McGann v. United States of America
| Mark S. McGann |
| United States of America |
| Frank McGann, MERS as nominee for Fremont Investment & Loan, Fremont Investment & Loan and City of Watervliet |
| 1:2015cv00999 |
| August 18, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Schenectady |
| Christian F Hummel |
| Glenn T Suddaby |
| Real Property: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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Filing 20
ORDER approving #19 Stipulation of Dismissal. Signed by Chief Judge Glenn T. Suddaby on 4/21/16. (lmw)
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| Filing 19 STIPULATION of Dismissal by Mark S. McGann submitted to Judge Suddaby. (Dalmata, Cory) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephonic Status Conference held on 4/18/2016. Appearances by Thomas E. DeLorenzo, Esq. for plaintiff, Michael P. Lobie, AUSA for the government. Case will be discontinued. Stipulation of Discontinuance to be filed on or before 5/18/16. Government reserves the right to commence a 2nd action. (tab) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: A Telephonic Status Conference was held on 3/30/2016 at the request of counsel. Appearances by telephone: Thomas DeLorenzo, Esq. for plaintiff, Michael P. Lobie, AUSA for the Defendant. After some discussion, plaintiff agrees to consent to the filing of the Amended Answer with counterclaims. Defendant is directed to serve the Amended Answer with counterclaims on Frank McGann within 50 days of the date that the stipulation/consent is signed by the Court. A telephone status conference remains scheduled with Judge Hummel for Monday, 4/18/16 @ 10:00 AM. (tab) |
| Filing 18 NOTICE of Briefing Schedule on Motion #17 MOTION to Amend/Correct #8 Answer to Complaint : As per the briefing schedule set at a court conference, Plaintiff's Response to Motion due by 4/18/2016 and any Reply to Response to Motion due by 4/25/2016. Motion is considered fully brief as of 4/29/2016 before Magistrate Judge Christian F. Hummel and is taken ON SUBMIT. (tab) |
| Filing 17 MOTION to Amend/Correct #8 Answer to Complaint Motion Hearing set for 4/29/2016 05:00 PM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 4/12/2016 filed by United States of America. (Attachments: #1 Motion to Amend, #2 Proposed Order, #3 Memo of Law, #4 Affidavit, #5 Redline showing changes to Answer, #6 Amended Answer and Counterclaim) Motions referred to Christian F. Hummel. (Lobie, Michael) |
| Filing 16 NOTICE of Status Conference: A Telephonic Status Conference has been set for Monday, 4/18/2016 @ 10:00 AM before Magistrate Judge Christian F. Hummel. Counsel are directed to dial into 1-888-363-4749, enter access code 9496322 and security code 1234 to join the conference.(tab) |
| Filing 15 TEXT ONLY Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 3/18/2016. Appearances (by teleconference) Thomas E. DeLorenzo, Esq. for plaintiff, Michael P. Lobie, AUSA for Defendant, United States. Defendant is directed to file their Motion to Amend the Answer on or before 3/28/2016. A Response to Motion due by 4/18/2016, Reply to Response to Motion due by 4/25/2016. Motion will be considered fully briefed on 4/29/2016 before Magistrate Judge Christian F. Hummel and will be ON SUBMIT (no appearances or oral argument will be heard). New deadlines for Discovery and for the filing of Dispositive Motions will be issued when a decision on this motion is rendered. (Court Reporter FTR Recorded) (tab) |
| Filing 14 NOTICE of Conference: In response the the filing of the 2/29/16 Amended Answer [Dkt. No. 12] and the 3/2/16 Request/Motion to Amend Answer [Dkt. No. 13] by Defense counsel, Michael Lobie, Esq., Magistrate Judge Hummel has directed that a conference be set. A Status/Pre-Motion Conference has been set for Thursday, 3/17/2016 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel are permitted to participate for the conference by phone or in person. Counsel wishing to participate by phone are directed to dial into 1-888-684-8852, enter access code 9772719 and security code 1234 to join the conference.(tab) |
| Filing 13 NOTICE by United States of America re #12 Amended Answer to Complaint,, Counterclaim, of Request/Motion to Amend Answer (Attachments: #1 Proposed Order, #2 Redline, #3 First Amended Answer and Counterclaim)(Lobie, Michael) |
| Filing 12 AMENDED ANSWER to #1 Complaint , COUNTERCLAIM against Mark S. McGann, Frank McGann, MERS as nominee for Fremont Investment & Loan, Fremont Investment & Loan, City of Watervliet by United States of America. (Lobie, Michael) |
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Filing 11
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2 days (non-jury). Preferred Trial Location: Albany, NY. Joinder of Parties due by 12/1/2015. Amended Pleadings due by 2/29/2016. Discovery due by 5/2/2016. Motions to be filed by 8/1/2016. Status Report due by 3/21/2016. Signed by Magistrate Judge Christian F. Hummel on 11/16/15. (tab)
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Filing 10
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 11/16/2015. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 11/16/15. (tab)
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| TEXT Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 11/16/2015. Appearances by Thomas DeLorenzo, Esq. for Plaintiff (in person) and Michael Lobie, Esq. for Defendant (via telephone). Deadlines set, pretrial Order to issue. (tab) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN by United States of America. (Lobie, Michael) |
| Filing 8 ANSWER to #1 Complaint by United States of America.(Lobie, Michael) |
| Filing 7 NOTICE of Appearance by Michael P. Lobie on behalf of United States of America (Lobie, Michael) |
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Filing 6
TEXT ORDER granting #5 Motion for Extension of Time to Answer. United States of America answer due 11/2/2015. Authorized by Magistrate Judge Christian F. Hummel on 10/23/15. (tab)
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| Filing 5 MOTION for Extension of Time to File Answer filed by United States of America. Motions referred to Christian F. Hummel. (Chernoff, Stephanie) |
| ***Answer due date updated for United States of America answer due 10/9/2015. (mgh) |
| Filing 4 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet and Case Management Plan served on Tanya Jameson on 8/20/2015, filed by Mark S. McGann. (DeLorenzo, Thomas) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/16/2015 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/9/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Issued as to US Attorney)(mgh) |
| Filing 1 COMPLAINT against United States of America (Filing fee $400 receipt number 3385533) filed by Mark S. McGann. (Attachments: #1 Civil Cover Sheet)(mgh) |
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