Milligan v. Howard et al
| Douglas M. Milligan |
| Superintendent Thomas Diina, County of Erie, Office of the Erie Counthy Sheriff, Erie County Sheriff Timothy B. Howard, Thomas Diina, Timothy B. Howard and John Does 1-10 |
| 1:2020cv01246 |
| September 9, 2020 |
| US District Court for the Western District of New York |
| William M Skretny |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 STIPULATION of Dismissal , with Prejudice, of (i) Complaint as Against Only Defendant, Office of the Erie County Sheriff, and (ii) Plaintiff's Punitive Damages Claim as Against Only Defendant, County of Erie, by County of Erie, Office of the Erie Counthy Sheriff. (Kirby, Kenneth) |
| Filing 15 RESPONSE to Motion re #2 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF PERSONAL JURISDICTION, #8 First MOTION to Strike #1 Notice of Removal,, Motion to Strike from Plaintiff's Complaint Exhibit "A" annexecd thereto and All References Thereto that are Contained in the Complaint Because They Are "immaterial, Impertinent, #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AFFIDAVIT of James E. Morris, Esq. filed by Douglas M. Milligan. (Attachments: #1 Exhibit A - July 28, 2019 ECCF record, #2 Exhibit B - July 29, 2019 ECCF record, #3 Exhibit C - July 30, 2019 ECCF record, #4 Exhibit D - August 1, 2019 ECMC record, #5 Exhibit E - August 3, 2019 ECMC record, #6 Exhibit F - Summons and Complaint, #7 Exhibit G - November 17, 2019 Buffalo News Article, #8 Memorandum in Support, #9 Certificate of Service)(Morris, James) |
| Filing 14 Stipulation-Selection of Mediator by County of Erie, Thomas Diina, Timothy B. Howard, Office of the Erie Counthy Sheriff(Kirby, Kenneth) |
| Filing 13 TEXT ORDER -- IT HEREBY IS ORDERED that Plaintiff's unopposed #12 Motion to Extend Time to Respond is GRANTED. Plaintiff shall file his response by October 23, 2020, and Defendants shall file their reply by November 13, 2020. SO ORDERED. Issued by William M. Skretny, United States District Judge on 9/14/2020. (JCM) |
| Filing 12 First MOTION for Extension of Time to File Response/Reply Filed by Douglas M. Milligan. (Attachments: #1 Affidavit Affirmation in Support of Motion to Extend Time)(Morris, James) |
| Filing 11 SCHEDULING NOTICE on Defendants' #2 #5 Motions to Dismiss and #8 Motion to Strike. Plaintiff's response is due by 9/25/2020. Defendants' reply is due 10/2/2020. Oral Argument will be scheduled by the Court, if necessary. (JCM) |
| 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. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (JD) |
| Filing 10 MEMORANDUM IN SUPPORT re #8 First MOTION to Strike #1 Notice of Removal,, Motion to Strike from Plaintiff's Complaint Exhibit "A" annexecd thereto and All References Thereto that are Contained in the Complaint Because They Are "immaterial, Impertinent and Scandalous" [As Well as Unfairly Prejudicial] byCounty of Erie, Thomas Diina, Timothy B. Howard, Office of the Erie Counthy Sheriff. (Kirby, Kenneth) |
| Filing 9 AFFIDAVIT re #8 First MOTION to Strike #1 Notice of Removal,, Motion to Strike from Plaintiff's Complaint Exhibit "A" annexecd thereto and All References Thereto that are Contained in the Complaint Because They Are "immaterial, Impertinent Kenneth R. Kirby's Affidavit in Support of Specified Defendants' Motion to Strike Exhibit "A" and References Thereto (Particularly [But Not Limited to] Paragraphs 20 and 21) from the Complaiint by County of Erie, Thomas Diina, Timothy B. Howard, Office of the Erie Counthy Sheriff. (Attachments: #1 Exhibit NYS Supreme Court Summons & Complaint, #2 Exhibit NYS Supreme Court Docket Report, #3 Exhibit Date-stamped receipt of NYS Summons, #4 Exhibit (Federal Court) Notice of Removal of Action, #5 Exhibit Notice to State Court of Removal of Action to U.S. W.D.N.Y., #6 Exhibit Docket Report for USA v Erie Co., NY, #1:09-cv-00849-WMS-JJM, #7 Exhibit Complaint in USA v Erie Co., NY, et al., #1:09-cv-00849-WMS-JJM, #8 Exhibit Stipulated Order of Dismissal in USA v Erie Co., NY, #1:09-cv-00849-WMS-JJM, #9 Exhibit Order Entering Stipulated Order of Dismissal in USA v Erie Co., NY, et al., #1:09-cv-00849-WMS-JJM, #10 Exhibit Sixteenth Monitoring Report U.S. Dep't. of Justice v Erie Co., NY, #1:09-cv-00849-WMS-JJM, #11 Exhibit Seventeenth Monitoring Report in U.S. Dep't. of Justice v Erie Co., NY, #1:09-cv-00849-WMS-JJM)(Kirby, Kenneth) |
| Filing 8 First MOTION to Strike #1 Notice of Removal,, Motion to Strike from Plaintiff's Complaint Exhibit "A" annexecd thereto and All References Thereto that are Contained in the Complaint Because They Are "immaterial, Impertinent, or Scandalous" by County of Erie, Thomas Diina, Timothy B. Howard, Office of the Erie Counthy Sheriff.(Kirby, Kenneth) |
| Filing 7 MEMORANDUM IN SUPPORT re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Memorandum of Law in Support of Defendant County of Erie's Motion to Dismiss Complaint (Or Portions Thereof) as Against the Said Defendant, with Prejudice byCounty of Erie. (Kirby, Kenneth) |
| Filing 6 AFFIDAVIT re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Kenneth R. Kirby's Affidavit in Support of Motion of Defendant, County of Erie, to Dismiss Portions of Complaint as Against It, with Prejudice by County of Erie. (Attachments: #1 Exhibit NYS Supreme Court Summons & Complaint, #2 Exhibit NYS Supreme Court Docket Report, #3 Exhibit Date-stamped NYS Supreme Court Summons, #4 Exhibit Notice of Removal of Action, #5 Exhibit Notice to State Court of Removal of Action to U.S. W.D.N.Y.)(Kirby, Kenneth) |
| Filing 5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by County of Erie.(Kirby, Kenneth) |
| Filing 4 MEMORANDUM IN SUPPORT re #2 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF PERSONAL JURISDICTION byOffice of the Erie Counthy Sheriff. (Kirby, Kenneth) |
| Filing 3 AFFIDAVIT re #1 Notice of Removal,, Kenneth R. Kirby's Affidavit in Support of Motion of Defendant, "Office of the Erie County Sheriff," to Dismiss Complaint as Against It, with Prejudice by Office of the Erie Counthy Sheriff. (Attachments: #1 Exhibit NYS Supreme Court Summons & Coimplaint, #2 Exhibit NYS Supreme Court Docket Report, #3 Exhibit NYS Summons with Date Stamp of Receipt by Erie Co. Law Dep't., #4 Exhibit Notice of Removal of Action, #5 Exhibit Notice to State Court of Removal of Action to U.S. W.D.N.Y., #6 Exhibit Art. 21 ("Sheriff") - Erie Co. Charter)(Kirby, Kenneth) |
| Filing 2 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF PERSONAL JURISDICTION by Office of the Erie Counthy Sheriff.(Kirby, Kenneth) |
| Filing 1 NOTICE OF REMOVAL by County of Erie, Timothy B. Howard, Office of the Erie Counthy Sheriff, Thomas Diina from New York Supreme Court, case number 808502/2020. (Filing fee $ 400 receipt number 0209-3966478), filed by County of Erie, Timothy B. Howard, Office of the Erie Counthy Sheriff, Thomas Diina. (Attachments: #1 Civil Cover Sheet, #2 Exhibit NYS Supreme Court Summons & Complaint, #3 Exhibit NYSCEF Document List (State Court Docket Report), #4 Appendix Notice to State Court of Removal of Action to U.S. W.D.N.Y., #5 Appendix Affidavit of Service of Notice to State Court of Removal of Action to U.S. W.D.N.Y.)(Kirby, Kenneth) |
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