Holmes v. County of Montgomery et al
Plaintiff: Shawn Holmes
Defendant: John Doe #1, John Doe #3, John Doe #2, County of Montgomery, Michael J. Amato, C.O. Buck Hagan, Montgomery County Sheriff's Department and CO Kagan Buck
Case Number: 1:2019cv00617
Filed: May 23, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Referring Judge: Daniel J Stewart
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2019 Filing 24 NOTICE of Appearance by Mark Sokoloff on behalf of Shawn Holmes (Sokoloff, Mark)
July 15, 2019 Opinion or Order Filing 23 TEXT ORDER granting #21 Motion for Limited Admission Pro Hac Vice. Attorney Mark G. Sokoloff is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 7/15/2019. (mab)
July 12, 2019 Opinion or Order Filing 22 ORDER granting #19 Letter Request. Plaintiff's Letter-Request to adjourn the Rule 16 conference scheduled for July 15, 2019 is granted. The conference is adjourned without date. Signed by Magistrate Judge Daniel J. Stewart on 07/12/19. (cdb)
July 12, 2019 Filing 21 MOTION for Limited Admission Pro Hac Vice of Mark G. Sokoloff Filing fee $100, receipt number ANYNDC-4796764. filed by Shawn Holmes. Motions referred to Daniel J. Stewart. (Connery, Jonathan)
July 12, 2019 Filing 20 TEXT NOTICE from the chambers of US District Judge, Lawrence E. Kahn: As a reminder, all motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas)
July 11, 2019 Filing 19 Letter Motion from Jonathan Connery, Esq., attorney for Shawn Holmes requesting an adjournment of the initial conference submitted to Judge Daniel J. Stewart . (Connery, Jonathan)
July 10, 2019 Filing 18 ANSWER to #15 Amended Complaint by Kagan Buck.(Gasparini, Louis)
July 2, 2019 Filing 17 RESPONSE in Opposition re #10 MOTION to Dismiss for Failure to State a Claim Memorandum of Law in Opposition to Motion filed by Shawn Holmes. (Attachments: #1 Affidavit, #2 Exhibit(s) A - Amended Complaint)(Connery, Jonathan)
July 2, 2019 Corrected Defendant CO Kagan Buck's name in accordance with the #15 Amended Complaint. (dpk)
July 1, 2019 Filing 16 NOTICE by Shawn Holmes Request for Issuance of Supplemental Summonses (Attachments: #1 County of Montgomery Summons, #2 Montgomery County Sherriff's Dept. Summons, #3 Michael J. Amato Summons, #4 CO Kagan Buck Summons)(Connery, Jonathan)
June 28, 2019 Filing 15 AMENDED COMPLAINT filed as of right pursuant to FRCP 15(a)(1)(B) (21 days w/in filing of defendants' 12b motion) against All Defendants filed by Shawn Holmes.(Connery, Jonathan)
June 28, 2019 Filing 14 STIPULATION TO ACCEPT SERVICE AND EXTEND TIME TO RESPOND TO COMPLAINT by Buck Hagan submitted to Judge Lawrence E. Kahn. (Gasparini, Louis)
June 27, 2019 Filing 13 NOTICE of Appearance by Jonathan Connery on behalf of Shawn Holmes (Connery, Jonathan)
June 17, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #12 Certificate of Service. Amended the docket text to reflect that the entry was a certificate of service and not a second notice of appearance. (dpk)
June 14, 2019 Filing 12 Certificate of Service re #11 Notice of Appearance by Michael G. Del Vecchio (Del Vecchio, Michael) Modified on 6/17/2019 (dpk).
June 14, 2019 Filing 11 NOTICE of Appearance by Michael G. Del Vecchio on behalf of Buck Hagan (Del Vecchio, Michael)
June 7, 2019 Filing 10 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 7/19/2019 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 7/2/2019 Reply to Response to Motion due by 7/8/2019. filed by Michael J. Amato, County of Montgomery, Montgomery County Sheriff's Department. (Attachments: #1 Affidavit, #2 Exhibit(s) A, #3 Proposed Amended Pleading) (Posner, David)
June 6, 2019 Filing 9 NOTICE of Appearance by John A. Blyth on behalf of Shawn Holmes (Blyth, John)
May 30, 2019 Opinion or Order Filing 8 TEXT ORDER granting Defendant's #5 Letter Request seeking an extension of time file an Answer or otherwise respond to the Complaint in this matter. Defendants County of Montgomery, Montgomery County Sheriff's Department and Michael J. Amato shall file a response on or before June 21, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/30/2019. (mab)
May 30, 2019 Filing 7 AFFIDAVIT re #1 Notice of Removal,, by Michael J. Amato, County of Montgomery, Montgomery County Sheriff's Department. (Attachments: #1 Affidavit, #2 Affidavit)(Posner, David)
May 29, 2019 Filing 6 NOTICE of Appearance by Louis U. Gasparini on behalf of Buck Hagan (Gasparini, Louis)
May 29, 2019 Filing 5 Letter Motion from David L. Posner, Esq. for Michael J. Amato, County of Montgomery, Montgomery County Sheriff's Department requesting extension of time to answer or move with respect to the complaint submitted to Judge Lawrence E. Kahn . (Posner, David)
May 24, 2019 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/15/2019 at 10:00 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 7/8/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
May 24, 2019 Filing 3 NOTICE of Admission Requirement as to Party Shawn Holmes: Attorney Jon Connery, Esq. Admissions due by 6/7/2019. (dpk)
May 24, 2019 ***Answer due date updated for Michael J. Amato answer due 5/30/2019; County of Montgomery answer due 5/30/2019; Montgomery County Sheriff's Department answer due 5/30/2019. (dpk)
May 23, 2019 Filing 2 STATE COURT RECORD - Summons and Complaint. (dpk)
May 23, 2019 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - Montgomery County, case number 330-2019 (Filing fee $400 receipt number ANYNDC-4751069) filed by Montgomery County Sheriff's Department, County of Montgomery and Michael J. Amato.(Attachments: #1 Exhibit A (Summons and Complaint - State Court), #2 Exhibit B (Notice of Appearance - State Court), #3 Exhibit C (Notice of Filing of Notice of Removal), #4 Petition for Removal, #5 Civil Cover Sheet) (dpk) Modified on 5/24/2019 to correct filing date (dpk).

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Defendant: John Doe #1
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Defendant: John Doe #3
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Defendant: John Doe #2
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Defendant: County of Montgomery
Represented By: David L. Posner
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Defendant: Michael J. Amato
Represented By: David L. Posner
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Defendant: C.O. Buck Hagan
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Defendant: Montgomery County Sheriff's Department
Represented By: David L. Posner
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Defendant: CO Kagan Buck
Represented By: Louis U. Gasparini
Represented By: Michael G. Del Vecchio
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Plaintiff: Shawn Holmes
Represented By: John A. Blyth
Represented By: Jonathan Connery
Represented By: Mark Sokoloff
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