Wolongevicz v. Town of Manlius et al
| Kerry Wolongevicz |
| Chief Pinsky, Benjamin Schmid, Manlius Fire Department, Chief of Police Francis Marlow, Captain Jeff Peckins, Manlius Police Department, Investigator James Gallup, John Doe(s), Village of Manlius, Captain Kevin Schafer, SGT. Christopher Cushman, Officer Ross Carnie, Town of Manlius, Jane Doe(s), Chief of Police Francis Marlowe and Francis Marlow |
| Francis Marlowe |
| David R. Homer |
| 5:2017cv00933 |
| August 23, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Miroslav Lovric |
| David E Peebles |
| Brenda K Sannes |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.
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Filing 109
STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Brenda K. Sannes on 10/2/2020. (rjb, )
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Filing 108
STIPULATION of Dismissal Pursuant to FRCP 41 by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius submitted to Judge Hon. Brenda K. Sannes/Hon. David E. Peebles. (Hansen, Sarah)
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Filing 107
STATUS REPORT Letter on settlement papers by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Hansen, Sarah)
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/2/20. Parties discussed two current provisions of the settlement agreement that are in dispute. After a discussion regarding the two provisions, the parties were encouraged to exchange drafts and work collaboratively and expeditiously to come to a resolution of this matter. MJ Peebles directed the parties to file a joint status report on or before 9/11/20. APP: A.J. Bosman, Esq., Sarah E. Hansen, Esq., Lauren Miller, Esq., Abigail L. Giarruso, Esq. (cam, )
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Filing 106
ORDER DISMISSING CASE BY REASON OF SETTLEMENT. Signed by Judge Brenda K. Sannes on 6/29/2020. (rjb, )
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Filing 105
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: A lengthy virtual settlement conference was held on 6/25/2020. The case is tentatively settled subject to preparation and exchange of settlement documents and the filing of a stipulation of discontinuance. APP. AJ Bosman, Esq., Sarah E. Hansen, Esq., David H. Walsh, Esq., Abigail Giarrusso, Esq. (cam, )
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Filing 104
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 6/17/2020. Judge Peebles asked the parties if they would prefer to have the mediation scheduled for 6/25/20 at 1:00 to be held in-person. After a brief discussion it was decided that the mediation will be held virtually. Chambers will be in touch with the parties to give them the instructions on how to participate. APP. AJ Bosman, Esq., Sarah E. Hansen, Esq., David H. Walsh, Esq., Abigail Giarrusso, Esq. (cam, )
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Filing 102
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/27/2020. Parties discuss scheduling a settlement conference and whether it will be held in-person or by skype-for-business. After a brief discussion, the parties agreed to schedule the settlement conference on 6/25/20 at 1:00 pm to be held by skype. Judge Peebles stated that he will make the arrangements. Settlement statements to be submitted ex parte by 6/18/20. A formal settlement conference notice will be forthcoming outlining the details of what is expected of the parties. APP. AJ Bosman, Esq., Sarah E. Hansen, Esq., David H. Walsh, Esq., Abigail Giarrusso, Esq. (cam, )
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TEXT NOTICE SCHEDULING a Settlement Conference to be held on 6/25/20 at 1:00 PM before Magistrate Judge David E. Peebles to be held by Skype-For-Business. Judge Peebles will make arrangements for the conference. In preparation for the scheduled settlement conference, not later than 6/18/20, the parties shall submit a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. The parties should also identify all the participants' names, e-mail addresses and phone numbers where they can be reached. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position. The parties should submit their statements by e-mail to cindy_stevens@nynd.uscourts.gov. (cam, )
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Filing 101
TEXT ORDER: based on the parties' joint proposal set forth in letter brief #99 , the discovery deadlines are adjusted as follows: (1) the deadline for Plaintiffs expert disclosure is 8/30/2020; (2) the deadline for Defendants expert disclosure is 9/20/2020; (3) the deadline for all discovery to be completed is 10/1/2020; and (4) the deadline for filing dispositive motions is 12/1/2020. These deadlines are firm and final. Magistrate Judge Peebles will contact the parties to schedule mediation. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/19/2020.(jdp )
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Filing 100
ORDER: Granting #98 Confidentiality Agreement. Signed by Magistrate Judge Miroslav Lovric on 5/19/2020. (jdp)
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Filing 99
LETTER BRIEF by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Hansen, Sarah)
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Filing 98
CONFIDENTIALITY AGREEMENT (Stipulated) (Giarrusso, Abigail)
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Filing 97
TEXT ORDER: at an on the record hearing on 5/4/2020, the Court set forth its decision regarding the discovery disputes contemplated in Dkt. Nos 94 & 95. As set forth on the record, Town of Manlius Defendants shall comply by 5/18/2020. On or before 5/18/2020, the parties shall file a joint status report regarding the progress of discovery, and to what extent, if any, the schedules need to be adjusted. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 5/5/2020. (jdp )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on the record telephone conference hearing was held on 5/4/2020. After considering the letter briefs [94 & 95] and hearing from counsel, the Court set forth its decision on the record. As directed by the Court at the hearing, Town of Manlius Defendants shall comply by 5/18/2020. On or before 5/18/2020, the parties shall file a joint status report regarding the progress of discovery, and to what extent, if any, the schedules need to be adjusted. The parties also discussed renewal of mediation. Appearances: A. Bosman, Esq., for Plaintiff, S. Hansen, Esq., for Town of Manlius Defendants, D. Walsh, Esq., for Defendant Village of Manlius, and A. Giarrusso, Esq., for Manlius Fire Department Defendants, and V. Theleman, Court Reporter. (jdp )
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Filing 96
TEXT ORDER: In light of Letter Briefs [94 & 95], the Court schedules an on the record hearing for 5/4/2020 at 12:00 p.m., which will be held via telephone conference. To participate in the telephone conference, the parties are directed to call (877) 336-1839 and enter access code 5177238. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/27/2020. (jdp )
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Filing 95
LETTER BRIEF addressing discoverability of employee records by Kerry Wolongevicz. (Bosman, AJ)
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Filing 94
LETTER BRIEF by Manlius Police Department, Town of Manlius. (Hansen, Sarah)
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Filing 93
TEXT ORDER: For the reasons set forth on the record at the telephone conference held on 3/24/2020, the Court issued it decisions and rulings as to the various discovery disputes summarized in Dkt. Nos. 81-91. As for the stipulated proposed Protective Order (Dkt. No. 88), it shall be signed by all parties to be bound by the order before re-submission to the Court. With respect to the disciplinary records of non-party employees Hebert and Dashno, the parties shall file letter briefs by 4/8/2020, setting forth their arguments. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/24/2020.(jdp)
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: on the record telephone conference was held on 3/24/2020. The Court addressed the discovery disputes, which are summarized in Dkt. Nos. 81-91. After considering all filings and hearing from all parties, the Court set forth on the record it decisions and rulings as to the various discovery disputes and issues as raised in Dkt. Nos. 81-91. As for the stipulated proposed Protective Order (Dkt. No. 88), it shall be signed by all parties to be bound by the order before its re-submission to the Court. With respect to the disciplinary records of non-party employees Hebert and Dashno, the parties shall file letter briefs by 4/8/2020, setting forth their arguments. Appearances: A. Bosman, Esq., for Plaintiff and S. Hansen, Esq., for Defendant Town of Manlius, D. Walsh, Esq., for Defendant Village of Manlius, and A. Giarrusso, Esq., for Defendant Manlius Fire Department and V. Theleman, Court Reporter. (jdp )
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Filing 92
TEXT ORDER: An on the record hearing is scheduled for 3/24/2020 at 3:30 p.m., to resolve discovery disputes among the parties. The hearing will be conducted via telephone conference. Plaintiff's counsel shall initiate the conference call on 3/24/2020. Once all participants are on the line, counsel shall call chambers at 607-779-2628. By 3/20/2020, the parties shall exchange privilege logs itemizing all communications that a party asserts is not discoverable as a result of privilege. The stipulated proposed Protective Order at Dkt. No. 88, shall be signed by all parties to be bound by the order before re-submission to the Court. SO ORDERED by Magistrate Judge Miroslav Lovric 3/12/2020.(jdp, )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: telephone conference held on 3/12/2020. APP: A. Bosman, Esq., for Plaintiff, S. Hansen, Esq., for Town of Manlius Defendants, D. Walsh, Esq., for Defendant Village of Manlius, and A. Giarrusso, Esq., for Manlius Fire Department Defendants. The Court addressed the discovery disputes among the parties, which are summarized in Dkt. Nos. 81-91. The Court scheduled a hearing for 3/24/2020 at 3:30 p.m, to resolve all discovery disputes. Before the hearing on 3/24/2020, the parties shall exchange privilege logs itemizing all communications that a party asserts is not discoverable as a result of privilege. The stipulated proposed Protective Order (Dkt. No. 88), shall be signed by all parties to be bound by the order before re-submission to the Court. The Court encourages the parties to make every effort to resolve as many discovery disputes as possible before the hearing of 3/24/2020. (jdp )
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Filing 91
LETTER BRIEF in reply to Town Defendants' letter brief addressing privilege by Kerry Wolongevicz. (Bosman, AJ)
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Filing 90
LETTER BRIEF by Manlius Police Department, Town of Manlius. (Attachments: #1 Affidavit)(Hansen, Sarah)
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Filing 89
LETTER BRIEF by Manlius Police Department, Town of Manlius. (Attachments: #1 Affidavit)(Hansen, Sarah)
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Filing 88
STATUS REPORT by Village of Manlius. (Attachments: #1 Exhibit(s))(Walsh, David)
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Filing 87
ORDER: granting #80 Letter Request for Confidentiality Order. Signed by Magistrate Judge Miroslav Lovric on 3/5/2020. (jdp )
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CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk was contacted by Attorney Sarah E. Hansen's office and was advised that the #86 LETTER BRIEF was originally filed with a page attached that was not relevant to this case. The document was then replaced with a corrected version. (pjh)
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Filing 86
LETTER BRIEF by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Attachments: #1 Affidavit)(Hansen, Sarah) Modified on 3/5/2020 the document was originally filed containing a page that was not relevant to the case. The document was replaced with a corrected version (pjh, ).
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Filing 85
STATUS REPORT concerning status of discovery by Kerry Wolongevicz. (Bosman, AJ)
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Filing 84
LETTER BRIEF by Village of Manlius. (Walsh, David)
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Filing 83
LETTER BRIEF by Manlius Fire Department, Pinsky, Benjamin Schmid. (Giarrusso, Abigail)
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Filing 82
LETTER BRIEF addressing discovery issues involving witness interviews, etc. by Kerry Wolongevicz. (Bosman, AJ)
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Filing 81
LETTER BRIEF by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Hansen, Sarah)
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Filing 80
Letter Motion from AJ Bosman for Kerry Wolongevicz requesting Judge's signature on Order submitted to Judge Lovric . (Attachments: #1 Proposed Order/Judgment Stipulated Confidentiality Order)(Bosman, AJ)
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Filing 79
TEXT ORDER: The parties are directed to provide and exchange discovery materials as the Court set forth on the record at the 2/18/2020 Hearing and to do so by 3/3/2020. Plaintiff shall provide to defendants by 3/3/2020: telephone records as still outstanding; any additional source of income records; SPCA W2 forms; an amended South Shore signed authorization form; signed authorization forms for all employment files and school records. Attorney Hansen shall provide to Plaintiff by 3/3/2020: any statements that do Not implicate attorney-client privilege; a privilege log; data concerning comparable officers whose disclosure does Not violate any law, statute or court decision; materials from personnel files whose disclosure is Not prohibited by any law, statute, or court decision. The Court directs that as to discovery issues that remain in dispute, and as discussed in detail on the record on 2/18/2020, concerning statements potentially implicating attorney-client privilege; data concerning comparable officers; and personnel files, parties are directed to attempt to resolve these issues and if unable to resolve such then to file briefs by 3/3/2020 and reply briefs by 3/10/2020. All parties are directed to file status reports by 3/4/2020 addressing in detail the status of discovery and also advising the Court as to whether all John Doe and Jane Doe should be dismissed and removed from the docket. The next telephone conference is scheduled for 3/12/2020 at 9:00 AM with attorney Giarrusso conferencing all other counsel and then calling chambers at 607-779-2628. Counsel are advised that the previously scheduled telephone conference for 4/3/2020 is cancelled. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/18/2020. (jdp )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Court held an In Person and on the record Hearing on 2/18/2020. APP: A. Bosman, Esq. for the plaintiff, S. Hansen, Esq., D. Walsh, Esq. and A. Giarrusso, Esq. for the Defendants. The Court reminded the parties that the current deadlines and schedules are Firm. Completion of All Discovery expires on 5/30/2020. Dispositive Motions must be filed by 7/24/2020. See Dkt. No. 58. The Court addressed discovery disputes and issues that have arisen. The Court heard arguments from all parties regarding discovery disputes including those summarized in status reports [72, 73, 74, & 76]. The Court set forth on the record decisions and rulings on a number of discovery issues. See also Text Order. The Court directed parties to provide materials, as identified on the record, to opposing counsel by 3/3/2020. All parties were directed to file status reports by 3/4/2020. The next telephone conference is scheduled for 3/12/2020 at 9:00 AM with attorney Giarrusso conferencing all other counsel and then calling chambers at 607-779-2628. Counsel were advised that the previously scheduled telephone conference for 4/3/2020 is cancelled. The Court directed that as to discovery issues that remain in dispute, and as discussed in detail on the record, concerning statements potentially implicating attorney-client privilege; data concerning comparable officers; and personnel files, parties are to attempt to resolve the issues and if unable to resolve such then to file briefs by 3/3/2020 and reply briefs by 3/10/2020. (jdp )
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Filing 78
TEXT ORDER: Letter Motion #77 is GRANTED. The In Person and on the record Hearing scheduled for 2/10/2020 is hereby Adjourned and Re-Scheduled to 2/18/2020 at 11:00 AM at the U.S. Courthouse 15 Henry Street, Binghamton, New York. Appearances are required. Counsel should be prepared to address all discovery matters including those summarized in status reports [72, 73, & 74]. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/10/2020. (jdp)
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Filing 77
Letter Motion from AJ Bosman for Kerry Wolongevicz requesting Rescheduling of 2/10/20 hearing submitted to Judge Lovric . (Bosman, AJ)
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Filing 76
STATUS REPORT by Kerry Wolongevicz. (Bosman, AJ)
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Filing 75
TEXT ORDER: Plaintiff is ORDERED to file its status report by 2/5/2020. All status reports were due to be filed by 1/31/2020 and Plaintiff failed to timely file a report. Furthermore, based upon the status reports as filed by defendants [72, 73 & 74], the Court hereby ORDERS an In Person and on the record Hearing on 2/10/2020 at 11:00 AM at the U.S. Courthouse 15 Henry Street, Binghamton, New York. Appearances by all counsel are required. Based upon the status reports filed by defendants, it is this Court's view that significant discovery issues have arisen and the Court intends to address them at the Hearing. All counsel should be prepared to address all discovery matters including those summarized in status reports [72, 73, & 74]. The Court hereby once again advises the parties that the current deadlines and schedules, as follows, are Firm and Final: Joinder of Parties and Amendment of Pleadings Expired on 8/31/2019; Completion of Mandatory Mediation Expired; Completion of ALL Discovery [including documentary, expert disclosures, and all depositions including experts] Expires on 5/30/2020; and Dispositive Motions must be filed by 7/24/2020. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/3/2020. (jdp, )
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Filing 74
STATUS REPORT by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Attachments: #1 Exhibit(s) A - Letter of January 8, 2020)(Hansen, Sarah)
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Filing 73
STATUS REPORT by Village of Manlius. (Walsh, David)
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Filing 72
STATUS REPORT by Manlius Fire Department, Pinsky, Benjamin Schmid. (Giarrusso, Abigail)
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Filing 71
TEXT ORDER: The Court Orders all parties to file Status Reports/Letters by 1/31/2020 describing in detail status of all discovery, any remaining discovery issues, and whether any Court intervention is needed to complete discovery. The Court also Orders that the next telephone conference will take place on 4/3/2020 at 9:30 AM with attorney Hansen coordinating the conference call and then dialing chambers at 607-779-2628. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/3/2020. (jdp )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 1/3/2020. APP: A. Bosman, Esq. for the Pltf, S. Hansen, Esq., D. Walsh, Esq. and A. Giarrusso, Esq. for the Defendants. The Court reminded the parties of the current discovery deadline and motions filing deadline, that these deadlines are firm, and that all counsel should review said schedules/deadlines at Dkt. No. 58. Attorney Hansen advised the Court that prior to deposing Plaintiff that attorney Hansen may require Court intervention by way of subpoenas in acquiring still needed records/materials from third parties regarding records relating to plaintiff, and attorney Hansen still awaiting materials from plaintiff's counsel. The Court directed all parties to file Status Reports/Letters by 1/31/2020 describing in detail status of all discovery, any remaining discovery issues, and whether any Court intervention is needed to complete discovery. The Court also directed that the next telephone conference will take place on 4/3/2020 at 9:30 AM with attorney Hansen coordinating the conference call and then dialing chambers at 607-779-2628. (jdp )
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Filing 70
AFFIDAVITS concerning joint representation by Benjamin Schmid, Bradley Pinsky and Manlius Fire Department. (Affidavits filed ex parte per the direction of the court. Accordingly, these documents will only be available to the individuals' counsel.) Attachments: #1 Affidavit Benjamin Schmid, #2 Affidavit Bradley Pinsky, #3 Affidavit Manlius Fire Department(jdp )
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Filing 69
***SEALED DUNTON DOCUMENT pursuant to 68 Text Order. (Attachments: #1 Sealed Affidavit, #2 Sealed Envelope) (jdp )
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Filing 68
TEXT ORDER: Letter Motion #67 is GRANTED. Dunton Letter and Affidavits shall be forwarded to the Clerk of Court by 11/18/2019. Furthermore, the Court has recently altered its Dunton filing procedures and therefore advises and directs as follows. DUNTON TEXT ORDER: The Court is aware that the defendants are jointly represented in this case by the same counsel. In addition to counsels ethical obligation to inform each client of the potential adverse consequences of joint representation, this court has a continuing obligation to supervise the bar and assure litigants a fair trial. See Dunton v. County of Suffolk, State of N.Y., 729 F.2d 903, 908-09 (2d Cir. 1984). Accordingly, it is my duty to ensure that each defendant in this action represented by counsel fully appreciates the potential inherent conflict in joint representation of multiple defendants and understands the potential threat a conflict may pose to each defendants interests. Id. at 909. ACCORDINGLY, it is ORDERED that: (1) If it has not already been accomplished, counsel for defendants shall send a letter to OR have a detailed conversation with each of their individual clients in this action (a) outlining the circumstances under which an actual or potential conflict of interest may arise, including but not limited to those implicated by Canons 5 and 9 of The Lawyer's Code of Professional Responsibility, as adopted by the Northern District of New York (L.R. 83.4(j)), and (b) advising whether counsel plans to take a position adverse to that client's interests at trial; (2) after being informed of the potential or actual conflict, (a) if any client wishes to retain separate counsel, they will be given leave to promptly and expeditiously do so, in which case new counsel shall submit a Notice of Appearance to this Court, or (b) alternatively, in the event that any individual client wishes to proceed while being represented by current counsel, I will require additional assurance that the client has made an informed decision to do so, notwithstanding the potential for conflict, which must be in the form of a sworn affidavit from the client FILED UNDER SEAL (i) acknowledging that he or she has been given written or detailed oral notice by counsel of the potential for conflict, (ii) acknowledging that he or she understands the potential conflict and its ramifications, and (iii) stating that he or she has knowingly and voluntarily chosen to proceed with joint representation; and (3) a client/party who consents to joint representation will not be deemed to have waived his or her right to retain separate counsel. Any affidavit filed pursuant to Part 2(b) of this order, shall be filed ex parte UNDER SEAL by mail OR e-mail to the Court and shall also include a cover letter from counsel summarizing the position of the attached affidavit(s) as well as direction to file under seal the cover letter and affidavit(s). No extension of deadlines established in the Uniform Pretrial Scheduling Order or of the trial date will be granted because of any substitution of counsel pursuant to Part 3 of this order, unless a client/party establishes that the substitution resulted from a conflict of interest which could not reasonably have been foreseen when the client/party filed his or her affidavit agreeing to joint representation and that the client/party promptly proceeded to obtain separate counsel upon learning of the conflict of interest. Counsel shall file UNDER SEAL by forwarding to the Court Clerk by mail OR email the appropriate cover letter with appropriate affidavit(s) no later than 11/18/2019. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/4/2019. (jdp )
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Filing 67
Letter Motion from J. Polito for Manlius Fire Department, Pinsky, Benjamin Schmid requesting extension to file Dunton Status Letter and affidavits submitted to Judge Lovric . (Polito, Jacqueline)
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Filing 66
LETTER BRIEF Enclosing Affidavits by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Attachments: #1 Affidavit)(Hansen, Sarah)
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Filing 65
TEXT ORDER: The attorneys/counsel of record who are representing multiple clients/parties in this matter are directed to file a Dunton Status Letter and attach Affidavits, and which must be filed by 11/4/2019. Next Telephone Conference is set for 1/3/2020 at 11:30 AM before Magistrate Judge Miroslav Lovric. Defendant's Counsel is directed to initiate the call to chambers, which can be reached at 607-779-2628. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/4/2019. (jdp )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 10/3/2019. APP: A. Bosman, Esq. for the Plaintiff, S. Hansen, Esq., D. Walsh, Esq., and A. Giarrusso, Esq. for the Defendants. Parties discussed and advised the Court where they are in the litigation preparation and discovery proceedings. The Court reminded the parties that the deadlines as currently set are firm and referred the parties to Docket No. 58 for those deadlines. Mediation has been completed and no settlement. Judge advised the parties that if they have discovery disputes, that they are to promptly file a letter motion/status letter with the Court and the Court will promptly schedule a hearing in person on the record in Binghamton, New York. The Court directed the attorneys/counsel who are representing multiple clients in this matter to file a Dunton Status Letter and attach Affidavits, and which must be filed by 11/4/2019. Next Telephone Conference is set for 1/3/2020 at 11:30 AM before Magistrate Judge Miroslav Lovric. Defendant's Counsel is directed to initiate the call to chambers, which can be reached at 607-779-2628. (jdp )
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Filing 64
STIPULATION AND ORDER re #63 Notice-Consent to change Attorney. Signed by Magistrate Judge Miroslav Lovric on 7/22/2019. (jdp )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 7/17/2019; APP: A. Bosman, Esq. for the Plaintiff, S. Hanse, Esq. for Defendant Town of Manlius, D. Walsh, Esq. for Defendant Village of Manlius and A. Giarrusso, Esq. for Defendant Manlius Fire Department. Court reaffirms that the deadlines are firm and parties acknowledge; Defendants Town of Manlius advise the court that they have received demands from the Plaintiff; Plaintiff advises they have not received demands; Demands have been made to Manlius Fire Department but will not interfere with mediation. Next telephone conference is set for 10/3/2019 at 10:00 AM before Magistrate Judge Miroslav Lovric. Plaintiff is directed to initiate the call to chambers, which can be reached at (607) 779-2628. (jdp )
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Filing 63
NOTICE by Village of Manlius Consent to Change Attorney (Walsh, David)
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Filing 62
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (jdp, )
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Filing 61
TEXT NOTICE : Parties are advised that the Telephone conference scheduled for July 17, 2019 at 3:00 PM, Pltf's Counsel is now directed to call 607-779-2632. (jdp )
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Filing 60
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on June 21, 2019. Total Hours Spent by Mediator: 2.5; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Homer, David)
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ADR COMPLETED - CASE DID NOT SETTLE. Mediator David R. Homer terminated.(rjb, )
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Filing 59
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that David R. Homer 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: Sarah E. Hansen and AJ Bosman, David Walsh and Jacqueline Polito. Dated: 5-7-19(Hansen, Sarah)
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Filing 58
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 10 days. Preferred Trial Location: Syracuse. Joinder of Parties due by 8/31/2019. Amended Pleadings due by 8/31/2019. Completion of Mandatory Mediation is due by 6/30/2019. Completion of all Discovery due by 5/30/2020. Dispositive Motions must be filed by 7/24/2020. *Please see addendum regarding extensions of time*. Signed by Magistrate Judge David E. Peebles on 4/4/2019. (Attachments: #1 Addendum)(sal )
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Filing 57
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 5/2/2019. Deadline for completion of Mandatory Mediation is 6/30/2019. Signed by Magistrate Judge David E. Peebles on 4/4/2019. (sal )
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Set Hearings: A Telephone Conference is set for 7/17/2019 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)
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 4/4/2019. Mandatory disclosures have been exchanged. Initial written discovery demands will be served. Mandatory Mediation must be completed by 6/30/2019. Joinder and amendment deadlines are set for 8/31/2019. Plaintiff's expert disclosure is due by 2/21/2020. Defendants' expert disclosures are due by 4/3/2020. Completion of expert depositions are due by 5/1/2020. Completion of all discovery due by 5/30/2020. Dispositive motions must be filed by 7/24/2020. This will be a jury trial, 10 days, in Syracuse. Next telephone conference is set for 7/17/2019 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: AJ Bosman, Esq., Sarah Hansen, Esq., David Walsh, IV, Esq., and Abigail Giarrusso, Esq.. (sal )
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Filing 56
CIVIL CASE MANAGEMENT PLAN by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius. (Hansen, Sarah)
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Filing 55
ANSWER to #35 Amended Complaint (Second Amended Complaint) by Village of Manlius.(Walsh, David)
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Filing 54
ANSWER to #35 Amended Complaint by Manlius Fire Department, Pinsky, Benjamin Schmid.(Giarrusso, Abigail)
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Filing 53
TEXT ORDER granting #52 Letter Request. The IN PERSON Initial Conference set for 2/19/2019 at 11:00 AM is RESCHEDULED for 4/4/2019 at 10:00 AM in Syracuse, 10th floor, 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 3/28/2019. (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 1/11/2019. (sal)
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Filing 52
LETTER MOTION by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius Requesting an Adjournment of Initial Conference submitted to Magistrate Judge David E. Peebles (Hansen, Sarah) Modified on 1/10/2019 to change from a notice to a letter motion (sal ).
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Filing 51
TEXT ORDER : An in person Initial Conference is set for 2/19/2019 at 11:00 AM in Syracuse, 10th floor, 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 2/12/2019. (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 1/4/2019. (sal )
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***Answer due date updated for Village of Manlius answer due to plaintiff's #35 second amended complaint on or before 1/17/2019. (sal)
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Filing 50
ORDER granting in part and denying in part #39 Motion to Dismiss for Failure to State a Claim and #42 Motion to Dismiss. Signed by Judge Brenda K. Sannes on 1/3/2019. (rjb, )
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Filing 49
NOTICE by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius (Hansen, Sarah)
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TEXT NOTICE regarding #39 Second Motion to Dismiss for Failure to State a Claim and #42 Motion to Dismiss Plaintiff's Second Amended Complaint and the Police Department Defendants' Cross-Claim : All motions returnable before District Judge Sannes are taken on submit basis unless otherwise stated by the court, therefore, the above referenced motions are taken on submit basis and NO APPEARANCES ARE REQUIRED. (sal )
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Filing 48
REPLY to Response to Motion re #42 MOTION to Dismiss Plaintiff's Second Amended Complaint and the Police Department Defendants' Cross-Claim filed by Manlius Fire Department, Pinsky, Benjamin Schmid. (Attachments: #1 Second Supplemental Declaration of Bradley M. Pinsky, #2 Exhibit(s) A)(Upal, Hinna)
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Filing 47
REPLY to Response to Motion re #39 Second MOTION to Dismiss for Failure to State a Claim filed by Village of Manlius. (Walsh, David)
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Filing 46
RESPONSE in Opposition re #42 MOTION to Dismiss Plaintiff's Second Amended Complaint and the Police Department Defendants' Cross-Claim, #39 Second MOTION to Dismiss for Failure to State a Claim filed by Kerry Wolongevicz. (Attachments: #1 Memorandum of Law)(Bosman, AJ)
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Filing 45
ANSWER to #37 Answer to Amended Complaint,, Crossclaim, by Manlius Fire Department, Pinsky, Benjamin Schmid.(Polito, Jacqueline)
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Filing 44
TEXT ORDER regarding #40 Letter Request to reschedule Rule 16 Conference: Due to the pending #39 & #42 motions to dismiss recently filed in this action, the in person Rule 16 Conference set for 10/11/2018 at 11:00 AM is adjourned without date pending a decision on the motions. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 9/17/2018. (sal )
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Filing 43
NOTICE OF MOTION by Manlius Fire Department, Pinsky, Benjamin Schmid re #42 MOTION to Dismiss Plaintiff's Second Amended Complaint and the Police Department Defendants' Cross-Claim Corrected: Notice of Motion to Dismiss Plaintiff's Second Amended Complaint (Polito, Jacqueline)
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Filing 42
MOTION to Dismiss Plaintiff's Second Amended Complaint and the Police Department Defendants' Cross-Claim Motion Hearing set for 10/18/2018 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/1/2018 Reply to Response to Motion due by 10/9/2018. filed by Manlius Fire Department, Pinsky, Benjamin Schmid. (Attachments: #1 Declaration of Jacqueline Phipps Polito, #2 Exhibit(s) A to J. Polito Declaration, #3 Supplemental Declaration of Chief Bradley M. Pinsky, #4 Memorandum of Law in Support of Motion) (Polito, Jacqueline)
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Filing 41
NOTICE of Appearance by Hinna M. Upal on behalf of Manlius Fire Department, Pinsky, Benjamin Schmid (Upal, Hinna)
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Filing 40
Letter Motion from Sarah E. Hansen, Esq. for Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlowe, Jeff Peckins, Kevin Schafer, Town of Manlius requesting Adjournment of Initial Conference submitted to Judge Peebles . (Hansen, Sarah)
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Filing 39
Second MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/18/2018 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/1/2018 Reply to Response to Motion due by 10/9/2018. filed by Village of Manlius. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A) (Walsh, David)
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Filing 38
G.O. 25 FILING ORDER ISSUED: An IN PERSON Initial Conference is set for 10/11/2018 at 11:00 AM at the Federal Building, 100 S. Clinton Street, 10th floor, in Syracuse, 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 10/4/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal )
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Filing 37
ANSWER to #35 Amended Complaint , CROSSCLAIM against Jane Doe(s), John Doe(s), Manlius Fire Department, Pinsky, Benjamin Schmid, Village of Manlius by Ross Carnie, James Gallup, Jeff Peckins, Kevin Schafer, Christopher Cushman, Town of Manlius, Francis Marlowe, Manlius Police Department.(Hansen, Sarah)
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***Answer due date updated for Ross Carnie answer due 9/14/2018; Christopher Cushman answer due 9/14/2018; James Gallup answer due 9/14/2018; Manlius Fire Department answer due 9/14/2018; Manlius Police Department answer due 9/14/2018; Francis Marlowe answer due 9/14/2018; Jeff Peckins answer due 9/14/2018; Pinsky answer due 9/18/2018; Kevin Schafer answer due 9/14/2018; Benjamin Schmid answer due 9/14/2018; Town of Manlius answer due 9/14/2018; Village of Manlius answer due 9/14/2018. (sfp, )
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Filing 36
AFFIDAVIT of Service for Summons, Complaint and Amended Complaint served on Defendant Pinsky on 8/28/2018, filed by Kerry Wolongevicz. (Attachments: #1 Affidavit of Mailing)(Bosman, AJ)
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Filing 35
AMENDED COMPLAINT (Second Amended Complaint) against All Defendants filed by Kerry Wolongevicz.(Bosman, AJ)
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Filing 34
TEXT ORDER: The Court has reviewed Plaintiff's request for a ten-day extension to complete service on Defendant Pinsky #31 . Defendant Pinsky has filed a response #32 in opposition to Plaintiff's request, which the Court has also reviewed. Plaintiff's request is GRANTED and the deadline for service and filing a certificate of service is extended to 8/31/2018. No further extensions will be granted. If a certificate of service is not filed by 8/31/2018, Defendant Pinsky will be terminated as a Defendant in this case without further order. SO ORDERED by Judge Brenda K. Sannes on 8/22/18. (rjb, )
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Filing 33
REPLY to Response to Motion re #31 Letter Motion from A.J. Bosman, Esq. for Kerry Wolongevicz requesting Extension of Time for Service submitted to Judge Sannes filed by Kerry Wolongevicz. (Bosman, AJ)
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Filing 32
RESPONSE in Opposition re #31 Letter Motion from A.J. Bosman, Esq. for Kerry Wolongevicz requesting Extension of Time for Service submitted to Judge Sannes filed by Manlius Fire Department, Pinsky, Benjamin Schmid. (Polito, Jacqueline)
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Filing 31
Letter Motion from A.J. Bosman, Esq. for Kerry Wolongevicz requesting Extension of Time for Service submitted to Judge Sannes . (Bosman, AJ)
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Filing 30
AMENDED DECISION AND ORDER amending the #29 Order soley to clarify the date for filing of the Second Amended Complaint. Signed by Judge Brenda K. Sannes on 8/8/18. (rjb, )
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Filing 29
ORDER that Defendant Pinsky's motion to dismiss (Dkt. No. #14 ) under Rule 12(b)(5) is GRANTED in part and DENIED in part; if Plaintiff does not, within 14 days of the date of this order, effectuate service on Defendant Pinsky and file a certificate of service, the Clerk of the Court shall DISMISS Defendant Pinsky from this action without further order. ORDER that the Fire Department Defendants' motion to dismiss (Dkt. No. #14 ) under Rule 12(b)(6) is GRANTED in part as follows: Plaintiff's NYSHRL, Fourteenth Amendment, Monell, Title VII, and Tortious Interference claims are DISMISSED without prejudice; and the Manlius Fire Department is DISMISSED as a defendant in this action. ORDER that the Fire Department Defendants' motions to dismiss (Dkt. Nos. #14 , #22 ) the Town Defendants' cross-claim for indemnification are GRANTED and the cross-claim for indemnification is DISMISSED without prejudice; the Fire Department Defendants' motions to dismiss (Dkt. Nos. #14 ) are otherwise DENIED. ORDER that the Village Defendant's motion to dismiss (Dkt. No. #13 ) is GRANTED and the Village of Manlius is DISMISSED as a defendant in this action. ORDER that the Town Defendants' motion to dismiss (Dkt. No. #18 ) under Rule 12(c) the intentional infliction of emotional distress claim against Defendants Gallup, Carnie, Peckins, and Cushman and the prima facie tort claim is GRANTED; the Town Defendants' motion to dismiss (Dkt. No. #18 ) is otherwise DENIED. ORDER that Plaintiff's cross-motion to amend the complaint (Dkt. No. #23 ) is GRANTED and Plaintiff is directed to revise the PSAC in accordance with the guidance provided in this Memorandum-Decision and Order and file a Second Amended Complaint by August 31, 2018. Signed by Judge Brenda K. Sannes on 8/3/18. (rjb, )
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TEXT NOTICE TO COUNSEL: The pending motions will be heard by Judge Sannes on submission of the papers. Counsel will be notified at a later date if oral argument is deemed necessary. (rjb, )
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Filing 28
REPLY to Response to Motion re #23 Cross MOTION to Amend/Correct #4 Amended Complaint , #13 First MOTION to Dismiss for Failure to State a Claim Defendant Village of Manlius's Combined Reply in Further Support of its Motion to Dismiss Plaintiff's Amended Complaint and Opposition to Plaintiff's Cross-Motion to Amend the Amended Complaint filed by Village of Manlius. (Walsh, David)
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Filing 27
REPLY to Response to Motion re #22 MOTION to Dismiss Defendant Chief of Police Francis Marlowe's Cross-Claim, #14 MOTION to Dismiss for Failure to State a Claim , #23 Cross MOTION to Amend/Correct #4 Amended Complaint Reply Memorandum of Law in Further Support of the Fire Department Defendants' Motion to Dismiss Plaintiff's Amended Complaint and the Town Police Department Defendants' Cross-Claim and in Opposition to Plaintiff's Cross-Motion to Amend the Amended Complaint filed by Manlius Fire Department, Pinsky, Benjamin Schmid. (Polito, Jacqueline)
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Filing 26
REPLY to Response to Motion re #23 Cross MOTION to Amend/Correct #4 Amended Complaint , #18 MOTION to Dismiss for Failure to State a Claim Further Supporting Motion to Dismiss filed by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlow, Jeff Peckins, Kevin Schafer. (Attachments: #1 Exhibit(s) A, #2 Memorandum of Law)(Hansen, Sarah)
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Filing 25
TEXT ORDER granting #24 Letter Request for an extension of time to reply to the #13 First MOTION to Dismiss for Failure to State a Claim : Reply to Response to Motion due by 11/8/2017. SO ORDERED by Judge Brenda K. Sannes on 11/6/17. (rjb, )
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Filing 24
Letter Motion from Village of Manlius for Village of Manlius requesting Extension of time to reply to motion submitted to Judge Sannes . (Walsh, David)
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Filing 23
Cross MOTION to Amend/Correct #4 Amended Complaint Motion Hearing set for 11/16/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/30/2017 filed by Kerry Wolongevicz. (Attachments: #1 Affirmation of A.J. Bosman, Esq., #2 Exhibit A to Attorney Affirmation, #3 Exhibit B to Attorney Affirmation, #4 Proposed Second Amended Complaint, #5 Memorandum of Law) Motions referred to David E. Peebles. (Bosman, AJ)
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Filing 22
MOTION to Dismiss Defendant Chief of Police Francis Marlowe's Cross-Claim Motion Hearing set for 12/7/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 11/20/2017 Reply to Response to Motion due by 11/27/2017. filed by Manlius Fire Department, Pinsky, Benjamin Schmid. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss Defendant Chief of Police Francis Marlowe's Cross-Claim) (Polito, Jacqueline)
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Filing 21
TEXT ORDER granting #20 Letter Request for an extension of time to respond to the #14 MOTION to Dismiss for Failure to State a Claim , #18 MOTION to Dismiss for Failure to State a Claim and #13 First MOTION to Dismiss for Failure to State a Claim : Response to Motions due by 10/30/2017; Replies due by 11/6/2017. The motions will be heard on submission of the papers. Counsel will be notified if oral argument is deemed necessary after the papers have been reviewed. SO ORDERED by Judge Brenda K. Sannes on 10/17/17. (rjb, )
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Filing 20
Letter Request/ Letter Motion from A.J. Bosman, Esq. for Kerry Wolongevicz requesting adjournment, on consent, of Defendants' motions to dismiss submitted to Judge Sannes . (Bosman, AJ)
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Filing 19
TEXT ORDER: Due to the pending motions to dismiss, the in person Rule 16 Conference scheduled for 10/18/2017 at 3:30 PM in Syracuse is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 10/3/2017. (sal )
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Filing 18
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/2/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/16/2017 Reply to Response to Motion due by 10/23/2017. filed by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Francis Marlow, Jeff Peckins, Kevin Schafer, Town of Manlius. (Attachments: #1 Memorandum of Law, #2 Affirmation of Sarah E. Hansen, Esq., #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E) (Hansen, Sarah)
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Filing 17
ANSWER to #4 Amended Complaint , CROSSCLAIM against Jane Doe(s), John Doe(s), Manlius Fire Department, Pinsky, Benjamin Schmid, Village of Manlius by Francis Marlow.(Hansen, Sarah)
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Filing 16
TEXT SCHEDULING ORDER: Due to a conflict in plaintiff's counsel's calendar, the Initial Conference scheduled for 9/25/17 at 9:30 am has been rescheduled to 10/18/17 at 3:30 PM in-person in Syracuse before Magistrate Judge David E. Peebles. Authorized by Magistrate Judge David E. Peebles on 9/22/17. (cam, )
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Filing 15
CIVIL CASE MANAGEMENT PLAN PROPOSED by James Gallup, Manlius Fire Department, Manlius Police Department, Francis Marlow, Jeff Peckins, Kevin Schafer, Town of Manlius, Village of Manlius. (Hansen, Sarah)
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Filing 14
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/2/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/16/2017 Reply to Response to Motion due by 10/23/2017. filed by Manlius Fire Department, Pinsky, Benjamin Schmid. (Attachments: #1 Memorandum of Law, #2 Declaration of Jacqueline Phipps Polito, #3 Exhibit(s) A to Polito Declaration, #4 Declaration of Chief Bradley M. Pinsky, #5 Declaration of Benjamin Schmid, #6 Certificate of Service) (Polito, Jacqueline)
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Filing 13
First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/2/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/16/2017 Reply to Response to Motion due by 10/23/2017. filed by Village of Manlius. (Attachments: #1 Memorandum of Law Rule 12(b)(6) Motion to Dismiss, #2 Exhibit(s) Exhibit A - Portion of Plaintiff's 50-H Testimony) (Walsh, David)
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Filing 12
ANSWER to #4 Amended Complaint , CROSSCLAIM against Jane Doe(s), John Doe(s), Manlius Fire Department, Pinsky, Benjamin Schmid, Village of Manlius by James Gallup, Jeff Peckins, Town of Manlius, Manlius Police Department, Kevin Schafer, Christopher Cushman, Ross Carnie.(Hansen, Sarah)
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Filing 11
TEXT ORDER granting #9 & #10 Letter Requests for an extension of time for defendants Manlius Fire Department, Chief Pinsky, Benjamin Schmid, and Village of Manlius to answer, move or otherwise respond to plaintiff's #4 amended complaint on or before 9/18/2017. Authorized by Magistrate Judge David E. Peebles on 8/29/2017. (sal, )
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Filing 10
Letter Motion from David H. Walsh for Village of Manlius, Village of Manlius requesting Extension of time to answer, move, or otherwise respond to Plaintiff's Amended Complaint submitted to Judge David E. Peebles . (Walsh, David)
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Filing 9
Letter Motion from Abigail Giarrusso for Manlius Fire Department, Manlius Fire Department, Pinsky, Pinsky, Benjamin Schmid, Benjamin Schmid requesting Extension to Respond to Complaint submitted to Judge Peebles . (Giarrusso, Abigail)
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Filing 8
AFFIDAVIT of Service for Notice of Removal with exhibits, Notice of Examination Before Trial, G.O. 25 Filing Order, state court Answer, and state court Notice of Filing of the Notice of Removal served on Attorneys for Plaintiff, Attorneys for Defendants Manlius Fire Department, Chief Pinsky and Benjamin Schmid, and Attorneys for Defendants Village of Manlius on August 25, 2017, by mail, filed by Ross Carnie, Christopher Cushman, James Gallup, Manlius Police Department, Jeff Peckins, Kevin Schafer, Town of Manlius. (Hansen, Sarah)
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Filing 7
NOTICE of Appearance by David H. Walsh, IV on behalf of Village of Manlius (Walsh, David)
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Filing 6
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Manlius Fire Department. (Giarrusso, Abigail)
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Filing 5
NOTICE of Appearance by Abigail L. Giarrusso on behalf of Manlius Fire Department, Pinsky, Benjamin Schmid (Giarrusso, Abigail)
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Filing 4
AMENDED COMPLAINT against All Defendants filed by Kerry Wolongevicz.(Bosman, AJ)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 9/25/2017 at 09:30 AM in Syracuse 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 9/18/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, )
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Filing 2
STATE COURT COMPLAINT. (sfp, )
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Filing 1
NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 2017EF1908 (Filing fee $400 receipt number 4112019) filed by Kevin Schafer, Town of Manlius, Jeff Peckins, Christopher Cushman, Ross Carnie, James Gallup, Manlius Police Department. (Attachments: #1 Exhibit A-summons and complaint, #2 Exhibit B-affidavits of service, #3 Exhibit C-Answer with cross claim, #4 Exhibit D-Joinder of removal, #5 Jury Demand, #6 Certificate of Service for Jury Demand, #7 Notice for Examination before Trial, #8 Certificate of Service for Notice of Examination before Trial, #9 Certificate of Service for Answer, #10 Certificate of Service for Notice of Removal, #11 Civil Cover Sheet)(sfp, )
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***Answer due date updated for Manlius Fire Department answer due 8/30/2017; Pinsky answer due 8/30/2017; Benjamin Schmid answer due 8/30/2017; Village of Manlius answer due 8/30/2017. (sfp, )
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