Gunning v. New York State Justice Center for the Protection of People With Special Needs et al
Plaintiff: Patricia Gunning
Defendant: James Kiyonaga and New York State Justice Center for the Protection of People With Special Needs
Case Number: 1:2019cv01446
Filed: November 22, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Gary L Sharpe
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000e
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2020 Filing 46 MOTION to Dismiss filed by New York State Justice Center for the Protection of People With Special Needs. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 Exhibit A, #4 Certificate of Service) (Fitzgerald, Patrick)
January 17, 2020 TEXT ONLY NOTICE of Hearing on Motion #44 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 2/7/2020. Reply to Response to Motion due by 2/21/2020. Motion Hearing set for 3/5/2020 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. Deadlines set in accordance to Judge Hummel's text order issued on December 10, 2019. (jel, )
January 16, 2020 Filing 45 CERTIFICATE OF SERVICE by James Kiyonaga re #44 MOTION to Dismiss for Failure to State a Claim (Savitt, Meredith)
January 16, 2020 Filing 44 MOTION to Dismiss for Failure to State a Claim filed by James Kiyonaga. (Attachments: #1 Memorandum of Law) (Savitt, Meredith)
December 10, 2019 Opinion or Order Filing 43 TEXT ORDER addressing #41 Letter Request from Scott P. Quesnel, Esq. for New York State Justice Center for the Protection of People With Special Needs requesting Briefing Schedule and Adjournment of Rule 16 Conference, and Response #41 . The briefing schedule as proposed is acceptable and is set. Motions are to be filed by 1/17/2020; Responses to Motions filed by 2/7/2020 and any replies to be filed by 2/21/2020. The Rule 26 Disclosures are to be exchanged by 1/27/2020. The Initial Rule 16 conference, scheduled for 1/27/2020 is adjourned and all other discovery is STAYED pending a decision on the Motions. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 12/10/2019. (tab)
December 6, 2019 Filing 42 RESPONSE in Opposition re #41 Letter Motion from Scott P. Quesnel, Esq. for New York State Justice Center for the Protection of People With Special Needs requesting Briefing Schedule and Adjournment of Rule 16 Conference submitted to Judge Christian F. Hummel filed by Patricia Gunning. (Watkins, Christopher)
December 5, 2019 Filing 41 Letter Motion from Scott P. Quesnel, Esq. for New York State Justice Center for the Protection of People With Special Needs requesting Briefing Schedule and Adjournment of Rule 16 Conference submitted to Judge Christian F. Hummel . (Attachments: #1 Ex. A, #2 Ex. B, #3 Certificate of Service)(Quesnel, Scott)
November 26, 2019 Filing 40 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/27/2020 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 1/21/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp )
November 22, 2019 Filing 39 Case transferred in from District of New York Southern; Case Number 1:19-cv-05576. electronically transferred when case opened
November 19, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (jwh) [Transferred from New York Southern on 11/22/2019.]
November 19, 2019 Filing 38 MEMO ENDORSEMENT on re: #37 Letter filed by Patricia Gunning. ENDORSEMENT: The Clerk of Court is directed to transfer this case to the Northern District of New York. (Signed by Judge William H. Pauley, III on 11/19/2019) (jwh) [Transferred from New York Southern on 11/22/2019.]
November 18, 2019 Filing 37 LETTER addressed to Judge William H. Pauley, III from Christopher D. Watkins dated 11/18/2019 re: Transfer to NDNY. Document filed by Patricia Gunning.(Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
November 1, 2019 Opinion or Order Filing 36 SCHEDULING ORDER: The parties appeared for a pre-motion conference on November 1, 2019. For the reasons stated on the record, Defendant Kiyonaga shall inform Plaintiff whether he authorizes counsel to accept service of process on his behalf by November 8, 2019. If Kiyonaga does not authorize counsel to accept service, his counsel shall provide Plaintiff with his current home address and any other addresses where he may be served. Thereafter, Plaintiff shall effectuate service within 30 days. This Court also enters the following schedule on consent: (1) Plaintiff shall inform this Court whether she consents to transfer of this case to the Northern District of New York by November 20, 2019; (2) If Plaintiff does not consent, Defendants shall file their joint motion to transfer venue by December 13, 2019; (3) Plaintiff shall file her opposition by January 6, 2020; (4) Defendants shall file any reply by January 13, 2020; and (5) The parties shall appear for oral argument on January 24, 2020 at 12:30 p.m. (Motions due by 12/13/2019. Responses due by 1/6/2020 Replies due by 1/13/2020. Oral Argument set for 1/24/2020 at 12:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/1/2019) (jwh) [Transferred from New York Southern on 11/22/2019.]
October 23, 2019 Filing 35 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 23, 2019 re: #29 LETTER MOTION for Extension of Time to Serve Kiyonaga under Rule 4(m) addressed to Judge William H. Pauley, III from Christopher D. Watkins dated 10/17/2019. . Document filed by James Kiyonaga. (Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
October 22, 2019 Opinion or Order Filing 34 ORDER granting #33 Letter Motion for Leave to File Document. Application granted. (Signed by Judge William H. Pauley, III on 10/22/2019) (cf) [Transferred from New York Southern on 11/22/2019.]
October 22, 2019 Filing 33 LETTER MOTION for Leave to File Letter addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 22, 2019. Document filed by James Kiyonaga.(Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
October 21, 2019 Opinion or Order Filing 32 ORDER granting #31 Letter Motion to Adjourn Conference. Application granted. The pre-motion conference is adjourned to November 1, 2019 at 4:00 p.m. Pre-Motion Conference set for 11/1/2019 at 04:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/21/2019) (cf) [Transferred from New York Southern on 11/22/2019.]
October 21, 2019 Filing 31 LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Scott P. Quesnel, Esq. dated October 21, 2019. Document filed by New York State Justice Center for the Protection of People With Special Needs.(Quesnel, Scott) [Transferred from New York Southern on 11/22/2019.]
October 18, 2019 Opinion or Order Filing 30 ORDER granting #20 Letter Motion for Conference; granting #21 Letter Motion for Conference; granting #26 Letter Motion for Conference; with respect to #29 Letter Motion for Extension of Time: The parties shall appear for a pre-motion conference on October 22, 2019 at 11:30 a.m. At the conference, this Court will also address Plaintiff's motion for an extension of time to serve Defendant James Kiyonaga (ECF No. 29). (Pre-Motion Conference set for 10/22/2019 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/18/2019) (jwh) [Transferred from New York Southern on 11/22/2019.]
October 17, 2019 Filing 29 LETTER MOTION for Extension of Time to Serve Kiyonaga under Rule 4(m) addressed to Judge William H. Pauley, III from Christopher D. Watkins dated 10/17/2019. Document filed by Patricia Gunning.(Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
October 16, 2019 Filing 28 REPLY to Response to Motion re: #20 FIRST LETTER MOTION for Conference pre-motion with respect to our anticipated motion to transfer venue addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 8, 2019., #21 FIRST LETTER MOTION for Conference pre-motion with respect to our anticipated motion to dismiss addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 8, 2019. . Document filed by James Kiyonaga. (Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
October 15, 2019 Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Christopher D. Watkins dated 10/15/2019 re: #26 LETTER MOTION for Conference Pre-Motion with respect to our anticipated Motion to Transfer Venue and Motion to Dismiss addressed to Judge William H. Pauley, III from Patrick J. Fitzgerald, Esq. dated October 10, 2019., #20 FIRST LETTER MOTION for Conference pre-motion with respect to our anticipated motion to transfer venue addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 8, 2019., #21 FIRST LETTER MOTION for Conference pre-motion with respect to our anticipated motion to dismiss addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 8, 2019. . Document filed by Patricia Gunning. (Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
October 10, 2019 Filing 26 LETTER MOTION for Conference Pre-Motion with respect to our anticipated Motion to Transfer Venue and Motion to Dismiss addressed to Judge William H. Pauley, III from Patrick J. Fitzgerald, Esq. dated October 10, 2019. Document filed by New York State Justice Center for the Protection of People With Special Needs. (Attachments: #1 Ex. A)(Fitzgerald, Patrick) [Transferred from New York Southern on 11/22/2019.]
October 10, 2019 Filing 25 NOTICE OF APPEARANCE by Scott Patrick Quesnel on behalf of New York State Justice Center for the Protection of People With Special Needs. (Quesnel, Scott) [Transferred from New York Southern on 11/22/2019.]
October 9, 2019 Opinion or Order Filing 24 ORDER granting #23 Letter Motion for Leave to File Excess Pages. Application granted. (Signed by Judge William H. Pauley, III on 10/9/2019) (mro) [Transferred from New York Southern on 11/22/2019.]
October 9, 2019 Filing 23 LETTER MOTION for Leave to File Excess Pages addressed to Judge William H. Pauley, III from Patrick J. Fitzgerald, Esq. dated October 9, 2019. Document filed by New York State Justice Center for the Protection of People With Special Needs.(Fitzgerald, Patrick) [Transferred from New York Southern on 11/22/2019.]
October 9, 2019 Filing 22 NOTICE OF APPEARANCE by Patrick Joseph Fitzgerald on behalf of New York State Justice Center for the Protection of People With Special Needs. (Fitzgerald, Patrick) [Transferred from New York Southern on 11/22/2019.]
October 8, 2019 Filing 21 FIRST LETTER MOTION for Conference pre-motion with respect to our anticipated motion to dismiss addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 8, 2019. Document filed by James Kiyonaga.(Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
October 8, 2019 Filing 20 FIRST LETTER MOTION for Conference pre-motion with respect to our anticipated motion to transfer venue addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated October 8, 2019. Document filed by James Kiyonaga.(Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
August 13, 2019 Opinion or Order Filing 19 ORDER granting #17 LETTER MOTION for Extension of Time to File Answer re: #4 Complaint. Application granted. Defendant James Kiyonaga shall file his answer or otherwise respond to Plaintiff's complaint by October 18, 2019. The initial pre-trial conference is adjourned to November 25, 2019 at 10:00 a.m. SO ORDERED. James Kiyonaga answer due 10/18/2019. (Signed by Judge William H. Pauley, III on 8/13/2019) (jca) [Transferred from New York Southern on 11/22/2019.]
August 13, 2019 Set/Reset Hearings: Initial Conference set for 11/25/2019 at 10:00 AM before Judge William H. Pauley III. (jca) [Transferred from New York Southern on 11/22/2019.]
August 13, 2019 Opinion or Order Filing 18 ORDER granting #15 SECOND LETTER MOTION for Extension of Time to File Answer. Application granted. Defendant Justice Center shall file its answer or otherwise respond to Plaintiff's complaint by October 18, 2019. The initial pre-trial conference is adjourned to November 25, 2019 at 10:00 a.m. SO ORDERED. New York State Justice Center for the Protection of People With Special Needs answer due 10/18/2019. (Signed by Judge William H. Pauley, III on 8/13/2019) (jca) [Transferred from New York Southern on 11/22/2019.]
August 12, 2019 Filing 17 LETTER MOTION for Extension of Time to File Answer re: #4 Complaint addressed to Judge William H. Pauley, III from Meredith H. Savitt, Esq. dated August 12, 2019. Document filed by James Kiyonaga.(Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
August 12, 2019 Filing 16 NOTICE OF APPEARANCE by Meredith Haver Savitt on behalf of James Kiyonaga. (Savitt, Meredith) [Transferred from New York Southern on 11/22/2019.]
August 7, 2019 Filing 15 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge William H. Pauley, III from Michael F. Donegan dated August 7, 2019. Document filed by New York State Justice Center for the Protection of People With Special Needs. (Attachments: #1 Exhibit Prior Order Granting Extension, #2 Exhibit Letter from Attorney General declining representation)(Donegan, Michael) [Transferred from New York Southern on 11/22/2019.]
July 17, 2019 Set/Reset Hearings: Initial Conference set for 10/4/2019 at 10:00 AM before Judge William H. Pauley III. (kv) [Transferred from New York Southern on 11/22/2019.]
July 17, 2019 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer re #4 Complaint. Application granted. Defendants shall file their answer(s) or otherwise respond to Plaintiff's complaint by September 3, 2019. The initial pretrial conference is adjourned to October 4, 2019 at 10:00 a.m. SO ORDERED. James Kiyonaga answer due 9/3/2019; New York State Justice Center for the Protection of People With Special Needs answer due 9/3/2019. (Signed by Judge William H. Pauley, III on 7/17/2019) (kv) [Transferred from New York Southern on 11/22/2019.]
July 15, 2019 Filing 13 LETTER MOTION for Extension of Time to File Answer re: #4 Complaint addressed to Judge William H. Pauley, III from Owen T. Conroy dated July 15, 2019. Document filed by James Kiyonaga, New York State Justice Center for the Protection of People With Special Needs.(Conroy, Owen) [Transferred from New York Southern on 11/22/2019.]
July 1, 2019 Filing 12 AFFIDAVIT OF SERVICE. James Kiyonaga served on 6/27/2018, answer due 7/18/2018. Service was accepted by Dianne Kiyonaga, Wife. Service was made by MAIL. Document filed by Patricia Gunning. (Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
July 1, 2019 Filing 11 AFFIDAVIT OF SERVICE. New York State Justice Center for the Protection of People With Special Needs served on 6/28/2019, answer due 7/19/2019. Service was accepted by MaryAnn Whiteman, Managing Agent. Document filed by Patricia Gunning. (Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
June 21, 2019 Filing 10 NOTICE OF APPEARANCE by Stephen Bergstein on behalf of Patricia Gunning. (Bergstein, Stephen) [Transferred from New York Southern on 11/22/2019.]
June 20, 2019 Filing 9 ELECTRONIC SUMMONS ISSUED as to New York State Justice Center for the Protection of People With Special Needs. (dnh) [Transferred from New York Southern on 11/22/2019.]
June 19, 2019 Opinion or Order Filing 8 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/15/2019 at 11:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III, as further set forth in this order. (Signed by Judge William H. Pauley, III on 6/19/2019) (jwh) [Transferred from New York Southern on 11/22/2019.]
June 19, 2019 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Justice Center for the Protection of People with Special Needs, re: #4 Complaint. Document filed by Patricia Gunning. (Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to James Kiyonaga. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Dale Watkins to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Include the complete party name as listed on the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 Filing 5 CIVIL COVER SHEET filed. (Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 Filing 4 COMPLAINT against James Kiyonaga, New York State Justice Center for the Protection of People With Special Needs. Document filed by Patricia Gunning.(Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 Case Designated ECF. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Christopher Dale Watkins. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Dale Watkins to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) [Transferred from New York Southern on 11/22/2019.]
June 17, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Dale Watkins. The party information for the following party/parties has been modified: James Kiyonaga. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) [Transferred from New York Southern on 11/22/2019.]
June 14, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to James Kiyonaga, re: #1 Complaint. Document filed by Patricia Gunning. (Watkins, Christopher) [Transferred from New York Southern on 11/22/2019.]
June 14, 2019 Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to New York State Justice Center for the Protection of People with Special Needs, re: #1 Complaint. Document filed by Patricia Gunning. (Watkins, Christopher) Modified on 6/17/2019 (pc). [Transferred from New York Southern on 11/22/2019.]
June 14, 2019 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17085511)Document filed by Patricia Gunning.(Watkins, Christopher) Modified on 6/17/2019 (pc). [Transferred from New York Southern on 11/22/2019.]

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Defendant: James Kiyonaga
Represented By: Meredith H. Savitt
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Defendant: New York State Justice Center for the Protection of People With Special Needs
Represented By: Patrick J. Fitzgerald, III
Represented By: Scott P. Quesnel
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Plaintiff: Patricia Gunning
Represented By: Christopher D. Watkins
Represented By: Stephen Bergstein
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