Rodriguez v. Wohlbach et al
| Robert Rodriguez |
| Special Agent Robert John Wohlbach and Special Agent James L Balcom |
| 1:2005cv00219 |
| January 10, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Shira A Scheindlin |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2007. A more recent docket listing may be available from PACER.
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| Filing 33 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated June 27, 2007, defendants motion for summary judgment is granted based on qualified immunity; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 6/29/07) (Attachments: #1 notice of right to appeal)(ml) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #32 Memorandum & Opinion, to the Judgments and Orders Clerk. (kco) |
Filing 32
OPINION AND ORDER # 94842 : #20 MOTION to Dismiss filed by Robert John Wohlbach. For the reasons set forth within this opinion, defendant's motion for summary judgment based on qualified immunity is granted. The Clerk of the Court is directed to close this motion [docket no. 20] and this case. (Signed by Judge Shira A. Scheindlin on 6/27/07) (kco) Modified on 6/29/2007 (rw).
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| Mailed notice to the attorney(s) of record. (laq) |
| Filing 31 NOTICE OF CASE REASSIGNMENT to Judge Shira A. Scheindlin. Judge Richard C. Casey is no longer assigned to the case. (laq) |
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Filing 30
ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the reassignment of ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should take care to remover the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also ordered to submit a joint summary of the case no later 5/30/07. The summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. So Ordered. (Signed by Judge Kimba M. Wood on 5/16/07) (jco)
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| Filing 29 DECLARATION of Andrew F. Plasse in Opposition re: #20 MOTION to Dismiss.. Document filed by Robert Rodriguez. (Plasse, Andrew) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss.. Document filed by Robert Rodriguez. (Plasse, Andrew) |
| Filing 27 DECLARATION of Andrew F. Plasse in Opposition re: #20 MOTION to Dismiss.. Document filed by Robert Rodriguez. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Exhibit Exhibit C#4 Exhibit Exhibit D)(Plasse, Andrew) |
| Filing 26 CERTIFICATE OF SERVICE of Reply Memorandum of Law by Defendant Special Agent Wohlbach in Further Support of his Motion to Dismiss, Or in the Alternative for Summary Judgment and the Reply Declaration of Allison D. Penn served on Andrew F. Plasse, P.C. on August 17, 2006. Service was made by Mail (Federal Express). Document filed by Robert John Wohlbach. (Penn, Allison) |
| Filing 25 REPLY AFFIDAVIT of Allison D. Penn in Support re: #20 MOTION to Dismiss.. Document filed by Robert John Wohlbach. (Attachments: #1 Exhibit N)(Penn, Allison) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss.. Document filed by Robert John Wohlbach. (Penn, Allison) |
| Filing 23 DECLARATION of Allison D. Penn in Support re: #20 MOTION to Dismiss.. Document filed by Robert John Wohlbach. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Errata D#5 Exhibit E#6 Errata F#7 Exhibit G#8 Errata H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M)(Penn, Allison) |
| Filing 22 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss.. Document filed by Robert John Wohlbach. (Penn, Allison) |
| Filing 21 RULE 56.1 STATEMENT. Document filed by Robert John Wohlbach. (Penn, Allison) |
| Filing 20 MOTION to Dismiss. Document filed by Robert John Wohlbach. (Penn, Allison) |
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Filing 19
ENDORSED LETTER addressed to Judge Richard Conway Casey from Allison D. Penn dated 8/8/2006 re: to request a brief extension of Defendant's time, from August 14, 2006, to August 17, 2006, to file his reply to Plaintiff's Opposition to Defendant's Motion to Dismiss or in the Alternative for Summary Judgment. Replies due by 8/17/2006. ENDORSEMENT: Application granted. So Ordered (Signed by Judge Richard C. Casey on 8/9/2006) (jmi, )
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| Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 6/2/2006. Defendant's motion for summary judgment due 6/30/06; response by 7/31/06; reply by 8/14/06. (db, ) |
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Filing 18
ORDER OF DISMISSAL: for reasons further set forth in said Order, this action is dismissed with prejudice against defendant Special Agent Balcom. (Signed by Judge Richard C. Casey on 6/2/06) (db, )
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Filing 17
ENDORSED LETTER: addressed to Judge Richard C. Casey from Allison D. Penn dated 5/30/2006 re: defendant respectfully requests that the Court set a briefing schedule for the filing of defendant's motion for summary judgment and/or to dismiss. ENDORSEMENT: The 6/2/2006 conference will function as both an end of discovery status conference and a premotion conference. So Ordered. (Signed by Judge Richard C. Casey on 5/31/2006) (lb, )
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| Filing 16 NOTICE OF APPEARANCE by Allison D Penn on behalf of Robert John Wohlbach (Penn, Allison) |
| Filing 15 ENDORSED LETTER addressed to Judge Richard C. Casey from Andrew F. Plasse dated 4/20/06; re: Application granted. Discovery due by 5/20/2006. Scheduling Conference set for 6/2/2006 before Judge Richard C. Casey. (Signed by Judge Richard C. Casey on 4/21/06) (sac, ) |
| Filing 14 CASE MANAGEMENT PLAN: Amended Pleadings due by 2/6/2006. Joinder of Parties due by 2/6/2006. Discovery due by 6/6/2006. Case Management Conference set for 5/12/2006 at 09:30 AM before Judge Richard C. Casey. (Signed by Judge Richard C. Casey on 1/6/2006) (lb, ) |
| Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 1/6/2006. (jmi, ) |
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Filing 13
ENDORSED LETTER addressed to Judge Richard Conway Casey from Andrew F. Plasse dated 12/6/05 re: Counsel writes to request that the Court schedule a conference. A conference is hereby scheduled for 12/23/05 at 9:30 a.m. So Ordered. (Signed by Judge Richard C. Casey on 12/8/05) (jco, )
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| Filing 12 CERTIFICATE OF SERVICE of Answer served on Andrew F. Plasse, Esq. on 12/2/2005. Service was made by Federal Express. Document filed by Robert John Wohlbach. (Vargas, Jeannette) |
| Filing 11 ANSWER to Complaint. Document filed by Robert John Wohlbach.(Vargas, Jeannette) |
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Filing 10
STIPULATION AND ORDER that plntf's claims against Special Agnet Wohlbach for alleged violations of plntf's Fifth and Fourteenth Amendment rights are dismissed with prejudice; plntf's claims against Special Agent Wohlbach in his official capacity are dismissed with prejudice; Special Agent Wohlbach withdraws his motion to dismiss the complaint re based on alleged deficiencies in the service of process. (Signed by Judge Richard C. Casey on 11/16/05) (cd, )
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| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss the Complaint.. Document filed by Robert John Wohlbach. (Vargas, Jeannette) |
| Filing 8 MOTION to Dismiss the Complaint. Document filed by Robert John Wohlbach. Responses due by 10/17/2005 (Attachments: #1 Affidavit Vargas Declaration#2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Vargas, Jeannette) |
| Filing 7 ENDORSED LETTER addressed to Judge Richard C. Casey from Jeannette A. Vargas dated 11/15/05 re: counsel for dft Robert Wohlbach requests a one week extension of time to file dft's reply brief in support of his motion to dismiss. Application granted. (Signed by Judge Richard C. Casey on 11/16/05) (dle, ) |
| Filing 6 ENDORSED LETTER addressed to Judge Richard C. Casey from Andrew Plasse dated 10/25/05 re: counsel for plaintiff requests an extension of time on the briefing schedule as follows: plaintiff to serve response to motion to dismiss by 11/4/05 and dft's reply papers due on 11/15/05. Application granted. (Signed by Judge Richard C. Casey on 10/26/05) (dle, ) |
| Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 9/16/2005. Government appears for dft. Wohlbach and informs the court that other dft is not in Iraz but is a DEA agent stationed outside the country. Government will file motion to dismiss based on statute of limitations: Motions by 9/16/05; response by 10/17/05; reply by 10/26/05. Parties stipulate that resolution of motion will also apply to other dft not yet served. (dle, ) |
| Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 8/19/2005. Court tells the deft to contact the U.S. Attorney's Office to have someone at teh next conf to represent the deft. The next status conf is scheduled for 09/2/05 at 9:30 a.m. (djc, ) |
| Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 7/15/2005. Court instructs plaintiff to advise the dft about next status conf. set for 8/19/05 @9:30 a.m. (pl, ) |
| Filing 5 ENDORSED LETTER addressed to Judge Richard C. Casey from Andrew F. Plasse dated 7/13/05 re: Counsel writes to request that the Court allow substituted served; in addition requesting another extension of thirty days to effectuate such services. Application denied. (Signed by Judge Richard C. Casey on 7/13/05) (jco, ) |
| Minute Entry for proceedings held before Judge Richard C. Casey : Initial Pretrial Conference held on 7/1/2005. The Court gives plntf two weeks to serve the deft who is in the US or he will dismiss the case. The next status confis set for 7/15/05 at 9:30 am. (cd, ) |
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Filing 4
ENDORSED LETTER addressed to Judge Richard Conway Casey from Andrew F. Plasse dated 6/22/05 re: Counsel writes to request an adjournment of the oral argument scheduled for 6/24/05. Application Granted. Conference rescheduled to 7/1/05 at 9:30 a.m. So Ordered. (Signed by Judge Richard C. Casey on 6/22/05) (jco, )
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| Set Deadlines/Hearings: Oral Argument set for 7/1/2005 09:30 AM before Judge Richard C. Casey. (jco, ) |
| Filing 3 ENDORSED LETTER addressed to Judge Casey from Andrew Plasse dated 5/19/05: in accordance with FRCP 4(m), the time for service is hereby enlarged to 6/10/05. The conference is rescheduled to 6/24/05 at 9:30 am. in courtroom 14C. (Signed by Judge Richard C. Casey on 5/19/05) (cd, ) |
| Filing 2 ENDORSED LETTER addressed to Judge Richard Conway Casey from Andrew F. Plasse dated 3/29/05; re: the Initial Pretrial Conference set for 4/22/2005 at 9:30 AM before Judge Richard C. Casey. (Signed by Judge Richard C. Casey on 3/30/05) (sac, ) |
| Filing 1 COMPLAINT against Robert John Wohlbach, James L Balcom. (Filing Fee $ 150.00, Receipt Number 530719)Document filed by Robert Rodriguez.(rdi, ) Additional attachment(s) added on 1/13/2005 (gf, ). |
| SUMMONS ISSUED as to Robert John Wohlbach, James L Balcom. (rdi, ) |
| Magistrate Judge Henry B. Pitman is so designated. (rdi, ) |
| Case Designated ECF. (rdi, ) |
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