONSE IN OPPOSITION: To the #167 Letter Motion by the Commonwealth Defendants' requesting a stay of discovery deadlines. Filed by Joshua G. Stegemann, Pro Se. {Envelope attached} (rep)
November 27, 2017 Opinion or Order Filing 177 RESPONSE IN OPPOSITON: To the #161 New York State defendants' Letter Motion requesting a stay of discovery deadlines. Filed by Joshua G. Stegemann, Pro Se. {Envelope attached}. (rep)
November 27, 2017 Opinion or Order Filing 176 TEXT ONLY ORDER granting Plaintiff Stegemann's #170 Letter Motion for an ext/time until 12/11/2017 to file opposition responses re: Deft AT & T's #148 Motion to Dismiss for Failure to State a Claim and Deft Mahar's #150 Motion to Dismiss; SO ORDERED - Authorized on 11/27/2017 by Sr. District Judge Thomas J. McAvoy (cml) [ CRD traditionally served this text only order upon non-NEF pltf @ USBOP FCI Berlin facility ]
November 27, 2017 Opinion or Order TEXT ONLY NOTICE advising that Defts Civello, Decker, Mazzeo, Pittsfield Police Dept., Price & Wynn's #145 MOTION to Dismiss for Failure to State a Claim; and, Deft AT&T Wireless' #148 MOTION to Dismiss for Failure to State a Claim; and, Deft Mahar's #150 MOTION to Dismiss returnable on 12/11/2017 at 10:00 AM in ALBANY, NY before Senior Judge Thomas J. McAvoy will be taken ON SUBMIT BASIS; no in-person appearances required. (cml) [ CRD traditionally served this text only notice upon non-NEF pltf @ USBOP FCI Berlin facility ]
November 27, 2017 Opinion or Order CRD Ligas reset ddls re: Plaintiff's Opposition Response to Deft AT & T's #48 Motion to Dismiss for Failure to State a Claim and Deft Mahar's #150 MOTION to Dismiss due by 12/11/2017 pursuant to Sr. Judge McAvoy's 176 text only order (cml)
November 22, 2017 Opinion or Order Filing 175 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #174 Reply to Response to Motion (Lawless, David)
November 22, 2017 Opinion or Order Filing 174 REPLY to Response to Motion re #145 MOTION to Dismiss for Failure to State a Claim filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Lawless, David)
November 22, 2017 Opinion or Order Filing 173 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #172 Affidavit in Opposition to Motion (Lawless, David)
November 22, 2017 Opinion or Order Filing 172 AFFIDAVIT in Opposition re #169 MOTION to Compel filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Lawless, David)
November 20, 2017 Opinion or Order Filing 171 RESPONSE IN OPPOSITION: To the #158 MOTION to Dismiss Plaintiff's Amended Complaint. Filed by Joshua G. Stegemann, Pro Se. {Exhibits attached}. (Attachments: #1 Cover Letter, #2 Envelope)(rep)
November 20, 2017 Opinion or Order Filing 170 LETTER MOTION FOR EXTENSION OF TIME: Filed by Joshua G. Stegemann, Pro Se, requesting an extension of time to respond to Jack Mahar's #150 Motion to Dismiss. Submitted to Senior Judge Thomas J. McAvoy. (Attachments: #1 Cover Letter, #2 Envelope)(rep)
November 20, 2017 Opinion or Order Filing 169 MOTION TO COMPEL DISCOVERY BY PITTSFIELD DEFENDANTS: Filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter and Declaration of Service, #2 Envelope) Motions referred to Christian F. Hummel. (rep)
November 20, 2017 Opinion or Order Filing 168 TEXT ORDER granting #167 Letter Request to Stay Discovery Deadlines while Dispositive Motion is pending. Authorized by Magistrate Judge Christian F. Hummel on 11/20/2017. (Copy served via regular mail) (tab)
November 20, 2017 Opinion or Order Filing 167 Letter Motion from Commonwealth Defendants for Berkshire County, Berkshire County District Attorney's Office, Berkshire County Sheriff's Office, Thomas Bowler, David F. Capeless, Scott Colbert, David Brian Foley, Richard Locke, Massachusetts State Police, Rick Smith requesting Stay of Discovery Deadlines submitted to Judge Hummel . (Fee, Abigail)
November 20, 2017 Opinion or Order Filing 166 TEXT ORDER GRANTING #165 LETTER MOTION filed by AT&T Wireless, requesting a Stay of Discovery deadline while Motions to Dismiss are pending. Authorized by Magistrate Judge Christian F. Hummel on 11/20/2017. (Copy served via regular mail) (tab)
November 20, 2017 Opinion or Order Filing 165 LETTER BRIEF Letter to Court Requesting Stay of Discovery Deadline by AT&T Wireless. (Lutkus, Stacy)
November 15, 2017 Opinion or Order Filing 164 TEXT ORDER granting #161 Letter Request, requesting a stay of the deadline to respond to the second amended complaint and discovery submitted to Judge Hummel. Authorized by Magistrate Judge Christian F. Hummel on 11/15/2017. (Copy served via regular mail on 11/15/2017)(tab)
November 15, 2017 Opinion or Order Filing 163 CERTIFICATE OF SERVICE by Jack Mahar re #162 Affidavit in Opposition to Motion, (Resila, James)
November 15, 2017 Opinion or Order Filing 162 AFFIDAVIT in Opposition re #153 MOTION for Default Judgment as to Rensselaer County, Rensselaer County Sheriff's Office, Rensselaer County District Attorney's Office, Patrick Russo, Arthur Hyde, Steven Wohlleber, William Webster, Shane Holcomb, Jason Robelotto, Mark Gerac filed by Jack Mahar. (Resila, James)
November 15, 2017 Opinion or Order Filing 161 Letter Motion from AAG Bruce Boivin for Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma requesting a stay of the deadline to respond to the second amended complaint and discovery submitted to Judge Hummel . (Boivin, Bruce)
November 14, 2017 Opinion or Order TEXT NOTICE of Hearing on Motion: Deft Cellco Partnership's #158 MOTION to Dismiss Plaintiff's Amended Complaint is placed on Judge McAvoy's 12/11/17 Motion Calendar at 10 AM in Albany. Response to Motion is due by 11/24/2017. Reply to Response to Motion is due by 11/30/2017. [Served by mail.](sfp, )
November 13, 2017 Opinion or Order Minute Entry: MOTION CALENDAR held 11/13/2017 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: L. Tennyson; CRD/mcp. Defts Berkshire County, Berkshire County Sheriff's Office, Smith, Massachusetts State Police, Berkshire County District Attorney's Office, Locke, Foley, Capeless, Colbert & Bowler's #114 MOTION to Dismiss for Failure to State a Claim and/or for Lack of Subject Matter Jurisdiction - TAKEN ON SUBMIT. (cml)
November 13, 2017 Opinion or Order Filing 159 CERTIFICATE OF SERVICE by Cellco Partnership re #158 MOTION to Dismiss Plaintiff's Amended Complaint, #157 Notice of Appearance (Callahan, Janet)
November 9, 2017 Opinion or Order Filing 158 MOTION to Dismiss Plaintiff's Amended Complaint Motion Hearing set for 12/22/2017 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 12/5/2017 Reply to Response to Motion due by 12/11/2017. filed by Cellco Partnership. (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Memorandum of Law) (Callahan, Janet)
November 9, 2017 Opinion or Order Filing 157 NOTICE of Appearance by Janet D. Callahan on behalf of Cellco Partnership (Callahan, Janet)
November 6, 2017 Opinion or Order Filing 160 PLAINTIFF'S RESPONSE in Opposition re #91 MOTION to Dismiss for Failure to State a Claim AT&T's Memorandum in Support of Its Motion to Dismiss Plaintiff's Claims filed by Joshua G. Stegemann. (Attachments: #1 Exhibit B, #2 mailing envelope)(tab) (Additional attachment(s) added on 11/13/2017: #3 Exhibit A filed under SEAL, as per an Oral Order of Magistrate Judge Hummel after reviewing the filing) (tab).
November 6, 2017 Opinion or Order Filing 156 RESPONSE in Opposition re #145 MOTION to Dismiss for Failure to State a Claim filed by Joshua G. Stegemann. (Attachments: #1 Exhibits 1-3, #2 Mailing Envelope)(hmr)
November 6, 2017 Opinion or Order Partial Filing Fee Received: $ 37.13, receipt number SYR050786. (mc)
November 6, 2017 Opinion or Order TEXT NOTICE to parties advising the #114 MOTION to Dismiss on Judge McAvoy's 11/13/17 Motion Calendar is on submit basis. Appearances are not required. [Served by mail.] (sfp, )
November 3, 2017 Opinion or Order Filing 155 REPLY to Response to Motion re #142 MOTION to Compel MOTION for Sanctions filed by Joshua G. Stegemann. (hmr)
November 2, 2017 Opinion or Order Filing 154 TEXT ORDER granting in part #149 Letter Request for Extension of Time to File Response/Reply to Plaintiff's Second Amended Complaint: Defendant's motion, [Dkt.149] is GRANTED in that the answer deadline is suspended until such time the court has: 1) addressed Defendants' #114 motion /dismiss Plaintiff's #38 amended complaint and 2) determination whether court accepts filing of #134 2nd Amended Complaint. SO ORDERED by Magistrate Judge Christian F. Hummel on 11/2/2017. (Copy served via regular mail on 11/2/2017)(tab)
November 1, 2017 Opinion or Order Filing 153 PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND FOR DEFAULT JUDGMENT: Against Rensselaer County, Rensselaer County Sheriff's Office, Rensselaer County District Attorney's Office, Patrick Russo, Arthur Hyde, Steven Wohlleber, William Webster, Shane Holcomb, Jason Robelotto, Mark Geracitano, Sandra Blodgett, Justin Walread, Jami Panichi, and Derek Pyle. Filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter and Envelope) (rep)
November 1, 2017 Opinion or Order Filing 152 PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT AND FOR DEFAULT JUDGMENT: Against William Scott, John Stec, James Deas, Steve Jones, Michelle Mason, Travas McCarthy, Robert Patterson, Dale Gero, Berkshire County Drug Task Force, Cellco Partnership d/b/a Verizon Wireless, and Subsurface Informational Surveys, Inc. Filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter and Envelope) (rep)
October 27, 2017 Opinion or Order Filing 151 CERTIFICATE OF SERVICE by Jack Mahar re #150 MOTION to Dismiss (Resila, James)
October 27, 2017 Opinion or Order Filing 150 MOTION to Dismiss Motion Hearing set for 12/11/2017 09:30 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 11/24/2017 Reply to Response to Motion due by 11/30/2017. filed by Jack Mahar. (Attachments: #1 Affidavit, #2 Memorandum of Law) (Resila, James)
October 27, 2017 Opinion or Order Filing 149 MOTION for Extension of Time to File Response/Reply to Plaintiff's Second Amended Complaint filed by Berkshire County, Berkshire County District Attorney's Office, Berkshire County Sheriff's Office, Thomas Bowler, David F. Capeless, Scott Colbert, David Brian Foley, Richard Locke, Massachusetts State Police, Rick Smith. Motions referred to Christian F. Hummel. (Fee, Abigail)
October 27, 2017 Opinion or Order Minute Entry: MOTION CALENDAR held 10/27/2017 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; CRD/cml. Defts Fulton County & Fulton County Sheriff's Office's #57 MOTION to Dismiss for Failure to State a Claim; and, Defts Sloma, NYS State Police Sort, NYS State Police, Clifford, Kiley & Air National Guard's #79 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction under FRCP 12(b)(1) and/or to Dismiss for Failure to State a Claim under FRCP 12 (B)(6); and, Deft AT&T Wireless' #91 MOTION to Dismiss for Failure to State a Claim; and, Defts Mazzeo, Pittsfield Police Dept, Civello, Price, Decker & Wynn's #94 MOTION to Dismiss for Failure to State a Claim; and, Defts Perilli, Warren County Sheriff's Office, York & Warren County's #97 MOTION to Dismiss for Failure to State a Claim - TAKEN ON SUBMIT. (cml)
October 26, 2017 Opinion or Order Filing 148 MOTION to Dismiss for Failure to State a Claim AT&T's Memorandum in Support of its Motion to Dismiss October 12, 2017 Amended Complaint Motion Hearing set for 12/11/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 11/24/2017 Reply to Response to Motion due by 11/30/2017. filed by AT&T Wireless. (Attachments: #1 Memorandum of Law, #2 Declaration Declaration of Service) (Lutkus, Stacy)
October 26, 2017 Opinion or Order Filing 147 AFFIDAVIT of Service for Notice of Motion to Dismiss Second Amended Complaint, Attorney Affidavit with Exhibit & Memorandum of Law by Mail served on Pro Se Plaintiff Joshua Stegemann on 10/26/2017, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
October 26, 2017 Opinion or Order Filing 146 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #145 MOTION to Dismiss for Failure to State a Claim (Brousseau, Shawn)
October 26, 2017 Opinion or Order Filing 145 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 12/11/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 11/24/2017 Reply to Response to Motion due by 11/30/2017. filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Attachments: #1 Affidavit Attorney Affidavit, #2 Exhibit(s) Exhibit A - Court of Claims Decision, #3 Memorandum of Law) (Brousseau, Shawn)
October 26, 2017 Opinion or Order Filing 144 CERTIFICATE OF SERVICE by Jack Mahar re #143 Affidavit in Opposition to Motion (Resila, James)
October 26, 2017 Opinion or Order Filing 143 AFFIDAVIT in Opposition re #142 MOTION to Compel MOTION for Sanctions filed by Jack Mahar. (Resila, James)
October 24, 2017 Opinion or Order TEXT NOTICE to parties advising that Defts' #57 , #79 , #91 , #94 , & #97 Motions to Dismiss on Judge McAvoy's 10/27/17 Motion Calendar are all on submit basis. Appearances are not required. [Served by mail.] (sfp, )
October 20, 2017 Opinion or Order Filing 142 MOTION TO COMPEL AND FOR SANCTIONS: As to Jack Mahar to answer the interrogatories served on him on September 14, 2017, and to have default judgment entered against him. Filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter, Declaration of Service, and Envelope) Motions referred to Christian F. Hummel. (rep)
October 17, 2017 Opinion or Order Filing 141 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #138 Reply to Response to Motion (Brousseau, Shawn)
October 17, 2017 Opinion or Order Filing 140 AFFIDAVIT of Service for Reply MOL served on Pro Se Plaintiff Joshua Stegemann on 10/17/17, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
October 16, 2017 Opinion or Order Filing 139 MOTION FOR IN-HAND SERVICE: Filed by Joshua G. Stegemann, Pro Se. Motions referred to Christian F. Hummel. {Envelope attached}.(rep)
October 16, 2017 Opinion or Order Filing 138 REPLY to Response to Motion re #94 MOTION to Dismiss for Failure to State a Claim filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
October 16, 2017 Opinion or Order Filing 137 REPLY to Response to Motion re #79 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction [under FRCP 12(b)(1) and MOTION to Dismiss for Failure to State a Claim under FRCP 12 (B)(6) filed by Air National Guard, Chris Clifford, New York State Police, New York State Police Sort, Richard J. Sloma. (Attachments: #1 Declaration of service on plaintiff, #2 Declaration of e-filing)(Boivin, Bruce)
October 16, 2017 Opinion or Order Filing 136 REPLY to Response to Motion re #57 MOTION to Dismiss for Failure to State a Claim filed by Fulton County, Fulton County Sheriff's Office. (Attachments: #1 Certificate of Service)(Murphy, Thomas)
October 16, 2017 Opinion or Order Filing 135 REPLY to Response to Motion re #97 MOTION to Dismiss for Failure to State a Claim filed by Christopher Perilli, Warren County, Warren County Sheriff's Office, Nathan York. (Attachments: #1 Certificate of Service)(Murphy, Thomas)
October 12, 2017 Opinion or Order Filing 134 SECOND AMENDED COMPLAINT: against all defendants, filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover letter, affirmation of service, and envelope)(rep) Modified on 4/25/2018 per Text Order(alh, ).
October 12, 2017 Opinion or Order Filing 133 RESPONSE to the #114 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Joshua G. Stegemann, Pro Se. (rep)
October 10, 2017 Opinion or Order Minute Entry: SPECIAL MOTION CALENDAR held 10/10/2017 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP/CR/CRD: None. Defts Fulton County & Fulton County Sheriff's Office's #57 MOTION to Dismiss for Failure to State a Claim - ADJOURNED until 10/27/2017 in Binghamton, NY. (cml)
October 10, 2017 Opinion or Order Filing 132 RESPONSE: to the #97 MOTION to Dismiss for Failure to State a Claim, filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Affidavit with Attachments, #2 Cover Letter and Envelope)(rep)
October 10, 2017 Opinion or Order Filing 131 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, requesting leniency on motion deadlines due to not having access to a law library, and also requesting that the U.S. Marshals be ordered to complete service on the defendants listed within this letter. Submitted to Magistrate Judge Christian F. Hummel. (Attachments: #1 Cover Letter and Envelope)(rep)
October 10, 2017 Opinion or Order Filing 130 ORDER granting #101 Motion for Limited Admission Pro Hac Vice of David S. Lawless, Esq. Signed by Magistrate Judge Christian F. Hummel on 10/10/2017. (Copy served via regular mail)(tab)
October 10, 2017 Opinion or Order Partial filing fee received: $ 82.24, receipt number SYR050524 (meb)
October 6, 2017 Opinion or Order Filing 129 RESPONSE to the #91 MOTION to Dismiss for Failure to State a Claim AT&T's Memorandum in Support of Its Motion to Dismiss Plaintiff's Claims, filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter, #2 Envelope)(rep)
October 5, 2017 Opinion or Order Filing 128 Summons Reissued as to Subsurface Informational Surveys, Inc. (rep)
October 5, 2017 Opinion or Order Filing 127 TEXT ONLY ORDER granting Plaintiff's #92 Letter Request for the U.S. Marshals Service to effect service of the #38 amended complaint upon Defendant Subsurface Informational Surveys, Inc. The clerk is directed to re-issue a summons for this defendant at the new address stated within plaintiff's #92 letter and forward this Text Order, #38 amended complaint and summons to the U.S. Marshals for service upon Defendant Subsurface Informational Surveys, Inc.; SO ORDERED - Authorized on 10/05/2017 by Sr. District Judge Thomas J. McAvoy (cml) [ CRD traditionally served this text only order upon non-NEF pltf @ USBOP FCI Berlin facility ]
October 5, 2017 Opinion or Order Service packet for Subsurface Informational Surveys, Inc. containing the #128 Reissued summons and the #38 Amended Complaint forwarded to the U.S. Marshals for service. {Copy of this annotation has been sent to the Pro Se Plaintiff at FCI Berlin via regular U.S. Postal mail}. (rep)
October 4, 2017 Opinion or Order Filing 126 DECISION AND ORDER: Denying the #116 Motion for Default Judgment; denying the #117 Motion for Entry of Default and for Default Judgment; denying the #118 Motion for Entry of Default and for Default Judgment; and denying the #119 Motion for Entry of Default and for Default Judgment. Signed by Senior Judge Thomas J. McAvoy on October 4, 2017. {Copy served on the plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
October 4, 2017 Opinion or Order Filing 125 AFFIDAVIT in Opposition re #117 MOTION for Entry of Default MOTION for Default Judgment as to County of Warren, #118 MOTION for Entry of Default MOTION for Default Judgment as to Nathan York filed by Christopher Perilli, Warren County, Warren County Sheriff's Office, Nathan York. (Attachments: #1 Certificate of Service)(Murphy, Thomas)
October 4, 2017 Opinion or Order Filing 124 RESPONSE TO MOTION: Response to Pittsfield defendants' #94 MOTION to Dismiss for Failure to State a Claim, filed by Joshua G. Stegemann, Pro Se, (Attachments: #1 Cover Letter and Envelope)(rep)
October 3, 2017 Opinion or Order Filing 123 RESPONSE TO LETTER BRIEF filed by AT&T Wireless as to #116 Motion for Default Judgment filed by Joshua G. Stegemann Response to Plaintiff's Request for Entry & Motion for Default Judgment. (Lutkus, Stacy)
October 3, 2017 Opinion or Order Filing 122 AFFIDAVIT of Service for Affirmaton in Opposition to Motion for Default Judgment by U.S. Mail served on Pro Se Plaintiff Joshua Stegemann on 10/03/2017, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
October 3, 2017 Opinion or Order Filing 121 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #120 Affidavit in Opposition to Motion, (Brousseau, Shawn)
October 3, 2017 Opinion or Order Filing 120 AFFIDAVIT in Opposition re #119 MOTION for Entry of Default MOTION for Default Judgment as to Tyrone Price filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
October 2, 2017 Opinion or Order Filing 119 PLAINTIFF'S MOTION for Entry of Default & for Default Judgment against Defts Tyrone Price, Michael Wynn, The Pittsfield Police Dept., Glen Civello, Glen Decker & John Mazzeo filed by Joshua G. Stegemann (cml)
October 2, 2017 Opinion or Order Filing 118 PLAINTIFF'S MOTION for Entry of Default & for Default Judgment against Deft Nathan York filed by Joshua G. Stegemann (cml)
October 2, 2017 Opinion or Order Filing 117 PLAINTIFF'S MOTION for Entry of Default & for Default Judgment as to County of Warren filed by Joshua G. Stegemann (cml) Modified on 10/03/2017 by CRD Ligas to correct filing date (cml)
October 2, 2017 Opinion or Order Filing 115 DECISION AND ORDER: that plaintiff's motions for appointment of counsel, Dkt. Nos. #61 , #75 , are Denied without prejudice to renew at some future time should plaintiff be able to demonstrate specific changed circumstances. Any future motion for appointment of counsel must be accompanied by documentation that substantiates plaintiff's efforts to retain counsel on his own; that the Clerk of the Court provide plaintiff with an updated docket sheet and that the Clerk serve a copy of this Order on the parties in accordance with the Local Rules. Signed by Magistrate Judge Christian F. Hummel on 10/2/2017. (Copy of the Decision and Order, together with an updated docket sheet were served upon pro se plaintiff via regular mail on 10/3/2017.)(hmr)
October 2, 2017 Opinion or Order Filing 114 MOTION to Dismiss for Failure to State a Claim and, MOTION to Dismiss for Lack of Subject Matter Jurisdiction Motion Hearing set for 11/13/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 10/27/2017 Reply to Response to Motion due by 11/2/2017. filed by Berkshire County, Berkshire County District Attorney's Office, Berkshire County Sheriff's Office, Thomas Bowler, David F. Capeless, Scott Colbert, David Brian Foley, Richard Locke, Massachusetts State Police, Rick Smith. (Attachments: #1 Declaration of AAG Fee, #2 Memorandum of Law in Support of Commonwealth Defendants' Motion to Dismiss) (Fee, Abigail)
October 2, 2017 Opinion or Order Filing 113 NOTICE of Appearance by Abigail L. Fee on behalf of Berkshire County, Berkshire County District Attorney's Office, Berkshire County Sheriff's Office, Thomas Bowler, David F. Capeless, Scott Colbert, David Brian Foley, Richard Locke, Massachusetts State Police, Rick Smith (Fee, Abigail)
September 29, 2017 Opinion or Order Filing 116 PLAINTIFF'S REQUEST FOR ENTRY & MOTION for Default Judgment against Deft A T & T Wireless filed by Joshua G. Stegemann (cml)
September 29, 2017 Opinion or Order Filing 112 BILL OF COSTS submitted by US Marshal regarding Service Fees in the amount of $432.00. (rep)
September 29, 2017 Opinion or Order Filing 111 PROCESS RECEIPT AND RETURNS: Filed by the US Marshals. Forms returned unexecuted as to Berkshire County Drug Task Force, Sandra Blodgett, Cellco Partnership d/b/a Verizon Wireless, Mark Geracitano, Dale Gero, and Shane Holcomb. (rep)
September 29, 2017 Opinion or Order Filing 110 PROCESS RECEIPT AND RETURNs: Filed by the US Marshals. Forms returned unexecuted as to Arthur Hyde, Steve Jones, Michelle Mason, Travis McCarthy, Jami Panichi, Todd (Robert) Patterson, Captain Pyle, and Rensselaer County District Attorney's Office. (rep)
September 29, 2017 Opinion or Order Filing 109 PROCESS RECEIPT AND RETURNS: Filed by the US Marshals, forms returned unexecuted as to County of Rensselaer, Rensselaer County Sheriff's Office, Jason Robelotto, Patrick Russo, and William Scott. (rep)
September 29, 2017 Opinion or Order Filing 108 PROCESS RECEIPT AND RETURN FORMS: Submitted by the U.S. Marshals. Forms returned unexecuted as to John Stec, Justin Walread, William Webster, and Steve Wohlleber. (rep)
September 29, 2017 Opinion or Order Filing 107 AMENDED DOCUMENT by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. Amendment to #101 MOTION for Limited Admission Pro Hac Vice of David S., Lawless, Esq. Filing fee $100, receipt number 0206-4150672. Corrected proposed order for admission Pro Hac Vice. (Brousseau, Shawn)
September 29, 2017 Opinion or Order Filing 106 AFFIDAVIT of Service for Pro Hac Vice Motion served on Pro Se Plaintiff Joshua Stegemann on 9/29/17, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
September 29, 2017 Opinion or Order Filing 105 CLERK'S DENIAL OF ENTRY OF DEFAULT: Regarding the #100 Request for Entry of Default and #102 Request for Entry of Default. {Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
September 29, 2017 Opinion or Order Filing 104 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #103 Amended Document, #101 MOTION for Limited Admission Pro Hac Vice of David S., Lawless, Esq. Filing fee $100, receipt number 0206-4150672. (Brousseau, Shawn)
September 29, 2017 Opinion or Order Filing 103 AMENDED DOCUMENT by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. Amendment to #101 MOTION for Limited Admission Pro Hac Vice of David S., Lawless, Esq. Filing fee $100, receipt number 0206-4150672. Corrected Notice of Motion for Admission Pro Hac Vice. (Brousseau, Shawn)
September 29, 2017 Opinion or Order Filing 101 MOTION for Limited Admission Pro Hac Vice of David S., Lawless, Esq. Filing fee $100, receipt number 0206-4150672. filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Attachments: #1 Affidavit Affidavit of sponsor Shawn F. Brousseau, #2 Exhibit(s) Petition for Admission of David S. Lawless with E-Filing Registration Form& Oath of Admission, #3 Exhibit(s) Certificates of Good Standing for David S. Lawless, #4 Proposed Order/Judgment Proposed Order for Admission Pro Hac Vice for Davis S. Lawless, Esq.) Motions referred to Christian F. Hummel. (Brousseau, Shawn)
September 29, 2017 Opinion or Order Filing 99 TEXT ORDER granting #98 Letter Request and deeming Motion to Dismiss for Failure to State a Claim, filed by Christopher Perilli, Warren County, Warren County Sheriff's Office, and Nathan York as TIMELY filed. Authorized by Magistrate Judge Christian F. Hummel on 9/29/2017. (Copy served via regular mail on 9/29/2017)(tab)
September 28, 2017 Opinion or Order Filing 102 RENEWED AND AMENDED REQUEST FOR ENTRY OF DEFAULT: as to Christopher Perilli, filed by Joshua G. Stegemann, Pro Se. (rep)
September 28, 2017 Opinion or Order Filing 98 Letter Motion from Thomas K. Murphy, Esq. for Christopher Perilli, Warren County, Warren County Sheriff's Office, Nathan York requesting EXTENSION OF CHRISTOPHER PERILLI'S TIME TO RESPOND TO AMENDED COMPLAINT submitted to Judge Hummel . (Attachments: #1 Certificate of Service)(Murphy, Thomas)
September 28, 2017 Opinion or Order Filing 97 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/27/2017 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 10/10/2017 Reply to Response to Motion due by 10/16/2017. filed by Christopher Perilli, Warren County, Warren County Sheriff's Office, Nathan York. (Attachments: #1 Affidavit - Thomas K. Murphy, Esq., #2 Memorandum of Law, #3 Certificate of Service) (Murphy, Thomas)
September 27, 2017 Opinion or Order Filing 100 REQUEST FOR ENTRY OF DEFAULT: as to Christopher Perilli, filed by Joshua G. Stegemann, Pro Se, dated September 23, 2017. (Attachments: #1 Cover Letter and Envelope)(rep)
September 26, 2017 Opinion or Order Filing 96 AFFIDAVIT of Service for Notice of Motion to Dismiss With Attorney Affidavit, Exhibit A and Memorandum of Law served on Pro Se Plaintiff on 9/26/17, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
September 26, 2017 Opinion or Order Filing 95 CERTIFICATE OF SERVICE by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn re #94 MOTION to Dismiss for Failure to State a Claim (Brousseau, Shawn)
September 26, 2017 Opinion or Order Filing 94 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/27/2017 09:30 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 10/10/2017 Reply to Response to Motion due by 10/16/2017. filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Attachments: #1 Affidavit Affidavit of Shawn F. Brousseau, Esq., #2 Exhibit(s) Exhibit A - Court of Claims Decision, #3 Memorandum of Law) (Brousseau, Shawn)
September 25, 2017 Opinion or Order Filing 93 RESPONSE WITH EXHIBITS: to the #79 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction [under FRCP 12(b)(1) and MOTION to Dismiss for Failure to State a Claim under FRCP 12 (B)(6) filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter and Envelope)(rep)
September 25, 2017 Opinion or Order Filing 92 LETTER MOTION: Filed by Joshua G. Stegemann, Pro Se, requesting service be effectuated on Subsurface Informational Surveys, Inc. at their updated address. {Envelope attached}. (rep)
September 25, 2017 Opinion or Order Filing 91 MOTION to Dismiss for Failure to State a Claim AT&T's Memorandum in Support of Its Motion to Dismiss Plaintiff's Claims Motion Hearing set for 10/27/2017 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 10/10/2017 Reply to Response to Motion due by 10/16/2017. filed by AT&T Wireless. (Attachments: #1 Memorandum of Law, #2 Declaration of Service) (Lutkus, Stacy)
September 21, 2017 Opinion or Order Filing 90 CLERK'S DENIAL OF ENTRY OF DEFAULT: Regarding the #88 Request for Entry of Default as to Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, and Richard J. Sloma. These defendants had until September 14, 2017 to file an answer or a motion. On September 14, 2017, a Motion to Dismiss was filed by them. {Copy served on the plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
September 21, 2017 Opinion or Order Filing 89 CLERK'S DENIAL OF ENTRY OF DEFAULT: Regarding the #83 Request for Entry of Default as to Christopher Perilli. Plaintiff's affidavit does not note whether defendant Christopher Perilli is in the military, an infant, or an incompetent person. {Copy served on the plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
September 21, 2017 Opinion or Order Filing 87 NOTICE of Appearance by Stacy A. Lutkus on behalf of AT&T Wireless (Lutkus, Stacy)
September 20, 2017 Opinion or Order Filing 88 REQUEST FOR ENTRY OF DEFAULT: as to Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, and Richard J. Sloma, filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter and Envelope)(rep)
September 19, 2017 Opinion or Order Filing 86 AFFIDAVIT of Service for Notice of Appearance served on Pro Se Plaintiff on 9/19/17, filed by Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn. (Brousseau, Shawn)
September 19, 2017 Opinion or Order Filing 85 NOTICE of Appearance by Shawn F. Brousseau on behalf of Glenn Civello, Glenn F. Decker, John Mazzeo, Pittsfield Police Department, Tyrone Price, Michael Wynn (Brousseau, Shawn)
September 18, 2017 Opinion or Order Filing 84 RESPONSE: To Fulton County's #57 MOTION to Dismiss for Failure to State a Claim filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Affidavit with Exhibits, #2 Cover Letter with Affidavit of Service)(rep)
September 18, 2017 Opinion or Order Filing 83 REQUEST FOR ENTRY OF DEFAULT: Against Christopher Perilli, filed by Joshua G. Stegemann, Pro Se. {Envelope and exhibits attached}. (rep)
September 14, 2017 Opinion or Order Filing 82 ACKNOWLEDGMENT OF SERVICES: Executed as to Berkshire County, Berkshire County District Attorney's Office, Berkshire County Sheriff's Office, Thomas Bowler, David F. Capeless, Scott Colbert, David Brian Foley, Richard Locke, Massachusetts State Police, and Rick Smith - these parties were served on 9/11/2017. Answer due 10/2/2017. (Attachments: #1 Envelope)(rep)
September 14, 2017 Opinion or Order Filing 81 CERTIFICATE OF SERVICE by Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma re #79 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction [under FRCP 12(b)(1) and MOTION to Dismiss for Failure to State a Claim under FRCP 12 (B)(6) of e-filing (Boivin, Bruce)
September 14, 2017 Opinion or Order Filing 80 CERTIFICATE OF SERVICE by Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma re #79 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction [under FRCP 12(b)(1) and MOTION to Dismiss for Failure to State a Claim under FRCP 12 (B)(6) (Boivin, Bruce)
September 14, 2017 Opinion or Order Filing 79 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction [under FRCP 12(b)(1) and, MOTION to Dismiss for Failure to State a Claim under FRCP 12 (B)(6) Motion Hearing set for 10/27/2017 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 10/10/2017 Reply to Response to Motion due by 10/16/2017. filed by Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma. (Attachments: #1 Declaration of AAG Boivin with Exhibits A and B, #2 Memorandum of Law in support of the State defendants motion to dismiss) (Boivin, Bruce)
September 14, 2017 Opinion or Order Filing 78 AFFIDAVIT of Service for Notice of Appearance served on Joshua Stegemann on 09/12/2017, filed by Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma. (Boivin, Bruce)
September 14, 2017 Opinion or Order Filing 77 TEXT ONLY ORDER granting in part / denying in part Plaintiff Stegemann's #76 letter motion for a stay of his opposition response to any papers filed by any defendant. The Court denies plaintiff's #76 request for a blanket stay of any response deadlines to any papers filed by any defendant. However, the Court will grant & extend Plaintiff's time to file his opposition response to Defendants Fulton County & Fulton County Sheriff's Office. The Clerk's Office is directed to provide plaintiff with a courtesy copy of defendants' #57 motion papers. It is further ordered that Defendants Fulton County & Fulton County Sheriff's Office's #57 MOTION to Dismiss for Failure to State a Claim is adjourned to 10/27/2017 at 10:00 AM in Binghamton, NY before Sr. Judge Thomas J. McAvoy. PLAINTIFF'S OPPOSITION RESPONSE to Motion due by 10/10/2017. DEFENDANTS' REPLY RESPONSE to Motion due by 10/16/2017. Defendants' #57 Motion to Dismiss will be taken ON SUBMIT BASIS; no in-person appearances are required; SO ORDERED - Authorized on 9/14/2017 by Sr. District Judge Thomas J. McAvoy (cml) [ CRD traditionally served this text only order w/ copy of defts' #57 motion papers to non-NEF pltf @ USBOP FCI Berlin facility ]
September 13, 2017 Opinion or Order Filing 76 LETTER MOTION: Filed by Joshua G. Stegemann, Pro Se, regarding service of submissions filed by defendants and seeking a stay of deadlines. Submitted to Senior Judge Thomas J. McAvoy. {Envelope attached}. (rep)
September 13, 2017 Opinion or Order Filing 75 EMERGENCY MOTION FOR APPOINTMENT OF COUNSEL: Filed by Joshua G. Stegemann, Pro Se. Motions referred to Christian F. Hummel. {Envelope attached}.(rep)
September 13, 2017 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the #71 Process Receipt and Return Form docket entry to note that the document was filed on 9/12/2017 and not on 9/13/2017. (rep)
September 12, 2017 Opinion or Order Filing 74 ACKNOWLEDGMENT OF SERVICE: Executed as to Warren County Sheriff's Office. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 12, 2017 Opinion or Order Filing 73 PROCESS RECEIPT AND RETURN: Returned executed as to Warren County Sheriff's Office. Executed on September 7, 2017. (rep)
September 12, 2017 Opinion or Order Filing 72 ACKNOWLEDGMENT OF SERVICE: Executed as to Warren County. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 12, 2017 Opinion or Order Filing 71 PROCESS RECEIPT AND RETURN: Returned executed as to County of Warren regarding service of the Complaint and Summons. Executed September 7, 2017. (rep) Modified on 9/13/2017 - to correct the filing date from 9/13/2017 to 9/12/2017. (rep).
September 12, 2017 Opinion or Order Filing 70 ACKNOWLEDGMENT OF SERVICE: Executed as to Nathan York. Served on 9/7/2017, answer due 9/28/2017. The Acknowledgment also notes defendant Deputy Perilli, however, an Acknowledgment for him has already been filed and noted on the docket. (rep)
September 12, 2017 Opinion or Order Filing 69 PROCESS RECEIPT AND RETURN: Returned executed as to Nathan York regarding service of the Complaint and Summons. Executed September 7, 2017. (rep)
September 12, 2017 Opinion or Order Filing 68 NOTICE of Appearance by Bruce J. Boivin on behalf of Air National Guard, Chris Clifford, "Dan" Kiley, New York State Police, New York State Police Sort, Richard J. Sloma (Boivin, Bruce)
September 11, 2017 Opinion or Order Filing 67 ACKNOWLEDGMENT OF SERVICE: Executed as to Michael Wynn. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 11, 2017 Opinion or Order Filing 66 ACKNOWLEDGMENT OF SERVICE: Executed as to Tyrone Price. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 11, 2017 Opinion or Order Filing 65 ACKNOWLEDGMENT OF SERVICE: Executed as to Pittsfield Police Department. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 11, 2017 Opinion or Order Filing 64 ACKNOWLEDGMENT OF SERVICE: Executed as to John Mazzeo. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 11, 2017 Opinion or Order Filing 63 ACKNOWLEDGMENT OF SERVICE: Executed as to Glenn F. Decker. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 11, 2017 Opinion or Order Filing 62 ACKNOWLEDGMENT OF SERVICE: Executed as to Glenn Civello. Served on 9/7/2017, answer due 9/28/2017. (rep)
September 11, 2017 Opinion or Order Partial Filing Fee Received: $ 73.04, receipt number SYR050271. (rep)
September 8, 2017 Opinion or Order Filing 61 MOTION to Appoint Counsel, filed by Joshua G. Stegemann. Motions referred to Christian F. Hummel. {The clerk notes that this motion was originally mailed to the 2d Circuit and was received by them on August 30, 2017}. (Attachments: #1 Original Mailing Envelope, #2 2d Circuit's Mailing Envelope) (rep)
September 7, 2017 Opinion or Order Filing 60 ACKNOWLEDGMENT OF SERVICE: Executed as to AT&T Wireless. Served on 9/5/2017, answer due 9/26/2017. (rep)
September 7, 2017 Opinion or Order Filing 59 PROCESS RECEIPT AND RETURN: Returned executed as to AT&T Wireless regarding service of the Complaint and Summons. Executed on September 5, 2017. (rep)
September 6, 2017 Opinion or Order Filing 58 TEXT ORDER addressing #54 Letter Request from Plaintiff. The Clerk is directed to send plaintiff a courtesy copy of the docket sheet to aid in determining the status of his case. Authorized by Magistrate Judge Christian F. Hummel on 9/6/2017. (Copy served via regular mail on 9/6/2017 with courtesy copy of docket sheet)(tab)
September 5, 2017 Opinion or Order Filing 57 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/10/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 9/25/2017 Reply to Response to Motion due by 9/29/2017. filed by Fulton County, Fulton County Sheriff's Office. (Attachments: #1 Affidavit Thomas K. Murphy, Esq., #2 Memorandum of Law, #3 Certificate of Service) (Murphy, Thomas)
September 5, 2017 Opinion or Order Filing 56 CERTIFICATE OF SERVICE by Jack Mahar re #55 Answer to Amended Complaint (Resila, James)
September 5, 2017 Opinion or Order Filing 55 ANSWER to #38 Amended Complaint,,,, by Jack Mahar.(Resila, James)
September 5, 2017 Opinion or Order Filing 54 LETTER MOTION: Filed by Joshua G. Stegemann, pro se, concerning not having received any return receipts indicating service having been completed upon the defendants and seeking guidance regarding the defendants having failed to serve papers on the plaintiff. {Envelope attached}. (rep)
September 5, 2017 Opinion or Order Filing 53 ACKNOWLEDGMENT OF SERVICE: Executed as to Christopher Perilli. Served on 8/15/2017, answer due 9/5/2017. (rep)
August 31, 2017 Opinion or Order 2nd USCA Case Number #17-2719 for Plaintiff Joshua G. Stegemann's #51 Notice of Interlocutory Appeal of Sr. Judge McAvoy's #43 Order on Plaintiff's #32 Motion to Vacate & Amend Judgment (cml)
August 31, 2017 Opinion or Order Filing 52 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the #51 Notice of Interlocutory Appeal. {Copy sent via regular U.S. Postal mail to the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
August 30, 2017 Opinion or Order Filing 51 NOTICE OF INTERLOCUTORY APPEAL: Filed by Joshua G. Stegemann, pro se, as to the #43 Order on Motion to Vacate. {Envelope attached}. (rep)
August 28, 2017 Opinion or Order Filing 50 ACKNOWLEDGMENT OF SERVICE Executed as to Richard J. Sloma. Served on 8/24/2017, answer due 9/14/2017. {Clerk notes that this is the best image possible of this document}. (rep)
August 28, 2017 Opinion or Order Filing 49 ACKNOWLEDGMENT OF SERVICE Executed as to New York State Police Sort. Served on 8/24/2017, answer due 9/14/2017. (rep)
August 28, 2017 Opinion or Order Filing 48 ACKNOWLEDGMENT OF SERVICE Executed as to New York State Police. Served on 8/24/2017, answer due 9/14/2017. (rep)
August 28, 2017 Opinion or Order Filing 47 ACKNOWLEDGMENT OF SERVICE Executed as to "Dan" Kiley. Served on 8/24/2017, answer due 9/14/2017. (rep)
August 28, 2017 Opinion or Order Filing 46 ACKNOWLEDGMENT OF SERVICE Executed as to Chris Clifford. Served on 8/24/2017, answer due 9/14/2017. (rep)
August 28, 2017 Opinion or Order Filing 45 ACKNOWLEDGMENT OF SERVICE Executed as to the Air National Guard. Served on 8/24/2017, answer due 9/14/2017. (rep)
August 23, 2017 Opinion or Order Filing 44 PROCESS RECEIPT AND RETURN: Submitted by the U.S. Marshals, returned unexecuted as to Subsurface Informational Surveys, Inc. Envelope marked: "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep)
August 23, 2017 Opinion or Order Filing 43 ORDER: Denying the #32 Motion to Vacate. Signed by Senior Judge Thomas J. McAvoy on August 23, 2017. (Copy served via regular mail on the plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570). (rep)
August 18, 2017 Opinion or Order Filing 42 ACKNOWLEDGMENT OF SERVICE Executed as to Jack Mahar served on 8/15/2017, answer due 9/5/2017. (rep)
August 18, 2017 Opinion or Order Filing 41 ACKNOWLEDGMENT OF SERVICE Executed as to Fulton County Sheriff's Office served on 8/16/2017, answer due 9/6/2017. (rep)
August 16, 2017 Opinion or Order ***Answer due date updated for Fulton County Sheriff's Office: answer due 9/5/2017. (rep)
August 16, 2017 Opinion or Order Filing 40 ACKNOWLEDGMENT OF SERVICE: Executed as to Fulton County and Fulton County Sheriff's Office - served on 8/14/2017, answer due 9/5/2017. (rep) Modified on 8/20/2017 - to add Fulton County Sheriff's Office (rep).
August 14, 2017 Opinion or Order Minute Entry: MOTION CALENDAR held 8/14/2017 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP/CR/CRD: None. Pltf Stegemann's #32 MOTION to Vacate & Amend Judgment pursuant to FRCP Rule 60(b) - TAKEN ON SUBMIT. (cml)
August 14, 2017 Opinion or Order Partial filing fee received in the amount of $ 6.00, receipt number SYR050019. (rep)
August 4, 2017 Opinion or Order Filing 39 AMENDED Summons Issued as to AT&T Wireless, Air National Guard, Berkshire County, Berkshire County District Attorney's Office, Berkshire County Drug Task Force, Berkshire County Sheriff's Office, Sandra Blodgett, Thomas Bowler, David F. Capeless, Cellco Partnership, Glenn Civello, Chris Clifford, Scott Colbert, Glenn F. Decker, David Brian Foley, Fulton County, Fulton County Sheriff's Office, Mark Geracitano, Dale Gero, Shane Holcomb, Art Hyde, Steve Jones, "Dan" Kiley, Richard Locke, Jack Mahar, Michelle Mason, Massachusetts State Police, John Mazzeo, Travis McCarthy, New York State Police, New York State Police Sort, Jami Panichi, Robert Patterson, Christopher Perilli, Pittsfield Police Department, Tyrone Price, Captain Pyle, Rensselaer County, Rensselaer County District Attorney's Office, Rensselaer County Sheriff's Office, J.S. Robelotto, Pat Russo, William Scott, Richard J. Sloma, Rick Smith, John Stec, Subsurface Informational Surveys, Inc., Justin Walread, Warren County, Warren County Sheriff's Office, William Webster, Steve Wohlleber, Michael Wynn, Nathan York. (alh, )
August 4, 2017 Opinion or Order Filing 38 AMENDED COMPLAINT against AT&T Wireless, Air National Guard, Berkshire County, Berkshire County District Attorney's Office, Berkshire County Drug Task Force, Berkshire County Sheriff's Office, Sandra Blodgett, Thomas Bowler, David F. Capeless, Cellco Partnership, Glenn Civello, Chris Clifford, Scott Colbert, Glenn F. Decker, David Brian Foley, Fulton County, Fulton County Sheriff's Office, Mark Geracitano, Dale Gero, Shane Holcomb, Art Hyde, Steve Jones, "Dan" Kiley, Richard Locke, Jack Mahar, Michelle Mason, Massachusetts State Police, John Mazzeo, Travis McCarthy, New York State Police, New York State Police SORT, Jami Panichi, Robert Patterson, Christopher Perilli, Pittsfield Police Department, Tyrone Price, Captain Pyle, Rensselaer County, Rensselaer County District Attorney's Office, Rensselaer County Sheriff's Office, J.S. Robelotto, Pat Russo, William Scott, Richard J. Sloma, Rick Smith, John Stec, Subsurface Informational Surveys, Inc., Justin Walread, Warren County, Warren County Sheriff's Office, William Webster, Steve Wohlleber, Michael Wynn, Nathan York filed by Joshua G. Stegemann.(alh, )
August 4, 2017 Opinion or Order Filing 37 TEXT ORDER: It has come to the Court's attention that the plaintiff provided copies of his complaint for service that have been modified from the original complaint filed with the Court. The Clerk is directed to file this modified complaint as plaintiff's Amended Complaint. The Clerk of Court is directed to modify the docket to reflect that "Todd Patterson" is correctly identified as "Robert Patterson"; that "The Captain of The Massachusetts State Police" is correctly identified as "Rick Smith; Retired Captain of the Massachusetts State Police". The Text Order, filed August 3, 2017 is hereby VACATED. The Clerk of Court is directed to issue AMENDED Summonses and forward the Amended Summons, along with copies of the Amended Complaint, to the United States Marshal for service to be conducted upon the defendants. The Clerk shall forward a copy of the amended summons, amended complaint, and this Court's Decision and Order dated June 16, 2017 by mail to the County Attorney for Rensselaer County New York, Fulton County New York, Warren County New York, Berkshire County Massachusetts, Office of the New York State Attorney General, and the Office of the Massachusetts Attorney General. Authorized by Senior Judge Thomas J. McAvoy on 8/4/17. (served on plaintiff by regular mail)(alh, )
August 4, 2017 Opinion or Order Pursuant to the # 37 Text Order, the clerk forwarded copies of the #38 Amended Complaint, #39 Amended Summons, #26 Decision and Order dated June 16, 2017, and the # 37 Text Order, to the County Attorney for Rensselaer County New York, Fulton County New York, Warren County New York, Berkshire County Massachusetts, Office of the New York State Attorney General, and the Office of the Massachusetts Attorney General, via regular U.S. Postal Mail. (rep)
August 3, 2017 Opinion or Order Filing 36 ***VACATED PER DKT. NO. 37*** TEXT ORDER: Summonses were issued by the Clerk on July 28, 2017. The Clerk of Court is directed to forward the summonses, along with a copies of the complaint, to the United States Marshal for service to be conducted upon the defendants. The Clerk shall forward a copy of the summons, complaint, and this Courts Decision and Order dated June 16, 2017 by mail to the County Attorney for Rensselaer County New York, Fulton County New York, Warren County New York, Berkshire County Massachusetts, Office of the New York State Attorney General, and the Office of the Massachusetts Attorney General. Authorized by Senior Judge Thomas J. McAvoy on 8/3/17. (alh, ) Modified on 8/4/2017 (alh, ).
July 31, 2017 Opinion or Order Partial filing fee received: $ 151.59, receipt number SYR049893. (rep)
July 28, 2017 Opinion or Order Filing 35 Summons Reissued as to all defendants. {Summons was reissued as the one issued on 7/26/2017 had two names missing from the document}. (rep)
July 26, 2017 Opinion or Order Filing 34 Summons Issued as to all defendants. (rep)
July 20, 2017 Opinion or Order Filing 33 Letter from Joshua Stegemann with proposed summons attached, submitting copies of his Complaint and drafted USM-285's for service. {Extra copies of summonses provided for service} (Attachments: #1 Envelope)(rep)
July 17, 2017 Opinion or Order TEXT ONLY NOTICE setting Plaintiff's #32 MOTION to Vacate under Rule 60(b) returnable on 8/14/2017 at 10:00 AM in Albany, NY before Sr. District Judge Thomas J. McAvoy. This motion will be taken on submit basis; no in-person appearances necessary. (cml) [ CRD traditionally served this text only notice upon non-NEF pltf @ USBOP FCI Berlin facility ]
July 14, 2017 Opinion or Order Filing 32 MOTION TO VACATE AND AMEND JUDGMENT: Pursuant to Fed R. Civ. P. Rule 60(b). Filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Cover Letter and Envelope) (rep)
July 13, 2017 Opinion or Order Filing 31 TEXT ONLY ORDER: The Court has reviewed plaintiff's #30 letter requesting service of his #1 complaint. On June 23, 2017, the Clerk's Office sent plaintiff a letter directing him to provide the court with 52 copies of the complaint and completed USM-285 forms for service of the complaint [see dkt #27 ]. Even though plaintiff was granted IFP status in this matter, such status does not waive his responsibility in the payment of fees relating to document copy costs and/or witness fees [see NDNY Local Rule 5.4(a)]. Therefore, Plaintiff is hereby directed to comply with the court clerk's instructions set forth in the #27 letter notice no later than 8/24/2017. In the event Plaintiff fails to submit the required number of copies of his complaint and completed USM-285 forms, such non-compliance may result in the court's consideration of placing this matter upon its dismissal calendar for failure to prosecute; SO ORDERED - Authorized on 7/13/2017 by Sr. District Judge Thomas J. McAvoy (cml) [ CRD traditionally served this text only order w/ copy of LR 5.4 upon non-NEF pltf @ USBOP FCI Berlin facility ]
July 10, 2017 Opinion or Order Filing 30 LETTER: Filed by Joshua G. Stegemann, Pro Se, advising the Court that he has not received any correspondence from the Court regarding service of his Complaint and Summons. {Envelope attached}. (rep)
July 6, 2017 Opinion or Order Filing 29 DECISION AND ORDER: Denying the #28 Letter Request moving for reconsideration of the Court's #26 Order. Signed by Senior Judge Thomas J. McAvoy on July 6, 2017. (Copy served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570). (rep)
June 29, 2017 Opinion or Order Filing 28 LETTER MOTION: Dated June 23, 2017, filed by Joshua G. Stegemann, pro se, requesting service of the summons and complaint on all defendants. Submitted to Senior Judge Thomas J. McAvoy. {Envelope attached}. (rep)
June 23, 2017 Opinion or Order Filing 27 LETTER/NOTICE: From the Clerk advising the pro se plaintiff that, pursuant to the #26 Decision and Order, he is to provide the Syracuse Clerk's Office with 52 copies of his Complaint and 52 completed USM-285's (one for each defendant) for service by July 24, 2017. {The clerk provided a copy of the #1 Complaint to the plaintiff to use for copying and 52 blank USM-285's, along with a copy of this letter. All were sent via regular U.S. Postal Mail to the plaintiff at FCI Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}. (rep)
June 23, 2017 Opinion or Order Provided Superintendent of FCI Berlin with notice of instant action and a copy of inmate authorization form - copies of same provided to Financial Deputy, Syracuse. (rep)
June 23, 2017 Opinion or Order Set Deadlines: Notice of Compliance Deadline for return of copies of complaint and completed USM 285's is 7/24/2017. (rep)
June 16, 2017 Opinion or Order Filing 26 DECISION AND ORDER: Adopting the #24 Report and Recommendations. Plaintiff's Fourth Amendment property damage claims may PROCEED. Plaintiff's Fourth Amendment improper seizure claims are hereby DISMISSED without prejudice. Plaintiff's Fifth Amendment property damage claims are hereby DISMISSED without prejudice. Plaintiff's claims arising under 18 U.S.C. 2510-2522; 18 U.S.C. 2701, et seq.; and 18 U.S.C. 3121-3127 are hereby DISMISSED without prejudice. Plaintiff's claims arising under the New York State Constitution, Massachusetts Declaration of Rights, New York State Criminal Procedure Law, New York State Law, and Massachusetts General laws are hereby DISMISSED without prejudice. Plaintiff's motion for appointment of counsel are hereby DENIED with leave to renew at an appropriate time. Signed by Senior Judge Thomas J. McAvoy on June 16, 2017. (Copy served on the pro se plaintiff via regular mail at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570).(rep)
May 1, 2017 Opinion or Order Filing 25 OBJECTION to #24 Report and Recommendation and REQUEST FOR APPOINTMENT OF COUNSEL by Joshua G. Stegemann. (Attachments: #1 cover letter, #2 envelope)(nas, )
April 17, 2017 Opinion or Order Filing 24 REPORT-RECOMMENDATION AND ORDER: It is RECOMMENDED, that plaintiff's Fourth Amendment property damage claims proceed; and it is further RECOMMENDED, that, insofar as plaintiff's complaint may be read as stating a claim for improper seizure of his property under the Fifth Amendment, such claim be DISMISSED without prejudice; and it is further RECOMMENDED, that plaintiff's claims arising under 18 U.S.C. 2510-2522; 18 U.S.C. 2701, et seq.; and 18 U.S.C. 3121-3127 be DISMISSED without prejudice; and it is further RECOMMENDED, that plaintiff's claims arising under the New York State Constitution, Massachusetts Declaration of Rights, New York State Criminal Procedure Law, New York State law, and Massachusetts General laws be DISMISSED without prejudice; and it is ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order on the parties in accordance with Local Rules. Pursuant to 28 U.S.C. 636 (b) (1), the parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court "within fourteen (14) days after being served with a copy of the... recommendation." FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 5/4/2017. Case Review Deadline 5/8/2017. Signed by Magistrate Judge Christian F. Hummel on April 17, 2017. (Attachments: #1 Exhibit - Unpublished Decisions){Copy served on the plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular U.S. Postal Mail}(rep)
March 3, 2017 Opinion or Order Filing 23 DECISION AND ORDER: The Court accepts and adopts Magistrate Judge Hummel's October 3, 2016 Report-Recommendation and Order, Dkt. No. #19 , in part, finding that all claims except the claims brought under the Fourth and Fifth Amendments seeking monetary recovery for the indiscriminate destruction of property are barred by Heck v. Humphrey, 512 U.S. 477 (1994), and are dismissed without prejudice to refiling in the event Plaintiff can overcome the "favorable termination" rule established by Heck. The matter is recommitted to Magistrate Judge Hummel to make recommendations whether Plaintiff has pleaded legally viable claims under the Fourth and/or Fifth Amendments for monetary recovery for property destruction, and if, so whether the Court should exercise supplemental jurisdiction over Plaintiff's state law claims. The Plaintiff's #12 Motion for Appointment of Counsel and Service of Summons is denied with leave to renew following resolution of whether legally viable claims remain pending in this Court. Lastly, the Plaintiff's #14 letter motion seeking a status report of the motion at docket entry #12 is denied as moot. Signed by Senior Judge Thomas J. McAvoy on March 3, 2017. {Copy of this Order served via regular mail on the pro se plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570}.(rep)
December 7, 2016 Opinion or Order Filing 22 COURT LETTER dtd 12/07/2016 in response to Pltf's #21 letter request seeking case status (cml) [ CRD traditionally mailed to pro se pltf @ USBOP FCI Berlin facility -- pursuant to Fed.R.Civ.P. 6(d), an additional 3 days for service may be allowed ] (cml)
December 5, 2016 Opinion or Order Filing 21 Letter from Joshua G. Stegemann, Pro Se, to the Clerk, inquiring if the Court has taken any action in his case since the filing of his Objections. {The clerk sent a copy of the docket sheet to the Pro Se Plaintiff at F.C.I. Berlin Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular mail}. (rep)
October 18, 2016 Opinion or Order Filing 20 OBJECTIONS: to the #19 Report and Recommendations, filed by Joshua G. Stegemann, Pro Se. (Attachments: #1 Envelope)(rep)
October 3, 2016 Opinion or Order Filing 19 REPORT-RECOMMENDATIONS AND ORDER: It is RECOMMENDED that pursuant to the Court's review under 28 U.S.C. 1915, Stegemann's #1 Complaint be dismissed as barred by Heck v. Humphrey, 513 U.S. 477, 486-87 (1994); and it is further RECOMMENDED, that plaintiff's #12 letter motion requesting appointment of counsel and service of summonses, be DENIED as moot. ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation and Order on the parties in accordance with Local Rules. ORDERED, that the Clerk of the Court serve the plaintiff pro se a copy of this Report-Recommendation and Order in accordance with Local Rules. Pursuant to 28 U.S.C. 636(b)(1), parties may lodge written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court "within fourteen (14) days after being served with a copy of the... recommendation." N.Y.N.D. L.R. 72.1(c) (citing 28 U.S.C. 636(b)(1)(B)-(C)). FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 10/20/2016. Case Review Deadline 10/24/2016. Signed by Magistrate Judge Christian F. Hummel on October 3, 2016. {A copy of this Report-Recommendation was sent to the Pro Se Plaintiff at F.C.I. Berlin, Inmate Mail/Parcels, P.O. Box 9000, Berlin, NH 03570 via regular U.S. Postal Mail}.(rep)
September 14, 2016 Opinion or Order Filing 18 STATUS LETTER from the Court to plaintiff Joshua G. Stegemann. (tab){mailed to plaintiff via regular mail on 9/14/2016}
September 12, 2016 Opinion or Order Filing 17 LETTER: Filed by Joshua Stegemann, Pro Se, addressed to the Clerk requesting a status update on his #12 Request for Appointment of Counsel and service of summons. The Pro Se Plaintiff also advised that his new address is F.C.I. Berlin. {The clerk notes that the Plaintiff's Notice of Change of address was received on August 23, 2016 and docketed at entry #16 . The clerk is sending the Plaintiff his docket sheet via regular U.S. Postal mail to him at F.C.I. Berlin}. (rep)
August 23, 2016 Opinion or Order Filing 16 NOTICE of Change of Address - filed by Joshua G. Stegemann, Pro Se. Effective Date: 8/16/2016. Old Address: MDC Brooklyn, Metropolitan Detention Center, Inmate Mail/Parcels, P.O. Box 329002, Brooklyn, NY 11232. New Address: F.C.I. Berlin, P.O. Box 9000, Berlin, NH 03570. The Plaintiff also requests that his correspondence be marked as: SPECIAL LEGAL MAIL - OPEN ONLY IN PRESENCE OF ADDRESSEE. (rep)
July 21, 2016 Opinion or Order Filing 15 NOTICE: of Change of Address, filed by Joshua G. Stegemann. Effective Date: July 30, 2016. Old Address: Columbia County Jail, 85 Industrial Tract, Hudson, NY 12534. New Address: Federal Reception Center, 80 29th Street, Brooklyn, NY 11232. (rep)
June 8, 2016 Opinion or Order Filing 14 Letter Motion from Joshua G. Stegemann requesting status of the #12 Letter Motion filed on 5/16/2016 submitted to Senior Judge Thomas J. McAvoy. (hmr)
May 25, 2016 Opinion or Order Filing 13 MANDATE of USCA: As to the #9 Notice of Appeal filed by Joshua G. Stegemann - The Order of the District Court is VACATED and REMANDED for further proceedings consistent with this Order. {Mandate issued on 5/25/2016}. (rep)
May 16, 2016 Opinion or Order Filing 12 Letter Motion dated May 11, 2016 filed by Joshua G. Stegemann, Pro Se, renewing his request for appointment of counsel and service of summons. Submitted to Judge Thomas J. McAvoy. (rep)
May 3, 2016 Opinion or Order Filing 11 CERIFIED COPY OF ORDER OF USCA: As to the #9 Notice of Appeal filed by Joshua G. Stegemann - Upon due consideration, it is hereby ordered, adjudged, and decreed that the Order of the District Court is VACATED and REMANDED for further proceedings consistent with this Order. {Certified copy issued on 5/3/2016}. (rep)
March 5, 2015 Opinion or Order 2nd USCA Case Number 15-686 as to Pltf's #9 Appeal of #7 Order & #8 Judgment (cml)
March 5, 2015 Opinion or Order Filing 10 ELECTRONIC NOTICE AND CERTIFICATION: Sent to U.S. Court of Appeals regarding the #9 Notice of Appeal. {The clerk mailed a copy of this certification via U.S. Postal Mail to the Pro Se Plaintiff at his address of Columbia County Jail}. (rep)
March 4, 2015 Opinion or Order Filing 9 NOTICE OF APPEAL: Dated February 26, 2015 filed by Joshua G. Stegemann, Pro Se as to the #8 Judgment and the #7 Order on Report and Recommendations. (Cover letter and envelope attached). (rep)
February 20, 2015 Opinion or Order Filing 8 JUDGMENT: In favor of the defendants and against Joshua G. Stegemann. It is ORDERED and ADJUDGED that the Report-Recommendation is hereby ADOPTED and the Plaintiff's Complaint is DISMISSED WITH PREJUDICE. {A copy of this Judgment and the #7 Order was sent via regular U.S. Postal Mail and Certified Mail to the plaintiff at Columbia County Jail}. (rep)
February 20, 2015 Opinion or Order Filing 7 ORDER: Adopting the #5 Report and Recommendations. It is ORDERED that the Plaintiff's objections to the Report-Recommendation of Magistrate Judge Hummel are OVERRULED and that the Report-Recommendation is hereby ADOPTED. The Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE as noted further herein. Signed by Senior Judge Thomas J. McAvoy on February 19, 2015. (rep)
February 12, 2015 Opinion or Order Filing 6 OBJECTIONS to the #5 Report and Recommendations filed by Joshua G. Stegemann, Pro Se. With attached Cover Letter and Affidavit and Mailing Envelope. (jmb)
February 3, 2015 Opinion or Order Filing 5 REPORT, RECOMMENDATION, AND ORDER: It is ORDERED that the #4 MOTION for Leave to Proceed in forma pauperis filed by Joshua G. Stegemann is GRANTED. It is RECOMMENDED that the #1 Complaint filed by Joshua G. Stegemann be DISMISSED as barred by Heck v. Humphrey, failure to state a claim, and for lack of subject matter jurisdiction as noted further herein. Objections to R&R are due by 2/20/2015, Case Review Deadline is 2/24/2015. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Signed by Magistrate Judge Christian F. Hummel on 2/2/2015. (Attachments: #1 Exhibit - Unpublished Decision). {A copy of this Order, Report and Recommendation and related exhibit is being sent by the clerk to Joshua Stegemann via U.S. Postal Mail}. Motions terminated: #4 MOTION for Leave to Proceed in forma pauperis filed by Joshua G. Stegemann. (rep)
January 26, 2015 Opinion or Order Filing 4 MOTION: For Leave to Proceed in Forma Pauperis, filed by Joshua G. Stegemann.(Attachments: #1 Inmate Authoization with Affidavit, #2 Cover Letter with Envelope). Motions referred to Christian F. Hummel. (rep)
January 12, 2015 Opinion or Order Filing 3 ORDER: Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is ORDERED that because this action was not properly commenced, the Clerk is hereby directed to administratively close this action. It is ORDERED that if the plaintiff desires to pursue this action, he must so notify the Court within THIRTY (30) DAYS of the filing date of this Order, and either pay the full $400.00 filing fee for civil actions OR submit a completed and signed IFP Application that has been certified by an appropriate offical at his facility and the inmate authorization form required in this district. Upon compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. It is further ORDERED that the Clerk serve a copy of this Order on the plaintiff along with a blank IFP Application and an Inmate Authorization Form. Signed by Senior Judge Thomas J. McAvoy on January 12, 2015. {The clerk is mailing a copy of this Order as well as the IFP Application and Inmate Authorization Form to the plaintiff at Columbia County Jail}. (rep)
January 8, 2015 Opinion or Order Filing 2 MOTION: For Leave to Proceed in Forma Pauperis, filed by Joshua G. Stegemann. (Attachments: #1 Proposed Summons) Motions referred to Christian F. Hummel. (rep)
January 8, 2015 Opinion or Order Filing 1 COMPLAINT: Against AT&T Wireless, Air National Guard, Berkshire County, Berkshire County District Attorney's Office, Berkshire County Drug Task Force, Berkshire County Sheriff's Office, Sandra Blodgett, Thomas Bowler, David F. Capeless, Cellco Partnership, Glenn Civello, Chris Clifford, Scott Colbert, Glenn F. Decker, David Brian Foley, Fulton County, Fulton County Sheriff's Office, Mark Geracitano, Dale Gero, Shane Holcomb, Art Hyde, Steve Jones, "Dan" Kiley, Richard Locke, Jack Mahar, Michelle Mason, Massachusetts State Police, John Mazzeo, Travis McCarthy, New York State Police, New York State Police Sort, Jami Panichi, Todd Patterson, Christopher Perilli, Pittsfield Police Department, Tyrone Price, Rensselaer County, Rensselaer County District Attorney's Office, Rensselaer County Sheriff's Office, J.S. Robelotto, Pat Russo, William Scott, Richard J. Sloma, John Stec, Subsurface Informational Surveys, Inc., Justin Walread, Warren County, Warren County Sheriff's Office, William Webster, Steve Wohlleber, Michael Wynn, and Nathan York. Filed by Joshua G. Stegemann. Cover Letter and Envelope are attached, as well as a non-traditional Civil Cover Sheet. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Envelope)(rep)

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Plaintiff: Stegemann
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Defendant: Rensselaer County Sheriff's Office
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Defendant: Rensselaer County
Represented By: James A. Resila
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Defendant: Christopher Perilli
Represented By: Thomas K. Murphy
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Defendant: Cellco Partnership
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Defendant: Richard Locke
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Defendant: Pittsfield Police Department
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Defendant: Glenn F. Decker
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Defendant: John Stec
Represented By: Joseph P Kittredge
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Defendant: Fulton County Sheriff's Office
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Defendant: Arthur Hyde
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Defendant: Michael Wynn
Represented By: David S. Lawless
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Defendant: Jason Robelotto
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Defendant: Shane Holcomb
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Defendant: Robert Patterson
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Defendant: Thomas Bowler
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Defendant: New York State Police Sort
Represented By: Bruce J. Boivin
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Defendant: Richard McNally
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Defendant: Berkshire County
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Defendant: William Scott
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Defendant: Patrick Russo
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Defendant: William Roy
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Defendant: Michelle Mason
Represented By: Joseph P Kittredge
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Represented By: Stephen G. DeNigris
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Defendant: Travas McCarthy
Represented By: Lorena Galvez
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Defendant: Steve Wohlleber
Represented By: James A. Resila
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Defendant: Steve Jones
Represented By: Joseph P Kittredge
Represented By: Lorena Galvez
Represented By: Stephen G. DeNigris
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Defendant: James Deas
Represented By: Joseph P Kittredge
Represented By: Lorena Galvez
Represented By: Stephen G. DeNigris
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Defendant: Kevin Roy
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Defendant: Christopher Fumerola
Represented By: James A. Resila
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Defendant: Rick Smith
Represented By: Abigail L. Fee
Represented By: Stephen G. DeNigris
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Defendant: William Webster
Represented By: James A. Resila
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Defendant: Dale Gero
Represented By: Lorena Galvez
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Represented By: Stephen G. DeNigris
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Defendant: Rensselaer County District Attorney's Office
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Defendant: John Mazzeo
Represented By: David S. Lawless
Represented By: Shawn F. Brousseau
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Defendant: Sandra Blodgett
Represented By: James A. Resila
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Defendant: Derek Pyle
Represented By: James A. Resila
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Defendant: Richard J. Sloma
Represented By: Bruce J. Boivin
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Defendant: Berkshire County District Attorney's Office
Represented By: Abigail L. Fee
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Defendant: Mark Gorman
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Defendant: David F. Capeless
Represented By: Abigail L. Fee
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Defendant: Michael Fynn
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Defendant: Justin Loomis
Represented By: Thomas K. Murphy
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Defendant: Chris Clifford
Represented By: Bruce J. Boivin
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Defendant: Jami Panichi
Represented By: James A. Resila
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Defendant: Frank Mastan
Represented By: James A. Resila
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Defendant: Unknown Members of the Rensselaer County Emergency Response Team
Represented By: James A. Resila
Represented By: Kasey K. Hildonen
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Defendant: Tyrone Price
Represented By: David S. Lawless
Represented By: Shawn F. Brousseau
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Defendant: New York State Police
Represented By: Bruce J. Boivin
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Defendant: Justin Walread
Represented By: James A. Resila
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Defendant: Glenn Civello
Represented By: David S. Lawless
Represented By: Shawn F. Brousseau
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Defendant: Scott Colbert
Represented By: Abigail L. Fee
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Defendant: Massachusetts State Police
Represented By: Abigail L. Fee
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Defendant: Nathan York
Represented By: Thomas K. Murphy
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Defendant: Anthony D'Agostino
Represented By: James A. Resila
Represented By: Kasey K. Hildonen
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Defendant: AT&T Wireless
Represented By: Stacy A. Lutkus
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Defendant: Warren County Sheriff's Office
Represented By: Thomas K. Murphy
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Defendant: Jack Mahar
Represented By: James A. Resila
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Defendant: Berkshire County Sheriff's Office
Represented By: Abigail L. Fee
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Defendant: Air National Guard
Represented By: Bruce J. Boivin
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Defendant: Mark Geracitano
Represented By: James A. Resila
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Defendant: David Brian Foley
Represented By: Abigail L. Fee
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Defendant: "Dan" Kiley
Represented By: Bruce J. Boivin
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Defendant: Fulton County
Represented By: Thomas K. Murphy
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Defendant: Wayne Peters
Represented By: Thomas K. Murphy
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Defendant: Pat Russo
Represented By: James A. Resila
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Defendant: J.S. Robelotto
Represented By: James A. Resila
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Defendant: Art Hyde
Represented By: James A. Resila
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Defendant: Travis McCarthy
Represented By: Lorena Galvez
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Defendant: Cellco Partnership d/b/a Verizon Wireless
Represented By: Janet D. Callahan
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Defendant: Captain Pyle
Represented By: James A. Resila
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Defendant: The Captain of The Massachusetts State Police
Represented By: Abigail L. Fee
Represented By: Stephen G. DeNigris
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Defendant: Todd Patterson
Represented By: Joseph P Kittredge
Represented By: Lorena Galvez
Represented By: Stephen G. DeNigris
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Cross defendant: Unknown Members of Fulton County Sheriffs Office Canine Team
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Cross defendant: Berkshire County Drug Task Force
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Cross defendant: Investigator Film
Represented By: James A. Resila
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Cross defendant: Richard C. Giardino
Represented By: Thomas K. Murphy
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Cross defendant: Joshua G. Stegemann
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Cross claimant: Subsurface Informational Surveys, Inc.
Represented By: Christine D. Hanlon
Represented By: Richard P. Veloce
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