Johnson et al v. New York State Police, et al
| Robbie C. Johnson and Ashley E. Russell |
| New York State Police, New York State Trooper Robert C. Annarino, Oneida County Sheriffs Deputy Emrah Latic, AmCare Ambulance Service, Paul W. Taylor and The County of Oneida |
| 6:2022cv00343 |
| April 12, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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Filing 40
NOTICE of Appearance by Robert J. Rock on behalf of New York State Police, New York State Trooper Robert C. Annarino (Rock, Robert)
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Filing 39
REPLY to Response to Motion re #30 MOTION to Dismiss for Failure to State a Claim filed by Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida. Motion returnable before Judge Baxter filed by Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida. (Walsh, David)
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Filing 38
ORDER granting the #37 Letter Request requesting Extension of time to file a reply to the #30 MOTION to Dismiss. Reply to Response to Motion due by 8/26/2022. Signed by Judge David N. Hurd on 8/12/2022. (amt)
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Filing 37
Letter Motion from Defendant County of Oneida for Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida requesting Extension submitted to Judge Baxter . (Walsh, David)
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Filing 36
MEMORANDUM OF LAW re #30 Motion to Dismiss for Failure to State a Claim, Opposition filed by Robbie C. Johnson. (Moore, Jonathan)
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Filing 35
MEMORANDUM OF LAW re #29 Motion to Dismiss, Opposition filed by Robbie C. Johnson. (Moore, Jonathan)
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Filing 34
ORDER: The #33 Motion for Extension of Time to File a Response to the #29 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim and the #30 MOTION to Dismiss for Failure to State a Claim is hereby GRANTED. Response to the #29 and #30 Motions due by: 8/8/2022. Reply to Response to the #29 and #30 Motions due by 8/15/2022. Signed by U.S. District Judge David N. Hurd on 06/28/2022. (map)
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Filing 33
First MOTION for Extension of Time to File Response/Reply to Motions to Dismiss to August 8, 2022 filed by Robbie C. Johnson. Response to Motion due by 7/19/2022 Motions referred to Andrew T. Baxter. (Batkin, Liza)
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Filing 32
ANSWER to #1 Complaint,,, by AmCare Ambulance Service, Paul W. Taylor.(Williams, Steven)
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Filing 31
TEXT ORDER: The Rule 16 conference set for 7/13/2022 and 7/6/2022 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #29 #30 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/17/2022. (kmc)
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Filing 30
MOTION to Dismiss for Failure to State a Claim filed by Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida. Motion returnable before Judge Baxter Response to Motion due by 7/7/2022. Reply to Response to Motion due by 7/14/2022 (Attachments: #1 Memorandum of Law) (Walsh, David)
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Filing 29
MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim filed by New York State Police, New York State Trooper Robert C. Annarino. Motion returnable before Judge Hurd Response to Motion due by 7/6/2022. Reply to Response to Motion due by 7/13/2022 (Attachments: #1 Memorandum of Law) (Hummel, Christopher)
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Filing 28
SUMMONS Returned Executed by Ashley E. Russell, Robbie C. Johnson. New York State Trooper Robert C. Annarino served on 4/22/2022, answer due 6/17/2022. (Moore, Jonathan)
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Filing 27
SUMMONS Returned Executed by Ashley E. Russell, Robbie C. Johnson. The County of Oneida served on 4/21/2022, answer due 6/17/2022. (Moore, Jonathan)
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Filing 26
SUMMONS Returned Executed by Ashley E. Russell, Robbie C. Johnson. Oneida County Sheriffs Deputy Emrah Latic served on 4/21/2021, answer due 6/17/2022. (Moore, Jonathan)
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Filing 25
SUMMONS Returned Executed by Ashley E. Russell, Robbie C. Johnson. AmCare Ambulance Service served on 4/21/2022, answer due 6/17/2022. (Moore, Jonathan)
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Filing 24
SUMMONS Returned Executed by Ashley E. Russell, Robbie C. Johnson. Paul W. Taylor served on 4/21/2022, answer due 6/17/2022. (Moore, Jonathan)
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Filing 23
TEXT ORDER: Granting #21 #22 Letter Request for an extension of time to respond or otherwise answer the complaint. AmCare Ambulance Service answer due 6/17/2022; Oneida County Sheriffs Deputy Emrah Latic answer due 6/17/2022; Paul W. Taylor answer due 6/17/2022; The County of Oneida answer due 6/17/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/13/2022. (kmc)
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Filing 22
Letter Motion from Defendants for Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida requesting Extension submitted to Judge Baxter . (Walsh, David)
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Filing 21
Letter Motion from Steve W. Williams for AmCare Ambulance Service, Paul W. Taylor requesting extension of time to answer the complaint to June 17, 2022 submitted to Judge Baxter . (Williams, Steven)
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Filing 20
TEXT ORDER: Granting #19 Letter Request for an extension of time to respond or otherwise answer the complaint. New York State Police answer due 6/17/2022; New York State Trooper Robert C. Annarino answer due 6/17/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/12/2022. (kmc)
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Filing 19
Letter Motion from Christopher J. Hummel for New York State Police, New York State Trooper Robert C. Annarino requesting an extension of time to respond to the complaint to June 17, 2022 submitted to Judge Baxter on consent of Plaintiff's counsel and the County Defendants' counsel. (Hummel, Christopher)
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Filing 18
SUMMONS Returned Executed by Ashley E. Russell, Robbie C. Johnson. New York State Police served on 4/20/2022, answer due 5/11/2022. (Moore, Jonathan)
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Filing 17
NOTICE of Appearance by Steven W. Williams on behalf of AmCare Ambulance Service, Paul W. Taylor (Williams, Steven)
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Filing 16
NOTICE of Appearance by Liza Batkin on behalf of All Plaintiffs (Batkin, Liza)
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Filing 15
NOTICE of Appearance by Sarah J. Gelsomino on behalf of All Plaintiffs (Gelsomino, Sarah)
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Filing 14
NOTICE of Appearance by Terry H. Gilbert on behalf of All Plaintiffs (Gilbert, Terry)
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Filing 13
NOTICE of Appearance by Daniel Cartwright on behalf of Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida (Cartwright, Daniel)
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Filing 12
NOTICE of Appearance by David H. Walsh, IV on behalf of Oneida County Sheriffs Deputy Emrah Latic, The County of Oneida (Walsh, David)
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Filing 11
TEXT ORDER: Granting #8 Motion for Limited Admission Pro Hac Vice of Liza Batkin. 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-nextgen. Attorney Batkin is hereby admitted to practice in this action on behalf of plaintiffs. 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 U.S. Magistrate Judge Andrew T. Baxter on 4/22/2022. (kmc)
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Filing 10
TEXT ORDER: Granting #7 Motion for Limited Admission Pro Hac Vice of Terry Gilbert. 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-nextgen. Attorney Gilbert is hereby admitted to practice in this action on behalf of plaintiffs. 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 U.S. Magistrate Judge Andrew T. Baxter on 4/22/2022. (kmc)
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Filing 9
TEXT ORDER: Granting #6 Motion for Limited Admission Pro Hac Vice of Sarah Gelsomino. 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-nextgen. Attorney Gelsomino is hereby admitted to practice in this action on behalf of plaintiffs. 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 U.S. Magistrate Judge Andrew T. Baxter on 4/22/2022. (kmc)
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Filing 8
MOTION for Limited Admission Pro Hac Vice of Liza Batkin Filing fee $100, receipt number ANYNDC-5877458. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Moore, Jonathan)
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Filing 7
MOTION for Limited Admission Pro Hac Vice of Terry Gilbert Filing fee $100, receipt number ANYNDC-5877446. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Declaration, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Moore, Jonathan)
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Filing 6
MOTION for Limited Admission Pro Hac Vice of Sarah Gelsomino Filing fee $100, receipt number ANYNDC-5877422. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Affirmation, #5 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Moore, Jonathan)
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Filing 5
Summons Issued as to AmCare Ambulance Service, New York State Police, New York State Trooper Robert C. Annarino, Oneida County Sheriffs Deputy Emrah Latic, Paul W. Taylor, The County of Oneida. (Attachments: #1 Summons Issued: Paul Taylor, #2 Summons Issued: New York State Police, #3 Summons Issued: The County of Oneida, #4 Summons Issued: New York State Trooper Robert C. Annarino, #5 Summons Issued: AmCare Ambulance Service)(map)
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CLERK'S CORRECTION OF DOCKET ENTRY regarding the #1 Complaint and attachments. Per the Text Notice of Filing Deficiency Counsel was instructed to provide a redacted version of the Civil Complaint, Civil Cover Sheet, and all Proposed Summons. Counsel has provided the Court with redacted versions and the Court has added documents to the #1 Complaint docket entry. Clerk has also issued corrected proposed summons. Text Notice of Filing Deficiency Deadline is Terminated. (map)
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 7/13/2022 at 10:00 AM before U.S. Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/6/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map)
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Filing 3
NOTICE OF ADMISSION REQUIREMENT as to Plaintiff's Counsel Sarah Gelsomino, Esq. & Terry Gilbert, Esq., Phone number listed as: 212-241-1430. Admissions due by 4/26/2022. [Clerk served Counsel Notices via regular mail on 4/12/2022] (Attachments: #1 Notice of Attorney Admission Requirement: Terry Gilbert, Esq.)(map)
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Filing 2
NOTICE OF ADMISSION REQUIREMENT as to Plaintiff's Counsel Liza Batkin, Esq., Phone number listed as: 212-490-0400. Admissions due by 4/26/2022. [Clerk served Counsel by direct mail on 4/12/2022](map)
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TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Complaint and attached Proposed Summonses,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Summonses will not be issued until receipt of the redacted Complaint and Summonses. Notice of Filing Deficiency Deadline: 4/15/2022 (map)
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CLERK'S CORRECTION OF DOCKET ENTRY: Clerk added Proposed Summonses as attachments to the #1 Complaint With Jury Demand docket entry. (map)
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Filing 1
COMPLAINT WITH JURY DEMAND against AmCare Ambulance Service, New York State Police, County of Oneida, New York State Trooper Robert C. Annarino, Oneida County Sheriffs Deputy Emrah Latic, Paul W. Taylor (Filing fee $402 receipt number ANYNDC-5868280) filed by Robbie C. Johnson, Ashley E. Russell. (Attachments: #1 Civil Cover Sheet)(map) (Additional attachment(s) added on 4/12/2022: #2 Proposed Summons: AmCare Ambulance Service, #3 Proposed Summons: The County of Oneida, #4 Proposed Summons: New York State Police, #5 Proposed Summons: Oneida County Sheriff's Deputy Emrah Latic, #6 Proposed Summons: New York State Trooper Robert C. Annarino, #7 Proposed Summons: Paul Taylor) (map)
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