Sheridan et al v. City of Schenectady et al
| Ronald Sheridan and Denise Sheridan |
| Jonathan Moore, Derek Sherman, John Does 1-12, Eric Clifford, Kevin Derkoski, City of Schenectady and Kevin Derkowski |
| 1:2018cv00021 |
| January 4, 2018 |
| US District Court for the Northern District of New York |
| Albany Office |
| Schenectady |
| Mae A D'Agostino |
| Christian F Hummel |
| Gary L Sharpe |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.
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Filing 83
ORDER DISMISSING CASE. Signed by U.S. District Judge Mae A. D'Agostino on 2/16/22. (ban)
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| Filing 82 STIPULATION of Dismissal by City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman submitted to Judge D'Agostino. (Christiano, Brienna) |
| Filing 81 TEXT ORDER granting #80 Letter Motion from Michael J. Murphy requesting Extension of Time to File Stipulation of Dismissal: It is hereby ORDERED that the joint request for an extension of time to file a stipulation of dismissal is GRANTED; The stipulation of dismissal shall be filed on or before 2/11/22. Signed by U.S. District Judge Mae A. D'Agostino on 2/3/22. (ban) |
| Filing 80 Letter Motion from Michael J. Murphy for City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman requesting Extension of Time to File Stipulation of Dismissal submitted to Judge D'Agostino . (Murphy, Michael) |
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Filing 79
Stipulation and ORDER granting #78 Stipulation filed by Ronald Sheridan, Denise Sheridan. Signed by U.S. District Judge Mae A. D'Agostino on 1/20/22. (ban)
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| TEXT NOTICE CANCELLING FINAL PRETRIAL CONFERENCE: The Final Pretrial Conference set for 1/24/22 at 9:30 a.m. is CANCELLED. (ban) |
| Filing 78 STIPULATION re #65 Amended Complaint partially withdrawing claims by Denise Sheridan, Ronald Sheridan submitted to Judge D'Agostino. (Frost, Arthur) |
| Set Deadlines: Stipulation of Discontinuance/Status Report due by 1/28/2022. (ban) |
| Filing 77 JURY TRIAL NOTICE: The Jury Trial is set for 2/1/2022 at 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino; The Final Pretrial Conference is set for 1/24/2022 at 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino; Pretrial Submissions/Motions in Limine due by 1/18/2022. Response(s), if any, to motions in limine due by 1/25/22. (ban) |
| TEXT Minute Entry for Telephone Pretrial Conference held on 10/8/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Art Frost, Esq. and Steven Shultz, Esq. for the Plaintiffs; Michael Murphy, Esq. for the defendants; This case is trial ready; Judge D'Agostino addresses counsel with a possible trial date; All parties agree that the trial date of Tuesday, February 1, 2021 at 9:30 a.m. will work; Counsel advise the Court that the trial will take less than 2 weeks; Counsel are directed to advise their clients and witnesses ASAP of this trial date; Counsel are encouraged to stipulate to as much evidence as possible; Motions in limine should be made, before the start of the trial; A scheduling order will be issued, which will include all pretrial submission deadlines. (Court Reporter Theresa Casal, CRD Britney Norton [Time 9:04 a.m. - 9:15 a.m.]) (ban) |
| Filing 76 NOTICE by Denise Sheridan, Ronald Sheridan (Frost, Arthur) |
| Filing 75 TEXT TRIAL ORDER: This case is deemed trial ready. The Court strongly encourages lead counsel to permit young lawyers to examine witnesses at trial and to have an important role. It is the way one generation will teach the next to try cases and maintain our district's reputation for excellence in trial practice. Signed by U.S. District Judge Mae A. D'Agostino on 9/30/21. (ban) |
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Filing 74
ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Mae A. D'Agostino for all further proceedings. Senior Judge Gary L. Sharpe no longer assigned to case. Signed by Senior Judge Gary L. Sharpe on 9/17/2021. (jel, )
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Filing 73
TEXT ONLY ORDER granting #72 Letter Motion from Michael Murphy for City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman requesting Notice of Appeal Withdrawal. Issued by Senior Judge Gary L. Sharpe on 9/17/2021. (jel, )
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| Filing 72 Letter Motion from Michael Murphy for City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman requesting Notice of Appeal Withdrawal submitted to Judge Sharpe . (Murphy, Michael) |
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Filing 71
Text Only Order - In March 2019, plaintiffs filed a notice of appeal, purportedly to Second Circuit Court of Appeals, which was transmitted to the Court of Appeals by this court. (Dkt. Nos. 27, 28.) According to the Second Circuit's filing system, there is no record of an appeal filed from this case, and, indeed, it seems that the appeal should have been submitted to the District Court. The parties are directed to file a status report advising whether the appeal issue has been resolved with the filing of amended pleadings and Magistrate Judge Hummel deeming this case trial ready or if the appeal remains outstanding on or before Thursday, September 16, 2021. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/14/2021. (jel, )
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| Filing 70 STATUS REPORT regarding trial availability by Denise Sheridan, Ronald Sheridan. (Frost, Arthur) |
| ADR COMPLETED - Case did not settle. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinators. (nmk) |
| Filing 69 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 3/4/2021. Total Hours Spent by Mediator: 6.5; 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. (O'Connor, Terence) |
| Filing 68 CERTIFICATE OF SERVICE by City of Schenectady, Eric Clifford, Kevin Derkowski, John Does 1-12, Jonathan Moore, Derek Sherman re #67 Answer to Amended Complaint (Murphy, Michael) |
| Filing 67 Defendants' ANSWER to #65 Amended Complaint by City of Schenectady, Eric Clifford, Kevin Derkowski, John Does 1-12, Jonathan Moore, Derek Sherman.(Murphy, Michael) |
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Filing 66
TEXT ORDER granting #63 Letter Request from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting permission to amend complaint.[Defendants' answer due 1/8/2021]. Authorized by Magistrate Judge Christian F. Hummel on 12/21/2020. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 12/21/2020. Appearances by Art Frost, Esq. and Steven Schultz, Esq. for plaintiff; Mike Murphy, Esq. for Defendants. Defendant has no objection to the amended complaint to be filed and plaintiff is directed to file the clean, amended complaint. Defendant will answer the amended complaint by 1/8/2021. After the answer is filed and as all deadlines have past, the Court advises parties that this case is deemed trial ready. (tab) |
| Filing 65 AMENDED COMPLAINT against City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman filed by Ronald Sheridan, Denise Sheridan.(Frost, Arthur) |
| Filing 64 COURT NOTICE of Conference: A Telephone Conference has been set for Monday, 12/21/2020 @ 11:00 AM before Magistrate Judge Christian F. Hummel. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call.(tab) |
| Filing 63 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting permission to amend complaint submitted to Judge Hummel . (Attachments: #1 proposed amended complaint, #2 stipulation)(Frost, Arthur) |
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Filing 62
TEXT ORDER TO STRIKE re #61 Amended Complaint filed by Ronald Sheridan, Denise Sheridan. The Amended Complaint is STRICKEN as it is untimely filed and filed without leave of the Court. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 12/9/2020. (tab)
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| Filing 61 AMENDED COMPLAINT against City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman filed by Ronald Sheridan, Denise Sheridan.(Frost, Arthur) |
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Filing 60
TEXT ORDER granting #59 Letter Request from Michael J. Murphy, Esq. for City of Schenectady, Eric Clifford, Kevin Derkowski, John Does 1-12, Jonathan Moore, Derek Sherman requesting Brief Extension of Discovery. Discovery extended and now due by 10/24/2020. Motions to be filed by 12/10/2020. Authorized by Magistrate Judge Christian F. Hummel on 8/21/2020. (tab)
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| Filing 59 Letter Motion from Michael J. Murphy, Esq. for City of Schenectady, Eric Clifford, Kevin Derkowski, John Does 1-12, Jonathan Moore, Derek Sherman requesting Brief Extension of Discoery submitted to Judge Hummel . (Murphy, Michael) |
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Filing 58
ORDER Approving #57 Stipulation filed by Kevin Derkowski, Jonathan Moore, City of Schenectady, Eric Clifford, Derek Sherman. Signed by Magistrate Judge Christian F. Hummel on 7/13/2020. (tab)
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Filing 57
STIPULATION and Order for Virtual Depositions by City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman submitted to Judge Hummel. (Murphy, Michael)
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Filing 56
TEXT ORDER re #55 Letter Request from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting extension of deadlines: As per the Text Order issued on 3/18/2020, Dkt.No. 54, resetting the Discovery deadline, the deadline for filing of Dispositive Motions was also reset and remains currently set for 10/10/2020. Authorized by Magistrate Judge Christian F. Hummel on 7/8/2020. (tab)
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| Filing 55 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting extension of deadlines submitted to Judge Hummel . (Frost, Arthur) |
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Filing 54
TEXT ORDER granting #53 Letter Request from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting adjournment of depositions. Deadlines in this case are reset: All Discovery due by 8/11/2020. Dispositive Motions to be filed by 10/10/2020. Authorized by Magistrate Judge Christian F. Hummel on 3/18/2020. (tab)
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| Filing 53 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting adjournment of depositions submitted to Judge Hummel . (Frost, Arthur) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Conference held on 3/3/2020. Appearances by Steven P. Shultz, Esq. for plaintiff; Michael J. Murphy, Esq. for Defendants. Outstanding discovery issues are addressed. Counsel set tentative dates for party and non-party depositions while in conference. Case deadlines remain as currently set. (tab) |
| Filing 52 NOTICE by City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman CONSENT TO CHANGE ATTORNEY TO BARCLAY DAMON FOR DEFENDANTS CITY OF SCHENECTADY, CLIFFORD, DERKOWSKI, MOORE & SHERMAN (Murphy, Michael) |
| Filing 51 RESPONSE TO LETTER BRIEF filed by City of Schenectady, Eric Clifford, Kevin Derkowski, John Does 1-12, Jonathan Moore, Derek Sherman as to 50 Order on Letter Request, Dkt. 49. (Christiano, Brienna) |
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Filing 50
TEXT ORDER granting #49 Letter Request from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting discovery dispute conference. A Discovery Conference has been set for Tuesday, 3/3/2020 @ 9:00 AM in Albany before Magistrate Judge Christian F. Hummel. Defense counsel is directed to file a response to Plaintiff's Dkt. No. 49 on or before 2/28/2020. Authorized by Magistrate Judge Christian F. Hummel on 2/19/2020. (tab)
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| Filing 49 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting discovery dispute conference submitted to Judge Hummel . (Frost, Arthur) |
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Filing 48
ORDER Resetting deadlines: Discovery due by 5/11/2020, Dispositive Motions to be filed by 7/10/2020. Authorized by Magistrate Judge Christian F. Hummel on 12/18/2019. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 12/13/2019. Appearances by Art Frost and Steven Shultz, Esqs. for plaintiff; Michael Murphy, Esq. for Defendants. Issues regarding discovery and depositions are discussed and addressed with the Court. Deadline are extended. (tab) |
| Filing 47 RESPONSE TO LETTER BRIEF filed by City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman as to 45 Order on Letter Request, . (Murphy, Michael) |
| Filing 46 COURT NOTICE of Change in Hearing Date and Time: The Discovery Hearing has been reset for Friday, 12/13/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (tab) |
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Filing 45
TEXT ORDER granting #43 Letter Request from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting discovery dispute conference. A Discovery Hearing has been set for 12/10/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Defendants are directed to file a response to Plaintiff's letter request, Dkt. No. 43, by 12/6/2019 . Authorized by Magistrate Judge Christian F. Hummel on 11/26/2019. (tab)
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| Filing 44 NOTICE of Appearance by Steven P. Shultz on behalf of All Plaintiffs (Shultz, Steven) |
| Filing 43 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting discovery dispute conference submitted to Judge Hummel . (Attachments: #1 Exhibit(s) email correspondence)(Frost, Arthur) |
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Filing 42
ORDER: It is Ordered that (1) Plaintiffs request for copies of the defendants training files is DENIED as nothing contained within those files is the proper subject of discovery pursuant to the Federal Rules of Civil Procedure; (2) Plaintiffs request for the personnel files of defendants Clifford and Sherman is DENIED as nothing in those files is the proper subject of discovery pursuant to the Federal Rules of Civil Procedure; (3) Plaintiffs request for a copy of defendant Derkowskis personnel file is GRANTED to the limited extent that defendants shall provide plaintiffs with a copy of a two-page Stipulation of Settlement dated February 3, 2009. Defendants shall provide that document to plaintiffs by October 31, 2019. Plaintiffs request for a copy of defendant Derkowskis personnel file is otherwise DENIED.(4) Plaintiffs request for a copy of defendant Moores personnel file is GRANTED to the limited extent that defendants shall provide plaintiffs with a copy of a six-page Stipulation of Agreement dated January 13, 2017. Defendants shall provide that document to plaintiffs by October 31, 2019. Plaintiffs request for a copy of defendant Moores personnel file is otherwise DENIED. Signed by Magistrate Judge Christian F. Hummel on 10/23/19. (kmp)
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Filing 41
TEXT ORDER setting deadlines: Discovery due by 3/9/2020, Motions to be filed by 4/30/2020. Authorized by Magistrate Judge Christian F. Hummel on 10/11/2019. (tab)
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Filing 40
CONFIDENTIALITY ORDER [granting #39 Letter Request]. Signed by Magistrate Judge Christian F. Hummel on 10/11/2019. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 10/11/2019. Appearances by Steve Shultz, Esq. and Arthur Frost, Esq. for Plaintiffs; Brienna L. Christiano, Esq. for defendants. The issue of the confidentiality Order is addressed and the Court issued the Order and sets forth the terms and conditions of the Order on the record, as well. Deadlines for completion of Discovery and Motion filing are extended. Defendants are to provide the personnel files of the Defendants to the Court within 10 days for in camera review. A text Order setting new deadlines will be issued. (Court Reporter Theresa Casal) (tab) |
| Filing 39 Letter Request/ Letter Motion from Brienna L. Christiano, Esq. for City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman requesting review of proposed Confidentiality Agreement submitted to Judge Christian F. Hummel . (Attachments: #1 proposed Confidentiality Agreement)(Christiano, Brienna) |
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Filing 38
TEXT ORDER approving #37 Second Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting keeping conference date/time submitted to Judge Hummel filed by Ronald Sheridan, Denise Sheridan. The 10/11/2019 conference set @ 10:00 am before the undersigned, remains set, as originally scheduled. Authorized by Magistrate Judge Christian F. Hummel on 10/9/2019. (tab)
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| Filing 37 Second Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting keeping conference date/time submitted to Judge Hummel . (Frost, Arthur) |
| Filing 36 Letter Request/ Letter Motion from Brienna L. Christiano, Esq. for City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman requesting adjournment of October 11th conference be scheduled to a later date submitted to Judge Christian F. Hummel . (Christiano, Brienna) |
| Filing 35 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting adjournment of conference submitted to Judge Hummel . (Frost, Arthur) |
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Filing 34
TEXT ORDER granting #32 , and #33 Letter Requests for a Court Conference. A Discovery Conference/Hearing has been set for Friday, 10/11/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 10/2/2019. (tab)
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| Filing 33 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting discovey dispute conference submitted to Judge Hummel . (Frost, Arthur) |
| Filing 32 Letter Request/ Letter Motion from Brienna L. Christiano, Esq. for City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman requesting telephone conference with the Court submitted to Judge Christian F. Hummel . (Christiano, Brienna) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has replaced the #31 Certificate of Service with the correct document as the wrong document was mistakenly filed. (meb) |
| Filing 31 CERTIFICATE OF SERVICE by City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman re #30 Notice of Appearance (O'Bryan, Eric) (Main Document 31 replaced on 4/5/2019 with the correct document) (meb). |
| Filing 30 NOTICE of Appearance by Eric M. O'Bryan on behalf of City of Schenectady, Eric Clifford, Kevin Derkowski, Jonathan Moore, Derek Sherman (O'Bryan, Eric) |
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Filing 29
TEXT ORDER setting deadlines: Discovery due by 11/8/2019, Motions to be filed by 1/15/2020. Authorized by Magistrate Judge Christian F. Hummel on 4/1/2019. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Scheduling Conference held on 3/29/2019. Appearances by Arthur R. Frost, Esq. for Plaintiffs; Michael Murphy, Esq. for Defendants. The Court and parties establish new deadlines. A text Order will be issued resetting deadlines. (tab) |
| Filing 28 ELECTRONIC NOTICE AND CERTIFICATION: sent to US Court of Appeals regarding the #27 Notice of Appeal. (rep) |
| Filing 27 NOTICE OF APPEAL as to #24 Order on Motion for Miscellaneous Relief,,, by Denise Sheridan, Ronald Sheridan. Filing fee $ 505, receipt number BNYNDC-4688770. (Frost, Arthur) |
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Filing 26
TEXT ORDER granting #25 Letter Request from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting conference. A Scheduling Conference has been set for Friday, 3/29/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 3/21/2019. (tab)
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| Filing 25 Letter Motion from Arthur R. Frost for Denise Sheridan, Ronald Sheridan requesting conference date submitted to Judge Hummel . (Frost, Arthur) |
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Filing 24
MEMORANDUM-DECISION AND ORDER: granting in part and denying in part the #13 Motion. It is ORDERED that plaintiffs' motion for leave to amend his Complaint to substitute Sean Clifford, Rayball, Zampella and Verret as John Does # 4, 7, 9, and 12 respectively (Dkt. No. #13 ) is GRANTED IN PART insofar as defendant Kevin Derkoski shall be corrected to Kevin Derkowski; plaintiffs' motion is otherwise DENIED; and it is further ORDERED, that the Clerk of the Court is to amend the caption in this action to reflect the name change from Kevin Derkoski to Kevin Derkowski; and it is further ORDERED, that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with Local Rules. Signed by Magistrate Judge Christian F. Hummel on February 21, 2019. (rep)
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| Filing 23 COURT NOTICE RE: #20 MOTION to Amend/Correct #2 State Court Complaint , #13 MOTION substitute parties (Rule 15) : Motions are considered fully briefed on 6/21/2018 before Magistrate Judge Christian F. Hummel and are taken on submit. No appearance for argument is scheduled unless otherwise directed. (tab) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The clerk replaced Exhibit D of the #20 Motion to Amend/Correct with a redacted version to protect personal identifiers. (rep) |
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Filing 22
TEXT ORDER denying #21 Letter Request for the Court to disregard plaintiffs' reply papers. During the telephonic court conference held on 5/15/2018 in which the briefing schedule for this motion was set, the Court granted Plaintiff permission to file a reply brief on or before 6/11/2018. Authorized by Magistrate Judge Christian F. Hummel on 6/12/2018. (tab)
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| Filing 21 Letter Motion from Michael J. Murphy for City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman requesting Court disregard plaintiffs' reply papers submitted to Judge Christian F. Hummel . (Murphy, Michael) |
| Filing 20 Reply to Response to Motion to Amend/Correct #2 State Court Complaint Motion Hearing set for 6/21/2018 09:00 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/4/2018 filed by Denise Sheridan, Ronald Sheridan. (Attachments: #1 Exhibit(s) Ex. A - criminal court materials, #2 Exhibit(s) Ex. B - FOIL request and response, #3 Exhibit(s) Ex. C - FOIL request and response, #4 Exhibit(s) Ex. D - Rule 26 initial disclosure, #5 Affidavit Denise Sheridan, #6 Affidavit Ronald Sheridan, #7 Affidavit Patrick Anastasi, #8 Memorandum of Law) Motions referred to Christian F. Hummel. (Frost, Arthur) (Attachment 4 replaced on 6/14/2018 - with a redacted version to protect personal identifiers) (rep). |
| Filing 19 CERTIFICATE OF SERVICE by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman re #18 Affidavit in Opposition to Motion, (Christiano, Brienna) |
| Filing 18 AFFIDAVIT in Opposition re #13 MOTION substitute parties (Rule 15) filed by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman. (Attachments: #1 Exhibit(s) A to Attorney Affidavit, #2 Exhibit(s) B to Attorney Affidavit, #3 Exhibit(s) C to Attorney Affidavit, #4 Exhibit(s) D to Attorney Affidavit, #5 Memorandum of Law)(Christiano, Brienna) |
| Filing 17 CERTIFICATE OF SERVICE by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman re #16 Notice of Appearance (Christiano, Brienna) |
| Filing 16 NOTICE of Appearance by Brienna L. Christiano on behalf of City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman (Christiano, Brienna) |
| Filing 15 COURT NOTICE of Amended Briefing Schedule for #13 MOTION substitute parties (Rule 15) : Response to Motion due by 6/4/2018. Plaintiff is permitted to file a Reply to Response to Motion by 6/11/2018. Motion will be considered fully briefed by 6/21/2018 before Magistrate Judge Christian F. Hummel and will be taken on submit, no oral argument is scheduled unless further directed. (tab) |
| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephonic Status Conference held on 5/15/2018. Appearances by Arthur Frost, Esq. for Plaintiffs, Michael Murphy, Esq. for Defendants. Defendants advise the court that they oppose the Motion to Amend and will be filing opposition to the motion by 6/4/2018. The Court allows a reply to be filed by 6/11/2018. (tab) |
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Filing 14
TEXT ORDER finding as moot #12 Letter Request to extend deadline to amend pleading as Plaintiff has filed a Motion to Amend. Since a pre-motion conference had not been requested and Defendants did not have an opportunity to confer with Plaintiff, prior to the filing of the Motion, a Telephone Status Conference has been set for Tuesday, 5/15/2018 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719 and security code 1234 to join the call. Authorized by Magistrate Judge Christian F. Hummel on 5/9/2018. (tab)
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| Filing 13 MOTION substitute parties (Rule 15) Motion Hearing set for 6/21/2018 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/4/2018 filed by Denise Sheridan, Ronald Sheridan. (Attachments: #1 Affirmation, #2 Ex. A - Amended Complaint, #3 Ex. B - Aff. of Service, #4 Ex. C - Aff. of Service, #5 Memorandum of Law) Motions referred to Christian F. Hummel. (Frost, Arthur) |
| Filing 12 Letter Motion from Plaintiffs' counsel for Denise Sheridan, Ronald Sheridan requesting conference submitted to Judge Hummel . (Frost, Arthur) |
| Filing 11 ***SEALED DOCUMENT: Affidavits regarding Joint Representation submitted by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, and Derek Sherman. [Filed under seal in accordance with the Order to Show Cause, Dkt. No. 10.] (tab) (tab, ). |
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Filing 10
ORDER TO SHOW CAUSEWHY DEFENDANTS SHOULD NOT BE COMPELLED TO OBTAIN SEPARATE COUNSEL [compliance deadline: March 7, 2018]. Signed by Magistrate Judge Christian F. Hummel on 2/7/2018. (tab)
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Filing 9
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 4/2/2018. Amended Pleadings due by 5/7/2018. Discovery due by 2/4/2019. Motions to be filed by 4/1/2019. Status Report due by 10/19/2018. Signed by Magistrate Judge Christian F. Hummel on 2/7/2018. (tab)
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Filing 8
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 2/5/2018. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 2/7/2018. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 2/5/2018. Appearances by Arthur Frost, Esq. and Steve Shultz, Esq. for Plaintiff; Michael Murphy, Esq. for Defendants. Case is opted out of Mandatory Mediation Program. Pretrial deadlines are established. A Scheduling Order to be issued. (tab) |
| Filing 7 JOINT CIVIL CASE MANAGEMENT PLAN by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman and Denise Sheridan, Ronald Sheridan. (jel, ) |
| Filing 6 CERTIFICATE OF SERVICE by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman re #5 Answer to Complaint (Murphy, Michael) |
| Filing 5 ANSWER to Complaint by City of Schenectady, Eric Clifford, Kevin Derkoski, Jonathan Moore, Derek Sherman.(Murphy, Michael) |
| Filing 4 EXHIBIT A CD- re #2 Plaintiff's State Court Complaint. (mgh) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the docket entry of the #1 Notice of Removal to correctly reflect that this document was filed on January 4, 2018 and not on January 8, 2018. (rep) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/5/2018 at 9:00 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 1/29/2018. (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 STATE COURT COMPLAINT: Originally filed by Denise Sheridan and Ronald Sheridan in New York State Supreme Court; Schenectady County. (rep) |
| Filing 1 NOTICE OF REMOVAL: From New York State Supreme Court; Schenectady County, case number 2017-2002 (Filing fee $400 receipt number 0206-4242447). Removed by City of Schenectady. (Attachments: #1 Exhibit - State Court Complaint, #2 Civil Cover Sheet)(rep) Modified on 1/8/2018 to correct the filing date (rep). |
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