Arquiette v. United States of America et al
Plaintiff Sondra Arquiett alleged that Defendant United States of America and US Drug Enforcement Agency agent Timothy Sinnigen violated Plaintiff's constitutional rights by creating an unauthorized Facebook account in her name to initiate communications with criminal suspects and other persons known to the Plaintiff.
| Sondra Arquiette |
| United States of America and Timothy Sinnigen |
| 7:2013cv00752 |
| June 27, 2013 |
| US District Court for the Northern District of New York |
| Watertown Office |
| Jefferson |
| Therese Wiley Dancks |
| Thomas J. McAvoy |
| Civil Rights: Other |
| 28:1346 Tort Claim |
| Plaintiff |
Docket Report
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| Filing 41 STIPULATION for Voluntary Dismissal, Compromise Settlement and Release of Claims by United States of America submitted to Judge McAvoy. (Folster Lesperance, Karen) |
| Filing 40 ***SEALED DOCUMENT by John D. Hoggan, Esq. for plaintiff. (sg ) |
Filing 39
TEXT ORDER: Court has reviewed 38 Letter Motion regarding sealing request, which is granted. The Clerk is directed to file under seal Plaintiff's status report dated 1/6/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/8/2015. (sg )
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| Filing 38 Letter Motion from Karen Folster Lesperance, AUSA for Timothy Sinnigen, United States of America requesting that plaintiff's January 6 status report be filed under seal submitted to Judge Dancks . (Folster Lesperance, Karen) |
| Filing 37 NOTICE of Change of Address by John D. Hoggan, Jr Effective Date 11/28/2014 Old Address: Law Office of John Hoggan, PLLC, 90 State Street, Suite 1440, Albany, NY 12207 New Address: Law Office of John Hoggan, PLLC, 2 Wall Street, Suite 3, Albany, NY 12205 (Hoggan, John) |
| Set Deadlines: Status Report due from Plaintiff by 1/5/2015. Deadline for completion of Mandatory Mediation is extended tp 2/20/2015. (sg ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 11/14/2014. Appearances: John Hoggan, Jr., Esq. for Plaintiff; and AUSA Karen Folster Lesperance for Defendant. Counsel advise Court on status of discovery. Initial disclosures have been exchanged. Plaintiff's demands have been served. Defendant has not yet served demands. Defendant to serve Rule 33 and 34 demands by 11/21/2014. Defendant to serve responses to Plaintiff's Rule 33 and 34 demands by 12/5/2014. Court advises parties to prepare a proposed order with respect to the Facebook account and have a draft to the Court by 11/21/2014. Mediation deadline is extended to 2/20/2015. Plaintiff to file a status report by 1/5/2015 with respect to settlement negotiations. (FTR Recorded: 10:05AM-10:18AM) (sg, ) |
| Filing 36 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Bernard J. Malone 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: Karen Folster Lesperance and John Hoggan. Dated: October 6, 2014(Folster Lesperance, Karen) |
| CRD Ligas set JURY TRIAL deadline for 10/14/2015 at 10:00 AM in Albany, NY before Senior District Judge Thomas J. McAvoy as set forth in 34 Uniform Pretrial Order (cml) |
| TEXT NOTICE of Hearing: Telephone Status Conference set for 11/14/2014 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel is directed to initiate the call and should contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference.(sg ) |
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Filing 35
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/6/2014. Deadline for completion of Mandatory Mediation is 1/2/2015. Signed by Magistrate Judge Therese Wiley Dancks on 9/4/2014. (sg )
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Filing 34
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 26 Disclosures to be exchanged by 9/19/2014. Rule 33 and 34 Requests to be served by 10/3/2014. Anticipated length of trial: 3 days (Jury Trial). Preferred Trial Location: Albany NY. Joinder of Parties due by 10/3/2014. Amended Pleadings due by 10/3/2014. This action has been referred into the Pilot Mandatory Mediation Program. Deadline for completion of Mandatory Mediation is 1/2/2015. Expert Reports: No later than 3/2/2015 Plaintiff shall identify experts; no later than 4/14/2015 Defendant(S) shall identify any experts; and no later than 4/29/2014 rebuttal due. Discovery due by 5/29/2015. Discovery Motions due 6/12/2015. Dispositive Motions to be filed by 7/31/2015. Trial Ready deadline 10/1/2015. Signed by Magistrate Judge Therese Wiley Dancks on 9/4/2014. (sg )
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| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 9/4/2014. Appearances: John Hoggan, Esq. for Plaintiff; AUSA Karen Folster Lesperance for Defendants. Rule 26 Disclosures have not been completed, Court sets completion deadline of 9/19/14. Forensic expert anticipated. Court explains Mandatory Mediation Program and advises a separate referral order will be issued. Pretrial deadlines are established, a scheduling order will be issued. (FTR Recorded: 12:02PM - 12:20PM) (sg ) |
| Filing 33 CIVIL CASE MANAGEMENT PLAN by Sondra Arquiette. (Hoggan, John) |
| TEXT NOTICE of Hearing CHANGE: Due to a change in the court's calendar, the telephonic initial conference set for 9/2/2014 is RESCHEDULED tr 9/4/2014 at 12:00 p.m. before Magistrate Judge Therese Wiley Dancks. Plaintiff's attorney is reminded to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (mae) |
| Filing 32 ANSWER to 1 Complaint by Timothy Sinnigen, United States of America. (Attachments: # 1 Certificate of Service)(Folster Lesperance, Karen) |
| TEXT NOTICE of Hearing: Initial Conference set for 9/2/2014 at 10:00 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 8/26/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. (rjb, ) |
| Filing 31 *** SEALED DOCUMENT - ORDER GRANTING IN PART / DENYING IN PART defendants' 19 motion to dismiss. Pltf's Bivens claim that Deft Sinnigen violated pltf's 5th Amendment equal protection & 8th Amendment Rights is dismissed w/ prejudice. The motion is GRANTED w/out prejudice with respect to Plaintiff's 3rd cause of action in prima facie tort. The motion is DENIED in all other respects. Plaintiff may file an amended Complaint w/in 20 days that raises appropriate allegations w/ respect to Pltf's 3rd cause of action; Signed by Sr. District Judge Thomas J. McAvoy dtd 6/19/2014 (cml) (cml, ). |
| Minute Entry: MOTION CALENDAR held 5/12/2014 bef Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: L. Tennyson; CRD/mp. Defts' 19 MOTION to Dismiss for Failure to State a Claim and/or on Qualified Immunity Grounds - TAKEN ON SUBMIT. (cml) |
| TEXT NOTICE to parties advising that the pending motion for 5/12/14 is on submit basis, no appearances required. (sfp, ) |
| Filing 30 DEFTS' CERTIFICATE OF SERVICE by Timothy Sinnigen & United States of America re: Govt's 29 Reply Response (cml) |
| Filing 29 *** DEFTS SEALED DOCUMENT -- REPLY Memorandum of Law by Timothy Sinnigen & United States of America in support of 19 motion to dismiss -- maintained in Clerk's Office & not available for electronic viewing (cml) |
| Minute Entry: MOTION CALENDAR held 4/14/2014 bef Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: None; CR: T. Casal; CRD/mp. Defts USA & Sinnigen's 19 MOTION to Dismiss for Failure to State a Claim and/or on Qualified Immunity Grounds - ADJOURNED until 5/12/14 in Albany. (cml) |
| Reset Deadlines: Deft's 19 MOTION to Dismiss is adjourned to Judge McAvoy's 5/12/14 Motion Calendar at 10 AM in Albany. Reply to Response to Motion due by 5/1/2014. (sfp, ) |
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Filing 28
TEXT STIPULATION AND ORDER granting 27 Stipulation to adjourn Deft's 19 Motion to Dismiss to Judge McAvoy's 5/12/14 Motion Calendar at 10 AM in Albany. Reply papers due 5/1/14. This is the last adjournment to be granted. Authorized by Senior Judge Thomas J. McAvoy on 4/4/14. (sfp, )
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| Filing 27 STIPULATION Requesting Order Adjourning return date on Defendant's Motion to Dismiss by Timothy Sinnigen, United States of America submitted to Judge McAvoy. (Folster Lesperance, Karen) |
| Filing 26 *** PLTF'S SEALED DOCUMENT by Sondra Arquiette substituting Exhibit 5 photo of Sondra Arquiette Affidavit attached to Pltf's 24 motion to dismiss -- maintained in Clerk's Office & not available for electronic viewing (cml) |
| Minute Entry: MOTION CALENDAR held 3/28/2014 bef Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; CRD/cml. Defts' 19 MOTION to Dismiss for Failure to State a Claim & on Qualified Immunity Grounds - ADJOURNED until 4/14/14 in Albany. (cml) |
| Filing 25 *** SEALED DOCUMENT - SEALING ORDER sealing documents 19 & 24 ; Signed by Sr. District Judge Thomas J. McAvoy dtd 3/27/2014 - maintained in Clerk's Office & not available for electronic viewing (cml) |
| Filing 24 *** SEALED DOCUMENT - PLTF Arquiette's Atty Affirmation of John Hoggan, Jr. Esq. in support of sealing Defense 19 motion / dismiss - maintained in Clerk's Office & not available for electronic viewing (cml) (Attachments: # 1 Exhibit 1, # 2 Memorandum of Law, # 3 Declaration of Kimberly M. Zimmer, Esq. # 4 Declaration of John D. Hoggan, Jr., Esq., # 5 Affidavit of Sondra Arquiett) (cml) Documents added on 3/27/2014 by CRD Ligas (cml) |
| Reset Deadlines: Deft's 19 MOTION to Dismiss is adjourned to Judge McAvoy's 4/14/14 Motion Calendar at 10 AM in Albany. Response to Motion due by 3/28/2014. Reply to Response to Motion due by 4/3/2014. (sfp, ) |
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Filing 23
TEXT STIPULATION AND ORDER granting 22 Stipulation to adjourn Deft's 19 Motion to Dismiss to Judge McAvoy's 4/14/14 Motion Calendar at 10 AM in Albany. Respone papers due 3/28/14. Reply papers due 4/3/14. Authorized by Senior Judge Thomas J. McAvoy on 3/12/14. (sfp, )
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| Filing 22 STIPULATION re 19 MOTION to Dismiss for Failure to State a Claim and on Qualified Immunity Grounds, 21 Stipulation and Order, by Sondra Arquiette submitted to Judge McAvoy. (Hoggan, John) |
| Minute Entry: MOTION CALENDAR held 2/28/2014 bef Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP: None; CR: V. Theleman; CRD/cml. Defts' 19 MOTION to Dismiss for Failure to State a Claim & on Qualified Immunity Grounds - ADJOURNED until 3/28/14 in Binghamton. (cml) |
| Reset Deadlines: Deft's 19 MOTION to Dismiss is adjourned to Judge McAvoy's 3/28/14 Motion Calendar at 10 AM in Binghamton, NY. Response to Motion due by 3/11/2014. Reply to Response to Motion due by 3/18/2014. (sfp, ) |
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Filing 21
STIPULATION AND ORDER granting 20 Stipulation to adjourn Deft's 19 Motion to Dismiss to Judge McAvoy's 3/28/14 Motion Calendar at 10 AM in Binghamton, NY. Response to motion is due by 3/11/14. Reply to motion is due by 3/18/14. Authorized by Senior Judge Thomas J. McAvoy on 2/12/14. (sfp, )
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| Filing 20 STIPULATION re 19 MOTION to Dismiss for Failure to State a Claim and on Qualified Immunity Grounds Adjourning Return Date of Motion by Sondra Arquiette submitted to Judge McAvoy. (Hoggan, John) |
| TEXT NOTICE: The Rule 16 Conference scheduled for 1/22/2014 is adjourned without date. The conference will be rescheduled, if necessary, once a decision has been issued on the pending Motion to Dismiss. (rjb, ) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim and on Qualified Immunity Grounds Motion Hearing set for 2/28/2014 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 2/11/2014 Reply to Response to Motion due by 2/18/2014. filed by Timothy Sinnigen, United States of America. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Karen Folster Lesperance, AUSA, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Certificate of Service) (Folster Lesperance, Karen) MOTION SEALED pursuant to TJM 25 Order on 3/27/2014 (cml) |
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Filing 18
TEXT ORDER granting 17 Letter Request - Timothy Sinnigen answer due 1/13/2014; United States of America answer due 1/13/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/9/14. (rjb, )
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| Filing 17 Letter Motion from Karen Folster Lesperance AUSA for Timothy Sinnigen, United States of America requesting an extension until January 13, 2014 of Defendant's time to answer or move submitted to Judge Dancks . (Folster Lesperance, Karen) |
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Filing 16
TEXT ORDER granting 15 Letter Request - Timothy Sinnigen answer due 1/8/2014; United States of America answer due 1/8/2014. The Initial Conference set for 12/20/2013 is rescheduled for 1/22/2014 at 10:00 AM before Magistrate Judge Therese Wiley Dancks; Civil Case Management Plan due by 1/15/2014. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/9/13. (rjb, )
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| Filing 15 Letter Motion from Karen Folster Lesperance for Timothy Sinnigen, United States of America requesting extension of time to file Answer submitted to Judge Therese Wiley Dancks . (Folster Lesperance, Karen) |
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Filing 14
TEXT ORDER: The Court has reviewed Dkt. No. 13. Letter request is granted. Timothy Sinnigen answer due 12/9/2013; United States of America answer due 12/9/2013. The Initial Conference set for 11/4/2013 is rescheduled for 12/20/2013 at 10:00 AM before Magistrate Judge Therese Wiley Dancks; Civil Case Management Plan due by 12/13/2013. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/30/13. (rjb, )
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| Filing 13 Letter Motion from Karen Folster Lesperance, AUSA for Timothy Sinnigen, United States of America requesting extension of time to Answer submitted to Judge Dancks . (Folster Lesperance, Karen) |
| Filing 12 CERTIFICATE OF SERVICE by Sondra Arquiette re 11 Certificate of Service, Summons Returned Executed Additional Service upon T. Sinnigen (Hoggan, John) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The date of service and answer deadline set by the filing of the 11 Certificate of Service/Summons Returned Executed was modified. The date of delivery listed on the document was 9/12/2013. The entry incorrectly stated the date of delivery was 9/11/2013. (amt) |
| ***Answer due date updated for Timothy Sinnigen; answer due 10/3/2013. (amt) |
| Filing 11 CERTIFICATE OF SERVICE by Sondra Arquiette , SUMMONS Returned Executed by Sondra Arquiette. Timothy Sinnigen served on 9/12/2013, answer due 10/3/2013. (Hoggan, John) Modified on 10/8/2013 (amt). |
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Filing 10
TEXT ORDER: The Court has reviewed letter motion (Dkt. No. 9) on behalf of Defendant USA requesting additional time to answer complaint. Letter motion granted such that Defendant USA's answer shall be due 10/18/2013 regardless of whether co-defendant has been served as of that date. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/18/13. (rjb, )
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| Filing 9 Letter Motion from Karen Folster Lesperance, AUSA for United States of America requesting adjournment of the government's time to answer complaint submitted to Judge Wiley Dancks . (Folster Lesperance, Karen) |
| Filing 8 NOTICE of Appearance by Karen Folster Lesperance on behalf of United States of America (Folster Lesperance, Karen) |
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Filing 7
TEXT ORDER granting 6 Letter Request. Initial Conference set for 9/25/2013 is rescheduled for 11/4/2013 at 09:30 AM before Magistrate Judge Therese Wiley Dancks; Civil Case Management Plan due by 10/28/2013. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/10/13. (rjb, )
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| Filing 6 Letter Motion from Kimberly M. Zimmer for Sondra Arquiette requesting adjournment of September 25, 2013 conference and adjournment of Civil Case Management Plan submitted to Judge Dancks . (Zimmer, Kimberly) |
| ***Answer due date updated for United States of America; answer due 9/14/2013. (amt) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on United States of America on 7/16/2013, filed by Sondra Arquiette. (Attachments: # 1 Affidavit Proof of Service on Attorney General)(Hoggan, John) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 TELEPHONE Conference set for 9/25/2013 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan due by 9/11/2013. (amt) |
| Filing 3 Summons Issued as to Timothy Sinnigen. (amt) |
| Filing 2 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (Attachments: # 1 US Attorney General summons)(amt) |
| Filing 1 COMPLAINT against Timothy Sinnigen, United States of America (Filing fee $400 receipt number 2597537) filed by Sondra Arquiette. (Attachments: # 1 Civil Cover Sheet)(amt) |
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