Peck v. County of Onondaga, New York et al
| Kamilla S. Peck |
| John Doe(s), County of Onondaga, New York, Paula Pellizzari, Dawn Curry-Clarry, Jonathan Seeber, Kelly Seeber, Esteban Gonzalez, Katherine Trask, Susan DeMari, Eugene Conway, Jason Cassalia, Paul Smith and Jane Doe(s) |
| 5:2021cv00651 |
| June 3, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.
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Filing 68
ORDER granting #67 Letter Request/ Letter Motion from A.J. Bosman, Esq. for Kamilla S. Peck requesting the Court extend the time within which Plaintiff may file Objections to an Order of Magistrate Judge Dancks submitted to Judge Hurd : Objections to 53 TEXT ORDER and #66 DECISION and ORDER are due by 12/19/2022. Signed by Judge David N. Hurd on December 7, 2022. (ztc)
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Filing 67
Letter Request/ Letter Motion from A.J. Bosman, Esq. for Kamilla S. Peck requesting the Court extend the time within which Plaintiff may file Objections to an Order of Magistrate Judge Dancks submitted to Judge Hurd . (Bosman, AJ)
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Filing 66
DECISION AND ORDER: for the reasons set forth herein, it is ORDERED, that plaintiff's motion for reconsideration (Dkt. No. #56 ) is DENIED; and plaintiff's letter request (Dkt. No. #63 ) is DENIED; and all remaining pretrial deadlines remain as previously set Dkt. No. 53 ). Signed by Magistrate Judge Therese Wiley Dancks on 12/5/2022. (sg)
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Filing 65
STATUS REPORT in response to Dkt. No. 63, regarding discovery issue in Plaintiff's Third Set of Requests for Production, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Sturgess, Kyle)
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Filing 64
TEXT ORDER : Court reviewed status report/letter request (Dkt. No. #63 ) regarding depositions and document discovery. The deposition of defendant Pellizzari and the continuation of the deposition of plaintiff are ordered to be completed on 11/3/2022. Defendants are to file a response to the document discovery issue noted in Dkt. No. 63 by 10/28/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/26/2022. (sg )
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Filing 63
STATUS REPORT advising of new date of Def. Pellizzari's deposition and Plaintiff's continued deposition as well as requesting enforcement of Plaintiff's Third Set of Discovery Demands by Kamilla S. Peck. (Bosman, AJ) Modified on 10/26/2022 (sg, ). Modified on 12/5/2022 (sg, ).
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Filing 62
TEXT ORDER: Court reviewed plaintiff's request (Dkt. No. #61 ) to adjourn depositions ordered to be conducted on 10/12/2022 per Dkt. No. 59 . Letter request granted for the reasons stated. Counsel to confer and reschedule the continuation of plaintiff's deposition and defendant Pellizzari's deposition and plaintiff to file status report setting forth the rescheduled date(s) for those depositions by 10/17/2022. All other deadlines remain as previously set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/11/2022. (sg)
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Filing 61
Letter Request/ Letter Motion from A.J. Bosman, Esq. for Kamilla S. Peck requesting that the depositions scheduled for 10.12.2022 be adjourned due to Plaintiff's hospitalization submitted to Judge Dancks . (Bosman, AJ)
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Filing 60
AFFIDAVIT in Opposition re #56 MOTION for Reconsideration re 53 Order on Letter Request,,,,,, filed by Kamilla S. Peck. Motion returnable before Judge Dancks filed by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Attachments: #1 Declaration Declaration in Opposition to Motion to Reconsider, #2 Memorandum of Law MOL in opposition to motion for reconsideration)(Sturgess, Kyle)
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Filing 59
TEXT ORDER: Court reviewed letter request (Dkt. No. #57 ) regarding the deposition date for defendant Pellizzari and the continuation of the deposition of the Plaintiff, and it is hereby ordered that those depositions be conducted on 10/12/2022. As for the grant application materials related to plaintiff's demand Nos. 60, 62, and/or 63, defendant County is to produce the responsive information to plaintiff by 10/7/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/16/2022. (sg)
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Filing 58
STATUS REPORT pursuant to Dkt. No. 53 regarding scheduling and discovery status, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Sturgess, Kyle)
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Filing 57
Letter Request/ Letter Motion from Robert Strum, Esq. for Kamilla S. Peck requesting an extension of time to October 12, 2022, to complete the examinations of Defendant Pellizzari and Plaintiff submitted to Judge Dancks . (Strum, Robert)
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Filing 56
MOTION for Reconsideration re 53 Order on Letter Request,,,,,, filed by Kamilla S. Peck. Motion returnable before Judge Dancks Response to Motion due by 10/3/2022 (Attachments: #1 Affirmation of Robert Strum, Esq. in support of motion, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Memorandum of Law in Support of Plaintiff's Motion for Reconsideration) (Strum, Robert)
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Filing 55
TEXT ORDER : Court reviewed letter request (Dkt. No. #54 ) for clarification regarding the status conference call scheduled for 9/8/2022 which the Court adjourns without new date at this time. It will be rescheduled if necessary after the Court reviews the status report due 9/16/2022 per Dkt. No. 53 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/6/2022. (sg)
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Filing 54
Letter Request/ Letter Motion from Robert Strum, Esq. for Kamilla S. Peck requesting clarification as to status of 9/8/22 conference submitted to Judge Dancks . (Strum, Robert)
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Filing 53
TEXT ORDER: The court made the following directives during the 8/29/2022 Telephone Status Conference: After hearing from counsel re: Dkt. Nos. 45, 47, and 49, Court holds Defendants' responses to Plaintiff's third set of discovery demands in abeyance without prejudice, denies Plaintiff's document demand 64, and denies Plaintiff's document demand 39 as to Bradley, Woods, Ferguson, and Jarvis. Plaintiff is directed to submit a settlement demand to defendant by 9/12/2022. Defendants to file status report by 9/16/2022 re: the following: whether Defendants have obtained the reports from the DOJ and if so whether copies have been provided to Plaintiff; date Pellizzari's deposition has been rescheduled, which is Ordered to be completed by 9/30/2022, and whether the necessary documents have been received; and whether the parties have engaged in settlement discussions and the case is ready to be referred into Mandatory Mediation. Court grants request for an additional 4 hour deposition of the Plaintiff for the reasons stated by Defendants' counsel during the conference, which is Ordered to be completed by 9/30/2022. The date of plaintiff's deposition shall be included in the 9/16/2022 status report. Court will make further directives once the status report has been filed. Deadlines extended as follows: Fact Discovery: 9/30/2022; Defendants' expert disclosure due 10/17/2022; rebuttal expert disclosure due 11/1/2022; discovery due 12/1/2022; discovery motions due 12/15/202; dispositive motions to be filed by 2/6/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/29/2022. (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 8/29/2022. Appearances: Robert Strum, Esq. for Plaintiff; Kyle Sturgess, Esq. for Defendants. Court discusses Dkt. Nos. 45, 47, and 49. Court makes directives and sets deadlines, a separate text order will follow. (sg)
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Filing 52
TEXT ORDER: Court reviewed letter request (Dkt. No. #51 ) to conduct defendant Pellizzari's deposition at a later date which is granted for the good cause reasons stated. Defendant Pellizzari's deposition must be completed by 9/12/2022. The parties shall advise the Court of the confirmed rescheduled date for said deposition at the discovery conference scheduled for 8/29/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/16/2022. (sg)
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Filing 51
Joint consent Letter Motion from Kyle Sturgess for Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting rescheduling of deposition pursuant to Dkt. No. 42 submitted to Judge Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 50
TEXT ORDER: A Telephone Discovery Conference has been set for 8/29/2022 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7844. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/10/2022. (sg)
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Filing 49
STATUS REPORT pursuant to Dkt. Nos. 46 and 48, and supplemental request for conference, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Sturgess, Kyle)
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Filing 48
TEXT ORDER: Court reviewed status report (Dkt. No. #47 ) regarding continuing discovery issues. Defendants to file response, by 8/5/2022 as part of the status report due that day (see Dkt. No. 46 ), to the issues addressed by plaintiff in Dkt. No. 47 regarding the emails identified, and plaintiff's Request Nos. 39 and 64. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/25/2022. (sg)
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Filing 47
STATUS REPORT/Letter Motion submitted in accordance with the Court's Text Orders of June 13 and July 1, 2022. Dkt. Nos. 40 and 42 by Kamilla S. Peck. (Attachments: #1 Pl.'s Third Set of Document Demands)(Bosman, AJ) Modified on 7/25/2022 (sg, ).
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Filing 46
TEXT ORDER: Court reviewed letter motion (Dkt. No. #45 ) to hold expert remaining deadlines in abeyance which is granted for the reasons stated. Defendants' expert disclosure deadline and plaintiff's expert rebuttal disclosure deadline held in abeyance and will be reset by the Court in due course. Plaintiff is directed to serve revised healthcare provider disclosures by 7/29/2022. Defendants shall file a status report by 8/5/2022 regarding the revised disclosures. Plaintiff's status report as directed in Dkt. No. 44 remains due 7/22/2022. All other deadlines remain as previously set at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/20/2022. (sg)
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Filing 45
On-consent Letter Motion from Kyle Sturgess for Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting remaining expert discovery deadlines be stayed/held in abeyance submitted to Judge Hon. Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 44
TEXT ORDER: Court reviewed letter request (Dkt. No. #43 ) for extension which is granted for the reasons stated. Defendant to produce records of the 19 employees identified by the third-party benefit administrator by 7/18/2022. Plaintiff to file a status report by 7/22/2022 regarding any further discovery issues. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/6/2022. (sg)
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Filing 43
Letter Motion from Kyle Sturgess for Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting extension of time to produce non-party employee 207-c files submitted to Judge Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 42
TEXT ORDER: Court reviewed status report (Dkt. No. #41 ) and hereby ORDERS the depositions to be completed according to the schedule set forth in Dkt. No. 41. The parties must obtain permission from the Court to deviate from that schedule and provide good cause for any such request. As for production as directed in Dkt. No. 40, Part II(2), defendants to produce the OCSO's DCJS Form 3300 for the relevant time period by 7/11/2022, and any other documents located that are responsive to plaintiff's document demand Nos. 60, 62, and 63. As for production as directed in Dkt. No. 40, Part II(4), defendants shall produce the records of the 19 individuals as requested, including those of Jane DeMarco, by 7/11/2022. All documents to be produced as directed herein are to be produced pursuant to the Protective Order (Dkt. No. #35 ) for "Attorneys Eyes Only." Plaintiff to file a status report by 7/15/2022 regarding any further discovery issues. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/1/2022. (sg)
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Filing 41
STATUS REPORT pursuant to June 9 discovery conference and Order, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Sturgess, Kyle)
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Filing 40
ORDER re: Discovery Issues: for the reasons set forth in this Order, documents and information are to be produced by Defendants in accordance with this Order by 6/30/2022; and Defendants are directed to file a status report by 6/30/2022 addressing issues set forth herein and as directed herein. Signed by Magistrate Judge Therese Wiley Dancks on 6/13/2022. (sg )
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 6/9/2022 to discuss issues raised at Dkt. No. 36, as well as letter briefs filed at Dkt. Nos. 38, and 39. After discussion with counsel, Court makes directives and sets deadlines, a separate text order will follow. APPEARANCES: AJ Bosman, Esq. and Robert Strum, Esq. for Plaintiff; Kyle Sturgess, Esq. fr Defendants. (sg)
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Filing 39
LETTER BRIEF addressing discovery issues by Kamilla S. Peck. (Attachments: #1 Exhibit A: Pl.'s good faith letter to Defense counsel dd 3/29/2022)(Bosman, AJ)
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Filing 38
LETTER BRIEF setting forth Defendants' position in advance of discovery conference, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Attachments: #1 Exhibit(s) Exhibit A - First Request for Production, #2 Exhibit(s) Exhibit B - Second Request for Production)(Sturgess, Kyle)
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Filing 37
ORDER granting #36 Letter Request for a discovery conference: Telephone Discovery Conference set for 6/9/2022 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7844. The parties are directed to submit a letter brief, no longer than 3pp, single spaced, 12pt font, no later than 5pm on 6/2/2022 setting forth their respective positions regarding their discovery disputes in preparation for the conference.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/24/2022. (sg)
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Filing 36
Letter Motion from Kyle Sturgess for Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting court conference on joint consent, regarding discovery dispute, submitted to Judge Hon. Therese Wiley Dancks . (Sturgess, Kyle)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 2/2/2022. Appearances: AJ Bosman, Esq. and Robert Strum, Esq. for Plaintiff; Kyle Sturgess, Esq. for Defendants. Counsel report on status of discovery and no issues reported. Court advises parties to notify the Court of any issues and be mindful of the deadlines, which remain as previously established. (sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 9/8/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7844.(sg)
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Filing 35
Stipulation and Protective Order Concerning Discovery. Signed by Magistrate Judge Therese Wiley Dancks on 12/10/2021. (sg)
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Filing 34
Letter Motion from Kyle Sturgess for Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting Court approval of jointly-submitted proposed confidentiality stipulation governing discovery submitted to Judge Hon. Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 33
TEXT ORDER: Court has reviewed defendants' letter motion (Dkt. No. #32 ) regarding mediation. Letter motion granted as follows: all mediation deadlines are adjourned without new dates at this time. Case is not opted out of mediation, but the deadlines are deferred and will be reset after the parties substantially complete further discovery. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/29/2021. (sg )
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Filing 32
Letter Motion from Kyle Sturgess for Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting opt-out from mandatory mediation program and referral submitted to Judge Hon. Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 31
ORDER denying #25 Motion for Reconsideration re #20 Order on Motion to Dismiss for Failure to State a Claim. Signed by Judge David N. Hurd on September 27, 2021. (ztc, )
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Filing 30
RESPONSE to Motion re #25 MOTION for Reconsideration re #20 Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Amend/Correct,,,,, filed by Kamilla S. Peck. Motion returnable before Judge Hurd filed by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Sturgess, Kyle)
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Filing 29
ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 12/6/2021. Deadline for completion of Mandatory Mediation is 2/18/2022. Signed by Magistrate Judge Therese Wiley Dancks on 9/22/2021. (sg)
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Filing 28
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of Jury trial: 10 days to be held at Utica NY. Plaintiff Rule 26 Mandatory Disclosures due 9/24/2021. Rule 33 and 34 Requests to be served by 11/19/2021 with no extension of the deadline. Joinder of Parties due by 1/21/2022. Amended Pleadings due by 1/21/2022. Plaintiffs Expert Disclosure Deadline is 6/10/2022. Defendants Expert Disclosure Deadline is 7/29/2022. Rebuttal Expert Disclosure Deadline is 8/15/2022. Discovery due by 9/16/2022. Discovery Motions due 9/30/2022. Dispositive Motions to be filed by 10/28/2022. Mandatory Mediation deadline: 2/18/2022. Signed by Magistrate Judge Therese Wiley Dancks on 9/22/2021. (sg)
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TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 2/2/2022 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7844. (sg)
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TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 9/22/2021. Appearances: Robert Strum, Esq. for Plaintiff; Kyle Sturgess, Esq. for Defendants. Court reviews Civil Case Management Plan. Plaintiff to serve Rule 26 Mandatory Disclosures by 9/24/2021. The deadline set for serving Rule 33 and 34 Requests will not be extended. Court reminds counsel about importance of deadlines set by the Court and instructs how to request extension of deadlines. Case referred into Mandatory Mediation. Stipulated protective order, if necessary, shall be submitted for Court approval by 12/10/2021. Pretrial deadlines are established, a scheduling order and ADR referral order will be issued. (sg)
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Filing 27
CIVIL CASE MANAGEMENT PLAN and report of Rule 26 conference, filed on joint consent, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Sturgess, Kyle)
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Filing 26
ANSWER to #24 Amended Complaint, by Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Attachments: #1 Declaration of Service)(Sturgess, Kyle)
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Filing 25
MOTION for Reconsideration re #20 Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Amend/Correct,,,,, filed by Kamilla S. Peck. Motion returnable before Judge Hurd Response to Motion due by 9/24/2021 (Attachments: #1 Attorney Affirmation, #2 Memorandum of Law) (Bosman, AJ)
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***Answer due date updated for Eugene Conway answer due 9/10/2021; County of Onondaga, New York answer due 9/10/2021; Dawn Curry-Clarry answer due 9/10/2021; Susan DeMari answer due 9/10/2021; Esteban Gonzalez answer due 9/10/2021; Paula Pellizzari answer due 9/10/2021; Jonathan Seeber answer due 9/10/2021; Kelly Seeber answer due 9/10/2021; Paul Smith answer due 9/10/2021; Katherine Trask answer due 9/10/2021. (ztc, )
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Filing 24
AMENDED COMPLAINT against Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Jane Doe(s), John Doe(s), Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask filed by Kamilla S. Peck.(Bosman, AJ)
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Filing 23
TEXT ORDER directing plaintiff to file a clean and electronically signed version of the proposed amended complaint that conforms to the Court's #20 Memorandum-Decision and Order within five days of the date of this Order. Defendants shall have 14 days from the date of filing to answer. So Ordered Judge David N. Hurd on 8/25/2021. (see)
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TEXT NOTICE of Hearing- Rescheduling of Rule 16 Conference: the Telephone Initial Conference has been RESCHEDULED for 9/22/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 9/15/2021 and Mandatory Disclosures are to be exchanged by the parties on or before 9/15/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 2845.(sg)
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Filing 22
AMENDED COMPLAINT as the operative pleading against Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Jane Doe(s), John Doe(s), Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask filed by Kamilla S. Peck.(see)
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Filing 21
TEXT ORDER: that the Clerk of the Court is directed to docket the proposed amended complaint as the operative pleading in this action and defendants are directed to answer the remaining claims no later than September 3, 2021. Pursuant to the verbal order of Judge David N. Hurd on 8/20/2021. (see)
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Filing 20
MEMORANDUM-DECISION & ORDER granting in part and denying in part #9 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #16 Motion to Amend/Correct; Plaintiff Kamilla Pecks claims under Counts: (IV) race discrimination under 1981; (VI) conspiracy to discriminate under 1983; (X)retaliation under 1981; (XIII) intentional infliction of emotional distress; (XIV) tortious interference with a contract; and (XV) primafacie tort, are DISMISSED; Defendant Jason Cassalia is DISMISSED; Plaintiff Kamilla Pecks claims for discrimination based on religion and gender are DISMISSED; Plaintiff Kamilla Pecks claims under Counts: (I) Title VII race discrimination against the County; (II) NYSHRL race discrimination against the County; (III) NYSHRL race discrimination against defendants Conway, Trask, Jonathan, Kelly, DeMari, Curry-Clarry,Smith, Pellizzari, Gonzalez, and the Does; (V) Section 1983 race discrimination; (VII) Title VII retaliation against the County;(VIII)NYSHRL retaliation against the County; (IX) NYSHRL retaliation against Conway, Trask, Jonathan, Kelly, DeMari, Curry-Clarry, Smith, Pellizzari, Gonzalez, and the Does; (XI) First Amendment 1983 retaliation; and (XII) Equal Protection 1983 retaliation, remain; and Defendants are directed to answer the amended complaint in accordance with this Memorandum-Decision and Order. Signed by Judge David N. Hurd on 8/19/2021. (see)
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***Answer due date updated for Eugene Conway answer due 9/3/2021; County of Onondaga, New York answer due 9/3/2021; Dawn Curry-Clarry answer due 9/3/2021; Susan DeMari answer due 9/3/2021; Esteban Gonzalez answer due 9/3/2021; Paula Pellizzari answer due 9/3/2021; Jonathan Seeber answer due 9/3/2021; Kelly Seeber answer due 9/3/2021; Paul Smith answer due 9/3/2021; Katherine Trask answer due 9/3/2021. (see)
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Filing 19
REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim and to extend time to answer remaining claims, filed by Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan S, #16 Cross MOTION to Amend/Correct #2 State Court Complaint with Plaintiff's opposition to Defendants' motion to dismiss filed by Kamilla S. Peck. filed by Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (Attachments: #1 Memorandum of Law Memo of Law in response and opposition to Plaintiff's cross-motion for leave to amend and in further support of Defendants' motion to dismiss)(Sturgess, Kyle)
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Filing 18
TEXT ORDER granting defendants' #17 Letter Requesting an extension to time to Reply to the #9 MOTION to Dismiss for Failure to State a Claim and Response to #16 Cross-Motion until 7/21/2021. So Ordered by Judge David N. Hurd on 7/13/2021. (see)
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Filing 17
Letter Motion from Kyle Sturgess for Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting seven-day extension (to July 21, 2021) of Defendants' deadline to reply/respond to cross-motion to amend submitted to Judge Hon. David N. Hurd . (Sturgess, Kyle)
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Filing 16
Cross MOTION to Amend/Correct #2 State Court Complaint with Plaintiff's opposition to Defendants' motion to dismiss filed by Kamilla S. Peck. Response to Motion due by 7/28/2021 (Attachments: #1 Affirmation, #2 Exhibit(s) A: Proposed Amended Complaint, #3 Memorandum of Law in support of Plaintiff's cross-motion to amend and in opposition to Defendants' motion to dismiss) Motions referred to Therese Wiley Dancks. (Strum, Robert)
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Filing 15
ORDER granting #14 Letter Request. Response to Motion is now due by 7/7/2021 and the Reply to Response to Motion is now due by 7/14/2021 #9 MOTION to Dismiss for Failure to State a Claim and to extend time to answer remaining claims, filed by Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. Signed by Judge David N. Hurd on 07/1/2021. (hmr)
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Filing 14
Letter Request/ Letter Motion from Robert Strum, Esq. for Kamilla S. Peck requesting extention of response and reply deadlines to 07/07/2021 and 07/14/2021, respectively, in relationship to Defendant's motion to dismiss submitted to Judge Hurd . (Strum, Robert)
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Filing 13
NOTICE of Appearance by Robert James Strum on behalf of Kamilla S. Peck (Strum, Robert)
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Filing 12
TEXT ORDER: Court reviewed defendants' letter motion (Dkt. No. #10 ) for an extension of time to respond to the complaint regarding causes of action that are not addressed in the pending motion to dismiss. Letter motion granted. The answer deadline, and the 7/15/2021 Rule 16 conference and related deadlines, are adjourned and will be reset after a decision is rendered on the motion to dismiss. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/11/2021. (sg)
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Filing 11
AFFIDAVIT of Service for Summons and Complaint served on Defendant Eugene Conway on 6/1/2021, filed by Kamilla S. Peck. (Bosman, AJ)
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Filing 10
Letter Motion from Kyle Sturgess for Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask requesting stay of answer date pending resolution of motion to dismiss submitted to Judge Hon. Therese Wiley Dancks . (Sturgess, Kyle)
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Filing 9
MOTION to Dismiss for Failure to State a Claim and to extend time to answer remaining claims, filed by Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Jonathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 6/30/2021. Reply to Response to Motion due by 7/7/2021 (Attachments: #1 Attorney Declaration with Exhibit A (Complaint) in support of Defendants' motion to dismiss, #2 Memo of Law in support of Defendants' motion to dismiss) (Sturgess, Kyle)
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Filing 8
AFFIDAVIT of Service for Summons and Complaint served on Defendant Susan DeMari on 5/20/2021, filed by Kamilla S. Peck. (Bosman, AJ)
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Filing 7
AFFIDAVIT of Service for Summons and Complaint served on Defendant Paula Pellizzari on 5/20/2021, filed by Kamilla S. Peck. (Bosman, AJ)
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on Defendant Paul Smith on 5/21/2021, filed by Kamilla S. Peck. (Bosman, AJ)
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Filing 5
AFFIDAVIT of Service for Summons and Complaint served on Defendant County of Onondaga on 5/21/2021, filed by Kamilla S. Peck. (Bosman, AJ)
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Filing 4
AFFIDAVIT of Service for Summons and Complaint with Affidavit of Mailing served on Defendant Dawn Curry-Clarry on 5/21/2021, filed by Kamilla S. Peck. (Bosman, AJ)
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TEXT NOTICE: Although the plaintiff herein has named John Doe in the Complaint, the Clerks 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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***Answer due date updated for Jason Cassalia answer due 6/10/2021; Eugene Conway answer due 6/10/2021; County of Onondaga, New York answer due 6/10/2021; Dawn Curry-Clarry answer due 6/10/2021; Susan DeMari answer due 6/10/2021; Esteban Gonzalez answer due 6/10/2021; Paula Pellizzari answer due 6/10/2021; Johnathan Seeber answer due 6/10/2021; Kelly Seeber answer due 6/10/2021; Paul Smith answer due 6/10/2021; Katherine Trask answer due 6/10/2021. (khr)
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Filing 3
G.O. 25 FILING ORDER ISSUED: All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Initial Conference set for 7/15/2021 10:15 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 7/8/2021. (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 2
STATE COURT COMPLAINT filed by Jason Cassalia, Eugene Conway, County of Onondaga, New York, Dawn Curry-Clarry, Susan DeMari, Esteban Gonzalez, Paula Pellizzari, Johnathan Seeber, Kelly Seeber, Paul Smith, Katherine Trask. (khr)
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Filing 1
NOTICE OF REMOVAL from NYS Supreme Court - County of Onondaga, case number 004650/2021 (Filing fee $402 receipt number ANYNDC-5544143) filed by Johnathan Seeber, County of Onondaga, New York, Jason Cassalia, Katherine Trask, Kelly Seeber, Paula Pellizzari, Susan DeMari, Esteban Gonzalez, Paul Smith, Dawn Curry-Clarry, Eugene Conway. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(khr)
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