Manes v. Onondaga County et al
| Sidney Manes |
| Dr. Erik Mitchell, John Does 1-10, City of Syracuse, William Fitzpatrick and Onondaga County |
| 5:2019cv00844 |
| July 13, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 123
TEXT ORDER: Court reviewed docket and notes that plaintiff has failed to file a status report as directed in Dkt. No. 122 . The Court sua sponte extends the time for plaintiff to file the status report by 11/27/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/21/2023. (sg)
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Filing 122
TEXT ORDER: Court reviewed status report (Dkt. No. #121 ) and directs plaintiff to file a further status report by 11/3/2023 setting forth the deposition dates for the non-party witnesses referenced in the report. Said depositions must be scheduled within the confines of the current discovery order and all deadlines remain as reset in Dkt. No. 119 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/20/2023. (sg)
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Filing 121
STATUS REPORT regarding depositions by Sidney Manes. (Korenbaum, Scott)
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Filing 120
NOTICE OF APPEARANCE by Adam I. Strychaluk on behalf of Sidney Manes (Strychaluk, Adam)
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Filing 119
TEXT ORDER: Court reviewed letter motions (Dkt. Nos. #117 , #118 ) for further extensions of deadlines which are granted for the reasons stated. Deadlines extended as follows: fact discovery due 12/1/2023; fact discovery motions due 12/15/2023; plaintiff's expert disclosure due 1/19/2024; defendants' expert disclosure due 3/1/2024; rebuttal expert disclosure due 3/22/2024; all discovery including expert depositions due 4/19/2024; expert discovery motions due 5/3/2024; dispositive motions due 7/8/2024. The depositions of defendants Fitzpatrick and Mitchell are hereby Court Ordered to be completed on 10/12/2023 and 10/19/2023, respectively. These depositions may not be rescheduled absent prior permission from the Court. The parties are directed to confer in good faith to schedule depositions of any other necessary fact witnesses. Plaintiff to file status report regarding the date(s) set for depositions of such other fact witnesses by 10/20/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/2/2023. (sg)
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Filing 118
LETTER BRIEF/Letter Request by William Fitzpatrick. (Julian, Robert) Modified on 9/29/2023 (sg, ).
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Filing 117
Joint Letter Motion from Joshua S. Moskovitz for Sidney Manes requesting extension of time to complete discovery submitted to Judge Therese Wiley Dancks . (Moskovitz, Joshua)
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Filing 116
TEXT ORDER TO STRIKE re: #115 Response to Discovery filed by William Fitzpatrick: Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials, such as responses to discovery demands, unless the Court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the Court has not directed the filing of the discovery in this action nor is the submission in support of a motion filed pursuant to Rule 37, it will be stricken and not be considered by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/19/2023. (sg)
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Filing 115
**STRICKEN pursuant to the 9/19/2023 Text Order of Magistrate Judge Therese Wiley Dancks***RESPONSE to Discovery Request from William Fitzpatrick by William Fitzpatrick.(Julian, Robert) Modified on 9/19/2023 (sg, ).
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Filing 114
TEXT ORDER : Court reviewed further request for extension of discovery deadlines (Dkt. No. #113 ) which is granted for the reasons stated. Fact discovery including depositions due 9/29/2023. Fact discovery motions due 10/13/2023. Plaintiff's Expert Disclosure Deadline is 11/17/2023. Defendants' Expert Disclosure Deadline is 12/29/2023. Rebuttal Expert Disclosure Deadline is 1/19/2024. Discovery including expert depositions due by 2/16/2024. Discovery motions including expert discovery motions due 3/1/2024. Dispositive Motions to be filed by 5/3/2024. No further extensions will be granted absent extraordinary cause which shall not include the volume of discovery materials or the schedules of counsel or witnesses. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/25/2023. (sg)
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Filing 113
Joint Letter Motion from Scott A. Korenbaum for Sidney Manes requesting extend the time to complete discovery submitted to Judge Dancks . (Korenbaum, Scott)
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Filing 112
AFFIDAVIT of Service for Stipulation and Protective Order served on Todd M. Sardella, Esq. on February 10, 2023, filed by Sidney Manes. (Moskovitz, Joshua)
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Filing 111
Stipulation and Protective Order. Plaintiff is directed to immediately serve a copy of this Order on non-party NYS DOH, Todd M. Sardella, Esq., of counsel, via overnight mail and/or email and file a certificate of service by close of business on 2/13/2023. Signed by Magistrate Judge Therese Wiley Dancks on 2/10/2023. (sg )
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Filing 110
LETTER BRIEF /Letter Requestenclosing Stipulation and proposed Protective Order by Sidney Manes. (Attachments: #1 Proposed Order/Judgment)(Moskovitz, Joshua) Modified on 2/10/2023 (sg, ).
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Filing 109
TEXT ORDER: Court reviewed letter request (Dkt. No. #108 ) for extension regarding proposed protective order which is granted. The proposed protective order now due 2/9/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/7/2023. (sg)
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Filing 108
Letter Motion from Joshua S. Moskovitz for Sidney Manes requesting extension of time to file stipulated protective order as directed by the Court's January 27, 2023 Order (ECF No. 107) submitted to Judge Therese Wiley Dancks . (Moskovitz, Joshua)
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Filing 107
ORDER : for the reasons set forth herein, it is ORDERED: Plaintiff shall submit a proposed stipulated protective order as directed herein for the Court's review by 2/6/2023; it is further ORDERED, DOH documents reviewed by the Court in camera shall be produced to Plaintiff in redacted form as directed herein, and pursuant to the forthcoming protective order, within 20 days of the Court's issuance of the protective order; it is further ORDERED, Plaintiff shall provide all parties with a copy of the DOH documents as redacted and pursuant to the forthcoming protective order to Defendants within 3 days of receipt of the documents from the DOH; it is further ORDERED, the joint letter request at Dkt. #106 is GRANTED and discovery deadlines are reset as follows: Fact discovery including depositions due 5/26/2023. Fact discovery motions due 6/9/2023. Plaintiff's Expert Disclosure Deadline is 7/14/2023. Defendants' Expert Disclosure Deadline is 8/28/2023. Rebuttal Expert Disclosure Deadline is 9/18/2023. Discovery including expert depositions due by 10/13/2023. Discovery motions including expert discovery motions due 10/27/2023. Dispositive Motions to be filed by 12/29/2023. Signed by Magistrate Judge Therese Wiley Dancks on 1/27/2023. (copy of this Order served on non-party NYS DOH, Todd M. Sardella, Esq., of counsel, via regular mail.) (sg)
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Filing 106
Joint Letter Motion from Joshua S. Moskovitz for Sidney Manes requesting extension of time to complete discovery submitted to Judge Therese Wiley Dancks . (Moskovitz, Joshua)
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Filing 105
TEXT ORDER granting #103 Letter Request for extension of deadlines as follows:Fact discovery including depositions due 1/27/2023. Fact discovery motions due 2/10/2023. Plaintiffs Expert Disclosure Deadline is 3/14/2023. Defendants Expert Disclosure Deadline is 4/28/2023. Rebuttal Expert Disclosure Deadline is 5/17/2023. Discovery including expert depositions due by 6/14/2023. Discovery motions including expert discovery motions due 6/28/2023. Dispositive Motions to be filed by 8/31/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/4/2022. (sg)
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Filing 104
NOTICE by Onondaga County of no intent to oppose motion (Dkt. No. 103) filed by Sidney Manes (Heisler, John)
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Filing 103
Letter Motion from Scott A. Korenbaum for Sidney Manes requesting an extension of the discovery deadlines submitted to Judge Dancks . (Korenbaum, Scott)
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Filing 102
TEXT ORDER: Court has reviewed status report filed at Dkt. No. #101 , which the Court construes to also be a request for extension of deadlines. Request granted, deadlines extended as follows: Fact discovery including depositions due 9/30/2022. Fact discovery motions due 10/14/2022. Plaintiffs Expert Disclosure Deadline is 11/14/2022. Defendants Expert Disclosure Deadline is 12/30/2022. Rebuttal Expert Disclosure Deadline is 1/17/2023. Discovery including expert depositions due by 2/14/2023. Discovery motions including expert discovery motions due 2/28/2023. Dispositive Motions to be filed by 5/3/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/11/2022. (sg)
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Filing 101
STATUS REPORT/Letter Request re Discovery Dispute with County by Sidney Manes. (Rickner, Robert) Modified on 7/11/2022 (sg, ).
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Filing 100
TEXT ORDER: Court has reviewed Dkt. Nos. #97 and #99 regarding discovery issues between the plaintiff and County. Plaintiff is directed to review the County's recent disclosures as identified in Dkt. No. 97, and file a status report by 7/8/2022 regarding whether Court intervention is still necessary concerning any further discovery dispute with the County. To the extent Dkt. No. 97 sought a court conference or expenses/attorneys' fees, those requests are denied without prejudice at this time SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/24/2022. (sg )
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Filing 99
LETTER BRIEF as response to Dkt. No. 97 by Onondaga County. (Heisler, John)
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Filing 98
TEXT ORDER: Court reviewed letter motion #97 for a Court conference regarding another discovery dispute with defendant County. Defendant County is directed to file a letter response to each and every discovery issue identified in Dkt. No. 97 by the close of business on 6/22/2022. The Court will then schedule a telephone conference to address the various discovery disputes. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 06/17/2022. (jcl)
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Filing 97
Letter Motion from Joshua S. Moskovitz for Sidney Manes requesting conference concerning the County's failure to produce discovery submitted to Judge Therese Wiley Dancks . (Moskovitz, Joshua)
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Filing 96
STIPULATION AND ORDER OF DISMISSAL OF CROSS-CLAIMS. Signed by Judge Brenda K. Sannes on 6/9/2022. (nmk)
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Filing 95
STIPULATION of Dismissal of Cross-Claims by City of Syracuse submitted to Judge Brenda K. Sannes. (Smith, Danielle)
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Filing 94
NOTICE of Appearance by Stephanie Panousieris on behalf of Sidney Manes (Panousieris, Stephanie)
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Filing 93
STIPULATION AND ORDER OF DISMISSAL: as to defendant City of Syracuse. Signed by Judge Brenda K. Sannes on 5/27/2022. (nmk)
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Filing 92
STIPULATION of Dismissal between Plaintiff and Defendant City of Syracuse by Sidney Manes. (Moskovitz, Joshua)
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Filing 91
NOTICE of Appearance by Mark A. Ventrone on behalf of Onondaga County (Ventrone, Mark)
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Filing 90
TEXT ORDER : Court reviewed status report (Dkt. No. #89 ) and hereby orders the deposition of plaintiff Manes to be conducted on 5/31/2022. The County should enlist another assistant county attorney to file an appearance and attend the deposition on behalf of the county. All deadlines remain as previously established. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/21/2022. (sg)
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Filing 89
STATUS REPORT from Plaintiff by Sidney Manes. (Rickner, Robert)
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Filing 88
TEXT ORDER: Court reviewed docket and notes that Plaintiff failed to file status report by 4/15/2022 as directed in Dkt. No. 96 . Therefore, Plaintiff's time to file the status report is sua sponte extended to 5pm on 4/20/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/19/2022. (sg)
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Filing 86
TEXT ORDER: Court reviewed status reports (Dkt.Nos. 84, 85) and directs plaintiff to file status report by 4/15/2022 regarding date for deposition of plaintiff Manes and any further discovery issues with defendant County. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/1/2022. (sg)
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Filing 87
Transmittal Letter from Todd Sardella, Senior Attorney, NYS DOH Division of Legal Affairs enclosing documents and the OPMC Records Retention Schedule for in camera review re: the subpoena served by plaintiff's counsel. (sg)
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Filing 85
STATUS REPORT by Onondaga County. (Heisler, John)
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Filing 84
LETTER BRIEF by William Fitzpatrick. (Julian, Robert)
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Filing 83
TEXT ORDER: The Court made the following rulings during the 3/25/2022 Telephone Conference: With respect to the subpoena to the NYS Department of Health Office of Professional Misconduct, non-party DOH Attorney Sardella is directed to submit to the Court for in camera review the documents that are the subject of the subpoena for the period of 1989 to the present by 4/22/2022, along with a copy of the relevant document retention policy. Letter request filed by County Defendant (Dkt. #82 ) is granted. County Defendant to file a response to Dkt. #74 by 3/31/2022. County Defendant to serve responses to interrogatories and notices to admit, and any further document responses, as directed during this conference by 3/31/2022. Plaintiff is directed to respond to issues raised at Dkt. #81 , as well as provide the Court with the date of the deposition of Mr. Manes, by 3/31/2022. Deadlines are extended as follows: All fact discovery including depositions to be completed by 8/1/2022. Fact discovery motions due 8/15/2022. Plaintiff's expert disclosure due 9/15/2022. Defendants' expert disclosure due 10/31/2022. Rebuttal due 11/15/2022. All discovery including expert depositions due 12/16/2022. Discovery motions including expert discovery motions due 12/30/2022. Dispositive motions due 2/28/2023. Deferral of Mandatory Mediation is continued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/25/2022. (copy of this Text Order served on Todd Sardella, Esq. via email.) (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 3/25/2022. APPEARANCES: Robert Rickner, Esq., Joshua Moskovitz, Esq., and Scott Korenbaum, Esq. for Plaintiff; John Heisler, Esq., Danielle Smith, Esq., Danielle, Pires, Esq., and Robert Julian, Esq. for Defendants. Attorney for non-party Todd Sardella, Esq. Court hears from Mr. Sardella re: subpoena of records from the NYS Department of Health Office of Professional Misconduct. After discussion, Court makes directives, which will be included in a separate text order. Court addresses County Defendants' responses to discovery demands, Plaintiff's response to issues raised at Dkt. 81, the deposition of Mr. Manes, extension of discovery schedule, and whether the parties have discussed resolving the case. A separate text order will follow setting forth the Court's rulings on those issues. (sg)
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Filing 82
Letter Motion from John E. Heisler Jr. for Onondaga County requesting extension of time to comply with order submitted to Judge Dancks . (Heisler, John)
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Filing 81
LETTER BRIEF by Erik Mitchell. (Julian, Robert)
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Filing 80
TEXT ORDER : Court reviewed docket and notes that defendant Onondaga County has not filed a response to the discovery issues raised in Dkt. No. #74 at pp. 2-7 as directed in Dkt. No. 77 . County is directed to file, by 5pm today, a response addressing the discovery issues identified in Dkt. No. 74 at pp. 2-7. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/24/2022. (sg)
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Filing 79
Letter from Todd Sardella, Senior Attorney, NYS Department of Health, dated 2/10/2022. (sg)
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Filing 78
CERTIFICATE OF SERVICE by Sidney Manes on NYSDOH attorney Todd Sardella of a copy of the Courts February 22, 2022 Text Order and February 22, 2022 Text Notice (Moskovitz, Joshua)
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Filing 77
TEXT ORDER : The Court has received a letter from non-party NYSDOH dated 2/10/2022 regarding the issues raised by plaintiff in Dkt. No. #74 concerning a proposed subpoena for certain records concerning defendant Mitchell. The Clerk is directed to upload the subject letter to the docket. Court has also reviewed Dkt. Nos. #74 , #75 , and #76 concerning various discovery issues and the request for a court conference (Dkt. No. 75) which is granted. The Court will schedule a conference via separate Text Notice. Counsel for plaintiff is directed to serve a copy of this Text order and the Text Notice of conference on NYSDOH attorney Todd Sardella who is directed to participate in the conference to address the issues raised in his 2/10/2022 letter. Plaintiff to file a certificate of service of this Text Order and the Text Notice of conference on attorney Sardella by 2/25/2022. Defendant County is directed to file a response to the discovery issues raised in Dkt. No. 74 pertaining to the County by 5pm on 3/18/2022. No other submissions by any party will be permitted before the conference unless directed by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/22/2022. (sg)
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Filing 76
STATUS REPORT by William Fitzpatrick. (Julian, Robert)
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TEXT NOTICE of Telephone Conference: A Telephone Discovery Conference has been set for 3/25/2022 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8440. Plaintiff to file a certificate of service of this Text Notice of conference on attorney Sardella by 2/25/2022. (sg)
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Filing 75
Letter Motion from Scott A. Korenbaum for Sidney Manes requesting Conference to address discovery issues submitted to Judge Hon. Therese Wiley Dancks . (Korenbaum, Scott)
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Filing 74
STATUS REPORT and request for discovery by Sidney Manes. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8)(Moskovitz, Joshua)
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Kristen Smith has been terminated as an attorney of record for defendant City of Syracuse per her #73 request. The Office of Corporation Counsel remains counsel for defendant. (nmk)
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Filing 73
Letter Motion from Kristen E. Smith, Esq. for City of Syracuse, City of Syracuse requesting Withdraw submitted to Judge Brenda K. Sannes . (Smith, Kristen)
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Filing 72
TEXT ORDER: Court reviewed status report/letter motion (Dkt. No. #71 ) for extension which is granted. The parties are to serve all discovery responses and supplemental responses by 1/31/2022. The parties should thereafter meet and confer in good faith regarding any further discovery issues and confirm dates for all anticipated party and fact witnesses' depositions. Plaintiff to then file follow up status report by 2/7/2022 regarding any discovery issues the parties are not able to resolve, if any, and set forth confirmed dates for all party and fact depositions. All deadlines remain as set in Dkt. No. 67 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/10/2022. (sg)
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Filing 71
STATUS REPORT/Letter Request by Sidney Manes. (Moskovitz, Joshua) Modified on 1/10/2022 (sg, ).
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Filing 70
NOTICE of Appearance by Robert Rickner on behalf of Sidney Manes (Rickner, Robert)
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Filing 69
TEXT ORDER: Court reviewed status report (Dkt. No. #68 ) and directs the parties to complete initial written discovery and confer regarding any further discovery issues related to it. Parties should also confer and set dates for all fact and party depositions. Plaintiff to file further status report by 1/7/2022 regarding any outstanding discovery issues related to written discovery. The status report MUST also set forth confirmed dates for all anticipated party and fact depositions. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/1/2021. (sg)
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Filing 68
STATUS REPORT by Sidney Manes. (Moskovitz, Joshua)
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Filing 67
TEXT ORDER: The Court made the following directives at the 9/21/2021 Telephone Conference: Plaintiff to file joint status report by 11/30/2021 re: status of the document inspection, whether there are any discovery issues the parties cannot resolve, and schedule of depositions. Deadlines are extended as follows: Amended Pleadings due by 12/20/2021. Joinder of Parties due by 12/20/2021. Plaintiff Expert Disclosure Deadline is 4/29/2022. Defendant Expert Disclosure Deadline is 6/10/2022. Rebuttal Expert Disclosure Deadline is 6/28/2022. Discovery due by 8/1/2022. Discovery Motions due 8/15/2022. Dispositive Motions to be filed by 9/30/2022. Mandatory Mediation deferral continued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/21/2021. (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 9/21/2021. Appearances: Scott Korenbaum, Esq. for Plaintiff; John Heisler, Jr., Esq., Danielle Smith, Esq., and Robert Julian, Esq. for Defendants. Counsel report on status of discovery Deadlines are extended and directives issued by the Court, a separate text order will follow. (sg )
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Filing 66
TEXT ORDER granting Plaintiff's #65 Letter Request for extension. Plaintiff's responses to defendants' demands due 7/30/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/15/2021. (sg)
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Filing 65
Letter Motion from Scott A. Korenbaum for Sidney Manes requesting extend time to serve discovery responses and objections submitted to Judge Dancks . (Korenbaum, Scott)
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TEXT NOTICE -RESCHEDULING OF TELEPHONE CONFERENCE: The 9/13/2021 telephone status conference has been RESCHEDULED for 9/21/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6458 (sg)
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Filing 64
**AMENDED** UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 15 days, to be held at Syracuse NY. Supplemental Rule 26 Mandatory Disclosures, if any, to be served by 6/4/2021. Rule 33 and 34 Requests to be served by 6/25/2021. Plaintiff's responses to Rule 33 and 34 Requests already served due 7/16/2021. Joinder of Parties due by 10/22/2021. Amended Pleadings due by 10/22/2021. Plaintiffs Expert Disclosure Deadline is 10/29/2021. Defendants Expert Disclosure Deadline is 12/10/2021. Rebuttal Expert Disclosure Deadline is 12/28/2021. Discovery due by 1/28/2022. Discovery motions due 2/4/2022. Dispositive Motions to be filed by 3/28/2022. Mandatory mediation is deferred (not opted out) and no referral order will be issued at this time. Signed by Magistrate Judge Therese Wiley Dancks on 5/27/2021. (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 5/27/2021. Appearanecs: Joshua Moskovitz, Esq. and Scott Korenbaum, Esq. for Plaintiff; John Heisler, Esq., Danielle Pires, Esq., Danielle Smith, Esq., and Robert Julian, Esq. for Defendants. Mandatory Mediation is deferred at this time. Pretrial deadlines are established, an amended scheduling order will be issued. (sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 9/13/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6458.(sg)
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Filing 63
CIVIL CASE MANAGEMENT PLAN by Sidney Manes. (Korenbaum, Scott)
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Filing 62
TEXT ORDER granting #61 Letter Request. Court has reviewed letter motion (Dkt. No. #61 ) requesting to reschedule the upcoming Rule 16 conference which is granted for the reasons stated. The Rule 16 conference will be rescheduled to 5/27/2021 at 10:30am by separate Text Notice. The Civil Case Management Plan should be filed no later than 5/20/2021. Mandatory Disclosures are to be exchanged by the parties on or before 5/20/2021. (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 5/12/2021. (bjw, )
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Filing 61
Consent Letter Motion from Scott A. Korenbaum for Sidney Manes requesting Adjourn Rule 16 Conference and time to file Proposed Case Management Plan submitted to Judge Dancks . (Korenbaum, Scott)
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Filing 60
TEXT ORDER granting #59 Letter Request. The telephone Rule 16 Initial Conference is rescheduled as follows using the same call-in number information as previously provided: Telephone Initial Conference RESCHEDULED for 5/19/2021 at 3:00 PM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 5/12/2021 and Mandatory Disclosures are to be exchanged by the parties on or before 5/12/2021. (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 4/20/2021. (sg)
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Filing 59
Consent Letter Motion from Joshua S. Moskovitz and Scott A. Korenbaum for Sidney Manes requesting adjournment of the May 4, 2021 status conference submitted to Judge Therese Wiley Dancks . (Moskovitz, Joshua)
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Filing 58
NOTICE of Appearance by Scott A. Korenbaum on behalf of Sidney Manes (Korenbaum, Scott)
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Filing 57
TEXT ORDER: Court has ordered the substitution of Attorney Moskovitz for plaintiff and Attorney Moskovitz has filed a Notice of Appearance. Therefore, plaintiff's motion to withdraw (Dkt. No. #47 ) is denied as moot, and the letter motion (Dkt. No. #55 ) is granted such that Attorney Benno need not submit any further information in support of the motion to withdraw. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/15/2021. (sg)
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Filing 56
TEXT ORDER re #54 Consent to Change Attorney filed by Sidney Manes: Court has reviewed the Consent to Change Attorney filed by Plaintiff, which is approved. Joshua Moskowitz, Esq. is substituted as counsel for Plaintiff. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/15/2021. (sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 5/4/2021 at 3:00 PM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8622. The parties should confer in good faith before the conference and be prepared to discuss all anticipated discovery and the viability of mediation so the Court can re-set reasonable discovery deadlines at the conference.(sg)
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Filing 55
Letter Motion from Ameer Benno for Sidney Manes requesting that this Court "So Order" the Consent to Change Attorneys Form, and vacate as moot the Order requiring Attorney Benno to submit a declaration under seal in support of his motion to withdraw submitted to Judge Dancks . (Benno, Ameer)
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Filing 54
STIPULATION Executed Consent to Change Attorneys by Sidney Manes submitted to Judge Dancks. (Benno, Ameer)
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Filing 53
NOTICE of Appearance by Joshua S. Moskovitz on behalf of Sidney Manes (Moskovitz, Joshua)
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Filing 52
LETTER BRIEF taking no position by City of Syracuse. (Smith, Danielle)
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Filing 51
TEXT ORDER: Court has reviewed attorney Benno's letter request (Dkt. No. #50 ) for extension which is granted. Attorney Benno to submit declaration under seal as directed in Dkt. No. 49 by 4/16/2021. No further extensions will be granted for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/12/2021. (sg)
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Filing 50
Letter Motion from Ameer Benno for Sidney Manes requesting one week extension on deadline to serve declaration under seal submitted to Judge Dancks . (Benno, Ameer)
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Filing 49
TEXT ORDER: Court has reviewed Dkt. No. #47 . By 4/9/2021, Plaintiffs counsel is directed to submit a sealed declaration setting forth the reasons for counsel's #47 motion to withdraw to the Court by mail, and shall include a certificate of service of that sealed declaration on plaintiff. All deadlines remain adjourned per Dkt. Nos. 41 , 43 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/31/2021. (sg)
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Filing 48
RESPONSE to Dkt. #47 by Onondaga County- Notice of intent to not oppose motion (Dkt. No. 47) for order permitting withdrawal of Ameer Benno as counsel for plaintiff (Heisler, John) Modified on 3/29/2021 (sg, ).
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Filing 47
MOTION to Withdraw as Attorney filed by Sidney Manes. Response to Motion due by 4/19/2021 (Attachments: #1 Declaration) Motions referred to Therese Wiley Dancks. (Benno, Ameer)
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Filing 46
TEXT ORDER: Court reviewed status report/letter request (Dkt. No. #45 ) which does not comport with the Court's Text Order (Dkt. No. 43 ) since no new counsel has been obtained to date for plaintiff and attorney Benno has not filed a motion to withdraw as directed. However, Court will grant the letter request and provide further time as requested to determine if new counsel will appear for plaintiff. Therefore, any new counsel for plaintiff shall file a notice of appearance by 3/31/2021. If no new counsel has appeared for plaintiff by that date, attorney Benno shall file a motion to withdraw on notice to all parties and the plaintiff by 4/2/2021 if he will no longer remain as counsel for plaintiff. If no appearance by new counsel is filed by 3/31/2021 and attorney Benno does not file a proper motion to withdraw by 4/2/2021, then the Court will reset all pretrial deadlines and the case will proceed with attorney Benno as counsel to plaintiff. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/18/2021. (sg)
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Filing 45
STATUS REPORT/Letter Request by Sidney Manes. (Benno, Ameer) Modified on 3/18/2021 (sg, ).
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Filing 44
NOTICE of Appearance by Danielle R. Smith on behalf of City of Syracuse (Smith, Danielle)
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Filing 43
TEXT ORDER: Court has reviewed status report/letter request (Dkt. No. #42 ) which is granted. All deadlines remain adjourned, but to be clear the case is not stayed. Attorney Benno remains counsel for Plaintiff until further order from the Court. Attorney Benno is directed to file a status report by 3/15/2021 regarding contact with any new counsel for plaintiff. If no new counsel has been obtained by 3/15/2021, Attorney Benno is directed to file a motion to withdraw on notice to all parties and the plaintiff if he will no longer remain as counsel to plaintiff. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/20/2021. (sg)
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Filing 42
Status Letter Motion from Ameer Benno for Sidney Manes requesting a further 60-day stay of deadlines in order for plaintiff to secure replacement counsel submitted to Judge Dancks . (Benno, Ameer)
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Filing 41
TEXT ORDER: Court has reviewed letter request (Dkt. No. #40 ) for a stay of discovery deadlines. Letter motion granted as follows: all deadlines are adjourned at this time and will be reset in the future. Attorney Benno shall remain as counsel for Plaintiff at this time until further order from the Court. Attorney Benno is directed to file a status report by 1/15/2021 regarding contact with any new counsel for plaintiff and/or file a motion to withdraw on notice to all parties and the plaintiff. The status conference set for 12/8/2020 is adjourned and will be reset as necessary once the issue of counsel for plaintiff is resolved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/7/2020. (sg)
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Filing 40
Letter Motion from Ameer Benno for Sidney Manes requesting a 60-day stay of deadlines in order for plaintiff to secure replacement counsel submitted to Judge Dancks . (Benno, Ameer)
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Filing 39
TEXT ORDER granting #38 Letter Request. Christina DeJoseph, Esq. is no longer representing Defendant/Cross Claimant City of Syracuse. Defendant/Cross Claimanat continues to be represented by Kristen Smith, Esq. and Danielle Pires, Esq. of the City of Syracuse Office of Corporation Counsel. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/15/2020. (sg )
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Filing 38
Letter Motion from Christina F. DeJoseph for City of Syracuse, City of Syracuse requesting to withdraw as counsel for defendant submitted to Judge Hon. Therese Wiley Dancks . (DeJoseph, Christina)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 12/8/2020 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, Access Code 8029754, Security Code 4983.(sg )
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Filing 37
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 33 and 34 Requests to be served by 10/1/2020. Joinder of Parties due by 1/8/2021. Amended Pleadings due by 1/8/2021. Fact Discovery due 5/14/2021. Discovery due by 9/17/2021. Discovery motions due 9/24/2021. Dispositive Motions to be filed by 11/15/2021. Anticipated length of trial: 15 days to be held at Syracuse NY. Mandatory Mediation is deferred (not opted out), no referral order will be issued at this time. Signed by Magistrate Judge Therese Wiley Dancks on 8/13/2020. (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 8/12/2020. Appearances: Ameer Benno, Esq. for Plaintiff; John Heisler, Esq., Christina DeJoseph, Esq., and Robert Julian, Esq. for Defendants. Court reviews Civil Case Management Plan. Rule 26 Mandatory Disclosures completed by all parties. Stipulated Protective Order to be submitted for Court approval by 10/22/2021. After discussion with counsel, Mandatory Mediation is deferred (not opted out) at this time. Pretrial deadlines are established, a scheduling order will be issued. (sg )
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Filing 36
CIVIL CASE MANAGEMENT PLAN of all parties filed by Onondaga County. (Heisler, John)
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Filing 35
City of Syracuse's ANSWER to #16 Amended Complaint , First CROSSCLAIM against William Fitzpatrick, Erik Mitchell, Onondaga County by City of Syracuse.(Pires, Danielle)
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Filing 34
NOTICE of Appearance by Danielle Pires on behalf of City of Syracuse (Pires, Danielle)
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Filing 33
TEXT ORDER granting Defendant City of Syracuse #32 Letter Request for extension of time to file response to Amended Complaint. City of Syracuse answer to #16 Amended Complaint due 8/3/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/29/2020. (sg)
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Filing 32
Letter Motion from Kristen Smith for City of Syracuse requesting Extension of Time to File Answer submitted to Judge Sannes . (Smith, Kristen)
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***Answer due date updated for Defendant City of Syracuse: answer to Amended Complaint (Dkt. No. #16 ) due 7/24/2020. (sg)
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TEXT NOTICE- RESCHEDULING OF THE R. 16 CONFERENCE: The telephone Initial Conference has been set for 8/12/2020 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, Access Code 8029754, Security code 8754. Civil Case Management Plan must be filed NO LATER THAN 8/5/2020 and Mandatory Disclosures are to be exchanged by the parties on or before 8/5/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg)
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Filing 31
ORDER denying #23 Motion to Dismiss under Fed. R. Civ. P. 12(b)(6). Signed by Judge Brenda K. Sannes on 7/10/2020. (rjb, )
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Filing 30
LETTER BRIEF Regarding Monell Claim Against The City of Syracuse by Sidney Manes. (Benno, Ameer)
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TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 7/1/2020. Appearances: Ameer Benno, Esq. for Plaintiff; John Heisler, Jr., Esq./Christina DeJoseph, Esq. and Robert Julian, Esq. for Defendants. Judge Sannes hears from Attorneys Benno and DeJoseph on the City's pending motion to dismiss. Plaintiff will file a letter by the close of business on 7/6/2020 regarding what causes of action are being pursued against the City on a Monell theory. (Court Reporter Hannah Cavanaugh; 2:00PM-2:28PM) (rjb, )
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TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 6/29/2020. Appearances: Ameer Benno, Esq. for Plaintiff; John Heisler, Esq. for the County Defendant; Robert Julian, Esq. for Defendants Fitzpatrick and Mitchell. Counsel for the City Defendants do not appear for the call, hearing to be rescheduled. (Court Reporter Eileen McDonough; 11:00AM-11:03AM) (rjb, )
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TEXT NOTICE of Hearing on #23 Second Motion to Dismiss for Failure to State a Claim : Telephonic Motion Hearing set for 6/29/2020 at 11:00 AM before Judge Brenda K. Sannes. A separate notice with call in information for the hearing will be issued. (rjb, )
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Filing 29
NOTICE of Appearance by Kristen E. Smith on behalf of City of Syracuse (Smith, Kristen)
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Filing 28
TEXT ORDER denying as moot #26 Letter Request for an extension of time to file a reply to the #23 motion to dismiss by 11/11/2019. A reply was filed to the motion to dismiss at Dkt. No. #27 . SO ORDERED by Judge Brenda K. Sannes on 10/29/2019. (sal )
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Filing 27
REPLY to Response to Motion re #23 Second MOTION to Dismiss for Failure to State a Claim filed by City of Syracuse. (D'Agostino, Mary)
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Filing 26
Letter Motion from Mary L. D'Agostino for City of Syracuse requesting extension to file reply papers submitted to Judge Brenda K. Sannes . (D'Agostino, Mary)
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Filing 25
RESPONSE in Opposition re #23 Second MOTION to Dismiss for Failure to State a Claim filed by Sidney Manes. (Benno, Ameer)
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Filing 24
TEXT ORDER: Court has reviewed docket and notes that defendant City has filed a Second Motion to Dismiss. (Dkt. No. #23 .). Therefore, the Rule 16 conference continues to be adjourned at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/7/2019. (sg )
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Filing 23
Second MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/7/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 10/21/2019 Reply to Response to Motion due by 10/28/2019. filed by City of Syracuse. (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Memorandum of Law) (D'Agostino, Mary)
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Filing 22
ANSWER to #16 Amended Complaint by Onondaga County.(Heisler, John)
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Filing 21
ANSWER to #16 Amended Complaint by Erik Mitchell.(Julian, Robert)
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Filing 20
ANSWER to #16 Amended Complaint by William Fitzpatrick.(Julian, Robert)
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Filing 19
TEXT ORDER: The Court has reviewed letter motions (Dkt. Nos. #17 and #18 ) and grants in part and denies in part both requests as follows: all parties including the City shall respond to the amended complaint by 9/30/2019; the motion to dismiss (Dkt. No. #7 ) is denied as moot since an amended complaint (Dkt. No. #16 ) has been filed. The Rule 16 and related deadlines continue to be adjourned and will be reset as necessary after all parties have responded to the amended complaint. SO ORDERED by Judge Brenda K. Sannes on 4/30/2019. (rjb, )
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Filing 18
Letter Motion from Mary L. D'Agostino, Esq. for City of Syracuse requesting an extension of time to respond to the amended complaint submitted to Judge Brenda K. Sannes . (D'Agostino, Mary)
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Filing 17
Letter Motion from Ameer Benno for Sidney Manes requesting termination of City of Syracuse's Rule 12(b)(6) motion and resetting of Rule 16 conference and related deadlines, or alternatively adjournment sine die of due date for plaintiff's opposition papers submitted to Judge Sannes . (Benno, Ameer)
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Filing 16
AMENDED COMPLAINT against All Defendants filed by Sidney Manes.(Benno, Ameer)
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***Answer due date updated for Erik Mitchell answer due 9/3/2019; Onondaga County answer due 8/29/2019. (see)
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Filing 15
AFFIDAVIT of Service for Summons & Complaint served on County of Onondaga on 8/8/19, filed by Sidney Manes. (Benno, Ameer)
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Filing 14
AFFIDAVIT of Service for Summons & Complaint served on Dr. Erik Mitchell on 8/12/19, filed by Sidney Manes. (Benno, Ameer)
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Filing 13
AFFIDAVIT of Service for Summons & Complaint served on William Fitzpatrick via regular postal depository on 8/9/19, filed by Sidney Manes. (Benno, Ameer)
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Filing 12
NOTICE of Appearance by Robert F. Julian on behalf of William Fitzpatrick, Erik Mitchell (Julian, Robert)
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***Answer due date updated for City of Syracuse answer due 8/29/2019. (see)
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CLERK'S CORRECTION OF DOCKET ENTRY re #10 Affidavit of Service. The affidavit of service is as to City of Syracuse. Clerk removed in docket text that it is as to County of Onondaga. It is a duplicate entry of document no. 11. Counsel should re-file the affidavit of service as to County of Onondaga. (see)
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Filing 11
AFFIDAVIT of Service for Summons and Complaint served on City of Syracuse on 8/8/19, filed by Sidney Manes. (Benno, Ameer)
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Filing 10
AFFIDAVIT of Service for Summons and Complaint served on City of Syracuse on 8/8/19, filed by Sidney Manes. (Benno, Ameer) Modified on 8/19/2019 (see, ).
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Filing 9
TEXT ORDER : Court reviewed letter motion (Dkt. No. #8 ) for an adjournment of the Rule 16 conference and related deadlines, which is granted for the reason stated. The Rule 16 conference and related deadlines will be reset as necessary in the future. In addition, the Court notes that no appearances have been made by defendants Fitzpatrick and Mitchell, and no affidavits of service have been filed regarding service on any of the defendants. Therefore, plaintiff is directed to file affidavits of service for any defendant that has been served by 8/26/2019, along with a status report regarding service on any defendant that is not yet completed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/16/2019. (sg)
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Filing 8
Letter Motion from Mary L. D'Agostino for City of Syracuse requesting adjournment of the Rule 16 conference submitted to Judge Dancks . (D'Agostino, Mary)
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Filing 7
First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 9/19/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 9/3/2019 Reply to Response to Motion due by 9/9/2019. filed by City of Syracuse. (Attachments: #1 Declaration, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Memorandum of Law) (D'Agostino, Mary)
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Filing 6
NOTICE of Appearance by Christina F. DeJoseph on behalf of City of Syracuse (DeJoseph, Christina)
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Filing 5
NOTICE of Appearance by Mary L. D'Agostino on behalf of City of Syracuse (D'Agostino, Mary)
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Filing 4
NOTICE of Appearance by John E. Heisler, Jr on behalf of Onondaga County (Heisler, John)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/15/2019 at 09:30 AM by 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 10/8/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
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Filing 2
Summonses Issued as to City of Syracuse, William Fitzpatrick, Erik Mitchell, and Onondaga County. (Attachments: #1 Summons for the City of Syracuse, #2 Summons for William Fitzpatrick, #3 Summons for Dr. Erik Mitchell)(see)
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TEXT NOTICE: Although the plaintiff herein has named John Does 1-10 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (see)
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Filing 1
COMPLAINT with Jury Demand against City of Syracuse, John Does 1-10, William Fitzpatrick, Erik Mitchell, and Onondaga County (Filing fee $400 receipt number ANYNDC-4797851) filed by Sidney Manes. (Attachments: #1 Civil Cover Sheet)(see)
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