Khiemdavanh v. City of Utica, New York et al
| City of Utica, New York, City of Utica Police Department, Utica Police Officer Bryce Patterson, John Doe and John and Jane Does |
| Savon T. Khiemdavanh |
| Utica Police Officer Andrew Mornetti |
| 6:2023cv01537 |
| December 7, 2023 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Anne M Nardacci |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.
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Filing 12
TEXT STATUS REPORT ORDER: Defendants' counsel to file joint status report by 5/3/2024 re: whether R. 33 and 34 Requests have been timely served and responded to, status of discovery and any discovery issues, and depositions scheduled, if any. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/22/2024. (sg)
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Filing 11
ORDER Pursuant to Dunton v. County of Suffolk: City of Utica Corporation Counsel's Office shall inform each defendant of the circumstances under which a potential conflict may exist as set forth in this Order. New counsel must file an appearance or affidavits waiving conflict must be filed no later than 2/22/2024 as directed herein. Signed by Magistrate Judge Therese Wiley Dancks on 1/22/2024. (sg)
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Filing 10
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days, to be held at Albany NY. Joinder of Parties due by 4/15/2024. Amended Pleadings due by 4/15/2024. Plaintiffs Expert Disclosure Deadline is 8/2/2024. Defendants Expert Disclosure Deadline is 9/17/2024. Rebuttal Expert Disclosure Deadline is 10/2/2024. Discovery due by 11/1/2024. Discovery Motions due 11/15/2024. Dispositive Motions to be filed by 12/16/2024. Mandatory Mediation is deferred at this time (not opted out). Signed by Magistrate Judge Therese Wiley Dancks on 1/22/2024. (sg)
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 1/22/2024. Appearances: Norman Deep, Esq. for Plaintiff; Zachary Oren, Esq. for Defendants. Court reviews Civil Case Management Plan. Rule 26 Disclosures completed. Court discusses possible discontinuance as to defendant City of Utica Police Department. Stipulation of discontinuance or status report as to why the parties can't agree to be filed by 2/12/2024. Stipulated protective order to be submitted for Court approval by 3/8/2024. Court will issue a Dunton Order re: jointly represented defendants. After discussion, Mandatory Mediation is deferred at this time and will be revisited with counsel in the future. Pretrial deadlines are established, a scheduling order will be issued. Court is available for a settlement conference at any time during the course of the case, at the parties' request. (sg ) |
| ***PLEASE READ - IMPORTANT TEXT NOTICE FROM THE COURT re: the 1/22/2024 9:30am Telephone Initial Conference: Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 314 225 457 to connect to the conference. (sg ) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN Joint by City of Utica Police Department, City of Utica, New York, Andrew Mornetti, Bryce Patterson. (Oren, Zachary) |
| Filing 8 ANSWER to #5 Answer to Complaint, Counterclaim by Savon T. Khiemdavanh.(Deep, Norman) |
| Filing 7 NOTICE OF APPEARANCE by Norman P. Deep on behalf of Savon T. Khiemdavanh (Deep, Norman) |
| Filing 6 CERTIFICATE OF SERVICE by City of Utica Police Department, City of Utica, New York, Andrew Mornetti, Bryce Patterson re #1 Notice of Removal, #4 Notice of Admission Requirement, #2 State Court Complaint, #3 G.O. 25 Filing Order, #5 Answer to Complaint, Counterclaim (Oren, Zachary) |
| Filing 5 ANSWER to Complaint , COUNTERCLAIM against Khiemdavanh by Mornetti against Savon T. Khiemdavanh by Bryce Patterson, Andrew Mornetti, City of Utica Police Department, City of Utica, New York.(Oren, Zachary) |
| ***Answer due date updated for Savon T. Khiemdavanh answer to counterclaims due 12/29/2023. (khr) Modified on 12/27/2023 (sg, ). |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Norman P. Deep, Esq., email address is Norman.deep@aol.com. Phone number is (315)-725-2008. Admissions due by 12/21/2023. Copy served upon plaintiff's attorney via email and regular mail 12/7/2023.(kck) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/22/2024 09:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/16/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Copy served upon plaintiff's attorney via email and regular mail.(kck) |
| Filing 2 STATE COURT COMPLAINT WITH JURY DEMAND AND EXHIBIT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court - Oneida County. (kck) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - Oneida County, case number 2023-003024 (Filing fee $405 receipt number ANYNDC-6537397) filed by City of Utica, New York, City of Utica Police Department, Andrew Mornetti and Bryce Patterson.(Attachments: #1 Exhibit(s) State Court Summons and Complaint and Exhibit, #2 Civil Cover Sheet)(kck) |
| ***Answer deadline set for City of Utica, New York, City of Utica Police Department, Andrew Mornetti and Bryce Patterson to 12/14/2023. (kck) |
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