Merckx et al v. Rensselaer County et al
| Daniel J. Merckx, Timothy S. Laraway, Jr., Barbara Snashell and Chignard Noelizaire |
| Rensselaer County, Mark Wojcik, Cattaraugus County, Matthew J. Keller, City of Port Jervis, Laura Quick and State of New York |
| 1:2023cv01354 |
| October 30, 2023 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| Gary L Sharpe |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 52 NOTICE OF APPEARANCE by David H. Fink on behalf of Timothy S. Laraway, Jr, Daniel J. Merckx, Chignard Noelizaire, Barbara Snashell (Fink, David) |
| Filing 51 NOTICE OF APPEARANCE by Nathan Joshua Fink on behalf of Timothy S. Laraway, Jr, Daniel J. Merckx, Chignard Noelizaire, Barbara Snashell (Fink, Nathan) |
| Filing 50 NOTICE OF APPEARANCE by Kat J Mail on behalf of All Plaintiffs (Mail, Kat) |
| Filing 49 NOTICE OF APPEARANCE by Elizabeth F. Quinby on behalf of All Plaintiffs (Quinby, Elizabeth) |
| Filing 48 NOTICE OF APPEARANCE by Shana Solomon on behalf of All Plaintiffs (Solomon, Shana) |
| Filing 47 NOTICE OF APPEARANCE by Gregory P. Hansel on behalf of All Plaintiffs (Hansel, Gregory) |
Filing 46
TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice, Katherine Mail, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 12/5/2023. (tab)
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| Filing 45 Supplemental Admission documents re: #15 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
| Filing 44 NOTICE OF APPEARANCE by Joseph C. Kohn on behalf of All Plaintiffs (Kohn, Joseph) |
| Filing 43 NOTICE OF APPEARANCE by Elias A. Kohn on behalf of All Plaintiffs (Kohn, Elias) |
| Filing 42 NOTICE OF APPEARANCE by Zahra Dean on behalf of All Plaintiffs (Dean, Zahra) |
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Filing 41
TEXT ORDER granting #21 Motion for Limited Admission Pro Hac Vice of Joseph C. Kohn, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/27/2023. (tab)
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Filing 40
TEXT ORDER granting #19 Motion for Limited Admission Pro Hac Vice of Elias A. Kohn, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/27/2023. (tab)
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Filing 39
TEXT ORDER granting #16 Motion for Limited Admission Pro Hac Vice of Shana M. Solomon, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/27/2023. (tab)
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Filing 38
TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice of Michael D. Hanify, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/27/2023. (tab)
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| Filing 37 CLERK'S CORRECTION OF DOCKET ENTRY re 33 Text Order approving Stipulation: The docket text is reflected to indicate that the Answer Deadline has been updated, as per the Stipulation, to 1/8/2024, applies to all named defendants. (tab) |
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Filing 36
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice of Gregory P. Hansel, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/27/2023. (tab)
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Filing 35
TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice of Elizabeth F. Quinby, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/27/2023. (tab)
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| ***Answer due date updated for City of Port Jervis answer due 1/8/2024; Laura Quick answer due 1/8/2024; Rensselaer County answer due 1/8/2024; State of New York answer due 1/8/2024; Mark Wojcik answer due 1/8/2024. (tab) |
| Filing 34 NOTICE OF APPEARANCE by Jacob J. Honan on behalf of Cattaraugus County, Matthew J. Keller (Honan, Jacob) |
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Filing 33
TEXT ORDER approving #32 Stipulation filed by Cattaraugus County, Matthew J. Keller and on behalf of all named defendants: Answer due date updated for all named defendants and is reset for 1/8/2024. Authorized by Magistrate Judge Christian F. Hummel on 11/22/2023. (tab) Modified on 11/27/2023 to reflect new deadline is for all named defendants (tab).
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Filing 32
STIPULATION And Order Regarding Extension of Time To Answer, Move, Or Otherwise Respond to Complaint by Cattaraugus County, Matthew J. Keller submitted to Judge Christian F. Hummel. (Knights, Aaron)
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| Filing 31 NOTICE OF APPEARANCE by Aaron W. Knights on behalf of Cattaraugus County, Matthew J. Keller (Knights, Aaron) |
| Filing 30 Supplemental Admission documents re: #14 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
| Filing 29 Supplemental Admission documents re: #12 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
| Filing 28 Supplemental Admission documents re: #16 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
| Filing 27 Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
| Filing 26 Supplemental Admission documents re: #19 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
| Filing 25 Supplemental Admission documents re: #21 Motion for Limited Admission Pro Hac Vice, [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY]. (Carpinello, George) |
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Filing 24
TEXT ORDER granting #20 Motion for Limited Admission Pro Hac Vice of Zahra R. Dean, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/21/2023. (tab)
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Filing 23
TEXT ORDER granting #18 Motion for Limited Admission Pro Hac Vice of David H. Fink, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/21/2023. (tab)
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Filing 22
TEXT ORDER granting #17 Motion for Limited Admission Pro Hac Vice of Nathan J. Fink, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/21/2023. (tab)
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| Notice of Attorney Admission Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of Gregory P. Hansel. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Notice of Attorney Admission Filing Deficiency re: #12 Motion for Limited Admission Pro Hac Vice of Elizabeth Fletcher Quinby. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Notice of Attorney Admission Filing Deficiency re: #15 Motion for Limited Admission Pro Hac Vice of Katherine Mail. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Notice of Attorney Admission Filing Deficiency re: #14 Motion for Limited Admission Pro Hac Vice of Michael D. Hanify. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Notice of Attorney Admission Filing Deficiency re: #16 Motion for Limited Admission Pro Hac Vice of Shana M. Solomon. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Notice of Attorney Admission Filing Deficiency re: #19 Motion for Limited Admission Pro Hac Vice of Elias A. Kohn. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Notice of Attorney Admission Filing Deficiency re: #21 Motion for Limited Admission Pro Hac Vice of Joseph C. Kohn. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a Certificate of Good Standing issued by a Court within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad) |
| Filing 21 MOTION for Limited Admission Pro Hac Vice of Joseph C. Kohn Filing fee $100, receipt number ANYNDC-6513087. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 20 MOTION for Limited Admission Pro Hac Vice of Zahra R. Dean Filing fee $100, receipt number ANYNDC-6513086. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 19 MOTION for Limited Admission Pro Hac Vice of Elias A. Kohn Filing fee $100, receipt number ANYNDC-6513085. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 18 MOTION for Limited Admission Pro Hac Vice of David H. Fink Filing fee $100, receipt number ANYNDC-6513084. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 17 MOTION for Limited Admission Pro Hac Vice of Nathan J. Fink Filing fee $100, receipt number ANYNDC-6513083. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 16 MOTION for Limited Admission Pro Hac Vice of Shana M. Solomon Filing fee $100, receipt number ANYNDC-6513082. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Katherine Mail Filing fee $100, receipt number ANYNDC-6513081. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 14 MOTION for Limited Admission Pro Hac Vice of Michael D. Hanify Filing fee $100, receipt number ANYNDC-6513080. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of Gregory P. Hansel Filing fee $100, receipt number ANYNDC-6513079. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 12 MOTION for Limited Admission Pro Hac Vice of Elizabeth F. Quinby Filing fee $100, receipt number ANYNDC-6513078. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor, #2 E-Filing Registration Form, #3 Petition for Admission, #4 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Carpinello, George) |
| Filing 11 TEXT ORDER OF RECUSAL. U.S. District Judge Anne M. Nardacci recused. Case reassigned to Senior Judge Gary L. Sharpe for all further proceedings. Magistrate Judge Christian F. Hummel will remain as the assigned Magistrate Judge. Signed by U.S. District Judge Anne M. Nardacci on 11/14/2023. (mab) |
| Filing 10 TEXT ORDER OF RECUSAL. U.S. District Judge Mae A. D'Agostino recused. Case reassigned to U.S. District Judge Anne M. Nardacci for all further proceedings. Magistrate Judge Christian F. Hummel will remain as the assigned Magistrate Judge. Signed by U.S. District Judge Mae A. D'Agostino on 11/14/2023. (ban) |
| Filing 9 Summonses Issued as to Cattaraugus County, City of Port Jervis, and Rensselaer County. (Attachments: #1 Summons for Cattaraugus County, #2 Summons for City of Port Jervis)(see) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS(ES): Barbara Snashell, Timothy S. Laraway, Jr, Daniel J. Merckx, Chignard Noelizaire is requesting summons(es) be issued as to Cattaraugus County, City of Port Jervis, Rensselaer County (Attachments: #1 Proposed Summons, #2 Proposed Summons)(Carpinello, George) |
| Filing 7 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (see) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #2 Summons Issued NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint for defendants Rensselaer County, Cattaraugus County, and City of Poart Jervis. Counsel is directed to file proposed summons(es) on the docket in this case using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 11/6/2023 (see) |
| Filing 6 NOTICE OF ADMISSION REQUIREMENT as to Party plaintiffs; Attorneys Joseph C. Kohn, Zahra R. Dean, and Elias A. Kohn, Email addresses are jkohn@kohnswift.com, zdean@kohnswift.com, and ekohn@kohnswift.com. Phone number is (215) 238-1700. Admissions due by 11/14/2023. {Emailed to attorneys along with copies of GO25 on 10/31/2023}(see) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to plaintiffs; Attorneys David H. Fink and Nathan J. Fink, Email addresses are dfink@finkbressack.com and nfink@finkbressack.com. Phone number is (248) 971-2500. Admissions due by 11/14/2023. {Emailed to attorneys on 10/31/2023 along with a copy of GO25}(see) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to plaintiffs; Attorneys Gregory P. Hansel, Shana M. Solomon, Elizabeth F. Quinby, Michael D. Hanify, and Kat Mail, Email addresses are ghansel@preti.com, ssolomon@preti.com, equinby@preti.com, mhanify@preti.com, and kmail@preti.com. Phone number is (207)791-3000. Admissions due by 11/14/2023. {Emailed to all attorneys along with GO25 on 10/31/2023}(see) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/29/2024 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 1/22/2024. (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) |
| Filing 2 Summonses Issued as to Matthew J. Keller, Laura Quick, State of New York, and Mark Wojcik. (Attachments: #1 Summons for State of New York, #2 Summons for Matthew Keller, #3 Summons for Laura Quick)(see) |
| Filing 1 CLASS ACTION COMPLAINT WITH JURY DEMAND against Cattaraugus County, City of Port Jervis, Matthew J. Keller, Laura Quick, Rensselaer County, State of New York, and Mark Wojcik (Filing fee $402 receipt number ANYNDC-6495450) filed by Barbara Snashell, Timothy S. Laraway, Jr, Daniel J. Merckx, and Chignard Noelizaire. (Attachments: #1 Civil Cover Sheet)(see) |
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