Cummings v. Kinsman
| Cummings and Kimber Cummings |
| Kinsman and Michelle Kinsman |
| 5:2016cv00186 |
| February 19, 2016 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Andrew T Baxter |
| Mae A D'Agostino |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Both |
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Filing 20
STIPULATION AND ORDER DISMISSING CASE. Signed by U.S. District Judge Mae A. D'Agostino on 11/22/2016. (ban)
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| Filing 19 STIPULATION of Dismissal by Kimber Cummings submitted to Judge Baxter. (DeFrancesco, Christopher) |
| TEXT NOTICE: On 9/6/2016 the court directed that counsel file a stipulation of discontinuance, or, a status report on or before 11/15/2016. To date, no such submission has been filed. Counsel are directed to promptly comply with the court's 9/6/2016 order. Dkt. No. 17. (mae) |
| Filing 18 SEALED TRANSCRIPT of Proceedings: Settlement Conference held on 9/6/2016 before Judge Andrew T. Baxter. Court Reporter: Jodi Hibbard, Telephone number: (315) 234-8547. (mae) |
| Filing 17 TEXT ORDER: On or before 11/15/2016, counsel are directed to file a stipulation of discontinuance, or, a status report. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/6/2016. (mae) |
| Text Minute Entry for settlement conference held before U.S. Magistrate Judge Andrew T. Baxter on 9/6/2016: Case settled subject to further discussions between counsel on two particular terms. Terms of the settlement placed on the record. A stipulation of discontinuance, or, a status report is to be filed by 11/15/2016. This court will retain jurisdiction to enforce the terms of the settlement. The transcript of this proceeding shall be sealed, and may only be made available to the parties of this action. Appearances: Steven W. Williams, Esq. and Christopher F. DeFrancesco, Esq. for plaintiff, Kimber Cummings, who was also present; Jason Halpin, Esq. and Jon P. Devendorf, Esq. for defendant, Michelle Kinsman, who was also present. (Court Reporter: Jodi Hibbard. Time: 1:00 PM - 4:15 PM.) (mae) |
| Filing 16 TEXT ORDER: An IN PERSON Settlement Conference is set for 9/6/2016 at 1:00 p.m. in Syracuse, NY before U.S. Magistrate Judge Andrew T. Baxter. Both individual parties and their counsel are directed to attend the conference. The clerk is directed to e-mail a settlement conference statement to the parties which may be completed and sent to the court via e-mail at NYND_ATB_ECF_Notices@nynd.uscourts.gov and Melissa_Frisch@nynd.uscourts.gov by 8/30/2016. The statements need not be exchanged by the parties. The statements must NOT be electronically filed with the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/8/2016. (mae) |
| Filing 15 TEXT ORDER: The court defers decision on defense counsel's #13 motion to withdraw from representation of defendant pending the outcome of an upcoming settlement conference. The portion of the proceeding held on 7/19/2016 during which the court questioned defendant Michelle Kinsman and counsel in the absence of plaintiff's counsel is SEALED. Discovery and other pretrial obligations are STAYED until further order of the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/19/2016. (mae) |
| Text Minute Entry for stenographically-recorded telephonic motion hearing held before U.S. Magistrate Judge Andrew T. Baxter on 7/19/2016: Plaintiff's counsel advised the court that he takes no position with respect to #13 defense counsel's motion to withdraw. Plaintiff's counsel agreed to drop off the line and to allow the court to inquire further of defense counsel and defendant, Michelle Kinsman, regarding the merits of defense counsel's motion. Plaintiff's counsel was brought back on the call to discuss settlement prospects and the parties agreed to schedule such a conference with the court. With defense counsel's consent, the court will defer issuing a decision on the #13 motion to withdraw, pending the outcome of the settlement conference. Pretrial deadlines were stayed, until further order of the court. Counsel shall promptly confer and contact the clerk with regard to scheduling the conference. Appearances: Christopher F. DeFrancesco, Esq. for plaintiff; Jon P. Devendorf, Esq. for defendant. (Court Reporter: Eileen McDonough. TIME: 2:03 PM - 2:41 PM.) (mae) |
| Filing 14 TEXT ORDER setting hearing re #13 motion to withdraw as attorney. A telephonic hearing is set for 7/19/2016 at 2:00 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to advise defendant Kinsman that she is required to participate in the conference call and that her failure to participate may result in the imposition of sanctions. Defense counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. Plaintiff's counsel is advised that they do not need to file a formal response to the motion prior to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/12/2016. (mae) |
| TEXT NOTICE: Counsel are advised that in light of the upcoming hearing on defense counsel's #13 motion to withdraw, the telephonic status conference set for 7/13/2016 is CANCELLED. The court will address any necessary pretrial issues on 7/19/2016 at 2:00 PM. (mae) |
| Filing 13 MOTION to Withdraw as Attorney Motion Hearing set for 8/11/2016 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 7/25/2016 filed by Michelle Kinsman. (Attachments: #1 Affirmation of Jon P. Devendorf in support of Motion to Withdraw as Counsel, #2 Exhibit(s) Complaint) Motions referred to Andrew T. Baxter. (Arias, Kayla) |
| Filing 12 TEXT ORDER granting #11 letter request. Barclay Damon is granted leave to move to withdraw as counsel of record for defendant Kinsman. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/30/2016. (mae) |
| Filing 11 Letter Motion from Jon P. Devendorf for Michelle Kinsman requesting Leave to file motion to withdraw without complying Local Rule 7.1(b)(2) submitted to Judge Andrew T. Baxter . (Arias, Kayla) |
| Filing 10 TEXT ORDER granting #9 Letter Request for an extension of pretrial deadlines. Discovery cutoff is extended to 10/31/2016 (deadline for plaintiff's expert disclosure(s) 8/2/2016; defendant's expert disclosure(s) deadline 9/16/2016; any rebuttal disclosures are due on or before 10/3/2016). Substantive motions are to be filed by 1/3/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/16/2016. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/16/2016. (mae) |
| Filing 9 Letter Motion from Christopher F. DeFrancesco for Kimber Cummings requesting Extension to Discovery Deadlines submitted to Judge Andrew T. Baxter . (DeFrancesco, Christopher) |
| TEXT NOTICE re #8 notice: Attorney Jason Halpin has been terminated as counsel of record for defendant Michelle Kinsman. Attorney Halpin's CM/ECF notifications will be disabled in this case after the submission of this entry. (mae) |
| Filing 8 NOTICE by Michelle Kinsman of Withdrawal of Appearance of Jason C. Halpin (Halpin, Jason) |
| Filing 7 TEXT ORDER: This action is hereby removed from the Mandatory Mediation Program for the reasons discussed during the 4/19/2016 Rule 16 conference. Counsel may request to be placed back in the program should the settlement posture of this case change at a later date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/19/2016. (mae) |
| Filing 6 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and amendment of pleadings is 5/30/2016. Discovery cutoff is 9/30/2016 (deadline for plaintiff's expert disclosure(s) 7/5/2016; defendant's expert disclosure(s) deadline 8/17/2016; any rebuttal disclosures are due on or before 9/1/2016). Substantive motions are to be filed by 12/2/2016. Case is waived out of the Mandatory Mediation Program. Anticipated length of jury trial: 4 days. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/19/2016. (mae) |
| Text Minute Entry for telephonic Rule 16 conference held before U.S. Magistrate Judge Andrew T. Baxter on 4/19/2016: Judge Baxter discusses settlement prospects with counsel and it is determined that, in light of the unresolved legal issues being addressed in this action and in the related state court action, mediation is unlikely to be a productive exercise in this case at this time. The court waives the action out of the mandatory mediation program, but will reconsider placing the case back into the program at a future status conference. Mandatory Disclosures have been exchanged. Deadlines set as follows: joinder of parties/amendment of pleadings deadline set to 5/30/2016; discovery deadline set to 9/30/2016; dispositive motion filing deadline set to 12/2/2016. Scheduling order to be issued on behalf of District Judge D'Agostino. A telephonic status conference is set for 7/13/2016 at 10:30 a.m. Appearances: Christopher F. DeFrancesco, Esq. for plaintiff; Jason C. Halpin, Esq. for defendant. TIME: 11:30 AM - 11:40 AM. (mae) |
| TEXT NOTICE of Hearing: A telephonic status conference is set for 7/13/2016 at 10:30 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. (mae) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #5 CIVIL CASE MANAGEMENT PLAN. Original document was not in pdf format. Replaced with pdf document. (khr) |
| Filing 5 CIVIL CASE MANAGEMENT PLAN by Kimber Cummings. (DeFrancesco, Christopher) (Main Document 5 replaced on 4/7/2016) (khr, ). |
| TEXT NOTICE of Hearing CHANGE: The telephonic Rule 16 conference set for 5/31/2016 is RESCHEDULED to 4/19/2016 at 10:30 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. The joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/12/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mae) |
| Filing 4 ANSWER to #1 Complaint by Michelle Kinsman.(Halpin, Jason) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/31/2016 10:00 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the partes are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/24/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| Filing 2 Summons Issued as to Michelle Kinsman, DDS. (khr) |
| Filing 1 COMPLAINT against Michelle Kinsman, DDS (Filing fee $400 receipt number 0206-3578931) filed by Kimber Cummings. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(khr) (Attachment 1 replaced on 2/22/2016 w/redacted version) (amt). |
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