John Mezzalingua Associates, LLC v. Braunschweig
Plaintiff: John Mezzalingua Associates, LLC
Defendant: Darlene Braunschweig
Case Number: 5:2019cv00368
Filed: March 26, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Brenda K Sannes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition For Removal--Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 28, 2019 Opinion or Order Filing 15 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Darlene Braunschweig. (Attachments: #1 Declaration of Service)(Paxton, Lauren)
May 20, 2019 Opinion or Order Filing 14 TEXT ORDER granting #13 Letter Request for an extension of time to file a reply to the #7 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) : Reply to Response to Motion due by 5/28/2019.SO ORDERED by Judge Brenda K. Sannes on 5/20/2019. (rjb, )
May 16, 2019 Opinion or Order Filing 13 Letter Motion from Lauren M. Paxton, Esq. for Darlene Braunschweig requesting Extension of Reply Brief Deadline submitted to Judge Judge Brenda K. Sannes, U.S.D.J. . (Paxton, Lauren)
May 13, 2019 Opinion or Order Filing 12 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by John Mezzalingua Associates, LLC. (Attachments: #1 Exhibit(s) Exhibit A - Summons and Complaint, #2 Memorandum of Law)(Militello, Christopher)
April 18, 2019 Opinion or Order Filing 11 TEXT ORDER: In light of the filing of the #7 Motion to Dismiss, the 5/1/2019 Rule 16 Conference and the related deadlines are adjourned without new date and this time, and will be rescheduled, if necessary, once the District Court has ruled on the motion to dismiss. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/18/2019. (sg)
April 15, 2019 Opinion or Order Filing 10 AFFIDAVIT of Service for Notice of Removal and General Order #25 served on Christopher M. Militello, Esq. on April 9, 2019, filed by Darlene Braunschweig. (Paxton, Lauren)
April 15, 2019 Opinion or Order Filing 9 TEXT ORDER granting #8 Letter Request for an extension of time to respond to the #7 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6): Response to Motion due by 5/13/2019; Reply to Response to Motion due by 5/20/2019. SO ORDERED by Judge Brenda K. Sannes on 4/15/2019. (rjb, )
April 15, 2019 Opinion or Order Filing 8 Letter Motion from Christopher M. Militello for John Mezzalingua Associates, LLC requesting Extension of Motion Deadlines submitted to Judge Brenda K. Sannes . (Militello, Christopher)
April 12, 2019 Opinion or Order Filing 7 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) Motion Hearing set for 5/16/2019 09:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 4/29/2019 Reply to Response to Motion due by 5/6/2019. filed by Darlene Braunschweig. (Attachments: #1 Memorandum of Law, #2 Declaration of Lauren M. Paxton, Esq., #3 Exhibit(s) A, #4 Proposed Order/Judgment, #5 Declaration of Service) (Paxton, Lauren)
April 12, 2019 Opinion or Order TEXT NOTICE TO COUNSEL: The #7 Motion to Dismiss will be heard by Judge Brenda K. Sannes on submission of the papers. Once the motion has been fully briefed, and reviewed, counsel will be notified if oral argument is deemed necessary. ***The Court notes Defendant's request for oral argument*** (rjb, )
April 3, 2019 Opinion or Order Filing 6 TEXT ORDER approving #5 Stipulation and granting request for extension of time for Defendant to file answer. Answer due date updated for Darlene Braunschweig: answer due 4/12/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/3/2019. (sg)
April 3, 2019 Opinion or Order Filing 5 STIPULATION to Extend Time To Respond To Complaint by Darlene Braunschweig submitted to Judge Therese Wiley Dancks, J.S.C.. (Paxton, Lauren)
April 3, 2019 Opinion or Order TEXT NOTICE RE: 5/1/2019 TELEPHONE INITIAL CONFERENCE: Notice to counsel that the TIME ONLY of the 5/1/2019 Telephone Initial Conference before Magistrate Judge Dancks has been CHANGED from 11:00AM to 3:00PM. Plaintiff's counsel shall initiate the call as directed in General Order 25. (sg)
March 31, 2019 Opinion or Order Filing 4 NOTICE of Appearance by Christopher M. Militello on behalf of John Mezzalingua Associates, LLC (Militello, Christopher)
March 29, 2019 Opinion or Order ***Answer due date updated for Darlene Braunschweig : answer due 4/3/2019. (sg)
March 27, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 5/1/2019 at 11:00 AM via telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/24/2019. (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)
March 26, 2019 Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to the #1 Notice of Removal. (meb)
March 26, 2019 Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 001746/2019 (Filing fee $400 receipt number ANYNDC-4692123) filed by Darlene Braunschweig. (Attachments: #1 Civil Cover Sheet, #2 Exhibits A-D, #3 Exhibit - Defendant's Notice of Pending Motions, #4 Statement Pursuant to 28 U.S.C. 1441)(meb)

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Defendant: Darlene Braunschweig
Represented By: Lauren Paxton
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Plaintiff: John Mezzalingua Associates, LLC
Represented By: Robert J. Smith
Represented By: Christopher M. Militello
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