Lavery v. New York State Office of Information Technology Services et al
| Lavery and Benny Lavery |
| New York State Office of Information Technology Services, Marie Hamlin, Raymond Cherry and Nancy Mulholland |
| 1:2016cv01551 |
| December 30, 2016 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Frederick J Scullin |
| Daniel J Stewart |
| Civil Rights: Jobs |
| 29 U.S.C. § 626 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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Filing 48
STIPULATION and ORDER DISMISSING CASE with prejudice and without damages, fees and costs. Signed by Senior Judge Frederick J. Scullin, Jr on 8/23/2018. (bjw, )
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| Filing 47 STIPULATION of Dismissal by Benny Lavery submitted to Judge Scullin. (Hoke, John) |
| Filing 46 NOTICE of Appearance by Gregory J. Rodriguez on behalf of Raymond Cherry, Marie Hamlin, Nancy Mulholland (Rodriguez, Gregory) |
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Filing 45
PROTECTIVE ORDER. Signed by Magistrate Judge Daniel J. Stewart on 6/4/2018. (mab)
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Filing 44
TEXT ORDER: On May 31, 2018, Defendants filed a Letter Request, with the consent of Plaintiff, seeking an extension of the deadlines in this matter. Dkt. No. #42 . Based upon the reasons set forth in Defendants' submission and upon the consent of the parties, the request is GRANTED and the Scheduling Order is amended as follows: 1) Discovery to be completed by September 14, 2018; 2) Dispositive motions to be filed by November 16, 2018; and 3) All other provisions of the Uniform Pretrial Scheduling Order previously issued remain in effect. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/4/2018. (mab)
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| Filing 43 Letter Motion from AAG Pederson for Raymond Cherry, Marie Hamlin, Nancy Mulholland requesting Protective Order be So-Ordered submitted to Judge Stewart . (Attachments: #1 Proposed Protective Order)(Pederson, Helena) |
| Filing 42 Letter Motion from AAG Pederson for Raymond Cherry, Marie Hamlin, Nancy Mulholland requesting an Extension of the Discovery Deadline submitted to Judge Stewart . (Pederson, Helena) |
| Filing 41 STATUS REPORT by Benny Lavery. (Hoke, John) |
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Filing 40
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on September 12, 2017. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/15/2017. (dpk)
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Filing 39
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial is 5 days. Preferred Trial Location is Albany. Joinder of Parties due by 12/15/2017. Amended Pleadings due by 12/15/2017. Parties have opted out of Mandatory Mediation. Discovery due by 7/2/2018. Motions to be filed by 9/7/2018. Trial Ready Deadline is 9/7/2018. Status Report due by 12/15/2017. Signed by Magistrate Judge Daniel J. Stewart on 9/15/2017. (dpk)
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| Filing 38 NOTICE of Appearance by Helena O. Pederson on behalf of Raymond Cherry, Marie Hamlin, Nancy Mulholland (Pederson, Helena) |
| Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 9/12/2017. Appearances: John Hoke for Plaintiff; Rachel Kish and Helena Pederson for Defendants. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Initial disclosures have been exchanged. The review of personnel files is discussed; Court directs plaintiff and defendant to work among themselves to resolve issues; parties may seek Court intervention with remaining issues. Parties opt out of Mandatory Mediation. Scheduling Order deadlines are set. A Uniform Pretrial Scheduling Order will be issued. (dpk) |
| Filing 37 CIVIL CASE MANAGEMENT PLAN by Benny Lavery. (Hoke, John) |
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Filing 36
TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for September 12, 2017 at 9:30 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before August 29, 2017. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/22/2017. (mab)
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| Filing 35 CERTIFICATE OF SERVICE by Raymond Cherry, Marie Hamlin, Nancy Mulholland re #34 Answer to Amended Complaint (Kish, Rachel) |
| Filing 34 ANSWER to #20 Amended Complaint by Raymond Cherry, Marie Hamlin, Nancy Mulholland.(Kish, Rachel) |
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Filing 33
TEXT ORDER: In light of the #32 Stipulation and Order, Defendants are directed to file an Answer to Plaintiff's #20 Amended Complaint on or before May 22, 2017. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr. on 4/21/2017. (nmk)
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Filing 32
STIPULATION AND ORDER: Approving the #31 Stipulation. Defendant's #22 Motion to Dismiss is withdrawn, all claims against Defendant New York State Office of Information Technology Services are dismissed with prejudice and all claims against Defendants Mulholland, Hamlin and Cherry, regarding allegations occurring prior to 12/30/2013, are dismissed with prejudice. Signed by Senior Judge Frederick J. Scullin, Jr. on 4/21/2017. (nmk)
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| Filing 31 Letter Motion from Rachel Maman Kish for Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services requesting that the stipulation resolving the currently pending motion to dismiss be so-ordered submitted to Judge Scullin . (Attachments: #1 Proposed Order/Judgment stipulation)(Kish, Rachel) |
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Filing 30
TEXT ORDER: Granting the #29 Letter requesting a second extension of time to respond to the #22 Motion to Dismiss. Response to Motion due by 4/24/2017. Reply to Response to Motion due by 5/1/2017. Motion Hearing is reset for 5/12/2017 ON SUBMIT before Senior Judge Frederick J. Scullin, Jr. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr. on 4/17/2017. (nmk)
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| Filing 29 Letter Motion from Meredith A. Moriarty for Benny Lavery requesting an extension submitted to Judge Scullin . (Moriarty, Meredith) |
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Filing 28
TEXT ORDER: Granting the #27 Letter requesting an extension of time to respond to the #22 Motion to Dismiss. Response to Motion due by 4/17/2017. Reply to Response to Motion due by 4/24/2017. Motion Hearing remains set for 4/28/2017 ON SUBMIT with no appearances necessary. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr. on 4/11/2017. (nmk)
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| Filing 27 Letter Motion from Meredith A. Moriarty for Benny Lavery requesting An extension submitted to Judge Scullin . (Moriarty, Meredith) |
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Filing 26
TEXT ORDER: On March 28, 2017, Defendants filed a Letter Request, with the consent of Plaintiff, seeking to adjourn the Rule 16 Initial Conference pending a decision on the dispositive motion. Dkt. No. #25 . The request is GRANTED and the Rule 16 Initial Conference scheduled for April 10, 2017 before the undersigned and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/29/2017. (mab)
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| Filing 25 Letter Motion from Rachel Maman Kish for Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services requesting adjournment of initial conference, proposed Civil Case Management Plan, and Mandatory Disclosures pending determination of defendants' motion to dismiss submitted to Judge Stewart with plaintiff counsel's consent. (Kish, Rachel) |
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Filing 24
TEXT ORDER: Granting the #21 letter requesting to withdraw the #14 motion to dismiss. Defendants' #22 motion to dismiss is now the only pending motion. The Court further notes that the motion hearing on the #22 motion to dismiss will be ON SUBMIT with no appearances necessary. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr. on 3/27/2017. (nmk)
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| Filing 23 CERTIFICATE OF SERVICE by Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services re #22 MOTION to Dismiss for Failure to State a Claim (re: 1st Amended Complaint) (Kish, Rachel) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim (re: 1st Amended Complaint) Motion Hearing set for 4/28/2017 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 4/11/2017 Reply to Response to Motion due by 4/17/2017. filed by Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services. (Attachments: #1 Memorandum of Law) (Kish, Rachel) |
| Filing 21 Letter Motion from Rachel Maman Kish for Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services requesting withdrawal of motion to dismiss complaint and stating intent to respond to amended complaint submitted to Judge Stewart . (Kish, Rachel) |
| Filing 20 AMENDED COMPLAINT against All Defendants filed by Benny Lavery.(Moriarty, Meredith) |
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Filing 19
TEXT ORDER: Granting the #18 Letter Motion requesting an extension of the deadlines regarding the #14 Motion to Dismiss. However, the Court has modified the dates requested as follows: Response to Motion due by 4/11/2017. Reply to Response to Motion due by 4/17/2017. Motion Hearing is reset for 4/28/2017 ON SUBMIT before Senior Judge Frederick J. Scullin Jr. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr. on 2/24/2017. (nmk)
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| Filing 18 Letter Motion from Meredith A. Moriarty for Benny Lavery requesting An extension submitted to Judge Scullin . (Moriarty, Meredith) |
| Filing 17 CERTIFICATE OF SERVICE by Benny Lavery (Moriarty, Meredith) |
| Filing 16 NOTICE of Appearance by Meredith A. Moriarty on behalf of Benny Lavery (Moriarty, Meredith) |
| Filing 15 CERTIFICATE OF SERVICE by Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services re #14 MOTION to Dismiss for Failure to State a Claim (Kish, Rachel) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 3/24/2017 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 3/7/2017 Reply to Response to Motion due by 3/13/2017. filed by Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services. (Attachments: #1 Memorandum of Law) (Kish, Rachel) |
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Filing 13
TEXT ORDER: On January 25, 2017, Defendants filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to respond to the Complaint in this matter. Dkt. No. #10 . The request is GRANTED and Defendants shall file their response on or before February 24, 2017. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/26/2016. (mab)
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| Filing 12 Amended Letter Motion from Rachel Maman Kish for Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services requesting extension submitted to Judge Stewart . (Kish, Rachel) |
| Filing 11 CERTIFICATE OF SERVICE by Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services re #10 Letter Motion from Rachel Maman Kish for Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services requesting extension of defendants' time within which to respond to plaintiff's compl, #9 Notice of Appearance (Kish, Rachel) |
| Filing 10 Letter Motion from Rachel Maman Kish for Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services requesting extension of defendants' time within which to respond to plaintiff's complaint submitted to Judge Stewart . (Kish, Rachel) |
| Filing 9 NOTICE of Appearance by Rachel M. Kish on behalf of Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services (Kish, Rachel) |
| ***Answer due date updated for Raymond Cherry answer due 1/31/2017; Marie Hamlin answer due 1/31/2017; Nancy Mulholland answer due 1/31/2017; New York State Office of Information Technology Services answer due 1/30/2017. (hmr) |
| Filing 8 AFFIDAVIT of Service for Affidavit of Service served on Nancy Mulholland on January 10, 2017, filed by Benny Lavery. (Hoke, John) |
| Filing 7 AFFIDAVIT of Service for Affidavit of Service served on Marie Hamlin on January 10, 2017, filed by Benny Lavery. (Hoke, John) |
| Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Raymond Cherry on January 10, 2017, filed by Benny Lavery. (Hoke, John) |
| Filing 5 AFFIDAVIT of Service for Affidavit of Service served on New York State Office of Information Technology Services on January 9, 2017, filed by Benny Lavery. (Hoke, John) |
| Filing 4 Summons Reissued as to New York State Office of Information Technology Services. [Reissued a corrected summons to correct the defendant's name - was New York State Office of Information and Technology Services in the previous filed summonses - the "and" is removed in this summons.] (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/10/2017 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/3/2017. (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) |
| Filing 2 Summons Issued as to Raymond Cherry, Marie Hamlin, Nancy Mulholland, and New York State Office of Information Technology Services. (Attachments: #1 Summons Issued as to Nancy Mulholland, #2 Summons Issued as to NYS Office of Information and Technology Services, #3 Summons Issued as to Raymond Cherry)(rep) |
| Filing 1 COMPLAINT WITH JURY DEMAND: Against Raymond Cherry, Marie Hamlin, Nancy Mulholland, New York State Office of Information Technology Services (Filing fee $400 receipt number 0206-3888352) filed by Benny Lavery. (Attachments: #1 Civil Cover Sheet)(rep) |
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