Ivey v. City of Albany et al
Plaintiff: Joe L. Ivey, Jr.
Defendant: We Doe, Susan Roscoe Fogarty, Palace Theatre, Palace Theatre Human Resource Department, New York State Division of Human Rights, Palace Theatre Inc., City of Albany, Bill O'Donnell, Palace Performing Arts Center, Inc. and Victor P. DeAmelia
Case Number: 1:2021cv00684
Filed: June 11, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Lawrence E Kahn
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2021 Opinion or Order Filing 41 TEXT ORDER granting #40 Letter Motion from AAG Liberati-Conant for Victor P. DeAmelia, New York State Division of Human Rights requesting Deadline to Respond to Amended Complaint Be Set to September 6, 2021 submitted to Judge Hummel : Victor P. DeAmelia answer due 9/6/2021; New York State Division of Human Rights answer due 9/6/2021. Authorized by Magistrate Judge Christian F. Hummel on 7/29/2021. (tab)
July 28, 2021 Filing 40 Letter Motion from AAG Liberati-Conant for Victor P. DeAmelia, New York State Division of Human Rights requesting Deadline to Respond to Amended Complaint Be Set to September 6, 2021 submitted to Judge Hummel . (Attachments: #1 Declaration of Service)(Liberati-Conant, Christopher)
July 28, 2021 Filing 39 NOTICE of Appearance by Christopher Liberati-Conant on behalf of Victor P. DeAmelia, New York State Division of Human Rights (Attachments: #1 Declaration of Service)(Liberati-Conant, Christopher)
July 28, 2021 Opinion or Order Filing 38 TEXT ORDER granting #35 Letter Motion from Andrew S. Holland for Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty requesting Deadline of September 6, 2021, to move to dismiss or otherwise respond to amended complaint : Bill O'Donnell answer due 9/6/2021; Palace Performing Arts Center, Inc. answer due 9/6/2021; Palace Theatre answer due 9/6/2021; Susan Roscoe Fogarty answer due 9/6/2021. The Rule 16 Initial Conference scheduled for 9/9/2021 at 9:00 AM and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date and will be rescheduled at the appropriate time. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 7/28/2021. (Copy served via regular mail on 7/28/2021)(tab)
July 27, 2021 Filing 37 CERTIFICATE OF SERVICE by Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty re #35 Letter Motion from Andrew S. Holland for Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty requesting Deadline of September 6, 2021, to move to dismiss or otherwise respond to amended complaint, a, #36 FRCP 7.1 Corporate Disclosure Statement upon plaintiff by first-class mail (Holland, Andrew)
July 27, 2021 Filing 36 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty. (Holland, Andrew)
July 27, 2021 Filing 35 Letter Motion from Andrew S. Holland for Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty requesting Deadline of September 6, 2021, to move to dismiss or otherwise respond to amended complaint, and indefinite adjournment of Rule 16 Conference submitted to Judge Hon. Christian F. Hummel . (Holland, Andrew)
July 27, 2021 Filing 34 ANSWER to #1 Complaint, by City of Albany. (Attachments: #1 Certificate of Service)(Rehfuss, Stephen)
July 23, 2021 Filing 33 RETURN RECEIPTS received as to Joe L. Ivey, Jr serving #19 NYS Division of Human Rights Certificate of Service, #22 City of Albany Certificate of Service, #23 Victor P. DeAmelia Certificate of Service, and #24 Office of the Attorney General Certificate of Service. (Attachments: #1 Certified Mail Return Receipt for City of Albany, #2 Certified Mail Return Receipt for Victor Deamelia, #3 Certified Mail Return Receipt for Attorney Generals Office)(ztc, )
July 22, 2021 CLERK'S CORRECTION OF DOCKET ENTRY re #31 Notice of Appearance, Clerk corrected Docket Entry to show that this Notice of Appearance was filed inadvertently and both Counselors appear correctly and docket #30 and #32 . (Served via regular mail to Pro Se Plaintiff) (ztc, )
July 21, 2021 Filing 32 NOTICE of Appearance by Abigail W. Rehfuss on behalf of City of Albany (Attachments: #1 certificate of Service)(Rehfuss, Abigail)
July 21, 2021 Filing 31 NOTICE of Appearance by Stephen J. Rehfuss on behalf of City of Albany (Attachments: #1 Certificate of Service)(Rehfuss, Stephen) Modified on 7/22/2021 (ztc, ). This Docket Entry was filed inadvertently by Counsel. Clerk reached out to Counsel to make sure a third attorney was not supposed to appear. Both Counselor Stephen Rehfuss and Counselor Abigail Rehfuss appear correctly on docket #30 and #32 .
July 21, 2021 Filing 30 NOTICE of Appearance by Stephen J. Rehfuss on behalf of City of Albany (Attachments: #1 Certificate of Service)(Rehfuss, Stephen)
July 16, 2021 Filing 29 AFFIDAVIT of Service for Notices of Appearance for Peter Lauricella, Andrew Holland and Olivia Orlando served on Joe L. Ivey, Jr. on July 16, 2021, filed by Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Palace Theatre Human Resource Department, Susan Roscoe Fogarty. (Lauricella, Peter)
July 14, 2021 Filing 28 RETURN RECEIPT received by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on the City of Albany and the Office of the Attorney General via certified mail. (pjh, )
July 14, 2021 Filing 27 NOTICE by Joe L. Ivey, Jr., Pro Se. Postal Receipts in support of the #19 - #26 Certificates of Service. (pjh, )
July 14, 2021 Filing 26 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on Palace Theatre. (pjh, )
July 14, 2021 Filing 25 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on Palace Performing Arts Center, Inc.. (pjh, )
July 14, 2021 Filing 24 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on the Office of the Attorney General. (pjh, )
July 14, 2021 Filing 23 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on Victor P. DeAmelia.(pjh, )
July 14, 2021 Filing 22 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on the City of Albany. (pjh, )
July 14, 2021 Filing 21 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on Susan Roscoe Fogarty.(pjh, )
July 14, 2021 Filing 20 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr., Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on Bill O'Donnell.(pjh, )
July 14, 2021 Filing 19 CERTIFICATE OF SERVICE by Joe L. Ivey, Jr. Pro Se. The #13 Amended Complaint and the #12 MOTION to Amend/Correct were served on New York State Division of Human Rights.(pjh, )
July 14, 2021 CLERK'S CORRECTION OF DOCKET ENTRY: The docket entry -Summons Issued (New York State Division of Human Rights) formerly at Dkt #19 has been deleted from the docket. Upon review and consultation with Plaintiff the Original Complaint named the NYS Div. of Human Rights as a Party and summons was issued at the time of filing. (mgh)
July 12, 2021 Filing 18 NOTICE of Appearance by Olivia Orlando on behalf of Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty (Orlando, Olivia)
July 12, 2021 TEXT NOTICE directing counsel to file proof of service regarding #17 Notice of Appearance by Andrew S. Holland and #16 Notice of Appearance by Peter A. Lauricella. (see)
July 9, 2021 Filing 17 NOTICE of Appearance by Andrew S. Holland on behalf of Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty (Holland, Andrew)
July 9, 2021 Filing 16 NOTICE of Appearance by Peter A. Lauricella on behalf of Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty (Lauricella, Peter)
July 7, 2021 Opinion or Order Filing 15 TEXT ORDER finding as moot #12 Motion to Amend/Correct. Plaintiff, in this instance, is permitted to amend, as a right, and therefore the motion to amend is not necessary. Authorized by Magistrate Judge Christian F. Hummel on 7/7/2021. (Copy served via regular mail on 7/7/2021)(tab)
July 2, 2021 Filing 14 Summons Issued as to Victor P. DeAmelia, Palace Performing Arts Center, Inc., Palace Theatre. (Attachments: #1 Summons Issued as to Palace Performing Arts Center, Inc., #2 Summons Issued as to Victor P. DeAmelia)(mgh)
July 2, 2021 Filing 13 AMENDED COMPLAINT against Victor P. DeAmelia, New York State Division of Human Rights, Bill O'Donnell, Palace Performing Arts Center, Inc., Palace Theatre, Susan Roscoe Fogarty filed by Joe L. Ivey, Jr.(mgh)
July 2, 2021 Filing 12 MOTION to Amend/Correct #1 Complaint, filed by Joe L. Ivey, Jr. (Attachments: #1 Motion to Amend) Motions referred to Christian F. Hummel. (mgh)
June 28, 2021 Filing 11 AFFIDAVIT of Service for Summons, General Order 25, and Related Civil Complaint Paperwork served on the City of Albany. Filed by Pro Se Plaintiff Joe L. Ivey, Jr. (map)
June 28, 2021 Filing 10 AFFIDAVIT of Service for Summons, General Order 25, and Related Civil Complaint Paperwork served on Letitia James. Filed by Pro Se Plaintiff Joe L. Ivey, Jr. (map)
June 28, 2021 Filing 9 AFFIDAVIT of Service for Summons, General Order 25, and Related Civil Complaint Paperwork served on Susan Roscoe Fogarty. Filed by Pro Se Plaintiff Joe L. Ivey, Jr. (map)
June 28, 2021 Filing 8 AFFIDAVIT of Service for Summons, General Order 25, and Related Civil Complaint Paperwork served on Bill O'Donnell. Filed by Pro Se Plaintiff Joe L. Ivey, Jr. (map)
June 28, 2021 Filing 7 AFFIDAVIT of Service for Summons, General Order 25, and Related Civil Complaint Paperwork served on Albany Palace Theater. Filed by Pro Se Plaintiff Joe L. Ivey, Jr. (map)
June 22, 2021 Filing 6 Copies of Postal Receipts by Joe L. Ivey, Jr. (see)
June 16, 2021 Filing 5 Exhibits to the #1 Complaint by Joe L. Ivey, Jr. (Attachments: #1 Exhibit(s) to the complaint - NYS Executive Order)(see)
June 14, 2021 TEXT NOTICE: Although the plaintiff herein has named "We" Doe in the Complaint, the Clerk's Office will not issue summonses for service of process on a "Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the "We Doe" defendant, plaintiff may seek to amend the pleading to add the properly named defendant pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. {Copy of Text Notice mailed to pltf on 6/14/2021} (see, )
June 14, 2021 TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:20-CV-1617. (see)
June 11, 2021 Filing 4 PRO SE HANDBOOK and NOTICE issued and explained to Joe L. Ivey, Jr at time complaint was filed. {Copies of all documents returned to pltf at the Albany Clerk's Office on 6/11/2021} (see)
June 11, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/9/2021 at 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 9/2/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
June 11, 2021 Filing 2 Summonses Issued as to City of Albany, New York State Division of Human Rights, Bill O'Donnell, Palace Theatre Human Resource Department, Palace Theatre Inc., and Susan Roscoe Fogarty. (Attachments: #1 Summons for Palace Theatre Inc., #2 Summons for Palace Theatre Human Resource Department, #3 Summons for Susan Roscoe Fogarty, #4 Summons for Bill O'Donnell, #5 Summons for New York State Division of Human Rights)(see)
June 11, 2021 Filing 1 COMPLAINT WITH JURY DEMAND against City of Albany, We Doe, New York State Division of Human Rights, Bill O'Donnell, Palace Theatre, Palace Theatre Human Resource Department, Palace Theatre Inc., and Susan Roscoe Fogarty (Filing fee $402 receipt number ALB012115) filed by Joe L. Ivey, Jr. (Attachments: #1 Civil Cover Sheet)(see)

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Defendant: We Doe
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Defendant: Susan Roscoe Fogarty
Represented By: Andrew S. Holland
Represented By: Olivia Orlando
Represented By: Peter A. Lauricella
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Defendant: Palace Theatre
Represented By: Andrew S. Holland
Represented By: Olivia Orlando
Represented By: Peter A. Lauricella
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Defendant: Palace Theatre Human Resource Department
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Defendant: New York State Division of Human Rights
Represented By: Christopher Liberati-Conant
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Defendant: Palace Theatre Inc.
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Defendant: City of Albany
Represented By: Abigail W. Rehfuss
Represented By: Stephen J. Rehfuss
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Defendant: Bill O'Donnell
Represented By: Andrew S. Holland
Represented By: Olivia Orlando
Represented By: Peter A. Lauricella
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Defendant: Palace Performing Arts Center, Inc.
Represented By: Andrew S. Holland
Represented By: Olivia Orlando
Represented By: Peter A. Lauricella
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Defendant: Victor P. DeAmelia
Represented By: Christopher Liberati-Conant
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Plaintiff: Joe L. Ivey, Jr.
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