Martin v. Town of Tonawanda et al
| Eric C Martin |
| Town Clerk Town of Tonawanda and Brian Valint |
| Town of Tonawanda Police Department and Mark Muscoreil |
| Speedway LLC |
| 1:2023cv00419 |
| May 11, 2023 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| William M Skretny |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Filing 18
REPLY to Response to Motion re #10 First MOTION to Remand to State Court Reply Memorandum & Declaration filed by Eric C Martin. (Attachments: #1 Declaration Reply Declaration)(Feroleto, John)
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E-Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1-3c). Action required: re-file document using same signature and password. #17 REPLY to Response to Motion re #10 First MOTION to Remand to State Court Reply Memorandum & Declaration filed by Eric C Martin. (Attachments: # 1 Declaration Reply Declaration)(Wnek, Jill) (CGJ)
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Filing 17
REPLY to Response to Motion re #10 First MOTION to Remand to State Court Reply Memorandum & Declaration filed by Eric C Martin. (Attachments: #1 Declaration Reply Declaration)(Wnek, Jill)
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Filing 16
AFFIDAVIT of Attorney Paul G. Joyce in Opposition re #10 First MOTION to Remand to State Court filed by Mark Muscoreil, Town of Tonawanda Police Department, Brian Valint. (Attachments: #1 Exhibit A-Correspondence, #2 Memorandum of Law in Opposition)(Joyce, Paul)
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Filing 15
CONTINUATION OF EXHIBITS by Speedway LLC. to #14 Declaration filed by Speedway LLC. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G)(Schoonmaker, Cory)
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Filing 14
DECLARATION signed by Cory J. Schoonmaker re #10 First MOTION to Remand to State Court filed by Speedway LLC filed by Speedway LLC. (Attachments: #1 Memorandum in Support)(Schoonmaker, Cory)
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Filing 13
SCHEDULING NOTICE on Plaintiff's #10 Motion to Remand. Defendants' responses are due by 6/28/2023. Plaintiff's reply, if any, is due by 7/5/2023. Oral Argument will be scheduled by the Court, if necessary. (JCM)
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Filing 12
NOTICE of Appearance by Cory John Schoonmaker on behalf of Speedway LLC (Schoonmaker, Cory)
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Filing 11
NOTICE of Appearance by Brittany L. Hannah on behalf of Speedway LLC (Hannah, Brittany)
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Filing 10
First MOTION to Remand to State Court by Eric C Martin. (Attachments: #1 Declaration, #2 Exhibit 1-TTPD Reports, #3 Exhibit 2-Deposition of Eric Martin, #4 Exhibit 3-Audio & Transcript, #5 Exhibit 4-Order of TTPD Police, #6 Exhibit 5-Video Clip 12 & 13, #7 Exhibit 6-Video Clips 14-16, #8 Exhibit 7-Deposition of Brian Ienco, #9 Exhibit 8-Eric Martin Strip Search, #10 Exhibit 9-Appearance Ticket, #11 Exhibit 10-Lottery Ticket, #12 Exhibit 11-Deposition of Mark Muscoreil, #13 Exhibit 12-Report of Violation 8-6-20, #14 Exhibit 13-Report of Violation 8-7-20, #15 Exhibit 14-Privilege Log (Speedway), #16 Exhibit 15-Confidentiality Agreement, #17 Exhibit 16-Email of B. Hannah, Esq., #18 Memorandum in Support)(Feroleto, John)
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NOTICE of MANUAL FILING by Eric C Martin re #10 (Feroleto, John)
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E-Filing Notification: #11 NOTICE of Appearance; incorrect attorney account used to e-file. Please see Doc. No. #12 for correct Notice of Appearance. (JLV)
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Filing 9
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 5/30/2023. (RAZ)
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Filing 8
DEMAND for Trial by Jury by Speedway LLC. (Hannah, Brittany)
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Filing 7
TEXT REFERRAL ORDER. Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), 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 not 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), unless further ordered by this Court. 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. SO ORDERED. Issued by William M. Skretny, United States District Judge on 5/23/2023. (JCM)
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Filing 6
ANSWER to Complaint (Amended), CROSSCLAIM against Speedway LLC by Brian Valint, Town of Tonawanda Police Department, Mark Muscoreil.(Joyce, Paul)
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Filing 5
Corporate Disclosure Statement by Speedway LLC identifying Corporate Parent Speedway LLC, Corporate Parent SEI Speedway Holdings, LLC (DE), Corporate Parent SEJ Asset Management & Investment Company, Inc., Corporate Parent Seven & i Holdings, Co., Ltd., Corporate Parent Seven-Eleven Japan Co., Ltd, Corporate Parent 7-Eleven, Inc. for Speedway LLC.. (Hannah, Brittany)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
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ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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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. (JLV)
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Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (JLV)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)
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Filing 4
NOTICE of Appearance by Brittany L. Hannah on behalf of Speedway LLC (Hannah, Brittany)
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Filing 3
CONTINUATION OF EXHIBITS to #2 Continuation of Exhibits,,,, #1 Notice of Removal,,,,, . (Attachments: #1 Exhibit 46-Notice of Entry (004), #2 Exhibit 47-Proposed Order (003), #3 Exhibit 48-Order (003), #4 Exhibit 49-Notice of Entry (003), #5 Exhibit 50-Ltr. to Judge, #6 Exhibit 51-Ltr. So Ordered, #7 Exhibit 52-Pltf. Motion to Amend (005), #8 Exhibit 53-Ltr. to Judge, #9 Exhibit 54-Deft. Tonawanda Aff in Opp., #10 Exhibit 55-Pltf. Reply Aff (005), #11 Exhibit 56-Proposed Order (005), #12 Exhibit 57-Order (005), #13 Exhibit 58-Notice of Entry (005), #14 Exhibit 59-Amended Summons and Complaint, #15 Exhibit 60-Deft. Speedway Answer to Amended Complaint, #16 Exhibit 61-Ltr. to Judge)(Smith, Marc)
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Filing 2
CONTINUATION OF EXHIBITS to #1 Notice of Removal,,,,, . (Attachments: #1 Exhibit 21-Pltf. Reply Aff. (003), #2 Exhibit 22-Pltf. Reply Aff. (002), #3 Exhibit 23-Pltf. Reply Aff. (004), #4 Exhibit 24-Ltr. to Judge (002), #5 Exhibit 25-Proposed Order and Transcript (002), #6 Exhibit 26-Ltr. to Judge (002), #7 Exhibit 27-Order Proposed (002), #8 Exhibit 28-Ltr. to Judge (004), #9 Exhibit 29-Ltr. to Judge (004), #10 Exhibit 30-Proposed Order and Transcript (004), #11 Exhibit 31-Ltr. to Judge (002), #12 Exhibit 32-Ltr. to Judge (004), #13 Exhibit 33-Ltr. to Judge (002), #14 Exhibit 34-Proposed Order (002), #15 Exhibit 35-Ltr. to Judge (004), #16 Exhibit 36-Proposed Order (004), #17 Exhibit 37-Order (002), #18 Exhibit 38-Order (004), #19 Exhibit 39-Notice of Entry (002), #20 Exhibit 40-Notice of Entry (004), #21 Exhibit 41-Notice of Entry (002), #22 Exhibit 42-Notice of Entry (004), #23 Exhibit 43-Memorandum Decision (004), #24 Exhibit 44-Order (004), #25 Exhibit 45-Order (004))(Smith, Marc)
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Filing 1
NOTICE OF REMOVAL by Brian Valint, Town of Tonawanda Police Department, Town of Tonawanda, Mark Muscoreil from NY State Supreme Court - Erie County, case number 808523/2021. (Filing fee $ 402 receipt number ANYWDC-4871235), filed by Brian Valint, Town of Tonawanda Police Department, Town of Tonawanda, Mark Muscoreil. (Attachments: #1 Notice of Removal, #2 Exhibit A - Notice of Claim, #3 Exhibit B - Amended Notice of Claim, #4 Exhibit C - Summons and Complaint, #5 Exhibit D - Amended Complaint, #6 Supplement Index of Exhibits, #7 Exhibit 1-Notice of Claim, #8 Exhibit 2-Amended Notice of Claim, #9 Exhibit 3-Summs, Complaint, and Service Affs., #10 Exhibit 4-Stip of Partial Discontinuance, #11 Exhibit 5-Speedway Answer, #12 Exhibit 6-Tonawanda Answer, #13 Exhibit 7-Tonawanda Ans. to Cross-claims, #14 Exhibit 8-RJI, #15 Exhibit 9-Pltf. Motion to Compel (001), #16 Exhibit 10-Deft. Tonawanda Opposition, #17 Exhibit 11-Ltr. to Judge, #18 Exhibit 12-Pltf. Reply Aff., #19 Exhibit 13-Pltf. Motion to Compel (002), #20 Exhibit 14-Proposed Order (001), #21 Exhibit 15-Ltr. to Judge, #22 Exhibit 16-Order (001), #23 Exhibit 17-Pltf. Motion to Compel (003), #24 Exhibit 18-Notice of Appeal (003), #25 Exhibit 19-Speedway Motion (004), #26 Exhibit 20-Deft. Tonawanda Opp. (003))(Smith, Marc)
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