Oper v. Capital District Regional Off-Track Betting Corporation et al
| Robert M. Oper |
| Capital District Regional Off-Track Betting Corporation, Robert Hemsworth, Phil Giordano and Deborah Laurange |
| 1:2020cv01415 |
| November 17, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Frederick J Scullin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.
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Filing 34
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: Signed by Senior Judge Frederick J. Scullin, Jr on September 12, 2022. (rep)
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Filing 33
STIPULATION of Dismissal by Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange submitted to Judge Frederick J. Scullin, Jr.. (Winters, Kristi)
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Filing 32
TEXT ORDER: Granting the parties' #31 CONSENT Letter Motion for an extension of time to file a Stipulation of Dismissal. The parties may have until until September 2, 2022 to submit their stipulation. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on August 4, 2022. (rep)
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Filing 31
CONSENT Letter Motion from Alex Dahle for Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange requesting Extension of Time to File Stipulation of Dismissal until September 2, 2022 submitted to Judge Frederick J. Scullin, Jr. . (Dahle, Alexander)
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Filing 30
TEXT ORDER: Granting the parties' #29 Letter Request for an extension of time to file a Stipulation of Dismissal. The parties may have until August 2, 2022 to file the stipulation. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on July 5, 2022. (rep)
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Filing 29
JOINT Letter Motion from Kristi Rich Winters for Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange requesting a 30-DAY EXTENSION OF TIME TO FILE STIPULATION OF DISMISSAL UNTIL AUGUST 2, 2022 submitted to Judge Frederick J. Scullin, Jr. . (Winters, Kristi)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 6/3/2022 by telephone. [9:00am-9:03am] Appearances by William George Gotimer, Jr., Esq. for plaintiff; Kristi Rich Winters, Esq. for defendant. Counsel advise the Court that a settlement has been reached. Parties are in the process of exchanging releases and a Stipulation of Discontinuance will be filed within 30 days. Parties are directed to direct the Stipulation of Dismissal to Senior District Judge Scullin for review and approval. (tab)
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Filing 28
TEXT ORDER granting #27 Letter Motion from Kristi Rich Winters for Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange requesting that Vincent E. Polsinelli be removed from the docket: The Clerk is directed to terminate Attorney Polsinelli from this docket and turn off case notifications. Authorized by Magistrate Judge Christian F. Hummel on 5/23/2022. (tab)
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Filing 27
Letter Motion from Kristi Rich Winters for Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange requesting that Vincent E. Polsinelli be removed from the docket as he is no longer with Jackson Lewis P.C. submitted to Judge Christian F. Hummel . (Winters, Kristi)
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Filing 26
COURT NOTICE of Hearing: A Status Conference has been set for Friday, 6/3/2022 @ 9:00 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 5/6/2022 by telephone [9:00am-9:08am] Appearances by William Gotimer, Jr. Esq. for plaintiff. Kristi Rich Winters, Esq. for Defendant. Attorney Winters indicates that she has just taken over the case from Mr. Polsinelli, who has recently left the firm. Plaintiff advises the court that parties have been progressing amicably in settlement discussions and that has been their focus at this point. The Court agrees to set up a follow up conference in 30 days but also offers any assistance the parties might need to help resolve the case. A follow up telephone conference will be set under separate notice for 6/3/2022. (tab)
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Filing 25
NOTICE of Appearance by Kristi Rich Winters on behalf of Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange (Winters, Kristi)
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Filing 24
COURT NOTICE of Conference: A Status Conference has been set for 5/6/2022 @ 9:00 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 4/1/2022 by telephone. [9:30am-9:36am] Appearances by William George Gotimer, Jr., Esq. for Plaintiff; Vincent Polsinelli, Esq. for Defendant. Counsel advise the Court of the status and defendant's position on plaintiff's motion to amend. The Court sets a follow up conference for 5/6/2022 @ 9:00 am. The Court also offers assistance in trying to resolve the case, if parties desire it. (tab)
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Filing 23
NOTICE of Appearance by Alexander Scott Dahle on behalf of Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange (Dahle, Alexander)
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Filing 22
COURT NOTICE of Conference: A Status Conference has been set for Friday, 4/1/2022 @ 9:30 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
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Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 2/22/2022 by telephone. [10:00am-10:12am] Appearances by William George Gotimer, Jr., Esq. for plaintiff; Vincent Polsinelli, Esq. for Defendant. The Court inquires as to Defendant's position in regard to the Motion to Amend the complaint. Defense counsel indicates that he will confer with his client and see if parties can enter into a stipulation. The Court directs Defense to advise the Court of his client's position, and if a response to the motion to amend is necessary, the Court will reset the response deadline. (tab)
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Filing 21
COURT NOTICE of Conference: A Status Conference [re: Plaintiff's motion to Amend] has been set for Tuesday, 2/22/2022 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. (tab)
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Filing 20
MOTION for Leave to File Amended Pleadings filed by Robert M. Oper. Response to Motion due by 2/24/2022 (Attachments: #1 Memorandum of Law, #2 Affirmation) Motions referred to Christian F. Hummel. (Gotimer, William)
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CLERK'S CORRECTION OF DOCKET ENTRY re 19 Text Order on Letter Request. Order is correct to reflect that the extension granted is for leave to move to file an amended complaint. (bjw, )
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Filing 19
TEXT ORDER granting #18 Letter Request by Robert M. Oper for an extension of time for leave to file an Amended Complaint until 2/10/2022. No further extensions will be considered.. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 1/7/2022. (bjw, ) Modified on 1/10/2022 (bjw, ).
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Filing 18
Letter Motion from William G. Gotimer, Jr., Esq. for Robert M. Oper requesting Extension to move for leave to file Amended Complaint submitted to Judge Frederick J. Scullin, Jr. . (Gotimer, William)
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Filing 17
ORDER granting #9 Motion to Dismiss without prejudice. If Plaintiff decides to move for leave to file an amended complaint, he must do so within twenty (20) days of the date of this Order. If he does not file such a motion within the required time frame, the dismissal of his complaint shall become "with prejudice" without further Order of this Court.. Signed by Senior Judge Frederick J. Scullin, Jr on 12/22/2021. (egr)
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Filing 16
ORDER re #15 MOTION to Withdraw as Attorney Christopher J. Stevens filed by Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange. filed by Deborah Laurange, Phil Giordano, Robert Hemsworth, Capital District Regional Off-Track Betting Corporation. The Clerk is directed to terminate Attorney Christopher J. Stevens from this case docket. Authorized by Magistrate Judge Christian F. Hummel on 4/12/2021. (tab)
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Filing 15
MOTION to Withdraw as Attorney Christopher J. Stevens filed by Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange. Response to Motion due by 4/30/2021 Motions referred to Christian F. Hummel. (Stevens, Christopher)
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Filing 14
REPLY to Response to Motion re #9 MOTION to Dismiss Plaintiff's Complaint filed by Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange. (Stevens, Christopher)
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Filing 13
MEMORANDUM OF LAW In Opposition to Defendant's Motion to Dismiss filed by Robert M. Oper. (Gotimer, William)
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Filing 12
TEXT NOTICE: The Rule 16 Initial Conference scheduled for February 17, 2021 at 9:00 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. (tab)
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Filing 11
TEXT ORDER granting #10 Joint Letter Request to extend motion response and reply filing deadlines re: #9 MOTION to Dismiss Plaintiff's Complaint : Response to Motion now due by 2/8/2021. Reply to Response to Motion now due by 2/22/2021. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 1/7/2021. (bjw, )
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Filing 10
Letter Motion from William G. Gotimer, Jr., Esq. for Robert M. Oper requesting Extension of Deadlines submitted to Judge Magistrate Judge Christian F. Hummel . (Gotimer, William)
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Filing 9
MOTION to Dismiss Plaintiff's Complaint Response to Motion due by 1/25/2021. Reply to Response to Motion due by 2/1/2021 filed by Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange. (Attachments: #1 Affirmation, #2 Exhibit(s), #3 Memorandum of Law) (Stevens, Christopher)
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Filing 8
NOTICE of Appearance by Vincent E. Polsinelli on behalf of All Defendants (Polsinelli, Vincent)
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Filing 7
NOTICE of Appearance by Christopher John Stevens on behalf of Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange (Stevens, Christopher)
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Filing 6
AFFIDAVIT of Service for Civil Summons and Complaint, Civil Cover Sheet, and General Order 25 served on Capital District Regional Off-Track Betting Corporation, Phil Giordano, Deborah Laurange, and Robert Hemsworth on 12/04/2020, filed by Robert M. Oper. (Gotimer, William)
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Filing 5
TEXT ORDER approving #4 Stipulation filed by Robert M. Oper. Answer due date updated for Capital District Regional Off-Track Betting Corporation answer due 1/4/2021; Phil Giordano answer due 1/4/2021; Robert Hemsworth answer due 1/4/2021; Deborah Laurange answer due 1/4/2021. Authorized by Magistrate Judge Christian F. Hummel on 12/4/2020. (tab)
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Filing 4
STIPULATION re Email Service by Robert M. Oper. (Gotimer, William)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/17/2021 09:00 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 2/10/2021. (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)
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Filing 2
Summons Issued as to Capital District Regional Off-Track Betting Corporation. (Attachments: #1 Summons issued to Phil Giordano, #2 Summons issued to Deborah Laurange, #3 Summons issued to Robert Hemsworth)(khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Capital District Regional Off-Track Betting Corporation, Phil Giordano, Robert Hemsworth, Deborah Laurange (Filing fee $400 receipt number ANYNDC-5319396) filed by Robert M. Oper. (Attachments: #1 Civil Cover Sheet)(khr)
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