Palmer v. Town of Manlius, New York et al
| Angela Palmer |
| Town of Manlius, New York, Investigator Daniel Filip, Chief of Police Michael Crowell, Sergeant John Paul, John Doe(s), Captain Kevin Schafer, Town Supervisor Edmond Theobald, Jane Doe(s), Officer Shawn Gwilt, Town Attorney John Brunetti, Investigator James Gallup and Captain Jeffrey Slater |
| 5:2021cv00574 |
| May 19, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Miroslav Lovric |
| Brenda K Sannes |
| Gary L Sharpe |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 TEXT ORDER: Resetting deadlines as follows: Discovery cutoff is 7/31/2023 (plaintiff's expert disclosures due by 5/2/2023; defendants' expert disclosures due by 6/16/2023; and any rebuttal disclosures are due by 7/3/2023). Dispositive motions are to be filed by 9/29/2023. SO ORDERED by US Magistrate Judge Andrew T. Baxter on January 24, 2023. (rep) |
| Filing 42 STATUS REPORT re: discovery schedule by Angela Palmer. (Bosman, AJ) |
| Filing 41 TEXT ORDER: Granting the #39 Letter Request. The parties may have until January 23, 2023 to file their status report. SO ORDERED by US Magistrate Judge Andrew T. Baxter on January 20, 2023. (rep) |
| Filing 40 LETTER BRIEF by Town of Manlius, New York. (Williams, Steven) |
| Filing 39 Letter Request/ Letter Motion from A.J. Bosman, Esq. for Angela Palmer requesting an extension of time to advise the Court of a revised proposed discovery schedule and other potential issues regarding discovery submitted to Judge Baxter . (Bosman, AJ) |
| Set Deadlines: Status Report due by 1/19/2023 pursuant to the telephonic Status Conference held on 12/5/2022 before U.S. Magistrate Judge Andrew T. Baxter. (gmd) |
| TEXT Minute Entry for a telephonic Status Conference held on 12/5/2022 before U.S. Magistrate Judge Andrew T. Baxter: The parties advised they are still discussing a possible settlement and need to confer further regarding resetting the deadlines for pretrial proceedings. The court determined that defense counsel had not gone through the Dunton process with the individual defendants and directed that he discuss possible conflicts related to joint representation with his clients and advise the court once he had done so. A Status Report is due by 1/19/2023, which should propose revised deadlines for pretrial proceedings and should advise the court if there are any discovery or other issues that the parties could not resolve after a good faith meet and confer that requires the courts attention. Appearances: AJ Bosman, Esq. for plaintiff; Steven Williams, Esq. for defendants. Time: 11:02 AM - 11:07 AM. (gmd) |
| TEXT NOTICE of Hearing: A telephonic conference is set for 12/5/2022 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial +1 315-691-0477, and enter ID code 638 674 768 to connect to the conference. (gmd) |
| Filing 38 STATUS REPORT per Text Order of September 22, 2022 [Dkt. No. 37] by Angela Palmer. (Strum, Robert) |
| Filing 37 TEXT ORDER re #36 Status Report: Discovery and dispositive motion deadlines remain STAYED. Counsel is directed to file a status a report by 11/14/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/22/2022. (kmc) |
| Filing 36 STATUS REPORT by Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York. (Williams, Steven) |
| Filing 35 TEXT ORDER re #34 Letter Motion: Discovery and dispositive motion deadlines are STAYED. Counsel is directed to file a status a report by 9/30/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/27/2022. (kmc) |
| Filing 34 Letter Motion from Defendants for Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York requesting Extension of Discovery Deadline submitted to Judge Baxter . (Coghlan, John) |
| Filing 33 TEXT SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 3/1/2022. Discovery cutoff is 7/30/2022 (plaintiff's expert disclosures due by 5/2/2022; defendants' expert disclosures due by 6/15/2022; and any rebuttal disclosures are due by 6/30/2022). Dispositive motions are to be filed by 9/30/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/26/2022. (kmc) |
| Filing 32 LETTER BRIEF attaching Amended Civil Case Management Plan by Angela Palmer. (Attachments: #1 Amended Civil Case Management Plan)(Strum, Robert) |
| Filing 31 TEXT ORDER: Counsel is directed to file a status report, with a proposed revised pretrial schedule by 1/25/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/18/2022. (kmc) |
| Filing 30 Letter Motion from John P. Coghlan, Esq. for Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York requesting one week extension to provide revised discovery schedule submitted to Judge Baxter . (Coghlan, John) |
| Filing 29 Letter Request/ Letter Motion from A.J. Bosman, Esq. for Angela Palmer requesting a one week extension to provide revised pretrial schedule submitted to Judge Baxter . (Bosman, AJ) |
| Filing 28 TEXT ORDER: Counsel is directed to file a status report by 1/14/2022, proposing a revised pretrial schedule. Expert disclosure deadlines are STAYED. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/10/2021. (kmc) |
| TEXT Minute Entry for a telephonic Status Conference held on 12/10/2021 before U.S. Magistrate Judge Andrew T. Baxter: The parties advise they are moving forward with discovery and that the parties have exchanged discovery demands. The court has stayed the expert disclosure deadlines. Counsel is directed to file a status report by 1/14/2022, proposing a revised pretrial schedule. Appearances: Robert Strum, Esq. for plaintiff; John Coglhlan, Esq. for defendants. Time: 2:30 PM - 2:37 PM. (kmc) |
| TEXT NOTICE of Hearing: The telephonic Status Conference set for 12/10/2021 is rescheduled in TIME ONLY and will now be held at 2:30 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) |
| Filing 27 CERTIFICATE OF SERVICE by Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York (Williams, Steven) |
| Filing 26 ANSWER to #25 Amended Complaint, by Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York.(Williams, Steven) Modified on 10/1/2021 (gmd, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY #26 Answer to Amended Complaint : Clerk corrected parties whom counsel filed an answer for. (gmd, ) |
| ***Answer due date updated for Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, Angela Palmer, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, and Town of Manlius, New York answers due 10/6/2021. (pjh, ) |
| Filing 25 AMENDED COMPLAINT (filed pursuant to stipulation of all counsel) against Michael Crowell, Jane Doe(s), John Doe(s), Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York filed by Angela Palmer.(Bosman, AJ) |
| Filing 24 TEXT ORDER: Removing Case from ADR Program. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/30/2021. (kmc) |
| Filing 23 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 11/8/2021. Discovery cutoff is 3/31/2022 (plaintiff's expert disclosures due by 12/31/2021; defendants' expert disclosures due by 2/14/2022; and any rebuttal disclosures are due by 3/1/2022). Dispositive motions are to be filed by 5/30/2022. Anticipated length of trial: 3-5 days. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/30/2021. (kmc) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is set for 12/10/2021 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. (kmc) |
| ***Answer due date updated for John Brunetti answer due 10/1/2021. (kmc) |
| TEXT Minute Entry for telephonic Rule 16 conference held on 8/30/2021 before U.S. Magistrate Judge Andrew T. Baxter: Judge Baxter discloses that he worked at the U.S. Attorney's Office in the late 1980s and early 1990s with defendant Brunetti, but he does not feel that would give rise to any conflict of interest or any appearance of a conflict. Counsel for defendant Brunetti advised plaintiff's counsel that she intends to move to dismiss the claims against her client. Plaintiff plans to seek to file an amended complaint as against defendant Brunetti by 9/15/2021, and will provide a draft to defense counsel to review prior to filing a motion to amend. If counsel for attorney Brunetti concludes that the proposed amended complaint is still insufficient, she will move to dismiss. Defendant Brunetti has not responded to the original complaint or served his mandatory disclosures. The court has extended the deadline for defendant Brunetti to respond to the original complaint and serve his mandatory disclosures until 10/1/2021, as reflected in the accompanying text notice. Mandatory disclosures have not been served by the other parties. Attorney Strum and attorney Coghlan are to serve the mandatory disclosures by 9/15/2021. The court discussed the Mandatory Mediation Program with counsel and opted the parties out of the program due to poor settlement prospects at this point, pending reconsideration at the next status conference. Pretrial deadlines were established and a scheduling order will be issued on behalf of Senior District Judge Sharpe. The court reminded counsel that, under the local rules, any discovery motion must be filed no later than 14 days after the discovery cutoff. A follow-up telephonic status conference is set for 12/10/2021 at 10:30 AM. Appearances: Robert Strum, Esq. for plaintiff; John Coghlan, Esq. and Laura Spring, Esq., for defendants. Time: 10:30 AM - 10:46 AM. (kmc) |
| Filing 22 NOTICE of Appearance by John P. Coghlan on behalf of Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York (Coghlan, John) |
| Filing 21 NOTICE by Michael Crowell, Jane Doe(s), John Doe(s), Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York re Notice of Hearing, (Williams, Steven) |
| Filing 20 NOTICE by John Brunetti (Spring, Laura) |
| Filing 19 TEXT ORDER: The telephonic Rule 16 conference is RESCHEDULED for 8/24/2021 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 8/16/2021. (kmc) |
| TEXT NOTICE of Hearing CHANGING THE DATE ONLY for the telephonic Rule 16 conference. The Rule 16 conference is now set for 8/30/2021 at 10:30 am. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc) |
| Filing 18 CIVIL CASE MANAGEMENT PLAN by Angela Palmer. (Bosman, AJ) |
| Filing 17 NOTICE of Appearance by Laura L. Spring on behalf of John Brunetti (Spring, Laura) |
| TEXT NOTICE of the telephonic Rule 16 Initial Conference set for 8/16/2021 at 10:30 AM: The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc) |
| Filing 16 ANSWER to #1 Complaint by Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, Town of Manlius, New York. (Attachments: #1 certificate of service)(Williams, Steven) |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Defendant Town of Manlius on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Edmond Theobald on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Michael Crowell on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Kevin Schafer on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Jeffrey Slater on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant John Paul on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Daniel Flip on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant James Gallup on 5/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Shawn Gwilt on 05/21/2021, filed by Angela Palmer. (Bosman, AJ) |
| ***Answer due date updated for Michael Crowell answer due 6/11/2021; Daniel Filip answer due 6/11/2021; James Gallup answer due 6/11/2021; Shawn Gwilt answer due 6/11/2021; John Paul answer due 6/11/2021; Kevin Schafer answer due 6/11/2021; Jeffrey Slater answer due 6/11/2021; Edmond Theobald answer due 6/11/2021; Town of Manlius, New York answer due 6/11/2021. (see) |
| Filing 6 SECOND G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 8/16/2021 10:30 AM 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 8/9/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
Filing 5
TEXT ORDER REASSIGNING CASE PURSUANT TO G.O. 12 to Senior Judge Gary L. Sharpe and US Magistrate Judge Andrew T. Baxter for all further proceedings. Authorized by Chief Judge Glenn T. Suddaby on 5/21/2021. (jmb)
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Filing 4
TEXT ORDER: denying direct assignment. The cases are not related, and the Clerk is directed to randomly reassign the case. So Ordered by Judge Brenda K. Sannes on 5/20/2021. (nmk)
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| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/18/2021 at 11:00 AM by telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/11/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summonses Issued as to John Brunetti, Michael Crowell, Daniel Filip, James Gallup, Shawn Gwilt, John Paul, Kevin Schafer, Jeffrey Slater, Edmond Theobald, and Town of Manlius, New York. (Attachments: #1 Summons for Chief of Police Michael Crowell, #2 Summons for Investigator James Gallup, #3 Summons for Investigator Daniel Filip, #4 Summons for Captain Jeffrey Slater, #5 Summons for Captain Kevin Schafer, #6 Summons for Shawn Gwilt, #7 Summons for Town Supervisor Edmond Theobald, #8 Summons for Town Attorney John Brunetti, #9 Summons for John Paul)(see) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants (Filing fee $402 receipt number ANYNDC-5529170) filed by Angela Palmer. (Attachments: #1 Civil Cover Sheet)(see) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:17-cv-00933. (see) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe(s) and Jane Doe(s) in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe/Jane Doe" defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identities. When plaintiff determines the identity of the "John Doe/Jane Doe" defendants, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (see) |
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