Warner v. Uhler et al
Plaintiff: Jordan Warner
Defendant: Sergeant John Doe 1, Donald Uhler, John and Jane Doe 4-10, Nurse Nelson, Nurse Jane Doe 2, Sergeant Bullock, Counselor Denny and Nurse Jane Doe 3
Case Number: 9:2020cv01219
Filed: October 5, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Lawrence E Kahn
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2020 Reset Deadlines as to #12 MOTION for Judgment as a Matter of Law MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim . Response to Motion due by 12/30/2020. Reply to Response to Motion due by 1/4/2021. Motion Hearing is reset for 1/15/2021 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Deadlines adjusted to correspond with Judge Kahn's motion schedule. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas)
December 2, 2020 Filing 12 MOTION for Judgment as a Matter of Law , MOTION to Dismiss for Lack of Subject Matter Jurisdiction , MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 1/2/2020 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 12/16/2019 Reply to Response to Motion due by 12/22/2019. filed by Bullock, Denny, Donald Uhler. (Attachments: #1 Statement of Material Facts, #2 Memorandum of Law in Support of Defendants' Motion for Summary Judgment and to Dismiss, #3 Declaration of Rachael Seguin (CORC), #4 Exhibit(s) A - CORC Grievance Search Results (CORC), #5 Declaration of Donna Wilcox (Upstate C.F.), #6 Exhibit(s) A - Grievance Search Results (Upstate C.F.)) (Matula, Brian)
November 19, 2020 Filing 11 TEXT ORDER RE #10 Letter Request: Defendants' request for a 2-week extension of time to file an answer is GRANTED. Bullock answer due 12/2/2020; Denny answer due 12/2/2020; Donald Uhler answer due 12/2/2020. Authorized by US Magistrate Judge Andrew T. Baxter on 11/19/2020. (meb)
November 18, 2020 Filing 10 Letter Motion from Brian W. Matula, Esq. for Bullock, Denny, Donald Uhler requesting two (2) weeks to file motion or answer (ON CONSENT) submitted to Judge Andrew T. Baxter . (Matula, Brian)
November 18, 2020 Filing 9 NOTICE of Appearance by Brian W. Matula on behalf of Bullock, Denny, Donald Uhler (Matula, Brian)
November 17, 2020 Filing 8 TEXT ORDER: On 11/4/2020, plaintiff filed proof of service asserting that the summons and complaint were served upon defendants Donald Uhler, Nurse Nelson, Counselor Denny and Sergeant Bullock on 10/14/2020. The time for defendants to file an answer or otherwise move has expired. Pursuant to Local Rule 55.1, plaintiff may request a clerk's entry of default or, in the alternative, plaintiff is directed to file a status report by 11/23/2020. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/17/2020. (nmk)
November 4, 2020 Filing 7 AFFIDAVIT of Service for Affidavit of Service served on Sergeant Bullock on 10/14/2020, filed by Jordan Warner. (Oh, Jaehyun)
November 4, 2020 Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Counselor Denny on 10/14/2020, filed by Jordan Warner. (Oh, Jaehyun)
November 4, 2020 Filing 5 AFFIDAVIT of Service for Affidavit of Service served on Nurse Nelson on 10/14/2020, filed by Jordan Warner. (Oh, Jaehyun)
November 4, 2020 Filing 4 AFFIDAVIT of Service for Affidavit of Service served on Donald Uhler on 10/14/2020, filed by Jordan Warner. (Oh, Jaehyun)
November 4, 2020 ***Answer due date updated for Bullock answer due 11/4/2020; Denny answer due 11/4/2020; Nelson answer due 11/4/2020; Donald Uhler answer due 11/4/2020. (meb)
October 6, 2020 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 1/4/2021 at 10:00 AM via telephone 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 12/28/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb)
October 6, 2020 Filing 2 Summons Issued as to Donald Uhler. (Attachments: #1 Summons issued as to Nelson, #2 Summons issued as to Denny, #3 Summons issued as to Bullock)(meb)
October 6, 2020 TEXT NOTICE: Although the plaintiff herein has named John Doe in the Complaint, the Clerk's Office will not issue a summons for service of process on a "John Doe" defendant at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the "John Doe" defendant, plaintiff may seek to amend the pleading to add the properly named defendant pursuant to FED. R. CIV. P. 15 and summons will be issued at that time. (meb)
October 5, 2020 Filing 1 COMPLAINT WITH JURY DEMAND against Bullock, Denny, John and Jane Doe 4-10, Nelson, Nurse Jane Doe 2, Nurse Jane Doe 3, Sergeant John Doe 1, Donald Uhler (Filing fee $400 receipt number ANYNDC-5268076) filed by Jordan Warner. (Attachments: #1 Civil Cover Sheet)(meb)

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Plaintiff: Jordan Warner
Represented By: Jaehyun Oh
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Defendant: Sergeant John Doe 1
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Defendant: Donald Uhler
Represented By: Brian W. Matula
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Defendant: John and Jane Doe 4-10
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Defendant: Nurse Nelson
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Defendant: Nurse Jane Doe 2
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Defendant: Sergeant Bullock
Represented By: Brian W. Matula
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Defendant: Counselor Denny
Represented By: Brian W. Matula
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Defendant: Nurse Jane Doe 3
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