Loop v. Crysler et al
| Scott Loop |
| Amy Bollinger, Kyle Guadagnolo, Todd Crysler, M.L Wicks and Kurt Bennett |
| 5:2020cv00311 |
| March 19, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 Letter from Scott Loop in Response to Docket # 43 Text Order. (Letter is almost duplicate to Docket #44 Letter) (ztc, ) |
Filing 45
ORDER staying this action until such time the plaintiff is able to secure his appearance at trial which shall include the plaintiff's obligation to pay all costs in advance relating to producing him at trial to the Bureau of Prisons and/or United States Marshal Service. The Court finds that there is no further reason to maintain this action on the open docket for statistical purposes, the Clerk shall submit a JS-6 and administratively close this case. The parties are advised that nothing contained in this minute order shall be considered a dismissal or disposition of the above-entitled action, and should further proceedings in it become necessary or desirable, any party may reopen the action by advising the Court in writing that the stay may be lifted. Upon notification to reopen the action, the parties are directed to request a pretrial conference with the Court so that a trial order can be issued. Signed by Senior Judge Thomas J. McAvoy on January 25, 2022. (Copy served via regular and certified) (ztc, )
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| Filing 44 Letter from Scott Loop in Response to Docket # 43 Text Order. (ztc, ) |
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Filing 43
TEXT ORDER: Plaintiff has advised he has the ability to pay for his own production for the purpose of trial in this matter. After consulting with DOCCS, Plaintiff is advised the estimated total cost of production for a 4-day trial would be $2996.80. The figure provided by DOCCS is only an estimate, and plaintiff is warned that the cost for production may be higher than this estimate. Plaintiff will be responsible for the total cost of production, even if it exceeds the estimated amount. Plaintiff is hereby directed to file proof of his ability to pay for production for the Courts consideration by February 11, 2022. Authorized by Senior Judge Thomas J. McAvoy on 1/13/2022. (Copy served upon Plaintiff via regular mail)(amt)
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| Filing 42 TEXT ORDER DENYING #40 #41 plaintiff's motions for appointment of pro bono counsel, subject to reconsideration when he is released or otherwise able to arrange his appearance at trial and a trial date is set. Signed by U.S. Magistrate Judge Andrew T. Baxter on 12/28/2021. (Copy served via regular mail)(Baxter, Andrew) |
| Filing 41 MOTION to Appoint Counsel filed by Scott Loop. Motions referred to Andrew T. Baxter. (ztc, ) |
| Filing fee:Received from Franklin Correctional Facility in the amount of $ 350.00, receipt number ALB012082 (khr) |
| Filing 40 Letter Motion from Scott Loop, Pro Se requesting Appointment of Counsel submitted to Magistrate Judge Andrew T. Baxter. (pjh, ) |
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Filing 39
TEXT ORDER: All pretrial deadlines set pursuant to Magistrate Judge Baxter's #32 Order have expired. This is case now deemed trial ready. Due to Plaintiff's current incarceration, the Court intends to issue an order administratively closing the case until such time the plaintiff is able to secure his appearance at trial, which shall include the plaintiff's obligation to pay all costs in advance related to producing him at trial. Plaintiff is hereby directed to advise the court in writing no later than 5/7/2021 if he is able to pay the costs associated with producing him at trial. Notice of Compliance Deadline 5/7/2021. Authorized by Senior Judge Thomas J. McAvoy on 4/8/2021. (Copy served upon Plaintiff via regular mail)(amt)
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| Filing 38 TEXT ORDER: The #36 Response to Discovery filed by Scott Loop shall be stricken from the docket for the following reason and will not be considered by the Court. Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials 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 discovery in this action, nor are plaintiff's submissions in support of a motion filed pursuant to Rule 37, neither discovery materials nor certificates of service regarding the same are to be filed with the Court. Discovery requests and responses should be served by on opposing counsel, and are not to be filed with the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2020. [Copy served upon pro se plaintiff via regular mail.] (nmk) |
| Filing 37 AFFIDAVIT of Service for Disclosure served on Scott Loop on 23 September 2020, filed by Amy Bollinger, Todd Crysler, Kyle Guadagnolo. (Heisler, John) |
| Filing 36 *STRICKEN* RESPONSE to Discovery Request filed by Scott Loop, Pro Se. (kmp) Stricken on 9/23/2020. (nmk) |
| Filing 35 STATUS REPORT confirming compliance with paragraph 1(A)(2) of the Mandatory Pretrial Discovery and Scheduling Order [Dkt. No. 32] by Kurt Bennett, M.L Wicks. (Reed, Matthew) |
| Filing 34 DECISION and ORDER: It is hereby ORDERED that Plaintiff's #33 motion for the appointment of counsel is DENIED WITHOUT PREJUDICE as discussed above; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Decision and Order on plaintiff in accordance with the Local Rules. Signed by US Magistrate Judge Andrew T. Baxter on September 11, 2020. (Copy served upon Pro Se Plaintiff via regular mail)(kmp) |
| Filing 33 MOTION to Appoint Counsel filed by Scott Loop, Pro Se. Motions referred to Magistrate Judge Andrew T. Baxter. {With envelope attached}(kmp) |
| Filing 32 MANDATORY PRETRIAL SCHEDULING ORDER: Joinder of Parties and Amended Pleadings due by 11/23/2020. Discovery due by 1/25/2021. Dispositive Motions to be filed by 3/23/2021. Signed by U.S. Magistrate Judge Andrew T. Baxter on 7/24/2020. [Copy served upon pro se plaintiff via regular mail.] (nmk) |
| Filing 31 ANSWER to #1 Complaint by Kurt Bennett, M.L Wicks. (Attachments: #1 Declaration of Service)(Reed, Matthew) |
| Filing 30 BILL OF COSTS submitted by US Marshal re: Service Fees in the amount of $40.00. (nas, ) |
| Filing 29 CERTIFICATE OF SERVICE by Todd Crysler, Kyle Guadagnolo of answers of Todd Crysler (Dkt. No. 27) and Kyle Guadagnolo (Dkt. No. 28) to the complaint of Scott Loop (Dkt. No. 1) (Heisler, John) |
| Filing 28 ANSWER to #1 Complaint by Kyle Guadagnolo.(Heisler, John) |
| Filing 27 ANSWER to #1 Complaint by Todd Crysler.(Heisler, John) |
| Filing 26 CERTIFICATE OF SERVICE by Amy Bollinger of answer of Amy Bollinger (Dkt. No. 25) to complaint of Scott Loop (Dkt. No.1) (Heisler, John) |
| Filing 25 ANSWER to #1 Complaint by Amy Bollinger.(Heisler, John) |
| Filing 24 NOTICE of Appearance by Matthew P. Reed on behalf of Kurt Bennett, M.L Wicks (Reed, Matthew) |
| Filing 23 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Amy Bollinger served on 5/8/2020, answer due 7/7/2020. Acknowledgment filed by Amy Bollinger. (Heisler, John) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed Acknowledgment filed by Kyle Guadagnolo. (Heisler, John) |
| Filing 21 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Todd Crysler served on 5/8/2020, answer due 7/7/2020. Acknowledgment filed by Todd Crysler. (Heisler, John) |
| Filing 20 TEXT ORDER: In light of the #16 notice of appearance, Attorney Heisler is directed to file the acknowledgments of service on behalf of the defendants he is representing in this case by 6/15/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/10/2020. [Copy served upon pro se plaintiff via regular mail.] (nmk) |
| ***Answer due date set for Kyle Guadagnolo answer due 7/7/2020. (kmp) |
| Filing 19 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to M.L Wicks served on 5/20/2020, answer due 7/20/2020. Acknowledgment filed by M.L Wicks. (Reed, Matthew) |
| Filing 18 ACKNOWLEDGMENT OF SERVICE (USM 299 Form) Executed as to Kurt Bennett served on 5/18/2020, answer due 7/17/2020. Acknowledgment filed by Kurt Bennett. (Reed, Matthew) |
| Filing 17 CERTIFICATE OF SERVICE by Amy Bollinger, Todd Crysler, Kyle Guadagnolo of notice of appearance of John E. Heisler Jr. as counsel for Amy Bollinger, Todd Crysler, and Kyle Guadagnolo (Heisler, John) |
| Filing 16 NOTICE of Appearance by John E. Heisler, Jr on behalf of Amy Bollinger, Todd Crysler, Kyle Guadagnolo (Heisler, John) |
| Filing 15 INMATE AUTHORIZATION FORM filed by Scott Loop, Pro Se. {With envelope attached} (kmp) |
| Filing 14 Summons Issued as to Todd Crysler (Attachments: #1 Summons Issued for Kyle Guadagnolo, #2 Summons Issued for Amy Bollinger, #3 Summons Issued for M.L. Wicks, #4 Summons Issued for Kurt Bennett). Service packets forwarded to the USMS for service upon the defendants. Copy of summonses, Complaint, and May 5, 2020 Decision and Order were also mailed to Onondaga County Attorney and the AG's Office as directed in the Decision and Order. (kmp) |
| Filing 13 DECISION and ORDER: It is ORDERED that plaintiff's in IFP application (Dkt. No. 8) is GRANTED; and it is ORDERED that the Clerk provide the Superintendent of the facility, designated by plaintiff as his current location, with a copy of plaintiff's inmate authorization form (Dkt. No. 9), and notify the official that this action has been filed, and that plaintiff is required to pay to the Northern District of New York the entire statutory filing fee of $350.00 pursuant to 28 U.S.C. 1915; and it is ORDERED that the Clerk shall issue summonses and forward them, along with copies of the complaint, to the United States Marshal for service upon the named defendants. The Clerk shall also forward a copy of the summons and complaint to the Onondaga County Attorney and the Attorney General of the State of New York, together with a copy of this Decision and Order; and it is ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiff. Signed by US Magistrate Judge Andrew T. Baxter on May 5, 2020. (Copy served upon Pro Se plaintiff via regular mail)(kmp) |
| Notification to Superintendent of Filing - Provided Superintendent at Franklin Correctional Facility with notice of instant action and a copy of Plaintiff's #9 Inmate Authorization Form. USDC/NYND Finance Dept notified. (kmp) |
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Filing 12
TEXT ORDER: The complaint in this action was received for filing from Western District of New York on March 19, 2020. Upon review, it appears that while plaintiff is now incarcerated, his claims arose prior to his incarceration and do not relate to his prison conditions. Accordingly, the Clerk of the Court shall revise the designation of this action to reflect a "division five" designation rather than a "division nine" designation and randomly reassign the action. See N.D.N.Y. General Order 12, Section D.1.C. and D.2. Authorized by Senior Judge Thomas J. McAvoy on 5/4/2020. {text order served via regular mail on plaintiff}(nas, )
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Filing 11
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Thomas J. McAvoy on April 2, 2020. (Copy served via regular mail)(rep)
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| Filing 10 LETTER: Filed by Scott Loop regarding his #8 IFP Application. (Attachments: #1 Exhibit - Correspondence)(rep) |
| Filing 9 INMATE AUTHORIZATION FORM: Filed by Scott Loop. (rep) |
| Filing 8 MOTION: for Leave to Proceed in forma pauperis, filed by Scott Loop. (rep) |
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Filing 7
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that plaintiff's IFP application is DENIED as incomplete; and it is further ORDERED that, because this action was not properly commenced, the Clerk is directed to administratively close this action;3 and it is further ORDERED that if plaintiff desires to pursue this action, he must, within 30 days of the filing date of this Order, (1) either (a) pay the $400.00 filing fee in full, or (b) submit a completed and signed IFP application; AND (2) submit a completed and signed inmate authorization form; and it is further ORDERED that, upon plaintiff's compliance with this Order, the Clerk shall reopen the action and forward it to the Court for review; and it is further ORDERED that the Clerk shall serve a copy of this Order on plaintiff along with a blank IFP application and a blank inmate authorization form. Signed by Senior Judge Thomas J. McAvoy on March 20, 2020. (Copy served via regular mail on plaintiff along with a blank IFP Application and a blank Inmate Authorization Form). (rep)
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| Filing 6 Case transferred in from District of New York Western; Case Number 1:19-cv-01705. electronically transferred when case opened |
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Filing 5
ORDER. It is in the interest of justice that this action be transferred to the Northern District of New York pursuant to 28 U.S.C. 1406(a). This Court makes no ruling as to the sufficiency of Plaintiff's complaint, nor does it consider the merits of Plaintiff's application to proceed in forma pauperis, instead, this court leaves those issues to the Northern District of New York. Signed by Hon. John L. Sinatra, Jr. on 3/5/2020. (KM)(Plaintiff mailed a copy of this document.) [Transferred from New York Western on 3/20/2020.]
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| Filing 4 TEXT ORDER REASSIGNING CASE to the Hon. John L. Sinatra, Jr. Signed by Mary C. Loewenguth, Clerk of Court, on February 18, 2020. (JMM) [Transferred from New York Western on 3/20/2020.] |
| Remark - Copy of #4 order mailed to Scott Loop. (JMM) [Transferred from New York Western on 3/20/2020.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Scott Loop.(SG) [Transferred from New York Western on 3/20/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Scott Loop.(CGJ) [Transferred from New York Western on 3/20/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by Scott Loop.(CGJ) [Transferred from New York Western on 3/20/2020.] |
| Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) [Transferred from New York Western on 3/20/2020.] |
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