Brown v. Oneida County et al
| James E. Brown |
| Bradley Chapman, Nicholas Loconte, John Does(s), Oneida County District Attorney's Office, Oneida County Correctional Facility, Sergeant Michael Miles, Robert A. Bauer, Police Officer John Doe, John Doe 1-6, Oneida County Police Department, Town of Marcy, Michael Webb, Jeremy Fahey, John Doe, Chapman, Town of Marcy Police Department, Oneida County Sheriff's Department and Oneida County |
| Stephen T. Helmer |
| 6:2015cv00849 |
| July 15, 2015 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Andrew T Baxter |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 5, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 58
STIPULATION & ORDER DISMISSING CASE with prejudice. Signed by Senior Judge Lawrence E. Kahn on December 05, 2017. (sas)
|
| Filing 57 STIPULATION of Discontinuance with Prejudice by Robert A. Bauer, Bradley Chapman, Jeremy Fahey, Nicholas Loconte, Michael Miles, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department, Michael Webb submitted to Judge Andrew T. Baxter. (Walsh, David) |
|
Filing 56
ORDERED: The Court has been advised by Counsel that this action has been settled, or is in the process of being settled. Counsel of record have also advised this Court that no infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y.L.R. 68.2 (b), it is hereby ORDERED that: 1) Upon the completion of settlement, the attorneys of record are directed to exchangegeneral releases and to FILE a Stipulation of Discontinuance with the Court, within 60 days. 2) If more time is needed to perfect the settlement or if for any reason the parties are unable to finalize the settlement within this 60 day period, the attorneys of record are directed to file a request for an extension with this Court. Signed by Senior Judge Lawrence E. Kahn on September 27, 2017. (sas)
|
| Filing 55 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on September 26, 2017. Total Hours Spent by Mediator: 5; The outcome of Mandatory Mediation is: CASE HAS SETTLED. The Settlement Agreement and Stipulation for Dismissal are being prepared and will be submitted for the courts consideration. (Helmer, Stephen) |
| ADR COMPLETED - CASE SETTLED Attorney/Mediator Stephen T. Helmer terminated.(jlm) |
| Filing 54 AFFIDAVITS concerning joint representation by Robert A. Bauer, Bradley Chapman, Jeremy Fahey, Nicholas Loconte, Michael Miles, and Michael Webb. (Affidavits filed ex parte per the direction of the court. Accordingly, these documents will only be available to the individuals' counsel.) (mae) (mae, ). |
| TEXT NOTICE: In light of the 52 text order extending pretrial deadlines in this matter, the trial ready deadline is reset to 2/20/2018 and the jury trial is adjourned to 3/12/2018 at 10:00 a.m. in Albany before Senior Judge Lawrence E. Kahn. (mae) |
| Filing 53 TEXT ORDER REFERRING CASE back into the Mandatory Mediation Program. Attorney Stephen T. Helmer is reinstated as mediator. The deadline for completion of the Mandatory Mediation session(s) and submission of the Report of Mandatory Mediation is 9/29/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/11/2017. (mae) |
| Filing 52 TEXT ORDER granting #51 letter request for an extension of deadlines. Discovery cutoff is extended to 8/28/2017. Joinder/amendment deadline is reset to 9/1/2017. Mandatory Mediation deadline is reset to 9/29/2017. Motion filing deadline is extended to 11/20/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/11/2017. (mae) |
| Text Minute Entry for telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 7/11/2017 re #51 plaintiff's letter request: Attorney Charrington is still trying to identify the arresting officer. That is the final John Doe she hopes to identify. Attorney Walsh is to submit Dunton affidavits for filing under seal. To do so he may e-mail Melissa_Frisch@nynd.uscourts.gov. Written discovery is ongoing. Further depositions are not anticipated. Counsel would like to have another mediation session with Stephen Helmer after the completion of discovery. Discovery cutoff is extended to 8/28/2017. Joinder/amendment deadline is reset to 9/1/2017. Mandatory Mediation deadline is reset to 9/29/2017. Motion filing deadline is extended to 11/20/2017. Appearances: Karen H. Charrington, Esq. for plaintiff; David H. Walsh, Esq. for defendants. (Court Reporter Eileen McDonough. Time: 3:30 p.m. - 3:43 a.m. (mae) |
| TEXT NOTICE of Hearing re #51 Letter Motion: A telephonic conference is set for 7/11/2017 at 3:30 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. (mae) |
| Filing 51 Letter Motion from PLAINTIFF for James E. Brown requesting Extension of time to complete discovery submitted to Judge Andrew T. Baxter . (Charrington, Karen) |
| Filing 50 TEXT ORDER granting in part and denying in part #49 Letter Request. The deadline for the amendment of pleadings and joinder of parties is further extended to 6/5/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/9/2017. (mae) |
| Filing 49 Letter Motion from Plaintiff for James E. Brown requesting Stay/Extension of time to amend submitted to Judge Andrew T. Baxter . (Charrington, Karen) |
| Filing 48 TEXT ORDER granting #47 Letter Request. The deadline for the amendment of pleadings and joinder of parties is extended to 5/8/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/3/2017. (mae) |
| Filing 47 Letter Motion from Plaintiff for James E. Brown requesting Extension of time to amend submitted to Judge Andrew T. Baxter . (Charrington, Karen) |
| Filing 46 ANSWER to #44 Amended Complaint by Robert A. Bauer, Bradley Chapman, Jeremy Fahey, Nicholas Loconte, Michael Miles, and Michael Webb.(Walsh, David) Modified on 5/1/2017 to remove the terminated defendants as filers, as they were selected in error. (jmb) |
| CLERK'S CORRECTION OF DOCKET ENTRY: the Clerk has modified the #46 Answer to Amended Complaint, to remove the terminated defendants as filers as they were selected in error, this Answer is filed on behalf of the following currently pending defendants: Robert A. Bauer, Bradley Chapman, Jeremy Fahey, Nicholas Loconte, Michael Miles, and Michael Webb. (jmb) |
| Filing 45 TEXT ORDER: Defendants Robert A. Bauer, Bradley Chapman, Jeremy Fahey, Nicholas Loconte, Michael Miles, and Michael Webb are to respond to the #44 Second Amended Complaint on or before 5/1/2017. The deadline for the amendment of pleadings and joinder of parties is extended to 5/1/2017. The deadline for plaintiff's expert disclosure is STAYED pending a status report by plaintiff. The overall discovery cutoff is set to 7/3/2017. Substantive motions to be filed by 9/5/2017. Trial Ready deadline remains 10/31/2017 and the jury trial remains set for 11/14/2017 at 10:00 a.m. in Albany before Senior Judge Lawrence E. Kahn. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/10/2017. (mae) |
| Text Minute Entry for stenographically-recorded telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 4/10/2017 re #44 plaintiff's amended complaint: Defense counsel confirmed that he consents to the filing of the #44 amended complaint. Attorney Walsh further agreed to accept service on behalf of defendants Webb, Fahey, and Miles. A deadline for all named defendants to respond to the amended complaint was set to 5/1/2017. Plaintiff's counsel advised she is still working towards naming at least one more Doe defendant, the arresting officer. Plaintiff may seek leave to disclose an expert. The court directed Attorney Charrington to file a status report when she has clarified her intentions as to the various Doe defendants and with respect to retaining an expert. The court stayed the expert disclosure deadlines pending said status report. Once it is clear that all defendants have been joined in this action, Attorney Walsh is to submit Dunton affidavits for filing under seal. Pretrial deadlines extended. A text order will be issued. Appearances: Karen H. Charrington, Esq. for plaintiff; David H. Walsh, Esq. for defendants. (Court Reporter Eileen McDonough. Time: 10:00 a.m. - 10:08 a.m. (mae) |
| TEXT NOTICE of Hearing re #44 second amended complaint: A telephonic status conference is set for 4/10/2017 at 10:00 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. (mae) |
| Filing 44 AMENDED COMPLAINT SECOND AMENDED COMPLAINT ON CONSENT against All Defendants filed by James E. Brown.(Charrington, Karen) |
| Filing 43 TEXT ORDER granting #42 Letter Request. The deadline for the amendment of pleadings and joinder of parties is 3/31/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/20/2017. (mae) |
| Filing 42 Letter Motion from Karen H. Charrington, Esq. for James E. Brown requesting Extension of time to amend submitted to Judge Andrew T. Baxter . (Charrington, Karen) |
| ADR COMPLETED - Case did not settled. Attorney/Mediator Stephen T. Helmer terminated.(jlm) |
| Filing 41 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on February 24, 2017. Total Hours Spent by Mediator: 2; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Helmer, Stephen) |
| Filing 40 TEXT SCHEDULING ORDER: The deadline for the amended pleadings and joinder of parties is extended to 3/17/2017. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/13/2017. (mae) |
| Text Minute Entry for telephonic status conference held before U.S. Magistrate Judge Andrew T. Baxter on 2/13/2017: Plaintiff is working on identifying the Doe defendants through paper discovery and is requesting a brief extension of the joinder/amendment deadline; extended to 3/17/2017. Once the Does are identified the parties may stipulate to amend the caption accordingly. If Attorney Charrington wishes to amend the complaint, she should circulate the proposed amended pleading to defense counsel to determine whether or not defendants consent to the amendment. If defendants do not consent to an amendment, plaintiff is granted leave to file a motion to amend. Once all defendants have been identified, defense counsel is to file Dunton affidavits with the court ex parte confirming that the individual defendants are comfortable with joint representation. (To do so he may e-mail the affidavits to Melissa_Frisch@nynd.uscourts.gov). Counsel are currently on track to complete mediation and discovery on the previously established pretrial schedule. Appearances: Karen H. Charrington, Esq. for plaintiff; David H. Walsh, Esq. for defendants. Time: 1:30 p.m. - 1:38 p.m. (mae) |
| Filing 39 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Stephen Helmer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: David H. Walsh, Esq. and Karen Charington, Esq.. Dated: January 20, 2017(Walsh, David) |
| Filing 38 TEXT ORDER: Attorney Charrington's oral request for an extension of time to select a mediator is GRANTED. The deadline for Mediator Selection is extended to 1/20/2017. If a stipulation selecting a mediator is not filed by Friday, 1/20/2017, the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Court's Mediator listing and shall issue a text notice notifying the parties of the Mediator's identity. Any questions regarding selection of a mediator should be directed to: Nicole Eallonardo, ADR Administrator, at 315-234-8563. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/17/2017. (mae) |
| Filing 37 TEXT ORDER Regarding Selection of the Mediator: The deadline for the parties to file the Stipulation Selecting a Mediator has expired. The Court hereby extends the deadline to select a mediator to January 17, 2017. If a stipulation selecting a mediator is not filed by Tuesday, January 17, 2017, the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Court's Mediator listing and shall issue a text notice notifying the parties of the Mediator's identity. Any questions regarding selection of a mediator should be directed to: Nicole Eallonardo, ADR Administrator, at 315-234-8563. Authorized by U.S. Magistrate Judge Andrew T. Baxter on 1/9/2017. (nmk) |
|
Filing 36
ORDER REFERRING CASE to Mandatory Mediation Program. Deadline for Mediator Selection is 1/3/2017. Deadline for completion of Mandatory Mediation is 2/28/2017. Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/1/2016. (mae)
|
| Filing 35 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and amendment of pleadings is 2/28/2017. Deadline for completion of Mandatory Mediation is 2/28/2017. Discovery cutoff is 5/1/2017 (deadline for any expert disclosure(s) by plaintiff is 1/31/2017; deadline for any expert disclosure(s) by defendant(s) is 3/17/2017; any rebuttal disclosures may be served on or before 4/3/2017). Substantive motions may be filed by 7/7/2017. Trial Ready Deadline is 10/31/2017. Anticipated length of trial: 5-7 days. Jury Trial set for 11/14/2017 at 10:00 a.m. in Albany before Senior Judge Lawrence E. Kahn. Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/1/2016. (mae) |
| TEXT NOTICE of Hearing: A telephonic status conference is set for 2/13/2017 at 1:30 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line.(mae) |
| Text Minute Entry for telephonic Rule 16 conference held before U.S. Magistrate Judge Andrew T. Baxter on 10/31/2016: Judge Baxter asks defense counsel if he has reviewed Dunton issues with his clients and directs that, once counsel is satisfied that the individual defendants are comfortable with joint representation, a letter to that effect be electronically filed. Mandatory Disclosures have been exchanged. Pretrial deadlines set as follows: joinder of parties/amendment of pleadings deadline set to 2/28/2017; mandatory mediation session(s) to be completed by 2/28/2017; discovery deadline set to 5/1/2017; dispositive motion filing deadline set to 7/7/2017. Scheduling order to be issued on behalf of Judge Kahn. Judge Baxter discusses his prior decision regarding discovery of personnel files in civil rights actions, which will be e-mailed to counsel for their reference in this action. A telephonic status conference is set for 2/13/2017 at 1:30 p.m. Appearances: Karen H. Charrington, Esq. for plaintiff; David H. Walsh, Esq. for defendants. Time: 2:00 p.m. - 2:16 p.m. (Minor v. Curley e-mailed to counsel) (mae) |
| Filing 34 CIVIL CASE MANAGEMENT PLAN by James E. Brown. (Charrington, Karen) |
| Filing 33 TEXT ORDER granting #32 Letter Request. The telephonic Rule 16 conference set for 11/2/2016 is rescheduled to 10/31/2016 at 2:00 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is reminded to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. The joint Civil Case Management Plan is to be filed on or before 10/26/2016. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/17/2016. (mae) |
| Filing 32 Request/ Letter Motion from David H. Walsh, Esq. for Robert A. Bauer, Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department requesting Adjournment of a scheduled Rule 16 conference on November 2, 2016 submitted to Judge Hon. Andrew T. Baxter . (Walsh, David) |
| TEXT NOTICE of Hearing: A telephonic Rule 16 conference is set for 11/2/2016 at 10:30 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. The joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/26/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mae) |
| Filing 31 ANSWER to #30 Amended Complaint, filed by Robert A. Bauer, Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department.(Walsh, David) |
| ***Answer due date updated for Robert A. Bauer answer due 9/23/2016; Chapman answer due 9/23/2016; Nicholas Loconte answer due 9/23/2016. (mgh) |
| Filing 30 FIRST AMENDED COMPLAINT against Robert A. Bauer, Chapman, John Doe(Police Officer), John Doe(Sergeant), John Doe 1-6, John Does(s), Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department filed by James E. Brown. (Charrington, Karen) |
|
Filing 29
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to Dismiss (Dkt. No. 10) is GRANTED in part as to claims against Oneida County and its departments, claims of supervisory liability, and attorney fees, and DENIED in part, as to Plaintiffs claims of malicious prosecution, false arrest, and unlawful strip search against the individual Defendants in their individual capacities; and it is further ORDERED, that Defendants Motion to Dismiss (Dkt. No. 10) is DENIED as moot in part as to all New York state law tort claims and claims of malicious abuse of process; and it is further ORDERED, that Oneida County, Oneida County District Attorneys Office, Oneida County Police Department, Oneida County Sheriffs Department, Oneida County Correctional Facility, and Sergeant John Doe are terminated as Defendants; and it is further ORDERED, that Plaintiffs Motion to Amend (Dkt. No. 19) is GRANTED; and it is furtherORDERED, that Plaintiff file an amended complaint within thirty (30) days consistent with this Memorandum-Decision and Order that will be deemed the operative pleading in this action. Signed by Senior Judge Lawrence E. Kahn on August 12, 2016. (sas)
|
|
Filing 28
STIPULATION AND ORDER that the action against The Town of Marcy is terminated. Signed by Senior Judge Lawrence E. Kahn on January 27, 2016. (sas)
|
| Filing 27 AFFIDAVIT Certificate of Service by Town of Marcy. (Graham, Richard) |
| Filing 26 STIPULATION of Dismissal by Town of Marcy submitted to Judge Lawrence E. Kahn. (Graham, Richard) |
| Filing 25 STATUS REPORT by Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department. (Walsh, David) |
| TEXT NOTICE: Counsel for the Oneida County defendants is directed to promptly submit a status report in accordance with Judge Baxter's 11/12/2015 text order (Dkt. No. 21). (mae) |
| Filing 24 Letter from Richard J. Graham for Town of Marcy submitted to Magistrate Judge Andrew T. Baxter in response to the court's 21 Text Order. (Graham, Richard) Modified on 12/23/2015 (mae) |
| Filing 23 NOTICE of Appearance by Richard J. Graham on behalf of Town of Marcy (Graham, Richard) |
| Filing 22 MEMORANDUM OF LAW re #20 Response in Opposition to Motion filed by Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department. (Attachments: #1 Exhibit(s) Exhibit A - Commitment to Local Criminal Court)(Walsh, David) |
| Filing 21 TEXT ORDER re #19 Plaintiff's Letter Motion To Amend Complaint and #20 Plaintiff's Response in Opposition to Defendants' Motion to Dismiss. By 11/18/2015, defendants shall advise the court (1) whether they object to the filing of plaintiff's proposed amended complaint (which deletes numerous causes of action and some defendants) and (2) whether defendants' pending motion to dismiss would be mooted by the proposed amended complaint or whether the motion to dismiss, as supplemented by any defense reply, would appropriately address the remaining causes of action and defendants in the proposed amended complaint. Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/12/2015. (Baxter, Andrew) |
| Filing 20 RESPONSE in Opposition re #10 MOTION to Dismiss all claims filed by James E. Brown. (Attachments: #1 Exhibit(s) 1)(Charrington, Karen) |
| Filing 19 Letter Motion from Karen H. Charrington, Esq., for Plaintiff for James E. Brown requesting Amend Complaint submitted to Judge Lawrence E. Kahn . (Attachments: #1 Exhibit(s) 1)(Charrington, Karen) |
|
Filing 18
LETTER REQUEST and ORDER granting plaintiff's #17 Request for an extension of time to respond re #10 MOTION to Dismiss. Response to Motion due by 11/10/2015. Reply to Response to Motion due by 11/18/2015. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on November 03, 2015. (sas)
|
| Filing 17 Letter Motion from Karen H. Charrington, Esq. for James E. Brown requesting Extension of time to file Response to Motion to Dismiss on Consent submitted to Judge Hon. Lawrence E. Kahn . (Charrington, Karen) |
| Filing 16 NOTICE of Appearance by Charles C. Spagnoli on behalf of Town of Marcy (Spagnoli, Charles) |
| Filing 15 NOTICE of Appearance by Frank W. Miller on behalf of Town of Marcy (Miller, Frank) (Main Document 15 replaced to flatten on 10/28/2015) (mgh) |
| Filing 14 TEXT ORDER: On 10/16/2015 plaintiff's counsel filed proof of service of the summons and complaint upon the Marcy defendants which asserted that service was completed on 9/16/2015. Dkt. No. #11 . The time for defendants Town of Marcy and the Mrcy Police Department to file an answer or otherwise move has expired. Pursuant to Local Rule 55.1, plaintiff may request a clerk's entry of default or, in the alternative, plaintiff is directed to file a status report by 11/5/2015. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/22/2015. (mae) |
| ***Answer due date updated for Town of Marcy answer due 10/7/2015; Town of Marcy Police Department answer due 10/7/2015. (mgh) |
| Filing 13 AFFIDAVIT of Service for General Order 25 served on Oneida County, Oneida County District Attorneys Office, Bauer, Loconte, Oneida County Correctional Facility, C.O Chapman, Oneida County Sheriff's Dept., On attorney for the parties David Walsh, Esq. on October 16, 2015, filed by James E. Brown. (Charrington, Karen) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on Oneida County Sheriff's Dept., C.O. Chapman, Oneida County Correctional Facility on September 25, 2015, filed by James E. Brown. (Charrington, Karen) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Marcy police dept, Oneida County District Attorney,Oneida County, Nicholas Loconte, Robert A. Bauer and Town of Marcy on September 16, 2015, filed by James E. Brown. (Charrington, Karen) |
| Filing 10 MOTION to Dismiss all claims Motion Hearing set for 11/20/2015 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 11/3/2015 Reply to Response to Motion due by 11/9/2015. filed by Robert A. Bauer, Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department. (Attachments: #1 Memorandum of Law) (Walsh, David) |
| Filing 9 TEXT ORDER granting #8 letter request: The deadline for Robert A. Bauer, Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department; and Oneida County Sheriff's Department to answer or move in response to the complaint is extended to 10/14/2015. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/7/2015. (mae) |
| Filing 8 Letter Motion from David Walsh, Esq. for Robert A. Bauer, Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department requesting Extension to Answer or Move submitted to Judge Andrew T. Baxter . (Walsh, David) |
| Filing 7 NOTICE of Appearance by David H. Walsh, IV on behalf of Robert A. Bauer, Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department (Walsh, David) |
| Filing 6 TEXT ORDER re #5 status report: Plaintiff is granted an extension of time, until 10/23/2015, to complete service in this matter. If proof of service has not been filed by 10/23/2015, a further status report shall be submitted by that date. In light of the delay in service, the Rule 16 conference and related case management plan and mandatory disclosure deadlines are adjourned without date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/24/2015. (mae) |
| Filing 5 STATUS REPORT Extension of Time to Serve Request by James E. Brown. (Charrington, Karen) |
| Filing 4 TEXT ORDER: The 60 day time frame within which the Summons, Complaint, and G.O. 25 Filing Order were to be served upon the named defendants has expired. Plaintiff is to advise the court of the status of this action IN WRITING by 9/28/2015. If service has been completed, proper proof of such service shall be filed. If service has not been completed, plaintiff may submit a written request for an extension of such time. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/21/2015. (mae) |
| TEXT NOTICE:Although the plaintiff herein has named John Does 1-6 and other John Does, in the Complaint, the Clerk's Office will not issue summonses for service of process on a "John Doe" defendant at this time. In the event plainitff wishes to pursue the claims against these defendants, plainitff shall take reasonable steps to ascertain their identities. When plainitff 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 summons will be issued at that time.(khr) (khr, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/13/2015 11:30 AM before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxters chambers can be reached at 315-234-8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/6/2015. (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) |
| Filing 2 Summons Issued to Nicholas Loconte (Attachments: #1 Summons to Oneida County Corectional Facility, #2 Summons Oneida County District Attorney, #3 Summons Oneida County Police Department, #4 Summons Oneida County Sheriff's Department, #5 Summons Oneida County, #6 Summons Robert A. Bauer, #7 Summons Town of Marcy Police Dept., #8 Summons Town of Marcy, #9 Summons Office Chapman)(khr) (Attachment 9 replaced on 7/16/2015) (khr, ). |
| Filing 1 COMPLAINT against Robert A. Bauer, Correction's Officer Chapman, Nicholas Loconte, Oneida County, Oneida County Correctional Facility, Oneida County District Attorney's Office, Oneida County Police Department, Oneida County Sheriff's Department, Town of Marcy, Town of Marcy Police Department, John Doe(Officer), John Doe(Sergeant), John Doe 1-6, John Does(s), (Filing fee $400 receipt number 0206-3346779) filed by James E. Brown. (Attachments: #1 Civil Cover Sheet)(khr) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
