Johnston, M.D. M.P.H. et al v. City of Syracuse et al
| Dr. Mark Johnston, M.D. M.P.H. and Shaolin Moore |
| Police Officer Leonard Brown, Does 1-200, Chief of Police Kenton T. Buckner, City of Syracuse, Police Officer Vallon Smith, Lieutenant Geno Turo and Police Officer Christopher Buske |
| Ira Lobel |
| 5:2020cv01497 |
| December 4, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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ADR COMPLETED - Case settled through Mandatory Mediation. Attorney Ira B. Lobel terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal )
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Filing 71
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 09-22-2022. Total Hours Spent by Mediator: 6; The outcome of Mandatory Mediation is: CASE HAS SETTLED. The Settlement Agreement and Stipulation for Dismissal are being prepared and will be submitted for the courts consideration. (Lobel, Ira)
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Filing 70
TEXT ORDER: Granting #69 Letter Request for an extension of time. Fact Discovery cutoff is 10/14/2022. Completion of all discovery is 2/16/2023 (plaintiff's expert disclosures due by 11/18/2022; defendants' expert disclosures due by 1/3/2023; and any rebuttal disclosures are due by 1/17/2023). Dispositive motions are to be filed by 4/17/2023. Deadline for completion of Mandatory Mediation is 9/22/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/26/2022. (kmc)
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Filing 69
Letter Motion from Counsel for City of Syracuse, Vallon Smith requesting Extension of the Scheduling Order submitted to Judge Andrew T. Baxter . (Pires, Danielle)
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Filing 68
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Ira B. Lobel has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Danielle B. Pires and Jeffrey L. Mendelman. Dated: July 25, 2022(Pires, Danielle)
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Filing 67
TEXT ORDER: Granting #66 Letter Request for an extension of time. Deadline for Mediator Selection is 7/30/2022. Deadline for completion of Mandatory Mediation is 8/23/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/1/2022. (kmc)
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Filing 66
Letter Motion from Counsel for City of Syracuse, Vallon Smith requesting Extension of Deadlines to Select Mediator and Conduct Mediation submitted to Judge Andrew T. Baxter . (Pires, Danielle)
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Filing 65
TEXT ORDER OVERRULING #63 plaintiff's objections to providing defendant with the proposed Authorization to Permit Ex Parte Interview of Treating Physician by Defense Counsel (Dkt. No. 64-1), for the reasons stated and authority cited in #64 defendants' letter brief. The court adopts the reasoning of Soto v. The City of New York, No. 12-CV-6911, 2015 WL 8162105 (S.D.N.Y. Nov. 24, 2015), denying motion to set aside 2015 WL 6503819 (S.D.N.Y. Oct. 28, 2015) and Sforza v. City of New York, No. 07-CV-6122, 2008 WL 4701313 (S.D.N.Y. Oct. 24, 2008) (distinguishing contrary authority, including Equal Employment Opportunity Commission v. Boston Mkt. Corp., No. CV 03-4227, 2004 WL 3327264 (E.D.N.Y. Dec.16, 2004)). The court notes that #58 a stipulated Protective Order that meets the requirements of HIPPA, 45 C.F.R. 164.512(1)(e)(v), is in place, and rules that any medical or mental health information conveyed to counsel during ex parte contacts with plaintiff's medical providers shall be deemed Confidential Information governed by that Protective Order. See Bayne v. Provost, 359 F. Supp. 2d 234, 241 (N.D.N.Y. 2005) (under 164.512(1)(e)(v), a "protective order must prohibit 'using or disclosing the protected health information for any purpose other than the litigation[]' and '[r]equire [ ] the return to the [physician] or destruction of the protected health information... at the end of the litigation or proceeding.'"). Plaintiff has not cited any authority that such a protective order must include the additional types of restrictions demanded in his letter brief at 3, n.3. The court further directs that counsel for both sides shall not attempt to induce or discourage plaintiff's medical providers from agreeing to ex parte interviews, other than advising them that any such interview is entirely voluntary and that the alternative might be a formal deposition. Finally, defense counsel is prohibited from attempting to obtain information from any medical provider designated by plaintiff as an expert regarding the provider's communication with plaintiff's counsel. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/24/2022. (kmc)
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Filing 64
LETTER BRIEF in Response to Plaintiff's Letter Brief (Doc. 63) by City of Syracuse, Vallon Smith. (Attachments: #1 Exhibit(s) Exhibit 1)(Pires, Danielle)
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Filing 63
LETTER BRIEF by Mark Johnston, M.D. M.P.H.. (Attachments: #1 Exh. 1)(Ryder, Jesse)
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Filing 62
TEXT ORDER: By 4/29/2022, plaintiff is to file a letter brief, not to exceed 5 pages in length. Defendants may file a responsive letter brief, not to exceed 5 pages, by 5/6/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/22/2022. (kmc)
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TEXT Minute Entry for a stenographically-recorded telephonic conference held on 4/22/2022 before U.S. Magistrate Judge Andrew T. Baxter: The court discussed #61 defendants letter motion seeking court intervention with respect to the "Arons" medical authorizations and Workers' Compensation records. Plaintiff's counsel advised the court he would like to file a letter brief with respect to defendants request of the authorizations. The court has directed plaintiff to file a letter brief by 4/29/2022, not to exceed 5 pages. Defendants may file a responsive brief by 5/6/2022, not to exceed 5 pages. Appearances: Jesse Ryder, Esq. for plaintiff; and Danielle Pires, Esq. for defendants. (Court Reporter: Lisa Tennyson. Time: 1:00 PM - 1:09 PM.) (kmc)
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TEXT NOTICE of Hearing: A telephonic Discovery Hearing is set for 4/22/2022 at 1:00 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc)
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Filing 61
Letter Motion from Counsel for City of Syracuse, Vallon Smith requesting Court Conference submitted to Judge Andrew T. Baxter . (Pires, Danielle)
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Filing 60
TEXT SCHEDULING ORDER: Fact Discovery cutoff is 8/15/2022. Completion of all discovery is 12/18/2022 (plaintiff's expert disclosures due by 9/30/2022; defendants' expert disclosures due by 11/11/2022; and any rebuttal disclosures are due by 11/21/2022). Dispositive motions are to be filed by 2/16/2023. Deadline for Mediator Selection is 5/31/2022. Deadline for completion of Mandatory Mediation is 6/24/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/29/2022. (kmc)
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Filing 59
STATUS REPORT submitted by City of Syracuse, Vallon Smith. (Pires, Danielle)
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Filing 58
PROTECTIVE ORDER: Setting forth the terms and conditions on the exchange and disclosure of confidential materials in this matter. Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/4/2022. (kmc)
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Filing 57
Letter Motion from Attorney Pires for City of Syracuse, Vallon Smith requesting Protective Order submitted to Judge Andrew T. Baxter . (Pires, Danielle)
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Filing 56
TEXT ORDER: Granting #54 Letter Motion requesting withdrawal of attorneys Mary L. D'Agostino and John G. Powers. Attorneys Mary L. D'Agostino and John G. Powers are hereby terminated. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/28/2022. (kmc)
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Filing 55
TEXT ORDER: Plaintiff's counsel is directed to provide, to defense counsel by 3/14/2022, an executed protective order and signed authorization to unseal the state criminal court file relating to plaintiff. Counsel are also directed to file a status report by 3/28/2022 pursuant to the court's direction, as outlined in the accompanying TEXT Minute Entry. Mediator selection and mandatory mediation deadlines are STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/28/2022. (kmc)
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Filing 54
Letter Motion from Mary L. D'Agostino for City of Syracuse, Vallon Smith requesting withdrawal of John G. Powers and Mary L. D'Agostino as counsel of record submitted to Judge Andrew T. Baxter, Chief U.S. Magistrate Judge . (D'Agostino, Mary)
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TEXT NOTICE: The telephonic Status Conference set for 3/16/2022 is ADJOURNED WITHOUT DATE. (kmc)
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TEXT Minute Entry for a telephonic Status Conference held on 2/28/2022 before U.S. Magistrate Judge Andrew T. Baxter: The court discussed #53 defendant's letter motion seeking to reset the current pretrial schedule. Plaintiff advised the court there have been settlement negotiation discussions among some of the lawyers; however, counsel appearing for both sides did not know the current status of the settlement negotiation. Defense counsel advises the court they have requested an executed protective order and signed authorization to unseal the state criminal court file relating to plaintiff. Plaintiff's counsel agrees to provide both documents by 3/14/2022. Counsel are directed to meet and confer, after clarifying the status of settlement negotiations, and then file a status report by 3/28/2022, proposing a revised pretrial schedule, including deadlines for mediation, if the parties agree that mediation could be productive. The status report will also address whether the case may settle or if the parties will be moving forward with written discovery. Mediator selection and mandatory mediation deadlines have been stayed pending receipt of the status report, as reflected in the accompanying text order. Appearances: Jesse Ryder, Esq. for plaintiff; and Todd Long, Esq. and Danielle Pires, Esq. for defendants. Time: 1:30 PM - 1:42 PM. (kmc)
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TEXT NOTICE of Hearing: A telephonic conference is set for 2/28/2022 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc)
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Filing 53
Letter Motion from Attorney Pires for City of Syracuse, Vallon Smith requesting Court Conference submitted to Judge Andrew T. Baxter . (Pires, Danielle)
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Filing 52
TEXT ORDER: Granting #51 Letter Request for an extension of time. Deadline for Mediator Selection is 2/22/2022. Deadline for completion of Mandatory Mediation is 3/15/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/5/2022. (kmc)
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Filing 51
Letter Motion from Mary L. D'Agostino for City of Syracuse, Vallon Smith requesting brief extension to the mediation deadlines submitted to Judge Andrew T. Baxter, Chief U.S. Magistrate Judge . (Attachments: #1 Exhibit(s) Notice of Unavailability)(D'Agostino, Mary)
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Filing 50
LETTER BRIEF by order of the Court regarding joint representation and Dunton Affidavits by City of Syracuse, Vallon Smith. (Long, Todd)
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Filing 49
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 1/10/2022. Deadline for completion of Mandatory Mediation is 2/21/2022. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/22/2021. (kmc)
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Filing 48
UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 1/7/2022. Discovery cutoff is 8/26/2022 (plaintiff's expert disclosures due by 5/30/2022; defendants' expert disclosures due by 7/12/2022; and any rebuttal disclosures are due by 7/27/2022). Dispositive motions are to be filed by 10/25/2022. Anticipated length of trial: 5-7 days. Preferred Trial Location: Syracuse. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/22/2021. (kmc)
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TEXT NOTICE of Hearing: A telephonic Status Conference is set for 3/16/2022 at 2:00 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference.(kmc)
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TEXT Minute Entry for telephonic Rule 16 conference held on 10/22/2021 before U.S. Magistrate Judge Andrew T. Baxter: The court clarified the claims that survived motion practice before District Judge Hurd and the plaintiff advised that they do not intend to seek to amend the claims that were dismissed by Judge Hurd without prejudice. Defense counsel will confirm, by letter to the court that he has discussed joint representation with the individual defendant and has obtained a Dunton Affidavit. The court has directed plaintiffs counsel to provide mandatory disclosures to defense counsel by 10/29/2021. Pretrial deadlines were established and a scheduling order will be issued on behalf of District Judge Hurd. The court and the parties discussed some potential discovery issues. Plaintiffs counsel has already obtained significant, relevant Monell-related discovery from the City of Syracuse in a similar prior case, but is prepared to enter into a new protective order so that the prior and updated discovery may be used, with specified limitations, in connection with this case. The protective order will also apply to any medical/mental health treatment records provided by plaintiff in discovery. Defense counsel will draft a proposed protective order, which will be submitted for the court's consideration after input from opposing counsel is obtained. The court provided some guidance on the appropriate scope of discovery relating to plaintiffs prior treatment history in light of his claim of physical and emotional damages. The court discussed the Mandatory Mediation Program with counsel, who were familiar with the program. A follow-up telephonic conference is set for 3/16/2022 at 2:00 PM. Appearances: Jesse Ryder, Esq. and Jeffrey Mendelmen, Esq. for plaintiff; and Todd Long, Esq. and Danielle Pires, Esq. for defendants. Time: 1:30 PM 1:51 PM. (kmc)
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Filing 47
CIVIL CASE MANAGEMENT PLAN with consent of all parties by City of Syracuse, Vallon Smith. (Long, Todd)
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Filing 46
AMENDED ANSWER to #23 Amended Complaint by City of Syracuse, Vallon Smith. (Long, Todd)
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Filing 45
TEXT ORDER: A Joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/15/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 conference is set for 10/22/2021 at 1:30 PM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/22/2021. (kmc)
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Filing 44
ANSWER to #23 Amended Complaint by City of Syracuse, Vallon Smith.(Knickerbocker, Sarah)
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Filing 43
MEMORANDUM-DECISION and ORDER granting in part and denying in part #34 Motion to Dismiss for Failure to State a Claim. ORDERED that 1. Defendants partial motion to dismiss under Rule 12(b)(6) is GRANTED; 2. Counts: (X) false imprisonment under New York state law; (XI) assault under New York state law; (XII) battery under New York state law; (XIII) negligent training, hiring, retention and supervision; and (XIV) for declaratory relief are DISMISSED without prejudice; 3. Counts: (II) municipal liability under 1983 through Monell against defendant Kenton T. Buckner; (III) failure to prevent a conspiracy in violation of constitutional rights under 42 U.S.C. 1986; (V) false imprisonment under 1983; (VI) assault and battery under 1983; and (IX) ratification are DISMISSED with prejudice; 4. Defendant Kenton T. Buckner is DISMISSED from the case; 5. Defendants Does 1-200 are DISMISSED from the case; 6. Defendants motion to compel plaintiff Dr. Mark Johnston to replead his complaint or in the alternative to strike portions of his complaint is DENIED; 7. Plaintiff Dr. Mark Johnstons informal request to amend his complaint is DENIED; and 8. Defendants Smith and the City of Syracuse must answer the amended complaints Counts: (I) excessive force under 1983 against Smith; (II) Monell liability for the City of Syracuse; (IV) false arrest under 1983 against Smith; (VII) unlawful search under 1983 against Smith; and (VIII) deliberate indifference to a serious medical need against Smith no later than Tuesday, September 21, 2021. IT IS SO ORDERED. Signed by Judge David N. Hurd on 9/2/2021. (khr)
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***Answer due date updated for City of Syracuse answer due 9/21/2021; Vallon Smith answer due 9/21/2021. (khr)
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Filing 42
REPLY to Response to Motion re #34 First MOTION to Dismiss for Failure to State a Claim filed by City of Syracuse, Does 1-200, Vallon Smith. Motion returnable before Judge David N. Hurd filed by Kenton T. Buckner, City of Syracuse, Vallon Smith. (Long, Todd)
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Filing 41
TEXT ORDER: The Rule 16 conference set for 8/4/2021 and 7/27/2021 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, after disposition of the #34 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/23/2021. (kmc)
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Filing 40
Letter Motion from Sarah M. Knickerbocker, Esq. for Kenton T. Buckner, City of Syracuse, Does 1-200, Vallon Smith requesting Stay of the Rule 26, CCMP, and Rule 16 Conference Deadlines Pending Decision on the Motion to Dismiss by the Court submitted to Judge Andrew T. Baxter . (Knickerbocker, Sarah)
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Filing 39
TEXT ORDER granting #38 Letter Request, Re: #34 First MOTION to Dismiss for Failure to State a Claim filed by City of Syracuse, Does 1-200, Vallon Smith. Motion returnable before Judge David N. Hurd. Reply to Response to #34 Motion to Dismiss is now due by 7/23/2021. Per the Verbal Order of Judge David N. Hurd on 07/12/2021. (hmr)
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Filing 38
Letter Motion from Todd M. Long for City of Syracuse, Does 1-200, Vallon Smith requesting a 10 day extension for Defendants to file a Reply submitted to Judge David N. Hurd . (Long, Todd)
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Filing 37
RESPONSE in Opposition re #34 First MOTION to Dismiss for Failure to State a Claim filed by City of Syracuse, Does 1-200, Vallon Smith. Motion returnable before Judge David N. Hurd filed by Mark Johnston, M.D. M.P.H.. (Attachments: #1 Exhibit(s) Ex. 1-Notice of Claim)(Bonner, Charles)
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Filing 36
TEXT ORDER ADJOURNING DEADLINES AS TO MOTION TO DISMISS: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: #35 Joint Letter motion for extension of time to file opposition and reply briefs is GRANTED and the motion deadlines are adjourned as follows: Response to the #34 First MOTION to Dismiss for Failure to State a Claim is due on Tuesday July 6, 2021, Reply, if any, to the response to the motion is due by Tuesday July 13, 2021. So Ordered by Judge David N. Hurd on 6/24/2021 (ptm)
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Filing 35
Letter Motion from Todd M. Long for Kenton T. Buckner, City of Syracuse, Does 1-200, Vallon Smith requesting Extension of Motion Response and Reply Filing Deadlines submitted to Judge David N. Hurd . (Knickerbocker, Sarah)
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Filing 34
First MOTION to Dismiss for Failure to State a Claim filed by City of Syracuse, Does 1-200, Vallon Smith. Motion returnable before Judge David N. Hurd Response to Motion due by 6/29/2021. Reply to Response to Motion due by 7/6/2021 (Attachments: #1 Declaration Attorney Declaration of Todd M. Long, Esq., #2 Exhibit(s) A - Notice of Claim of Plaintiff, #3 Memorandum of Law In Support of Motion to dismiss, with prejudice Plaintiffs Amended Complaint pursuant to Fed R. Civ. P. Rule 12; motion to dismiss pursuant to Fed R. Civ. P. Rule 8, motion for a more definitive statement or to strike pursuant to rules 12(e) and (f)) (Long, Todd)
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Filing 33
TEXT ORDER: A Joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/27/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 conference is reset for 8/4/2021 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/21/2021. (kmc)
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Filing 32
Letter Motion from Todd M. Long for Kenton T. Buckner, City of Syracuse, Does 1-200, Vallon Smith requesting that dates set by the Court in Dkt. No. 26 be extended to conform with the extension granted for Defendants to respond to Plaintiff's Amended Complaint submitted to Judge Andrew T. Baxter . (Long, Todd)
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Filing 31
TEXT ORDER: Granting #30 Letter Request for an extension of time. Kenton T. Buckner answer due 6/8/2021; City of Syracuse answer due 6/8/2021; and Vallon Smith answer due 6/8/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/11/2021. (kmc)
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Filing 30
Letter Motion from Attorneys for Kenton T. Buckner, City of Syracuse, Does 1-200, Vallon Smith requesting Extension of Time to File Responsive Pleading submitted to Judge Baxter . (Pires, Danielle)
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Filing 29
NOTICE of Appearance by Danielle Pires on behalf of All Defendants (Pires, Danielle)
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Filing 28
Summons Reissued as to City of Syracuse. (Attachments: #1 Summons reissued as to Police Officer Vallon Smith, #2 Summons reissued as to Chief of Police Kenton T. Buckner)(khr)
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Filing 27
REQUEST FOR ISSUANCE OF SUMMONS(ES): Mark Johnston, M.D. M.P.H. is requesting summons(es) be issued as to (Mendelman, Jeffrey)
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Filing 26
TEXT ORDER: The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/25/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) A telephonic Rule 16 Conference set for 6/1/2021 at 2:00 PM before U.S. Magistrate Judge Andrew T. Baxter.) The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/5/2021. (kmc)
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Filing 25
Summons Reissued as to City of Syracuse. (Attachments: #1 Summons reissued as to Police Officer Vallon Smith, #2 Summons reissued as to Chief of Police Kenton T. Buckner)(khr)
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***Answer due date set for Kenton T. Buckner answer due 5/18/2021; City of Syracuse answer due 5/18/2021; and Vallon Smith answer due 5/18/2021. (kmc)
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Filing 24
NOTICE of Appearance by Jeffrey Louis Mendelman on behalf of Mark Johnston, M.D. M.P.H. (Mendelman, Jeffrey)
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Filing 23
AMENDED COMPLAINT against Kenton T. Buckner, City of Syracuse, Does 1-200, Vallon Smith filed by Mark Johnston, M.D. M.P.H.. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Mendelman, Jeffrey)
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Filing 22
STIPULATION AND ORDER: The #20 Motion to Sever is withdrawn. Within 30 days, the Complaint jointly filed by Plaintiff Johnston and Plaintiff Moore shall be amended to include only those allegations and claims belonging to Plaintiff Johnston. Within 60 days, Plaintiff Moore shall re-file a new and separate civil action in the United States District Court for the Northern District of New York, bearing its own civil action number. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/5/2021. (nmk)
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Filing 21
Letter Motion from Mary L. D'Agostino for Leonard Brown, Kenton T. Buckner, Christopher Buske, City of Syracuse, Vallon Smith, Geno Turo requesting approval of the parties' executed stipulation re: severance submitted to Judge Andrew T. Baxter . (Attachments: #1 Exhibit(s) signed stipulation)(D'Agostino, Mary)
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Set/Reset Deadlines as to #20 First MOTION to Sever . Reply to Response to Motion due by 4/12/2021. (dpk)
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Filing 20
First MOTION to Sever filed by Leonard Brown, Kenton T. Buckner, Christopher Buske, City of Syracuse, Does 1-200, Vallon Smith, Geno Turo. Response to Motion due by 4/2/2021. Reply to Response to Motion due by 4/9/2021 (Attachments: #1 Declaration Sarah M. Knickerbocker, Esq., #2 Exhibit(s) A - Plaintiffs' Complaint, #3 Memorandum of Law) Motions referred to Andrew T. Baxter. (Long, Todd)
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Filing 19
TEXT ORDER: Any defense motion to sever with respect to #1 plaintiffs' Complaint shall be filed by 3/12/2021, with a response to be filed by 4/2/2021, and any reply filed by 4/12/2021. The time for defendants to answer or otherwise respond to the complaint remains STAYED. The Rule 16 Conference set for 3/8/2021 and 3/1/2021 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/19/2021. (nmk)
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TEXT Minute Entry for stenographically-recorded Telephone Conference held on 2/18/2021 before U.S. Magistrate Judge Andrew T. Baxter: After a lengthy discussion with counsel regarding the concern that the claims in plaintiffs' complaint improperly joins two unrelated incidents, Judge Baxter provides guidance with respect to how the claims might better be pled and pursued. Plaintiffs' counsel request an opportunity to further brief the issue. The court grants defendants leave to file a severance formal motion, and sets a briefing schedule. Judge Baxter will consult with Judge Hurd's chambers regarding how the motion will be addressed by the court and advise the parties. Appearances: Charles Bonner, Esq. and Jesse Ryder, Esq. for plaintiffs; John Powers, Esq., Mary D'Agostino, Esq., Sarah Knickerbocker, Esq. and Todd Long, Esq for defendants. (Court Reporter: Jodi Hibbard. Time: 11:30 AM - 12:14 PM.) (nmk)
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Filing 18
NOTICE of Appearance by Sarah Mae Knickerbocker on behalf of All Defendants (Knickerbocker, Sarah)
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Filing 17
TEXT ORDER: granting #16 Letter Request. A Telephone Conference is set for 2/18/2021 at 11:30 AM. The parties are directed to dial 1-877-873-8017 and enter Access Code 3362194 to connect to the conference. The time for defendants to answer or otherwise respond to the complaint is STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/10/2021. (nmk)
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Filing 16
Letter Motion from Todd M. Long for Leonard Brown, Kenton T. Buckner, Christopher Buske, City of Syracuse, Does 1-200, Vallon Smith, Geno Turo requesting court conference and a stay of the deadline to respond to pleadings submitted to Judge Andrew T. Baxter . (Attachments: #1 Exhibit(s) A - 01/29/2021 Letter from Defendants to Plaintiffs regarding misjoinder, #2 Exhibit(s) B - 02/03/2021 Letter from Plaintiffs to Defendants requesting legal authority for position, #3 Exhibit(s) C - 02/04/2021 Letter from Defendants to Plaintiffs responding to request for legal authority)(Long, Todd)
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Filing 15
NOTICE of Appearance by Mary L. D'Agostino on behalf of Leonard Brown, Kenton T. Buckner, Christopher Buske, City of Syracuse, Vallon Smith, Geno Turo (D'Agostino, Mary)
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Filing 14
NOTICE of Appearance by John G. Powers on behalf of Leonard Brown, Kenton T. Buckner, Christopher Buske, City of Syracuse, Vallon Smith, Geno Turo (Powers, John)
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Filing 13
NOTICE of Appearance by A. Cabral Bonner on behalf of All Plaintiffs (Bonner, A. Cabral)
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Filing 12
NOTICE of Appearance by Charles A. Bonner on behalf of All Plaintiffs (Bonner, Charles)
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Filing 11
TEXT ORDER: granting #9 Motion for Limited Admission Pro Hac Vice. Attorney A. Cabral Bonner is hereby admitted to practice in this action on behalf of Mark Johnston, M.D. M.P.H., and Shaolin Moore. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/26/2021. (nmk)
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Filing 10
TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Charles A. Bonner. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. COUNSEL MUST THEREAFTER FILE A NOTICE OF APPEARANCE OR HE/SHE WILL NOT RECEIVE NOTICES OF ELECTRONIC FILINGS IN THE CASE. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/22/2021. (sal )
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Filing 9
MOTION for Limited Admission Pro Hac Vice of A. CABRAL BONNER Filing fee $100, receipt number ANYNDC-5390634. filed by Mark Johnston, M.D. M.P.H., Shaolin Moore. Motions referred to Andrew T. Baxter. (Ryder, Jesse)
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Filing 8
MOTION for Limited Admission Pro Hac Vice of CHARLES A. BONNER Filing fee $100, receipt number ANYNDC-5390633. filed by Mark Johnston, M.D. M.P.H., Shaolin Moore. Motions referred to Andrew T. Baxter. (Ryder, Jesse)
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Filing 7
Letter from Jeffrey Mendelman re #5 Notice of Admission Requirement. (dpk)
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Filing 6
G.O. 25 FILING ORDER ISSUED: All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. Initial Conference set for 3/8/2021 10:00 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 3/1/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
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Filing 5
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Jeffrey L. Mendelman, Case Law Ltd., 580 California Street, Floor 12, San Francisco, CA 94104, Email address is admin@caselawltd.com. Phone number is 833-227-3583. Admissions due by 12/21/2020. (khr)
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Filing 4
NOTICE of Admission Requirement as to Party Plaintiff; Attorney A. Cabral Bonner, Law Offices of Bonner & Bonner, 475 Gate Five Road, Suite 211, Sausalito, CA 94965, Email address is cabral@bonnerlaw.com. Phone number is 415-331-3070. Admissions due by 12/21/2020. (khr)
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Filing 3
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Charles A. Bonner, Law Offices of Bonner & Bonner, 475 Gate Five Road, Suite 211, Sausalito, CA 94965, Email address is charles@bonnerlaw.com. Phone number is 415-331-3070. Admissions due by 12/21/2020. (khr)
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Filing 2
Summons Issued as to City of Syracuse. (Attachments: #1 Summons issued to Police Officer Vallon Smith, #2 Summons issued to Police Officer Christopher Buske, #3 Summons issued to Police Officer Leonard Brown, #4 Summons issued to Lieutenant Geno Turo, #5 Summons issued to Chief of Police Kenton T. Buckner)(khr)
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TEXT NOTICE: Although the plaintiff has named Does 1-200 in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against those 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 summonses will be issued at that time. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against Leonard Brown, Kenton T. Buckner, Christopher Buske, City of Syracuse, Does 1-200, Vallon Smith, Geno Turo (Filing fee $402 receipt number ANYNDC-5339628) filed by Shaolin Moore, Mark Johnston, M.D. M.P.H.. (Attachments: #1 Civil Cover Sheet)(khr)
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