Metzgar v. City of Port Jervis et al
Plaintiff: Leo J Metzgar and Leo Metzgar
Defendant: City of Port Jervis, Kelly B. Decker, City of Port Jervis Common Council, City of Port Jervis Department of Public Works and City of Port Jervis Building Department
Case Number: 1:2023cv05198
Filed: June 20, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Jennifer H Rearden
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12131 Americans with Disabilities Act of 1990
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2023 Opinion or Order Filing 25 ORDER: granting #24 Letter Motion for Extension of Time. Application (ECF No. 24) GRANTED. By August 31, 2023, Defendants shall respond to the Complaint. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/07/2023) (ama)
August 7, 2023 Set/Reset Deadlines: City of Port Jervis Department of Public Works answer due 8/31/2023. (ama)
August 4, 2023 Filing 24 JOINT LETTER MOTION for Extension of Time For Defendants to File Answer addressed to Judge Jennifer H. Rearden from Daniel A. Johnston, Esq. dated August 4, 2023. Document filed by Leo Metzgar..(Johnston, Daniel)
July 18, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel A Johnston to RE-FILE Document No. #20 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
July 17, 2023 Filing 23 SUMMONS RETURNED EXECUTED Summons and Complaint, served. City of Port Jervis Department of Public Works served on 7/11/2023, answer due 8/1/2023. Service was accepted by Lena Quick (City Clerk). Document filed by Leo Metzgar..(Johnston, Daniel)
July 17, 2023 Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint, served. City of Port Jervis Common Council served on 7/11/2023, answer due 8/1/2023. Service was accepted by Lena Quick (City Clerk). Document filed by Leo Metzgar..(Johnston, Daniel)
July 17, 2023 Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Kelly B. Decker served on 7/11/2023, answer due 8/1/2023. Service was accepted by Lena Quick (City Clerk). Document filed by Leo Metzgar..(Johnston, Daniel)
July 17, 2023 Filing 20 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Kelly B. Decker, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel) Modified on 7/18/2023 (jgo).
July 17, 2023 Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint, served. City of Port Jervis served on 7/11/2023, answer due 8/1/2023. Service was accepted by Lena Quick (City Clerk). Document filed by Leo Metzgar..(Johnston, Daniel)
June 29, 2023 Filing 18 ELECTRONIC SUMMONS ISSUED as to City of Port Jervis..(pc)
June 28, 2023 Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel)
June 22, 2023 Filing 16 ELECTRONIC SUMMONS ISSUED as to Kelly B. Decker..(pc)
June 22, 2023 Filing 15 ELECTRONIC SUMMONS ISSUED as to City of Port Jervis Building Department..(pc)
June 22, 2023 Filing 14 ELECTRONIC SUMMONS ISSUED as to City of Port Jervis Common Council..(pc)
June 22, 2023 Filing 13 ELECTRONIC SUMMONS ISSUED as to City of Port Jervis Department of Public Works..(pc)
June 22, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel A Johnston to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the defendant name and address field is blank. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
June 21, 2023 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis Department of Building Department, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel)
June 21, 2023 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis Department of Public Works, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel)
June 21, 2023 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis Common Council, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel)
June 21, 2023 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Kelly B. Decker, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel)
June 21, 2023 Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis, re: #1 Complaint,. Document filed by Leo Metzgar..(Johnston, Daniel) Modified on 6/22/2023 (pc).
June 21, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel A Johnston. The party information for the following party/parties has been modified: Leo J Metzgar. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
June 21, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel A Johnston. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Nassau;. (jgo)
June 21, 2023 Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
June 21, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
June 21, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel A Johnston to RE-FILE Document No. #2 Request for Issuance of Summons, #5 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; all of the party names must be listed on the PDF case caption. If all of the party names do not fit, include 'et al'; party name whom summons is for was omitted on the PDF 'To' section;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
June 21, 2023 Case Designated ECF. (jgo)
June 20, 2023 Filing 7 CIVIL COVER SHEET filed..(Johnston, Daniel)
June 20, 2023 Filing 6 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis Department of Building Department, re: #1 Complaint,. Document filed by Leo J Metzgar..(Johnston, Daniel) Modified on 6/21/2023 (jgo).
June 20, 2023 Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis Department of Public Works, re: #1 Complaint,. Document filed by Leo J Metzgar..(Johnston, Daniel) Modified on 6/21/2023 (jgo).
June 20, 2023 Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis Common Council, re: #1 Complaint,. Document filed by Leo J Metzgar..(Johnston, Daniel) Modified on 6/21/2023 (jgo).
June 20, 2023 Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kelly B. Decker, re: #1 Complaint,. Document filed by Leo J Metzgar..(Johnston, Daniel) Modified on 6/21/2023 (jgo).
June 20, 2023 Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis, re: #1 Complaint,. Document filed by Leo J Metzgar..(Johnston, Daniel) Modified on 6/21/2023 (jgo).
June 20, 2023 Filing 1 COMPLAINT against City of Port Jervis, City of Port Jervis Building Department, City of Port Jervis Common Council, City of Port Jervis Department of Public Works, Kelly B. Decker. (Filing Fee $ 402.00, Receipt Number ANYSDC-27893941)Document filed by Leo J Metzgar. (Attachments: #1 Exhibit 2014 Safe Streets, #2 Exhibit Pictures, #3 Exhibit Complete Street 2016, #4 Exhibit 2020 Grant, #5 Exhibit ADAAG Guidelines).(Johnston, Daniel)

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Plaintiff: Leo J Metzgar
Represented By: Daniel A Johnston
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Plaintiff: Leo Metzgar
Represented By: Daniel A Johnston
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Defendant: City of Port Jervis
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Defendant: Kelly B. Decker
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Defendant: City of Port Jervis Common Council
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Defendant: City of Port Jervis Department of Public Works
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Defendant: City of Port Jervis Building Department
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