Murphy v. Onondaga County et al
Plaintiff: Kevin Murphy
Defendant: Jammie Blumer, The Onondaga County Sheriff's Department, Carl Hummel, Jason Cassalia, Joseph Peluso, Joseph Ciciarelli, Michael Dickinson, Jonathan Anderson, Roy Gratien, Eugene Conway, Onondaga County, Westcott Events, LLC, Melanie S. Carden, Lindsey M. Luczka, Bryan K. Edwards, Stefano Cambareri and William Fitzpatrick
Case Number: 5:2018cv01218
Filed: October 11, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Christian F Hummel
2 Judge: Gary L Sharpe
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2021 Opinion or Order Filing 160 LETTER BRIEF on new developments by Kevin Murphy. (Parry, Jeffrey)
August 30, 2021 Opinion or Order Filing 159 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Opportunity to rebut submitted to Judge Sharpe . (Parry, Jeffrey)
August 30, 2021 Opinion or Order Filing 158 LETTER BRIEF to Hon. Christian F. Hummel by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso. (Smith, Robert)
August 28, 2021 Opinion or Order Filing 157 First MOTION to Amend/Correct #154 Civil RICO Statement based upon new evidence filed by Kevin Murphy. Response to Motion due by 9/20/2021 Motions referred to Christian F. Hummel. (Parry, Jeffrey)
August 20, 2021 Opinion or Order Filing 156 Informing the Court of Pending Improprieties and Letter Motion from Jeffrey Parry for Kevin Murphy requesting That the RICO Statement be Accepted as Timely and Leave to file an amended complaint submitted to Judge Sharpe . (Parry, Jeffrey)
August 19, 2021 Opinion or Order Filing 155 Letter Motion from Robert Smith for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso requesting Court's guidance in responding to Plaintiff's Amended RICO Statement submitted to Judge Gary L. Sharpe . (Smith, Robert)
August 18, 2021 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #154 Civil RICO Statement. Clerk added the Case number to the document. (ztc, )
August 16, 2021 Opinion or Order Filing 154 Civil RICO Statement filed by Kevin Murphy. (Parry, Jeffrey) (Main Document 154 replaced on 8/18/2021) (ztc, ).
July 29, 2021 Opinion or Order Filing 153 TEXT ONLY ORDER---Plaintiff's request that the court permit him to file a Civil RICO Statement on August 14, 2021 along with a motion to amend, (Dkt. No. 152), is GRANTED. The letter motion seeking similar relief by defendants Eugene Conway, Joseph Ciciarelli, Michael Dickinson, Jammie Blumer, Jonathan Anderson, Joseph Peluso, Roy Gratien, and Jason Cassalia, (Dkt. No. 151), is necessarily GRANTED in light of this Text Only Order. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/29/2021. (jel, )
July 22, 2021 Opinion or Order Filing 152 Letter Motion from Jeffrey Parry for Kevin Murphy requesting a date certain for filing. submitted to Judge Sharpe . (Parry, Jeffrey)
July 21, 2021 Opinion or Order Filing 151 Letter Motion from Robert Smith for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso requesting firm deadline for plaintiff to file motion to amend RICO Statement submitted to Judge Gary L. Sharpe . (Smith, Robert)
May 27, 2021 Opinion or Order Filing 150 LETTER BRIEF apprising the Court of delays by Kevin Murphy. (Parry, Jeffrey)
March 22, 2021 Opinion or Order Filing 149 REPLY to Response to Motion re #143 MOTION to Dismiss filed by Bryan K. Edwards, Westcott Events, LLC. (Aliasso, Anneliese)
March 8, 2021 Opinion or Order Filing 148 RESPONSE to Motion re #143 MOTION to Dismiss filed by Kevin Murphy. (Parry, Jeffrey)
February 19, 2021 Opinion or Order Filing 147 Text Only Order - Plaintiff's request for a two week adjournment of the response deadline, (Dkt. No. 146), is GRANTED. Response papers are to be filed on March 8, 2021. Reply papers are to be filed on March 22, 2021. Motion will be on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 2/19/2021. (jel, )
February 18, 2021 Opinion or Order Filing 146 Letter Motion from Jeffrey Parry for Kevin Murphy requesting extension of filing time submitted to Judge Sharpe . (Parry, Jeffrey)
February 1, 2021 Opinion or Order Filing 145 NOTICE by Stefano Cambareri, Melanie S. Carden, William Fitzpatrick, Carl Hummel, Lindsey M. Luczka, Onondaga County of intent to not oppose plaintiff's second motion to amend complaint (Dkt. No. 123) (Heisler, John)
February 1, 2021 Opinion or Order Filing 144 Letter Motion from Hancock Estabrook, LLP for Bryan K. Edwards, Westcott Events, LLC requesting Motion be directed to second amended complaint, if necessary submitted to Judge Sharpe . (Aliasso, Anneliese)
February 1, 2021 Opinion or Order Filing 143 MOTION to Dismiss Response to Motion due by 2/22/2021. Reply to Response to Motion due by 3/1/2021 filed by Bryan K. Edwards, Westcott Events, LLC. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Memorandum of Law) (Murad, John)
February 1, 2021 Opinion or Order Filing 142 RESPONSE in Opposition re #123 Second MOTION to Amend/Correct complaint filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso. (Smith, Robert)
January 19, 2021 Opinion or Order Filing 141 NOTICE of Appearance by Anneliese Aliasso on behalf of Bryan K. Edwards, Westcott Events, LLC (Aliasso, Anneliese)
January 19, 2021 Opinion or Order Filing 140 CERTIFICATE OF SERVICE by Jonathan Anderson, Roy Gratien, Joseph Peluso re #137 Reply to Response to Motion, (Smith, Robert)
January 19, 2021 Opinion or Order Filing 139 CERTIFICATE OF SERVICE by Joseph Ciciarelli re #136 Reply to Response to Motion (Smith, Robert)
January 19, 2021 Opinion or Order Filing 138 CERTIFICATE OF SERVICE by Jammie Blumer re #135 Reply to Response to Motion (Smith, Robert)
January 19, 2021 Opinion or Order Filing 137 REPLY to Response to Motion re #94 MOTION for Judgment on the Pleadings , #96 MOTION for Judgment on the Pleadings , #92 MOTION for Judgment on the Pleadings filed by Jonathan Anderson, Roy Gratien, Joseph Peluso. (Smith, Robert)
January 19, 2021 Opinion or Order Filing 136 REPLY to Response to Motion re #100 MOTION for Judgment on the Pleadings filed by Joseph Ciciarelli. (Smith, Robert)
January 19, 2021 Opinion or Order Filing 135 REPLY to Response to Motion re #90 MOTION for Judgment on the Pleadings filed by Jammie Blumer. (Smith, Robert)
January 13, 2021 Opinion or Order Filing 134 CERTIFICATE OF SERVICE by Michael Dickinson re #131 Reply to Response to Motion (Smith, Robert)
January 13, 2021 Opinion or Order Filing 133 CERTIFICATE OF SERVICE by Eugene Conway re #130 Reply to Response to Motion (Smith, Robert)
January 13, 2021 Opinion or Order Filing 132 CERTIFICATE OF SERVICE by Jason Cassalia re #129 Reply to Response to Motion (Smith, Robert)
January 13, 2021 Opinion or Order Filing 131 REPLY to Response to Motion re #102 MOTION for Judgment on the Pleadings filed by Michael Dickinson. (Smith, Robert)
January 13, 2021 Opinion or Order Filing 130 REPLY to Response to Motion re #88 MOTION for Judgment on the Pleadings filed by Eugene Conway. (Smith, Robert)
January 13, 2021 Opinion or Order Filing 129 REPLY to Response to Motion re #98 MOTION for Judgment on the Pleadings filed by Jason Cassalia. (Smith, Robert)
January 12, 2021 Opinion or Order Filing 128 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Acceptance of filing submitted to Judge Sharpe . (Parry, Jeffrey)
January 11, 2021 Opinion or Order Filing 127 LETTER BRIEF by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso. (Smith, Robert)
January 10, 2021 Opinion or Order Filing 126 RESPONSE in Opposition re #100 MOTION for Judgment on the Pleadings filed by Kevin Murphy. (Parry, Jeffrey)
January 10, 2021 Opinion or Order Filing 125 RESPONSE to Motion re #94 MOTION for Judgment on the Pleadings , #96 MOTION for Judgment on the Pleadings , #92 MOTION for Judgment on the Pleadings filed by Kevin Murphy. (Parry, Jeffrey)
January 10, 2021 Opinion or Order Filing 124 RESPONSE to Motion re #90 MOTION for Judgment on the Pleadings filed by Kevin Murphy. (Parry, Jeffrey)
January 10, 2021 Opinion or Order Filing 123 Second MOTION to Amend/Correct complaint Response to Motion due by 2/1/2021 filed by Kevin Murphy. (Attachments: #1 Proposed Amended Pleading, #2 Exhibit(s)) Motions referred to Christian F. Hummel. (Parry, Jeffrey)
January 7, 2021 Opinion or Order Filing 122 TEXT ONLY ORDER - Pending before the court is plaintiff Kevin Murphy's fourth request for an extension of time to respond to certain motions to dismiss. (Dkt. No. 119.) Murphy also advises that he intends to seek leave to file a second amended complaint and a late civil RICO statement pursuant to Local Rule of Practice 9.2. (Id.) The court makes the following observations. This request to extend the response deadline is the fourth such request by Murphy. (Dkt. Nos. 106, 109, 114, 119.) Curiously, the first two requests were properly addressed to this court (which denied the first request for a four-month extension, (Dkt. No. 107), but granted a forty-five-day extension as to the second request seeking ninety days, (Dkt. No. 112)), while the latter two requests were improperly directed to Magistrate Judge Christian F. Hummel, (Dkt. Nos. 114, 119). Magistrate Judge Hummel granted the third request, which amounted approximately to a three-week-extension. (Dkt. No. 115.) Although the instant request was submitted to Magistrate Judge Hummel, because it pertains to a dispositive matter - namely, the various motions to dismiss - it should have been directed to this court. Murphy now seeks an extension until Sunday, January 10, 2021 to submit the remainder of his outstanding responses. (Dkt. No. 119.) Murphys letter motion, (id.), is GRANTED to that limited extent. The remaining responses are due by Sunday, January 10, 2021 at 11:59 P.M., and defendants' corresponding replies are due on or before January 19, 2021. The court will entertain no further requests for extensions of time by Murphy. The original response deadline was November 2, 2020, and the cumulative extensions have afforded Murphy more than two additional months to meet that obligation. Insofar as Murphy expresses his intention to seek leave to amend or file a late civil RICO statement, the court makes no ruling as to the appropriateness, either procedurally or substantively, of that course of conduct. However, notably, to the extent that any such motion for leave to amend again may be viewed as competing relief, Murphy is obligated to seek it in compliance with Local Rule 7.1(c). IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/7/2021. (jel, )
January 6, 2021 Opinion or Order Filing 121 Letter Motion from Jeffrey Parry for Kevin Murphy requesting extension of filing time submitted to Judge Hummel . (Parry, Jeffrey)
January 5, 2021 Opinion or Order Filing 120 Letter Motion from Elizabeth Hoffman for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso requesting he Court deny plaintiff's request for extension of time to respond to defendants' motions, deny request to amend complaint and deny request to submit a RICO Statement submitted to Judge Christian F. Hummel . (Hoffman, Elizabeth)
January 4, 2021 Opinion or Order Filing 119 Letter Motion from Jeffrey Parry for Kevin Murphy requesting extension of filing time submitted to Judge Hummel . (Parry, Jeffrey)
January 3, 2021 Opinion or Order Filing 118 MEMORANDUM OF LAW in opposition to Jason Cassalia filed by Kevin Murphy. (Parry, Jeffrey)
January 3, 2021 Opinion or Order Filing 117 MEMORANDUM OF LAW in opposition to Michael Dickenson filed by Kevin Murphy. (Parry, Jeffrey)
January 3, 2021 Opinion or Order Filing 116 MEMORANDUM OF LAW in opposition to Eugene Conway filed by Kevin Murphy. (Parry, Jeffrey)
December 15, 2020 Opinion or Order Filing 115 *AMENDED* TEXT ORDER granting #114 Letter Request to extend response (and therefore, reply deadlines) RE: #94 MOTION for Judgment on the Pleadings , #98 MOTION for Judgment on the Pleadings , #96 MOTION for Judgment on the Pleadings , #100 MOTION for Judgment on the Pleadings , #102 MOTION for Judgment on the Pleadings , #88 MOTION for Judgment on the Pleadings , #92 MOTION for Judgment on the Pleadings , #90 MOTION for Judgment on the Pleadings : Plaintiff's Response to Motions due by 1/3/2021, any Reply to Response to Motions due by 1/13/2021. Authorized by Magistrate Judge Christian F. Hummel on 12/15/2020. (tab)
December 15, 2020 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re 115 Order on Letter Request. The Court amended the docket text to correctly indicate and set the extended response, and reply deadlines, reset for the pending motions. (tab)
December 14, 2020 Opinion or Order Filing 114 Letter Motion from Jeffrey Parry for Kevin Murphy requesting extension of filing time submitted to Judge Hummel . (Parry, Jeffrey)
October 21, 2020 Opinion or Order Filing 113 LETTER BRIEF by Bryan K. Edwards, Westcott Events, LLC. (Verone Juliano, Christina)
October 21, 2020 Opinion or Order Filing 112 TEXT ONLY ORDER---Pending is plaintiff's request for a ninety-day extension of his response deadline to defendants' various motions. (Dkt. No. 109.) While the court is sympathetic to counsel's difficulties, ninety days is excessive. Accordingly, the letter motion is GRANTED to the limited extent that the deadline is extended by forty-five days. Responses due by December 17, 2020. Defendants replies are due by December 28, 2020. Motion hearing has been rescheduled for January 7, 2021 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/21/2020. (jel, )
October 20, 2020 Opinion or Order Filing 111 LETTER BRIEF by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso. (Smith, Robert)
October 19, 2020 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #109 Letter Request/Motion to reflect as a letter motion seeking a 90-day extension to respond to the pending motions. (jel, )
October 16, 2020 Opinion or Order Filing 110 TEXT ORDER granting in part #106 Letter Request. As was directed during the 10/16/2020 court conference, the request to stay discovery deadlines pending the decisions on the dispositve motions is granted. Authorized by Magistrate Judge Christian F. Hummel on 10/16/2020. (tab)
October 16, 2020 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 10/16/20 by telephone. Appearances by Jeff Parry, Esq. and Jarrod Smith, Esq. for Plaintiff; John Heisler, Jr., Esq.; Robert Smith, Esq.; Katherine Stewart, Esq.; John Murad, Jr., Esq. for Defendants. The Court addresses the portion of Plaintiff's Dkt. no. 106 that was referred by the District Judge. After hearing from all counsel, the Court stays discovery in this case pending decisions on the Dispositive Motions. (tab)
October 15, 2020 Opinion or Order Filing 109 AFFIDAVIT in Support re #106 Letter Motion from Jarrod W Smith Esq for Kevin Murphy requesting Extension to Respond to Motions to Dismiss on the Pleadings and Stay on Scheduling Order submitted to Judge Sharpe and motion to reargue filed by Kevin Murphy. (Parry, Jeffrey)
October 9, 2020 Opinion or Order Filing 108 COURT NOTICE of Conference : A Telephone Status Conference has been set for Friday, 10/16/2020 @ 10:00 AM before Magistrate Judge Christian F. Hummel. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719 #, and use Security code 1234# to join the call.(tab)
October 8, 2020 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The docket text of the #105 Notice of Appearance has been modified to clarify that this Notice of Appearance is for Jeffrey R. Parry rather than Jarrod W. Smith. (pjh, )
October 7, 2020 Opinion or Order Filing 107 Text Only Order - Plaintiff's request for a four-month extension to file response papers to the pending motions, (Dkt. No. 106), is DENIED. Plaintiff's request for a stay of any and all scheduling orders, (Dkt. No. 106), is referred to the Magistrate Judge for his consideration. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/7/2020. (jel, )
October 6, 2020 Opinion or Order Filing 106 Letter Motion from Jarrod W Smith Esq for Kevin Murphy requesting Extension to Respond to Motions to Dismiss on the Pleadings and Stay on Scheduling Order submitted to Judge Sharpe . (Smith, Jarrod)
October 6, 2020 Opinion or Order Filing 105 NOTICE of Appearance by Jarrod W. Smith on behalf of Kevin Murphy (Smith, Jarrod)
September 30, 2020 Opinion or Order Filing 104 NOTICE by Stefano Cambareri, Melanie S. Carden, William Fitzpatrick, Carl Hummel, Lindsey M. Luczka, Onondaga County, The Onondaga County Sheriff's Department of intent to not oppose the motions for judgment on the pleadings (Dkt. Nos. 88, 90, 92, 94, 96, 98, 100, and 102) of Eugene Conway, Jammie Blumer, Joseph Peluso, Roy Gratien, Jonathan Anderson, Jason Cassalia, Joseph Ciciarelli, and Michael Dickinson (Heisler, John)
September 25, 2020 Opinion or Order Filing 103 CERTIFICATE OF SERVICE by Michael Dickinson re #102 MOTION for Judgment on the Pleadings (Smith, Robert)
September 25, 2020 Opinion or Order Filing 102 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Michael Dickinson. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 25, 2020 Opinion or Order Filing 101 CERTIFICATE OF SERVICE by Joseph Ciciarelli re #100 MOTION for Judgment on the Pleadings (Smith, Robert)
September 25, 2020 Opinion or Order Filing 100 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Joseph Ciciarelli. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 25, 2020 Opinion or Order Filing 99 CERTIFICATE OF SERVICE by Jason Cassalia re #98 MOTION for Judgment on the Pleadings (Smith, Robert)
September 25, 2020 Opinion or Order Filing 98 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Jason Cassalia. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 24, 2020 Opinion or Order Filing 97 CERTIFICATE OF SERVICE by Jonathan Anderson re #96 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 Opinion or Order Filing 96 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Jonathan Anderson. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 24, 2020 Opinion or Order Filing 95 CERTIFICATE OF SERVICE by Roy Gratien re #94 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 Opinion or Order Filing 94 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Roy Gratien. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 24, 2020 Opinion or Order Filing 93 CERTIFICATE OF SERVICE by Joseph Peluso re #92 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 Opinion or Order Filing 92 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Joseph Peluso. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 24, 2020 Opinion or Order Filing 91 CERTIFICATE OF SERVICE by Jammie Blumer re #90 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 Opinion or Order Filing 90 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Jammie Blumer. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 24, 2020 Opinion or Order Filing 89 CERTIFICATE OF SERVICE by Eugene Conway re #88 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 Opinion or Order Filing 88 MOTION for Judgment on the Pleadings Motion Hearing set for 11/19/2020 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 11/2/2020 Reply to Response to Motion due by 11/9/2020. filed by Eugene Conway. (Attachments: #1 Memorandum of Law) (Smith, Robert)
September 22, 2020 Opinion or Order Filing 87 Text Only Order - Defendants' request to exceed the twenty-five (25) page limit for their memorandums of law, (Dkt. No. 85), is DENIED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/22/2020. (jel, )
September 22, 2020 Opinion or Order Filing 86 NOTICE of Appearance by Christina M. Verone Juliano on behalf of Bryan K. Edwards, Westcott Events, LLC (Verone Juliano, Christina)
September 15, 2020 Opinion or Order Filing 85 Letter Motion from Robert J. Smith for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso requesting permission to submit 30 page memos of law submitted to Judge Gary L. Sharpe . (Smith, Robert)
May 1, 2020 Opinion or Order Filing 84 CERTIFICATE OF SERVICE by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso re #83 Notice of Appearance (Stewart, Katherine)
May 1, 2020 Opinion or Order Filing 83 NOTICE of Appearance by Katherine Stewart on behalf of Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso (Stewart, Katherine)
May 1, 2020 Opinion or Order Filing 82 CERTIFICATE OF SERVICE by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso re #81 Notice of Appearance (Hoffman, Elizabeth)
May 1, 2020 Opinion or Order Filing 81 NOTICE of Appearance by Elizabeth A. Hoffman on behalf of Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso (Hoffman, Elizabeth)
May 1, 2020 Opinion or Order Filing 80 CERTIFICATE OF SERVICE by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso re #79 Notice of Appearance (Smith, Robert)
May 1, 2020 Opinion or Order Filing 79 NOTICE of Appearance by Robert J. Smith on behalf of Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso (Smith, Robert)
April 27, 2020 Opinion or Order Filing 78 CERTIFICATE OF SERVICE by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso re 77 Order on Motion to Withdraw as Attorney, of text order [Dkt. No. 77] granting leave to withdraw as attorney and granting substitution of attorney, on affected parties (Heisler, John)
April 27, 2020 Opinion or Order Filing 77 TEXT ORDER granting #76 Motion to Withdraw as Attorney. Added attorney Robert J. Smith, Esq. for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien,and Joseph Peluso. Attorney John E. Heisler, Jr terminated as to those same defendants. Authorized by Magistrate Judge Christian F. Hummel on 4/27/2020. (tab)
April 22, 2020 Opinion or Order Filing 76 MOTION to Withdraw as Attorney Motion Hearing set for 6/18/2020 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/1/2020 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Joseph Peluso. (Attachments: #1 Affidavit, #2 Exhibit(s)) Motions referred to Christian F. Hummel. (Heisler, John)
April 3, 2020 Opinion or Order Filing 75 TEXT ORDER setting case deadlines: Discovery due by 3/19/2021, Motions to be filed by 5/28/2021. Authorized by Magistrate Judge Christian F. Hummel on 4/3/2020. (tab)
April 2, 2020 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 4/2/2020. Appearances by Jeffrey Parry, Esq. and Jarrod Smith, Esq. for plaintiff; John Heisler, Jr., Esq. for County Defendants; John Murad, Jr., Esq. for Dfts Westcott Events and Edwards. Deadlines are set in this case and parties are given a clear understanding that in light of the pandemic and the difficulties this is bringing to all, if additional time is needed, the Court will entertain any reasonable request. A Text Order will be issued, setting the new deadlines. (tab)
March 26, 2020 Opinion or Order Filing 74 COURT NOTICE of Conference: A Telephone conference has been set for Thursday, April 2, 2020 @ 11:00 am before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
March 26, 2020 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Scheduling Conference held, but to be continued, on 3/26/2020. Appearances by Jeffrey Parry, Esq. for Plaintiff; John Heisler, Jr., Esq. for Defendants. (Attorney John Murad, Jr., Esq. for Defendants Edwards and Wescott Events, did not join the call, with his apologies to the Court and Counsel). The conference is reset for 4/2/2020 @ 11:00 am by telephone. Court Notice filed. (tab)
March 18, 2020 Opinion or Order Filing 73 COURT NOTICE of Conference: A Telephone Scheduling Conference has been set for Thursday, 3/26/2020 @ 11:00 AM before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
March 18, 2020 Opinion or Order Filing 72 MEMORANDUM DECISION AND ORDER denying #46 Motion to Consolidate Cases. Signed by Magistrate Judge Christian F. Hummel on 3/17/2020. (tab)
January 31, 2020 Opinion or Order Filing 71 ANSWER to #60 Amended Complaint, by Bryan K. Edwards, Westcott Events, LLC.(Murad, John)
January 6, 2020 Opinion or Order Filing 70 TEXT ORDER approving #69 Stipulation filed by Kevin Murphy. Answer due date updated for Bryan K. Edwards; answer due 1/31/2020; Westcott Events, LLC answer due 1/31/2020. Authorized by Magistrate Judge Christian F. Hummel on 1/6/2020. (tab)
January 3, 2020 Opinion or Order Filing 69 STIPULATION by Kevin Murphy submitted to Judge Hummel. (Parry, Jeffrey)
December 10, 2019 Opinion or Order Filing 68 NOTICE of Appearance by John L. Murad, Jr on behalf of Bryan K. Edwards, Westcott Events, LLC (Murad, John)
September 30, 2019 Opinion or Order Filing 67 ANSWER to #58 Amended Complaint by Melanie S. Carden, William Fitzpatrick, Lindsey M. Luczka.(Heisler, John)
September 20, 2019 Opinion or Order Filing 66 ANSWER to #58 Amended Complaint by Stefano Cambareri.(Heisler, John)
August 19, 2019 Opinion or Order Filing 65 RESPONSE in Opposition re #46 First MOTION to Consolidate Cases w/ Glover v. Onondaga County, et al. filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. (Heisler, John)
August 7, 2019 Opinion or Order Filing 64 AFFIDAVIT in Support re #46 First MOTION to Consolidate Cases w/ Glover v. Onondaga County, et al. Corrected copy filed by Kevin Murphy. (Parry, Jeffrey)
August 7, 2019 Opinion or Order Filing 63 AFFIDAVIT in Support re #46 First MOTION to Consolidate Cases w/ Glover v. Onondaga County, et al. filed by Kevin Murphy. (Parry, Jeffrey)
July 26, 2019 Opinion or Order Filing 62 NOTICE of Appearance by John E. Heisler, Jr on behalf of Stefano Cambareri, Melanie S. Carden, William Fitzpatrick, Lindsey M. Luczka (Heisler, John)
July 24, 2019 Opinion or Order Filing 61 Summons Issued as to Stefano Cambareri, Melanie S. Carden, Bryan K. Edwards, William Fitzpatrick, Lindsey M. Luczka, Westcott Events, LLC. (Attachments: #1 Summons issued to Stefano Cambareri, #2 Summons issued to Melanie S. Carden, #3 Summons issued to Lindsey M. Luczka, #4 Summons issued to Bryan Edwards, #5 Summons issued to Westcott Events, LLC)(jel, )
July 19, 2019 Opinion or Order Filing 60 AMENDED COMPLAINT as previously approved against All Defendants filed by Kevin Murphy. (Attachments: #1 previously omitted proposed summons, #2 previously omitted proposed summons, #3 previously omitted proposed summons, #4 previously omitted proposed summons, #5 previously omitted proposed summons, #6 previously omitted proposed summons)(Parry, Jeffrey)
July 17, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Telephone Conference held on 7/17/2019. Appearances by Jeffrey Parry, Esq. and Jarrod Smith, Esq. for Plaintiff; Attorney John Heisler, Jr., Esq. appearing on behalf of Defendants, Karen Felter, Esq. for Defendants in case # 5:18-CV-837(GLS/ATB). Arguments are heard in regard to Plaintiff's request to supplement the Motion to Consolidate and to file a 2nd motion to disqualify counsel. The Court allows a supplemental affidavit (limited to 10 pages) to be filed by Plaintiff on or by 8/7/2019 and a reply, also limited to 10 pages to be filed by 8/19/2019. The issue of plaintiff filing a 2nd motion to disqualify counsel will be addressed after a decision on consolidation is rendered. (Court Reporter FTR recorded) (tab)
July 11, 2019 Opinion or Order Filing 59 ANSWER to #58 Amended Complaint by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department.(Heisler, John)
July 2, 2019 Opinion or Order Filing 58 AMENDED COMPLAINT to add co-counsel, Jarrod W. Smith, Esq.'s name to Amended Complaint duly filed on June 7, 2019 against All Defendants filed by Kevin Murphy.(Smith, Jarrod)
July 1, 2019 Opinion or Order Filing 57 TEXT ORDER: On June 27, 2019, plaintiff filed a letter motion (dkt. no. 54) seeking an extension of time to amend his motion to consolidate (dkt. no. 46) and to file a second motion to disqualify as counsel the Onondaga County Attorneys Office. Defendants have opposed the motion. Dkt. No. 55. Counsel for plaintiff Kelly Glover in 5:18-CV-837 has filed an identical request in that case and defendants have also opposed in that case. The request is granted to the limited extent that the Court will hold a conference with counsel for all parties from both cases present. As plaintiff seeks to file a nondispositive motion, a Court conference is required pursuant to N.D.N.Y. Local Rule 7.1(b)(2), prior to the filing of any motion. The conference take place on July 17, 2019 at 10:00 AM, before Judge Hummel. Counsel may appear by phone. Dial-in instructions will follow. SO ORDERED. Authorized by Magistrate Judge Hummel on on 7/1/19.
July 1, 2019 Opinion or Order Filing 56 AMENDED COMPLAINT WITH JURY DEMAND against Jonathan Anderson, Jammie Blumer, Stefano Cambareri, Melanie S. Carden, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Bryan K. Edwards, William Fitzpatrick, Roy Gratien, Carl Hummel, Lindsey M. Luczka, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department, Westcott Events, LLC filed by Kevin Murphy.(meb)
June 30, 2019 Opinion or Order Filing 55 RESPONSE in Opposition re #54 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Extension of time for additional and/or amended filings. submitted to Judge Hummel filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. (Heisler, John)
June 27, 2019 Opinion or Order Filing 54 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Extension of time for additional and/or amended filings. submitted to Judge Hummel . (Parry, Jeffrey)
June 27, 2019 Opinion or Order Filing 53 TEXT ORDER denying as moot #50 Motion to Amend/Correct: On June 7, 2019, counsel for plaintiff Kevin Murphy filed a motion for leave to amend his complaint. Dkt. No. 50. By response dated June 21, 2019, defendants have indicated that they do not oppose plaintiffs motion to amend. Dkt. No. 51. As defendants have consented to plaintiffs filing of an amended complaint, review of the Motion for Leave to Amend would be a superfluity. Fed. R. Civ. P. 15(a)(2); see generally Magna Powertrain de Mexico S.A. de C.V. v. Momentive Performance Materials USA LLC, No. 116CV0718GTSCFH, 2018 WL 1470577, at *5 n.2 (N.D.N.Y. Mar. 23, 2018). Thus, plaintiffs Motion for Leave to Amend, Dkt. No. 50, is denied as moot. The proposed amended complaint, Exh. A to Dkt. No. 50, is to be considered the operative pleading in this action. The clerk of the Court is directed to docket Exh. A to Dkt. No. 50 as the Amended Complaint in this action and assign the Amended Complaint a docket number. SO ORDERED. Authorized by by Magistrate Judge Christian F. Hummel on 6/27/19.
June 21, 2019 Opinion or Order Filing 52 NOTICE by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department of Intent to Not Oppose Motion (Heisler, John)
June 10, 2019 Opinion or Order Filing 51 AFFIDAVIT in Opposition re #46 First MOTION to Consolidate Cases w/ Glover v. Onondaga County, et al. of John E. Heisler Jr. filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. (Attachments: #1 Exhibit(s) 10 Oct 18 complaint in Murphy v Onondaga County, #2 Exhibit(s) 1 Nov 18 amended complaint in Glover v Onondaga County Sheriff's Office, #3 Exhibit(s) 7 Jun 19 motion in Murphy v Onondaga County, #4 Exhibit(s) Undated petition in Glover v Onondaga County Sheriff's Department, #5 Exhibit(s) Oath of office, #6 Memorandum of Law 7 Jun 19 defendants' memorandum of law)(Heisler, John)
June 7, 2019 Opinion or Order Filing 50 First MOTION to Amend/Correct Complaint Motion Hearing set for 7/25/2019 10:00 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 7/8/2019 filed by Kevin Murphy. Motions referred to Christian F. Hummel. (Parry, Jeffrey)
June 4, 2019 Opinion or Order Filing 49 TEXT ORDER granting #48 Letter Request from Jeffrey R. Parry for Kevin Murphy requesting extension of time in which to file; Amended Pleadings due by 6/7/2019. Plaintiff is reminded that in accordance with the information provided in the Uniform Pretrial Scheduling Order, Dkt. no. 39, and Rule 15 of the FRCP, the Amendment of Pleadings deadline governs the filing of an application to amend, and not simply to amend the pleading. Authorized by Magistrate Judge Christian F. Hummel on 6/4/2019. (tab)
June 3, 2019 Opinion or Order Filing 48 Letter Motion from Jeffrey R. Parry for Kevin Murphy requesting extension of time in which to file submitted to Judge Hummel . (Parry, Jeffrey)
May 24, 2019 Opinion or Order Filing 47 COURT NOTICE of Briefing Schedule and Hearing on #46 First MOTION to Consolidate Cases w/ Glover v. Onondaga County, et al. : In an effort to simplify and streamline this motion along with the same motion filed in case 5:18-CV-837 (GLS/ATB), and as both Motions are now set before Magistrate Judge Hummel, the Response deadline of both Motions is set for 6/10/2019. Both Motions will be considered fully briefed on 6/27/2019. Once motions are fully briefed, the Court will schedule a hearing for oral argument to be heard. [Response to Motion due by 6/10/2019] (tab)
May 3, 2019 Opinion or Order Filing 46 First MOTION to Consolidate Cases w/ Glover v. Onondaga County, et al. Motion Hearing set for 6/20/2019 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/3/2019 filed by Kevin Murphy. Motions referred to Christian F. Hummel. (Parry, Jeffrey)
April 18, 2019 Opinion or Order Filing 45 ***SEALED DOCUMENT Affidavits filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department under seal in accordance with the Order issued by the Honorable Christian F. Hummel on 4/18/2019, Dkt. No. 44. (tab) (Additional attachment(s) added on 5/20/2019: #1 Affidavit Anderson, #2 Affidavit Blumer, #3 Affidavit Cassalia, #4 Affidavit Ciciarelli, #5 Affidavit Conway, #6 Affidavit Dickinson, #7 Affidavit Gratien, #8 Affidavit Hummel, #9 Affidavit McMahon, #10 Affidavit Peluso) (tab, ).
April 18, 2019 Opinion or Order Filing 44 ORDER APPROVING DEFENDANTSWAIVER OF POTENTIAL CONFLICT AS TO JOINT REPRESENTATION. Signed by Magistrate Judge Christian F. Hummel on 4/18/2019. (tab)
April 3, 2019 Opinion or Order Filing 43 NOTICE by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso of defendants' in camera submission regarding joint representation (Heisler, John)
March 18, 2019 Opinion or Order Filing 42 ORDER: It is hereby ORDERED that Plaintiff's motion seeking the disqualification of the Onondaga County Law Department (Dkt. No. #14 ) is denied. Signed by Magistrate Judge Christian F. Hummel on 3/18/2019. (Attachments: #1 Transcript) (meb)
March 15, 2019 Opinion or Order Filing 41 TRANSCRIPT of Proceedings: Oral Argument/Rule 16 held on 3/8/2019 before Judge Christian F. Hummel, Court Reporter: Jacqueline Stroffolino, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/13/2019. Notice of Intent to Redact due by 3/20/2019 (jxs, )
March 11, 2019 Opinion or Order Filing 40 ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE COMPELLED TO OBTAIN SEPARATE COUNSEL [compliance deadline: 4/12/2019]. Signed by Magistrate Judge Christian F. Hummel on 3/11/2019. (tab)
March 11, 2019 Opinion or Order Filing 39 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days (Jury Trial). Preferred Trial Location: Syracuse, NY. Joinder of Parties due by 6/3/2019. Amended Pleadings due by 6/3/2019. Discovery due by 3/2/2020. Motions to be filed by 4/30/2020. Status Report due by 10/28/2019. Signed by Magistrate Judge Christian F. Hummel on 3/11/2019. (tab)
March 8, 2019 Opinion or Order Filing 38 TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 3/8/20198. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 3/8/2019. (tab)
March 8, 2019 Opinion or Order Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Motion Hearing held on 3/8/2019 re #14 First MOTION to Disqualify Counsel from the Onondaga County Law Department filed by Kevin Murphy, Initial Pretrial Conference held on 3/8/2019. Appearances by Jeffrey R. Parry, Esq. and Jarrod W. Smith, Esq. counsel for plaintiff; John Heisler, Jr., Esq. for Defendants. Oral argument is heard on the issue of Dkt. No. 14, Motion to Disqualify Counsel. The Court calls for a 20 minute recess and will resume Court with a ruling. Court resumes and the Judge issues his ruling, denying plaintiff's motion in it's entirety. The Court advises counsel that he will issue a written order with the transcript of the hearing annexed as part of his decision. The Court and counsel go forward with an Initial Rule 16 conference on consent of all parties. Pretrial deadlines are established. A Scheduling Order will be issued. This case is opted out of the Mandatory Mediation Program. (Court Reporter Jacqueline Stroffolino) (tab)
February 21, 2019 Opinion or Order Filing 37 COURT NOTICE of Change in Hearing Date and Time: The Oral Argument on the First MOTION to Disqualify Counsel from the Onondaga County Law Department, Dkt. No. 14 has been reset: The in-person, Motion Hearing has been rescheduled set for Friday, 3/8/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (tab)
February 19, 2019 Opinion or Order Filing 36 TEXT ORDER granting #34 Letter Request from Jarrod W. Smith, Esq. for Kevin Murphy requesting Oral Argument of Motion to Disqualify, #14 First MOTION to Disqualify Counsel from the Onondaga County Law Department : An in-person, Motion Hearing has been set for Tuesday, 2/26/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. The motion hearing will be held in place of the scheduled rule 16 conference. The Initial conference will be rescheduled at the appropriate time and after the Motion to Disqualify counsel has been addressed. So Ordered by Magistrate Judge Christian F. Hummel on 2/19/2019. (tab)
February 19, 2019 Opinion or Order Filing 35 CIVIL CASE MANAGEMENT PLAN by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. (Heisler, John)
February 12, 2019 Opinion or Order Filing 34 Letter Motion from Jarrod W. Smith, Esq. for Kevin Murphy requesting Oral Argument of Motion to Disqualify submitted to Judge Hummel . (Attachments: #1 Exhibit(s) A)(Smith, Jarrod)
February 12, 2019 Opinion or Order Filing 33 REPLY to Response to Motion re #14 First MOTION to Disqualify Counsel from the Onondaga County Law Department filed by Kevin Murphy. (Smith, Jarrod)
February 4, 2019 Opinion or Order Filing 32 COURT NOTICE RE: Motion #14 First MOTION to Disqualify Counsel from the Onondaga County Law Department : As per the Text Order, Dkt. No. 30, the Reply to Response to Motion (10 page limit) is due by 2/15/2019. The Motion will be considered fully briefed on 2/21/2019 before Magistrate Judge Christian F. Hummel and will be TAKEN ON SUBMIT unless otherwise directed. (tab)
February 4, 2019 Opinion or Order Filing 31 TEXT ORDER In light of this case having been recently reassigned, the Initial Conference scheduled for 2/14/2019 is rescheduled. The Initial, Rule 16 Conference is now set before the undersigned for Tuesday, February 26, 2019 @ 10:00 AM and will be conducted by telephone. Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719 # and security code 1234 # to join the call. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/19/2019. (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 Christian F. Hummel on 2/4/2019. (tab)
February 4, 2019 Opinion or Order Filing 30 TEXT ORDER granting #23 Letter Request to file a reply to #14 First MOTION to Disqualify Counsel from the Onondaga County Law Department : Reply to Response is limited to 10 pages. The Reply to Response to Motion due by 2/15/2019. Authorized by Magistrate Judge Christian F. Hummel on 2/4/2019. (tab)
January 31, 2019 Opinion or Order Filing 29 AFFIDAVIT of Service for Rule 26 Disclosures served on Degendants on 01/31/2019, filed by Kevin Murphy. (Parry, Jeffrey)
January 31, 2019 Opinion or Order Filing 28 AFFIDAVIT of service of defendants' 30 Jan 19 Fed Rules Civ Pro rule 26 (a) (1) (A) initial disclosure to plaintiff by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. (Heisler, John)
January 29, 2019 Opinion or Order Filing 27 ORDER REASSIGNING CASE: It is ORDERED that the following case has been reassigned to the Honorable Christian F. Hummel, U.S. Magistrate Judge. It will remain assigned to the Honorable Gary L. Sharpe, Senior U.S. District Judge. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge Therese Wiley Dancks no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 1/29/2019. (meb)
January 29, 2019 Opinion or Order Filing 26 RESPONSE in Opposition re #14 First MOTION to Disqualify Counsel from the Onondaga County Law Department filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. (Attachments: #1 Affidavit of Robert A. Durr, #2 Affidavit of Steven P. Morgan, #3 Affidavit of Lisa Dell, #4 Affidavit of Stefano Cambareri, #5 Memorandum of Law)(Heisler, John)
January 29, 2019 Opinion or Order Filing 25 ORDER OF RECUSAL: Magistrate Judge Dancks recuses herself from this action. The Clerk shall randomly reassign this case to another Magistrate Judge in the Northern District of New York to conduct all further proceedings, including the Rule 16 Initial Conference scheduled for 2/14/2019 at 9:30AM. Signed by Magistrate Judge Therese Wiley Dancks on 1/29/2019. (sg)
January 29, 2019 Opinion or Order Filing 24 TEXT ORDER TO STRIKE: Docket Nos. #17 , #18 , #19 , #20 , #21 , and #22 are stricken from the docket and will not be considered by the Court. Defendants Counsel is directed to re-file their response to the #14 Motion to Disqualify Counsel no later than 5:00PM today - 1/29/2019- as one docketing event attaching the necessary filings to complete the one entry. Counsel is reminded to use the correct Civil Event in CM/ECF under Motions and Related Filings>Supporting and Opposition Papers>Response in Opposition to Motion. The response will be deemed timely filed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/29/2019. (sg)
January 29, 2019 Opinion or Order Filing 23 Letter Motion from Jarrod W Smith Esq for Kevin Murphy requesting Permission to Reply to Defendant's Response submitted to Judge Danck . (Smith, Jarrod)
January 28, 2019 Opinion or Order Filing 22 **STRICKEN pursuant to the 1/29/2019 Text Order of Magistrate Judge Dancks*** MOTION to Disqualify Counsel for defendants Motion Hearing set for 2/14/2019 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 1/28/2019 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. Motions referred to Therese Wiley Dancks. (Heisler, John) Modified on 1/29/2019 (sg, ).
January 28, 2019 Opinion or Order Filing 21 ***STRICKEN pursuant to the 1/29/2019 Text Order of Magistrate Judge Dancks***MOTION to Disqualify Counsel for defendants Motion Hearing set for 2/14/2019 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 1/28/2019 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. Motions referred to Therese Wiley Dancks. (Heisler, John) Modified on 1/29/2019 (sg, ).
January 28, 2019 Opinion or Order Filing 20 **STRICKEN pursuant to the 1/29/2019 Text Order of Magistrate Judge Dancks** MOTION to Disqualify Counsel for defendants Motion Hearing set for 2/14/2019 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 1/28/2019 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. Motions referred to Therese Wiley Dancks. (Heisler, John) Modified on 1/29/2019 (sg, ).
January 28, 2019 Opinion or Order Filing 19 ***STRICKEN pursuant to the 1/29/2019 Text Order of Magistrate Judge Dancks*** MOTION to Disqualify Counsel for defendants Motion Hearing set for 2/14/2019 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 1/28/2019 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. Motions referred to Therese Wiley Dancks. (Heisler, John) Modified on 1/29/2019 (sg, ).
January 28, 2019 Opinion or Order Filing 18 ***STRICKEN pursuant to the 1/29/2019 Text Order of Magistrate Judge Dancks*** MOTION to Disqualify Counsel for defendants Motion Hearing set for 2/14/2019 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 1/28/2019 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. Motions referred to Therese Wiley Dancks. (Heisler, John) Modified on 1/29/2019 (sg, ).
January 28, 2019 Opinion or Order Filing 17 ***STRICKEN pursuant to the 1/29/2019 Text Order of Magistrate Judge Dancks*** MOTION to Disqualify Counsel for defendants Motion Hearing set for 2/14/2019 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 1/28/2019 filed by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department. Motions referred to Therese Wiley Dancks. (Heisler, John) Modified on 1/29/2019 (sg, ).
January 16, 2019 Opinion or Order Filing 16 TEXT ORDER: In light of the reassignment of the case to Magistrate Judge Therese Wiley Dancks (Dkt. No. #15 ), the Telephone Initial Conference will remain set for 2/14/2019 with a TIME ONLY change to 9:30 AM on that date and will be held before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone, unless otherwise advised by the Court. Plaintiffs attorney will initiate the call (unless the Court directs differently) and shall contact Judge Wiley Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. Civil Case Management Plan must be filed no later than 2/7/2019 and Mandatory Disclosures are to be exchanged by the parties on or before 2/7/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/16/2019. (sg)
January 16, 2019 Opinion or Order TEXT NOTICE re: Plaintiff's #14 Motion to Disqualify Counsel: Motion is returnable before Magistrate Judge Therese Wiley Dancks. Motion is on submission of the papers. No personal appearances unless otherwise advised by the Court. Response to Motion due 1/28/2019. No Reply permitted. (sg)
January 16, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY : The Clerk has replaced attachment 6 to the #14 motion to disqualify counsel with redacted version that was received from the filer. (jdp, )
January 15, 2019 Opinion or Order Filing 15 ORDER OF RECUSAL: It is hereby ORDERED, that the Clerk enter this Order of Recusal for the undersigned, and it is further ORDERED, that the Clerk shall reassign this case to another Magistrate Judge, and it is further ORDERED, that the Clerk shall serve a copy of this Order on the parties and the Magistrate Judge to whom the case is assigned. US Magistrate Judge Andrew T. Baxter recused. Case reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Signed by US Magistrate Judge Andrew T. Baxter on 1/15/2019. (meb)
January 14, 2019 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has replaced attachment 7 to the #14 Motion to Disqualify Counsel with a redacted version that was received from the filer. (meb)
January 11, 2019 Opinion or Order Filing 14 First MOTION to Disqualify Counsel from the Onondaga County Law Department Motion Hearing set for 2/14/2019 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 1/28/2019 filed by Kevin Murphy. (Attachments: #1 Affidavit, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Memorandum of Law, #8 Affidavit) Motions referred to Andrew T. Baxter. (Smith, Jarrod) (Attachment 7 replaced on 1/14/2019 with a redacted version) (meb). (Attachment 6 replaced on 1/16/2019 with a redacted version) (jdp, ).
January 7, 2019 Opinion or Order Filing 13 TEXT ORDER: granting #11 and #12 Letter Requests. The joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/7/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Rule 16 Conference set for 1/8/2019 is RESCHEDULED for 2/14/2019 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/7/2019. (nmk)
January 7, 2019 Opinion or Order Filing 12 Letter Motion for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department requesting Adjournment of Federal Rules of Civil Procedure rule 16 conference scheduled for 8 January 2019 submitted to Judge Baxter . (Heisler, John)
January 6, 2019 Opinion or Order Filing 11 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Adjournment of Scheduling Conference submitted to Judge Baxter . (Parry, Jeffrey)
January 3, 2019 Opinion or Order TEXT NOTICE of Hearing: Due to a change in the court's calendar, the telephonic Rule 16 Conference set for 1/10/2019 is RESCHEDULED TO 1/8/2019 at 02:30 PM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is reminded to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk)
December 21, 2018 Opinion or Order Filing 10 ANSWER to #1 Complaint, by Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department.(Heisler, John)
November 12, 2018 Opinion or Order Filing 9 NOTICE of Appearance by Jarrod W. Smith on behalf of Kevin Murphy (Smith, Jarrod)
November 9, 2018 Opinion or Order Filing 8 TEXT ORDER RE: #6 defendants' request for an extension and #7 plaintiff's response. In light of the length of the complaint, the number of defendants, and the intervening Thanksgiving holiday, defendants' motion to extend the deadline to respond to the complaint until 12/21/2018 is GRANTED. If defendants file a dispositive motion, the court will grant plaintiff's counsel reasonable additional time to respond, upon request. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/9/2018. (nmk)
November 9, 2018 Opinion or Order Filing 7 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Explanation for defendant's request. submitted to Judge Baxter . (Parry, Jeffrey)
November 9, 2018 Opinion or Order Filing 6 Letter Motion from John E. Heisler Jr. for Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department requesting Extension of time to answer complaint, or make Rule 12 motion, until Friday, 21 December 2018. submitted to Judge Baxter . (Heisler, John)
October 26, 2018 Opinion or Order Filing 5 NOTICE of Appearance by John E. Heisler, Jr on behalf of All Defendants (Heisler, John)
October 26, 2018 Opinion or Order Filing 4 NOTICE of Appearance by John E. Heisler, Jr on behalf of All Defendants (Heisler, John)
October 12, 2018 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule Conference set for 1/10/2019 at 10:00 AM via telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/3/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb)
October 12, 2018 Opinion or Order Filing 2 Summons Issued as to Onondaga County. (Attachments: #1 Summons Issued as to The Onondaga County Sheriff's Department, #2 Summons Issued as to Eugene Conway, #3 Summons Issued as to Joseph Ciciarelli, #4 Summons Issued as to Michael Dickinson, #5 Summons Issued as to Jammie Blumer, #6 Summons Issued as to Jonathan Anderson, #7 Summons Issued as to Joseph Peluso, #8 Summons Issued as to Roy Gratien, #9 Summons Issued as to Jason Cassalia, #10 Summons Issued as to Carl Hummel)(meb)
October 11, 2018 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against Jonathan Anderson, Jammie Blumer, Jason Cassalia, Joseph Ciciarelli, Eugene Conway, Michael Dickinson, Roy Gratien, Carl Hummel, Onondaga County, Joseph Peluso, The Onondaga County Sheriff's Department (Filing fee $400 receipt number ANYNDC-4534645) filed by Kevin Murphy. (Attachments: #1 Civil Cover Sheet)(meb)

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Search for this case: Murphy v. Onondaga County et al
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Defendant: Jammie Blumer
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: The Onondaga County Sheriff's Department
Represented By: John E. Heisler, Jr.
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Defendant: Carl Hummel
Represented By: John E. Heisler, Jr.
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Defendant: Jason Cassalia
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Joseph Peluso
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Joseph Ciciarelli
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Michael Dickinson
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Jonathan Anderson
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Roy Gratien
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Eugene Conway
Represented By: John E. Heisler, Jr.
Represented By: Elizabeth A. Hoffman
Represented By: Katherine Stewart
Represented By: Robert J. Smith
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Defendant: Onondaga County
Represented By: John E. Heisler, Jr.
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Defendant: Westcott Events, LLC
Represented By: John L. Murad, Jr.
Represented By: Christina M. Verone Juliano
Represented By: Anneliese Aliasso
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Defendant: Melanie S. Carden
Represented By: John E. Heisler, Jr.
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Defendant: Lindsey M. Luczka
Represented By: John E. Heisler, Jr.
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Defendant: Bryan K. Edwards
Represented By: John L. Murad, Jr.
Represented By: Christina M. Verone Juliano
Represented By: Anneliese Aliasso
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Defendant: Stefano Cambareri
Represented By: John E. Heisler, Jr.
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Defendant: William Fitzpatrick
Represented By: John E. Heisler, Jr.
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Plaintiff: Kevin Murphy
Represented By: Jeffrey R. Parry
Represented By: Jarrod W. Smith
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