Johnson v. NYS Dept of Correctional Sus
Plaintiff: Bertha A. Johnson
Defendant: NYS Dept of Correctional Sus
Case Number: 1:2011cv00079
Filed: January 26, 2011
Court: US District Court for the Western District of New York
Office: Buffalo Office
County: Erie
Presiding Judge: Hugh B. Scott
Presiding Judge: William M. Skretny
Nature of Suit: Employment
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 26, 2021 Opinion or Order Filing 172 DECISION AND ORDER IT HEREBY IS ORDERED, that Defendants' Motion for Summary Judgment (Docket No. 117) is GRANTED in part and DENIED in part, consistent with this Decision and Order.FURTHER, that Plaintiff's Cross-Mot ion for Summary Judgment (Docket No. 146, p. 1) is DENIED.FURTHER, that Defendants' Motion to Strike (Docket No. 140) is GRANTED in part and DENIED in part. The Clerk of Court is directed to STRIKE the supplemental declaration filed at Docke t No. 132. FURTHER, that Plaintiff's Motion to Strike (Docket No. 146, pp. 3-10) is DENIED.FURTHER, that this case is REFERRED for alternative dispute resolution under Section 2.1.B of the Plan for Alternative Dispute Resolution in t he United States District Court for the Western District of New York (the ADR Plan).FURTHER, that the parties shall comply with all relevant requirements of the ADR Plan, which is available at http://www.nywd.uscourts.gov. FURTHER, that within 10 days of the entry date of this decision, the parties shall contact ADR Administrator Amanda G. Williams for direction on how to proceed with mediation under the March 16, 2020 General Order Re: Alternate Dispute Resolution Under Circumstances Cre ated by COVID-19 and its progeny.FURTHER, that the parties are permitted to re-engage in mediation with Mediator Krista Gottlieb or another federal-court mediator upon whom they might agree.FURTHER, that the parties shall conclude their mediation efforts and file a joint written notice concerning the status of mediation by May 21, 2021.SO ORDERED.Signed by William M. Skretny, United States District Judge on 2/26/2021. (JCM)-CLERK TO FOLLOW UP-
September 23, 2013 Opinion or Order Filing 71 DECISION AND ORDER GRANTING the 53 Motion of Defendants Wojcinski, Scalise, and Brown to Dismiss the Second Amended Complaint; GRANTING in part and DENYING in part Plaintiff's second 67 Motion for Leave to File a Third Amended Complaint; DIRECTING Plaintiff to file a third amended complaint that complies with this order by October 11, 2013. Signed by William M. Skretny, Chief Judge on 9/20/2013. (MEAL) -CLERK TO FOLLOW UP-
October 19, 2012 Opinion or Order Filing 51 ORDER GRANTING Plaintiff's 50 Motion to Reserve Defendants Wojinski, Scalise and Brown; EXTENDING Plaintiff's time to serve the Summons and Second Amended Complaint on said Defendants an additional 90 days from filing of this Decision and Order; DIRECTING the Clerk of the Court to cause the United States Marshals Service to serve the Summons and Second Amended Complaint (Docket No. 36) upon Defendants Wojinski, Scalise and Brown without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Signed by William M. Skretny, Chief Judge U.S.D.C. on 10/17/2012. (Clerk to follow up.) (MEAL)
September 12, 2012 Opinion or Order Filing 49 DECISION AND ORDER GRANTING DOCC's 42 Motion to partially dismiss Plaintiff's Second Amended Complaint; DENYING Plaintiff's 47 request for leave to supplement her memorandum of law in opposition. Signed by William M. Skretny, Chief Judge on 9/12/2012. (MEAL)
April 9, 2012 Opinion or Order Filing 41 DECISION AND ORDER DENYING Plaintiff's request contained in her 37 March 5, 2012 Letter; DENYING as Moot Plaintiff's 40 Motion for Default Judgment; GRANTING Defendant's 38 Motion for an Order Extending Time to File an Answer or Responsive Motion; DIRECTING Defendant DOCCS to file an answer or response to Plaintiff's second amended complaint within 14 days of the issuance of this Order; DISMISSING the claims contained in Plaintiff's 36 Second Amended Complaint (D ocket No. 36) as to the individual named defendants contained in paragraphs 8 through 20, with the exception of Sergeant Brown, Lieutenant Wokinski, and Captain Scalise; DIRECTING the Clerk of the Court to terminate Defendants Stanson, Pyra, Goodman, Flanagan, Amoia, Powers, Corbit, Washington, Nazon, Vanderlaan, and Rizzo as parties to this case; DIRECTING the Clerk of the Court to cause the United States Marshals Service to serve the Summons and 36 Second Amended Complaint, along with this D ecision and Order, upon Defendants Sergeant Brown, Lieutenant Wokinski, and Captain Scalise without Plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Signed by William M. Skretny, Chief Judge U.S.D.C. on 4/6/2012. (MEAL)
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Plaintiff: Bertha A. Johnson
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Defendant: NYS Dept of Correctional Sus
Represented By: David Joseph State
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