Stone v. The Town of Cicero et al
Plaintiff: Emily Stone
Defendant: The Town of Cicero, Cicero Police Department and Kyle Harrington
Case Number: 5:2021cv01363
Filed: December 21, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Glenn T Suddaby
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1446 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 7, 2022 Opinion or Order Filing 10 ORDER Pursuant to Dunton v. County of Suffolk: In accordance with this Order, if defendant wishes to retain separate counsel, new counsel shall submit a notice of appearance no later than 3/11/2022. If defendants wish to proceed with joint representation, defendants' counsel shall submit affidavits by defendants no later than 3/11/2022, instructions for which shall be separately emailed to defendants' counsel from the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/7/2022. (sg)
February 7, 2022 Opinion or Order Filing 9 ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 2/25/2022. Deadline for completion of Mandatory Mediation is 5/16/2022. Signed by Magistrate Judge Therese Wiley Dancks on 2/7/2022. (sg)
February 7, 2022 Opinion or Order Filing 8 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days, to be held at Syracuse, NY. Supplemental Rule 26 Mandatory Disclosures to be exchanged by 2/11/2022. Rule 33 and 34 Requests to be served by 3/1/2022. Joinder of Parties due by 5/2/2022. Amended Pleadings due by 5/2/2022. Plaintiffs Expert Disclosure Deadline is 9/15/2022. Defendants Expert Disclosure Deadline is 9/15/2022. Rebuttal Expert Disclosure Deadline is 11/15/2022. Discovery due by 12/15/2022. Discovery Motions due 12/29/2022. Dispositive Motions to be filed by 2/1/2023. Mandatory Mediation to be completed by 5/16/2022. Signed by Magistrate Judge Therese Wiley Dancks on 2/7/2022. (sg)
February 7, 2022 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 2/7/2022. Appearances: Paul Mullin, Esq. for Defendants; Plaintiff's counsel did not appear, however, a law clerk from plaintiff's counsel's office did appear on the call, which the Court allowed as a one time courtesy. Judge Dancks advised that for future conferences, plaintiff's counsel must appear. Court addresses issue of Cicero Police Department as a defendant. Parties are directed to confer re: whether Cicero Police Department will be dismissed by stipulation because it is not a separate legal entity from defendant The Town of Cicero. Any such stipulation shall comport with Local Rule 41.3. Stipulated protective order, if required, shall be submitted for Court approval by 3/22/2022. Plaintiff to serve medical authorizations on defendants by 3/1/2022. Court reviews Civil Case Management Plan. Rule 26 Disclosures completed. Court will issue a Dunton order. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order, mediation referral order, and Dunton order will be issued. (sg)
February 7, 2022 Opinion or Order TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 6/28/2022 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 2844.(sg)
February 2, 2022 Opinion or Order **PLEASE READ** IMPORTANT TEXT NOTICE FROM THE COURT re: the 2/7/2022 9:30am telephone initial conference: Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 2844. (sg)
January 28, 2022 Opinion or Order Filing 7 CIVIL CASE MANAGEMENT PLAN by Cicero Police Department, Kyle Harrington, The Town of Cicero. (Mullin, Paul)
January 5, 2022 Opinion or Order Filing 6 ANSWER to Complaint by Cicero Police Department, Kyle Harrington, The Town of Cicero.(Mullin, Paul)
January 5, 2022 Opinion or Order ***Answer due dates terminated for defendants Kyle Harrington, The Town of Cicero, and Cicero Police Department. (map)
December 29, 2021 Opinion or Order Filing 5 TEXT ORDER: Court has reviewed the docket and finds time for defendants to file answer, which was due 12/28/2021, has expired. Court sua sponte extends deadline for defendants to file answer to 1/5/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/29/2021. (sg )
December 22, 2021 Opinion or Order Filing 4 AFFIDAVIT of Service for Notice of Removal with Exhibits and G.O. #25 Filing Order served on David E. Zukher, Esq. on 12/22/2021, filed by Cicero Police Department, Kyle Harrington, The Town of Cicero. (Mullin, Paul)
December 22, 2021 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 2/7/2022 at 9:30 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 1/31/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
December 22, 2021 Opinion or Order ***Answer due date updated for Cicero Police Department ; Kyle Harrington and ; The Town of Cicero answers due 12/28/2021. Clerk notes that the wrong date was inadvertently set initially and that this is the correct answer date. (pjh, )
December 22, 2021 Opinion or Order ***Answer due date updated for Cicero Police Department; Kyle Harrington; The Town of Cicero answers due 1/4/2021. (pjh, )
December 21, 2021 Opinion or Order Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Onondaga County Supreme Court. (pjh, )
December 21, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 009580/2021 (Filing fee $402 receipt number ANYNDC-5750450) filed by The Town of Cicero, Kyle Harrington and Cicero Police Department. (Attachments: #1 Exhibit A - Index of Attached Exhibits, #2 Exhibit B - State Court Summons and Complaint, #3 Exhibit C - Verified Notice of Claim, #4 Exhibit D - Order of Protection, #5 Exhibit E - Affidavits of Service, #6 Civil Cover Sheet)(pjh, )

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Plaintiff: Emily Stone
Represented By: David E. Zukher
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Defendant: The Town of Cicero
Represented By: Paul V. Mullin
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Defendant: Cicero Police Department
Represented By: Paul V. Mullin
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Defendant: Kyle Harrington
Represented By: Paul V. Mullin
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