Bied v. County of Rensselaer et al
| Michaela Bied |
| Wendy A. Meehan, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Alexander J. Popovics, Amanda J. Miller-Kalbfiesh, Wendy A. Hudy, John/Jane Doe No. 1 and John/Jane Doe No. 2 |
| John L. Murad |
| 1:2015cv01011 |
| August 20, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Rensselaer |
| Thomas J McAvoy |
| David E Peebles |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 19, 2018. A more recent docket listing may be available from PACER.
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Filing 80
ORDER DISMISSING CASE by Reason of Settlement. Authorized by Senior Judge Thomas J. McAvoy on 6/19/2018. (amt)
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Filing 79
DECISION & ORDER: Defendants' #55 motion for summary judgment is GRANTED in part and DENIED in part. The motion is granted in that all claims in this matter against all Defendants, except Plaintiff's claims against Defendant Hudson Valley Community College under the ADA and the Rehabilitation Act alleging a denial of an accommodation for extra time to take the missed tests in the Principles of Marketing class, are DISMISSED. The claims against Defendant Hudson Valley Community College under the ADA and Rehabilitation Act alleging a denial of an accommodation for extra time to take the missed tests in the Principles of Marketing class will be set by the Clerk for trial. Defendants' #62 motion to strike Plaintiff's expert's report and preclude the expert from testifying is DENIED; Signed by Sr. District Judge Thomas J. McAvoy dtd 3/30/2018 (cml)
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Filing 78
STATUS REPORT as to Co-Counsel by Michaela Bied. (Smith, Youel)
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CLERK'S CORRECTION OF DOCKET ENTRY of Defendants County/Rensselaer, Hudson Valley Community College, Hudson Valley Community College Dept of Public Safety, Meehan, Miller-Kalbfiesh & Popovics' #77 Exhibit List -- CRD Ligas modified docket entry to reflect such filing is Defts' Objections to Pltf's #74 Rule 26(a)(3) Pretrial Disclosure (cml)
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Filing 77
Defendants' Objections to Plaintiff's Rule 26(a)(3) Pretrial Disclosures by County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Agins, Joshua) Modified on 9/22/2017 by CRD Ligas to reflect filing is a pretrial disclosure statement, not exhibit list (cml)
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Filing 76
TEXT ONLY ORDER granting Plaintiff's #75 Letter Request & adjourning the 10/11/2017 JURY TRIAL w/out DATE pending further court notice; SO ORDERED - Authorized on 9/20/2017 by Sr. District Judge Thomas J. McAvoy (cml)
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Filing 75
Letter Motion from Matthew C. Hug, Esq. for Michaela Bied requesting Adjournment of Trial Date submitted to Judge Thomas J. McAvoy . (Hug, Matthew)
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Minute Entry: MOTION CALENDAR held 9/11/2017 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: J. Straffolino; CRD/mcp. Defts Miller-Kalbfiesh, County/Rensselaer, Hudson Valley Community College Dept of Public Safety, Popovics, Hudson Valley Community College & Meehan's #62 MOTION Strike Report & Preclude Testimony of Bruce Adelson - TAKEN ON SUBMIT. (cml)
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Filing 74
PRETRIAL DISCLOSURE STATEMENT by Michaela Bied. (Attachments: #1 certificate of service)(Hug, Matthew)
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Filing 73
First MOTION for Extension of Time to File Rule 26(a) Pretrial Disclosure filed by Michaela Bied. (Attachments: #1 certificate of service) Motions referred to David E. Peebles. (Hug, Matthew)
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Filing 72
PRETRIAL DISCLOSURE STATEMENT by County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Certificate of Service)(Agins, Joshua)
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TEXT NOTICE to parties advising that the pending motion for 9/11/17 is on submit basis, appearances are not required. (sfp, )
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Filing 71
REPLY to Response to Motion re #62 MOTION Strike Report and Preclude Testimony of Bruce Adelson filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Certificate of Service)(Agins, Joshua)
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Filing 70
TEXT ORDER granting Deft's #69 Letter Request to file a reply to response to motion not exceeding 5 pages. Authorized by Senior Judge Thomas J. McAvoy on 8/29/17. (sfp, )
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Filing 69
Letter Motion from Joshua M. Agins for County of Rensselaer, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics requesting Permission to file reply submitted to Judge Thomas J. McAvoy . (Agins, Joshua)
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Filing 68
RESPONSE to Motion re #62 MOTION Strike Report and Preclude Testimony of Bruce Adelson filed by Michaela Bied. (Attachments: #1 Memorandum of Law Memorandum of Law in Opposition, #2 Exhibit(s) Plaintiff's Exhibit 1: Deposition Transcript of Bruce Adelson, #3 Certificate of Service)(Hug, Matthew)
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Minute Entry: MOTION CALENDAR held 8/14/2017 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP/CR/CRD: None. Defts Miller-Kalbfiesh, County / Rensselaer, Hudson Valley Community College Dept of Public Safety, Popovics, Hudson Valley Community College & Meehan's #55 MOTION for Summary Judgment - TAKEN ON SUBMIT. (cml)
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TEXT ONLY NOTICE setting Defendants' #62 MOTION to Strike Report & Preclude Testimony of Bruce Adelson returnable at 10:00 AM on 9/11/2017 in ALBANY, NY before Sr. District Judge Thomas J. McAvoy. OPPOSITION RESPONSE to Motion due by 8/25/2017. Upon leave of court, REPLY RESPONSE to Motion due by 8/31/2017. (cml)
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CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the docket text of the #61 Response to Motion to indicate that it is in response to the #55 Motion for Summary Judgment. The clerk also replaced Exhibit HH (attachment 37) with a corrected version that fixed a paging issue. (rep)
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Filing 67
CERTIFICATE OF SERVICE by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics re #65 Reply to Response to Motion, (D'Antonio, Thomas)
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Filing 66
CERTIFICATE OF SERVICE by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics regarding Defendants' Reply Memorandum of Law (D'Antonio, Thomas)
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Filing 65
REPLY to Response to Motion re #55 MOTION for Summary Judgment Defendants' Reply to Plaintiff's Response to Defendants' Statement of Material Facts filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (D'Antonio, Thomas)
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Filing 64
REPLY to Response to Motion re #55 MOTION for Summary Judgment Defendants' Reply Memorandum of Law filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (D'Antonio, Thomas)
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Filing 63
ORDER: Granting the #60 Motion for Leave to File Exhibit A under seal. Signed by Senior Judge Thomas J. McAvoy on August 1, 2017. (rep)
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Filing 62
MOTION Strike Report and Preclude Testimony of Bruce Adelson filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Memorandum of Law in Support of Motion to Strike and Preclude Bruce Adelson, #2 Declaration, #3 Exhibit(s) Exhibit A - Report, #4 Exhibit(s) Exhibit B - Deposition Testimony, #5 Certificate of Service) Motions referred to David E. Peebles. (Agins, Joshua)
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Filing 61
RESPONSE to Motion re #55 Motion for Summary Judgment filed by Michaela Bied. (Attachments: #1 Statement of Material Facts, #2 Certificate of Service, #3 Memorandum of Law, #4 Exhibit(s) Ex "A" Redacted - voorheesville psych/ed report, #5 Exhibit(s) Ex. "B" - -1.22.13-1.23.13 HVCC acceptance, #6 Exhibit(s) Ex. C-4.29.13-1 documentation checklist, #7 Exhibit(s) Ex. D-2.24.13 Course Advisement Sheet, #8 Exhibit(s) Ex. E-9.01.13-2 Judicial System, #9 Exhibit(s) Ex. F-1.01.14-4 Marketing Principles Syllabus, #10 Exhibit(s) Ex. G-9.01.13-3 Anti-Discrim & Harassment Policy, #11 Exhibit(s) Ex. H-2.21.14-2 Michaela-Hudy e exchange, #12 Exhibit(s) Ex. I-2.24.14-1 Hudy 2 Marketing e, #13 Exhibit(s) Ex. J-2.24.14-3 Hudy 2 Michaela e, #14 Exhibit(s) Ex. K-2.27.14-1 Michaela-Hudy e exchange, #15 Exhibit(s) Ex. L-2.28.14-1 5.06.14 Michaela cell phone log, #16 Exhibit(s) Ex. M-2.28.14-2 Seth Bied cell phone log, #17 Exhibit(s) Ex. N-4.11.14 Dowd note, #18 Exhibit(s) Ex. O-4.17.14-2 Hudy 2 Totaro e, #19 Exhibit(s) Ex. P-4.29.14-1 Hudy 2 Martocci e, #20 Exhibit(s) Ex. Q-4.29.14-6-Popovics memo re 4.29.14 mtg, #21 Exhibit(s) Ex. R-4.30.14-3 Test 6, #22 Exhibit(s) Ex. S-5.01.14-1 1151 Hudy 2 Marketing e, #23 Exhibit(s) Ex. T-5.05.14-3 1459 Aliberti 2 Popovics e, #24 Exhibit(s) Ex. U-5.06.14-6 Resisting accusatory (amended), #25 Exhibit(s) Ex. V-5.06.14-7 Harassment accusatory, #26 Exhibit(s) Ex. W-5.06.14-8 Stalking accusatory, #27 Exhibit(s) Ex. X-5.06.14-9 NGB Order of Protection, #28 Exhibit(s) Ex. Y-5.06.14-10 Spring Transcript, #29 Exhibit(s) Ex. Z-5.06.14-11 Fall 13 & Spring 14 Transcript, #30 Exhibit(s) Ex. AA-5.06.14-12 -5.21.14 File Notes, #31 Exhibit(s) Ex. BB-7.14.16 Aliberti depo, #32 Exhibit(s) Ex. CC-5.19.14-2 Popovics Notice of Charges, #33 Exhibit(s) Ex. DD-6.17.16 Michaela depo, #34 Exhibit(s) Ex. EE-6.29.16 Hudy depo, #35 Exhibit(s) Ex. FF 7.08.16 Popovics depo, #36 Exhibit(s) Ex. GG-7.14.16 Miller-Kalbfliesh depo, #37 Exhibit(s) Ex. HH-7.15.16 Joseph Bied depo, #38 Exhibit(s) Ex. II-3.23.17 Martocci depo, #39 Exhibit(s) Ex. JJ-4.24.13-1 CAAT Auth 4 Release Disability Info, #40 Exhibit(s) Ex. KK-9.03.13 Accommodation Letters, #41 Exhibit(s) Ex. LL 1.28.14-2.11.14 Michaela-Dowd e chain, #42 Exhibit(s) Ex. MM-2.04.14-2.18.14 Proctor Sheets, #43 Exhibit(s) Ex. NN-4.29.14 Martocci DRC File Notes, #44 Exhibit(s) Ex. OO-4.29.14 Dowd File Note, #45 Exhibit(s) Ex. PP-4.29.14 Martocci DRC File Note 2, #46 Exhibit(s) Ex. QQ-5.01.14 Martocci File Notes, #47 Exhibit(s) Ex. RR-3.03.14-3.04.14 Michaela-Hudy e chain, #48 Exhibit(s) Ex. SS-4.30.14 Hudy 2 Marketing e, #49 Exhibit(s) Ex. TT-5.12.14-2 1501 Aliberti 2 Martocci e, #50 Exhibit(s) Ex. UU- 6.20.16 Hudy depo, #51 Exhibit(s) Ex. VV-12.21.14 Sanford 2 Ct re dismissal, #52 Exhibit(s) Ex. WW-12.24.14 NGB Dismissal Order, #53 Exhibit(s) Ex. XX-12.24.14 NGB Seal Order)(Hug, Matthew) (Attachment 37 replaced on 8/4/2017) (rep, ). Modified on 8/4/2017 - The clerk changed the docket text to note that this is a response to the #55 Motion for Summary Judgment and not a response to the #58 Letter Motion. The clerk also replaced Exhibit HH (attachment 37) with a corrected version as pages were out of order in the originally filed version (rep).
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Filing 60
First MOTION for Leave to File Exhibits Under Seal Motion Hearing set for 8/14/2017 09:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 7/28/2017 filed by Michaela Bied. (Attachments: #1 Declaration, #2 Proposed Order/Judgment) Motions referred to David E. Peebles. (Hug, Matthew)
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Filing 59
TEXT ORDER: Deft letter motion [doc.#58] to adjourn oral argument on Deft Motion for Summary Judgment, Doc. #55, is DENIED. Deft Motion for Summary Judgment, Doc. #55, will be decided on the basis of the submissions alone. See NYND LR 7.1(h). Relative to Deft Motion for Summary Judgment, Doc #55, each party is directed to deliver to the U.S. District Court Clerk's Office in Albany, NY, by 8/3/17, chamber's copies of all memoranda, affidavits, declarations, statements of material facts, exhibits, deposition transcripts/deposition exhibits, and other documents that the party filed in connection with motion Doc. #55. All memoranda, affidavits, declarations, statements of material facts, exhibits, deposition transcripts/deposition exhibits and other documents that are provided to the Court must be contained in three-ring binders (or otherwise bound), and must be tabbed & identified in a manner that will assist the Court's review of the material. All documents/exhibits filed under seal must be clearly marked as having been so filed. In addition, each party is directed to provide the Court with a DVD containing, in text format (Microsoft Word or Wordperfect), copies of all memoranda and statements of material fact that the party files relative to motion Doc. #55. Authorized by Senior Judge Thomas J. McAvoy on 7/12/17. (sfp, )
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Filing 58
Letter Motion from Joshua M. Agins for County of Rensselaer, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics requesting Adjournment submitted to Judge McAvoy . (Agins, Joshua)
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Filing 57
***SEALED EXHIBITS filed by Defendants in support of the #55 Motion for Summary Judgment. (amt)
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Filing 56
TEXT ORDER granting #54 Motion for Leave to File under seal portions of #55 motion for summary judgment. Authorized by Senior Judge Thomas J. McAvoy on 7/5/17. (sfp, )
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TEXT NOTICE of Hearing on Motion: Defts' #55 MOTION for Summary Judgment is placed on Judge McAvoy's 8/14/17 Motion Calendar at 10 AM in Albany. Response to Motion due by 7/28/2017. Reply to Response to Motion due by 8/3/2017. (sfp, )
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Filing 55
MOTION for Summary Judgment Motion Hearing set for 8/8/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 7/24/2017 Reply to Response to Motion due by 7/28/2017. filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Statement of Material Facts, #2 Memorandum of Law, #3 Declaration Declaration of Thomas S. D'Antonio, #4 Exhibit(s) 50-h transcript, #5 Exhibit(s) Bied Testimony 1, #6 Exhibit(s) Bied Testimony 2, #7 Exhibit(s) Bied Testimony 3, #8 Exhibit(s) Testimony of J. Bied, #9 Exhibit(s) Testimony of K. Bied, #10 Exhibit(s) Testimony of W. Meehan, #11 Exhibit(s) Testimony of W. Meehan 2, #12 Exhibit(s) Testimony of A. Popvics, #13 Exhibit(s) Testimony of Miller-Kalbfleish, #14 Exhibit(s) Testimony of Miller-Kalbfleish 2, #15 Exhibit(s) Testimony of F. Aliberti, #16 Exhibit(s) Testimony of D. Martocci, #17 Exhibit(s) Ex. 14 - Filed Under Seal, #18 Exhibit(s) E-mails, #19 Exhibit(s) Notice, #20 Exhibit(s) E-mails, #21 Exhibit(s) E-mails, #22 Exhibit(s) E-mails, #23 Exhibit(s) E-mails, #24 Exhibit(s) E-mail, #25 Exhibit(s) Incident Report, #26 Exhibit(s) Incident Report, #27 Exhibit(s) Ex. 24 - Filed Under Seal, #28 Exhibit(s) Ex. 25 - Filed Under Seal, #29 Exhibit(s) E-mails, #30 Exhibit(s) E-mails, #31 Exhibit(s) E-mails, #32 Exhibit(s) E-mails, #33 Exhibit(s) E-mails, #34 Exhibit(s) E-mails, #35 Exhibit(s) Supporting Statement, #36 Exhibit(s) Charge Notice, #37 Exhibit(s) Ex. 34 - Filed Under Seal, #38 Exhibit(s) HVCC Policy, #39 Exhibit(s) Plaintiff's Am. Resp. - Second Set of Interrogatories, #40 Exhibit(s) Course Syllabus, #41 Exhibit(s) E-mails, #42 Exhibit(s) Incident Report, #43 Exhibit(s) Ex. 40 - Filed Under Seal, #44 Exhibit(s) Ex. 41 - Filed Under Seal, #45 Exhibit(s) Ex. 42 - Filed Under Seal, #46 Exhibit(s) Ex. 43 - Filed Under Seal, #47 Exhibit(s) E-mails, #48 Exhibit(s) Incident Report, #49 Certificate of Service) (Agins, Joshua)
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Filing 54
MOTION for Leave to File Documents Under Seal Motion Hearing set for 7/31/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 7/14/2017 filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Declaration, #2 Proposed Order/Judgment) Motions referred to David E. Peebles. (Agins, Joshua)
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Filing 53
NOTICE of Appearance by Joshua M. Agins on behalf of All Defendants (Agins, Joshua)
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Filing 52
TEXT ORDER granting #51 Letter Request for an extension of time to complete expert depositions until 7/31/2017. All other deadlines remain the same. Authorized by Magistrate Judge David E. Peebles on 6/23/2017. (sal )
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Filing 51
Letter Motion from Youel C. Smith, III for Michaela Bied requesting Extension of deadline to depose experts submitted to Judge Peebles . (Smith, Youel)
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Filing 50
NOTICE by County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics of withdrawal (Clemente, Jessica)
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Filing 49
TEXT ORDER : The deadline for completing expert depositions is extended until 6/30/2017 and the deadline for filing motions to preclude expert testimony is extended until 7/31/2017. The dispositive motion filing deadline remains set for 6/30/2017. Trial Ready deadline remains 10/4/2017 and the Jury Trial remains set for 10/11/2017 before Senior District Judge Thomas J. McAvoy in Albany. Authorized by Magistrate Judge David E. Peebles on 5/18/17. (sal )
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/17/2017 Expert reports have been exchanged. Rule 35 exam of the plaintiff has been completed. Parties are currently attempting to take expert depositions, however, defendants' counsel requests an extension of time to do so. Magistrate Judge Peebles extends the deadline for completing expert depositions until 6/30/2017 and the deadline for filing motions to preclude expert testimony is extended until 7/31/2017. The dispositive motion filing deadline remains set for 6/30/2017. Defendants anticipate filing a dispositive motion. Parties are not close in their settlement discussions at this time. No new conference is set before Magistrate Judge Peebles. APP: Matthew Hug, Esq., Thomas D'Antonio, Esq., and Jessica Clemente, Esq.. (sal )
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Reset Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the Telephone Conference set for 5/16/2017 at 3:30 PM is rescheduled for 5/17/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 (sal )
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Filing 48
TEXT ORDER granting #47 Letter Request for an extension of the Fact Discovery deadline until 3/24/2017, which does not affect any other deadlines in the case. Authorized by Magistrate Judge David E. Peebles on 3/6/2017. (sal )
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Filing 47
Letter Motion from Jessica N. Clemente for County of Rensselaer, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics requesting Extension/Modification of the Scheduling Order submitted to Judge Peebles . (Clemente, Jessica)
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Filing 46
TEXT ORDER : By letter dated 2/13/2017, defendants' counsel has requested a telephone conference to discuss discovery related issues that have arisen in this case. Dkt. No. #43 . Pursuant to that request, a telephone conference was scheduled to be held in the case on 2/16/2017 at 11:30 am. Plaintiff's counsel has advised, however, that he is in a trial which is expected to last approximately two weeks and is therefore unavailable for the scheduled conference. The court has reviewed the parties' submissions concerning the discovery dispute, including the aforementioned letter from defendants' counsel and a response dated 2/15/2017 from plaintiffs' attorney. Dkt. No. #45 . Based upon these submissions, the court is convinced that the parties have not communicated regarding their discovery issues in good faith as contemplated by the Federal Rules of Civil Procedure and the local rules of this court. The parties are therefore directed to confer further and, if they are unable to reach agreement concerning the outstanding issues, permission is hereby granted to defendants' counsel to file a motion to compel discovery on or before 2/24/2017. Plaintiff's response to any such motion must be filed on or before 3/3/2017. An in-person hearing will be conducted by the court concerning the motion on 3/16/2017 at 3:00 pm in Albany, NY. The parties are hereby advised that absent circumstances making such an award unjust, the court will impose costs and attorneys' fees against the losing party in connection with the discovery motion. Authorized by Magistrate Judge David E. Peebles on 2/16/2017. (sal)
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Filing 45
Letter Motion from Matthew C. Hug, Esq. for Michaela Bied requesting Response to Defendant's Letter Motion submitted to Judge David Peebles . (Hug, Matthew)
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Filing 44
TEXT ORDER granting #43 Letter Request. A Telephone Conference is set for 2/16/2017 at 11:30 AM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/14/2017. (sal )
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Filing 43
Letter Motion for County of Rensselaer, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics requesting Local Rule 7.1(d) conference submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Clemente, Jessica)
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Filing 42
TEXT ORDER : Permission is GRANTED for the parties to conduct the plaintiff's Rule 35 exam beyond the 3/3/2017 discovery deadline. Authorized by Magistrate Judge David E. Peebles on 2/3/2017. (sal )
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/3/2017. Paper discovery is almost complete. Magistrate Judge Peebles reminds the parties that the current deadlines are firm. The Rule 35 exam of the plaintiff cannot be taken until 3/15/2017 and 3/16/2017, which is beyond the discovery deadline. Magistrate Judge Peebles grants permission to conduct the plaintiff's Rule 35 exam beyond the 3/3/2017 discovery deadline. Defendants intend to file a dispositive motion. Next telephone conference is set for 5/16/2017 at 3:30 PM. Defendants' counsel is directed to initiate the call to Chambers. APP: Matthew Hug, Esq., Youel Smith, III, Esq., Jessica Clemente, Esq.. (sal )
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Set Hearings: A Telephone Conference is set for 5/16/2017 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
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Reset Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the Telephone Conference set for 1/26/2017 at 3:00 PM is rescheduled for 2/3/2017 at 2:30 PM. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
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Filing 41
ANSWER to Complaint (Amended Complaint Dkt. 37) by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Meehan, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Certificate of Service)(D'Antonio, Thomas)
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Filing 40
ORDER: On the #33 Motion for an Extension of Time to Amend Complaint - Plaintiff's motion for leave to join three additional party defendants is DENIED. Plaintiff's motion for leave to amend her Complaint is GRANTED, other than with respect to the joinder of the three additional defendants. On or before October 18, 2016, Plaintiff shall file electronically an amended complaint consistent with this Order and the court's bench decision. Within twenty-one days after the filing of plaintiff's amended complaint, Defendants shall answer or move against the complaint. No costs or attorney's fees are awarded in connection with plaintiff's motion. Signed by Magistrate Judge David E. Peebles on October 17, 2016. (rep)
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Filing 39
ORDER granting in part #38 Letter Request to Modify the Deadlines as Follows: Plaintiff has filed an Amended Complaint at Dkt. No. #37 (clerk corrected this entry to modify the text reflecting this is an Amended Document to correctly reflect this is actually Amended Complaint). Defendants' response to plaintiff's #37 complaint is therefore due by 11/3/2016. All supplemental written demands must be served by 11/30/2016. All responses to written demands must be served by 1/4/2017. All remaining factual discovery, including depositions, document productions, responses to interrogatories and Rule 35 examinations, must be completed by 3/3/2017. All motions related to factual discovery must be filed no less than two weeks before the factual discovery completion date of 3/3/2017 (i.e., on or before February 17, 2017). Plaintiff's expert report is due by 4/3/2017. Defendants' expert report is due by 5/5/2017. Parties shall complete all discovery relating to experts, including depositions, on or before 5/31/2017. Dispositive motions must be filed by 6/30/2017. Trial Ready Deadline is 10/4/2017. Jury Trial set for 10/11/2017 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge David E. Peebles on 10/17/2016. (sal, )
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Set Hearings: A Status Telephone Conference is set for 1/26/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
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***Answer due date updated for defendants COUNTY OF RENSSELAER,HUDSON VALLEY COMMUNITY COLLEGE, WENDY A. MEEHAN f/k/a WENDY A. HUDY, ALEXANDER J. POPOVICS, HUDSON VALLEY COMMUNITY COLLEGE DEPARTMENT OF PUBLIC SAFETY, and AMANDA J. MILLER-KALBFIESH - answer due 11/3/2016. (sal)
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Filing 38
Joint Letter Motion requesting newly proposed schedule for this action be approved by the court submitted to Magistrate Judge David E. Peebles . (D'Antonio, Thomas) Modified on 10/17/2016 to change from a civil case management plan to a letter motion (sal).
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Filing 37
AMENDED COMPLAINT filed by Michaela Bied. Cover letter to Hon. David E. Peebles.. (Attachments: #1 Proposed Amended Pleading Amended Complaint, #2 Affidavit Certificate of Service)(Smith, Youel) Modified on 10/17/2016 to indicate this is an amended complaint and not an amended document (sal ).
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 10/11/2016 re #33 Motion for an Extension of Time to File an Amended Complaint and Join Additional Parties by Michaela Bied. After hearing oral argument from counsel, Magistrate Judge Peebles GRANTS plaintiff's motion for leave to file an Amended Complaint and DENIES plaintiff's motion for leave to join additional parties. An order memorializing this bench decision will be issued shortly. Plaintiff's counsel is directed to file an Amended Complaint by 10/21/2016. Defendants' counsel is directed to file an answer within twenty-one days of the filing of the Amended Complaint. A discussion with counsel is held off the record regarding the status of this matter. Parties are directed to file a jointly proposed schedule, on or before 10/14/2016, for new deadlines to be put in place. APP: Matthew Hug, Esq., Youel Smith, III, Esq., and Thomas D'Antonio, Esq.. (Court Reporter Eileen McDonough). (sal)
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Filing 36
RESPONSE in Opposition re #33 First MOTION for Extension of Time to Amend ComplaintFirst MOTION for Joinder of Defendants filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Exhibit(s) A-H, #2 Memorandum of Law in Opposition, #3 Certificate of Service)(D'Antonio, Thomas)
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CLERK'S CORRECTION OF DOCKET ENTRY - Clerk replaced attachment 3 of document #33 Motion with redacted version re birth dates. (sfp, )
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Filing 35
TEXT ORDER granting #34 Letter Request. The Motion Hearing regarding Plaintiff's Motion #33 for an Extension of Time to Amend Complaint and Motion for Leave to File an Amended Complaint to Join Additional Parties set for 10/12/2016 at 10:30 AM is rescheduled to 10/11/2016 at 2:30 PM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. Defendants' Response to this motion remains due by 9/28/2016. Authorized by Magistrate Judge David E. Peebles on 9/15/16. (sal)
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Filing 34
Letter Motion from Matthew C Hug for Michaela Bied requesting adjournment of oral argument submitted to Judge David Peebles . (Hug, Matthew)
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TEXT NOTICE of Hearing on Motion #33 for Extension of Time to Amend Complaint and Motion for Leave to File an Amended Complaint to Join Additional Parties: Defendants' Response to Motion is due to be filed on or before 9/28/2016. A Motion Hearing is set for 10/12/2016 at 10:30 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES BY COUNSEL ARE REQUIRED. (sal )
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Filing 33
First MOTION for Extension of Time to Amend Complaint, First MOTION for Joinder of Defendants filed by Michaela Bied. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Memorandum of Law, #15 certificate of service, #16 cover letter) Motions referred to David E. Peebles. (Hug, Matthew) (Attachment 3 replaced on 9/19/2016) (sfp, ).
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/9/2016. Plaintiff's counsel requests to amend the complaint to add three additional parties and defendants' counsel opposes an amendment of the complaint. Magistrate Judge Peebles notes that the deadline to amend and join parties expired back on 1/4/2016. Judge Peebles permits plaintiff's counsel to file a motion for leave to amend the complaint, however, good cause must be shown for such an amendment at this late date. Parties seem to be far apart in their settlement discussions at this time. The telephone conference set for 9/29/2016 at 3:30 PM is cancelled. No new conference is set before Magistrate Judge Peebles. APP: Matthew Hug, Esq., Youel Smith, III, Esq., and Jessica Clemente, Esq.. (sal )
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Filing 32
TEXT ORDER granting #31 Letter Request. A Telephone Conference is set for 9/9/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide all counsel and the court with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 9/8/16. (sal )
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Filing 31
Letter Motion from Youel Smith for Michaela Bied requesting Conference to discuss amendment of complaint. submitted to Judge David E. Peebles . (Smith, Youel)
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Filing 30
TEXT ORDER denying plaintiff's #29 letter request for a conference with the court. Defendants' counsel is directed to respond to plaintiff's #29 letter, on or before 9/9/2016, indicating whether or not they intend to oppose such an amendment of plaintiff's complaint. Authorized by Magistrate Judge David E. Peebles on 9/7/16. (sal )
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Filing 29
Letter Motion from Matthew C. Hug, Esq. for Michaela Bied requesting Conference to discuss amendment of complaint. submitted to Judge David E. Peebles . (Smith, Youel)
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Filing 28
NOTICE of Appearance by Youel C. Smith, III on behalf of Michaela Bied (Smith, Youel)
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TEXT Minute Entry. Parties request the assistance of Judge Peebles regarding the deposition of defendant Hudy. Issue was whether the parents can sit in on the deposition for support to their daughter, plaintiff, Bied. After a brief discussion MJ Peebles stated to the parties that he sees no reason why plaintiff's parents could not sit in on the deposition, and therefore will allow it. APP. Matthew Hug, Esq., and Jessica Clemente. (cam, )
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Set Hearings: A Telephone Conference is set for 9/29/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 6/16/2016. Paper discovery is complete. Parties report that they have taken two days of depositions. More depositions remain to be completed and are scheduled or in the process of being scheduled. Plaintiff's counsel intends to retain an expert. Defendants' counsel anticipates filing a dispositive motion. Judge reminds parties that the deadlines are firm. Settlement is discussed and Judge encourages the parties to discuss settlement further. Next telephone conference is set for 9/29/2016 at 3:30 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Matthew Hug, Esq., and Thomas D'Antonio, Esq. (sal )
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Filing 27
TEXT ORDER granting #26 Letter Request. The fact discovery deadline is extended to 7/18/2016. The expert disclosure schedule is also extended as follows: plaintiff's expert report is due by 8/1/2016, defendants' expert report is due by 9/1/2016, and completion of expert deposition is due by 10/10/2016. All other deadline remain the same, which includes dispositive motions to be filed by 11/4/2016, trial ready deadline of 3/1/2017, and the Jury Trial set for 3/14/2017 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Authorized by Magistrate Judge David E. Peebles on 6/3/16. (sal )
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Filing 26
Letter Motion from Jessica N. Clemente for County of Rensselaer, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics requesting Extension/Modification of the Scheduling Order submitted to Judge Peebles . (Clemente, Jessica)
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Filing 25
***SEALED DOCUMENT: The affidavits of defendants Alexander J. Popovics, Amanda J. Miller-Kalbfiesh, Wendy A. Hudy ("Meehan"), together with Stephen A. Pechenik, County Attorney for the County of Rensselaer, James J. LaGatta, Vice President for Administration at Hudson Valley Community College, and the affidavit of Thomas S. D'Antonio, Esq., are filed under seal. (sal) (Additional attachment(s) added on 4/12/2016: #1 Amanda Miller-Kalbfliesh, #2 Alexander J. Popovics, #3 Stephen A. Pechenik, #4 James J. LaGatta, #5 Thomas S. D'Antonio, Esq.) (sal, ).
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Filing 24
ORDER Approving Defendants' Waiver of Potential Conflict. The affidavits of defendants Alexander J. Popovics, Amanda J. Miller-Kalbfiesh, Wendy A. Hudy ("Meehan"), together with Stephen A. Pechenik, County Attorney for the County of Rensselaer, James J. LaGatta, Vice President for Administration at Hudson Valley Community College, who are jointly represented in the case by Thomas S. D'Antonio, Esq. and Jessica N. Clemente, and the affidavit of Thomas S. D'Antonio, Esq., all of which were submitted pursuant to the courts order dated March 17, 2016, and contain sensitive and attorney-client privileged matters, shall be filed by the court under seal. Signed by Magistrate Judge David E. Peebles on 4/12/16. (sal )
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Filing 23
ORDER regarding potential conflict of joint representation of defendants. If, after being informed in writing of the potential or actual conflict, any defendant wishes to retain separate counsel, it should notify the Court within twenty (20) days of the date of this order of the identity of counsel that will represent the party. In the event that the defendants wish to proceed while being represented by their current counsel, affidavits shall be submitted to the court, directly to Chambers, within twenty (20) days of the date of this order for filing under seal. Signed by Magistrate Judge David E. Peebles on 3/17/16. (sal)
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Filing 22
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on March 10, 2016. Total Hours Spent by Mediator: 9.25; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Murad, John)
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ADR COMPLETED - Case did not settle. (nmk)
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Set Hearings: A Telephone Conference is set for 6/16/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal)
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/18/2016. Both parties have served and responded to discovery demands. Some discovery documents still need to be produced by defendants' counsel before the mediation occurs, which is currently scheduled for 3/10/2016. Parties anticipate taking a total of approximately eight depositions. Expert retention is still contemplated. Settlement has not yet been discussed as the parties are awaiting the mediation session. Next telephone conference is set for 6/16/2016 at 3:30 PM. Defendants' counsel is directed to initiate the call to Chambers. APP: Matthew Hug, Esq., and Thomas D'Antonio, Esq.. (sal)
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Filing 21
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that John L. Murad has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Matthew C. Hug and Jessica N. Clemente. Dated: 01/05/2016(Clemente, Jessica)
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Filing 20
TEXT ORDER granting #19 Letter Request. Deadline for Mediator Selection is extended until 1/11/2016. Authorized by Magistrate Judge David E. Peebles on 1/5/16. (sal)
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Filing 19
Letter Motion for County of Rensselaer, County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics requesting Extension of Time to Select a Mediator submitted to Judge Peebles . (Clemente, Jessica)
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Filing 18
TEXT ORDER Regarding Selection of the Mediator: The deadline for the parties to file the Stipulation Selecting a Mediator has expired. The Court hereby extends the deadline to select a mediator to January 4, 2016. If a stipulation selecting a mediator is not filed by Monday, January 4, 2016 the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Court's Mediator listing and shall issue a text notice notifying the parties of the Mediator's identity. Any questions regarding selection of a mediator should be directed to: Nicole Eallonardo, ADR Administrator, at 315-234-8563. Authorized by Magistrate Judge David E. Peebles on 12/17/2015. (nmk)
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Filing 17
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 5 days. Preferred Trial Location: Albany. Joinder of Parties due by 1/4/2016. Amended Pleadings due by 1/4/2016. Mandatory mediation deadline is set for 4/30/2016. Fact Discovery due by 6/3/2016. Plaintiff's expert report is due by 7/1/2016. Defendants' expert report is due by 8/1/2016. Completion of expert depositions is due by 9/16/2016. Motions to be filed by 11/4/2016. Trial Ready Deadline is 3/1/2017. Jury Trial set for 3/14/2017 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge David E. Peebles on 11/17/15. (sal)
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Filing 16
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 12/15/2015. Deadline for completion of Mandatory Mediation is 4/30/2016. Signed by Magistrate Judge David E. Peebles on 11/17/15. (sal )
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Set Hearings: A Telephone Conference is set for 2/18/2016 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 11/17/2015. A text order will be issued to substitute Wendy A. Meehan as a defendant who is formerly known as Wendy A. Hudy. Mandatory disclosures have been exchanged. Initial written discovery demands must be served by 12/11/2015. Joinder and amendment deadlines are set for 1/4/2016. Mandatory mediation deadline is set for 4/30/2016. Fact discovery deadline is set for 6/3/2016. Plaintiff's expert report is due by 7/1/2016. Defendants' expert report is due by 8/1/2016. Completion of expert depositions is due by 9/16/2016. Dispositive motion filing deadline is set for 11/4/2016. Trial ready deadline is set for 3/1/2017. Jury trial is set for 3/14/2017 before Senior District Judge McAvoy in Albany and is expected to last 5 days. Next telephone conference is set for 2/18/2016 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Matthew Hug, Esq., and Thomas D'Antonio, Esq.. (sal)
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Filing 15
TRANSCRIPT of Proceedings: Judge's Decision held on 10/23/2015 before Judge McAvoy, Court Reporter/Transcriber: Vicky A. Theleman, Telephone number: 607-773-2644. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2015. Redacted Transcript Deadline set for 12/14/2015. Release of Transcript Restriction set for 2/11/2016. Notice of Intent to Redact due by 11/18/2015 (vat, )
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Filing 14
CIVIL CASE MANAGEMENT PLAN by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (D'Antonio, Thomas)
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Reset Deadlines/Hearings: An IN-PERSON Initial Conference is set for 11/17/2015 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/10/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal)
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Filing 13
TEXT ONLY ORDER denying Pltf's #10 Motion to Remand to State Court in all respects in accordance w/ this Court's bench decision rendered on 10/23/2015; SO ORDERED - Authorized on 10/26/2015 by Sr. District Judge Thomas J. McAvoy (cml)
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Minute Entry: MOTION CALENDAR held 10/23/2015 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: Matthew Hug, Esq. for Pltf; Thomas D'Antonio, Esq. for Defts; CR: V. Theleman; CRD/cml. Pltf's #10 First MOTION to Remand to State Court - DENIED; Court to issue text order. (cml) [ 10:00a - 10:30a ]
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TEXT NOTICE to parties advising that the pending motion for 10/23/15 will hear ORAL ARGUMENT at 10 AM in Binghamton before Judge McAvoy. (sfp, )
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Filing 12
RESPONSE in Opposition re #10 First MOTION to Remand to State Court filed by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics. (Attachments: #1 Memorandum of Law in Opposition, #2 Certificate of Service)(D'Antonio, Thomas)
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Filing 11
TEXT ORDER : Due to the recently filed #10 motion to remand to state court, the in person Rule 16 Conference set for 10/5/2015 at 9:30 AM in Syracuse is adjourned without date. The deadline for filing the Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 9/21/15. (sal)
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Filing 10
First MOTION to Remand to State Court Motion Hearing set for 11/9/2015 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 10/23/2015 Reply to Response to Motion due by 10/29/2015. filed by Michaela Bied. (Attachments: #1 Affirmation, #2 Memorandum of Law, #3 certificate of service) (Hug, Matthew)
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TEXT NOTICE of Hearing on Motion: Pltf's #10 MOTION to Remand to State Court is placed on Judge McAvoy's 10/23/15 Motion Calendar at 10 AM in Binghamton. Response to Motion due by 10/6/2015. Reply to Response to Motion due by 10/13/2015. (sfp, )
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Filing 9
CERTIFICATE OF SERVICE by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics re #8 Answer to Complaint, (D'Antonio, Thomas)
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Filing 8
AMENDED ANSWER to Complaint by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics.(D'Antonio, Thomas)
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Filing 7
NOTICE of Appearance by Jessica N. Clemente on behalf of County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics (Clemente, Jessica)
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Filing 6
CERTIFICATE OF SERVICE by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics re #5 Answer to Complaint, (D'Antonio, Thomas)
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Filing 5
ANSWER to Complaint by County of Rensselaer, County of Rensselaer(as sponsor of Hudson Valley Community College), Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, Amanda J. Miller-Kalbfiesh, Alexander J. Popovics.(D'Antonio, Thomas)
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CLERK'S CORRECTION OF DOCKET ENTRY: The clerk corrected the docket to reflect that the correct spelling of the Plaintiff's last name is Bied and not Beid. (rep)
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***Answer due date for the named defendants: Answer due August 27, 2015. (rep)
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Filing 4
NOTICE: Of Admission Requirement as to the defendants: Attorney Jessica N. Clemente's phone number is: (585) 454-0700. Admission paperwork is due by 9/3/2015. (rep)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/5/2015 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/28/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep)
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Filing 2
STATE COURT COMPLAINT: Filed by Michaela Bied against all defendants. Originally filed in State of New York Supreme Court County of Rensselaer on July 31, 2015, case no. 00250747. (rep)
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Filing 1
NOTICE OF REMOVAL: From State of New York Supreme Court County of Rensselaer, case number 00250747. Notice of Removal filed by Defendants County of Rensselaer, Hudson Valley Community College, Hudson Valley Community College Department of Public Safety, Wendy A. Hudy, and County of Rensselaer(as sponsor of Hudson Valley Community College). (Filing fee $400 receipt number 0206-3387954). (Attachments: #1 Exhibit A - Index, #2 Exhibit B - State Court Summons, Complaint, and Notice, #3 Civil Cover Sheet)(rep)
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