Wallace et al v. Mathis et al
Plaintiff: James Wallace and Barbara Wallace
Defendant: Alexander Mathis and Town of Salina
Case Number: 5:2022cv00635
Filed: June 14, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Brenda K Sannes
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2022 Filing 17 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Town of Salina. Motion returnable before Judge Brenda K. Sannes filed by Town of Salina. (Attachments: #1 Memorandum of Law, #2 Certificate of Service)(Mullin, Paul)
July 12, 2022 Filing 16 PRO SE HANDBOOK and NOTICE issued on 7/12/2022 to Alexander Mathis. (khr)(pro se notice, pro se handbook and local rules mailed to pro se defendant on 7/12/2022)
July 12, 2022 Opinion or Order Filing 14 TEXT ORDER: Plaintiffs are directed to comply with Text Order 9 by 7/22/2022 by filing a status report advising as to the progress and status of completing service upon Defendant Alexander Mathis. The status reports by Plaintiffs were due on 7/8/2022. See Dkt. No. 9. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/12/2022. (copy served on Plaintiffs via regular mail) (jdp )
July 11, 2022 Filing 15 RESPONSE to the #7 MOTION to Dismiss for Failure to State a Claim filed by Town of Salina. Motion returnable before Judge Brenda K. Sannes filed by Alexander Mathis, Pro Se. (khr)
July 11, 2022 Filing 13 PRO SE HANDBOOK and NOTICE issued to James Wallace on 7/11/2022. (khr)(Copy of notice, pro se handbook and local rules mailed on 7/11/2022)
July 11, 2022 Filing 12 PRO SE HANDBOOK and NOTICE issued to Barbara Wallace on 7/11/2022. (khr)(Mailed copy of notice, pro se handbook and local rules on 7/11/2022)
July 11, 2022 Filing 11 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Town of Salina. Motion returnable before Judge Brenda K. Sannes filed by Barbara Wallace, James Wallace. (khr)
July 11, 2022 Filing 10 Letter from Attorney Aaron Zimmerman advising the Court that he will not be representing the plaintiffs in this matter. (khr)
June 27, 2022 Opinion or Order Filing 9 TEXT ORDER: In light of the filing of Motion to Dismiss #7 , the Rule 16 Initial Conference scheduled for 8/17/2022 at 2:30 p.m. before Magistrate Judge Miroslav Lovric and the deadlines to file the Civil Case Management Plan and exchange Mandatory Disclosures are all STAYED without date. No later than 7/8/2022, Plaintiffs are directed to file a status report advising as to the progress and status of completing service upon Defendant Alexander Mathis. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/27/2022.(jdp )
June 22, 2022 Filing 8 NOTICE to plaintiffs: RESPONSE to #7 MOTION to Dismiss for Failure to State a Claim is due by July 12, 2022. (khr) Served Attorney Aaron Zimmerman, attorney for plaintiffs via regular mail on 6/22/2022. Modified on 6/22/2022 (khr).
June 21, 2022 Filing 7 MOTION to Dismiss for Failure to State a Claim filed by Town of Salina. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 7/12/2022. Reply to Response to Motion due by 7/19/2022 (Attachments: #1 Affidavit of Paul V. Mullin, Esq., #2 Exhibit(s) A - Notice of Claim, #3 Exhibit(s) B - Summons and Complaint, #4 Exhibit(s) C - Fence Ordinance of the Town of Salina, #5 Memorandum of Law, #6 Certificate of Service) (Mullin, Paul)
June 14, 2022 Filing 6 AFFIDAVIT of Service for Notice of Removal with Exhibits and G.O. #25 Filing Order served on Aaron Zimmerman, Esq. and Alexander Mathis on June 14, 2022, filed by Town of Salina. (Mullin, Paul)
June 14, 2022 Filing 5 G.O. 25 FILING ORDER ISSUED: All conferences will be conducted by way of telephone conference. The parties are directed to call (877)402-9753 and enter access code 9983518. Initial Conference set for 8/17/2022 02:30 PM 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 8/10/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)(Emailed a copy to Attorney Zimmerman on 6/14/2022)
June 14, 2022 Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Aaron Zimmerman, Email address is az@zipilaw.com. Phone number is 315-475-7777. Admissions due by 6/28/2022. (khr)(Emailed attorney on 6/14/2022)
June 14, 2022 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Town of Salina. (khr)
June 14, 2022 Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court County of Onondaga. (khr)
June 14, 2022 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Onondaga, case number 003997/2022 (Filing fee $402 receipt number ANYNDC-5935630) filed by Town of Salina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(khr)
June 14, 2022 ***Answer due date updated for Town of Salina answer due 6/21/2022. (khr)

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Plaintiff: James Wallace
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Plaintiff: Barbara Wallace
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Defendant: Alexander Mathis
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Defendant: Town of Salina
Represented By: Paul V. Mullin
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