Roth et al v. The City of Syracuse et al
| William Osuchowski, Robert Frank, Jake and Buck, LLC, Happy Birds LLC, Benjamin Tupper, Euclid, Inc., Relvco, Inc., Fort Allen LLC, Avon, Inc., Legacy Management CNY Inc. and Norman Roth |
| The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh, Jake Dishaw and The City of Syracuse |
| 5:2024cv00929 |
| July 26, 2024 |
| U.S. District Court for the Northern District of New York |
| David N Hurd |
| Mitchell J Katz |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 30, 2025. A more recent docket listing may be available from PACER.
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Filing 20
TEXT ORDER: Plaintiffs' counsel is directed to file a status report by 11/15/2024, reporting on the status of the case. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 9/9/2024. (kmc)
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Filing 19
TEXT ORDER Removing Case from ADR Program. Signed by U.S. Magistrate Judge Mitchell J. Katz on 9/9/2024. (kmc)
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Filing 18
UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 12/15/2024. Fact Discovery Cutoff is 4/1/2025. Plaintiffs Expert Disclosure Deadline is 6/1/2025. Defendants Expert Disclosure Deadline is 7/16/2025. Rebuttal Expert Disclosure Deadline is 7/30/2025. All Expert Discovery is to be completed by 8/29/2025. Dispositive Motions are to be filed by 5/15/2025. Signed by U.S. Magistrate Judge Mitchell J. Katz on 9/11/2024. (kmc)
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TEXT Minute Entry for video Rule 16 conference held on 9/9/2024 before U.S. Magistrate Judge Mitchell J. Katz: The court explained the Mandatory Mediation Program to counsel and had opted the parties out of the program. Mandatory disclosures have been exchanged. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Hurd. Plaintiffs' counsel is directed to file a status report by 11/15/2024, reporting on the status of the case, as reflected in the accompanying text order. Appearances: Adam Wekstein, Esq. and Thomas Robertson, Esq. for plaintiffs; and Danielle Smith, Esq. for defendants. Time: 2:30 PM - 3:01 PM. (kmc)
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TEXT NOTICE of the video Rule 16 Initial Conference set for 9/9/2024 at 2:00 PM: The parties are directed to connect to conference using the link that has been provided to the parties by separate email. If the parties are not able to join by video, dial 315-691-0477 and enter code 357 043 162# to connect to the conference. (kmc)
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Filing 17
CIVIL CASE MANAGEMENT PLAN by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh. (D'Agostino, Emily)
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Filing 16
NOTICE OF APPEARANCE by Thomas M. Robertson on behalf of All Plaintiffs (Robertson, Thomas)
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TEXT NOTICE OF FILING DEFICIENCY regarding the #16 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. (kck)
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Filing 15
NOTICE OF APPEARANCE by Danielle R. Smith on behalf of All Defendants (Smith, Danielle)
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Filing 14
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Relvco, Inc.. (Wekstein, Adam)
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Filing 13
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Legacy Management CNY Inc.. (Wekstein, Adam)
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Filing 12
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Euclid, Inc.. (Wekstein, Adam)
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Filing 11
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Avon, Inc.. (Wekstein, Adam)
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Filing 10
NOTICE OF APPEARANCE by Adam L. Wekstein on behalf of All Plaintiffs (Wekstein, Adam)
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Filing 9
TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice for Adam L. Wekstein. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Attorney Wekstein is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Mitchell J. Katz on 8/9/2024. (ztc)
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Filing 8
MOTION for Limited Admission Pro Hac Vice of Adam L. Wekstein, Esq. Filing fee $100, receipt number ANYNDC-6828906. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: #1 Declaration of Sponsor Chris G. Trapp, Esq. in support of Motion for Admission Pro Hac Vice, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D) Motions referred to Mitchell J. Katz. (Trapp, Chris)
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Filing 7
AFFIDAVIT of Service for Notice of Filing of Notice of Removal served on Hocherman Tortorella & Wekstein, LLP, counsel for Plaintiffs on July 29, 2024, filed by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh. (Long, Todd)
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Filing 6
ANSWER to Complaint filed at Docket Number 2 by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh.(D'Agostino, Emily)
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Filing 5
LETTER BRIEF explaining, correcting and supplementing certain discrete aspects of Defendants Notice of Removal. by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh. (Attachments: #1 Exhibit(s) A - Docket Document List from State Court Action, #2 Exhibit(s) B - Confirmation Receipt of Filing)(Long, Todd)
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Filing 4
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Adam L. Wekstein, Esq. Email address is a.wekstein@htwlegal.com. Phone number is 914-421-1800. Admissions due by 8/9/2024. {Copy served upon Attorney with GO #25 via regular mail} (kck)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Video Conference set for 9/9/2024 at 2:00 PM before Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/3/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kck)
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Filing 2
STATE COURT COMPLAINT relating to #1 Notice of Removal filed by Plaintiffs in NYS Supreme Court - Onondaga County. (kck)
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Filing 1
NOTICE OF REMOVAL from NYS Supreme Court - Onondaga County, case number 006522/2024 (Filing fee $405 receipt number ANYNDC-6813335) filed by The City of Syracuse, Ben Walsh, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse and Jake Dishaw. (Attachments: #1 Exhibit A - Summons and Complaint from the State Court Action, with Exhibits "1" through "4" attached thereto, #2 Exhibit B - Affidavits of Service from Plaintiffs on Defendants, #3 Exhibit C - State Court Action Docket Document List (Index No. 006522/2024), #4 Exhibit D - State Court Action "Notice of Filing of Notice of Removal" (to be filed immediately in NYSCEF under Index No. 006522/2024), #5 Civil Cover Sheet) (kck)
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*** Answer due date set for The City of Syracuse, Ben Walsh, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse and Jake Dishaw. Answers due 8/2/2024. (kck)
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