Neptune v. CSX Transportation et al
| Damien Neptune |
| Nathan Curry, CSX Transportation, Cindy Sanborn, John L. Gaylord, Stephen E. Crable and Brian M. Stussie |
| 1:2015cv00491 |
| June 5, 2015 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Richard J Arcara |
| Leslie G Foschio |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 23 -CLERK TO FOLLOW UP-ORDER adopting Magistrate Judge Leslie G. Focshio's Report and Recommendation #12 . Plaintiff's motion #5 pursuant to 28 U.S.C. 1447(c) to remand the action is granted. The Clerk of Court shall remand the case to New York State Supreme Court, Erie County. The Clerk of Court shall mail a certified copy of this Decision and Order to the Clerk of the State court and shall take all steps necessary to close this case. SO ORDERED. Signed by Hon. Richard J. Arcara on 1/29/16. (LAS) |
| Filing 22 REPLY/RESPONSE to re #13 Objections -- non-motion, #21 Affirmation, Reply in Support of Objections to Report and Recommendation filed by CSX Transportation, Nathan Curry, John L. Gaylord, Cindy Sanborn. (Attachments: #1 Certification, #2 Affidavit of John L. Gaylord, #3 Certificate of Service)(Roney, Susan) |
| Filing 21 AFFIRMATION re #17 Affirmation, filed by Damien Neptune Amended Affirmation filed by Damien Neptune. (Attachments: #1 Exhibit A: 11/20/15 letter from Karen Lavery, #2 Exhibit B: Affidavit of Michael Andrews as to Residence of John Gaylord, #3 Exhibit Affidavit of Christopher Zigarelli, #4 Exhibit Affidavit of James Louis)(Collins, John) |
| Filing 20 TEXT ORDER. The January 21, 2016 Oral Argument is rescheduled for March 24, 2016 at 9:00 AM as to #13 Objections filed by defendants to #12 Report and Recommendation. SO ORDERED. Issued by Hon. Richard J. Arcara on January 15, 2016. (DJD) |
| Filing 19 TEXT ORDER granting plaintiff's #18 Motion to Amend or Correct the Affirmation #17 . Issued by Hon. Richard J. Arcara on 1/12/16. (LAS) |
| Filing 18 MOTION to Amend/Correct #17 Affirmation, by Damien Neptune. (Attachments: #1 Affidavit Affirm. in Support, #2 Exhibit Amended Affirmation, #3 Exhibit Redline Amended Affirm.)(Collins, John) |
| Filing 17 AFFIRMATION re 16 Order on Motion to Amend/Correct, 14 Text Order, Set Hearings,, #13 Objections -- non-motion, filed by Damien Neptune filed by Damien Neptune. (Attachments: #1 Exhibit Letter dated 11-20-15 to Mr. Gaylord, #2 Affidavit Aff. of Investigator Michael P. Andrews, #3 Affidavit C. Zigarelli, #4 Affidavit J. Louis)(Collins, John) |
| Filing 16 TEXT ORDER: Defendants' Motion to Amend #15 the scheduling order as set forth in text order 14 is granted nunc pro tunc. Response papers are to be filed no later than January 8, 2016. Reply papers shall be filed on or before January 26, 2016. The oral argument scheduled for January 21, 2016 is hereby cancelled. The Court will notify the parties of a new oral argument date. SO ORDERED. Issued by Hon. Richard J. Arcara on 1/4/16. (LAS) |
| Filing 15 MOTION to Amend/Correct 14 Text Order, Set Hearings,, by CSX Transportation, Nathan Curry, John L. Gaylord, Cindy Sanborn. (Attachments: #1 Affirmation in Support of Motion to Amend Text Scheduling Order, #2 Certificate of Service)(Roney, Susan) |
| Filing 14 TEXT ORDER: Defendants have filed objections #13 to Magistrate Judge Foschio's Report and Recommendation #12 . Response papers shall be filed on or before December 18, 2015. Reply papers are to be filed no later than January 5, 2016. Oral argument is scheduled for January 21, 2016 at 9:00 AM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on 12/3/15. (LAS) |
| Filing 13 OBJECTIONS to REPORT AND RECOMMENDATIONS re #5 MOTION to Remand to State Court filed by Damien Neptune Objections due fourteen days from receipt. #12 filed by Defendants CSX Transportation, Nathan Curry, John L. Gaylord, Cindy Sanborn.. (Attachments: #1 Certificate of Service)(Roney, Susan) |
| Filing 12 REPORT AND RECOMMENDATIONS re #5 MOTION to Remand to State Court filed by Damien Neptune. Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 11/10/2015. (SDW) |
| Filing 11 REPLY to Response to Motion re #5 MOTION to Remand to State Court filed by Damien Neptune. (Attachments: #1 Affidavit Samuel Nasca, #2 Affidavit Affidavit of Plaintiff)(Collins, John) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) |
| Filing 10 ANSWER to Complaint by John L. Gaylord. (Attachments: #1 Certificate of Service)(Roney, Susan) |
| Filing 9 TEXT ORDER granting #8 Motion for Extension of Time to File Response/Reply re #5 MOTION to Remand to State Court. Replies due by 8/21/2015.Issued by Hon. Leslie G. Foschio on 8/7/2015. (SDW) |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Remand to State Court , #6 Order, Set Deadlines by Damien Neptune. (Attachments: #1 Affidavit Affirmation in Support)(Collins, John) |
| Filing 7 RESPONSE in Opposition re #5 MOTION to Remand to State Court filed by CSX Transportation, Nathan Curry, John L. Gaylord, Cindy Sanborn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration of Nathan Curry in Opposition to Motion to Remand, #5 Memorandum in Support, #6 Certificate of Service)(Roney, Susan) |
Filing 6
ORDER re #5 MOTION to Remand to State Court filed by Damien Neptune. Responses due by 7/24/2015. Replies due by 8/7/2015. Signed by Hon. Leslie G. Foschio on 6/25/2015. (SDW)
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| Filing 5 MOTION to Remand to State Court by Damien Neptune. (Attachments: #1 Affidavit Supporting Affidavit, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(Collins, John) |
| Filing 4 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Leslie G. Foschio. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 6/17/15. (LAS) |
| Filing 3 ANSWER to Complaint by Nathan Curry. (Attachments: #1 Certificate of Service)(Roney, Susan) |
| Case assigned to Hon. Richard J. Arcara. (DZ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (DZ) |
| AUTOMATIC REFERRAL to Mediation ; The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(DZ) |
| Filing 2 Corporate Disclosure Statement by CSX Transportation, Cindy Sanborn. (Attachments: #1 Certificate of Service)(Roney, Susan) |
| Filing 1 NOTICE OF REMOVAL by Cindy Sanborn, CSX Transportation from Erie County Supreme Court, case number 802452/2015. (Filing fee $ 400 receipt number 0209-2281164), filed by Cindy Sanborn, CSX Transportation. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendants' Answer, #3 Exhibit C - Defendants' Demand for Relief, #4 Exhibit D - Plaintiff's Response to Defendants' Demand for Relief, #5 Exhibit E - Document List from NYCEF, #6 Exhibit F - Additional Documents Filed by Plaintiff, #7 Civil Cover Sheet, #8 Certificate of Service of Notice of Removal)(Roney, Susan) |
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