Kuiken v. County of Hamilton et al
| Robert Kuiken |
| County of Hamilton, Michael Tracy, Sean O'Brien, J.W. Loomis, John Doe(s) and Jane Doe(s) |
| 6:2022cv01157 |
| November 7, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.
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Filing 14
RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim filed by County of Hamilton, J.W. Loomis, Sean O'Brien. Motion returnable before Judge David N. Hurd filed by Robert Kuiken. (Bosman, AJ)
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Filing 13
MOTION to Dismiss for Failure to State a Claim filed by County of Hamilton, J.W. Loomis, Sean O'Brien. Motion returnable before Judge David N. Hurd Response to Motion due by 1/6/2023. Reply to Response to Motion due by 1/13/2023 (Attachments: #1 Affidavit Attorney Affidavit in Support of Motion to Dismiss the Amended Complaint, #2 Exhibit(s) Exhibit A, #3 Memorandum of Law, #4 Certificate of Service) (Groudine, Stephen)
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Filing 12
Summons Issued as to Michael Tracy. (pjh, )
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS(ES): Robert Kuiken is requesting summons(es) be issued as to Michael Tracy (Bosman, AJ)
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TEXT NOTICE: Although the plaintiff herein has named John Doe/Jane Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe/Jane Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe/Jane Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (see)
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TEXT NOTICE OF FILING DEFICIENCY regarding the #8 Amended Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons for defendant Michael Tracy ONLY was not included with the Amended Complaint. This defendant has not made an appearance in this removal case. Counsel is directed to file proposed summons on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 12/13/2022 (see)
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Filing 10
TEXT ORDER TERMINATING PENDING MOTION TO DISMISS AS MOOT UPON FILING OF AMENDED COMPLAINT. Pursuant to the order of the Hon. David N. Hurd, the pending at Dkt. No. #6 Motion to Dismiss is hereby deemed MOOT upon plaintiff's filing of an amended complaint at Dkt. No #8 . Parties are further directed refile an appropriate motion to dismiss directed at the amended complaint Dkt. No #8 or to contact the chambers of the Hon. Andrew T. Baxter, USMJ for re-scheduling of the Rule 16 Conference and all related discovery deadlines. So Ordered by Judge David N. Hurd on 12/7/2022. (ptm)
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***Answer due date updated for County of Hamilton answer due 12/27/2022; J.W. Loomis answer due 12/27/2022; Sean O'Brien answer due 12/27/2022. (pjh, )
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Filing 9
RESPONSE in Opposition re #6 MOTION to Dismiss for Failure to State a Claim filed by County of Hamilton, J.W. Loomis, Sean O'Brien. Motion returnable before Judge David N. Hurd filed by Robert Kuiken. (Bosman, AJ)
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Filing 8
AMENDED COMPLAINT filed as of right against All Defendants filed by Robert Kuiken.(Bosman, AJ)
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CLERK'S CORRECTION OF DOCKET ENTRY: Clerk added the redacted Exhibit A to the #6 Motion to Dismiss for Failure to State a Claim. (pjh, )
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Filing 7
TEXT ORDER: The Rule 16 conference set for 12/7/2022 at 11:30 AM and the 11/30/2022 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 Dkt. #6 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/15/2022. (gmd)
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Filing 6
MOTION to Dismiss for Failure to State a Claim filed by County of Hamilton, J.W. Loomis, Sean O'Brien. Motion returnable before Judge David N. Hurd Response to Motion due by 12/5/2022. Reply to Response to Motion due by 12/12/2022 (Attachments: #1 Affidavit, #2 Exhibit(s) A - Trial Waiver and Plea Agreement and Certificate of Disposition, #3 Memorandum of Law, #4 Certificate of Service) (Groudine, Stephen) (Additional attachment(s) added on 11/18/2022: #5 Redacted Exhibit A) (pjh, ).
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Filing 5
NOTICE of Appearance by Stephen M. Groudine on behalf of County of Hamilton, J.W. Loomis, Sean O'Brien (Attachments: #1 Certificate of Service)(Groudine, Stephen)
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TEXT NOTICE OF FILING DEFICIENCY regarding Exhibit A of the #6 MOTION to Dismiss for Failure to State a Claim filed by County of Hamilton, J.W. Loomis, Sean O'Brien. Motion returnable before Judge David N. Hurd 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. Notice of Filing Deficiency Deadline 11/17/2022. (pjh, )
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Filing 4
CERTIFICATE OF SERVICE by County of Hamilton (SERVICE OF NOTICE OF REMOVAL, CIVIL COVER SHEET, AND GENERAL ORDER #25 ON PLAINTIFF BY FIRST CLASS MAIL) (Murphy, Thomas)
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***Answer due date updated for County of Hamilton answer due 11/14/2022. (pjh, )
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 12/7/2022 at 11:30 AM before US 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 11/30/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
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Filing 2
STATE COURT COMPLAINT filed by Plaintiff in Hamilton County Supreme Court. (pjh, )
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Filing 1
NOTICE OF REMOVAL from Hamilton County Supreme Court, case number EH2022-7701 (Filing fee $402 receipt number ANYNDC-6092799) filed by County of Hamilton. (Attachments: #1 State Court Summons and Complaint, #2 Civil Cover Sheet)(pjh, )
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