Werkheiser v. County of Broome et al
| Samantha Werkheiser and Samantha Stone |
| County of Broome, Veronica Gorman, Thomas Jackson, City of Binghamton, Carl Peters, Charles Woody, April Demer and John Does # 1-10 |
| 3:2022cv00073 |
| January 26, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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Filing 23
TEXT ORDER: Court reviewed docket and in view of Judge DAgostino's directives set forth in Text Minute entry of 3/9/2022, all parties' responses, whether by motion to dismiss or by answer, to the complaint are due 4/11/2022. The Rule 16 conference remains as scheduled per Dkt. No. #3 .SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/11/2022. (sg )
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Filing 22
SUMMONS Returned Executed by Samantha Werkheiser. April Demer served on 3/8/2022, answer due 3/29/2022. (Larkin, Arthur)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 3/9/2022 before U.S. District Judge Mae A. D'Agostino: Appearances by Arthur Larkin, Esq. for the Plaintiff; Brian Seachrist, Esq. for the City Defendants; and Robert Behnke, Esq. for the County Defendants; Judge D'Agostino addresses counsel regarding the defendant's pre-motion letters; The Court believes that there are questions of fact and that motions are better made on a more developed record, but the Court will not preclude the defendant's from filing their motions to dismiss; The Plaintiff asks that they be permitted to proceed with discovery and that the conference scheduled for May 2, 2022 proceed as scheduled. Judge D'Agostino informs counsel that she will speak to Magistrate Judge Dancks regarding this matter. Defendants Motions are to be filed on or before April 11, 2022.(Court Reporter Lisa Tennyson, CRD Britney Norton [time 12:30 p.m. -12:48 p.m.]) (ban)
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Set Deadlines: Motions to be filed by 4/11/2022. (ban)
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Filing 21
SUMMONS Returned Executed by Samantha Werkheiser. Charles Woody served on 3/3/2022, answer due 3/24/2022. (Larkin, Arthur)
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Filing 20
SUMMONS Returned Executed by Samantha Werkheiser. Carl Peters served on 3/3/2022, answer due 3/24/2022. (Larkin, Arthur)
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Filing 19
RESPONSE to Motion re #15 Letter Motion from Brian M. Seachrist, Corp. Counsel for City of Binghamton, April Demer, Carl Peters, Charles Woody requesting 30 Day Extension to File Motion to Dismiss and Dispositive Motion Conference submitted to Judge Mae A. D'Ag filed by Samantha Werkheiser. (Larkin, Arthur)
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Filing 18
RESPONSE to Motion re #14 Letter Motion from Robert G Behnke for County of Broome, Veronica Gorman, Thomas Jackson requesting Conference for motion to dismiss submitted to Judge D'Agostino filed by Samantha Werkheiser. (Larkin, Arthur)
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Filing 17
Summons Issued as to April Demer, Carl Peters, Charles Woody. (Attachments: #1 Summons Issued: April Demer, #2 Summons Issued: Carl Peters)(map)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS(ES): Samantha Werkheiser is requesting summons(es) be issued as to (Attachments: #1 Proposed Summons, #2 Proposed Summons)(Larkin, Arthur)
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Filing 15
Letter Motion from Brian M. Seachrist, Corp. Counsel for City of Binghamton, April Demer, Carl Peters, Charles Woody requesting 30 Day Extension to File Motion to Dismiss and Dispositive Motion Conference submitted to Judge Mae A. D'Agostino . (Attachments: #1 Certificate of Service)(Seachrist, Brian)
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Filing 14
Letter Motion from Robert G Behnke for County of Broome, Veronica Gorman, Thomas Jackson requesting Conference for motion to dismiss submitted to Judge D'Agostino . (Attachments: #1 Affidavit of Service)(Behnke, Robert)
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Filing 13
WAIVER OF SERVICE Returned Executed by Samantha Werkheiser. Thomas Jackson waiver sent on 1/31/2022, answer due 4/1/2022. (Larkin, Arthur)
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Filing 12
WAIVER OF SERVICE Returned Executed by Samantha Werkheiser. Veronica Gorman waiver sent on 1/31/2022, answer due 4/1/2022. (Larkin, Arthur)
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Filing 11
SUMMONS Returned Executed by Samantha Werkheiser. City of Binghamton served on 2/2/2022, answer due 2/23/2022. (Larkin, Arthur)
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Filing 10
SUMMONS Returned Executed by Samantha Werkheiser. County of Broome served on 2/2/2022, answer due 2/23/2022. (Larkin, Arthur)
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Filing 9
TEXT ORDER: Court reviewed status report (Dkt. No. #8 ) and appreciates the information. If service status changes, plaintiff should immediately request summonses from the court for the relevant defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/1/2022. (sg)
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Filing 8
Letter re: service. (Larkin, Arthur) Modified on 2/1/2022 (sg, ).
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Filing 7
TEXT ORDER: Court has reviewed the docket and finds that the Court has issued summonses as to defendants County of Broome and City of Binghamton. Plaintiff is directed to submit proposed summonses for issuance by the Clerk as to defendants Gorman, Jackson, Peters, Woody, and Demer, by 2/11/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/31/2022. (sg)
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Filing 6
Summons Issued as to City of Binghamton, County of Broome. (Attachments: #1 Summons Issued: City of Binghamton)(map)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS(ES): Samantha Werkheiser is requesting summons(es) be issued as to #1 Complaint, (Larkin, Arthur)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS(ES): Samantha Werkheiser is requesting summons(es) be issued as to #1 Complaint, (Larkin, Arthur)
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CLERK'S CORRECTION OF DOCKET ENTRY Docket entry [1-1] Civil Cover Sheet replaced to reflect correct District and Magistrate Judges (egr)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 5/2/2022 at 11:00 AM before U.S. Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/25/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map)
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Filing 2
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. (map)
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Filing 1
COMPLAINT WITH JURY DEMAND against City of Binghamton, County of Broome, April Demer, Veronica Gorman, Thomas Jackson, John Does # 1-10, Carl Peters, Charles Woody (Filing fee $402 receipt number ANYNDC-5783505) filed by Samantha Werkheiser. (Attachments: #1 Civil Cover Sheet)(map)
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TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (map, )
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