Nuccio v. Duve
Plaintiff: Stephen Nuccio
Defendant: Nicole Duve
Case Number: 7:2013cv01556
Filed: December 17, 2013
Court: US District Court for the Northern District of New York
Office: Watertown Office
County: St. Lawrence
Presiding Judge: Mae A D'Agostino
Referring Judge: Therese Wiley Dancks
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2019 Filing 43 JUDGMENT in favor of Stephen Nuccio against Nicole Duve. (Attachments: #1 Appeal Notice) (ban)
May 20, 2019 Filing 42 STATUS REPORT (plaintiff does not object to entry of final judgment at this time) by Stephen Nuccio. (Maloney, James)
April 16, 2019 Opinion or Order Filing 41 STIPULATION AND ORDER OF DISCONTINUANCE and for Attorney's Fees. Signed by U.S. District Judge Mae A. D'Agostino on 4/16/2019. (ban)
April 15, 2019 Opinion or Order Filing 40 STIPULATION and Order(Proposed) by Nicole Duve submitted to Judge Mae E. D'Agostino. (Murad, John)
April 1, 2019 Opinion or Order Filing 39 TEXT ORDER granting #38 Letter Request for extension of time for defendant to file stipulation of discontinuance or answer. Defendant's time to respond to the complaint or file stipulation of discontinuance extended to 4/15/2019. No further extensions will be granted for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/1/2019. (sg)
March 29, 2019 Filing 38 Joint Letter MOTION for Extension of Time to File Stipulation of Discontinuance filed by Stephen Nuccio. Motions referred to Therese Wiley Dancks. (Maloney, James) Modified on 4/1/2019 (sg, ).
March 27, 2019 Opinion or Order Filing 37 TEXT ORDER: Court reviewed letter request (Dkt. No. #36 ) for extension of time for defendant to file response to complaint which is granted in light of counsel's representation that the matter has settled. Defendant's time to respond to the complaint is extended to 3/29/2019. Alternatively, parties to file stipulation of discontinuance by 3/29/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/25/2019. (sg)
March 22, 2019 Filing 36 Letter Motion from John L. Murad, Jr. for Nicole Duve requesting Extention submitted to Judge Hon. Dancks . (Murad, John)
February 7, 2019 Opinion or Order Filing 35 TEXT ORDER: Court reviewed letter motion (Dkt. No. #34 ) for extension which provides no good cause reason for the request. However, Court will grant the motion. Defendant's answer or motion due 3/22/2019. The Rule 16 conference and related dates will be rescheduled by separate Text Notice. Any further requests for extension must show good cause for the request. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/6/2019. (sg)
February 7, 2019 TEXT NOTICE -RESCHEDULING OF R. 16 CONFERENCE: the Telephone Initial Conference has been RESCHEDULED for 5/2/2019 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel shall initiate the call as directed in General Order 25. Civil Case Management Plan must be filed by 4/25/2019 and Mandatory Disclosures are to be exchanged by the parties on or before 4/25/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg)
February 6, 2019 Filing 34 Letter Motion from John L. Murad, Jr. for Nicole Duve requesting Adjournment of Order deadlines submitted to Judge Therese Wiley Dancks . (Murad, John)
January 29, 2019 TEXT NOTICE -RESCHEDULING OF THE R. 16 INITIAL CONFERENCE: The Telephone Initial Conference has been RESCHEDULED for 3/15/2019 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to coordinate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line for the call. Civil Case Management Plan must be filed by 3/8/2019 and Mandatory Disclosures are to be exchanged by the parties on or before 3/8/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg)
January 28, 2019 Filing 33 TEXT ORDER REOPENING CASE and LIFTING STAY: The Court is in receipt of the status report [Dkt. No. 32] filed by the Plaintiff on January 28, 2019; It is hereby ORDERED that the Stay entered in this case on 3/16/15 is hereby lifted; and it is further ORDERED that this case be Reopened; The defendant shall file an Answer, or otherwise move in response to the complaint, on or before 2/19/2019. Signed by U.S. District Judge Mae A. D'Agostino on 1/28/19. (ban)
January 28, 2019 Filing 32 STATUS REPORT following final outcome of Maloney v. Singas by Stephen Nuccio. (Attachments: #1 Exhibit(s) Finding of Fact and Conclusions of Law in Maloney v. Singas)(Maloney, James)
March 27, 2018 Filing 31 Letter Motion from Zachary M. Mattison, Esq. for Nicole Duve requesting removal from case submitted to Judge Dancks . (Mattison, Zachary)
March 13, 2018 Filing 30 NOTICE of Appearance by John L. Murad, Jr on behalf of Nicole Duve (Murad, John)
March 11, 2018 Filing 29 STATUS REPORT by Stephen Nuccio. (Maloney, James)
January 19, 2017 Filing 28 STATUS REPORT re: bench trial held in Maloney case by Stephen Nuccio. (Maloney, James)
September 21, 2015 Filing 27 STATUS REPORT by Stephen Nuccio. (Attachments: #1 Appendix)(Maloney, James)
March 16, 2015 Filing 26 MINUTE ORDER Statistically Closing Action pending resolution of Maloney v. Rice 03-cv-786 (E.D.N.Y). Signed by U.S. District Judge Mae A. D'Agostino on 3/16/15. (ban)
March 16, 2015 Filing 25 MEMORANDUM-DECISION AND ORDER denying #15 Motion to Dismiss; granting #15 Motion to Stay: The Court hereby ORDERS that Defendant's motion to dismiss is DENIED; and the ORDERS that Defendant's motion to stay is GRANTED; and the Court further ORDERS proceedings in this Court are STAYED pending final resolution of Maloney v. Rice, No. 03-cv-00786 (E.D.N.Y.); and the Court further ORDERS that the parties are hereby directed to contact the Court when further developments in Maloney v. Rice warrant reactivation of this litigation, and that any party may reopen the action by advising the Court in writing that a final resolution of Maloney v. Rice has been obtained. Signed by U.S. District Judge Mae A. D'Agostino on 3/16/15. (ban)
June 20, 2014 Filing 24 REPLY to Response to Motion re #15 MOTION to Dismiss pursuant to the first-filed doctrine MOTION to Stay , in the alternative filed by Nicole Duve. (Attachments: #1 Declaration of Zachary M. Mattison, #2 Exhibit(s) 1 to the Declaration of Zachary M. Mattison, #3 Certificate of Service)(Mattison, Zachary)
June 13, 2014 Filing 23 CERTIFICATE OF SERVICE by Stephen Nuccio re #20 Affidavit in Opposition to Motion, #22 Affidavit in Opposition to Motion, #19 Notice of Appearance, #21 Memorandum of Law (Weissbach, Carolyn)
June 13, 2014 Filing 22 AFFIDAVIT in Opposition re #15 MOTION to Dismiss pursuant to the first-filed doctrine MOTION to Stay , in the alternative filed by Stephen Nuccio. (Attachments: #1 Exhibit(s))(Weissbach, Carolyn)
June 13, 2014 Filing 21 MEMORANDUM OF LAW re #15 Motion to Dismiss, Motion to Stay,,,, filed by Stephen Nuccio. (Attachments: #1 Appendix)(Weissbach, Carolyn)
June 13, 2014 Filing 20 AFFIDAVIT in Opposition re #15 MOTION to Dismiss pursuant to the first-filed doctrine MOTION to Stay , in the alternative filed by Stephen Nuccio. (Weissbach, Carolyn)
June 13, 2014 Filing 19 NOTICE of Appearance by Carolyn E. Weissbach on behalf of Stephen Nuccio (Weissbach, Carolyn)
May 9, 2014 Filing 18 TEXT ORDER granting #17 Letter Request to adjourn the return date and deadlines as to Defendant's motion to dismiss #15 : The #15 Motion to Dismiss dates are reset as follows; Return date is reset for 7/1/14 (ON SUBMIT) before Judge D'Agostino; Response due 6/13/14; Reply 6/20/14. Signed by U.S. District Judge Mae A. D'Agostino on 5/9/14. (ban)
May 9, 2014 Reset Deadlines as to #15 MOTION to Dismiss pursuant to the first-filed doctrine MOTION to Stay , in the alternative: The Motion Hearing is reset for 7/1/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 6/13/2014, Reply to Response to Motion due by 6/20/2014. (ban)
May 8, 2014 Filing 17 Letter Motion from James M. Maloney for Stephen Nuccio requesting adjournment of return date on motion submitted to Judge D'Agostino and Magistrate Judge Dancks, see Docket Entry 15 et seq. (Maloney, James)
May 2, 2014 Filing 16 Letter Motion from Zachary M. Mattison for Nicole Duve requesting adjournment of Rule 16 conference, CCMP filing deadline and mandatory disclosures deadline submitted to Judge Magistrate Judge Therese Wiley Dancks . (Mattison, Zachary)
May 2, 2014 Opinion or Order TEXT ORDER granting #16 Letter Request. The Rule 16 Conference scheduled for 5/12/2014 is adjourned without date pending a decision on the #15 Motion to Dismiss. The deadlines to submit a Civil Case Management plan and to exchange Rule 26 Disclosures are also adjourned. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/2/14. (rjb, )
April 29, 2014 Filing 15 MOTION to Dismiss pursuant to the first-filed doctrine ( Reply to Response to Motion due by 5/23/2014.), MOTION to Stay , in the alternative Motion Hearing set for 6/3/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/19/2014 filed by Nicole Duve. (Attachments: #1 Declaration of Zachary M. Mattison, #2 Exhibit(s) 1 to the Declaration of Zachary M. Mattison, #3 Exhibit(s) 2 to the Declaration of Zachary M. Mattison, #4 Exhibit(s) 3 to the Declaration of Zachary M. Mattison, #5 Memorandum of Law, #6 Certificate of Service) Motions referred to Therese Wiley Dancks. (Mattison, Zachary)
March 14, 2014 Opinion or Order Filing 14 TEXT ORDER granting #12 Letter Request and approving #13 Stipulation - Nicole Duve answer due 4/30/2014. No further extensions will be granted absent good cause shown. The Initial Conference set for 4/2/2014 is rescheduled for 5/12/2014 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 5/5/2014. (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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/14/14. (rjb, )
March 13, 2014 Filing 13 STIPULATION extending time to respond by Nicole Duve submitted to Judge Therese Wiley Dancks. (Mattison, Zachary)
March 13, 2014 Filing 12 Joint Letter Motion from Zachary M. Mattison for Nicole Duve requesting adjournment of Rule 16, and extension of filing deadline for CCMP and mandatory disclosures submitted to Judge Therese Wiley Dancks . (Mattison, Zachary)
January 29, 2014 Filing 11 CERTIFICATE OF SERVICE by Stephen Nuccio re #5 Notice (Other) (CORRECTED Certificate of Service) (Attachments: #1 Exhibit(s) 1 (acknowledgment))(Maloney, James)
January 28, 2014 Opinion or Order Filing 10 TEXT ORDER approving #7 Stipulation - Answer due date updated for Nicole Duve, answer due 3/31/2014. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/14. (rjb, )
January 28, 2014 Filing 9 CERTIFICATE OF SERVICE by Stephen Nuccio re #5 Notice (Other) to the extent required by Rule 5.1 of the Federal Rules of Civil Procedure, served by email on on January 22, 2014, and by Certified Mail, Return Receipt Requested on January 28, 2014 (Maloney, James)
January 27, 2014 Filing 8 WAIVER OF SERVICE Returned Executed by Stephen Nuccio. Nicole Duve waiver sent on 12/20/2013, answer due 2/18/2014. (Maloney, James)
January 24, 2014 Filing 7 STIPULATION re #1 Complaint by Nicole Duve submitted to Judge Therese Wiley Dancks. (Attachments: #1 Certificate of Service)(Mattison, Zachary)
January 24, 2014 Filing 6 NOTICE of Appearance by Zachary M. Mattison on behalf of Nicole Duve (Attachments: #1 Certificate of Service)(Mattison, Zachary)
January 22, 2014 Filing 5 NOTICE by Stephen Nuccio re #1 Complaint (Notice to the extent required by Rule 5.1 of the Federal Rules of Civil Procedure) (Maloney, James)
December 19, 2013 Filing 4 REQUEST FOR WAIVER of Service sent to Nicole Duve on 12/19/2013 by Stephen Nuccio. Waiver of Service due by 1/21/2014. (Maloney, James)
December 18, 2013 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/2/2014 at 09:30 AM by telephone 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 3/26/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
December 18, 2013 Filing 2 Summons Issued as to Nicole Duve. (see)
December 17, 2013 Filing 1 COMPLAINT against Nicole Duve (Filing fee $400 receipt number 0206-2791138) filed by Stephen Nuccio. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(see)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Nuccio v. Duve
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Stephen Nuccio
Represented By: James M. Maloney
Represented By: Carolyn E. Weissbach
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nicole Duve
Represented By: Zachary M. Mattison
Represented By: John L. Murad, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?