Weaver, Jr. v. New York State Unified Court System et al
| Stanton E. Weaver, Jr. |
| New York State Unified Court System, New York State Judicial Review Committee, Chad Balzer, Balzer & Leary, PLLC, William Newman, Becker, Glynn, Muffly, Chassin & Hosinski LLP and Fleischman Bonner & Rocco LLP |
| 1:2023cv01518 |
| December 4, 2023 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 44
TEXT ORDER: The Rule 16 conference set for 3/4/2024 and the 2/26/2024 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the Motions to Dismiss. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/31/2024. (gmd)
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| Filing 43 RESPONSE TO LETTER BRIEF filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP as to #40 Letter Request/Motion, filed by New York State Judicial Review Committee, New York State Unified Court System . (Attachments: #1 Declaration Declaration of Service)(Swearingen, Walter) |
| Filing 42 AFFIDAVIT of Service for Letter request to Court, Notice of Motion to Dismiss and Memorandum of Law served on Stanton E. Weaver, Jr. on 1-01/26/2024, filed by New York State Judicial Review Committee, New York State Unified Court System. (Dolan, Mark) |
| Filing 41 NOTICE of Due Date to Respond to Motion to Pro Se Plaintiff: Response to #39 Motion to Dismiss is due by February 16, 2024. (Copy served via Regular Mail on Pro Se Plaintiff)(ztc) |
| Filing 40 Letter Motion from Mark J. Dolan for New York State Judicial Review Committee, New York State Unified Court System requesting adjournment of discovery pending decision on motions to dismiss submitted to Judge Daniel J. Stewart . (Dolan, Mark) |
| Filing 39 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by New York State Judicial Review Committee, New York State Unified Court System. Motion returnable before Judge Glenn T. Suddaby. Response to Motion due by 2/16/2024. Reply to Response to Motion due by 2/23/2024 (Attachments: #1 Memorandum of Law) (Dolan, Mark) Modified on 1/26/2024 to reflect correct Judge the Motion is before (ztc). |
| TEXT NOTICE OF FILING DEFICIENCY as to New York State Judicial Review Committee and New York State Unified Court System regarding the #39 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by New York State Judicial Review Committee, New York State Unified Court System. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Defense counsel Mark J. Dolan did not submit a proof of service that they served Pro Se Plaintiff with the #39 Motion to Dismiss. Notice of Filing Deficiency Deadline 1/31/2024 (Copy served on Pro Se Plaintiff) (ztc) |
| Filing 38 CERTIFICATE OF SERVICE by Fleischman Bonner & Rocco LLP re #37 Memorandum of Law Served on Plaintiff Stanton E. Weaver, Jr. (Rocco, Patrick) |
| Filing 37 MEMORANDUM OF LAW re #29 Motion to Dismiss/Lack of Subject Matter Jurisdiction, Reply Memorandum of Law filed by Fleischman Bonner & Rocco LLP. (Rocco, Patrick) |
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Filing 36
TEXT ORDER granting #20 Motion for Limited Admission Pro Hac Vice as to Michael Z. Landsman for Defendant Becker, Glynn, Muffly, Chassin & Hosinski LLP. Counsel is reminded that, once the below is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. 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. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/4/2024. (gmd)
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| Filing 35 CERTIFICATE OF SERVICE by Becker, Glynn, Muffly, Chassin & Hosinski LLP re #34 Reply to Response to Motion, (Swearingen, Walter) |
| Filing 34 REPLY to Response to Motion re #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby MOTION to Dismiss for Failure to State a Claim filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. (Swearingen, Walter) |
| Filing 33 RESPONSE in Opposition to #29 MOTION to Dismiss filed by Fleischman Bonner & Rocco LLP. Filed by Stanton E. Weaver, Jr. (ztc) |
| Filing 32 Plaintiff's Opposition to #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby MOTION to Dismiss for Failure to State a Claim filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby filed by Stanton E. Weaver, Jr. (jel, )(Filed via MFT on 12/28/23) |
| Filing 31 NOTICE of Due Date to Respond to Motion to pro se plaintiff: Response to #29 Motion to Dismiss is due by 1/17/2024. (Copy served on Pro Se Plaintiff via Regular Mail) (ztc) |
| Filing 30 CERTIFICATE OF SERVICE by Fleischman Bonner & Rocco LLP re #26 Notice of Appearance, #29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Fleischman Bonner & Rocco LLP. Motion returnable before Judge Glenn T. Suddaby, #27 Notice of Appearance Served on Plaintiff Stanton E. Weaver, Jr. (Rocco, Patrick) |
| Filing 29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Fleischman Bonner & Rocco LLP. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 1/17/2024. Reply to Response to Motion due by 1/24/2024 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss) (Rocco, Patrick) |
| Filing 28 SUMMONS Returned Executed by Stanton E. Weaver, Jr. Chad Balzer served on 12/18/2023. (Filed via MFT on 12/27/23) (ztc) . |
| Filing 27 NOTICE OF APPEARANCE by Susan M. Davies on behalf of Fleischman Bonner & Rocco LLP (Davies, Susan) |
| Filing 26 NOTICE OF APPEARANCE by Patrick L. Rocco on behalf of Fleischman Bonner & Rocco LLP (Rocco, Patrick) |
| Filing 25 TEXT ORDER granting Attorney Dolan's #18 letter requesting an extension of time for Defendants New York State Judicial Review Committee and New York State Unified Court System to file an answer or otherwise move with regard to Plaintiff's Complaint on or before 2/2/2024. SO ORDERED by U.S. District Judge Glenn T Suddaby on 12/26/2023. (sal) (Served plaintiff by regular mail) |
| Filing 24 CERTIFICATE OF SERVICE by Becker, Glynn, Muffly, Chassin & Hosinski LLP re #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby MOTION to Dismiss for Failure to State a Claim filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby, #19 Notice of Appearance (Swearingen, Walter) |
| Filing 23 NOTICE of Due Date to Respond to Motion to pro se plaintiff Stanton E. Weaver, Jr.: Response to #21 motion to dismiss is due by 1/11/2024.(ztc) |
| Filing 22 AFFIDAVIT of Service for Notice of Appearance served on Stanton E. Weaver, Jr. on 12/21/2023, filed by New York State Judicial Review Committee, New York State Unified Court System. (Dolan, Mark) |
| Filing 21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby, MOTION to Dismiss for Failure to State a Claim filed by Becker, Glynn, Muffly, Chassin & Hosinski LLP. Motion returnable before Judge Suddaby Response to Motion due by 1/11/2024. Reply to Response to Motion due by 1/18/2024 (Attachments: #1 Memorandum of Law, #2 Declaration of Zeb Landsman) (Swearingen, Walter) |
| Filing 20 MOTION for Limited Admission Pro Hac Vice of Michael Zeb Landsman Filing fee $100, receipt number ANYNDC-6555395. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Walter E. Swearingen, #2 Supplement Petition of Michael Zeb Landsman, #3 Supplement Certificate of Good Standing, #4 Supplement Registration Form) Motions referred to Daniel J. Stewart. (Swearingen, Walter) |
| Filing 19 NOTICE OF APPEARANCE by Walter E. Swearingen on behalf of Becker, Glynn, Muffly, Chassin & Hosinski LLP (Swearingen, Walter) |
| Filing 18 Letter Motion from Mark J. Dolan for New York State Judicial Review Committee, New York State Unified Court System requesting extension of time to answer or submit motion to dimiss submitted to Judge Daniel J. Stewart . (Dolan, Mark) |
| Filing 17 NOTICE OF APPEARANCE by Mark J. Dolan on behalf of New York State Judicial Review Committee, New York State Unified Court System (Dolan, Mark) |
| Filing 16 REPLY to Response to Motion re #8 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim without Leave to Amend filed by Chad Balzer, Balzer & Leary, PLLC, William Newman. Together with Affidavits of Service, filed by Chad Balzer, Balzer & Leary, PLLC, William Newman. (Attachments: #1 Affidavit Affidavit of Service of Initial Motion Papers, #2 Affidavit Affidavit of Service of Reply Papers)(Newman, William) |
| TEXT NOTICE OF FILING DEFICIENCY as to Becker, Glynn, Muffly, Chassin & Hosinski LLP regarding the #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and #19 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction should be made within 3 days of this notice. Defense counsel did not submit a proof of service that they served Pro Se Plaintiff with the #19 Notice of Appearance by Walter E. Swearingen and #21 MOTION to Dismiss. Notice of Filing Deficiency Deadline 12/27/2023 (ztc) |
| Filing 15 REPLY to Response to Motion re #8 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim without Leave to Amend filed by Chad Balzer, Balzer & Leary, PLLC, William Newman. filed by Chad Balzer, Balzer & Leary, PLLC, William Newman. (Newman, William) |
| TEXT NOTICE OF FILING DEFICIENCY as to Chad Balzer, Balzer & Leary, PLLC, William Newman regarding the #15 Reply to Response to Motion, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. Defense counsel did not submit a proof of service that they served Pro Se Plaintiff with the Reply to #8 Motion to Dismiss. Notice of Filing Deficiency Deadline 12/26/2023 (ztc) |
| Filing 14 RESPONSE in Opposition re #8 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim without Leave to Amend filed by Chad Balzer, Balzer & Leary, PLLC, William Newman. Filed by Stanton E. Weaver, Jr.. (Attachments: #1 Affidavit of Service serving Docket #6 and Response to MTD) (Filed via MFT on 12/15/2023) (ztc) |
| Filing 13 SUMMONS Returned Executed by Stanton E. Weaver, Jr.. New York State Unified Court System served on 12/8/2023, answer due 12/29/2023. (Filed via MFT on 12/15/2023) (ztc) |
| Filing 12 SUMMONS Returned Executed by Stanton E. Weaver, Jr.. New York State Judicial Review Committee served on 12/7/2023, answer due 12/28/2023. (Filed via MFT on 12/15/2023) (ztc) |
| Filing 11 SUMMONS Returned Executed by Stanton E. Weaver, Jr.. Fleischman Bonner & Rocco LLP served on 12/6/2023, answer due 12/27/2023. (Filed via MFT on 12/15/2023) (ztc) |
| Filing 10 SUMMONS Returned Executed by Stanton E. Weaver, Jr.. Becker, Glynn, Muffly, Chassin & Hosinski LLP served on 12/6/2023, answer due 12/27/2023. (Filed via MFT on 12/15/2023) (ztc) |
| Filing 9 SUMMONS Returned Executed by Stanton E. Weaver, Jr.. Chad Balzer served on 12/8/2023, answer due 12/29/2023; Balzer & Leary, PLLC served on 12/8/2023, answer due 12/29/2023. (Filed via MFT on 12/15/2023) (ztc) |
| Filing 8 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim without Leave to Amend filed by Chad Balzer, Balzer & Leary, PLLC, William Newman. Response to Motion due by 1/2/2024. Reply to Response to Motion due by 1/8/2024 (Attachments: #1 Memorandum of Law) (Newman, William) |
| Filing 7 NOTICE OF APPEARANCE by William H. Newman on behalf of Chad Balzer, Balzer & Leary, PLLC, William Newman (Newman, William) |
| Filing 6 AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/4/2024 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/26/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) This General Order 25 reflect the correct year, the #3 General Order 25 reflects the wrong year of the Rule 16 Conference. This General Order 25 has been served on Pro Se Plaintiff via USPS along with copies for service on defendants. (egr) |
| Filing 5 Pro Se MOTION for Permission to File Electronically in ECF filed by Stanton E. Weaver, Jr. Motions referred to Daniel J. Stewart. (kck) |
| Filing 4 PRO SE HANDBOOK and NOTICE issued and explained at counter at time complaint was filed.(kck) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial RULE 16 Conference set for 3/4/2024 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/26/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Served on pro se plaintiff at public counter in Albany. (kck) |
| Filing 2 Summons Issued as to New York State Unified Court System, New York State Judicial Review Committee, Chad Balzer, Balzer & Leary, PLLC, William Newman, Becker, Glynn, Muffly, Chassin & Hosinski LLP, Fleischman Bonner & Rocco LLP. (Attachments: #1 Summons Issued as to State of New York Judicial Review Committee, #2 Summons Issued as to Chad Balzer, #3 Summons Issued as to Balzer & Leary PLLC, #4 Summons Issued as to William Newman, #5 Summons Issued as to Becker, Glynn, Muffly, Chassin & Hosinski LLP, #6 Summons Issued as to Fleischman Bonner & Rocco LLP) Served on pro se plaintiff at Albany Counter at time of filing. (kck) |
| Filing 1 COMPLAINT WITH JURY DEMAND against New York State Unified Court System, New York State Judicial Review Committee, Chad Balzer, Balzer & Leary, PLLC, William Newman, Becker, Glynn, Muffly, Chassin & Hosinski LLP, Fleischman Bonner & Rocco LLP, (Filing fee $405 receipt number 100000326) filed by Stanton E. Weaver, Jr.(Attachments: #1 Exhibit(s) List and Exhibits, #2 Civil Cover Sheet)(kck) |
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