Parker v. City of Port Jervis et al
| Kimberly Parker |
| City of Port Jervis, Jesse Clune, Andrew Haniuk, John Doe #1, John Doe #2, John Doe #3, Daniel Miglionico, Matthew J. Bisland and Robert J. Katz |
| 7:2022cv09302 |
| October 31, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 d Civil Rights (Death) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 ELECTRONIC SUMMONS ISSUED as to Robert J. Katz. (vf) |
| Filing 26 ELECTRONIC SUMMONS ISSUED as to Matthew J. Bisland. (vf) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to Daniel Miglionico. (vf) |
| Filing 24 MEMO ENDORSEMENT on re: #20 Amended Complaint, filed by Kimberly Parker. ENDORSEMENT: Plf. filed this Am. Compl. more than 21 days after serving its original pleadings. Accordingly, Plf. is not permitted to amend its pleadings as a matter of course. This Court, however, deems Plfs Am. Compl. ACCEPTED. Defs. are directed to respond or seek leave to file a motion in response to the Am. Comp. by Jan. 17, 2023. Matthew J. Bisland answer due 1/17/2023; City of Port Jervis answer due 1/17/2023; Jesse Clune answer due 1/17/2023; Andrew Haniuk answer due 1/17/2023; Daniel Miglionico answer due 1/17/2023; Robert J. Katz answer due 1/17/2023.( Motions due by 1/17/2023.) (Signed by Judge Nelson Stephen Roman on 12/27/2022) (ate) |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to Robert J. Katz, re: #20 Amended Complaint,. Document filed by Kimberly Parker(and on her own behalf), Kimberly Parker(as Administratrix of the Estate of Charles Parker, Jr., Deceased)..(Goldman, Jonathan) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew J. Bisland, re: #20 Amended Complaint,. Document filed by Kimberly Parker(and on her own behalf), Kimberly Parker(as Administratrix of the Estate of Charles Parker, Jr., Deceased)..(Goldman, Jonathan) |
| Filing 21 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Miglionico, re: #20 Amended Complaint,. Document filed by Kimberly Parker(and on her own behalf), Kimberly Parker(as Administratrix of the Estate of Charles Parker, Jr., Deceased)..(Goldman, Jonathan) |
| Filing 20 FIRST AMENDED COMPLAINT amending #1 Complaint, #16 Amended Complaint, against Matthew J. Bisland, City of Port Jervis, Jesse Clune, Andrew Haniuk, Daniel Miglionico, Robert J. Katz with JURY DEMAND.Document filed by Kimberly Parker(and on her own behalf), Kimberly Parker(as Administratrix of the Estate of Charles Parker, Jr., Deceased). Related document: #1 Complaint, #16 Amended Complaint,..(Goldman, Jonathan) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Kimberly Parker added. Party added pursuant to #16 Amended Complaint,.Document filed by Kimberly Parker. Related document: #16 Amended Complaint,..(Goldman, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Robert Goldman to RE-FILE re: Document No. #16 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; not all the filer/filers were selected for the pleading; the pleading is amended more than 21 days after service of the original pleading. Add party (Kimberly Parker with party text "and on her own behalf"). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Robert Goldman to RE-FILE Document No. #19 Request for Issuance of Summons, #17 Request for Issuance of Summons, #18 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (vf) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Robert J. Katz, re: #16 Amended Complaint,. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew J. Bisland, re: #16 Amended Complaint,. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Miglionico, re: #16 Amended Complaint,. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #1 Complaint against City of Port Jervis, Jesse Clune, Andrew Haniuk, Daniel Miglionico, Matthew J. Bisland, Katz J. Robert with JURY DEMAND.Document filed by Kimberly Parker. Related document: #1 Complaint..(Goldman, Jonathan) Modified on 12/19/2022 (vf). |
Filing 15
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties that the time within which Defendants may move, answer, or otherwise respond to the Complaint is hereby extended up to and including January 17, 2023. No provision of this Stipulation and Order shall be construed as a waiver of, and Defendants expressly reserve any and all defenses. There has been no previous request for extension of time in connection with this matter. SO ORDERED. City of Port Jervis answer due 1/17/2023; Jesse Clune answer due 1/17/2023; John Doe #1 answer due 1/17/2023; John Doe #2 answer due 1/17/2023; John Doe #3 answer due 1/17/2023; Andrew Haniuk answer due 1/17/2023.( Motions due by 1/17/2023.) (Signed by Judge Nelson Stephen Roman on 12/8/2022) (ate)
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| Filing 14 NOTICE OF APPEARANCE by Michael George Del Vecchio on behalf of City of Port Jervis, Jesse Clune, Andrew Haniuk..(Del Vecchio, Michael) |
| Filing 13 NOTICE OF APPEARANCE by Louis U. Gasparini on behalf of City of Port Jervis, Jesse Clune, Andrew Haniuk..(Gasparini, Louis) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Andrew Haniuk served on 11/2/2022, answer due 11/23/2022. Service was accepted by Laura Quick, City Clerk. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Jesse Clune served on 11/2/2022, answer due 11/23/2022. Service was accepted by Laura Quick, City Clerk. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. City of Port Jervis served on 11/2/2022, answer due 11/23/2022. Service was accepted by Laura Quick, City Clerk. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 9 CIVIL COVER SHEET filed..(Goldman, Jonathan) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Andrew Haniuk. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Jesse Clune. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to City of Port Jervis. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jonathan Robert Goldman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Robert Goldman re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Kimberly Parker with party text "and on her own behalf". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Robert Goldman. 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 Orange. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Robert Goldman. The party information for the following party/parties has been modified: John Doe #3; Kimberly Parker. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text entered in error. (vf) |
| Magistrate Judge Judith C. McCarthy 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(vf) |
| Case Designated ECF. (vf) |
| NOTICE OF PARTICIPATION IN 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's 1983 Plan. Please reference the Court's website, www.nysd.uscourts.gov/mediation, to review the 1983 Plan for White Plains, effective October 3, 2016, for important information.(jpt) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Haniuk, re: #1 Complaint. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Jesse Clune, re: #1 Complaint. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of Port Jervis, re: #1 Complaint. Document filed by Kimberly Parker..(Goldman, Jonathan) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Goldman, Jonathan) Modified on 11/1/2022 (vf). |
| Filing 1 COMPLAINT against City of Port Jervis, Jesse Clune, John Doe #1, John Doe #2, John Doe #3, Andrew Haniuk. (Filing Fee $ 402.00, Receipt Number ANYSDC-26892367)Document filed by Kimberly Parker..(Goldman, Jonathan) |
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