Karam v. Utica City School District et al
| Bruce J. Karam |
| Utica City School District, Board of Education of the Utica City School District, Joseph Hobika, Jr., Danielle N. Padula, Tennille Knoop, James Paul and Brian Nolan |
| 6:2023cv00020 |
| January 4, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Contract: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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| Filing 50 RESPONSE in Support re #47 MOTION to Amend/Correct #21 Answer to Complaint, filed by Joseph Hobika, Jr. filed by Danielle N. Padula. (Oren, Zachary) |
| Filing 49 CERTIFICATE OF SERVICE by Joseph Hobika, Jr re #47 MOTION to Amend/Correct #21 Answer to Complaint, filed by Joseph Hobika, Jr. (Berry, Martha) |
| Filing 48 TEXT ORDER formally referring #47 Defendant Hobika's motion to amend the #21 answer to the complaint to U.S. Magistrate Judge Andrew T. Baxter. District courts within the Second Circuit are divided with regard to whether a motion to amend a pleading is dispositive. See, e.g., South Buffalo Development, LLC v. PVS Chem. Solutions, Inc., 21-CV-1184, 2023 WL 3713840, at *2 (W.D.N.Y. May 30, 2023) (collecting cases); Adsit v. Annucci, 16-CV-0817, 2017 WL 11712226, at *1 (N.D.N.Y. Oct. 2, 2017) (Hummel, M.J.) (collecting cases). Out of an abundance of caution (in the event the Second Circuit were to answer this question in the affirmative), the Court refers Defendant Hobika's motion to amend to Magistrate Judge Baxter in the interest of judicial economy. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 6/22/2023. (sal) |
| Filing 47 MOTION to Amend/Correct #21 Answer to Complaint, filed by Joseph Hobika, Jr. Response to Motion due by 7/12/2023 (Attachments: #1 Affirmation Attorney Affirmation in support of motion to amend answer, #2 Exhibit(s) State Court Decision, #3 Exhibit(s) Proposed Amended Answer, #4 Memorandum of Law Memo of Law in Support of Motion to amend answer) Motions referred to Andrew T. Baxter. (Berry, Martha) |
| Filing 46 CERTIFICATE OF SERVICE by Danielle N. Padula re #45 Reply to Response to Motion, (Oren, Zachary) |
| Filing 45 REPLY to Response to Motion re #35 MOTION for Judgment on the Pleadings filed by Danielle N. Padula. Motion returnable before Judge Suddaby filed by Danielle N. Padula. (Attachments: #1 Exhibit(s) - 1 Padula Aff., #2 Exhibit(s) - Supreme Court DOJ on Article 78, #3 Memorandum of Law)(Oren, Zachary) |
| Filing 44 TEXT ORDER granting #43 letter-motion requesting an extension of time to file a reply on or before May 30, 2023 to Defendant Danielle N. Padula's #35 Motion for Judgment on the Pleadings. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 5/10/2023. (sal ) |
| Filing 43 Letter Motion from Zachary C. Oren for Danielle N. Padula requesting an eleven day extension for Defendant Padula to file her reply, making the new deadline May 29, 2023 submitted to Judge Suddaby . (Oren, Zachary) |
| Filing 42 RESPONSE in Opposition re #35 MOTION for Judgment on the Pleadings filed by Danielle N. Padula. Motion returnable before Judge Suddaby filed by Bruce J. Karam. (Facciponte, Giancarlo) |
| Filing 41 REPLY to Response to Motion re #26 MOTION to Dismiss Plaintiff's Complaint filed by Board of Education of the Utica City School District, Brian Nolan, Utica City School District. Motion returnable before Judge Hon. Glenn T. Suddaby Reply Declaration in Support of Motion to Dismiss filed by Board of Education of the Utica City School District, Brian Nolan, Utica City School District. (Attachments: #1 Exhibit(s) E to Priore Declaration, #2 Memorandum of Law)(Priore, Christopher) |
| Filing 40 TEXT ORDER granting #39 letter-motion from the District Defendants requesting an extension of time to file a reply to the #26 Motion to Dismiss, not to exceed 20 pages, on or before 5/11/2023. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 5/1/2023. (sal) |
| Filing 39 Letter Motion from Christopher A. Priore, Esq. for Board of Education of the Utica City School District, Brian Nolan, Utica City School District requesting Extension of Time to File Reply and Page Limit Extension submitted to Judge Baxter/Suddaby . (Priore, Christopher) |
| Filing 38 MEMORANDUM OF LAW re #26 Motion to Dismiss, Opposition to Motion to Dismiss filed by Bruce J. Karam. (Attachments: #1 Exhibit(s) Exhibit 1)(Facciponte, Giancarlo) |
| Filing 37 NOTICE OF APPEARANCE by Benjamin Mehic on behalf of Board of Education of the Utica City School District, Brian Nolan, Utica City School District (Mehic, Benjamin) |
| Filing 36 CERTIFICATE OF SERVICE by Danielle N. Padula re #35 MOTION for Judgment on the Pleadings filed by Danielle N. Padula. Motion returnable before Judge Suddaby (Oren, Zachary) |
| Filing 35 MOTION for Judgment on the Pleadings filed by Danielle N. Padula. Motion returnable before Judge Suddaby Response to Motion due by 5/11/2023. Reply to Response to Motion due by 5/18/2023 (Attachments: #1 Memorandum of Law) (Oren, Zachary) |
| Filing 34 TEXT ORDER granting in part Plaintiff's #32 letter-motion, to the extent it requests (1) an extension of time to respond to the District's #26 Motion to Dismiss Plaintiff's Complaint on or before 4/28/2023, and (2) is provided a page extension to 50 pages. Any reply to Plaintiff's #26 Motion to Dismiss is now due to be filed on or before 5/4/2023. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 4/18/2023. (sal) |
| Filing 33 TEXT ORDER granting in part Defendant Danielle N. Padula's #31 letter-motion requesting an extension of the page limit for the memorandum of law to be filed in support of her anticipated FRCP 12 (c) motion such that it will not exceed 50 pages of text. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 4/18/2023. (sal ) |
| Filing 32 Letter Motion from Plaintiff for Bruce J. Karam requesting Extension to Respond to District's Motion to Dismiss, Objection to Padula's Request for Page Limit Increase submitted to Judge Baxter . (Facciponte, Giancarlo) |
| Filing 31 Letter Motion from Zachary C. Oren for Danielle N. Padula requesting a thirty (30) page extension to Defendant Padula's MOL in support of her FRCP 12 (c) motion such that it will not exceed 55 pages of text submitted to Judge Suddaby . (Attachments: #1 Exhibit(s) - 1 MOL draft Table of Contents)(Oren, Zachary) |
| Filing 30 TEXT ORDER: Granting #29 Letter Request. The deadline is stayed for individual school board member defendants to file third-party complaints as of right until the pending and anticipated early dispositive motions are resolved. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/14/2023. (kmc) |
| Filing 29 Letter Motion from Zachary C. Oren for Danielle N. Padula requesting to stay the deadline for all of the individual School Board Member (Hobika, Paul, Knoop and Padula) Defendants to file any third party complaints as of right under FRCP 14 until the District Court adjudicates all of the FRCP 12 motions submitted to Judge Baxter . (Oren, Zachary) |
| Filing 28 TEXT ORDER: Granting #27 Letter Request. The Rule 16 conference set for 4/6/2023 and the 4/13/2023 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 #26 motion to dismiss and the anticipated motions. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/4/2023. (kmc) |
| Filing 27 Letter Motion from Zachary C. Oren for Danielle N. Padula requesting that the Court stay the FRCP 16 conference and related deadlines pending adjudication of all FRCP 12 motions that will be or are filed in the above captioned matter submitted to Judge Baxter . (Oren, Zachary) |
| Filing 26 MOTION to Dismiss Plaintiff's Complaint filed by Board of Education of the Utica City School District, Brian Nolan, Utica City School District. Motion returnable before Judge Hon. Glenn T. Suddaby Response to Motion due by 4/20/2023. Reply to Response to Motion due by 4/27/2023 (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Memorandum of Law) (Priore, Christopher) |
| Filing 25 CERTIFICATE OF SERVICE by Tennille Knoop (Calli, William) |
| Filing 24 ANSWER to #1 Complaint, With Affirmative Defense, Jury Trial Demanded by Tennille Knoop. (Attachments: #1 Exhibit(s) Employment Contract, #2 Exhibit(s) Hobika State Court Affidavit, #3 Exhibit(s) School District Investigation Report, #4 Exhibit(s) Letter noticing Appeal, #5 Exhibit(s) Plaintiff Preliminary Statement, #6 Exhibit(s) Rome Sentinel Article, #7 Exhibit(s) Observer Dispatch Article, #8 Exhibit(s) October 12, 2022 Correspondence)(Calli, William) |
| Filing 23 CERTIFICATE OF SERVICE by Danielle N. Padula re #22 Answer to Complaint, (Oren, Zachary) |
| Filing 22 ANSWER to #1 Complaint, by Danielle N. Padula. (Attachments: #1 Exhibit(s) - A Employment Contract, #2 Exhibit(s) - B Hobika Aff., #3 Exhibit(s) - C Pettitt Investigative Report, #4 Exhibit(s) - D Letter Notice of Appeal, #5 Exhibit(s) - E Article 78 State Court Petition, #6 Exhibit(s) - F Rome Sentinal Newspaper Article, #7 Exhibit(s) - G OD Newspaper Article, #8 Exhibit(s) - H October 12, 2022 Letter)(Oren, Zachary) |
| ***Answer due date terminated for Joseph Hobika, Jr., and Danielle N. Padula. (map) |
| ***Answer due date terminated for Tennille Knoop. (map) |
| Filing 21 ANSWER to #1 Complaint, by Joseph Hobika, Jr. (Attachments: #1 Exhibit(s) Exhibit A Article 78 Petition, #2 Exhibit(s) Hobika Affidavit and Exhibits, #3 Exhibit(s) Article 78 Order, #4 Exhibit(s) Contract, #5 Exhibit(s) Investigative Report, #6 Exhibit(s) Appeal letter, #7 Exhibit(s) Newspaper Article, #8 Exhibit(s) Newspaper Article)(Berry, Martha) |
| Filing 20 ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by James Paul. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Starczewski, Gregg) |
| ***Answer due date terminated for James Paul. (map) |
| Filing 19 TEXT ORDER granting #18 letter-motion from Christopher A. Priore for Board of Education of the Utica City School District, Brian Nolan, and Utica City School District requesting leave to exceed the page limit for Memorandum of Law in support of the anticipated Motion to Dismiss, which shall not exceed forty pages. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 3/22/2023. (sal ) |
| Filing 18 Letter Motion from Christopher A. Priore for Board of Education of the Utica City School District, Brian Nolan, Utica City School District requesting seeking leave to page limit for Memorandum of Law submitted to Judge Andrew T. Baxter . (Priore, Christopher) |
| Filing 17 TEXT ORDER: Granting #16 Letter Request for an extension of time to respond or otherwise answer the complaint. Board of Education of the Utica City School District answer due 3/30/2023; Joseph Hobika, Jr answer due 3/30/2023; Tennille Knoop answer due 3/30/2023; Brian Nolan answer due 3/30/2023; Danielle N. Padula answer due 3/30/2023; James Paul answer due 3/30/2023; Utica City School District answer due 3/30/2023. A Joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/6/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 conference is reset for 4/13/2023 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/27/2023. (kmc) |
| Filing 16 Letter Motion from Martha L. Berry, Esq. for Joseph Hobika, Jr requesting extension of time for all defendants to answer, move, plead or otherwise appear to March 30, 2023 submitted to Judge Magistrate Judge Baxter . (Berry, Martha) |
| Filing 15 NOTICE of Appearance by Michael A. Arcuri on behalf of Danielle N. Padula (Arcuri, Michael) |
| Filing 14 NOTICE of Appearance by Dominique Terese Arcuri on behalf of Danielle N. Padula (Arcuri, Dominique) |
Filing 13
ORDER approving #10 Stipulation to extend time for Defendant Joseph Hobika, Jr. to answer. Joseph Hobika, Jr answer due 3/3/2023. Signed by US Magistrate Judge Andrew T. Baxter on 1/25/23. (lmw)
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| Filing 12 NOTICE of Appearance by Gregg A. Starczewski on behalf of James Paul (Starczewski, Gregg) |
| Filing 11 LETTER filed by Herbert J. Cully (Attachments: #1 summons In a Civil Action)(Calli, William) |
| Filing 10 Letter Motion from Martha L. Berry, Esq. for Joseph Hobika, Jr requesting Extension of Time to Answer submitted to Judge Baxter . (Attachments: #1 Proposed Order/Judgment Stipulation to Extend Time to Answer)(Berry, Martha) |
| Filing 9 TEXT ORDER: Granting the #8 Letter Request. The deadline for defendant Danielle N. Padula to answer or otherwise respond to the Complaint is extended to March 3, 2023. SO ORDERED by US Magistrate Judge Andrew T. Baxter on January 24, 2023. (rep) |
| Filing 8 Letter Motion from Zachary C. Oren for Danielle N. Padula requesting that Defendant Padula's deadline to answer or otherwise respond to the Complaint be reset to March 3, 2023 submitted to Judge Baxter . (Oren, Zachary) |
| Filing 7 NOTICE of Appearance by Zachary C. Oren on behalf of Danielle N. Padula (Oren, Zachary) |
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Filing 6
ORDER: Approving the #5 Stipulation to extend time to answer. The answer deadline for Defendants Board of Education of the Utica City School District, Brian Nolan, and Utica City School District is extended to 3/3/2023. Signed by US Magistrate Judge Andrew T. Baxter on January 20, 2023. (rep)
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| Filing 5 STIPULATION to Extend Time by Board of Education of the Utica City School District, Brian Nolan, Utica City School District submitted to Judge Glenn Suddaby. (Priore, Christopher) |
| Filing 4 NOTICE of Appearance by Christopher A. Priore on behalf of Board of Education of the Utica City School District, Brian Nolan, Utica City School District (Priore, Christopher) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 4/6/2023 10:00 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 3/30/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) |
| Filing 2 Summons Issued as to Board of Education of the Utica City School District, Joseph Hobika, Jr, Tennille Knoop, Brian Nolan, Danielle N. Padula, James Paul, Utica City School District. (Attachments: #1 Summons issued as to Board of Education of the Utica City School District, #2 Summons issued as to Joseph Hobika, Jr., #3 Summons issued as to Danielle N. Padula, #4 Summons issued as to Tennille Knoop, #5 Summons issued as to James Paul, #6 Summons issued as to Brian Nolan)(ztc) |
| Filing 1 COMPLAINT with JURY DEMAND against Utica City School District, Board of Education of the Utica City School District, Joseph Hobika, Jr, Danielle N. Padula, Tennille Knoop, James Paul, and Brian Nolan. (Filing fee $402 receipt number ANYNDC-6149642) filed by Bruce J. Karam. (Attachments: #1 Civil Cover Sheet)(ztc) |
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