Capaccio et al v. Zafuto et al
Plaintiff: Joseph Capaccio and J-Cap Contractors, LLC
Defendant: Dave Zafuto, Patrick Sole, Vincent Ferrarccio, Joseph Zappia, Judy Porto-Fiorella, The City of Buffalo and John Doe
Case Number: 1:2023cv00540
Filed: June 14, 2023
Court: U.S. District Court for the Western District of New York
Presiding Judge: Leslie G Foschio
Referring Judge: Lawrence J Vilardo
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 6, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Opinion or Order Filing 8 Corporate Disclosure Statement by Joseph Capaccio, J-Cap Contractors, LLC. (Davenport, Chad)
July 21, 2023 Opinion or Order Filing 7 NOTICE of Appearance by Margaret J. Drzewiecki on behalf of Joseph Capaccio, J-Cap Contractors, LLC (Drzewiecki, Margaret)
July 18, 2023 Opinion or Order ATTENTION ALL 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 Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
July 14, 2023 Opinion or Order Filing 6 ORDER. Each party, including any party appearing for themselves without counsel, shall provide to the court, either jointly or separately, a proposed case management order not later than 8/22/2023 for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b). Upon receipt of the proposed case management order(s), a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 7/14/2023. (SDW)
July 13, 2023 Opinion or Order Filing 5 TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, 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. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/13/2023. (DJ)
July 13, 2023 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
July 12, 2023 Opinion or Order Filing 4 ANSWER to #1 Complaint, by John Doe, Vincent Ferrarccio, Judy Porto-Fiorella, Patrick Sole, The City of Buffalo, Dave Zafuto, Joseph Zappia.(Quinn, Robert)
June 29, 2023 Opinion or Order E-Filing Notification: #3 SUMMONS Returned Executed missing case caption and/or case number. When filing please file in proper format. No action required.(RE)
June 28, 2023 Opinion or Order Filing 3 SUMMONS Returned Executed by J-Cap Contractors, LLC, Joseph Capaccio. Vincent Ferrarccio served on 6/21/2023, answer due 7/12/2023; Judy Porto-Fiorella served on 6/21/2023, answer due 7/12/2023; Patrick Sole served on 6/21/2023, answer due 7/12/2023; The City of Buffalo served on 6/21/2023, answer due 7/12/2023; Dave Zafuto served on 6/21/2023, answer due 7/12/2023; Joseph Zappia served on 6/21/2023, answer due 7/12/2023. (Attachments: #1 Proof of Service - Patrick Sole, #2 Proof of Service - Vincent Ferrarccio, #3 Proof of Service - Joseph Zappia, #4 Proof of Service - Judy Porto-Fiorella, #5 Proof of Service - The City of Buffalo)(Davenport, Chad)
June 15, 2023 Opinion or Order Filing 2 Summons Issued as to Vincent Ferrarccio, Judy Porto-Fiorella, Patrick Sole, The City of Buffalo, Dave Zafuto, Joseph Zappia. (TMK)
June 15, 2023 Opinion or Order Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
June 15, 2023 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
June 15, 2023 Opinion or Order 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. (TMK)
June 14, 2023 Opinion or Order Filing 1 COMPLAINT against John Doe, Vincent Ferrarccio, Judy Porto-Fiorella, Patrick Sole, The City of Buffalo, Dave Zafuto, Joseph Zappia $ 402 receipt number ANYWDC-4900221, filed by J-Cap Contractors, LLC, Joseph Capaccio. (Attachments: #1 Summons - Dave Zafuto, #2 Summons - Patrick Sole, #3 Summons - Vincent Ferrarccio, #4 Summons - Joseph Zappia, #5 Summon - Judy Porto-Fiorella, #6 Summons - The City of Buffalo, #7 Civil Cover Sheet)(Davenport, Chad)

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Plaintiff: Joseph Capaccio
Represented By: Chad A. Davenport
Represented By: Margaret J. Drzewiecki
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Plaintiff: J-Cap Contractors, LLC
Represented By: Chad A. Davenport
Represented By: Margaret J. Drzewiecki
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Defendant: Dave Zafuto
Represented By: Robert Emmet Quinn
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Defendant: Patrick Sole
Represented By: Robert Emmet Quinn
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Defendant: Vincent Ferrarccio
Represented By: Robert Emmet Quinn
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Defendant: Joseph Zappia
Represented By: Robert Emmet Quinn
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Defendant: Judy Porto-Fiorella
Represented By: Robert Emmet Quinn
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Defendant: The City of Buffalo
Represented By: Robert Emmet Quinn
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Defendant: John Doe
Represented By: Robert Emmet Quinn
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