Passino v. The City of Plattsburgh et al
| Bryce Passino |
| Adam Wood, Nathan Kasprzak, The City of Plattsburgh and Richard Tucker |
| David R. Homer and Randolph F. Treece |
| 8:2017cv01028 |
| September 15, 2017 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| Clinton |
| Frederick J Scullin |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 85
STIPULATION and ORDER FOR DISCONTINUANCE. Signed by Magistrate Judge Daniel J. Stewart on 8/9/2021. (mab)
|
| Filing 84 STIPULATION of Discontinuance by Nathan Kasprzak, The City of Plattsburgh, Randolph F. Treece, Richard Tucker, Adam Wood submitted to Judge Stewart. (Aspland, John) |
|
Filing 83
TEXT ORDER: Counsel are directed to file a Stipulation of Dismissal or advise as to the status of settlement by August 13, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/13/2021. (mab)
|
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Conference held on 7/12/2021. Appearances: Plaintiff Bryce Passino and Kevin Luibrand, Esq.; John Aspland, Esq. for Defendants. The Court has been advised by counsel that the matter has settled. Terms of settlement placed on the record. After hearing from Plaintiff and both counsel, the Court is satisfied that Plaintiff has entered into settlement knowingly and voluntarily. The Jury Trial scheduled to begin on 7/19/2021 at 9:00 AM is ADJOURNED. Counsel to finalize settlement documents with 30 days. Transcript of available upon request. (TIME: 3:32PM-3:41PM). (Court Reporter: Lisa Tennyson). (mab) |
| Filing 82 Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Final Pretrial Telephone Conference held on 7/8/2021. Appearances: Kevin Luibrand, Esq. for Plaintiff; John Aspland, Esq. for Defendants. The Court held a final conference to address the trial scheduled to being on 7/19/2021 in this matter. Court discusses the process of jury selection and other logistics. Counsel advise that they working on stipulating to exhibits and will provide the Court with the appropriate copy sets. The Court goes off the record to discuss settlement with counsel. Jury Trial to proceed on 7/19/2021 at 9:00 AM. (TIME: 9:02AM-9:42AM). (Court Reporter: Lisa Tennyson) (mab) |
|
Filing 81
TEXT ORDER: Counsel are directed to appear for a Pretrial Telephone Conference on July 9, 2021 at 9:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/8/2021. (mab)
|
| Filing 80 RESPONSE TO LETTER BRIEF filed by Bryce Passino as to #79 Letter Request/Motion filed by Adam Wood, The City of Plattsburgh, Richard Tucker, Nathan Kasprzak . (Luibrand, Kevin) |
| Filing 79 Letter Motion from Stephanie McDermott for Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood requesting Trial be continued to depose new witnesses submitted to Judge Stewart . (McDermott, Stephanie) |
|
Filing 78
DECISION and ORDER: It is hereby ORDERED that the #60 MOTION Preclude Expert Testimony filed by Adam Wood, The City of Plattsburgh, Richard Tucker, Nathan Kasprzak is GRANTED IN PART and DENIED IN PART; and it is further ORDERED that the #72 MOTION in Limine in opposition to and in further support of Defendants' Motion to Preclude filed by Adam Wood, The City of Plattsburgh, Richard Tucker, Nathan Kasprzak, is GRANTED IN PART and DENIED IN PART. Signed by Magistrate Judge Daniel J. Stewart on 7/1/2021. (pjh, )
|
| Filing 77 Witness List by Bryce Passino. (Luibrand, Kevin) |
| Filing 76 TEXT ORDER: The Jury Trial in this matter is RESCHEDULED for July 19, 2021 at at 9:00 AM in Albany, NY before the undersigned. The Court is in receipt of the pretrial submissions filed on September 16, 2020, however, the parties are permitted to file supplemental submissions, if necessary, by June 29, 2021. SO ORDERED Magistrate Judge Daniel J. Stewart on 3/16/2021. (mab) |
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Pretrial Conference held on 3/10/2021. Appearances: Kevin Luibrand, Esq. or Plaintiff; John Aspland, Esq. for Defendants. The Court held a conference potential dates to rescheduled the trial in this matter. Trial is anticipated to last 4-5 days. Trial logistics discussed. The Court will address the outstanding motions. Jury Trial is set for 7/19/2021 at 9:00 AM in Albany, NY before Magistrate Judge Daniel. J. Stewart. (TIME: 9:31AM-9:37AM). (Court Reporter: Hannah Cavagaugh) (mab) |
|
Filing 75
TEXT ORDER: Based upon the request made to Chambers and upon the agreement of counsel, the Pretrial Telephone Conference in this matter is RESCHEDULED for March 10, 2021 at 9:30 AM before the undersigned. Counsel are directed to use the instructions to connect to the conference call issued on February 26, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/1/2021. (mab)
|
|
Filing 74
TEXT ORDER: A Pretrial Telephone Conference in this matter is set for March 5, 2021 at 9:30 AM before the undersigned. Counsel are directed to be prepared to discuss trial logistics and firm trial dates. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/26/2021. (mab)
|
| Filing 73 REPLY to Response to Motion re #72 MOTION in Limine in opposition to and in further support of Defendants' Motion to Preclude filed by Bryce Passino. (Luibrand, Kevin) |
| Filing 72 MOTION in Limine in opposition to and in further support of Defendants' Motion to Preclude filed by Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Aspland, John) |
|
Filing 71
TEXT ORDER granting Defendants' #70 Letter Request seeking an extension of the return date with regard to the #60 MOTION to Preclude Expert Testimony. Defendants are to file a response to Plaintiff's cross-motion on or before January 29, 2021. The motion is returnable before Magistrate Judge Daniel J. Stewart and will be taken on SUBMIT only. No oral argument will be heard unless otherwise directed by the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/29/2020. (mab)
|
| CLERK'S CORRECTION OF DOCKET ENTRY: Attachment #2 of the #69 Response in Opposition to Motion was uploaded containing a date of birth. The document has been redacted and replaced. (pjh, ) |
| Filing 70 Letter Motion from John Aspland, Jr. Esq. for Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood requesting Extension of Motion Return Date submitted to Judge Daniel J. Stewart . (Aspland, John) |
| Filing 69 RESPONSE in Opposition re #60 MOTION Preclude Expert Testimony filed by Bryce Passino. (Attachments: #1 Affidavit of Kevin A. Luibrand, Esq. in opposition to defendants' motion in limine and in support of plaintiff's cross-motion, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E)(Luibrand, Kevin) (Attachment 2 replaced on 12/29/2020) (pjh, ). |
|
Filing 68
ORDER: It is hereby ORDERED, that Defendants' #57 request for an order pursuant to 5 U.S.C. 552a is DENIED. Signed by Magistrate Judge Daniel J. Stewart on 12/11/2020. (pjh, )
|
|
Filing 67
TEXT ORDER: Based upon the ongoing pandemic, the Northern District of New York has postponed all jury trials through March 2021. In light of this directive, the jury trial scheduled to begin in this matter on January 19, 2021 before the undersigned is ADJOURNED without date at this time. Upon approval to proceed with jury trials, the Court will schedule a conference with counsel to select a new date. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/9/2020. (mab)
|
|
Filing 66
TEXT ORDER granting Plaintiff's #64 Letter Request seeking additional time to file a response to Defendants' #60 MOTION to Preclude Expert Testimony in this matter. Plaintiff shall file a response on or before December 23, 2020. Defendants are to file a reply to the response on or before December 30, 2020. The motion will be taken on SUBMIT only. No oral argument will be heard unless otherwise directed by the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/9/2020. (mab)
|
| Filing 65 LETTER BRIEF Response to Plaintiff's Request by Nathan Kasprzak, Richard Tucker, Adam Wood. (Aspland, John) |
| Filing 64 Letter Motion from Kevin A. Luibrand, Esq. for Bryce Passino requesting one day extension to file motion response submitted to Judge Daniel J. Stewart . (Luibrand, Kevin) |
|
Filing 63
TEXT ORDER: Upon consideration of Plaintiff's request for an extension of time to file a response to the #60 Motion to Preclude Expert Testimony, with no objection from Defendants, the Court GRANTS Plaintiff's #61 Letter Request. Response to Motion due by 12/8/2020. Reply to Response to Motion due by 12/15/2020. Motion Hearing is set for 12/28/2020 at 9:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Signed by Magistrate Judge Daniel J. Stewart on 11/23/2020. (dpk)
|
| Filing 62 RESPONSE TO LETTER BRIEF filed by Nathan Kasprzak, Richard Tucker, Adam Wood as to #61 Letter Request/Motion filed by Bryce Passino . (Aspland, John) |
| Filing 61 Letter Motion from Kevin A. Luibrand, Esq. for Bryce Passino requesting extension of time period for plaintiff's response to defendants' motion to preclude expert submitted to Judge Daniel J. Stewart . (Luibrand, Kevin) |
| NOTICE of Hearing on the #60 MOTION Preclude Expert Testimony : Response to Motion due by 11/24/2020 Reply to Response to Motion due by 11/30/2020. Motion Hearing set for 12/11/2020 09:30 AM before Magistrate Judge Daniel J. Stewart. This motion will be heard on submission of the papers. (pjh, ) |
| Filing 60 MOTION Preclude Expert Testimony filed by Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood. (Attachments: #1 Affirmation, #2 Exhibit(s), #3 Exhibit(s), #4 Memorandum of Law) (Aspland, John) |
| Filing 59 RESPONSE TO LETTER BRIEF filed by Bryce Passino as to #57 Letter Request/Motion filed by Adam Wood, The City of Plattsburgh, Richard Tucker, Nathan Kasprzak . (Luibrand, Kevin) |
|
Filing 58
TEXT ORDER: On October 21, 2020, Defendants filed a Letter Request seeking a Court Order directing disclosure of Plaintiff's military records. Dkt. #57 . The Court is taking this request under advisement and directs Plaintiff to file a response to Defendants' request by November 2, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/26/2020. (mab)
|
| Filing 57 Letter Motion from John Aspland, Jr. Esq. for Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood requesting Military Records submitted to Judge Daniel J. Stewart . (Aspland, John) |
|
Filing 56
TEXT ORDER: The Jury Trial in this matter is RESCHEDULED for January 19, 2021 at at 9:00 AM in Albany, NY before the undersigned. The Court is in receipt of the pretrial submissions filed on September 16, 2020, however, the parties are permitted to file supplemental submissions, if necessary, by January 4, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/9/2020. (mab)
|
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Conference held on 10/6/2020. Appearances: Kevin Luibrand, Esq. for Plaintiff; John Aspland, Esq. for Defendants. The parties have consented to Magistrate Judge Stewart. In light of the consent, the Court held a conference to address the upcoming trial. Following discussions both on and off the record with counsel, the Jury Trial scheduled to being on 10/13/2020 is ADJOURNED and rescheduled for 1/19/2021 in Albany, NY. The Court notes for the record that pretrial submissions have been filed and counsel will be permitted to supplement those submissions prior to the scheduled trial date. (TIME: 11:02AM-11:15AM).(Court Reporter: Hannah Cavanaugh) (mab) |
| Filing 55 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Daniel J. Stewart for all further proceedings. Senior District Judge Frederick J. Scullin, Jr. is no longer assigned to this case. Signed by Judge Frederick J. Scullin on 10/6/2020. (pjh, ) |
| Filing 54 Letter Motion from Kevin A. Luibrand, Esq. for Bryce Passino requesting clarification of disclosure of Mark Nardacci submitted to Judge Frederick J. Scullin . (Luibrand, Kevin) |
| Filing 53 Letter Motion from John Aspland, Jr. Esq. for Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood requesting Permission to File Motion to Preclude witness if letter motion granted submitted to Judge Frederick J. Scullin . (Aspland, John) |
| Filing 52 Letter Motion from Kevin A. Luibrand, Esq. for Bryce Passino requesting update to plaintiff's witness list submitted to Judge Frederick J. Scullin . (Luibrand, Kevin) |
| TRIAL SCHEDULING NOTICE TO COUNSEL: At a FPTC that was held today, the Court advised counsel that the trial date MAY change. This notice will confirm that this case WILL proceed to trial as scheduled on 10.13.2020 at 10:00am in Albany. Counsel to meet in chambers at 9:00am. (bjw, ) |
| Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr: Final Pretrial Conference held via SKYPE on 9/24/2020. MIL to preclude testimony regarding military discharge RESERVED. Parties have stipulated to video evidence. Witness list reviewed. Jury selection will consist of 2 rounds. COVID protocol reviewed. Jury selection set for 10/13/20 10:00am. Trial may move to 10/14/20- Court will keep counsel advised. Meet in chambers w/counsel 9:00am. APP: Kevin Luibrand, Esq.; John Aspland, Esq. (Court Reporter Jodi Hibbard)[2-2:20] (bjw, ) |
| Filing 51 Witness List by Bryce Passino. (Luibrand, Kevin) |
| Filing 50 TRIAL BRIEF by Bryce Passino. (Luibrand, Kevin) |
| Filing 49 PROPOSED VERDICT FORM by Bryce Passino. (Luibrand, Kevin) |
| Filing 48 Proposed Jury Instructions by Bryce Passino. (Luibrand, Kevin) |
| Filing 47 PRETRIAL STIPULATION by Bryce Passino. (Luibrand, Kevin) |
| Filing 46 Court Ordered Voir Dire by Bryce Passino. (Luibrand, Kevin) |
| Filing 45 TRIAL BRIEF by Nathan Kasprzak, Richard Tucker, Adam Wood. (Attachments: #1 Court Ordered Questionnaire, #2 Defendants' Special Interrogatories)(Aspland, John) |
| Filing 44 Witness List by Nathan Kasprzak, Richard Tucker, Adam Wood. (Aspland, John) |
| Filing 43 Proposed Voir Dire by Nathan Kasprzak, Richard Tucker, Adam Wood. (Aspland, John) |
| Filing 42 Proposed Jury Instructions by Nathan Kasprzak, Richard Tucker, Adam Wood. (Aspland, John) |
| Filing 41 TRIAL BRIEF by Nathan Kasprzak, Richard Tucker, Adam Wood. (Aspland, John) |
| TRIAL RESCHEDULING NOTICE: Jury Trial reset for 10/7/2020 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. All other dates remain the same. (bjw, ) |
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Settlement Conference held on 9/1/2020. Appearances: Plaintiff Bryce Passino and Kevin Luibrand, Esq.; John Aspland, Esq for Defendants. The Court held a settlement conference with the parties in this matter. After lengthy discussions, the parties were not able to reach a settlement. The case will proceed to trial before Senior District Judge Scullin. (TIME: 1:00PM-2:45PM). (mab) |
|
Filing 40
TEXT ORDER: A Settlement Conference in this matter is set for September 1, 2020 at 1:00 PM before the undersigned. Lead counsel for both parties and Plaintiff Bryce Passino are to appear in-person at the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY, 1st Floor, Courtroom No. 5 on the scheduled date and time. A representative of Defendant is permitted to appear by telephone and must be available for the duration of the conference. Counsel are directed to submit a realistic demand and offer with a copy to be received by Chambers on August 31, 2020. Also, an ex parte statement setting forth the material facts of the case and the position of each party should be submitted to Chambers by August 31, 2020. This confidential statement shall not be filed with the Court Clerk or served upon opposing counsel. Submissions by email are permitted to Maria Blunt, Courtroom Deputy Clerk, at maria_blunt@nynd.uscourts.gov. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/25/2020. (mab)
|
| Minute Entry for proceedings held before Senior Judge Frederick J. Scullin, Jr: Telephone Conference held on 8/11/2020 The Court requests case status in light of upcoming trial set for 10/6/2020. The parties indicate that have attempted to settle and that a settlement conference may be helpful. Case is referred to assigned MJ for the conference. Parties to report back to Court after settlement conference. APP: Kevin Luibrand, Esq.; John Aspland,, Esq. [12:15-12:25] (bjw, ) |
| RESCHEDULING NOTICE Due to a change in the Court's calendar: Final Pretrial Conference reset for 9/29/2020 04:30 PM by video conference, 5th floor, in Albany before Senior Judge Frederick J. Scullin Jr. All pretrial submission deadlines remain the same. (bjw, ) |
|
Filing 39
FINAL PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 9/30/2020 04:30 PM, by video conference, 5th fl, in Albany. Jury Trial set for 10/6/2020 10:00 AM in Albany. All Pretrial Submissions, including motions in limine, due by 9/16/2020 with responses due by 9/23/2020.. Signed by Senior Judge Frederick J. Scullin, Jr on 7/9/2020. (bjw, )
|
|
Filing 38
TRIAL RESCHEDULING ORDER: A Final Pretrial Conference is set for 9/30/2020 04:30 PM by video conference, 5th floor, in Albany. Jury Trial reset for 10/6/2020 10:00 AM in Albany. A Final Pretrial Order to be issued.. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 7/6/2020. (bjw, )
|
| TRIAL RESCHEDULING NOTICE: Due to the COVID-19 pandemic, it is anticipated that jury trials will not begin to be held until Septemnber. Therefore, Jury Trial reset for 10/13/2020 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. A final pretrial scheduling order to be issued at a later date. (bjw, ) |
|
Filing 37
TEXT ORDER granting #36 Letter Request to reset trial date. Jury Trial reset for 8/24/2020 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr. Final Pretrial Order to issue at a later date.. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 2/18/2020. (bjw, )
|
| Filing 36 Letter Motion from Kevin A. Luibrand, Esq. for Bryce Passino requesting modification of trial date submitted to Judge Frederick J. Scullin, Jr. . (Luibrand, Kevin) |
|
Filing 35
MEMORANDUM-DECISION and ORDER granting in part and denying in part #29 Motion for Summary Judgment. The first and fourth causes of action against Tucker, Wood, Kasprzak is Denied; the second cause of action against the City of Plattsburgh is Granted; the third cause of action against Tucker, Wood and Kasprzak is Dismissed sua sponte as redundant. This case will proceed to trial on 8/3/2020 at 10:00am in Albany. A final pretrial scheduling order to be issued.. Signed by Senior Judge Frederick J. Scullin, Jr on 1/31/2020. (bjw, )
|
| Filing 34 CERTIFICATE OF SERVICE by Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood (Aspland, John) |
| MOTION SCHEDULING NOTICE as to #33 MOTION for Summary Judgment . Motion Hearing set for 3/8/2019 before Senior Judge Frederick J. Scullin Jr. will be taken on submit. No oral argument will be held. (bjw, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has terminated the pending motion and motion deadlines for docket entry #33 as the document is not a pending motion but a reply to the #29 Motion for Summary Judgment. The docket text has been corrected to show that it is a reply. Counsel can disregard the Motion Scheduling Notice filed on 2/26/2019. (meb) |
| Filing 33 REPLY to the #29 MOTION for Summary Judgment filed by Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood. (Aspland, John) Modified on 2/26/2019 to clarify that this is a reply(meb). |
| Filing 32 MEMORANDUM OF LAW re #29 Motion for Summary Judgment,, filed by Bryce Passino. (Attachments: #1 Declaration, #2 Statement of Material Facts (plaintiff's response/counterstatement))(Luibrand, Kevin) |
| MOTION RESCHEDULING NOTICE as to #29 MOTION for Summary Judgment At the joint request of counsel: Response to Motion now due by 2/19/2019 Reply to Response to Motion now due by 2/25/2019. Motion Hearing reset for 3/8/2019 on submit before Senior Judge Frederick J. Scullin Jr. (bjw, ) |
| TEXT NOTICE: The Court has received two (2) disks which are labeled Passino Disk #1 and Passino Disk #2. These are videos that are referred to in Defendants' Motion for Summary Judgment. Dkt. No. #29 . (mab) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has replaced attachments 2, 3, and 5 to the #29 Motion for Summary Judgment with redacted versions that were provided by the filer in compliance with Local Rule 8.1. (meb) |
| Filing 31 STATUS REPORT re adjournment of summary judgment motion pursuant to Local Rule 7.1(j) by Bryce Passino. (Luibrand, Kevin) |
| MOTION SCHEDULING NOTICE as to #29 MOTION for Summary Judgment . Response to Motion due by 1/8/2019 Reply to Response to Motion due by 1/14/2019. Motion Hearing reset for 1/25/2019 on submit before Senior Judge Frederick J. Scullin Jr. No oral argument will be held unless otherwise notified by the Court. (bjw, ) |
| Filing 30 CERTIFICATE OF SERVICE by Nathan Kasprzak, The City of Plattsburgh, Randolph F. Treece, Richard Tucker, Adam Wood (Brandi, Michael) |
| Filing 29 MOTION for Summary Judgment filed by Nathan Kasprzak, The City of Plattsburgh, Randolph F. Treece, Richard Tucker, Adam Wood. (Attachments: #1 Declaration, #2 Exhibit(s) Record of Exhibits Part 1, #3 Exhibit(s) Record of Exhibits Part 2, #4 Exhibit(s) Record of Exhibits Part 3, #5 Exhibit(s) Record of Exhibits Part 4, #6 Statement of Material Facts, #7 Memorandum of Law) (Brandi, Michael) (Attachments 2, 3, and 5 replaced on 1/2/2019 with redacted versions) (meb). |
|
Filing 28
TEXT ORDER: On July 9, 2018, Defendants filed a Letter Request, with the consent of Plaintiff, seeking a ninety (90) day extension of the deadlines in this matter. Dkt. No. #27 . Based upon the reasons set forth in Defendants' submission and upon the consent of the parties, the request is GRANTED and the Scheduling Order is amended as follows: 1) Discovery to be completed by October 31, 2018; 2) Dispositive motions to be filed by December 31, 2018; and 3) All other deadlines and provisions set by the #10 Uniform Pretrial Scheduling Order previously issued remain in effect. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/9/2018. (mab)
|
| Filing 27 Letter Motion from John Aspland, Jr. Esq. for Nathan Kasprzak, The City of Plattsburgh, Randolph F. Treece, Richard Tucker, Adam Wood requesting Extension of Discovery Deadline submitted to Judge Daniel J. Stewart . (Aspland, John) |
| Filing 26 STATUS REPORT by Bryce Passino. (Luibrand, Kevin) |
| Filing 25 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on May 15, 2018. Total Hours Spent by Mediator: 2.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Treece, Randolph) |
| Filing 24 CONFIDENTIALITY AGREEMENT (Treece, Randolph) |
| ADR COMPLETED - Did Not Settle. Attorney/Mediator Randolph F. Treece terminated.(jlm) |
| Filing 23 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Randolph F. Treece 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: Kevin A. Luibrand and John D. Aspland. Dated: May 7, 2018(Luibrand, Kevin) |
|
Filing 22
TEXT ORDER: On May 4, 2018, Plaintiff filed a Letter Request, with the consent of Defendants, seeking to replace the Mediator previously selected in this matter. Dkt. No. #21 . While the Court approves of the new selection, counsel are directed to file a Stipulation Selecting a Mediator on the case docket in order to replace the previous selection with the newly agreed upon Mediator. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/7/2018. (mab)
|
| Filing 21 Letter Motion from Kevin A. Luibrand, Esq. for Bryce Passino requesting change of mediator submitted to Judge Daniel J. Stewart . (Luibrand, Kevin) |
|
Filing 20
TEXT ORDER: Counsel are directed to file a Status Report by May 18, 2018. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/1/2018. (mab)
|
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Status Conference held on 3/1/2018. Appearances: Kevin Luibrand, Esq. for Plaintiff; John Aspland, Esq. and Asish Nelluvely, Esq. for Defendants. The Court held a telephone conference to discuss the status of the case. Both counsel advise that discovery is progressing and there are no issues that require Court intervention at this time. Counsel is to file a Status Report by 5/18/2018. (TIME: 10:01AM-10:04AM). (Court Reporter: Theresa Casal). (mab) |
|
Filing 19
ORDER re #12 Order to Show Cause regarding joint representation. IT IS ORDERED that Defendants shall be permitted to proceed with joint representation but have not waived their right to retain separate counsel in the future. IT IS FURTHER ORDERED that the documents provided by Defendants as discussed herein shall be filed under seal. Signed by Magistrate Judge Daniel J. Stewart on 2/28/2018. (dpk)
|
| Filing 18 SEALED AFFIDAVIT IN RESPONSE TO ORDER TO SHOW CAUSE filed by Nathan Kasprzak, The City of Plattsburgh, Richard Tucker and Adam Wood. (dpk) (dpk, ). |
| Filing 17 NOTICE by Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood (Nelluvely, Asish) |
| Filing 16 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Hon. David R. Homer 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: Asish A. Nelluvely and Kevin Luibrand. Dated: January 23, 2018(Nelluvely, Asish) |
| Filing 15 TEXT ORDER granting #14 Letter Request. The deadline to select a mediator is extended to January 24, 2018. SO ORDERED Magistrate Judge Daniel J. Stewart on January 19, 2018. (dpk) |
| Filing 14 Letter Motion from Asish Anne Nelluvely, Esq. for Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood requesting one week extension of time to file Stipulation Selecting Mediator submitted to Judge Daniel Stewart . (Nelluvely, Asish) |
|
Filing 13
TEXT ORDER. The parties are directed to participate in a Telephone Status Conference set for March 1, 2018 at 10:00 AM before the undersigned. Counsel are to DIAL IN at 888-363-4735 and use Access Code 5086356 and use Security Code 1234 to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/20/2017. (dpk)
|
|
Filing 12
ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE COMPELLED TO OBTAIN SEPARATE COUNSEL. Signed by Magistrate Judge Daniel J. Stewart on 12/20/2017. (dpk)
|
|
Filing 11
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 1/17/2018. Deadline for completion of Mandatory Mediation is 6/1/2018. Signed by Magistrate Judge Daniel J. Stewart on 12/20/2017. (dpk)
|
|
Filing 10
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial is three (3) days. Preferred Trial Location is Albany. Joinder of Parties due by 3/1/2018. Amended Pleadings due by 3/1/2018. Discovery due by 8/1/2018. Motions to be filed by 10/1/2018. This case has been selected for the Court's Mandatory Mediation program. Deadline for completion of Mandatory Mediation is 6/1/2018. Signed by Magistrate Judge Daniel J. Stewart on 12/20/2017. (dpk) (Main Document 10 replaced on 12/20/2017) (dpk, ).
|
| CLERK'S CORRECTION OF DOCKET ENTRY re #10 Uniform Pretrial Scheduling Order. The document image was uploaded without Judge Stewart's signature. Removed unsigned document and replaced it with the signed version. (dpk) |
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Initial Pretrial Conference held on 12/15/2017. Appearances: Kevin Luibrand, Esq. for Plaintiff; John Aspland, Esq. for Defendants. Parties are heard regarding their positions and how they intend to proceed in this matter. Initial disclosures have been exchanged. The prospect of settlement is discussed. The case is selected for the Mandatory Mediation program. Deadlines are set and a Scheduling Order will be issued. (dpk) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN by Bryce Passino. (Luibrand, Kevin) |
| Filing 8 CERTIFICATE OF SERVICE by Nathan Kasprzak (Aspland, John) |
| Filing 7 CERTIFICATE OF SERVICE by The City of Plattsburgh, Richard Tucker, Adam Wood (Aspland, John) |
| Filing 6 ANSWER to #1 Complaint by Nathan Kasprzak.(Aspland, John) |
| Filing 5 ANSWER to #1 Complaint by The City of Plattsburgh, Richard Tucker, Adam Wood.(Aspland, John) |
| Filing 4 AFFIDAVIT of Service for summons, complaint and General Order #25 served on City of Plattsburgh, Richard Tucker, Adam Wood and Nathan Kasprzak on September 22, 2017, filed by Bryce Passino. (Luibrand, Kevin) |
| ***Answer due date updated for Nathan Kasprzak answer due 10/13/2017; The City of Plattsburgh answer due 10/13/2017; Richard Tucker answer due 10/13/2017; Adam Wood answer due 10/13/2017. (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/15/2017 at 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/8/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 Summonses Issued as to Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood. (Attachments: #1 Summons Issued for Richard Tucker, #2 Summons Issued for Adam Wood, #3 Summons Issued for Nathan Kasprzak)(hmr) |
| Filing 1 COMPLAINT with Jury Demand against Nathan Kasprzak, The City of Plattsburgh, Richard Tucker, Adam Wood (Filing fee $400 receipt number 0206-4136137) filed by Bryce Passino. (Attachments: #1 Civil Cover Sheet)(hmr) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
