Kampfer v. Fadale et al
| Douglas E. Kampfer |
| Sean H. Fadale and Dr. Mohammad Al-Hasan |
| 1:2022cv01235 |
| November 21, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.
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Filing 22
AFFIDAVIT of Service served on Thomas A. Cullen, Esq. (attorney for defendant, Nathan Littauer Hospital) on 1/16/2023, filed by Douglas E. Kampfer. (khr)
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Filing 21
AFFIDAVIT of Service for letter dated January 7, 2023 served on Howard Jacobowtiz, Esq. on 1/13/2023, filed by Douglas E. Kampfer. (khr)
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Filing 20
Letter/Response regarding Dkt. #12 from Douglas Kampfer. (khr) (Additional attachment(s) added on 1/19/2023: #1 Duplicate Letter sent to the Syracuse Clerk's Office on 1/17/2023) (khr, ).
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Filing 19
TEXT ORDER TO STRIKE NOTICE #17 : Plaintiff Notice #17 and attachments are stricken from the docket and will not be considered by the court. The Clerk of the Court is directed to strike Notice #17 and attachments. This filing violates N.D.N.Y. L.R. 26.2. The court does not accept the filing of discovery materials or correspondence regarding settlement negotiations, such as, Interrogatories, Document Requests, Discovery Responses, subpoenas issued by counsel, etc., unless the court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the court has not directed the filing of correspondence related to discovery or settlement negotiations in this action, nor are Plaintiff submissions in support of a motion filed pursuant to Rule 37, neither discovery related materials, correspondence related to settlement negotiations, nor certificates of service regarding the same are to be filed with the Court. Additionally, Notice #17 does not seek any action from the Court and is stricken on that basis as well. This filing is stricken from the docket and will not be considered by the court. Furthermore, Plaintiff is directed to follow Local Rule 26.2 and all the Local Rules. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/12/2023. (Copy served on Pro Se Plaintiff via regular mail)(jdp )
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Filing 18
AMENDED ANSWER to #1 Complaint by Sean H. Fadale. (Attachments: #1 Affidavit Affidavit of Service)(Burke, Kevin)
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Filing 17
***STRICKEN PURSUANT TO THE COURTS 19 ORDER***NOTICE Re: Settlement filed by Douglas E. Kampfer (khr) (Additional attachment(s) added on 1/11/2023: #1 Duplicate Notice sent to the Syracuse Clerk's Office on 1/11/2023) (khr, ). Modified on 1/13/2023 (jdp, ).
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Filing 16
AFFIDAVIT of Service for General Order #25 with Case Management Plan served on Howard Jacobowitz, Esq. and Kevin Burke, Esq. on 1/5/2023, filed by Douglas E. Kampfer. (khr)
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Filing 15
TEXT ORDER: Letter Motion #12 is DENIED. The Court interprets Letter Motion #12 as a letter motion by Defendant Sean H. Fadale, Nathan Littauer Hospital Administrator, to file an amended pleading, that is, to file an amended pleading to its Answer #7 . Letter Motion #12 is DENIED, in that, it fails to comply with Fed. R. Civ. P. 15 and N.D.N.Y. Local Rules 7.1 & 15.1. If Defendant Sean H. Fadale, Nathan Littauer Hospital Administrator, wishes to amend the pleading Answer #7 , Defendant must comply with Fed. R. Civ. P. 15 and N.D.N.Y. Local Rules 7.1 & 15.1. The time for Defendant to file an amended pleading "once as a matter of course" expires twenty-one days after Defendant served their pleading. See Fed. R. Civ. P. 15(a)(1). Furthermore, a party may amend its pleading only with the opposing party's written consent or the court's leave. See Fed. R. Civ. P. 15(a)(2). Thus, Defendant may file an amended pleading to the Answer by stipulation pursuant to Fed. R. Civ. P. 15(a)(2) or by filing a motion to amend in accordance with Fed. R. Civ. P. 15(a)(2) and N.D.N.Y. Local Rules 7.1 & 15.1. Prior to the filing of any motion, the parties must also comply with N.D.N.Y. Local Rule 7.1, which requires the parties to "make good faith efforts among themselves to resolve or reduce all differences" before seeking court intervention. See N.D.N.Y. L.R. 7.1(a)(2). SO ORDERED by Magistrate Judge Miroslav Lovric on 1/9/2023. (copy served on Plaintiff via regular mail) (jdp )
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Filing 14
NOTICE OF ADMISSION REQUIREMENT as to Party Defendant; Attorney Howard Jacobowitz, Voute, Lohrfink, McAndrew, Meiser & Roberts, 170 Hamilton Avenue, White Plains, NY 10601-1789. Phone number is 914-946-1400. Admissions due by 1/20/2023. (khr)(Mailed Notice, copy of General Order #25, Text Order 9 dated 12/28/2022 on 1/6/2023)
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Filing 13
AFFIDAVIT re #7 Answer to Complaint by Sean H. Fadale. (Cullen, Thomas)
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Filing 12
Letter Motion from Thomas Cullen for Sean H. Fadale requesting 45-day extension of time to answer the Complaint submitted to Judge Miroslav Lovric . (Cullen, Thomas)
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Filing 11
NOTICE of Appearance by Thomas A. Cullen on behalf of Sean H. Fadale (Cullen, Thomas)
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Filing 10
OBJECTIONS to Letter Request filed by Attorney Howard Jacobowitz #8 by Douglas E. Kampfer (khr)
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Filing 9
TEXT ORDER: Letter Motion #8 is GRANTED insofar as and to the extent that Defendant Dr. Mohammad Al-Hasan is directed to respond to the complaint by 2/13/2023. All other deadlines and schedules remain in effect, in that, (1) the Rule 16 Initial Conference remains scheduled for 3/1/2023 at 1:30 p.m., before Magistrate Judge Miroslav Lovric, and will be conducted IN PERSON, at 15 Henry Street, Binghamton, New York, 1st floor courtroom, (2) All Appearances are required, and (3) The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/22/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge Miroslav Lovric on 12/28/2022. (Served on Pro Se Plaintiff via regular mail) (jdp )
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Filing 8
Letter Motion from Howard Jacobowitz attorney for Dr. Mohammad Al-Hasan requesting a 45 day extension of time to answer the Complaint. Submitted to Magistrate Judge Miroslav Lovric. (ztc)
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Filing 7
ANSWER to #1 Complaint by Sean H. Fadale.(Burke, Kevin)
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***Answer due date updated for Mohammad Al-Hasan answer due 12/23/2022; Sean H. Fadale answer due 12/27/2022. (khr)
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on Sean Fadale on 12/6/2022 and served Mohammad Al-Hasan on 12/2/2022, filed by Douglas E. Kampfer. (khr)
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TEXT NOTICE: The Rule 16 Initial Conference scheduled for 3/1/2023 at 1:30 p.m., before Magistrate Judge Miroslav Lovric, will be conducted IN PERSON, at 15 Henry Street, Binghamton, New York, 1st floor courtroom. Appearances are required. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/22/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (Served on Pro Se Plaintiff via regular mail)(jdp )
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Filing 5
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/1/2023 01:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/22/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr, )
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Filing 4
Summons Issued as to Mohammad Al-Hasan. (egr, )
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Filing 3
Summons Issued as to Sean H. Fadale. (egr, )
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Filing 2
PRO SE HANDBOOK, NOTICE, and LOCAL RULES issued and mailed to Douglas E. Kampfer at time complaint was filed (egr, )
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Filing 1
COMPLAINT WITH JURY DEMAND against Mohammad Al-Hasan, Sean H. Fadale (Filing fee $402 receipt number SYR061710) filed by Douglas E. Kampfer. (Attachments: #1 Cover Letter, #2 Civil Cover Sheet, #3 Envelope)(egr)
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