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: 42:1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 103 CERTIFICATE OF SERVICE by Michael Dickinson re #102 MOTION for Judgment on the Pleadings (Smith, Robert)
September 25, 2020 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 Filing 101 CERTIFICATE OF SERVICE by Joseph Ciciarelli re #100 MOTION for Judgment on the Pleadings (Smith, Robert)
September 25, 2020 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 Filing 99 CERTIFICATE OF SERVICE by Jason Cassalia re #98 MOTION for Judgment on the Pleadings (Smith, Robert)
September 25, 2020 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 Filing 97 CERTIFICATE OF SERVICE by Jonathan Anderson re #96 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 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 Filing 95 CERTIFICATE OF SERVICE by Roy Gratien re #94 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 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 Filing 93 CERTIFICATE OF SERVICE by Joseph Peluso re #92 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 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 Filing 91 CERTIFICATE OF SERVICE by Jammie Blumer re #90 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 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 Filing 89 CERTIFICATE OF SERVICE by Eugene Conway re #88 MOTION for Judgment on the Pleadings (Smith, Robert)
September 24, 2020 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 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 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 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 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 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 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 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 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 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 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 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 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 26, 2020 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 18, 2020 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 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 Filing 69 STIPULATION by Kevin Murphy submitted to Judge Hummel. (Parry, Jeffrey)
December 10, 2019 Filing 68 NOTICE of Appearance by John L. Murad, Jr on behalf of Bryan K. Edwards, Westcott Events, LLC (Murad, John)
September 30, 2019 Filing 67 ANSWER to #58 Amended Complaint by Melanie S. Carden, William Fitzpatrick, Lindsey M. Luczka.(Heisler, John)
September 20, 2019 Filing 66 ANSWER to #58 Amended Complaint by Stefano Cambareri.(Heisler, John)
August 19, 2019 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 16, 2019 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 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 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 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 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 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 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 Filing 11 Letter Motion from Jeffrey Parry for Kevin Murphy requesting Adjournment of Scheduling Conference submitted to Judge Baxter . (Parry, Jeffrey)
January 3, 2019 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 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 Filing 9 NOTICE of Appearance by Jarrod W. Smith on behalf of Kevin Murphy (Smith, Jarrod)
November 9, 2018 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 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 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 Filing 5 NOTICE of Appearance by John E. Heisler, Jr on behalf of All Defendants (Heisler, John)
October 26, 2018 Filing 4 NOTICE of Appearance by John E. Heisler, Jr on behalf of All Defendants (Heisler, John)
October 12, 2018 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 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 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.
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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.
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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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