Broadwater v. The County of Onondaga et al
| Anthony J. Broadwater |
| The County of Onondaga, The City of Syracuse, Asst. Dist. Attorney Gail Uebelhoer, Syracuse PD Det. George Lorenz, John Does 1-5, Gail Uebelhoer, George Lorenz and Wendy S. Lougnot |
| 5:2022cv01241 |
| November 21, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 43 MEMORANDUM OF LAW re #41 Response in Opposition to Motion Reply Memorandum in Further Support of Motion to Dismiss the Plaintiff's Amended Complaint filed by The County of Onondaga, Gail Uebelhoer. (Sickinger, John) |
| Filing 42 RESPONSE to Motion re #40 MOTION to Dismiss Cross-Claim filed by The County of Onondaga, Gail Uebelhoer(Assistant District Attorney, in her individual capacity). Motion returnable before Judge Brenda K. Sannes filed by Wendy S. Lougnot, The City of Syracuse. (Attachments: #1 Memorandum of Law)(Smith, Danielle) |
| Filing 41 RESPONSE in Opposition re #37 MOTION to Dismiss for Failure to State a Claim filed by The County of Onondaga, Gail Uebelhoer. Motion returnable before Judge Brenda K. Sannes filed by Anthony J. Broadwater. (Selver, Max) |
| Filing 40 MOTION to Dismiss Cross-Claim filed by The County of Onondaga, Gail Uebelhoer(Assistant District Attorney, in her individual capacity). Motion returnable before Judge Brenda K. Sannes Response to Motion due by 6/27/2023. Reply to Response to Motion due by 7/5/2023 (Attachments: #1 Memorandum of Law) (Sickinger, John) |
Filing 39
TEXT ORDER: Court notes that a Motion to Dismiss was filed by the County defendants. (Dkt. No. #37 .) Although the City defendants have answered and filed crossclaim against the County defendants (Dkt. No. #38 ), the Court will continue to hold the Rule 16 conference and related deadlines in abeyance until the Motion to Dismiss is resolved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/31/2023. (sg)
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| ***Answer due date for #38 CROSSCLAIM updated for The County of Onondaga answer due 6/20/2023; Gail Uebelhoer(Assistant District Attorney, in her individual capacity) answer due 6/20/2023. (ztc) |
| Filing 38 ANSWER to #27 Amended Complaint , CROSSCLAIM against The County of Onondaga, Gail Uebelhoer by The City of Syracuse, Wendy S. Lougnot.(Smith, Danielle) |
| Filing 37 MOTION to Dismiss for Failure to State a Claim filed by The County of Onondaga, Gail Uebelhoer. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 6/16/2023. Reply to Response to Motion due by 6/23/2023 (Attachments: #1 Memorandum of Law) (Sickinger, John) |
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Filing 36
STIPULATION AND ORDER. Signed by Magistrate Judge Therese Wiley Dancks on 5/26/2023. (jcl)
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| Filing 35 STIPULATION re Service by Wendy S. Lougnot, The City of Syracuse submitted to Judge Dancks. (Smith, Danielle) |
| Filing 34 NOTICE OF APPEARANCE by Danielle R. Smith on behalf of Wendy S. Lougnot (Smith, Danielle) |
| ***Answer for Wendy S. Lougnot due 6/5/2023. (jcl) |
| Filing 33 Summons Issued as to Wendy S. Lougnot. (ztc) |
| Filing 32 REQUEST FOR ISSUANCE OF SUMMONS(ES): Anthony J. Broadwater is requesting summons(es) be issued as to Wendy S. Lougnot re: #27 Amended Complaint. (Selver, Max) |
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Filing 31
TEXT ORDER: Court has reviewed Dkt. Nos. #26 and #29 . The stipulation substituting Wendy Lougnot as Administrator of the Estate of Lorenz is approved per Dkt. No. #30 . The plaintiff is directed to submit a proposed summons for Lougnot by 5/18/2023. Defendants County, City, and Uebelhoer to file their Answers to the Amended Complaint by 5/30/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/16/2023. (sg)
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Filing 30
Stipulation and Order to Amend Complaint and Change Case Caption. Signed by Magistrate Judge Therese Wiley Dancks on 5/16/2023. (sg)
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| Filing 29 NOTICE by Anthony J. Broadwater re #27 Amended Complaint regarding Letters of Administration with Limitations (Selver, Max) |
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Filing 28
TEXT ORDER: Court reviewed stipulation (Dkt. No. #26 ) and the amended complaint (Dkt. No. #27 ), all of which is held in abeyance until the Court receives a copy of the Letters of administration for defendant Lougnot, as Administrator of the Estate of Lorenz, as directed in Dkt. No. 25 . Plaintiff shall file a copy of the Letters of administration by 5/19/2023. Upon receipt, the Court will consider the stipulation and amended complaint. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/15/2023. (sg)
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| Filing 27 AMENDED COMPLAINT against John Does 1-5, George Lorenz, The City of Syracuse, The County of Onondaga, Gail Uebelhoer, Wendy S. Lougnot filed by Anthony J. Broadwater.(Selver, Max) (Main Document 27 replaced on 5/15/2023) (ztc, ). |
| Filing 26 STIPULATION re 25 Order,,, Set Deadlines,, Filing of Amended Complaint by Anthony J. Broadwater submitted to Judge Therese Wiley Dancks. (Attachments: #1 Exhibit(s) A - Proposed Amended Complaint Redline)(Selver, Max) (Attachment 1 replaced on 5/15/2023) (ztc, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #26 Stipulation and #27 Amended Complaint filed by Anthony J. Broadwater, Clerk replaced the documents for Exhibit A to #26 Stipulation and #27 Amended Complaint with redacted versions as they were not in accordance with Local Rule 5.2. (ztc) |
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Filing 25
TEXT ORDER: Court reviewed status report regarding appointment of public administrator for deceased defendant Lorenz's estate. The parties should confer in good faith to agree to the amendment of the complaint to substitute the public administrator. Plaintiff should file a stipulation of the parties when filing the amended complaint. Electronic signatures will suffice. If the parties are unable to stipulate, plaintiff should file a motion to substitute the public administrator by 5/16/2023 per Rule 25 of the FRCP. Letters of administration should be included with the amended complaint. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/2/2023. (sg)
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| Filing 24 STATUS REPORT Regarding Petition to Appoint Administrator by Anthony J. Broadwater. (Selver, Max) |
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Filing 23
TEXT ORDER: Court reviewed status report (Dkt. No. #22 ) regarding appointment of public administrator. Plaintiff to file further status report by 5/1/2023 regarding the appointment. Deadline to substitute a representative for the estate of deceased defendant Lorenz remains as set in Dkt. No. 21 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/30/2023. (sg)
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| Filing 22 STATUS REPORT Regarding Petition to Appoint Administrator in Accordance with Order, dkt. 21, dated February 15, 2023 by Anthony J. Broadwater. (Selver, Max) |
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Filing 21
TEXT ORDER: Court reviewed plaintiff's letter motion (Dkt. No. #20 ) for an extension of time to serve and substitute the estate of deceased defendant Lorenz as the proper defendant. Court construes the letter as a "statement noting the death" per FRCP 25(a) of defendant Lorenz and the letter motion is granted as follows: plaintiff's time to substitute and serve the estate of Lorenz is extended to 5/16/2023 or to 30 days after the Public Administrator is appointed for the estate, whichever is sooner. Plaintiff is directed to file a status report by regarding the proceeding to have a Public Administrator appointed by 3/31/2023. The 2/23/2023 Rule 16 conference and related deadlines are adjourned and will be rescheduled in due course. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/15/2023. (sg)
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| Filing 20 Letter Motion from Earl S. Ward for Anthony J. Broadwater requesting an Extension of Time to Serve George Lorenz submitted to Judge Thrse Wiley Dancks, dated February 15, 2023. (Selver, Max) |
| Filing 19 NOTICE of Appearance by John A. Sickinger on behalf of The County of Onondaga, Gail Uebelhoer (Sickinger, John) |
| Filing 18 ANSWER to #17 Answer to Complaint, Crossclaim by The County of Onondaga, Gail Uebelhoer.(Heisler, John) |
| *** CROSS CLAIM Answer due date updated for The County of Onondaga answer due 1/31/2023; Gail Uebelhoer answer due 1/31/2023. (ztc) |
| Filing 17 ANSWER to #1 Complaint, , CROSSCLAIM against The County of Onondaga, Gail Uebelhoer by The City of Syracuse.(Smith, Danielle) |
| Filing 16 NOTICE of Appearance by Danielle R. Smith on behalf of The City of Syracuse (Smith, Danielle) |
| Filing 15 ANSWER to #1 Complaint, by The County of Onondaga, Gail Uebelhoer.(Heisler, John) |
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Filing 14
TEXT ORDER granting #13 Letter Request by defendant The City of Syracuse for extension of time to respond to the complaint. Defendant The City of Syracuse answer due 1/10/2023. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/7/2022. (sg)
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| Filing 13 Letter Motion from Todd M. Long for The City of Syracuse requesting a two-week extension to respond to Plaintiff's Complaint (Dkt. No. 1) from December 27, 2022, to January 10, 2022 submitted to Judge Brenda K. Sannes . (Long, Todd) |
| Filing 12 NOTICE of Appearance by Earl Ward on behalf of Anthony J. Broadwater (Ward, Earl) |
| Filing 11 NOTICE by Anthony J. Broadwater of Attorney Admissions (Selver, Max) |
| Filing 10 NOTICE of Appearance by Max R. Selver on behalf of Anthony J. Broadwater (Selver, Max) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on City of Syracuse on 12/5/2022, filed by Anthony J. Broadwater. (Swartz-Bragg, Melissa) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on County of Onondaga on 12/5/2022, filed by Anthony J. Broadwater. (Swartz-Bragg, Melissa) |
| ***Answer due date updated for The City of Syracuse answer due 12/27/2022; The County of Onondaga answer due 12/27/2022. (ztc) |
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Filing 7
TEXT ORDER : Plaintiff file a complaint (Dkt. No. #1 ) which the Court has restricted because it does not comport with Local Rule 5.2. Plaintiff is directed to submit a complaint, by 2pm today, that redacts the name of the sexual assault victim. The Clerk will immediately notify counsel on how to submit the redacted complaint. The clerk is then directed to replace the complaint (Dkt. No. 1) with the redacted complaint unrestricted on the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/2/2022. (sg)
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| Filing 6 NOTICE of Appearance by John E. Heisler, Jr on behalf of Gail Uebelhoer (Heisler, John) |
| Filing 5 NOTICE of Appearance by John E. Heisler, Jr on behalf of The County of Onondaga (Heisler, John) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #3 G.O. 25 Filing Order, Clerk replaced the document with a version that contains the correct time of the Rule 16 conference. (ztc) |
| TEXT NOTICE: Although the plaintiff herein has named John Doe defendants 1-5 in the Complaint, the Clerk's Office will not issue summonses for service of process on a John 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 identity. 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. (ztc) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Anthony J. Broadwater; Attorneys Earl S. Ward, Esq. and Max Selver, Esq, Email addresses are eward@ecbawm.com and mselver@ecbawm.com. Phone numbers are (212) 763-5000. Admissions are due by 12/6/2022. (Served via email with a copy of GO 25 Filing Order)(ztc) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 2/23/2023 10:30 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 2/16/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) (Main Document 3 replaced on 11/23/2022) (ztc, ). |
| Filing 2 Summons Issued as to The County of Onondaga. (Attachments: #1 Summons issued as to The City of Syracuse, #2 Summons issued as to Assistant District Attorney Gail Uebelhoer, #3 Summons issued as to Syracuse Police Department Detective George Lorenz)(ztc) |
| Filing 1 COMPLAINT with JURY DEMAND against John Does 1-5, George Lorenz, The City of Syracuse, The County of Onondaga, Gail Uebelhoer (Filing fee $402 receipt number ANYNDC-6108835) filed by Anthony J. Broadwater. (Attachments: #1 Civil Cover Sheet)(ztc) |
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