Oliver v. New York State Police et al
| Jean Oliver |
| Daniel Penny, New York State Police, Francis Christensen, Lois Goland, Michael Volforte, John Harford, Clay Lodovice, Jason Hughes and Thomas Capezza |
| 1:2019cv00233 |
| February 20, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Frederick J Scullin |
| Daniel J Stewart |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 28 AFFIRMATION for a more definitive statement filed by Jean Oliver. (Attachments: #1 Envelope)(sfp, ) |
| Filing 27 NOTICE of Appearance by Denise P. Buckley on behalf of Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte (Attachments: #1 Declaration of service)(Buckley, Denise) |
Filing 26
ORDER REASSIGNING CASE. Case reassigned to District Judge Brenda K. Sannes and Magistrate Judge Daniel J. Stewart for all further proceedings. Senior Judge Frederick J. Scullin, Jr, and Magistrate Judge Therese Wiley Dancks no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 2/26/19. (Copy served via regular mail)(sfp, )
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| Filing 25 PRO SE HANDBOOK and NOTICE mailed via traditional mail to Pro Se Plaintiff on 2/20/2019. (plp) |
| Filing 24 AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/22/2019, 9:30 AM, by telephone, before Magistrate Judge Therese Wiley Dancks. The Court will initiate the telephone conference call. Plaintiff is directed to confirm the current telephone number with the court. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/15/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (plp) |
| Filing 23 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/22/2019, 9:30 AM, by telephone, before Magistrate Judge Therese Wiley Dancks. The Court will initiate the telephone conference call. Plaintiff is directed to confirm the current telephone number to the court. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/15/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (plp) - PARTIES ARE DIRECTED TO DISREGARD THIS DOCUMENT AND REFER INSTEAD TO DOCUMENT #24. (plp) |
| Filing 22 Case transferred in from District of New York Western; Case Number 1:17-cv-01157. electronically transferred when case opened |
| CLERK'S CORRECTION OF DOCKET ENTRY re 23 G.O. 25 Filing Order - parties are directed to disregard this document and refer instead to document #24. (plp) |
| Filing 21 TEXT ORDER granting #20 Motion for Extension of Time. On February 5, 2019, the Court entered a Decision and Order requiring Plaintiff Jean Oliver ("Plaintiff") to file a more definite statement and transferring the matter to the United States District Court for the Northern District of New York. (Dkt. 19). Plaintiff has sent a letter motion (Dkt. 20) indicating that she is currently serving on active duty in the United States Army Reserves, and requesting a 45-day extension to "review the Court's decision" and "prepare the responses [she] is required to file[.]" (Id. at 1). The Court interprets Plaintiff's letter as a request for an extension of time to file a more definite statement and grants that request. Plaintiff's deadline to file a more definite statement is extended to April 5, 2019. The Court does not construe Plaintiff's letter motion as seeking a stay pursuant to 50 U.S.C. 3932(b), nor has Plaintiff provided the supporting documentation required under that statute. The Court also does not construe Plaintiff's letter motion as requesting a delay in the transfer of this matter to the Northern District of New York, inasmuch as Plaintiff was the party who requested such transfer. The Court directs the Clerk of Court to effectuate the transfer as soon as possible. Plaintiff shall file her more definite statement with the Clerk of Court for the Northern District of New York. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/13/2019. (CDH) (A copy of this order was mailed to Plaintiff at both her permanent address and her temporary duty address) -CLERK TO FOLLOW UP- [Transferred from New York Western on 2/20/2019.] |
| Filing 20 MOTION for Extension of Time to File Response/Reply by Jean Oliver.(KLH) [Transferred from New York Western on 2/20/2019.] |
| Filing 19 DECISION AND ORDER. The pending motions in Civil Action No. 1:17-cv-01157 are resolved as follows: (1) Plaintiff's motion for costs (Dkt. 2) is denied; (2) Defendants' motion to dismiss and for a more definite statement (Dkt. 6) is denied to the extent it seeks dismissal and granted to the extent it seeks a more definite statement; and (3) Plaintiff's motion for transfer (Dkt. 16) is granted with respect to Civil Action No. 1:17-cv-01157 only. Plaintiff must file a more definite statement within 14 days of entry of this Decision and Order. The Clerk of Court is instructed to transfer Civil Action No. 1:17-cv-01157 to the United States District Court for the Northern District of New York. Plaintiff shall file her more definite statement in the Northern District of New York if it is filed after transfer is effectuated. The pending motions in Civil Action No. 1:18-cv-00732 are resolved as follows: (1) Defendants' motion to dismiss and for a more definite statement (Dkt. 6) is granted to the extent it seeks dismissal and denied as moot to the extent it seeks a more definite statement; (2) Plaintiff's cross-motion to compel (Dkt. 10) is denied; (3) Plaintiff's letter motion for a conference (Dkt. 12) is denied as moot; and (4) Plaintiff's motion for transfer of Civil Action No. 1:18-cv-00732 (Dkt. 13) is denied as moot. The Clerk of Court is directed to close Civil Action No. 1:18-cv-00732. Signed by Hon. Elizabeth A. Wolford on 02/05/2019. Associated Cases: 1:18-cv-00732-EAW, 1:17-cv-01157-EAW (CDH) (A copy of this Decision and Order has been mailed to Plaintiff)-CLERK TO FOLLOW UP- [Transferred from New York Western on 2/20/2019.] |
| Filing 18 RESPONSE to Motion re #16 MOTION Transfer Cases 17-cv-1175 and 18-cv-732 to the Northern District of New York as Separate but Adjoining cases to Case in the Northern DistrictA filed by Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte. (Terragnoli, Joel) [Transferred from New York Western on 2/20/2019.] |
| Filing 17 TEXT ORDER re (13 in 1:18-cv-00732-EAW, 16 in 1:17-cv-01157-EAW) Motion to Transfer. Response papers are due on or before September 28, 2018. Upon receipt of all papers, the motion will be deemed submitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/07/18. (PFC) (A copy of this Text Order has been mailed to Plaintiff) [Transferred from New York Western on 2/20/2019.] |
| Filing 16 MOTION to Transfer Cases from the Western District of New York to the Northern District of New York as separate but adjoining cases. by Jean Oliver.Associated Cases: 1:18-cv-00732-EAW, 1:17-cv-01157-EAW(KM) [Transferred from New York Western on 2/20/2019.] |
| Filing 15 NOTICE of Appearance by Joel J. Terragnoli on behalf of Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte (Terragnoli, Joel) [Transferred from New York Western on 2/20/2019.] |
| Filing 14 Letter from Plaintiff, dated 2/15/18, to Judge Wolford (SG) [Transferred from New York Western on 2/20/2019.] |
| Filing 13 REPLY/RESPONSE to re #10 Response to Motion, #9 Reply/Response filed by Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte. (Boyd, Christopher) [Transferred from New York Western on 2/20/2019.] |
| Filing 12 Sealed Document Sealed Exhibit 5 to #11 Affirmation in opposition to defendants' memorandum of law in in opposition to #2 Letter Motion for costs filed by Jean Oliver. (LMD) [Transferred from New York Western on 2/20/2019.] |
| Filing 11 AFFIRMATION IN OPPOSITION TO DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO #2 LETTER MOTION for costs filed by Jean Oliver (Attachments: #1 Exhibits 1- 4)(LMD) [Transferred from New York Western on 2/20/2019.] |
| Filing 10 AFFIRMATION/RESPONSE to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION for More Definite Statement filed by Jean Oliver. (SG) [Transferred from New York Western on 2/20/2019.] |
| Filing 9 REPLY/RESPONSE to re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION for More Definite Statement filed by Jean Oliver. (SG) [Transferred from New York Western on 2/20/2019.] |
| Filing 8 RESPONSE in Opposition re #2 MOTION for costs filed by Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte. (Boyd, Christopher) [Transferred from New York Western on 2/20/2019.] |
| Filing 7 MOTION SCHEDULING ORDER. Plaintiff must submit any papers in opposition to Defendants' motion no later than 1/31/2018. Replies due by 2/14/2018. The court will not hold oral argument on the motion, but will decide the motion based on the papers submitted. Signed by Hon. Elizabeth A. Wolford on 1/10/2018. (KM) (Document received 1/16/2018 and copy mailed to plaintiff) [Transferred from New York Western on 2/20/2019.] |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction , MOTION for More Definite Statement by Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte. (Attachments: #1 Memorandum in Support, #2 Declaration)(Boyd, Christopher) [Transferred from New York Western on 2/20/2019.] |
| Filing 5 TEXT ORDER regarding #2 Motion for Costs. Response is due on or before 1/29/18. Reply is due on or before 2/5/18. Upon receipt of all papers, the Court will determine if oral argument is necessary and will notify the parties of an oral argument date if needed. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/8/18. (ZML) (A copy of this Text Order was mailed to Plaintiff) [Transferred from New York Western on 2/20/2019.] |
| Filing 4 CONTINUATION OF EXHIBITS by Jean Oliver to #1 Complaint filed by Jean Oliver. (SG) [Transferred from New York Western on 2/20/2019.] |
| Filing 3 SUMMONS Returned Executed by Jean Oliver. Thomas Capezza served on 12/12/2017, answer due 1/2/2018; Francis Christensen served on 12/18/2017, answer due 1/8/2018; Lois Goland served on 12/29/2017, answer due 1/19/2018; John Harford served on 12/22/2017, answer due 1/12/2018; Jason Hughes served on 12/12/2017, answer due 1/2/2018; Clay Lodovice served on 12/12/2017, answer due 1/2/2018; New York State Police served on 12/12/2017, answer due 1/2/2018; Daniel Penny served on 12/23/2017, answer due 1/16/2018; Michael Volforte served on 12/12/2017, answer due 1/2/2018. (SG) [Transferred from New York Western on 2/20/2019.] |
| Filing 2 MOTION for Costs by Jean Oliver.(SG) [Transferred from New York Western on 2/20/2019.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) [Transferred from New York Western on 2/20/2019.] |
| Filing 1 COMPLAINT against Thomas Capezza, Francis Christensen, Lois Goland, John Harford, Jason Hughes, Clay Lodovice, New York State Police, Daniel Penny, Michael Volforte, filed by Jean Oliver.(SG) [Transferred from New York Western on 2/20/2019.] |
| Filing fee: $ 400.00, receipt number 57558 (SG) [Transferred from New York Western on 2/20/2019.] |
| Pro Se Packet handed to Plaintiff at counter which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, Pro Se Assistance Program Information and Rule 5.5 Notice. (SG) [Transferred from New York Western on 2/20/2019.] |
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