Endemann et al v. City of Oneida, New York et al
| Carrie Endemann and Kyle Endemann |
| City of Oneida, New York, Leo Matzke and James Chamberlain |
| 5:2019cv01444 |
| November 20, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 11 TEXT ORDER: The Rule 16 conference set for 1/21/2020 and the deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, at a later date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/15/2020. (nmk) |
| Filing 10 TEXT ORDER REMINDING COUNSEL OF JUDGE D'AGOSTINO'S INDIVIDUAL RULE AND PRACTICES: The Court is in receipt of #9 Defendant's Motion to Dismiss, filed on 1/15/20. Counsel are referred to Judge D'Agostino's individual Rules and Practices http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf Judge D'Agostino's Chambers will contact counsel to schedule a pre-motion telephone conference. Signed by U.S. District Judge Mae A. D'Agostino on 1/15/2020. (ban) |
| Filing 9 First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 2/18/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/3/2020 Reply to Response to Motion due by 2/7/2020. filed by James Chamberlain, City of Oneida, New York, Leo Matzke. (Walsh, David) |
| Filing 8 TEXT ORDER: granting #7 Letter Request. The time for defendants James Chamberlain, City of Oneida, New York and Leo Matzke to answer or otherwise respond to the complaint is extended to 1/16/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/3/2020. (nmk) |
| Filing 7 Letter Motion from Defendants for James Chamberlain, City of Oneida, New York, Leo Matzke requesting Extension of Time to Answer submitted to Judge Baxter . (Walsh, David) |
| Filing 6 AFFIDAVIT of Service of Notice of Removal by James Chamberlain, City of Oneida, New York, Leo Matzke. (Attachments: #1 Affidavit Affidavit of Service)(Walsh, David) |
| Filing 5 TEXT ORDER: approving the 1-2 agreement. The time for defendants James Chamberlain, City of Oneida, New York and Leo Matzke to answer or otherwise respond to the complaint is extended to 1/6/2020. A joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/13/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court. The telephonic Rule 16 Conference set for 12/30/2019 is RESCHEDULED to 1/21/2020 at 02:30 PM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiffs' counsel is reminded to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/22/2019. (nmk) |
| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. {Mailed copy to Attorney Benedict on 11/22/2019 by regular mail} (see) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/30/2019 at 11:00 AM in Syracuse 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 12/23/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Mailed a copy to Attorney Timothy Benedict on 11/22/2019 by regular mail}(see) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT with Jury Demand relating to #1 Notice of Removal. (see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Madison County, case number EF2019-2098 (Filing fee $400 receipt number ANYNDC-4951057) filed by Leo Matzke, James Chamberlain, and City of Oneida, New York. (Attachments: #1 Exhibit(s) A - State Court Summons and Complaint, #2 Exhibit(s) B - Email requesting and confirming answer extension, #3 Civil Cover Sheet)(see) |
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