Sawabini v. McConn et al
Plaintiff: Lutfalllah T. Sawabini and Lutfallah T. Sawabini
Defendant: New York Spine Wellness Center, Walter Marige, III, Ryan McConn, Joseph Catania and Dr. Walter Margie, III
Case Number: 5:2020cv01157
Filed: September 23, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Referring Judge: Miroslav Lovric
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2020 Filing 21 TEXT ORDER granting #20 Letter Request Re: #15 MOTION to Dismiss for Failure to State a Claim. : Motion Hearing set for 12/11/2020 ON SUBMISSION OF PAPERS ONLY - NO APPEARANCES REQUIRED before Judge David N. Hurd Response to Motion due by 12/4/2020 Reply to Response to Motion due by 12/10/2020. Per the Oral Order ofJudge David N. Hurd on 11/20/2020. (Copy served upon pro se plaintiff via regular mail at 11 Manatee Avenue, Sidney, NY 13838 on 11/20/2020.}(hmr)
November 16, 2020 Filing 20 Letter Motion for Lutfallah T. Sawabini requesting an extension of time until December 4, 2020 in which to file a response to the #15 motion to dismiss. (Attachments: #1 Mailing Envelope)(mgh)
November 13, 2020 Filing 19 NOTICE of Appearance by Lauren A. Saleeby on behalf of Walter Margie, III (Saleeby, Lauren)
November 13, 2020 Filing 18 NOTICE of Appearance by Justin L. Salkin on behalf of Walter Margie, III (Salkin, Justin) Modified on 11/13/2020 Clerk notes that this document is an appearance for Lauren Saleeby and was refiled using Attorney Saleeby's CM/ECF account as #19 (pjh, ).
November 12, 2020 Opinion or Order Filing 17 TEXT ORDER: In light of the Motion to Dismiss #15 , the Rule 16 initial conference currently scheduled for 12/23/2020, the filing of the Civil Case Management Plan, and the exchange of Mandatory Disclosures, are STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/12/2020. (Copy served on pro se Plainitiff via regular mail) (jdp )
November 12, 2020 Filing 16 ANSWER to Complaint by Walter Margie, III. (Attachments: #1 Certificate of Service)(Salkin, Justin)
November 11, 2020 Filing 15 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 12/11/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 11/24/2020 Reply to Response to Motion due by 11/30/2020. filed by Joseph Catania, Ryan McConn. (Attachments: #1 Declaration, #2 Memorandum of Law, #3 certificate of service) (Felter, Karen)
October 26, 2020 Opinion or Order Filing 14 TEXT ORDER: the Clerk of the Court is directed to STRIKE Plaintiff's Letter #13 . It is unclear what relief, if any, Plaintiff is requesting and what the grounds are for that relief. Because Plaintiff's submission is being stricken from the docket, it will not be considered by the Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/26/2020.(Copy served on Pro Se Plaintiff via regular mail)(jdp)
October 21, 2020 Filing 13 ***STRICKEN PURSUANT TO THE COURTS #13 ORDER*** Letter dated October 17, 2020 from Lewis Sawabini to the court. (jel, ) Modified on 10/26/2020 (jdp, ).
October 16, 2020 Opinion or Order Filing 12 ORDER granting #11 Letter Request, Walter Margie, III answer now due 11/12/2020. Signed by Magistrate Judge Miroslav Lovric on 10/16/2020. (Copy served on Pro Se Plaintiff via regular mail)(jdp)
October 14, 2020 Filing 11 Letter Motion from Justin L. Salkin, Esq. for Walter Margie, III requesting Extension to answer the complaint submitted to Judge Lovric . (Salkin, Justin)
October 13, 2020 Opinion or Order Filing 10 TEXT ORDER: Letter Motion #9 is GRANTED. Defendants McConn and Catania are directed to file an answer or otherwise respond to the Complaint by 11/12/2020. All other schedules and deadlines remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/13/2020. (Copy served on Pro Se Plainitff via regular mail)(jdp )
October 12, 2020 Filing 9 Letter Motion from Karen G. Felter, Esq., attorney for Defendants, McConn and Catania for Joseph Catania, Ryan McConn requesting Extension to Answer/Move submitted to Judge Miroslav Lovric . (Attachments: #1 Certificate of Service of Notices of Appearance and Letter to Hon. Miroslav Lovric)(Felter, Karen)
October 12, 2020 Filing 8 NOTICE of Appearance by Karen G. Felter on behalf of Joseph Catania, Ryan McConn (Felter, Karen)
October 12, 2020 Filing 7 NOTICE of Appearance by Eric G. Johnson on behalf of Joseph Catania, Ryan McConn (Johnson, Eric)
October 1, 2020 Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Defendants McConn, Catania and Margie by certified mail on 9/24/2020 filed by Lutfallah T. Sawabini.(Attachments: #1 Proof of Service - Catania, #2 Proof of Service - Margie, #3 Proof of Service - McConn, #4 Return Receipt - McConn, #5 Mailing Envelope)(dpk)
September 24, 2020 Filing 5 AMENDED G.O. 25 FILING ORDER ISSUED:Initial Telephonic Rule 16 Conference set for 12/23/2020 at 11:00 AM before Magistrate Judge Miroslav Lovric. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 336-1839 and enter access code 5177238. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/16/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Served upon pro se plaintiff by way of direct mail] Modified on 9/24/2020 (map).
September 23, 2020 Filing 4 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed (dpk)
September 23, 2020 Filing 3 Summons Issued as to Joseph Catania, Walter Margie, III and Ryan McConn. (dpk)
September 23, 2020 Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/23/2020 at 11:00 AM in Binghamton before Magistrate Judge Miroslav Lovric. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 336-1839 and enter access code 5177238. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/16/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
September 23, 2020 Filing 1 COMPLAINT against Joseph Catania, Walter Margie, III and Ryan McConn (Filing fee $400 receipt number 3BNG2778) filed by Lutfalllah T. Sawabini. (Attachments: #1 Civil Cover Sheet) (dpk)

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Defendant: New York Spine Wellness Center
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Defendant: Walter Marige, III
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Defendant: Ryan McConn
Represented By: Karen G. Felter
Represented By: Eric G. Johnson
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Defendant: Joseph Catania
Represented By: Karen G. Felter
Represented By: Eric G. Johnson
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Defendant: Dr. Walter Margie, III
Represented By: Justin L. Salkin
Represented By: Lauren A. Saleeby
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Plaintiff: Lutfalllah T. Sawabini
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Plaintiff: Lutfallah T. Sawabini
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