A.L. v. Herbert et al
Plaintiff: A.L.
Defendant: Donald J. Herbert, St. John the Baptist Church, Boy Scouts of America - Hiawatha Council, The Roman Catholic Diocese of Syracuse, Boy Scouts of America, Inc. and Does 1-100
Case Number: 5:2020cv00181
Filed: February 19, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Glenn T Suddaby
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1452 R&R re motions to remand (non-core)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2020 Filing 18 TEXT ORDER: Court has reviewed docket. The 5/7/2020 telephone Rule 16 Initial Conference and associated deadlines are adjourned at this time without new date. Defendant counsel to file status report on the Bankruptcy by 5/26/2020. SO ORDERED Magistrate Judge Therese Wiley Dancks on 4/9/2020. (sg )
March 31, 2020 Filing 17 AMENDED NOTICE by Boy Scouts of America - Hiawatha Council, Boy Scouts of America, Inc. NOTICE OF ENTRY OF CONSENT ORDER PURSUANT TO 11 U.S.C. 105(a) AND 362 GRANTING THE BSAS MOTION FOR A PRELIMINARY INJUNCTION with attached Exhibit (Attachments: #1 Exhibit(s) Consent Order)(Beckwith, Mathew) Modified on 3/31/2020 to indicate this is amended (sal ).
March 31, 2020 Filing 16 NOTICE by Boy Scouts of America - Hiawatha Council, Boy Scouts of America, Inc. NOTICE OF ENTRY OF CONSENT ORDER PURSUANT TO 11 U.S.C. 105(a) AND 362 GRANTING THE BSAS MOTION FOR A PRELIMINARY INJUNCTION (Beckwith, Mathew)
March 26, 2020 Opinion or Order Filing 15 TEXT ORDER denying without prejudice #10 Plaintiff's letter-motion as non-compliant with Local Rule 7.1(a) of the District's Local Rules of Practice. Plaintiff is respectfully advised that, should the motion be renewed in its proper form, then a briefing schedule shall be set with a return date before the undersigned, and it will be decided based on the papers, unless the Court finds a need for oral argument. The Clerk is directed to rename the #14 letter-motion as a response to Plaintiff's #10 letter motion. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/26/2020. (sal)
March 25, 2020 Filing 14 RESPONSE to Plaintiff's #10 letter-motion requesting to remand the action to state court from Lorraine R. Mertell, Esq. for St. John the Baptist Church, and The Roman Catholic Diocese of Syracuse. (Attachments: #1 Exhibit(s) Verified Complaint for Injunctive Relief, #2 Exhibit(s) Second Amended Agenda of Matters)(Mertell, Lorraine) Modified on 3/26/2020 to change from a letter-motion to a response (sal ).
March 20, 2020 Opinion or Order Filing 13 TEXT ORDER granting #12 Letter Request for an extension of time until March 26, 2020 to respond to Plaintiff's #10 letter requesting to dismiss defendants Donald J. Hebert, The Roman Catholic Diocese of Syracuse, Saint John the Baptist Church and Does 1-100 from this federal bankruptcy action and remanded back to state court. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/20/2020. (sal )
March 19, 2020 Filing 12 Letter Motion from Lorraine R. Mertell, Esq. for St. John the Baptist Church, The Roman Catholic Diocese of Syracuse requesting Deadline of March 26, 2020 to respond to Plaintiff's Letter Motion of March 19, 2020 submitted to Judge Glenn T. Suddaby . (Mertell, Lorraine)
March 19, 2020 Filing 11 CERTIFICATE OF SERVICE by A.L. re #10 Letter Motion (Ryder, Jesse)
March 19, 2020 Filing 10 LETTER MOTION to Remand to State Court , submitted to Chief Judge Glenn T. Suddaby, filed by A.L. (Ryder, Jesse) Modified on 3/19/2020 to change the event from a Motion to a Letter Motion per request of counsel. (jmb)
March 19, 2020 CLERK'S CORRECTION OF DOCKET ENTRY: the Clerk has modified the #10 Docket entry to change it from a formal Motion to a Letter Request/Motion event per request of counsel. Motion deadlines terminated. (jmb)
March 3, 2020 Filing 9 NOTICE by Boy Scouts of America - Hiawatha Council, Boy Scouts of America, Inc. NOTICE OF (I) COMMENCEMENT OF ADVERSARY PROCEEDING AND FILING OF MOTION FOR A PRELIMINARY INJUNCTION BY THE BSA, (II) MEETING TO CONSIDER THE FORMATION OF AN OFFICIAL COMMITTEE OF CREDITORS AND (III) FILING OF MOTION BY THE BSA DEBTORS TO FIX VENUE FOR CLAIMS RELATED TO THE BANKRUPTCY UNDER 28 U.S.C. 157(b)(5) AND 1334(b) (Beckwith, Mathew)
March 3, 2020 Filing 8 NOTICE of Appearance by Mathew William Beckwith on behalf of Boy Scouts of America - Hiawatha Council, Boy Scouts of America, Inc. (Beckwith, Mathew)
February 21, 2020 Filing 7 NOTICE of Admission Requirement as to Party BSA Defendants'; Attorney Charles C. Gardner, Phone number is 212-541-7236. Attorney Michael J. Mazurczak, Esq., Email address is maz@melicklaw.com. Phone number is 212-541-7236. Attorney Mathew W. Beckwith, Esq., Email address is mbeckwith@melicklaw.com. Phone number is 212-541-7236. Admissions due by 3/6/2020. {Copy of letter mailed to attorneys via regular mail on 2/21/20)(kmp)
February 21, 2020 Filing 6 G.O. 25 FILING ORDER ISSUED: Initial Telephone Rule 16 Conference set for 5/7/2020 at 10:30 AM 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 4/30/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp)
February 19, 2020 Filing 5 ANSWER to Complaint (Notice of Removal) by The Roman Catholic Diocese of Syracuse. (kmp)
February 19, 2020 Filing 4 VERIFIED ANSWER to Complaint (Notice of Removal) filed by Boy Scouts of America, Inc. and Boy Scouts of America - Hiawatha Council. (kmp)
February 19, 2020 Filing 3 STATE COURT ANSWER to Complaint (Notice of Removal), CROSSCLAIM against Boy Scouts of America - Hiawatha Council, Boy Scouts of America, Inc., St. John the Baptist Church, The Roman Catholic Diocese of Syracuse filed by Donald J. Herbert. (kmp)
February 19, 2020 Filing 2 STATE COURT COMPLAINT & SUMMONS relating to #1 Notice of Removal filed by Boy Scouts of America, Inc and Boy Scouts of America - Hiawatha Council. (Attachments: #1 State Court Summons)(kmp)
February 19, 2020 Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 003542/2019 (Filing fee $400 receipt number ANYNDC-5032915) filed by Boy Scouts of America - Hiawatha Council amd Boy Scouts of America, Inc.(Attachments: #1 Exhibit - A, #2 Exhibit - State Court Summons, #3 Exhibit - State Court Complaint, #4 Exhibit - Affidavit of Service of Donald Herbert, #5 Exhibit - Affidavit of Service Boy Scouts of America, #6 Exhibit - Affidavit of Service Boy Scouts of America-Hiawatha Council, #7 Exhibit - Affidavit of Service Roman Catholic of Diocese of Syracuse, #8 Exhibit - State Court Answer of Donald Herbert, #9 Exhibit - Affidavit of Service Answer, #10 Exhibit - State Court Answer of Boy Scouts of America and Boy Scouts of America - Hiawatha Council, #11 Exhbit - Motion for Protective Order, #12 Exhibit - Affidavit in Support of Protective Order Jesse Ryder, #13 Exhibit A to Motion, #14 Exhibit Affidavit of A.L. in Support of Protective Order, #15 Exhibit - Memorandum of Law in Support of Plaintiff's Motion for a Protective Order, #16 Exhibit 1, #17 Exhibit 2, #18 Exhibit 3, #19 Exhibit - Request for Judicial Intervention, #20 Exhibit - Request for Judicial Intervention Addendum, #21 Exhibit - Order Scheduling Preliminary Conference, #22 Exhibit - Affidavit of Jesse Ryder, #23 Exhibit - Affirmation of Charles Gardner Oppostion to Motion, #24 Exhibit - Roman Catholic Diocese of Syracuse letter, #25 Exhibit - Donald Herbert Letter, #26 Exhibit - Propose Protective Order, #27 Exhibit - Proective Order, #28 Exhibit - Order for Status Conference, #29 Exhibit - State Court Answer Roman Catholic Diocese of Syracuse, #30 Exhibit - Notice of Deposition, #31 Exhibit - Appendix A Preliminary Conference Stipulation, #32 Exhibit - Order on Preliminary Conference Stipulation, #33 Exhibit - Order, #34 Exhibit - Letter by Senta Siuda enclosing discovery stipulation, #35 Exhibit - Letter by Senta Siuda, #36 Certificate of Service, #37 Civil Cover Sheet)(kmp)

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Defendant: Donald J. Herbert
Represented By: Peter M. Hobaica
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Defendant: St. John the Baptist Church
Represented By: Dean J. DiPilato
Represented By: Lorraine M. Mertell
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Defendant: Boy Scouts of America - Hiawatha Council
Represented By: Donna L. Burden
Represented By: Mathew William Beckwith
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Defendant: The Roman Catholic Diocese of Syracuse
Represented By: Dean J. DiPilato
Represented By: Lorraine M. Mertell
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Defendant: Boy Scouts of America, Inc.
Represented By: Donna L. Burden
Represented By: Mathew William Beckwith
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Defendant: Does 1-100
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Plaintiff: A.L.
Represented By: Jesse P. Ryder
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