Gunsalus v. City of Syracuse, NY et al
| John Gunsalus |
| City of Syracuse, NY, Kenton Buckner, Joseph Cecile, Richard Shoff and Jane/John Doe(s) |
| 5:2021cv01188 |
| October 31, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Gary L Sharpe |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.
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Filing 26
SUMMARY ORDER - That Gunsalus's letter motion requesting leave to file a reply (Dkt. No. 25) is GRANTED. That Gunsalus's motion for reconsideration and for leave to amend (Dkt. No. 21) is DENIED. Signed by Senior Judge Gary L. Sharpe on 3/7/2023. (jel, )
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| Filing 25 Letter Request/ Letter Motion from A.J. Bosman, Esq. for John Gunsalus requesting the Court grant leave to file the attached reply to Defendants' opposition to Plaintiff's motion for reconsideration and to further amend his Complaint submitted to Judge Sharpe . (Attachments: #1 Pl.'s Reply Memorandum of Law)(Bosman, AJ) |
| Filing 24 MEMORANDUM OF LAW re #21 Motion for Reconsideration, filed by Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff. (Campbell, Stephanie) |
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Filing 23
ORDER granting #22 Letter Motion from Stephanie M. Campbell, Esq. for Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff requesting an Extension of Time to File Defendants' Papers in Opposition to Plaintiff's #21 MOTION for Reconsideration. Response to Motion due by 1/17/2023. Signed by Senior Judge Gary L. Sharpe on 12/7/2022. (jel, )
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| Filing 22 Letter Motion from Stephanie M. Campbell, Esq. for Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff requesting an Extension of Time to File Defendants' Papers in Opposition to Plaintiff's Motion for Reconsideration to January 17, 2023 submitted to Judge Sharpe . (Campbell, Stephanie) |
| Filing 21 MOTION for Reconsideration , etc. filed by John Gunsalus. Motion returnable before Judge Sharpe Response to Motion due by 12/20/2022 (Attachments: #1 Affirmation of A.J. Bosman, Esq. in Support of Motion, #2 Exhibit(s) 1 to Attorney Affirmation - Revised Proposed Amended Complaint, #3 Memorandum of Law in Support of Plaintiff's Motion) (Bosman, AJ) |
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Filing 20
MEMORANDUM-DECISION and ORDER - That Gunsalus' cross-motion for leave to amend (Dkt. No. 18), is GRANTED to the extent that it seeks to amend his claim pursuant to Section 504 of the Rehabilitation Act premised on a theory of failure to accommodate, and is DENIED in all other respects. That defendant's motion to dismiss, (Dkt. No. 13) is GRANTED IN PART and DENIED IN PART as follows: DENIED as to Gunsalus' claim pursuant to Section 504 of the Rehabilitation Act only insofar as it is premised on a theory of failure to accommodate; and GRANTED in all other respects. That Buckner, Cecile, and Shoff are DISMISSED from this action. That Gunsalus shall file the amended complaint in accordance with Local Rule 15.1(c) and this Memorandum-Decision and Order. Signed by Senior Judge Gary L. Sharpe on 11/15/2022. (jel, )
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| Filing 19 REPLY to Response to Motion re #18 Cross MOTION to Amend/Correct #1 Complaint filed by John Gunsalus., #13 MOTION to Dismiss for Failure to State a Claim filed by Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff. Motion returnable before Judge Sharpe filed by Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff. (Campbell, Stephanie) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #18 Motion to Amend/Correct - Removed cm/ecf generated date of 2/4/22 pursuant to court's previous text order that set the combined response/reply deadline for January 28, 2022. (jel, ) |
| Filing 18 Cross MOTION to Amend/Correct #1 Complaint filed by John Gunsalus. (Attachments: #1 Supporting Attorney Affirmation, #2 Exhibit A: Proposed Amended Complaint, #3 Memorandum of Law in support of Plaintiff's Cross-Motion and in opposition to Defendants' Motion to Dismiss) Motions referred to Andrew T. Baxter. (Bosman, AJ) Modified on 1/18/2022 (jel, ). |
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Filing 17
Text Only Order - Plaintiff's request for an extension of time until January 14, 2022 to file a response to the motion to dismiss (Dkt. No. 16) is GRANTED. Response papers are to be filed on or before January 14, 2022. Reply papers are to be filed on or before January 28, 2022. Motion will be on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/10/2022. (jel, )
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| Filing 16 Letter Request/ Letter Motion from Robert Strum, Esq. for John Gunsalus requesting the Court extend the deadline for Plaintiff to respond to Defendants' Motion to Dismiss submitted to Judge Sharpe . (Strum, Robert) |
| Filing 15 NOTICE of Appearance by Robert J. Strum on behalf of John Gunsalus (Strum, Robert) |
| Filing 14 TEXT ORDER: The Rule 16 conference set for 1/31/2022 and 1/24/2022 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 #13 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/21/2021. (kmc) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim filed by Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff. Motion returnable before Judge Sharpe Response to Motion due by 1/10/2022. Reply to Response to Motion due by 1/18/2022 (Attachments: #1 Declaration, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Memorandum of Law) Motions referred to Andrew T. Baxter. (Campbell, Stephanie) |
| Filing 12 NOTICE of Appearance by Nicholas P. Jacobson on behalf of Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff (Jacobson, Nicholas) |
| Filing 11 Letter Motion from A.J. Bosman, Esq. for John Gunsalus requesting an extention for Defendants until December 13, 2021 submitted to Judge Baxter . (Attachments: #1 Exhibit(s))(Bosman, AJ) |
| Filing 10 TEXT ORDER: Granting #9 Letter Request for an extension of time to respond to the complaint. Kenton Buckner answer due 12/20/2021; Joseph Cecile answer due 12/20/2021; City of Syracuse, NY answer due 12/20/2021; Richard Shoff answer due 12/20/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/22/2021. (kmc) |
| Filing 9 Letter Motion from Stephanie M. Campbell for Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff requesting Extension of Time to Respond to Plaintiff's Complaint submitted to Judge Baxter . (Attachments: #1 Exhibit(s) A - Email Exchange with Attorney Bosman)(Campbell, Stephanie) |
| Filing 8 NOTICE of Appearance by Stephanie M. Campbell on behalf of Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Richard Shoff (Campbell, Stephanie) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Defendant Shoff on 11/2/2021, filed by John Gunsalus. (Bosman, AJ) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Defendant Cecile on 11/2/2021, filed by John Gunsalus. (Bosman, AJ) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Defendant Buckner on 11/2/2021, filed by John Gunsalus. (Bosman, AJ) |
| Filing 4 AFFIDAVIT of Service for Summons and Complaint served on Defendant City of Syracuse on 11/2/2021, filed by John Gunsalus. (Bosman, AJ) |
| ***Answer due date updated for Kenton Buckner answer due 11/23/2021; Joseph Cecile answer due 11/23/2021; City of Syracuse, NY answer due 11/23/2021; Richard Shoff answer due 11/23/2021. (map) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/31/2022 at 10:00 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 1/24/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, ) |
| Filing 2 Summons Issued as to City of Syracuse, NY, #1 Kenton Buckner, #2 Joseph Cecile, and #3 Richard Shoff.(gmd, ) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (gmd, ) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Kenton Buckner, Joseph Cecile, City of Syracuse, NY, Jane/John Doe(s), Richard Shoff (Filing fee $402 receipt number ANYNDC-5698882) filed by John Gunsalus. (Attachments: #1 Civil Cover Sheet)(gmd, ) |
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