Albino v. The City of Amsterdam Police et al
| Walter J. Albino |
| The City of Amsterdam Police, Montgomery County District Attorneys Office, County of Montgomery and Montgomery County Sheriff's Office |
| 1:2019cv01415 |
| November 15, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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Filing 29
DECISION AND ORDER denying #25 Motion to Appoint Counsel. ORDERED, that plaintiffs motion for appointment of counsel, dkt. no. 25, is DENIED without prejudice and with opportunity to renew should plaintiff demonstrate a change in his circumstances. Signed by Magistrate Judge Christian F. Hummel on 1/6/2020. (Attachments: #1 Exhibit - Case Law, #2 Exhibit - Case Law) (Copy served via regular mail)(khr, )
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Filing 28
TEXT ORDERED: The Court has received Plaintiff's January 2 letter, Dkt. No. 27 ("Letter"), (1) renewing his motion for appointment of counsel, Dkt. No. 25, that is currently pending before the Honorable Christian F. Hummel, U.S. Magistrate Judge; and (2) requesting an extension to the deadline by which his response to Defendants' motion to dismiss, Dkt. No. 21, is due. Plaintiff's renewed motion for appointment of counsel is hereby REFERRED to Judge Hummel for consideration. Additionally, Plaintiff's request for an extension is hereby GRANTED. Plaintiff shall file his response to Defendants' pending motion to dismiss by January 31, 2020. Updated motion deadlines are: Motion Hearing is reset for 2/21/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 1/31/2020. Reply to Response to Motion due by 2/14/2020. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on January 03, 2020. (Copy served via regular mail)(sas)
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| Filing 27 Letter Request/Motion from Walter J. Albino requesting extension of time to respond to Motion to Dismiss. (khr) |
| Filing 26 REQUEST for Production of Documents by Walter J. Albino.(khr) |
| Filing 25 MOTION to Appoint Counsel filed by Walter J. Albino. Motions referred to Christian F. Hummel. (khr) |
| Filing 24 CERTIFICATE OF SERVICE by The City of Amsterdam Police re #23 Reply to Response to Motion (Jelinek, Loraine) |
| Filing 23 REPLY to Response to Motion re #12 MOTION to Dismiss filed by The City of Amsterdam Police. (Jelinek, Loraine) |
| Filing 22 AFFIDAVIT of Service for Notice of Motion for Dismissal served on Walter J. Albino on December 20, 2019, filed by County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office. (Lee, Kimberly) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/7/2020 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 1/21/2020 Reply to Response to Motion due by 1/27/2020. filed by County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office. (Attachments: #1 Memorandum of Law in Support of Motion of Dismissal, #2 Affidavit Affidavit of Exhibits, #3 Exhibit(s) A) (Lee, Kimberly) |
| Filing 20 Copy of Letter dated December 14, 2019 sent to defense counsel by Walter Albaino regarding preservation of electronically stored information. (khr) |
| Filing 19 Copy of Letter sent to defense counsel requesting documents filed by Walter Albino. (khr) |
| Filing 18 RESPONSE in Opposition re #12 MOTION to Dismiss filed by Walter J. Albino. (Attachments: #1 Memorandum of Law, #2 Affidavit of Service, #3 Envelope)(khr) |
| Filing 17 PRO SE NOTICE returned and executed by Walter J. Albino. (Attachments: #1 Envelope) (khr) |
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Filing 16
TEXT ORDER RE: #15 Letter Motion requesting that Plaintiff would like to appear at the Rule 16 conference via telephone conference filed by Walter J. Albino. As Defendant, City of Amsterdam Police have filed a Motion to Dismiss in this action, the Rule 16 Initial Conference scheduled for January 21, 2020 at 9:30 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED, without date, pending a decision on the dispositive motion. Authorized by Magistrate Judge Christian F. Hummel on 11/26/2019. (Copy served via regular mail on 11/26/2019)(tab)
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| Filing 15 Letter Request/Motion from Walter J. Albino would like to appear at the Rule 16 conference via telephone conference. (khr) |
| Filing 14 TEXT NOTICE from the chambers of US District Judge, Lawrence E. Kahn: As a reminder, ALL of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. ***A copy of this Notice was served upon pro se party via US Mail. (sas) |
| Filing 13 CERTIFICATE OF SERVICE by The City of Amsterdam Police re #12 MOTION to Dismiss Amended Certificate of Service (Laws, April) |
| Filing 12 MOTION to Dismiss Motion Hearing set for 1/3/2020 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 12/17/2019 Reply to Response to Motion due by 12/23/2019. filed by The City of Amsterdam Police. (Attachments: #1 Declaration Declaration of April J. Laws, #2 Exhibit(s) Exb A Plaintiff's Proposed Notice of Intent to File Claim, dated March 24, 2019, #3 Exhibit(s) Exb B Plaintiff's June 27, 2019 testimony pursuant to New York General Municipal Law Section 50-h, #4 Memorandum of Law MOL in Support of City Defendant's MTD Pursuant to FRCP 12(b), #5 Appendix Certificate of Service dated November 22, 2019) (Laws, April) |
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Filing 11
TEXT ORDER granting #10 Letter Request from Kimberly Hunt Lee, Esq. for County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office requesting Adjournment to answer or move with respect to plaintiff's complaint. County of Montgomery answer due 12/23/2019; Montgomery County District Attorneys Office answer due 12/23/2019; Montgomery County Sheriff's Office answer due 12/23/2019. The Initial Conference is reset for Tuesday, 1/21/2020 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/14/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court). Authorized by Magistrate Judge Christian F. Hummel on 11/22/2019. (tab)
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| Filing 10 Letter Motion from Kimberly Hunt Lee, Esq. for County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office requesting Adjournment to answer or move with respect to plaintiff's complaint submitted to Judge Hon. Lawrence E. Kahn . (Lee, Kimberly) |
| Filing 9 AFFIDAVIT of Service for Notice of Appearance served on Walter J. Albino on November 21, 2019, filed by County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office. (Lee, Kimberly) |
| Filing 8 NOTICE of Appearance by Kimberly H. Lee on behalf of County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office (Lee, Kimberly) |
| Filing 7 AFFIDAVIT of Service for Notice of Appearance served on Walter J. Albino on November 21, 2019, filed by County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office. (Posner, David) |
| Filing 6 NOTICE of Appearance by David L. Posner on behalf of County of Montgomery, Montgomery County District Attorneys Office, Montgomery County Sheriff's Office (Posner, David) |
| Filing 5 CERTIFICATE OF SERVICE by The City of Amsterdam Police re #2 State Court Complaint, #4 G.O. 25 Filing Order, #1 Notice of Removal and Notice of Filing of Notice of Removal (Laws, April) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/19/2019 10:30 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 12/12/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) [Mailed copy to pro se plaintiff on 11/18/2019. |
| Filing 3 PRO SE NOTICE issued on 11/18/2018. (khr)[A copy of pro se notice, pro se packet was mailed on 11/18/2019] |
| ***Answer due date updated for County of Montgomery answer due 11/22/2019; Montgomery County District Attorneys Office answer due 11/22/2019; Montgomery County Sheriff's Office answer due 11/22/2019; The City of Amsterdam Police answer due 11/22/2019. (khr) |
| Filing 2 STATE COURT COMPLAINT filed by The City of Amsterdam Police. (khr) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Montgomery, case number 2019-0201 (Filing fee $400 receipt number ANYNDC-4945839) filed by The City of Amsterdam Police. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(khr) |
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