Benson v. Gardner et al

Benson v. Gardner et al

Plaintiff:	Ashley Benson
Defendant:	Neil Gardner, Gardner's Ice Cream & Coffee Shoppe and Town of Stephentown
Case Number:	1:2019cv01004
Filed:	August 14, 2019
Court:	US District Court for the Northern District of New York
Presiding Judge:	Therese Wiley Dancks
Referring Judge:	Gary L Sharpe
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 31, 2022	Filing 112 STATUS REPORT to Hon. Therese Wiley Dancks by Ashley Benson. (Coffey, Stephen)
March 22, 2022	Filing 111 TRANSCRIPT of Proceedings: Settlement held on 3/1/2022 before Judge THERESE WILEY DANCKS, Court Reporter: Jacqueline Stroffolino, Telephone number: 518-257-1894. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/12/2022. Redacted Transcript Deadline set for 4/22/2022. Release of Transcript Restriction set for 6/21/2022. Notice of Intent to Redact due by 3/28/2022 (jxs, )
March 1, 2022	Filing 110 ORDER DISMISSING CASE By Reason of Settlement. Signed by Magistrate Judge Therese Wiley Dancks on 3/1/2022. (sg)
March 1, 2022	Filing 109 TEXT ORDER: Plaintiff to file status report on status of settlement by 3/31/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/1/2022. (sg)
March 1, 2022	Text Only Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: CRD: John Law. Jury trial to commence on March 1, 2022. Appearances Made: Stephen Coffey and Pamela Nichols, Esqs., for plaintiff and Brian Premo, Esq., for defendants. Judge Dancks discussing placing settlement on the record. Judge Dancks states the settlement on the record. Plaintiffs counsel and plaintiff agree with the settlement. Defense counsel and defendants agree with the settlement. Court brings in the jury to address that the matter resolved. Court wants a status report by plaintiff within 30 days. Court will issue an order dismissing action by reason of settlement with a 60 day deadline. Court brings in jury to thank you for their time and discharges the jury. (Court Reporter Jacqueline Stroffolino) Time: 10:00-11:40 a.m. (jel, )
February 24, 2022	Filing 108 PRETRIAL STIPULATION to Hon. Therese Wiley Dancks in response to ECF Document Number 106 by Ashley Benson. (Coffey, Stephen)
February 22, 2022	Filing 107 ORDER granting in part and denying in part #99 Motion in Limine. Plaintiff may introduce evidence of Gardner's convictions to impeach him for truthfulness, but that evidence must be strictly limited to the essential facts of the convictions, including the statutory name of each offense, the date of conviction, and the sentence imposed. Individuals who were not identified in Plaintiff's Rule 26 disclosures and whose testimony is not offered "solely for impeachment" are precluded from testifying at trial. Signed by Magistrate Judge Therese Wiley Dancks on 2/22/2022. (egr, )
February 22, 2022	Filing 106 TEXT ORDER: The Court made the following directives during the 2/18/2022 Telephone Final Pretrial Conference: Plaintiff is directed to file a status report by 2/24/2022 at 5pm re: whether witness Melquist will testify by video or at all, admission of plaintiff's medical records, and whether the parties have discussed resolving the case. Parties are to confer and file a stipulation as to the trial exhibits by 2/24/2022. Counsel are to provide copies of all depositions transcripts to the Court on the day of the trial. Depositions transcripts are to be in binders and clearly labeled for the Court's convenience. Counsel are also directed to provide binders of trial exhibits to the Court on the day of trial. Counsel are directed to be in Courtroom #6 at the Federal Courthouse in Albany with their clients no later than 9:30AM on 3/1/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/22/2022. (sg)
February 18, 2022	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Final Pretrial Conference held on 2/18/2022. APPEARANCES: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendants. Court reviews jury selection process, progression of trial including witnesses, and other trial housekeeping matters. Court will reach out to counsel re: courtroom technology. Court issues ruling on Motion in Limine, a written order will follow. Court issues directives and sets deadlines, a separate text order will follow. (Court Reporter Jodi Hibbard) (sg)
February 16, 2022	Filing 105 TEXT ORDER: Court received defendants reply (Dkt. No. #104 ) filed without permission. However, the Court will accept the reply and consider it in making a determination on the motion. No further submissions on the motion in limine are permitted. Counsel for defendants is directed to email unredacted copies of Dkt. Nos. 104-1 and 104-2 to the undersigned's Courtroom Deputy Clerk by 5pm today. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/16/2022. (sg)
February 15, 2022	Filing 104 REPLY to Response to Motion re #99 First MOTION in Limine filed by Neil Gardner. Motion returnable before Judge Therese Wiley Dancks filed by Neil Gardner. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Premo, Brian)
February 14, 2022	Filing 103 RESPONSE to Motion re #99 First MOTION in Limine filed by Neil Gardner. Motion returnable before Judge Therese Wiley Dancks filed by Ashley Benson. (Coffey, Stephen)
February 10, 2022	Filing 102 TEXT ORDER: Court reviewed defendants' letter motion (Dkt. No. #101 ) for a telephone conference "as soon as possible to discuss witness testimony recently proffered by plaintiff" which the Court presumes is the subject of defendants' Motion in Limine. The response to the Motion in Limine is due 2/14/2022 (see Dkt. Nos. 79, 86) and therefore the Court will reschedule the final pretrial conference currently scheduled for 2/22/2022 to 2/18/2022 by separate Text Notice. The parties should be prepared to address the issues outlined in the Motion in Limine and all other remaining pretrial matters at that conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/10/2022. (sg)
February 10, 2022	TEXT NOTICE of Rescheduling of Final Pretrial Conference: Telephone Final Pretrial Conference RESCHEDULED for 2/18/2022 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 3644.(sg)
February 9, 2022	Filing 101 Letter Motion from Brian D. Premo for Neil Gardner requesting Telephone conference . (Premo, Brian)
February 9, 2022	CLERK'S CORRECTION OF DOCKET ENTRY re #99 Motion in Limine: Court has made a correction to this docket entry. A redacted copy of Dkt. 99 has been substituted for the original filing, as the original filing included the name of a non-party individual offering testimony of a sensitive nature. Counsel should review this redacted document on PACER. (sg )
February 9, 2022	CLERK'S CORRECTION OF DOCKET ENTRY as to Dkt. No. 90 - Court has made a correction to this docket entry. At the request of Plaintiff's counsel, a redacted copy of Dkt. 90 has been substituted for the original filing, as the original filing included the name of a non-party individual offering testimony of a sensitive nature. Counsel should review this redacted document on PACER. (sg)
February 8, 2022	Filing 100 Court Ordered Voir Dire by Neil Gardner. (Premo, Brian)
February 8, 2022	Filing 99 First MOTION in Limine filed by Neil Gardner. Motion returnable before Judge Therese Wiley Dancks (Premo, Brian) (Main Document 99 replaced on 2/9/2022) (sg, ).
February 8, 2022	Filing 98 Proposed Jury Instructions by Neil Gardner. (Premo, Brian)
February 8, 2022	Filing 97 Exhibit List by Neil Gardner. (Premo, Brian)
February 8, 2022	Filing 96 Witness List by Neil Gardner. (Premo, Brian)
February 8, 2022	Filing 95 Proposed Voir Dire by Neil Gardner. (Premo, Brian)
February 8, 2022	Filing 94 Court Ordered Voir Dire by Neil Gardner. (Premo, Brian)
February 8, 2022	Filing 93 Proposed Jury Instructions by Ashley Benson. (Coffey, Stephen)
February 8, 2022	Filing 92 PROPOSED VERDICT FORM by Ashley Benson. (Coffey, Stephen)
February 8, 2022	Filing 91 Witness List by Ashley Benson. (Attachments: #1 Witness Disclosure)(Coffey, Stephen)
February 8, 2022	Filing 90 TRIAL BRIEF by Ashley Benson. (Coffey, Stephen) (Main Document 90 replaced on 2/8/2022 with a redacted copy) (sg, ). Modified on 2/8/2022 (sg, ).
February 8, 2022	Filing 89 Proposed Voir Dire by Ashley Benson. (Coffey, Stephen)
February 8, 2022	Filing 88 Exhibit List by Ashley Benson. (Coffey, Stephen)
February 8, 2022	Filing 87 Court Ordered Voir Dire by Ashley Benson. (Coffey, Stephen)
February 3, 2022	Filing 86 TEXT ORDER: Court reviewed letter motion (Dkt. Nos. #84 , #85 ) seeking an extension of time to file Motions in Limine and pretrial submissions which is granted. Pretrial submissions and Motions in Limine now due 2/8/2022. All other deadlines, the final pretrial conference, and the trial date remain as set forth in Dkt. No. 79 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/3/2022. (sg)
February 3, 2022	Filing 85 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting Extension of deadline for pre-trial submissions due to weather submitted to Judge Therese Wiley Dancks . (Coffey, Stephen)
February 3, 2022	Filing 84 Letter Motion from Brian D. Premo for Neil Gardner requesting Extension to file Pretrial Submissions submitted to Judge Therese Wiley Dancks . (Premo, Brian)
February 1, 2022	Filing 83 TEXT ORDER granting Plaintiff's #82 Letter Request for Court issued subpoena to Berlin Central School District: Court issued subpoena attached to this docket entry. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/1/2022. (sg )
February 1, 2022	Filing 82 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting Issuance of Proposed Subpoena submitted to Judge Therese Wiley Dancks . (Attachments: #1 Proposed Subpoena)(Coffey, Stephen)
January 28, 2022	Filing 81 TEXT ORDER: Court has reviewed subpoenas as requested by plaintiff. All of the subpoenas had an incorrect case number and were dated incorrectly for the date of issuance. Additionally, the subpoenas returnable to counsel's office did not provide the entities a reasonable time to comply. Although Fed. R. Civ. P. 45 does not define "reasonable time," many courts have found fourteen days from the date of service as presumptively reasonable. See In re Rule 45 Subpoena, No. MISC 08-347 (ARR)(MDG), 2010 WL 2219343 at *5 (E.D.N.Y. Feb. 5, 2010) (collecting cases). Therefore, the Court has revised the subpoenas and plaintiff is directed to serve the subpoenas no later than 14 days prior to the return date on the subpoenas. Plaintiff is also directed to provide complete copies of any documents/materials received in response to the subpoenas to defendants' counsel immediately upon receipt of the documents/materials. (Court issued subpoenas attached to this docket entry) SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/2022. (sg)
January 27, 2022	Filing 80 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting Issuance of Proposed Subpoenas submitted to Judge Therese Wiley Dancks . (Attachments: #1 Proposed Subpoenas)(Coffey, Stephen)
December 28, 2021	Filing 79 TEXT ORDER granting Dkt. Nos. #77 and #78 : The Jury Trial has been RESCHEDULED for 3/1/2022 at 9:30am in Albany NY. Pretrial Submission and Motions in Limine to be filed by 2/4/2022. Responses to Motions in Limine due 2/14/2022. Telephone Final Pretrial Conference set for 2/22/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 3644. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/28/2021. (sg )
December 22, 2021	Filing 78 Letter Motion from Brian D. Premo for Neil Gardner requesting Rescheduling Trial submitted to Judge Therese Wiley Dancks . (Premo, Brian)
December 22, 2021	Filing 77 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting proposed trial date submitted to Judge Therese Wiley Dancks . (Coffey, Stephen)
December 20, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 12/20/2021 per request made at Dkt. 75. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendant. Plaintiff's counsel advises for reasons stated during this conference they are requesting the trial be rescheduled. Defendant's counsel has no objection. Court proposes the dates of 2/28/2022 or 3/21/2022 for trial to be held in Albany NY. Defendant's counsel to report to the Court by 12/22/2021 at 5pm which date is acceptable to the Defendant. (sg)
December 16, 2021	Filing 76 TEXT ORDER granting #75 Letter Request for Court conference. Telephone Conference set for 12/20/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 2486. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/16/2021. (sg)
December 15, 2021	Filing 75 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting a Conference submitted to Judge Therese Wiley Dancks . (Coffey, Stephen)
October 20, 2021	Filing 74 TRIAL ORDER: Civil Jury Trial set for 1/24/2022 at 9:30 AM at the James T. Foley U.S. Courthouse 445 Broadway, Albany NY before Magistrate Judge Therese Wiley Dancks. All Pretrial Submissions due by 1/5/2022. Motions in limine to be filed by 1/5/2022. Responses to Motions in limine due1/12/2022. Signed by Magistrate Judge Therese Wiley Dancks on 10/20/2021. (sg)
October 20, 2021	TEXT NOTICE of Final Pretrial Conference: Telephone Final Pretrial Conference has been set for 1/18/2022 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 3644.(sg)
October 19, 2021	Filing 73 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Therese Wiley Dancks. (ban)
October 19, 2021	Filing 72 NOTICE by Ashley Benson NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE (Coffey, Stephen)
October 14, 2021	Filing 71 STIPULATION and Joint Consent by Ashley Benson submitted to Judge D'Agostino. (Attachments: #1 Letter to Judge D'Agstino re: consent form and Trial)(Coffey, Stephen)
October 13, 2021	Filing 70 TEXT ORDER: Court reviewed docket and notes that the parties have not yet filed a consent to the Magistrate Judge, although they have indicated to the undersigned and in a letter to District Judge DAgostino (Dkt. No. 69) that they have agreed to a trial before the undersigned. The parties shall submit a proper consent to trial before the Magistrate Judge in the Court's form as provided in Dkt. No. #3 at p. 15 by 10/22/2021 or the case will proceed to trial before the District Judge. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/13/2021. (sg)
September 24, 2021	Filing 69 LETTER BRIEF to Hon. Mae A. D'Agostino by Ashley Benson. (Coffey, Stephen)
September 17, 2021	Filing 68 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, )
September 9, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 9/9/2021. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendants. Counsel advise the Court they intend to submit a consent to District Judge Sharpe for consideration. Should Judge Sharpe approve the consent to the Magistrate Judge, a notice of trial date and trial scheduling order will be issued by Judge Dancks. Parties are directed to sign and submit the consent to Judge Sharpe as soon as possible so the Court is aware of their intentions. (sg)
August 24, 2021	Filing 67 TEXT ORDER granting #66 Letter Request to reschedule telephone conference. Telephone Conference RESCHEDULED for 9/9/2021 at 11:45 AM before Magistrate Judge Therese Wiley Dancks. 1-877-336-1829, access code 8029754, security code 5824. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/24/2021. (sg)
August 23, 2021	Filing 66 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting Adjournment of 9/9/21 Conference submitted to Judge Therese Wiley Dancks . (Coffey, Stephen)
August 20, 2021	Filing 65 TEXT ORDER granting #64 Letter Request for a Court conference. Telephone Status Conference set for 8/30/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 5824. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/20/2021. (sg)
August 20, 2021	Filing 64 Letter Motion from Brian D. Premo for Neil Gardner requesting Telephone conference submitted to Judge Therese Wiley Dancks . (Premo, Brian)
August 2, 2021	Filing 63 TEXT ONLY NOTICE - the motion filing deadline expired on July 9, 2021. The case is now deemed trial ready. The case has been moved to the trial ready list. A trial order will be issued in due course setting forth a deadline for filing of pretrial submissions, a final pretrial conference and a trial date. If the parties are seeking any further proceedings regarding settlement, the matter is referred to the underlying Magistrate Judge. (jel, )
April 14, 2021	Filing 62 TEXT ORDER: Court made the following rulings at the 4/14/2021 Telephone Discovery Conference: parties agree that each party will pay an equal share of the deposition cost of Dr. Stores. Defendant will pay the deposition witness fee of Ms. Zinberg, and Plaintiff will pay any costs above that witness fee for deposition of Ms. Zinberg. Deadlines re-set as follows: All Discovery due by 5/28/2021. Discovery motions due 6/4/2021. Dispositive Motions to be filed by 7/9/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/14/2021. (sg)
April 14, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 4/14/2021. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendants. Court addresses issues raised in Dkt. Nos. 58 and 59. After hearing from both parties, Court makes directives and re-sets deadlines, a separate text order will be issued. (sg )
April 9, 2021	Filing 61 TEXT ORDER granting #60 Letter Request. The Telephone Discovery Conference has been RESCHEDULED for 4/14/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6829. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/9/2021. (sg)
April 8, 2021	Filing 60 Letter Motion from Brian D. Premo for Neil Gardner requesting Change of Conference Call Date submitted to Judge Therese Wiley Dancks . (Premo, Brian)
April 7, 2021	Filing 59 LETTER BRIEF regarding fee dispute by Neil Gardner. (Premo, Brian)
April 7, 2021	Filing 58 LETTER BRIEF Response to Mag. Dancks' 4/6/21 Request by Ashley Benson. (Coffey, Stephen)
April 6, 2021	Filing 57 TEXT ORDER granting #56 Letter Request for a court conference: Telephone Conference set for 4/15/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. All parties are to submit a short letter brief, no longer than 2pp, by 4/9/2021, outlining the expert fee dispute referenced in Dkt. No. 56. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6829. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/6/2021. (sg)
April 2, 2021	Filing 56 LETTER BRIEF/Letter Request to Magistrate Therese Wiley Dancks Requesting Conference by Ashley Benson. (Coffey, Stephen) Modified on 4/5/2021 (sg, ).
February 25, 2021	Filing 55 TEXT ORDER: After hearing from counsel on the issues raised at Dkt. Nos. #50 and #54 , as well as reviewing the expert reports that were provided to the Court in hard copy for review as indicated in Dkt. No. 54, the Court denies Defendants' motion to preclude the subject plaintiff's experts' reports/opinions and/or compel further disclosure, without prejudice to renew their request after deposition testimony has been taken from the respective experts. Deadlines remain as currently set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/25/2021. (sg)
February 25, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 2/25/2021. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendant. Court hears from counsel re: issues raised at Dkt. 50 and Dkt. 54. After discussion with counsel, court issues decision. A separate text order will be forthcoming. (sg)
February 18, 2021	Filing 54 Plaintiff's Response to issues raised at Dkt. #50 from Stephen R. Coffey for Ashley Benson requesting Responding to Letter from Defense Counsel regarding proper response under Rule 26 submitted to Judge Dancks . (Coffey, Stephen) Modified on 2/19/2021 (sg, ).
February 17, 2021	Filing 53 TEXT ORDER granting #52 Letter Request as follows: Discovery due by 4/26/2021. Discovery motions due 5/3/2021. Dispositive Motions to be filed by 6/7/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/17/2021. (sg )
February 12, 2021	Filing 52 Letter Motion from Brian D. Premo for Neil Gardner requesting Extension of time for discovery submitted to Judge Therese Wiley Dancks . (Premo, Brian)
February 12, 2021	Filing 51 TEXT ORDER granting #50 Letter Request for Court conference. A Telephone Discovery Conference has been set for 2/25/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff to file a letter response to the issues addressed in Dkt. No. 50, no longer than 5 and half pages, single spaced, 12pt font, by 2/18/2021. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6432. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/12/2021. (sg)
February 10, 2021	Filing 50 STATUS REPORT Objection to EW Disclosure/Request for Court conference by Neil Gardner. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Premo, Brian) Modified on 2/12/2021 (sg, ).
February 5, 2021	Filing 49 LETTER BRIEF re Rule 26 Expert Disclosures by Ashley Benson. (Coffey, Stephen)
January 15, 2021	Filing 48 TEXT ORDER Opting Case Out of Mandatory Mediation: After discussion with counsel during the 1/14/2021 Telephone Conference, the Court opts this case out of the Mandatory Mediation Program. The case may be referred back into mediation at the request of the parties. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/15/2021. (sg)
January 15, 2021	Filing 47 TEXT ORDER: Court made the following rulings at the 1/14/2021 Telephone Conference: Court orders remaining depositions to be conducted virtually due to the health pandemic. Plaintiff's deposition to be completed by 1/21/2021. Deadlines extended as follows: Plaintiff Expert Disclosure Deadline is 2/5/2021. Discovery due by 2/26/2021. Discovery motions due 3/5/2021. Dispositive Motions to be filed by 4/16/2021. Requests for extensions of court ordered deadlines should be made before the relevant deadline expires, even if the parties agree to the extension among themselves. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/15/2021. (sg)
January 14, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 1/14/2021. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendants. Parties report on status of discovery. Court reminds counsel that counsel must request extensions of Court-ordered deadlines before the relevant deadline expires, even if the parties agree among themselves to an extension. Court issues directives, a separate text order will be issued. (sg)
January 12, 2021	Filing 46 TEXT ORDER granting Plaintiff's #45 Letter Request. The TIME ONLY of the 1/14/2021 Telephone Conference before Magistrate Judge Dancks has been changed to 11:30AM. Call-in information remains as previously set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/12/2021. (sg)
January 11, 2021	Filing 45 Request Letter Motion from Plaintiff Ashley Benson for Ashley Benson requesting time change for conference submitted to Judge Honorable Mag. Dancks . (Coffey, Stephen)
September 25, 2020	TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 1/14/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4864.(sg)
September 24, 2020	Filing 44 STATUS REPORT by Neil Gardner. (Premo, Brian)
August 25, 2020	Filing 43 NOTICE of Appearance by Pamela A. Nichols on behalf of Ashley Benson (Nichols, Pamela)
August 25, 2020	Filing 42 TEXT ORDER: Court made the following rulings at the 8/25/2020 Telephone Conference: By 8/31/2020, Defendant to request from Social Workers compliance with the subpoena by 9/11/2020. If the subpoenaed documents are not received by 9/11, Defendant permitted to file motion to compel by 9/25/2020, or a status report by 9/25/2020 re: receiving the records. Counsel are directed to move forward with scheduling depositions. Court resets deadlines as follows: Plaintiff Expert Disclosure Deadline is 11/2/2020. Defendant Expert Disclosure Deadline is 12/15/2020. Rebuttal Expert Disclosure Deadline is 1/5/2021. Discovery due by 1/29/2021. Discovery Motions due 2/5/2021. Dispositive Motions to be filed by 3/31/2021. Deferral of Mandatory Mediation continued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/25/2020. (sg)
August 25, 2020	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 8/25/2020. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendants. Counsel report on status of discovery and document production. Court makes directives and re-sets deadlines, a separate text order will be issued. (sg )
August 19, 2020	IMPORTANT TEXT NOTICE FROM THE COURT re: the 8/25/2020 10:00am Telephone Status Conference: Counsel should call the following number for this conference: 1-877-336-1829, Access Code 8029754, Security Code 3847, (sg)
August 7, 2020	Filing 41 TEXT ORDER: Court has reviewed request for subpoenas (Dkt. No. #40 ) which is granted. Court-issued subpoenas are attached to this docket entry. Counsel should serve the subpoenas on the medical providers, including mental health providers, with a copy of the relevant authorizations provided by plaintiff. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/7/2020. (sg )
August 5, 2020	Filing 40 Letter Motion from Brian D. Premo for Neil Gardner requesting Issuance of Proposed Subpoenas submitted to Judge Therese Wiley Dancks . (Attachments: #1 Proposed Subpoenas)(Premo, Brian)
August 3, 2020	Filing 39 TEXT ORDER: Court has reviewed status report (Dkt. No. #38 ) regarding discovery. Plaintiff to request subpoenas from the Court for mental health records if the providers do not appropriately respond to authorized requests for records. Mediation continues to be deferred. All deadlines remain as reset in Dkt. No. 32 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/3/2020. (sg)
July 31, 2020	Filing 38 STATUS REPORT by Neil Gardner. (Premo, Brian)
June 26, 2020	Set Deadlines/Hearings: further Status Report due by 7/31/2020 from defendant as directed at Dkt. 36. (sg )
June 25, 2020	Filing 37 STATUS REPORT by Neil Gardner. (Premo, Brian)
June 22, 2020	Filing 36 TEXT ORDER: Court reviewed revised status report (Dkt. No. #35 ) and directs defendants to serve responses to discovery demands of plaintiff by 7/2/2020. Defendants to file further status report by 7/31/2020 on any discovery disputes, the status of obtaining medical records of plaintiff, confirmed date for plaintiff's deposition, and whether the matter is ready to be referred to mediation. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/22/2020. (sg )
June 22, 2020	Filing 35 STATUS REPORT by Ashley Benson. (Coffey, Stephen)
June 12, 2020	Filing 34 TEXT ORDER: Court reviewed status report (Dkt. No. #33 ) which does not provide all of the information required per Dkt. No. 32 . Therefore, parties to confer and plaintiff to file further status report addressing the remaining issues outlined in Dkt. No. 32 by 6/22/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/12/2020. (sg )
June 12, 2020	Filing 33 STATUS REPORT by Ashley Benson. (Coffey, Stephen)
May 19, 2020	Filing 32 TEXT ORDER: Court made the following rulings at the 5/18/2020 Telephone Conference: Parties to confer and Plaintiff to file status report by 6/12/2020 re: status of paper discovery, sufficiency of responses and whether there are any issues the parties cannot resolve, and also report on information re: non-party witnesses and status of receipt of additional mental health records of Plaintiff, if any. Plaintiff to provide updated authorizations to defendant specifically directing provider to disclose actual notes in addition to summaries, if any. Court extends deadlines as follows: Amended Pleadings due by 7/31/2020. Joinder of Parties due by 7/31/2020. Plaintiffs Expert Disclosure Deadline is 9/1/2020. Defendants Expert Disclosure Deadline is 10/16/2020. Rebuttal Expert Disclosure Deadline is 11/2/2020. Discovery due by 11/30/2020. Discovery motions due 12/7/2020. Dispositive Motions to be filed by 1/29/2021. Mediation deferral continued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/18/2020. (sg )
May 19, 2020	TEXT NOTICE of Telephone Status Conference: A Telephone Status Conference has been set for 8/25/2020 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg )
May 18, 2020	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 5/18/2020. Counsel report on status of discovery and anticipated depositions. Court encourages counsel to schedule depositions by video or other means due to the circumstances arising from the COVID-19 pandemic. After discussion with counsel mediation deferral continued. Court makes directives and re-sets deadlines, a separate text order will be issued. Appearances: Stephen Coffey, Esq. for Plaintiff; Brian Premo, Esq. for Defendants. (sg )
April 2, 2020	TEXT NOTICE -RESCHEDULING OF TELEPHONE CONFERENCE: The Telephone Status Conference has been re-set for 5/18/2020 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call in to the following number at the time of the call: 1-888-684-8852, Access Code 7855922, Security Code 4247.(sg )
March 20, 2020	Filing 31 TEXT ORDER : The telephone conference scheduled for 3/26/2020 is adjourned and will be rescheduled as soon as practicable. In the meantime, the parties are directed to continue with whatever discovery they are able to complete under the circumstances. All deadlines set forth in Dkt. No. #26 are extended 90 days. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/20/2020. (sg )
March 17, 2020	TEXT NOTICE RE: 3/26/2020 TELEPHONE CONFERENCE: Counsel are directed to call in to the following number at the time of the 3/26/2020 Telephone Conference set for 9:30am on that date: 1-888-684-8852, Access Code 7855922. (sg )
December 12, 2019	Filing 30 JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANT TOWN OF STEPHENTOWN. Signed by Senior Judge Gary L. Sharpe on 12/12/2019. (jel, )
December 11, 2019	Filing 29 STIPULATION of Dismissal by Ashley Benson submitted to Judge Sharpe. (Kosineski, Julia)
December 9, 2019	Filing 28 TEXT ONLY ORDER - On December 3, 2019, the parties filed a stipulation of dismissal to be so ordered by the court. (Dkt. No. 27.) Local 41.3 provides that any action which is submitted for dismissal by stipulation of the parties shall contain the following language, if applicable: "That no party hereto is an infant or incompetent." The stipulation of dismissal is DENIED with leave to refile in full compliance with the local rules. IT IS SO ORDERED Issued by Senior Judge Gary L. Sharpe on 12/9/2019. (jel, )
December 3, 2019	Filing 27 STIPULATION of Dismissal by Ashley Benson submitted to Judge Sharpe. (Kosineski, Julia)
November 21, 2019	Filing 26 UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26(a)(1) Mandatory Disclosures to be served by 11/22/2019. Rule 33 and 34 Requests to be served by 1/6/2020. Joinder of Parties due by 4/1/2020. Amended Pleadings due by 4/1/2020. Plaintiff expert disclosure due 4/2/2020. Defendant expert disclosure due 5/18/2029. Rebuttal due 6/1/2020. Discovery due by 7/1/2020. Motions to be filed by 9/1/2020. Anticipated length of trial: 10 days. Preferred Trial Location: Albany NY. After conferring with the parties, the Magistrate Judge has deferred the case from Mandatory Mediation (not opted out), and no referral order will be issued at this time. Mandatory Mediation will be revisited with the parties at each subsequent conference held in the future. Signed by Magistrate Judge Therese Wiley Dancks on 11/21/2019. (sg )
November 21, 2019	Filing 25 NOTICE of Appearance by Julia Virginia Kosineski on behalf of Ashley Benson (Kosineski, Julia)
November 21, 2019	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 11/21/2019. Appearances: Stephen Coffey, Esq. and Julia Kosineski, Esq. for Plaintiff; Brian Premo, Esq. and Christopher Langlois, Esq. for Defendants. Court reviews Civil Case Management Plan. Plaintiff to serve Rule 26 Mandatory Disclosures by 11/22/2019, and medical authorizations by 12/6/2019. Mediation is deferred (not opted out) and will be revisited with the parties at future conferences. Pretrial deadlines are established, a scheduling order will be issued. (Digitally Recorded)) (sg )
November 21, 2019	TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 3/26/2020 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Attorney Premo is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line for the call. (sg)
November 15, 2019	Filing 24 TEXT ORDER: Due to a conflict with the Court's calendar, the 11/18/2019 telephone Initial Conference has been RESCHEDULED for 11/21/2019 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel shall initiate the call as directed in General Order 25. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/15/2019. (sg )
November 12, 2019	Filing 23 CIVIL CASE MANAGEMENT PLAN by Ashley Benson. (Coffey, Stephen)
November 12, 2019	Filing 22 AFFIDAVIT of Service for FRCO 26(a)(1)(A) initial Disclosure of Defendant Town of Stephentown served on Ashley Benson c/o Stephen R. Coffey, Esq. on 11/08/2019, filed by Town of Stephentown. (Langlois, Christopher)
November 11, 2019	Filing 21 LETTER BRIEF by Town of Stephentown. (Langlois, Christopher)
November 11, 2019	Filing 20 CIVIL CASE MANAGEMENT PLAN by Town of Stephentown. (Langlois, Christopher)
November 7, 2019	Filing 19 Text Only Order - Parties' request for an adjournment of the motion return date, (Dkt. No. 18), is GRANTED. For future reference, requests for extension filed on the date a filing is due are disfavored and may not be granted. Requests for extension should be filed as soon as it becomes apparent that an extension is needed, but no later than 2 days before the deadline. Response papers are to be filed on or before December 3, 2019. Reply papers are to be filed on or before December 11, 2019. Motion Hearing has been rescheduled for December 20, 2019 at 9:00 a.m. before Senior District Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 11/7/2019. (jel, )
November 4, 2019	Filing 18 Letter Motion from Stephen R. Coffey, Esq. for Ashley Benson requesting adjournment of motion return date submitted to Judge Gary L. Sharpe . (Coffey, Stephen)
October 17, 2019	Filing 17 CERTIFICATE OF SERVICE by Gardner's Ice Cream & Coffee Shoppe re #16 Answer to Complaint (Premo, Brian)
October 17, 2019	Filing 16 ANSWER to #1 Complaint by Gardner's Ice Cream & Coffee Shoppe.(Premo, Brian)
October 17, 2019	Filing 15 CERTIFICATE OF SERVICE by Neil Gardner re #14 Answer to Complaint (Premo, Brian)
October 17, 2019	Filing 14 ANSWER to Complaint by Neil Gardner.(Premo, Brian)
October 15, 2019	Filing 13 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/21/2019 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/4/2019 Reply to Response to Motion due by 11/12/2019. filed by Town of Stephentown. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 Ex. A, #4 Certificate of Service) (Langlois, Christopher)
September 9, 2019	Filing 12 TEXT ORDER: Court has reviewed the #10 Letter Request by Defendant Neil Gardner for extension of time to respond to the complaint. Counsel are reminded that requests by counsel for separate defendants for extensions of deadlines must each set forth the good cause reasons for requesting the extensions even if the parties stipulate to an extension or if other parties to the case have made a similar request. Dkt. No. #10 is granted. Defendant Neil Gardner answer due 10/18/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/9/2019. (sg)
September 9, 2019	Filing 11 TEXT ORDER granting #8 Letter Request by defendant Town of Stephentown for extension of time to respond to the complaint. Town of Stephentown answer due 10/18/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/9/2019. (sg)
September 9, 2019	Filing 10 Letter Motion from Brian D. Premo for Neil Gardner requesting Extension of time to Answer Complaint submitted to Judge Gary L. Sharpe . (Premo, Brian)
September 9, 2019	Filing 9 Notice of Attorney Appearance of Brian D. Premo, Esq for Neil Gardner (Premo, Brian) Modified on 9/9/2019 -clerk's correction to follow. (sg, ).
September 9, 2019	CLERK'S CORRECTION OF DOCKET ENTRY re: #9 Notice of Attorney Appearance: the text only of this docket entry has been corrected to reflect that this filing is a notice of attorney appearance. (sg)
September 6, 2019	Filing 8 Letter Motion from Christopher P. Langlois for Town of Stephentown requesting Extension of Time to Serve a Responsive Pleading or Motion submitted to Judge Gary L. Sharpe . (Langlois, Christopher)
September 6, 2019	Filing 7 NOTICE of Appearance by Christopher P. Langlois on behalf of Town of Stephentown (Langlois, Christopher)
September 6, 2019	***Answer due date updated for Neil Gardner answer due 9/11/2019; Gardner's Ice Cream & Coffee Shoppe answer due 9/11/2019; Town of Stephentown answer due 9/11/2019. (see)
September 4, 2019	Filing 6 AFFIDAVIT of Service for Summons, Complaint, General Order 25 served on Defendant Town of Stephentown c/o Stephanie Wagar, Town Clerk on August 21, 2019, filed by Ashley Benson. (Coffey, Stephen)
September 4, 2019	Filing 5 AFFIDAVIT of Service for Summons, Complaint, General Order 25 served on Defendant Gardner's Ice Cream & Coffee Shoppe c/o Neil Gardner on August 21, 2019, filed by Ashley Benson. (Coffey, Stephen)
September 4, 2019	Filing 4 AFFIDAVIT of Service for Summons, Complaint, General Order 25 served on Defendant Neil Gardner on August 21, 2019, filed by Ashley Benson. (Coffey, Stephen)
August 14, 2019	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/18/2019 at 10:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/12/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
August 14, 2019	Filing 2 Summonses Issued as to Neil Gardner, Gardner's Ice Cream & Coffee Shoppe, and Town of Stephentown. (Attachments: #1 Summons for Gardner's Ice Cream & Coffee Shoppe, #2 Summons for Town of Stephentown)(see)
August 14, 2019	Filing 1 COMPLAINT with Jury Demand against Neil Gardner, Gardner's Ice Cream & Coffee Shoppe, and Town of Stephentown (Filing fee $400 receipt number ANYNDC-4837200) filed by Ashley Benson. (Attachments: #1 Civil Cover Sheet)(see)

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Defendant: Neil Gardner
Represented By:	Brian D. Premo
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Defendant: Gardner's Ice Cream & Coffee Shoppe
Represented By:	Brian D. Premo
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Defendant: Town of Stephentown
Represented By:	Christopher P. Langlois
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Plaintiff: Ashley Benson
Represented By:	Stephen R. Coffey
Represented By:	Julia Virginia Kosineski
Represented By:	Pamela A. Nichols
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