Roodenburg v. Sandy et al
| Timothy Andrew Roodenburg |
| Paul Sandy, Lt. Cheyenne Cute, Deputy Chief David Guerrera, Jim Sponaugle, Trish Hansen, Liz Starr, Cheryl Michaeles, Michael Whitlock, Wayne Schutt, II, Kathryn Silliman, Mary Clare Pennello, Patricia Lane, Seth Thompson, Bill Carpenter, Troy Beckwith, Thomas Michales, Cortland City Police Psychiatrist, City of Cortland, Cortland NY, Cortland Mayor Scott Steve and Corporation Council AJ Meldrim |
| 5:2023cv00963 |
| August 8, 2023 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 AFFIDAVIT of Service for Notice of Appearance and Answer by mail to P.O. Box 173, DeRuyter, NY 13052 served on Pro Se Plaintiff on 10/05/2023, filed by Troy Beckwith, Bill Carpenter, City of Cortland, Cortland NY, Cortland City Police Psychiatrist, Cheyenne Cute, David Guerrera, Trish Hansen, Patricia Lane, AJ Meldrim, Cheryl Michaeles, Thomas Michales, Mary Clare Pennello, Paul Sandy, Wayne Schutt, II, Kathryn Silliman, Jim Sponaugle, Liz Starr, Scott Steve, Seth Thompson, Michael Whitlock. (Leach, David) |
Filing 23
TEXT ORDER: Court reviewed plaintiff's status report (Dkt. No. #22 ) regarding service of the defendants' documents. Defendants are directed to immediately re-serve their Notice of Appearance and Answer on plaintiff at the address on the docket, and file an affidavit of service of same by 10/6/2023. Counsel for defendants is advised that service of any documents, etc. on plaintiff during the pendency of this action should be to the address for plaintiff on the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/4/2023. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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| Filing 22 STATUS REPORT Statement notifying the court that the defendants failed to serve Timothy Roodenburg with their answer to the complaint. Attorney David Leach electronically filed the answer but failed to serve the paperwork at the correct listed address. by Timothy Andrew Roodenburg. (Roodenburg, Timothy) |
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Filing 21
TEXT ORDER: Court acknowledges plaintiff's letter (Dkt. No. #17 ) regarding issues with electronic filing. The Court understands that the Clerk is working with plaintiff to correct the issues. In the meantime, plaintiff may file any documents through website/MFT until such time as the issues with electronic filing are resolved. Once resolved, plaintiff must use his CM/ECF account to submit document unless that privilege is revoked by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/27/2023. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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| Filing 20 Clerk's CERTIFICATE OF ACTION TAKEN ON PLAINTIFF'S #18 Request for Entry of Default and #15 Request for Entry of Default: Plaintiff's requests CANNOT be honored because the docket reflects that the defendants upon whom you request entry of default has filed an answer or otherwise moved with respect to the complaint. (Copy served upon Timothy Andrew Roodenburg via regular mail on 9/26/2023, since pltf is having issues with electronic filing) (see) |
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Filing 19
TEXT ORDER: Pro se plaintiff Timothy Andrew Roodenburg has filed this 42 U.S.C. 1983 action against twenty defendants associated with the City of Cortland. On September 22, 2023, defendants appeared through counsel and answered plaintiff's complaint. Dkt. Nos. 12, 14. That same day, the Clerk of Court received for filing a request from plaintiff for the entry of default. Dkt. No. 15. Since then, the Clerk of Court has received for filing a second request from plaintiff for the entry of default. Dkt. No. 18. Upon review, those requests must be DENIED. Although the Court recognizes that the deadline in which to file an answer as to these defendants has recently expired, Dkt. Nos. 7, 8, 9, 10, 11, governing Second Circuit precedent generally obligates lower courts to encourage the resolution of disputes on the merits rather than on the basis of administrative errors or technical defects. See, e.g., Am. Alliance Ins. Co., Ltd. v. Eagle Ins. Co., 92 F.3d 57, 61 (2d Cir. 1996) (requiring something more than careless or negligent errors to warrant default judgment). Because defendants have answered, Dkt. No. 14, the Clerk of Court is directed to deny plaintiff's requests for entry of default, Dkt. Nos. 15, 18. So Ordered by Judge David N. Hurd on 9/26/2023. (Copy served upon Timothy Andrew Roodenburg via regular mail on 9/26/2023)(see)
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| Filing 18 REQUEST FOR ENTRY OF DEFAULT as to All Defendants re #1 Complaint, by Timothy Andrew Roodenburg. [Filed via MFT on 9/25/2023.] (egr) |
| Filing 17 Letter from Plaintiff regarding issues with electronic filing. (egr) Modified on 9/26/2023 to add that document was received via MFT on 9/25/2023 (egr). |
| Filing 16 AFFIDAVIT of Service for Answer served on Pro Se Plaintiff on 09/22/2023, filed by Troy Beckwith, Bill Carpenter, City of Cortland, Cortland NY, Cortland City Police Psychiatrist, Cheyenne Cute, David Guerrera, Trish Hansen, Patricia Lane, AJ Meldrim, Cheryl Michaeles, Thomas Michales, Mary Clare Pennello, Paul Sandy, Wayne Schutt, II, Kathryn Silliman, Jim Sponaugle, Liz Starr, Scott Steve, Seth Thompson, Michael Whitlock. (Leach, David) |
| Filing 15 REQUEST FOR ENTRY OF DEFAULT as to All Defendants re #1 Complaint, by Timothy Andrew Roodenburg. [Filed via MFT on 9/22/2023.] (Attachments: #1 Affidavit)(hmr) |
| Filing 14 ANSWER to #1 Complaint, by Troy Beckwith, Bill Carpenter, City of Cortland, Cortland NY, Cortland City Police Psychiatrist, Cheyenne Cute, David Guerrera, Trish Hansen, Patricia Lane, AJ Meldrim, Cheryl Michaeles, Thomas Michales, Mary Clare Pennello, Paul Sandy, Wayne Schutt, II, Kathryn Silliman, Jim Sponaugle, Liz Starr, Scott Steve, Seth Thompson, Michael Whitlock.(Leach, David) |
| Filing 13 AFFIDAVIT of Service for Notice of Appearance served on Pro Se Plaintiff on September 22, 2023, filed by Troy Beckwith, Bill Carpenter, City of Cortland, Cortland NY, Cortland City Police Psychiatrist, Cheyenne Cute, David Guerrera, Trish Hansen, Patricia Lane, AJ Meldrim, Cheryl Michaeles, Thomas Michales, Mary Clare Pennello, Paul Sandy, Wayne Schutt, II, Kathryn Silliman, Jim Sponaugle, Liz Starr, Scott Steve, Seth Thompson, Michael Whitlock. (Leach, David) |
| Filing 12 NOTICE OF APPEARANCE by David E. Leach on behalf of All Defendants (Leach, David) |
| Filing 11 SUMMONS Returned Executed by Timothy Andrew Roodenburg. Bill Carpenter served on 8/24/2023, answer due 9/14/2023; Mary Clare Pennello served on 8/23/2023, answer due 9/13/2023; Seth Thompson served on 8/17/2023, answer due 9/7/2023. (Attachments: #1 Summons Returned Executed as to Seth Thompson, #2 Summons Returned Executed as to Mary Clare Pennello)(egr) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint, The Clerk corrected Defendant Paul Sandy as the party was added "Sandy Paul" in error. (mmg) |
| Filing 10 SUMMONS Returned Executed by Timothy Andrew Roodenburg. Kathryn Silliman served on 9/1/2023, answer due 9/22/2023. (mmg). |
| Filing 9 SUMMONS Returned Executed by Timothy Andrew Roodenburg as to David Guerrera served on 8/22/2023. (Attachments: #1 Summons Executed as to Wayne Schutt II). Answer due 9/12/2023(mmg) |
| Filing 8 SUMMONS Returned Executed by Timothy Andrew Roodenburg as to Patricia Lane served on 8/18/2023. (Attachments: #1 Summons Executed as to Thomas Michales, #2 Summons Executed as to Troy Beckwith) answer due 9/8/2023.(mmg) |
| Filing 7 SUMMONS Returned Executed by Timothy Andrew Roodenburg. City of Cortland, Cortland NY served on 8/17/2023, answer due 9/7/2023; Cortland City Police Psychiatrist served on 8/17/2023, answer due 9/7/2023; Cheyenne Cute served on 8/17/2023, answer due 9/7/2023; Trish Hansen served on 8/17/2023, answer due 9/7/2023; AJ Meldrim served on 8/17/2023, answer due 9/7/2023; Cheryl Michaeles served on 8/17/2023, answer due 9/7/2023; Sandy Paul served on 8/17/2023, answer due 9/7/2023; Jim Sponaugle served on 8/17/2023, answer due 9/7/2023; Liz Starr served on 8/17/2023, answer due 9/7/2023; Scott Steve served on 8/17/2023, answer due 9/7/2023; Michael Whitlock served on 8/17/2023, answer due 9/7/2023. (Attachments: #1 Summons Executed as to AJ Meldrim, #2 Summons Executed as to Cheryl Michales, #3 Summons Executed as to Cheyenne Cute, #4 Summons Executed as to Paul Sandy, #5 Summpns Executed as to City of Cortland, #6 Summons Executed as to Police Psychiatrist, #7 Summons executed as to Liz Starr, #8 Summons Executed as to James Sponaugle, #9 Summons Executed as to Mayor Scott Steve, #10 Summons Executed as to Trish Hansen)(mmg, ) |
| Pro Se E-filing Registration Request received and processed. Account set up complete. (tad) |
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Filing 6
TEXT ORDER granting #4 Pro Se Motion to Obtain ECF Login and Password. Court will proceed with the pro se registration process. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/15/2023. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg)
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| TEXT NOTICE TO PRO SE PLAINTIFF: Because Plaintiff has paid the filing fee, they are advised that they are responsible for serving the summons, complaint, and General Order 25 on each defendant in accordance with Fed.R.Civ.P. 4(c). Local Rule 4.1(b) and General Order 25 direct that service of the complaint should be completed "within sixty (60) days of" filing the complaint. Separate affidavit of service as to each defendant must be filed. Plaintiff is warned that failure to serve the summons, complaint, and General Order 25 on the defendants or ask for an extension of time to do so (in writing) may ultimately result in dismissal of their action for failure to prosecute. (A copy of this text notice has been served on pro se party via regular mail.) (sg) |
| Filing 5 PRO SE HANDBOOK and NOTICE issued and explained to Timothy Andrew Roodenburg at time complaint was filed. Pro Se also provided with a copy of all documents and pro se assistance program pamphlet. (egr) |
| Filing 4 Pro Se MOTION to Obtain ECF Login and Password filed by Timothy Andrew Roodenburg. Motions referred to Therese Wiley Dancks. (egr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/6/2023 at 10:00 AM by Telephone 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 10/30/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (egr) |
| Filing 2 Summons Issued as to City of Cortland, (Attachments: #1 Summons Issued as to Chief Paul Sandy, #2 Summons Issued as to Kathryn Silliman, #3 Summons Issued as to AJ Meldrim, #4 Summons Issued as to Mayor Scott Steve, #5 Summons Issued as to Thomas Michales, #6 Summons Issued as to Troy Beckwith, #7 Summons Issued as to Bill Carpenter, #8 Summons Issued as to Seth Thompson, #9 Summons Issued as to Patricia Lane, #10 Summons Issued as to Mary Clare Pennello, #11 Summons Issued as to Wayne Schutt, II, #12 Summons Issued as to Michael Whitlock, #13 Summons Issued as to Cheryl Michales, #14 Summons Issued as to Trish Hansen, #15 Summons Issued as to David Guerrera, #16 Summons Issued as to Liz Starr, #17 Summons Issued as to James Sponaugle, #18 Summons Issued as to Lt. Cheyenne Cute, #19 Summons Issued as to City of Cortland Psychiatrist) (egr) |
| Filing 1 COMPLAINT against Troy Beckwith, Bill Carpenter, City of Cortland, Cortland NY, Cortland City Police Psychiatrist, Cheyenne Cute, David Guerrera, Trish Hansen, Patricia Lane, AJ Meldrim, Cheryl Michaeles, Thomas Michales, Sandy Paul, Mary Clare Pennello, Wayne Schutt, II, Kathryn Silliman, Jim Sponaugle, Liz Starr, Scott Steve, Seth Thompson, Michael Whitlock (Filing fee $402 receipt number 500000750) filed by Timothy Andrew Roodenburg. (Attachments: #1 Civil Cover Sheet)(egr) |
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