Kistner v. The City of Buffalo et al
| Earl Kistner |
| Kyle Moriarity, Byron Lockwood, The City of Buffalo, Lauren McDermott, Jenny Velez and Karl Schultz |
| 1:2021cv00526 |
| April 20, 2021 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Both |
Docket Report
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Filing 8
TEXT ORDER: Responses to the pending motion to dismiss #5 and to strike #6 shall be filed by July 6, 2021; replies, if any, shall be filed by July 13, 2021; and oral argument is scheduled for August 5, 2021 at 3:00 p.m. Signed by Hon. Jeremiah J. McCarthy on 6/8/21. (MDY)
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Filing 7
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 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. 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. 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. Lawrence J. Vilardo on 6/8/2021. (CMD)
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E-Filing Notification: Incorrect event used to electronically file document. For future reference, use (Motion) event. No action required. #6 MOTION to Strike (SG)
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Filing 6
CROSS-MOTION to Strike defendant's exhibits filed by Earl Kistner. (Attachments: #1 Declaration, #2 Memorandum in Support)(Davenport, Chad) Modified on 6/7/2021 to convert to a pending motion (SG).
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Filing 5
MOTION for Judgment on the Pleadings by Byron Lockwood, Lauren McDermott, Kyle Moriarity, Karl Schultz, The City of Buffalo, Jenny Velez. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Huggins, Maeve)
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Filing 4
ANSWER to #1 Complaint,, by Byron Lockwood, Lauren McDermott, Kyle Moriarity, Karl Schultz, The City of Buffalo, Jenny Velez. (Attachments: #1 Certificate of Service)(Huggins, Maeve)
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Filing 3
SUMMONS Returned Executed by Earl Kistner. All Defendants. (Attachments: #1 Proof of Service - Byron Lockwood, #2 Proof of Service - Lauren McDermott, #3 Proof of Service - Jenny Velez, #4 Proof of Service - Karl Schultz, #5 Proof of Service - Kyle Moriarity)(Rupp, R.)
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Filing 2
Summons Issued as to Byron Lockwood, Lauren McDermott, Kyle Moriarity, Karl Schultz, The City of Buffalo, Jenny Velez. (SG)
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Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)
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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. (SG)
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Filing 1
COMPLAINT against All Defendants $ 402 receipt number 0209-4223279, filed by Earl Kistner. (Attachments: #1 Summons - The City of Buffalo, #2 Summons - Byron Lockwood, Individually & in his capacity as Police Commissioner of the Buffalo Police Department, #3 Summons - Lauren McDermott, Individually and in her capacity as a Buffalo Police Officer, #4 Summons - Jenny Velez, Individually and in her capacity as a Buffalo Police Officer, #5 Summons - Karl Schultz, Individually and in his capacity as a Buffalo Police Officer, #6 Summons - Kyle Moriarity, Individually and in his capacity as a Buffalo Police Officer, #7 Civil Cover Sheet)(Rupp, R.)
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