Stone #1 et al v. Kubik et al
| Jane Stone #1, Jane Stone #2, Jane Stone #4 and Jane Stone #6 |
| Brian Kubik, Susan Squires, David Stupnick, Matthew Antolini, James Beam, Jordan Middlebrooks, Juan Vasquez, James W. Castonguay, Willie Smith, Melinda Hanzlian and Alvi Castro |
| 1:2021cv01191 |
| November 4, 2021 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Lawrence J Vilardo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Filing 96
Case transferred in from District of New York Southern; Case Number 1:20-cv-01326.
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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. (CGJ)
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Filing 95
MEMO ENDORSEMENT on re: #94 Letter, filed by Jane Stone #4, Jane Stone #1, Jane Stone #2, Jane Stone #6. ENDORSEMENT: Application granted. The Clerk of the Court is respectfully directed to sever and transfer to the Western District of New York all claims against Defendants Susan Squires and Brian Kubik, as well as all claims of Jane Stones #1, 2, 4, and 6, except for the Thirtieth Cause of Action against Anthony Annucci and Jason Effman, which should remain before this Court. Causes of Action 1-19, 22, and 23 should be severed and transferred to the Western District of New York. See Dkt. 56, Second Amended Complaint. Causes of Action 20, 21, 29, and 30 should remain before this Court. Id. It is further ordered that (1) the time for Defendants Squires, Kubik, Castonguay, Middlebrooks, Smith, Stupnick, Hanzlian, Castro, Beam, Antolini, and Vasquez to respond is stayed until the case has been transferred to the Western District of New York and a new schedule is set by the newly assigned court; and (2) the deadline for Defendants Annucci and Effman to file their answers is December 3, 2021. SO ORDERED. Anthony J. Annucci answer due 12/3/2021; Jason Effman answer due 12/3/2021. (Signed by Judge Ronnie Abrams on 11/3/2021) (jca) [Transferred from nysd on 11/4/2021.]
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PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Susan Squires and Brian Kubik, Jane Stones #1, 2, 4, and 6 only, from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York. (jca) [Transferred from nysd on 11/4/2021.]
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Filing 94
JOINT LETTER addressed to Judge Ronnie Abrams from Daniel McGuinness dated 10/28/2021 re: The Parties' Position on which of the Remaining Claims should be Transferred. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #4, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 93
OPINION & ORDER re: #74 FIRST MOTION to Dismiss Supervisory Defendants. filed by Susan Squires, Anthony J. Annucci, Brian Kubik, Jason Effman, Sabina Kaplan, Tanya Mitchell-Voyd. For the foregoing reasons, the Supervisory Defendants' motion is denied in part and granted in part, as follows: (1) the motion to dismiss all Plaintiffs' claims against Defendants Annucci and Effman is denied; (2) the motion to dismiss as untimely Jane Stone #5's claims against Defendant Kaplan is granted, and the Court further sua sponte dismisses Jane Stone #5's other claims; and (3) Defendants' motion to sever and transfer to the WDNY the claims against Squires and Kubik is granted. As noted above, before effectuating such severance and transfer, the Court will give the parties an opportunity to be heard on whether the other claims of Plaintiffs Jane Stone #1, Jane Stone #2, Jane Stone #4, and Jane Stone #6 should similarly be severed and transferred to the WDNY, and such submissions are due within thirty days of the date of this order. The Supervisory Defendants' deadline to answer the complaint is stayed pending resolution of which claims will be transferred and which claims will remain part of the SDNY action. The Clerk of Court is respectfully directed to (1) terminate Defendants Kaplan, Smalls, Guzman, Paige, and Deosarran; and (2) close the motion pending at Dkt. 74. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/28/2021) (ate) [Transferred from nysd on 11/4/2021.]
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Filing 92
MEMO ENDORSEMENT granting #91 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to terminate Ms. Medley from the docket. Attorney Victoria Nicole Medley terminated. (Signed by Judge Ronnie Abrams on 8/31/2021) (ate) Modified on 9/8/2021 (ate). [Transferred from nysd on 11/4/2021.]
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Filing 91
MOTION for Victoria Medley to Withdraw as Attorney . Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(Medley, Victoria) [Transferred from nysd on 11/4/2021.]
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Filing 90
ANSWER to #56 Amended Complaint,, with JURY DEMAND. Document filed by Tanya Mitchell-Voyd..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 89
ORDER: granting #88 Letter Motion for Extension of Time to Answer re #88 LETTER MOTION for Extension of Time to File Answer addressed to Judge Ronnie Abrams from Neil Shevlin dated April 5, 2021. Application Granted. SO ORDERED. Tanya Mitchell-Voyd answer due 5/5/2021. (Signed by Judge Ronnie Abrams on 4/06/2021) (ama) [Transferred from nysd on 11/4/2021.]
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Filing 88
LETTER MOTION for Extension of Time to File Answer addressed to Judge Ronnie Abrams from Neil Shevlin dated April 5, 2021. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 87
REPLY MEMORANDUM OF LAW in Support re: #74 FIRST MOTION to Dismiss Supervisory Defendants. . Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 86
MEMORANDUM OF LAW in Opposition re: #74 FIRST MOTION to Dismiss Supervisory Defendants. . Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 85
ORDER: granting #84 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/09/2021) (ama) [Transferred from nysd on 11/4/2021.]
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Filing 84
LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Neil Shevlin dated February 8, 2021. Document filed by Tanya Mitchell-Voyd..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 83
AMENDED MEMORANDUM OF LAW in Support re: #74 FIRST MOTION to Dismiss Supervisory Defendants. . Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 82
ORDER granting #81 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/25/2021) (kv) [Transferred from nysd on 11/4/2021.]
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Set/Reset Deadlines: Responses due by 2/22/2021 Replies due by 3/5/2021. (kv) [Transferred from nysd on 11/4/2021.]
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Filing 81
JOINT LETTER MOTION for Extension of Time and modification of the Motion to Dismiss briefing schedule addressed to Judge Ronnie Abrams from Daniel McGuinness dated 1/22/2021. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 80
ORDER granting #79 Letter Motion for Extension of Time to File Response/Reply. Application granted. SO ORDERED. Responses due by 1/22/2021 Replies due by 2/8/2021. (Signed by Judge Ronnie Abrams on 1/7/2021) (kv) [Transferred from nysd on 11/4/2021.]
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Filing 79
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Ronnie Abrams from Victoria N. Medley dated 01/06/2021. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(Medley, Victoria) [Transferred from nysd on 11/4/2021.]
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Filing 78
ORDER granting #73 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/9/2020) (kv) [Transferred from nysd on 11/4/2021.]
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Filing 77
MEMORANDUM OF LAW in Support re: #74 FIRST MOTION to Dismiss Supervisory Defendants. . Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 76
DECLARATION of Mark Richter in Support re: #74 FIRST MOTION to Dismiss Supervisory Defendants.. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 75
DECLARATION of Christian Nunez in Support re: #74 FIRST MOTION to Dismiss Supervisory Defendants.. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 74
FIRST MOTION to Dismiss Supervisory Defendants. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 73
LETTER MOTION for Leave to File redacted motion to dismiss addressed to Judge Ronnie Abrams from Neil Shevlin dated December 9, 2020. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 72
AFFIDAVIT OF SERVICE. James Beam served on 11/10/2020, answer due 12/1/2020. Service was accepted by James Beam. Document filed by Jane Stone #5; Jane Stone #1; Jane Stone #6; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 71
WAIVER OF SERVICE RETURNED EXECUTED. Melinda Hanzlian waiver sent on 11/4/2020, answer due 1/4/2021. Document filed by Jane Stone #5; Jane Stone #1; Jane Stone #6; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 70
WAIVER OF SERVICE RETURNED EXECUTED. Alvi Castro waiver sent on 11/4/2020, answer due 1/4/2021. Document filed by Jane Stone #5; Jane Stone #1; Jane Stone #6; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 69
MEMO ENDORSEMENT on re: #67 Letter filed by Susan Squires, Anthony J. Annucci, Brian Kubik, Jason Effman, Sabina Kaplan, Tanya Mitchell-Voyd. ENDORSEMENT: The Court approves of the parties proposed briefing schedule. Within thirty days of this order, the supervisory defendants shall serve and file their motion to dismiss. Plaintiffs shall have thirty days to serve and file their opposition papers, and the supervisory defendants shall have fourteen days to serve and file any reply. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/9/2020) (kv) [Transferred from nysd on 11/4/2021.]
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Filing 68
NOTICE OF APPEARANCE by Neil Shevlin on behalf of Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 67
LETTER addressed to Judge Ronnie Abrams from Neil Shevlin dated November 6, 2020 re: Representation. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 10/29/2020. (arc) [Transferred from nysd on 11/4/2021.]
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Filing 66
ELECTRONIC AMENDED SUMMONS ISSUED as to James Beam. (sj) [Transferred from nysd on 11/4/2021.]
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Filing 65
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to James Beam, re: #56 Amended Complaint,,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 64
LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Neil Shevlin dated October 28, 2020. Document filed by Anthony J. Annucci..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Adam McGuinness to RE-FILE Document No. #63 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from nysd on 11/4/2021.]
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Set/Reset Hearings: Telephone Conference rescheduled for 10/29/2020 at 05:00 PM before Judge Ronnie Abrams. (arc) [Transferred from nysd on 11/4/2021.]
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Filing 63
FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to James Beam, re: #56 Amended Complaint,,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) Modified on 10/28/2020 (jgo). [Transferred from nysd on 11/4/2021.]
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Filing 62
ORDER terminating #61 Letter Motion to Expedite. The parties are hereby directed to appear for a telephone conference to address these issues on Thursday, October 29, 2020 at 11:30 a.m. The parties shall use the dial-in information provided below to call into the conference: Call in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/22/2020) (mml) [Transferred from nysd on 11/4/2021.]
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Set/Reset Hearings: Telephone Conference set for 10/29/2020 at 11:30 AM before Judge Ronnie Abrams. (mml) [Transferred from nysd on 11/4/2021.]
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Filing 61
LETTER MOTION to Expedite response by Supervisory Defendants and Reconsider Defense Counsel Motion to Withdraw addressed to Judge Ronnie Abrams from Daniel McGuinness dated 10/20/2020. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 60
MEMO ENDORSEMENT on re: #59 Letter filed by Anthony J. Annucci. ENDORSEMENT: Application granted. The Clerk of Court is directed to withdraw the New York Attorney General's Office as counsel for defendants Annucci, Effman, Kaplan, Mitchell-Voyd, Squires, Kubik, and Lovelace. No later than November 6, 2020, Defendants shall file a letter updating the Court as to the status of OAG's representational analysis and whether Defendants will answer or otherwise respond to the Second Amended Complaint. SO ORDERED. Attorney Neil Shevlin terminated. (Signed by Judge Ronnie Abrams on 10/20/2020) (kv) [Transferred from nysd on 11/4/2021.]
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Filing 59
LETTER addressed to Judge Ronnie Abrams from Neil Shevlin dated October 16, 2020 re: October 2, 2020 Order. Document filed by Anthony J. Annucci..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 58
ORDER granting #57 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/14/2020) (mml) [Transferred from nysd on 11/4/2021.]
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Filing 57
LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Neil Shevlin dated October 9, 2020. Document filed by Anthony J. Annucci..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 56
SECOND AMENDED COMPLAINT amending #37 Amended Complaint,, against Anthony J. Annucci, Matthew Antolini, James Beam, James W. Castonguay(Correction Officer at Albion Correctional Facility), Naresh Deosarran, Jason Effman, Jose Guzman, Sabina Kaplan, Brian Kubik, Nancy Lopez, Keffion Lovelace, Jordan Middlebrooks, Tanya Mitchell-Voyd, Pedro Norde, Tiffany Paige, Rasheen Smalls, Susan Squires, David Stupnick, Juan Vasquez, Willie Smith, Melinda Hanzlian, Alvi Castro with JURY DEMAND.Document filed by Jane Stone #6, Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2. Related document: #37 Amended Complaint,,..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 10/2/2020. (arc) [Transferred from nysd on 11/4/2021.]
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Filing 55
LETTER addressed to Judge Ronnie Abrams from Neil Shevlin dated September 29, 2020 re: Joint Letter. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 54
ORDER granting #52 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/28/2020) (jca) [Transferred from nysd on 11/4/2021.]
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Filing 53
ORDER granting #50 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/28/2020) (rro) [Transferred from nysd on 11/4/2021.]
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Filing 52
LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Neil Shevlin dated September 25, 2020. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 51
ORDER granting in part and denying in part #49 Letter Motion for Extension of Time. Application granted in part. Defendants' time to respond to the Complaint and the parties' time to file the proposed case management plan is adjourned from September 25, 2020 to a date to be determined at the October 2, 2020 conference. No later than September 28, 2020, however, the parties shall submit their joint letter, as detailed in Dkt. 15. In their joint letter, the parties shall also propose specific next steps for this action. (Signed by Judge Ronnie Abrams on 9/25/2020) (rj) [Transferred from nysd on 11/4/2021.]
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Filing 50
LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Ronnie Abrams from Daniel McGuinness dated 9/25/2020. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 49
LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Neil Shevlin dated September 24, 2020. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 48
AFFIDAVIT OF SERVICE. Tiffany Paige served on 9/14/2020, answer due 10/5/2020. Service was accepted by Dawn Crooms. Service was made by MAIL. Document filed by Jane Stone #6; Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 47
ELECTRONIC SUMMONS ISSUED as to Tiffany Paige. (sj) [Transferred from nysd on 11/4/2021.]
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Filing 46
REQUEST FOR ISSUANCE OF SUMMONS as to Tiffany Paige, re: #37 Amended Complaint,,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 45
AFFIDAVIT OF SERVICE. David Stupnick served on 8/29/2020, answer due 9/25/2020. Service was accepted by David Stupnick. Document filed by Jane Stone #6; Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 44
WAIVER OF SERVICE RETURNED EXECUTED. Pedro Norde waiver sent on 7/17/2020, answer due 9/25/2020. Document filed by Jane Stone #6; Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 43
ELECTRONIC SUMMONS ISSUED as to David Stupnick..(pne) [Transferred from nysd on 11/4/2021.]
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Filing 42
ELECTRONIC SUMMONS ISSUED as to James Beam..(pne) [Transferred from nysd on 11/4/2021.]
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Filing 41
REQUEST FOR ISSUANCE OF SUMMONS as to James Beam, re: #37 Amended Complaint,,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 40
REQUEST FOR ISSUANCE OF SUMMONS as to David Stupnick, re: #37 Amended Complaint,,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 39
AFFIDAVIT OF SERVICE. Matthew Antolini served on 8/5/2020, answer due 9/25/2020. Service was made by Mail. Document filed by Jane Stone #6; Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 38
WAIVER OF SERVICE RETURNED EXECUTED. Jordan Middlebrooks waiver sent on 7/17/2020, answer due 9/25/2020. Document filed by Jane Stone #6; Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Adam McGuinness. The party information for the following party/parties has been modified: James W. Castonguay, Jose Guzman, Jordan Middlebrooks, Tiffany Paige, FNU Smith, Juan Vasquez. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) [Transferred from nysd on 11/4/2021.]
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Filing 37
FIRST AMENDED COMPLAINT amending #30 Amended Complaint,, #1 Complaint, against Anthony J. Annucci, Matthew Antolini, James Beam, Naresh Deosarran, Jason Effman, Jose Guzman, Investigator #1, Investigator #2, Sabina Kaplan, Brian Kubik, Nancy Lopez, Keffion Lovelace, Jordan Middlebrooks, Tanya Mitchell-Voyd, Pedro Norde, Tiffany Paige, Rasheen Smalls, FNU Smith, Susan Squires, David Stupnick, Juan Vasquez, James W. Castonguay with JURY DEMAND.Document filed by Jane Stone #6, Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2. Related document: #30 Amended Complaint,, #1 Complaint,..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 36
ORDER granting #35 Letter Motion for Leave to File Document. Application granted. So Ordered. (Signed by Judge Ronnie Abrams on 8/5/2020) (js) [Transferred from nysd on 11/4/2021.]
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Filing 35
LETTER MOTION for Leave to File Corrected First Amended Complaint to correct Defendant Castonguay's First Name addressed to Judge Ronnie Abrams from Daniel McGuinness dated 08/04/2020. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 34
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Jane Stone #6, Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 33
ORDER granting #32 Letter Motion to Adjourn Conference. Application granted. Defendants' time to respond to the complaint is extended to September 25, 2020. The initial status conference on July 24, 2020 is adjourned to October 2, 2020 at 10:00 a.m. The parties' joint status letter and proposed case management plan is due no later than September 25, 2020. SO ORDERED. Initial Conference set for 10/2/2020 at 10:00 AM before Judge Ronnie Abrams.. (Signed by Judge Ronnie Abrams on 7/17/2020) (jca) [Transferred from nysd on 11/4/2021.]
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Set/Reset Deadlines: Anthony J. Annucci answer due 9/25/2020; Matthew Antolini answer due 9/25/2020; James Beam answer due 9/25/2020; Jason Castonguay answer due 9/25/2020; Naresh Deosarran answer due 9/25/2020; Jason Effman answer due 9/25/2020; Jose Guzman answer due 9/25/2020; Investigator #1 answer due 9/25/2020; Investigator #2 answer due 9/25/2020; Sabina Kaplan answer due 9/25/2020; Brian Kubik answer due 9/25/2020; Nancy Lopez answer due 9/25/2020; Keffion Lovelace answer due 9/25/2020; Jordan Middlebrooks answer due 9/25/2020; Tanya Mitchell-Voyd answer due 9/25/2020; Pedro Norde answer due 9/25/2020; Tiffany Paige answer due 9/25/2020; Rasheen Smalls answer due 9/25/2020; FNU Smith answer due 9/25/2020; Susan Squires answer due 9/25/2020; David Stupnick answer due 9/25/2020; Juan Vasquez answer due 9/25/2020. (jca) [Transferred from nysd on 11/4/2021.]
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Filing 32
LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Victoria Nicole Medley dated 7/16/20. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5, Jane Stone #6..(Medley, Victoria) [Transferred from nysd on 11/4/2021.]
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Filing 31
ORDER: In light of the COVID-19 crisis, the Court will not hold the upcoming initial status conference in this case in person. Counsel should still submit their joint letter and proposed case management plan by July 17, 2020, as directed in the Court's April 27, 2020 Order. Dkt. 17. If the parties are unable to submit their joint letter and proposed case management plan by July 17, they shall request an extension to do so. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If not, the Court will hold the conference by telephone. In any event, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/honronnie-abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/15/2020) (jca) [Transferred from nysd on 11/4/2021.]
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Filing 30
FIRST AMENDED COMPLAINT amending #1 Complaint, against Anthony J. Annucci, Matthew Antolini, James Beam, Jason Castonguay, Naresh Deosarran, Jason Effman, Jose Guzman, Investigator #1, Investigator #2, Sabina Kaplan, Brian Kubik, Nancy Lopez, Keffion Lovelace, Jordan Middlebrooks, Tanya Mitchell-Voyd, Pedro Norde, Tiffany Paige, Rasheen Smalls, FNU Smith, Susan Squires, David Stupnick, Juan Vasquez with JURY DEMAND.Document filed by Jane Stone #6, Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2. Related document: #1 Complaint,..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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ADD PARTY FOR PLEADING. Defendants/Respondents Jason Castonguay added. Party added pursuant to #29 Amended Complaint,,.Document filed by Jane Stone #6, Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2. Related document: #29 Amended Complaint,,..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Adam McGuinness to RE-FILE re: Document No. #29 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; add party Jason Castonguay; all of the parties whom the pleading is against were not selected. 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. (jgo) [Transferred from nysd on 11/4/2021.]
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Filing 29
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against Anthony J. Annucci, Matthew Antolini, James Beam, James W. Castonguay, Naresh Deosarran, Jason Effman, Jose Guzman, Investigator #1, Investigator #2, Sabina Kaplan, Brian Kubik, Nancy Lopez, Keffion Lovelace, Jordan Middlebrooks, Tanya Mitchell-Voyd, Pedro Norde, Tiffany Paige, Rasheen Smalls, FNU Smith, Susan Squires, David Stupnick, Juan Vasquez with JURY DEMAND.Document filed by Jane Stone #6, Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2. Related document: #1 Complaint,..(McGuinness, Daniel) Modified on 7/14/2020 (jgo). [Transferred from nysd on 11/4/2021.]
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ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2, Jane Stone #6 added. Party added pursuant to #1 Complaint,.Document filed by Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2, Jane Stone #6. Related document: #1 Complaint,..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 28
ELECTRONIC SUMMONS ISSUED as to Matthew Antolini..(pne) [Transferred from nysd on 11/4/2021.]
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Filing 27
REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Antolini, re: #1 Complaint,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 26
WAIVER OF SERVICE RETURNED EXECUTED. Nancy Lopez waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Adam McGuinness to RE-FILE Document No. #25 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al';. 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. (jgo) [Transferred from nysd on 11/4/2021.]
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Filing 25
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Antolini, re: #1 Complaint,. Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5..(McGuinness, Daniel) Modified on 7/6/2020 (jgo). [Transferred from nysd on 11/4/2021.]
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Filing 24
WAIVER OF SERVICE RETURNED EXECUTED. Rasheen Smalls waiver sent on 4/20/2020, answer due 6/19/2020. Document filed by Jane Stone #5..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Adam McGuinness to RE-FILE Document No. #22 Request for Issuance of Summons, #23 Request for Issuance of Summons. The filing is deficient for the following reason(s): all filers were not selected for the request for issuance of summons; Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, and Jane Stone #5 must all be selected. 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 summons form PDF. (pne) [Transferred from nysd on 11/4/2021.]
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Filing 23
FILING ERROR - DEFICIENT SUMMONS REQUEST - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Antolini, re: #1 Complaint,. Document filed by Jane Stone #4..(McGuinness, Daniel) Modified on 6/3/2020 (pne). [Transferred from nysd on 11/4/2021.]
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Filing 22
FILING ERROR - DEFICIENT SUMMONS REQUEST - FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David Stupnick, re: #1 Complaint,. Document filed by Jane Stone #2..(McGuinness, Daniel) Modified on 6/3/2020 (pne). [Transferred from nysd on 11/4/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Adam McGuinness to RE-FILE Document No. #21 Request for Issuance of Summons, #20 Request for Issuance of Summons. The filing is deficient for the following reason(s): all filers were not selected for the request for issuance of summons; caption error; caption must match pleading caption; if all party names do not fit in the space provided for defendants, enter the name of the first defendant listed on the pleading followed by 'et al';. 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 corrected summons form PDF. (pne) [Transferred from nysd on 11/4/2021.]
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Filing 21
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David Stupnick, re: #1 Complaint,. Document filed by Jane Stone #2..(McGuinness, Daniel) Modified on 5/29/2020 (pne). [Transferred from nysd on 11/4/2021.]
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Filing 20
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Antolini, re: #1 Complaint,. Document filed by Jane Stone #4..(McGuinness, Daniel) Modified on 5/29/2020 (pne). [Transferred from nysd on 11/4/2021.]
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Filing 19
WAIVER OF SERVICE RETURNED EXECUTED. Naresh Deosarran waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #5..(Medley, Victoria) [Transferred from nysd on 11/4/2021.]
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Filing 18
WAIVER OF SERVICE RETURNED EXECUTED. James W. Castonguay waiver sent on 3/13/2020, answer due 5/12/2020. Document filed by Jane Stone #1..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 17
ORDER granting #16 Letter Motion to Adjourn Conference. Application granted. The initial status conference scheduled for July 31, 2020 will instead take place on July 24, 2020 at 10:45 a.m. The parties' joint letter is due no later than July 17, 2020. Initial Conference set for 7/24/2020 at 10:45 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/27/2020) (rj) [Transferred from nysd on 11/4/2021.]
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Filing 16
LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Neil Shevlin dated April 23, 2020. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 15
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 7/31/2020 at 11:00 AM before Judge Ronnie Abrams. To the extent that COVID-19 still makes it impractical to meet in person at that time, the Court will hold the conference by telephone. Plaintiff is ordered to serve Defendant with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. (Signed by Judge Ronnie Abrams on 4/21/2020) (rj) [Transferred from nysd on 11/4/2021.]
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/20/2020) (rj) [Transferred from nysd on 11/4/2021.]
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Set/Reset Deadlines: Anthony J. Annucci answer due 7/20/2020; Jason Effman answer due 7/20/2020; Sabina Kaplan answer due 7/20/2020; Brian Kubik answer due 7/20/2020; Keffion Lovelace answer due 7/20/2020; Tanya Mitchell-Voyd answer due 7/20/2020; Susan Squires answer due 7/20/2020. (rj) [Transferred from nysd on 11/4/2021.]
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Filing 13
FIRST LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Ronnie Abrams from Neil Shevlin dated April 17, 2020. Document filed by Anthony J. Annucci, Jason Effman, Sabina Kaplan, Brian Kubik, Keffion Lovelace, Tanya Mitchell-Voyd, Susan Squires..(Shevlin, Neil) [Transferred from nysd on 11/4/2021.]
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. Keffion Lovelace waiver sent on 2/27/2020, answer due 4/27/2020. Document filed by Jane Stone #3..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Sabina Kaplan waiver sent on 2/27/2020, answer due 4/27/2020. Document filed by Jane Stone #5..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. Susan Squires waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #1; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 9
WAIVER OF SERVICE RETURNED EXECUTED. Tanya Mitchell-Voyd waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #3..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 8
WAIVER OF SERVICE RETURNED EXECUTED. Brian Kubik waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #4..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 7
WAIVER OF SERVICE RETURNED EXECUTED. Jason Effman waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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Filing 6
WAIVER OF SERVICE RETURNED EXECUTED. Anthony J. Annucci waiver sent on 2/19/2020, answer due 4/20/2020. Document filed by Jane Stone #5; Jane Stone #1; Jane Stone #4; Jane Stone #3; Jane Stone #2..(McGuinness, Daniel) [Transferred from nysd on 11/4/2021.]
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CASE ACCEPTED AS RELATED. Create association to 1:16-cv-01473-RA. Notice of Assignment to follow. (wb) [Transferred from nysd on 11/4/2021.]
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NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from nysd on 11/4/2021.]
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Magistrate Judge Ona T. Wang 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. (wb) [Transferred from nysd on 11/4/2021.]
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Daniel Adam McGuinness for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #3 Statement of Relatedness, #2 Civil Cover Sheet, #1 Complaint, to: caseopenings@nysd.uscourts.gov. (jgo) [Transferred from nysd on 11/4/2021.]
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Filing 5
ORDER ON PLAINTIFFS' MOTION TO PROCEED ANONYMOUSLY: IT IS HEREBY ORDERED, that subject to modification by the assigned Judge, Plaintiffs' motion to proceed anonymously by means of the pseudonym reflected in the caption of this Order is GRANTED; ORDERED, that all public filings will proceed anonymously by means of the pseudonym reflected in this Order, and that all other filings will be redacted to the extent they reveal the identities of Plaintiffs and unredacted copies will be filed under seal, ORDERED, that Defendants and their legal counsel are prohibited from publicly disclosing the names of the Plaintiffs described in the Complaint unless and until the assigned District Court Judge makes a contrary ruling on confidentiality. This Order does not prohibit Defendants from consulting their legal counsel concerning the allegations of the Complaint or the identity of the Plaintiffs. SO ORDERED. (Signed by Judge Denise L. Cote, Part One on 2/14/2020) (jca) [Transferred from nysd on 11/4/2021.]
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Filing 4
SEALED DOCUMENT placed in vault.(mhe) [Transferred from nysd on 11/4/2021.]
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-1473 (RA). Document filed by Jane Stone #1, Jane Stone #2, Jane Stone #3, Jane Stone #4, Jane Stone #5..(jgo) (jgo). [Transferred from nysd on 11/4/2021.]
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Filing 2
CIVIL COVER SHEET filed..(jgo) (jgo). [Transferred from nysd on 11/4/2021.]
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Filing 1
COMPLAINT against Anthony J. Annucci, Matthew Antolini, James Beam, James W. Castonguay, Naresh Deosarran, Jason Effman, FNU Guzman, Investigator #1, Investigator #2, Sabina Kaplan, Brian Kubik, Nancy Lopez, Keffion Lovelace, Tanya Mitchell-Voyd, Pedro Norde, FNU Paige, Rasheen Smalls, Susan Squires, David Stupnick, Alexander Vasquez. (Filing Fee $ 400.00, Receipt Number 465401254658)Document filed by Jane Stone #5, Jane Stone #1, Jane Stone #4, Jane Stone #3, Jane Stone #2..(jgo) (jgo). [Transferred from nysd on 11/4/2021.]
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Case Designated ECF. (jgo) [Transferred from nysd on 11/4/2021.]
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CASE REFERRED TO Judge Ronnie Abrams as possibly related to 16-cv-1473. (jgo) [Transferred from nysd on 11/4/2021.]
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