MacDonald et al v. Manley et al
| Daniel MacDonald, Elizabeth MacDonald and Joseph MacDonald |
| The Price Group, M.D. Myrl Ray Stephen Manley, May D. Peach and Right Direction Crisis Intervention |
| EDUCATION PLUS, CORP. doing business as Family Foundation School also known as Allynwood Academy and Allynwood Academy |
| Joseph C. Teresi |
| 3:2018cv00520 |
| April 27, 2018 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Delaware |
| David N Hurd |
| David E Peebles |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.
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Filing 56
ORDER ON STIPULATION OF DISCONTINUANCE.. Signed by Judge David N. Hurd on 6/7/2019. (ptm)
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| Filing 55 STIPULATION of Dismissal by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
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Filing 54
ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Judge David N. Hurd on 5/10/2019. (hmr)
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Filing 53
TEXT ORDER : Based upon the #52 Letter Brief, this action is settled. The telephone conference set for today, 5/9/2019, is therefore cancelled. The parties are directed to file a stipulation of dismissal within thirty (30) days of today's date. Authorized by Magistrate Judge David E. Peebles on 5/9/2019. (sal )
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| Filing 52 LETTER BRIEF Case Settled by Daniel MacDonald. (DeSimone, Ralph) |
| Set Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the Telephone Conference set for 5/9/2019 at 3:00 PM is RESCHEDULED for 4:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal ) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #51 Answer to Third Party Complaint: Clerk replaced this document with one that had the paragraphs correctly numbered. The original document that was filed had the paragraphs misnumbered. (hmr) |
| Filing 51 Third-Party Defendant's ANSWER to #42 Third Party Complaint by EDUCATION PLUS, CORP..(Scolamiero, Peter) (Main Document 51 replaced on 4/16/2019) (hmr, ). |
| Filing 50 NOTICE of Appearance by Peter M. Scolamiero on behalf of EDUCATION PLUS, CORP. (Scolamiero, Peter) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/12/2019. The parties discuss the status of the related state court case, which remains pending. Both sides anticipate retaining experts. Magistrate Judge Peebles reminds the parties of the deadlines. Parties are discussing settlement of the related state court action and if that case is resolved, then most likely this action will be as well. Next telephone conference is set for 5/9/2019 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Ralph DeSimone, Esq., David Beke, Esq., Charles Kutner, Esq., and Peter Scolamiero, Esq. (sal, ) |
| Set Hearings: A Telephone Conference is set for 5/9/2019 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal ) |
| ***Answer deadline set for EDUCATION PLUS, CORP., to 4/12/2019. (jmb) |
| Filing 49 AFFIDAVIT of Service for Third Part Summons and Complaint against Education Plus Corp. served on NY Secretary of State on March 7, 2019, filed by Myrl Ray Stephen Manley. (Kutner, Charles) |
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Filing 48
ORDER approving #45 Stipulation of Dismissal as to plaintiffs Elizabeth MacDonald and Joseph MacDonald only against defendant Myrl Stephen Manley, M.D. with prejudice and without costs to any party. Signed by Magistrate Judge David E. Peebles on 3/22/2019. (sal)
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Filing 47
ORDER approving #46 Stipulation of Dismissal as to defendant Right Direction Crisis Intervention only, with prejudice, on the merits, without costs to any party as against the other. Signed by Magistrate Judge David E. Peebles on 3/22/2019. (sal )
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| Filing 46 STIPULATION of Dismissal against Right Direction Crisis Intervention by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
| Filing 45 STIPULATION of Dismissal against Myrl Ray Stephen Manley, M.D. by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
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Filing 44
TEXT ORDER : During a telephone conference conducted on February 12, 2019, plaintiffs' counsel advised the court that a stipulation of dismissal as to defendant Right Direction Crisis Intervention ("RDCI") will be filed shortly since the case settled through mandatory mediation with respect to this defendant on February 5, 2019. To date, this has not been accomplished. Plaintiffs' counsel is hereby directed to either file a stipulation of dismissal with respect to defendant RDCI or a status report on or before 3/25/2019. Additionally, if plaintiffs Elizabeth MacDonald and Joseph MacDonald do not intend to proceed with the claims against defendants in this action, as stated during the telephone conference on February 12, 2019, then plaintiffs' counsel must file a stipulation of discontinuance reflecting this, as well. Authorized by Magistrate Judge David E. Peebles on 3/18/2019. (sal, )
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| Filing 43 Summons Issued as to Third Party Defendant Education Plus, Corp.. (sal ) |
| Filing 42 First THIRD PARTY COMPLAINT against EDUCATION PLUS, CORP. filed by Myrl Ray Stephen Manley. (Attachments: #1 Exhibit(s) Complaint, #2 Exhibit(s) Answer)(Kutner, Charles) |
| ADR COMPLETED - Case settled in part. Mediator Joseph C. Teresi terminated. (nmk) |
| Filing 41 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on February 5,2019. Total Hours Spent by Mediator: 9.8; The outcome of Mandatory Mediation is: CASE HAS SETTLED IN PART. A report outlining the terms of partial settlement will be filed within 30 days. (Teresi, Joseph) |
| Set Hearings: A Telephone Conference is set for 4/12/2019 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiffs' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/12/2019. Plaintiffss Elizabeth MacDonald and Joseph MacDonald will be discontinued from the action and a stipulation reflecting this will be filed with the court shortly. Additionally, a stipulation of dismissal as to RDCI will be filed since the parties settled with respect to this defendant during mandatory mediation. The mediator Joseph C. Teresi has not yet filed the mandatory mediation report with the court. Parties will continue to discuss settlement of the remaining defendant. Parties have exchanged written discovery. Defendant may file a third party complaint as to the school. Judge reminds defendant's counsel of the joinder and amendment deadlines that are set to expire at the end of this month. Expert retention is anticipated. Next telephone conference is set for 4/12/2019 at 3:00 PM. Plaintiffs' counsel is directed to initiate the call to Chambers. APP: Ralph Desimone, Esq., Charles Kutner, Esq., and David Beke, Esq.. (appearance not yet filed with the court) (sal ) |
| Filing 40 NOTICE by Right Direction Crisis Intervention (Hurley, Anne) |
| Filing 39 AMENDED ANSWER to COMPLAINT , CROSSCLAIM against All Defendants by Myrl Ray Stephen Manley. (Kutner, Charles) |
| Filing 38 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Joseph Teresi has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: David Beke and Charles Kutner and Anne Hurley. Dated: 12/13/2018(DeSimone, Ralph) |
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Filing 37
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 7 days. Preferred Trial Location: Utica. Joinder of Parties due by 2/28/2019. Amended Pleadings due by 2/28/2019. Completion of Mandatory Mediation due by 2/28/2019. Completion of all Discovery due by 8/31/2019. Dispositive Motions must be filed by 10/31/2019. PLEASE SEE ATTACHED ADDENDUM REGARDING REQUESTS FOR EXTENSIONS OF TIME. Signed by Magistrate Judge David E. Peebles on 11/14/2018. (Attachments: #1 Addendum)(sal )
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Filing 36
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 12/12/2018. Deadline for completion of Mandatory Mediation is 2/28/2019. Signed by Magistrate Judge David E. Peebles on 11/14/2018. (sal )
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| Text Only Minute Entry for proceedings held before Magistrate Judge David E. Peebles: CRD: John Law. Initial Pretrial Conference held on 11/14/2018. Appearances Made: Ralph Desimone and David Beke, Esqs., for plaintiffs, Charles Kutner, Esq., for Defendant M.D. Myrl Ray Stephen Manley and Anne Hurley, Esq., for defendant Right Direction Crisis Intervention. Court discusses matter with plaintiff's counsel regarding view of case. Court inquires of settlement discussions and any demand(s) made. Mandatory disclosure to be produced. Defendants have served written demands. Plaintiffs to serve written demands. Court discusses expert retention. Defendant Manley requests permission to file amended answer. Court grants permission. Joinder of Parties and Amended Pleadings Deadlines set for February 28, 2019. Discovery deadline set for August 31, 2019. Motion filing deadline set for October 31, 2019. Jury demand made. Jury trial estimated length 7 days. Trial to take place before Judge Hurd in Utica. Mandatory Mediation deadline set for February 28, 2019. Court states if any issues, parties should file a letter in summarize in 1 paragraph the issue to the court for requesting a conference. Court sets telephone conference for February 12, 2019 at 3:00 p.m. Plaintiffs' counsel to initiate conference. (Court Reporter None) Time: 10:30-10:55 a.m. (jel, ) |
| Set Hearings: A Telephone Conference is set for 2/12/2019 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal ) |
| Filing 35 CIVIL CASE MANAGEMENT PLAN by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
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Filing 34
TEXT ORDER : An IN PERSON Initial Conference is set for 11/14/2018 at 10:30 AM at the U.S. Courthouse, 445 Broadway, in Albany, NY before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/7/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). Authorized by Magistrate Judge David E. Peebles on 10/9/2018. (sal )
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Filing 33
NOTICE OF VOLUNTARY DISMISSAL AND ORDER dismissing deft's May D. Peach and The Price Group from this action. Signed by Judge David N. Hurd on October 1, 2018. (jdp, )
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| Filing 32 NOTICE of Voluntary Dismissal by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald (DeSimone, Ralph) |
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Filing 31
TEXT ORDER granting #30 Letter Request to adjourn the Rule 16 Conference set for 8/17/2018 at 10:00 AM in Binghamton before Magistrate Judge David E. Peebles without date pending a decision on the #22 Motion to Dismiss. Authorized by Magistrate Judge David E. Peebles on 8/8/2018. (sal)
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| Filing 30 Letter Motion from ralph DeSimone for Daniel MacDonald, Elizabeth MacDonald, Elizabeth MacDonald, Joseph MacDonald, Joseph MacDonald requesting Adjournment of Case Management Conference submitted to Judge Peebles . (DeSimone, Ralph) |
| Filing 29 REPLY to Response to Motion re #22 MOTION to Dismiss for Failure to State a Claim filed by May D. Peach, The Price Group. (Roundtree, Al) |
| Filing 28 ANSWER to #16 Answer to Complaint, Crossclaim by May D. Peach, The Price Group.(Roundtree, Al) |
| Filing 27 TEXT ORDER ON DISPOSITIVE MOTION - GRANTING EXTENSION OF REPLY DEADLINE TO AUGUST 1, 2018 AND TAKING MOTION ON SUBMIT: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: #26 Letter Motion from Al Roundtree, Esq. for May D. Peach, The Price Group requesting an extension of time to file a reply to August 1, 2018 is Granted and further that #22 MOTION to Dismiss for Failure to State a Claim Motion, returnable on August 10, 2018, is hereby ordered taken ON SUBMITTED PAPERS ONLY with no appearances by either party required or allowed. Written opinion to follow. (ptm) |
| Filing 26 Letter Motion from Al Roundtree for May D. Peach, The Price Group requesting extension of time to file reply submitted to Judge Hurd . (Roundtree, Al) |
| Filing 25 RESPONSE to Motion re #22 MOTION to Dismiss for Failure to State a Claim filed by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (Attachments: #1 Declaration, #2 Exhibit(s) A)(DeSimone, Ralph) |
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Filing 24
TEXT ORDER approving #23 Stipulation to extend the time for defendants The Price Group and May D. Peach to answer, serve a motion, or otherwise respond to defendant Right Direction Crisis Intervention's #16 cross-claim on or before 7/31/2018. Defendants The Price Group and May D. Peach waive any objection or challenge to the sufficiency of service of the RD Cross-claim. Authorized by Magistrate Judge David E. Peebles on 7/11/2018. (sal)
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| Filing 23 STIPULATION re: time to respond to cross-claim by May D. Peach, The Price Group. (Roundtree, Al) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/10/2018 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/24/2018 Reply to Response to Motion due by 7/30/2018. filed by May D. Peach, The Price Group. (Attachments: #1 Memorandum of Law) (Roundtree, Al) |
| Filing 21 NOTICE of Appearance by Usher Winslett on behalf of May D. Peach, The Price Group (Winslett, Usher) |
| Filing 20 STIPULATION re: time to respond to complaint by May D. Peach, The Price Group. (Roundtree, Al) |
| Filing 19 NOTICE of Appearance by Al Roundtree on behalf of May D. Peach, The Price Group (Roundtree, Al) |
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Filing 18
TEXT ORDER : Due to a conflict with Magistrate Judge Peebles' schedule, the IN PERSON Initial Rule 16 Conference set for 8/3/2018 at 10:30 AM is RESCHEDULED for 8/17/2018 at 10:00 AM at the U.S. Courthouse in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/10/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Authorized by Magistrate Judge David E. Peebles on 6/25/2018. (sal )
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| Filing 17 ANSWER to #16 Answer to Complaint, Crossclaim by Myrl Ray Stephen Manley.(Solomon, Tracy) |
| Filing 16 Amended ANSWER to #1 Complaint, , CROSSCLAIM against Myrl Ray Stephen Manley, May D. Peach, The Price Group by Right Direction Crisis Intervention.(Hurley, Anne) |
| Filing 15 NOTICE to Take Deposition of all parties by Right Direction Crisis Intervention.(Hurley, Anne) |
| Filing 14 DEMAND for Trial by Jury by Right Direction Crisis Intervention. (Hurley, Anne) |
| Filing 13 ANSWER to #1 Complaint, , CROSSCLAIM against Myrl Ray Stephen Manley, The Price Group, May D. Peach, COUNTERCLAIM against Elizabeth MacDonald, Joseph MacDonald by Right Direction Crisis Intervention.(Hurley, Anne) |
| ***Answer deadlines set as follows: for Right Direction Crisis Intervention - answer due 6/1/2018; for The Price Group - answer due 6/4/2018 and for May D. Peach - answer due 6/20/2018. (jmb) |
| Filing 12 NOTICE of Appearance by Tracy Solomon on behalf of Myrl Ray Stephen Manley (Solomon, Tracy) |
| Filing 11 AFFIDAVIT of Service for summons and complaint, civil cover sheet served on Right Direction Crisis Intervention on 05/14/2018, filed by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) (Main Document 11 replaced on 7/30/2018) (jmb, ). |
| Filing 10 AFFIDAVIT of Service for summons and complaint, civil cover sheet served on The Price Group on 05/11/2018, filed by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
| Filing 9 AFFIDAVIT of Service for summons and complaint, civil cover sheet served on May D. Peach on 05/30/2018, filed by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
| Filing 8 AFFIDAVIT of Service for summons and complaint, civil cover sheet served on Myri Ray Stephen Manley on 05/08/2018, filed by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
| Filing 7 NOTICE of Appearance by Victor Bota on behalf of Myrl Ray Stephen Manley (Bota, Victor) |
| Filing 6 ANSWER to #1 Complaint, by Myrl Ray Stephen Manley.(Kutner, Charles) |
| Filing 5 NOTICE of Appearance by Charles Kutner on behalf of Myrl Ray Stephen Manley (Kutner, Charles) |
| ***Answer deadline set for Myrl Ray Stephen Manley to 5/29/2018. (jmb) |
| Filing 4 AFFIDAVIT of Service for Affidavit of Service served on Myrl Ray Stephen Manley on 5/8/2018, filed by Daniel MacDonald, Elizabeth MacDonald, Joseph MacDonald. (DeSimone, Ralph) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 8/3/2018 at 10:30 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/27/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 2 Summons Issued as to Myrl Ray Stephen Manley. (Attachments: #1 Summons issued for Right Direction Crisis Intervention, #2 Summons issued for The Price Group, #3 Summons issued for May D. Peach) (jmb) |
| Filing 1 COMPLAINT WITH JURY DEMAND: against Myrl Ray Stephen Manley, Right Direction Crisis Intervention, The Price Group and May D. Peach (Filing fee $400 receipt number ANYNDC-4367250) filed by Daniel MacDonald, Elizabeth MacDonald and Joseph MacDonald. (Attachments: #1 Exhibit A - Letter dated 9/8/2010, #2 Exhibit B - OXBOW Academy Website, #3 Civil Cover Sheet) (jmb) |
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