Maddox v. City of Syracuse
| Fred Maddox |
| Onondaga County, Onondaga County Sheriff's Department, Syracuse Police Department, Kevin Walsh, City of Syracuse and Frank L. Fowler |
| Gustave J. DiBianco |
| 5:2014cv01068 |
| August 29, 2014 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on February 21, 2017. A more recent docket listing may be available from PACER.
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| Filing 48 JUDGMENT in favor of City of Syracuse against Fred Maddox. (Attachments: #1 Appeal Notice) (ban) |
| Filing 47 MEMORANDUM-DECISION AND ORDER granting #33 Motion for Summary Judgment: The Court hereby ORDERS that Defendant's motions for summary judgment is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 2/21/2017. (ban) |
Filing 46
TEXT ORDER: Court has reviewed Dkt. Nos. #43 , {44], and #45 . Letter motion at Dkt. No. #43 granted. The Clerk is directed to terminate Attorney Paquette from the docket. Attorney Sickinger, who has filed an appearance in the case, will represent the defendant City of Syracuse. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/4/2016. (sg)
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| Filing 45 NOTICE of Appearance by John A. Sickinger on behalf of City of Syracuse (Sickinger, John) |
| Filing 44 RESPONSE TO LETTER BRIEF filed by Fred Maddox as to #43 Letter Request/Motion filed by City of Syracuse . (Weisman, Stewart) |
| Filing 43 Letter Motion from Aimee Paquette for City of Syracuse requesting Withdrawal as Counsel submitted to Judge Therese Dancks . (Paquette, Aimee) |
| Filing 42 CERTIFICATE OF SERVICE by Fred Maddox re #41 LETTER BRIEF (Weisman, Stewart) |
| Filing 41 SUR-REPLY/LETTER BRIEF by Fred Maddox. (Weisman, Stewart) Modified on 8/9/2016 (ban). |
| Filing 40 TEXT ORDER granting #38 Letter Request for leave to file a surreply letter: It is hereby ORDERED that Plaintiff may file a surreply not to exceed 2 pages, on or before 8/5/16. Signed by U.S. District Judge Mae A. D'Agostino on 8/2/2016. (ban) |
| Filing 39 AFFIDAVIT of Service for Request Letter served on Aimee Paquette, Esq. on August 1, 2016, filed by Fred Maddox., CERTIFICATE OF SERVICE by Fred Maddox re #38 Letter Motion from Stewart L. Weisman, Esq. for Fred Maddox requesting File Surreply submitted to Judge D'Agostino (Weisman, Stewart) |
| Filing 38 Letter Motion from Stewart L. Weisman, Esq. for Fred Maddox requesting File Surreply submitted to Judge D'Agostino . (Weisman, Stewart) |
| Filing 37 CERTIFICATE OF SERVICE by City of Syracuse re #36 Affidavit in Support of Motion (Paquette, Aimee) |
| Filing 36 AFFIDAVIT in Support re #33 MOTION for Summary Judgment filed by City of Syracuse. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Memorandum of Law)(Paquette, Aimee) |
| Filing 35 CERTIFICATE OF SERVICE by Fred Maddox re #34 Affidavit in Opposition to Motion (Weisman, Stewart) |
| Filing 34 AFFIDAVIT in Opposition re #33 MOTION for Summary Judgment filed by Fred Maddox. (Attachments: #1 Memorandum of Law, #2 Statement of Material Facts)(Weisman, Stewart) |
| Filing 33 MOTION for Summary Judgment Motion Hearing set for 8/2/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 7/18/2016 Reply to Response to Motion due by 7/22/2016. filed by City of Syracuse. (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Statement of Material Facts, #17 Memorandum of Law) (Paquette, Aimee) |
| Filing 32 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Gustave DiBianco, Esq. 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: Aimee Paquette, Esq. and Stewart Weisman, Esq.. Dated: June 7, 2016(Paquette, Aimee) |
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Filing 31
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 6/14/2016. Mediation deadline will be 45 days after a decision is issued on any motion for summary judgment, if the case survives summary judgment. Signed by Magistrate Judge Therese Wiley Dancks on 5/17/2016. (sg)
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 5/13/2016. Appearances: Stewart Weisman, Esq. for Plaintiff; Aimee Paquette, Esq. for Defendant. Court discusses Dkts. 27, 28, 30, and 29. Plaintiff to serve any remaining discovery responses on Defendant by 5/20/2016. Discovery will be closed. Plaintiff's counsel requests case be referred into Mandatory Mediation. Defendant's counsel wants to go forward with summary judgment motion. After hearing from the parties, Judge Dancks refers the case into mediation. A separate order will be issued setting the mediation deadline for 45 days after a decision is issued on any motion for summary judgment, if the case survives, and directing the parties to select a mediator within 28 days. (FTR Recorded)) (sg) |
| TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Conference to address issues outlined in Dkts. #27 , #28 , and 29] has been set for 5/13/2016 AT 10:30 AM in before Magistrate Judge Therese Wiley Dancks. No further submissions are necessary. Plaintiff's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 once all counsel are on the line.(sg) |
| Filing 30 RESPONSE TO LETTER BRIEF filed by Fred Maddox as to #29 Status Report filed by City of Syracuse . (Weisman, Stewart) |
| Filing 29 STATUS REPORT by City of Syracuse. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Paquette, Aimee) |
| Filing 28 Supplement to #27 Letter Motion from Stewart Weisman, Esq. for Fred Maddox requesting In Person Conference submitted to Judge Dancks . (Attachments: #1 Exhibit(s) Letter to Muldrow)(Weisman, Stewart) Modified on 5/2/2016 (sg). |
| Filing 27 Letter Motion from Stewart Weisman, Esq. for Fred Maddox requesting In Person Conference submitted to Judge Dancks . (Attachments: #1 Exhibit(s))(Weisman, Stewart) |
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Filing 26
TEXT ORDER: Parties to confer regarding any remaining discovery issues and possible referral into mediation. Plaintiff to file joint status report on discovery and mediation by 4/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/22/2016. (sg)
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Filing 25
TEXT ORDER granting Defendant's #24 Letter Request that the Court issue a subpoena for the deposition of Jerry Muldrow. Subpoena attached hereto. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/11/2016. (sg)
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| Filing 24 Letter Motion from Aimee Paquette for City of Syracuse requesting Judicial Subpoena submitted to Judge Therese Dancks . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Paquette, Aimee) |
| Filing 23 STATUS REPORT by City of Syracuse. (Paquette, Aimee) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 3/4/2016. Appearances: Stewart L. Weisman, Esq. for Plaintiff; Aimee M. Paquette, Esq. for Defendant. Court inquires on status of discovery and depositions. Parties advise only discovery remaining are depositions of Plaintiff and Muldrow. Defendant to file status report by 4/1/2016 advising the Court of status of the two depositions, and whether all requested records have been received. Mediation continues to be deferred, Judge will again review mediation after receiving the 4/1/2016 status report. Court re-sets deadlines as follows: Discovery due by 5/2/2016; Discovery Motions due 5/9/2016; Dispositive Motions to be filed by 7/1/2016. (Court Reporter (Diane Martens: 10:59AM-11:09AM) (sg) |
| TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Conference has been set for 3/4/2016 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg) |
| Filing 22 STATUS REPORT by Fred Maddox. (Weisman, Stewart) |
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Filing 21
TEXT ORDER granting Plaintiff's #20 Letter Request for extension of time to file status report. Plaintiff's to file Status Report by 2/5/2016 advising how Plaintiff will proceed based upon information received from the City re: prior complaint of Muldrow, as well as any other discovery that has occurred, a schedule of depositions, and discovery issues that have arisen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/22/2016. (sg)
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| Filing 20 Letter Motion from Stewart Weisman, Esq. for Fred Maddox requesting Addtional Time to File Status Report submitted to Judge Dancks . (Weisman, Stewart) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 12/15/2015. Appearances: Stewart L. Weisman, Esq. for Plaintiff; Aimee M. Paquette, Esq. for Defendant. Court inquires on status of discovery. When Plaintiff receives information from the City re: prior complaint of Muldrow, Plaintiff to file status report by 1/22/2016 to advise how Plaintiff will proceed based upon this information, as well as any other discovery that has occurred, a schedule of depositions, and any discovery issues that have arisen. Court discusses Mandatory Mediation, and continues to defer mediation.(FTR Recorded: 10:30AM-10:40AM) (sg) |
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Filing 19
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26 Mandatory Disclosures complete. Joinder of Parties due by 9/30/2015. Amended Pleadings due by 9/30/2015. Rule 33 and 34 Requests are to be served by 11/2/2015. Discovery due by 4/1/2016. Discovery Motions due 4/8/2016. Dispositive Motions to be filed by 6/1/2016. Court defers referral of case into the Mandatory Mediation Program at this time (not opted out). Anticipated length of trial: 3 days. Trial Location: Albany NY.Signed by Magistrate Judge Therese Wiley Dancks on 9/3/2015. (sg)
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| TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 12/15/2015 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Defendant's counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (sg) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 9/2/2015. Appearances: Stewart L. Weisman, Esq. for Plaintiff; Aimee M. Paquette, Esq. for Defendant. Court reviews Civil Case Management Plan. Judge explains the Mandatory Mediation Pilot Program and, after discussion with the parties, defers referral of this case into the program at this time. Pretrial deadlines are established, a scheduling order will be issued. (FTR Recorded: 10:31AM-10:49AM) (sg, ) |
| Filing 18 CIVIL CASE MANAGEMENT PLAN by City of Syracuse. (Paquette, Aimee) |
| Filing 17 ANSWER to #16 Amended Complaint by City of Syracuse.(Paquette, Aimee) |
| TEXT NOTICE OF TELEPHONE RULE 16 CONFERENCE: The Telephone Initial Conference has been re-set for 9/2/2015 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is to initiate the call using AT&T or other teleconferencing service and call Magistrate Judge Dancks' Chambers at 315-234-8618 (a dedicated conference line not to be used for other purposes) once all parties are on the line. PLEASE TAKE FURTHER NOTICE: Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/26/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg) |
| ***Answer due date updated for City of Syracuse : answer to amended complaint due 8/10/2015. (sg) |
| Filing 16 AMENDED COMPLAINT against City of Syracuse filed by Fred Maddox. (Attachments: #1 Certificate of Service)(Weisman, Stewart) |
| Filing 15 MEMORANDUM-DECISION AND ORDER re #9 Motion to Dismiss for Failure to State a Claim; #10 Motion to Dismiss; and #11 Cross-Motion to Amend/Correct: The Court hereby ORDERS that Plaintiff's cross motion for leave to amend is GRANTED in part; and the Court further ORDERS that Defendants' motions to dismiss and oppositions to the cross motion to amend are GRANTED in part and DENIED in part; and the Court further ORDERS that the County Defendants are DISMISSED from this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Amended Complaint to be filed on or before 7/25/15. Signed by U.S. District Judge Mae A. D'Agostino on 7/16/15. (ban) |
| Filing 14 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim , #10 MOTION to Dismiss filed by City of Syracuse, Frank L. Fowler, Syracuse Police Department. (Attachments: #1 Memorandum of Law)(Paquette, Aimee) |
| Filing 13 REPLY to Response to Motion re #10 MOTION to Dismiss filed by Onondaga County, Onondaga County Sheriff's Department, Kevin Walsh. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Bleskoski, Karen) |
| Filing 12 AFFIDAVIT re #11 Response to Motion, by Fred Maddox. (Attachments: #1 Certificate of Service)(Weisman, Stewart) |
| Filing 11 RESPONSE/Cross Motion to Amend to Motion re #9 MOTION to Dismiss for Failure to State a Claim , #10 MOTION to Dismiss filed by Fred Maddox. (Attachments: #1 Proposed Amended Complaint, #2 Proposed Amended Complaint - marked version, #3 Certificate of Service, #4 Notice of Cross-Motion)(Weisman, Stewart) Modified on 7/16/2015 (ban). |
| Filing 10 MOTION to Dismiss Motion Hearing set for 2/17/2015 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/2/2015 Reply to Response to Motion due by 2/6/2015. filed by Onondaga County, Onondaga County Sheriff's Department, Kevin Walsh. (Attachments: #1 Affidavit of Karen A. Bleskoski, #2 Memorandum of Law, #3 Appendix A, #4 Certificate of Service) (Bleskoski, Karen) |
| TEXT NOTICE ADJOURNING INITIAL CONFERENCE: The initial conference set for 2/5/2015 is ADJOURNED WITHOUT DATE and will be recsheduled, if necessary, once the pending motions have been decided. (sg ) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/17/2015 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/2/2015 Reply to Response to Motion due by 2/6/2015. filed by City of Syracuse, Frank L. Fowler, Syracuse Police Department. (Attachments: #1 Declaration, #2 Memorandum of Law, #3 Certificate of Service) (Paquette, Aimee) |
| ***Answer due date updated for City of Syracuse answer due 1/20/2015; Frank L. Fowler answer due 1/20/2015; Onondaga County answer due 1/20/2015; Onondaga County Sheriff's Department answer due 1/20/2015; Syracuse Police Department answer due 1/20/2015; Kevin Walsh answer due 1/20/2015. (dpk) |
| Filing 8 AFFIDAVIT of Service for Summons, Verified Complaint and General Order served on All defendants on December 30, 2014, filed by Fred Maddox. (Weisman, Stewart) |
| Filing 7 NOTICE of Appearance by Aimee M. Paquette on behalf of City of Syracuse, Frank L. Fowler, Syracuse Police Department (Paquette, Aimee) |
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Filing 6
TEXT ORDER : Court has reviewed Letter Motion (Dkt. No. #5 ) for adjournment of the Rule 16 Conference and extension of time to serve the complaint which is granted. Plaintiff's time to serve the complaint extended to 12/31/2014. The Rule 16 conference has been rescheduled and a separate text notice will be issued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/26/2014. (sg )
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| TEXT NOTICE of Hearing: Telephone Initial Conference has been re-set for 2/5/2015 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is to initiate the call using AT&T or other teleconferencing service and call Magistrate Judge Dancks' Chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. Pro se parties will provide the Court with a telephone number for use in placing the call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/29/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg ) |
| Filing 5 Letter Motion from Plaintiff's Counsel for Fred Maddox requesting Adjourn Preliminary Conference submitted to Judge Dancks . (Weisman, Stewart) |
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Filing 4
TEXT ORDER : The Rule 16 Conference set for 12/3/2014 is ADJOURNED without new date and will be rescheduled once an Answer has been filed. Plaintiff's counsel to file a status report with the Court by 12/3/2014 on the status of service of process on the defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/25/2014. (sg )
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| Filing 3 Summons Issued as to City of Syracuse, Frank L. Fowler, Onondaga County, Onondaga County Sheriff's Department, Syracuse Police Department and Kevin Walsh. (Attachments: #1 Summons Issued as to the City of Syracuse, #2 Summons Issued as to the County of Onondaga, #3 Summons Issued as to the Onondaga County Sheriff's Department, #4 Summons Issued as to Kevin Walsh, #5 Summons Issued as to Syracuse Police Department) (dpk) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/3/2014 at 9:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call using AT&T or other teleconferencing service and call Judge Dancks' chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. Pro-se plaintiffs will provide the court with a telephone number for use in placing the conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/26/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) |
| Filing 1 COMPLAINT against City of Syracuse, Frank L. Fowler, Onondaga County, Onondaga County Sheriff's Department, Syracuse Police Department and Kevin Walsh (Filing fee $400 receipt number 3034106) filed by Fred Maddox. (Attachments: #1 Civil Cover Sheet) (dpk) |
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