Sprole v. The State of New York et al
| Linda S. Sprole |
| Christopher D. Jagel, Esq., Macht, Brenizer & Gingold, P.C., Harris Beach, PLLC, Susan C. Kirby, Esq., Donald J. Martin, Esq., Robert R. Sprole, III, Harlan B. Gingold, Esq., The State of New York, Alderman and Alderman, Richard B. Alderman, Esq. and Joch & Kirby |
| 3:2020cv00649 |
| June 10, 2020 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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| Filing 31 AFFIDAVIT of Service for Wavier of service, Complaint and General Order 25 served on Lucy Gold, Esq. on July 30, 2020, filed by Linda S. Sprole. (Attachments: #1 Waiver of Service of Summons - Unexecuted, #2 Mailing Envelope)(mgh) |
| Filing 30 MOTION to Dismiss Motion Hearing set for 9/11/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 8/25/2020 Reply to Response to Motion due by 8/31/2020. filed by Harris Beach, PLLC, Christopher D. Jagel, Esq, Donald J. Martin, Esq, Robert R. Sprole, III. (Attachments: #1 Memorandum of Law, #2 Declaration of John G. Powers, Esq. in Support of Motion, #3 Exhibit(s) A to Powers Declaration, #4 Exhibit(s) B to Powers Declaration, #5 Exhibit(s) C to Powers Declaration, #6 Exhibit(s) D to Powers Declaration, #7 Exhibit(s) E to Powers Declaration, #8 Exhibit(s) F to Powers Declaration, #9 Exhibit(s) G to Powers Declaration, #10 Declaration of Robert R. Sprole III in Support of Motion, #11 Declaration of Donald J. Martin, Esq. in Support of Motion, #12 Declaration of Christopher D. Jagel, Esq. in Support of Motion, #13 Exhibit(s) A to Jagel Declaration) (Marrero, Michael) |
| Filing 29 NOTICE of Appearance by Rebecca Barrett on behalf of Joch & Kirby, Susan C. Kirby, Esq (Barrett, Rebecca) |
| Filing 28 CERTIFICATE OF SERVICE by Joch & Kirby, Susan C. Kirby, Esq re #26 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim (Bloom, David) |
Filing 27
TEXT ORDER: Letter Motion #22 is GRANTED. Defendants Robert R. Sprole, III, Harris Beach, PLLC, Donald J. Martin, Esq., and Christopher D. Jagel, Esq., shall file an Answer or otherwise respond to the Complaint by 7/31/2020. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/27/2020. (Copy served on Pro Se via regular mail)(jdp )
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| Filing 26 MOTION to Dismiss for Lack of Subject Matter Jurisdiction , MOTION to Dismiss for Failure to State a Claim filed by Joch & Kirby, Susan C. Kirby, Esq. (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Memorandum of Law) (Bloom, David) |
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Filing 25
TEXT ORDER granting #21 Letter Requesting leave to file Memorandum of Law that exceeds 25-page limit, of an additional 5 pages. Signed by Judge David N. Hurd on 7/27/2020. (Copy served upon Linda S. Sprole via regular mail on 7/27/2020)(see)
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| Filing 24 NOTICE of Appearance by Michael Marrero on behalf of Harris Beach, PLLC, Christopher D. Jagel, Esq, Donald J. Martin, Esq, Robert R. Sprole, III (Marrero, Michael) |
| Filing 23 NOTICE of Appearance by John G. Powers on behalf of Harris Beach, PLLC, Christopher D. Jagel, Esq, Donald J. Martin, Esq, Robert R. Sprole, III (Powers, John) |
| A copy of the 25 Text Order was also mailed to Richard B. Alderman on 7/27/2020 by regular mail. (see) |
| Filing 22 Letter Motion from John G. Powers, Esq. for Harris Beach, PLLC, Christopher D. Jagel, Esq, Donald J. Martin, Esq, Robert R. Sprole, III requesting extension of time to answer or otherwise respond to Plaintiff's Complaint submitted to Judge Lovric . (Marrero, Michael) |
| Filing 21 Letter Motion from John G. Powers, Esq. for Harris Beach, PLLC, Christopher D. Jagel, Esq, Donald J. Martin, Esq, Robert R. Sprole, III requesting Leave to file Memorandum of Law that exceeds 25-page limit submitted to Judge Hurd . (Marrero, Michael) |
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Filing 20
TEXT ORDER DIRECTING RESPONSES TO ALL MOTIONS AND SETTING OCTOBER 9, 2020 RETURN DATE FOR ALL MOTIONS ON SUBMITTED PAPERS ONLY: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, Granting Plaintiff Linda S. Sprole's #18 request for an extension of time to respond and ordering responses to motions. Plaintiff Linda S. Sprole shall file a response to ALL of defendants' motions: #12 MOTION to Dismiss by Richard B. Alderman, Esq, Alderman and Alderman, #13 MOTION for Sanctions by Richard B. Alderman, Esq, Alderman and Alderman, #16 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim by The State of New York on or before Friday, September 11, 2020. Defendants shall file a response to plaintiff's #19 MOTION for Injunctive Relief and Stay of Family Court Proceedings by Linda S. Sprole on or before Friday, September 11, 2020; Any replies by defendants to the plaintiff's responses to the defendants' motions shall be filed no later than Friday September 25, 2020; NO reply to the plaintiff's motion for Injunctive shall be permitted without prior approval by the Court. All motions shall be returnable on October 9, 2020 and taken on SUBMITTED PAPERS ONLY - WITH NO APPEARANCES BY ANY PARTY PERMITTED. (Response to Motions due by 9/11/2020; Reply to Response to Motions due by 9/25/2020. Motion Hearing returnable on 10/9/2020) So Ordered by Judge David N. Hurd on 7/24/2020.(ptm) (Copy served on plaintiff pro se Linda S. Sprole by regular mail to: Linda S. Sprole, 49 Cherry Road, Ithaca, NY 14850)
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| Clerk mailed a copy of the Dkt. No. 20 Text Order to Defendant, Richard B. Alderman, Esq. at Alderman and Alderman, Law Firm, AXA Tower I, Suite 1220, 100 Madison Street, Syracuse, NY 12202 via regular mail on 7/24/2020. (hmr) |
| Filing 19 MOTION for Injunctive Relief and Stay of Family Court Proceedings filed by Linda S. Sprole. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibits A - E, #3 Statement of Redaction, #4 Memorandum of Law, #5 Affidavit of Service, #6 Fed Ex mailing envelope) Motions referred to Miroslav Lovric. (mgh) |
| Filing 18 Letter Motion for Linda S. Sprole requesting an extension of time in which to respond to the defendants' Richard Alderman and Alderman and Alderman's #12 Motion to Dismiss. (mgh) |
| Filing 17 TEXT ORDER: Letter Motion #14 is GRANTED in part and DENIED in part. Defendant Richard B. Alderman, Esq. may proceed pro se representing of himself. However, Defendant Alderman and Alderman is a business entity and in federal court must be represented by an attorney. See, e.g., Berrios v. N.Y.C. Hous. Auth., 564 F.3d 130, 133 (2d Cir. 2009) ("Thus, we have held that a layperson may not represent a corporation of which he is the sole shareholder; a limited liability company of which he is the sole member; [or] a partnership in which he is a partner...."); Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (28 U.S.C. 1654 "does not permit 'unlicensed laymen to represent anyone else other than themselves.'... This rational 'applies equally to all artificial entities.' Accordingly, a layperson may not represent a separate legal entity such as a corporation."). As a result, to the extent that Defendant Alderman and Alderman wishes to be represented by Richard B. Alderman, Esq., Mr. Alderman must be admitted in the Northern District of New York or he must seek pro hac vice admission. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/20/2020. (Copy served on Pro Se Plaintiff via regular mail)(jdp ) |
| Filing 16 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Motion Hearing set for 8/28/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 8/11/2020 Reply to Response to Motion due by 8/17/2020. filed by The State of New York. (Attachments: #1 Memorandum of Law) (Koster, Andrew) |
| Filing 15 TEXT ORDER: in light of Motions [12, 13], the Rule 16 initial conference scheduled for 9/9/2020, is STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/16/2020. (Copy served on Pro Se Plaintff via regular mail)(jdp ) |
| Filing 14 Letter Motion for Richard B. Alderman, Esq, Alderman and Alderman requesting to appear in this action pro se both as an individual and a member of the Law Firm Alderman and Alderman submitted to Judge Lovric. (mgh) |
| TEXT NOTICE of Hearing on #13 MOTION for Sanctions: Response to Motion due by 8/11/2020. Reply to Response to Motion due by 8/17/2020. Motion Hearing set for 8/28/2020 on submit, with no appearances required, unless otherwise notified, before Judge David N. Hurd. (Mailed to Linda S. Sprole and Richard B. Alderman on 7/16/2020 by regular mail) (see) |
| Filing 13 MOTION for Sanctions filed by Richard B. Alderman, Esq, Alderman and Alderman. (Attachments: #1 Memorandum of Law, #2 Certificate of Service, #3 Cover Letter, #4 Mailing Envelope) (mgh) |
| TEXT NOTICE of Hearing on #12 MOTION to Dismiss: Response to Motion due by 7/28/2020. Reply to Response to Motion due by 8/3/2020. Motion Hearing set for 8/14/2020 at 10:00 AM in Utica before Judge David N. Hurd. {Mailed copies to Linda S. Sprole and Richard B. Alderman on 7/15/2020 by regular mail} (see) |
| Filing 12 MOTION to Dismiss filed by Richard B. Alderman, Esq, Alderman and Alderman. (Attachments: #1 Memorandum of Law, #2 Certificate of Service, #3 Cover Letter, #4 Mailing Envelope) (mgh) |
| Filing 11 TEXT ORDER: Letter Motion #9 is GRANTED. Defendants Joch & Kirby and Susan C. Kirby, Esq., shall file an Answer or otherwise respond to the Complaint by 8/19/2020. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/14/2020. (Copy served on Pro Se Plaintiff via regular mail)(jdp) |
| Filing 10 CERTIFICATE OF SERVICE by Joch & Kirby, Susan C. Kirby, Esq re #8 Notice of Appearance, Set/Reset Answer Deadline, #9 First Letter Motion from David Bloom, Esq. for Joch & Kirby, Susan C. Kirby, Esq requesting extension of time to respond to complaint submitted to Judge Miroslav Lovric (Bloom, David) |
| Filing 9 First Letter Motion from David Bloom, Esq. for Joch & Kirby, Susan C. Kirby, Esq requesting extension of time to respond to complaint submitted to Judge Miroslav Lovric . (Bloom, David) |
| Filing 8 NOTICE of Appearance by David Bloom on behalf of Joch & Kirby, Susan C. Kirby, Esq (Bloom, David) |
| ***Answer due date updated for Harris Beach, PLLC answer due 7/27/2020; Christopher D. Jagel, Esq answer due 7/27/2020; Donald J. Martin, Esq answer due 7/27/2020; Robert R. Sprole, III answer due 7/27/2020. (mgh) |
| ***Answer due date updated for Richard B. Alderman, Esq answer due 7/17/2020; Alderman and Alderman answer due 7/17/2020; Harlan B. Gingold, Esq answer due 7/17/2020; Macht, Brenizer & Gingold, P.C. answer due 7/17/2020. (mgh) |
| ***Answer due date updated for Joch & Kirby answer due 7/20/2020; Susan C. Kirby, Esq answer due 7/20/2020; The State of New York answer due 7/20/2020. (mgh) |
| Filing 7 AFFIDAVIT of Service for Summons, Complaint and General Order 25 served on Richard B. Alderman, Esq.; Alderman and Alderman;Harlan B. Gingold, Esq. and Macht, Brenizer & Gingold, Esq. on 6/26/2020, filed by Linda S. Sprole. (mgh) (Additional attachment(s) added on 7/9/2020: #1 Mailing Envelope) (mgh, ). |
| Filing 6 AFFIDAVIT of Service for Summons, Complaint and General Order 25 served on Robert Sprole; Harris Beach PLLC; Christopher D. Jagel; and Donald J. Martin on 7/6/2020, filed by Linda S. Sprole. (mgh) (Additional attachment(s) added on 7/9/2020: #1 Mailing Envelope) (mgh, ). |
| Filing 5 AFFIDAVIT of Service for Summons, Complaint and General Order 25 served on Susan Kirby, Esq.; Joch & Kirby; State of NY- Service on Michael J. Danaher, Jr.(person authorized to accept service for NY-AG) on 6/29/2020, filed by Linda S. Sprole. (mgh) (Additional attachment(s) added on 7/9/2020: #1 Mailing Envelope) (mgh, ). |
| Filing 4 PRO SE HANDBOOK and NOTICE sent to Pro Se Plaintiff via regular mail on 6/11/2020. (mgh) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/9/2020 01:30 PM in Binghamton 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 9/2/2020. Judge Lovric ONLY DOES RULE 16 INITIAL CONFERENCES IN PERSON in Binghamton, New Yorkin all cases and no exceptions. Requests to appear by way of telephone conference at the Rule 16 initial conferencewill be DENIED.(Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to Richard B. Alderman, Esq, Alderman and Alderman, Harlan B. Gingold, Esq, Harris Beach, PLLC, Christopher D. Jagel, Esq, Joch & Kirby, Susan C. Kirby, Esq, Macht, Brenizer & Gingold, P.C., Donald J. Martin, Esq, Robert R. Sprole, III, The State of New York. (Attachments: #1 Summons Issued as to Robert Sprole, III, #2 Summons Issued as to Alderman and Alderman, #3 Summons Issued as to Richard B. Alderman, #4 Summons Issued as to Harris Beach, #5 Summons Issued as to Donald Martin, #6 Summons Issued as to Christopher Jagel, #7 Summons Issued as to Joch & Kirby, #8 Summons Issued as to Susan C. Kirby, #9 Summons Issued as to Macht, Brenizer & Gingold, P.C., #10 Summons Issued as to Harlan B. Gingold, Esq.)(mgh) |
| Filing 1 COMPLAINT against Richard B. Alderman, Esq, Alderman and Alderman, Harlan B. Gingold, Esq, Harris Beach, PLLC, Christopher D. Jagel, Esq, Joch & Kirby, Susan C. Kirby, Esq, Mach, Brenizer & Gingold, P.C., Donald J. Martin, Esq, Robert R. Sprole, III, The State of New York (Filing fee $400 receipt number ALB011787) filed by Linda S. Sprole. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(mgh) |
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