Young v. Kean, et al
| Tyshawn L. Young d/b/a Tyshawn Young |
| Lynn Wessel Kean, Lakeema Ithna-Asheri, Amy Terrose, Sara Hall, James Lockwood, Mendit Path, Eian Keneedy, Heidi Smith, Menda Puttin, Thomas J. Quatroche, Emily H. O'Reily, Ashley Eason, Matthew Lazroe, Dennis Glascott, Arron Chang, Joseph A. Ruffolo, Sarah Alessi and Mark Peszko |
| 1:2023cv00800 |
| August 9, 2023 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| John L Sinatra |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 ANSWER to #7 Amended Complaint, by Arron Chang.(Visco, John) |
| Filing 36 NOTICE OF AFFIDAVIT TO CURE by Tyshawn L. Young. (TMK) |
| Filing 35 Letter regarding #33 Affidavit of Rebuttal from Tyshawn Young. (TMK) |
| Filing 34 MOTION to Dismiss Complaint by Emily H. O'Reily, Thomas J. Quatroche. (Attachments: #1 Affidavit of Emily H. O'Reilly, #2 Exhibit A to Affidavit of Ms. O'Reilly, #3 Affidavit of Thomas J. Quatroche, Jr., #4 Exhibit A to Affidavit of Mr. Quatroche, #5 Memorandum in Support of Defendants' Motion to Dismiss Complaint, #6 Certificate of Service)(Grimm, Richard) |
| Filing 33 AFFIDAVIT OF REBUTTAL by Tyshawn L. Young. (TMK) |
| Filing 32 TEXT ORDER re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike #5 Amended Complaint, #7 Amended Complaint, filed by Lynn Wessel Kean, Dennis Glascott. Responses due by 10/30/2023. Replies due by 11/14/2023. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 9/28/2023. (SDW)This was mailed to: Plaintiff Tyshawn L. Young, 1440 Jefferson Avenue, Republic Suite 245, Buffalo, NY, 14208. |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Strike #5 Amended Complaint, #7 Amended Complaint, by Dennis Glascott, Lynn Wessel Kean. (Attachments: #1 Memorandum in Support of Defendants' Motion to Strike and to Dismiss, #2 Declaration of Holly Park in Support of Defendants' Motion to Dismiss, #3 Exhibit Park Decl. Ex. A, #4 Exhibit Park Decl. Ex. B)(Terragnoli, Joel) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 28 ANSWER to #7 Amended Complaint, by Matthew Lazroe.(Lazroe, Matthew) |
| Filing 30 Letter from Tyshawn L. Young. (KM) |
| Filing 29 SUMMONS Returned Executed by Tyshawn L. Young. Arron Chang served on 9/18/2023, answer due 10/10/2023. (KM) |
| Filing 27 TEXT ORDER re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Peszko. Responses due by 10/23/2023. Replies due by 11/7/2023. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 9/22/2023. (SDW)This was mailed to: Plaintiff at 1440 Jefferson Avenue, #245, Buffalo, New York. |
| Filing 26 TEXT ORDER granting #20 Motion for Extension of Time to Answer re #20 MOTION for Extension of Time to File Answer or Move Against the Complaint. Emily H. O'Reily answer due 10/10/2023; Thomas J. Quatroche answer due 10/10/2023. Issued by Hon. Leslie G. Foschio on 9/22/2023. (SDW)This was mailed to: Plaintiff at 1440 Jefferson Avenue, #245, Buffalo, New York. |
| Filing 25 CERTIFICATE OF SERVICE by Mark Peszko re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Ferrara, Paul) |
| Filing 24 CERTIFICATE OF SERVICE by Mark Peszko re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #22 Notice of Appearance (Ferrara, Paul) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Peszko. (Attachments: #1 Declaration Paul G. Ferrara, #2 Declaration Mark Peszko, #3 Exhibit Petition, #4 Exhibit OSC, #5 Exhibit Order, #6 Exhibit Report & Recommendation, #7 Exhibit Affidavit, #8 Exhibit Letter, #9 Exhibit Order, #10 Memorandum in Support)(Ferrara, Paul) |
| Filing 22 NOTICE of Appearance by Paul G. Ferrara on behalf of Mark Peszko (Ferrara, Paul) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Filing 21 LETTER Received by Tyshawn L. Young.(KM) Modified on 9/22/2023 (KM). |
| Filing 20 MOTION for Extension of Time to File Answer or Move Against the Complaint by Emily H. O'Reily, Thomas J. Quatroche. (Attachments: #1 Affidavit in Support of Motion to Extend Time to Answer or Move Against the Complaint, #2 Certificate of Service)(Grimm, Richard) |
| Filing 19 TEXT REFERRAL ORDER (DISPOSITIVE) - 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) 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. John L. Sinatra, Jr. on 9/19/2023. (KLH)This was mailed to: Plaintiff. |
| Filing 18 ANSWER to #7 Amended Complaint, by Joseph A. Ruffolo.(Deisinger, Adam) |
| Filing 11 TEXT ORDER. The Court acknowledges the #8 letter to the Court from counsel to two named Defendants. The Court will decide any motions in this case, if and when they are filed. At this point, the Court takes no further action. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/15/2023. (KEF)This was mailed to: Plaintiff. |
| Filing 8 Letter from Attorney Richard A. Grimm, III, dated 9/13/2023, to the Court. (Attachments: #1 Exhibit, #2 Exhibit) (KLH) |
| Filing 17 SUMMONS Returned Executed by Tyshawn L. Young. Joseph A. Ruffolo served on 8/29/2023, answer due 9/19/2023. (KM) |
| Filing 16 SUMMONS Returned Executed by Tyshawn L. Young. Matthew Lazroe served on 9/5/2023, answer due 9/26/2023. (KM) |
| Filing 15 SUMMONS Returned Executed by Tyshawn L. Young. Lakeema Ithna-Asheri served on 8/30/2023, answer due 9/20/2023. (KM) |
| Filing 14 SUMMONS Returned Executed by Tyshawn L. Young. Thomas J. Quatroche served on 8/30/2023, answer due 9/20/2023. (KM) |
| Filing 13 SUMMONS Returned Executed by Tyshawn L. Young. Ashley Eason served on 8/29/2023, answer due 9/19/2023. (KM) |
| Filing 12 SUMMONS Returned Executed by Tyshawn L. Young. Emily H. O'Reily served on 8/29/2023, answer due 9/19/2023. (KM) |
| Filing 10 SUMMONS Returned Executed by Tyshawn L. Young. Lynn Wessel Kean served on 8/23/2023, answer due 9/13/2023. (KM) |
| Filing 9 SUMMONS Returned Executed by Tyshawn L. Young. Dennis Glascott served on 8/23/2023, answer due 9/13/2023; Sara Hall served on 8/23/2023, answer due 9/13/2023; Eian Keneedy served on 8/23/2023, answer due 9/13/2023; James Lockwood served on 8/23/2023, answer due 9/13/2023; Mendit Path served on 8/23/2023, answer due 9/13/2023; Menda Puttin served on 8/23/2023, answer due 9/13/2023; Heidi Smith served on 8/23/2023, answer due 9/13/2023; Amy Terrose served on 8/23/2023, answer due 9/13/2023. (KM) |
| Filing 7 THIRD AMENDED COMPLAINT against Sarah Alessi, Arron Chang, Ashley Eason, Dennis Glascott, Sara Hall, Lakeema Ithna-Asheri, Lynn Wessel Kean, Eian Keneedy, Matthew Lazroe, James Lockwood, Emily H. O'Reily, Mendit Path, Menda Puttin, Thomas J. Quatroche, Joseph A. Ruffolo, Heidi Smith, Amy Terrose, filed by Tyshawn L. Young.(KM) |
| Summons Issued as to Sarah Alessi. (KM) |
| Summons Issued as to Arron Chang, Ashley Eason, Dennis Glascott, Sara Hall, Lakeema Ithna-Asheri, Lynn Wessel Kean, Eian Keneedy, Matthew Lazroe, Emily H. O'Reily/ Mark Peszko, Mendit Path, Menda Puttin, Thomas J. Quatroche, Joseph A. Ruffolo, Heidi Smith, Amy Terrose. (KM) |
| Filing 6 NOTICE of Lawsuit and Request to Waive Service of a Summons by Tyshawn L. Young. (KM) |
| Filing 5 SECOND AMENDED COMPLAINT against Arron Chang, Ashley Eason, Dennis Glascott, Sara Hall, Lakeema Ithna-Asheri, Lynn Wessel Kean, Eian Keneedy, Matthew Lazroe, James Lockwood, Emily H. O'Reily, Mendit Path, Menda Puttin, Thomas J. Quatroche, Joseph A. Ruffolo, Heidi Smith, Amy Terrose, filed by Tyshawn L. Young.(KM) |
| Filing 4 Cover Sheet and Notice to the County by Tyshawn L. Young. (KM) |
| Filing 3 AMENDED COMPLAINT against Arron Chang, Ashley Eason, Dennis Glascott, Sara Hall, Lakeema Ithna-Asheri, Lynn Wessel Kean, Eian Keneedy, Matthew Lazroe, James Lockwood, Emily H. O'Reily, Mendit Path, Menda Puttin, Thomas J. Quatroche, Heidi Smith, Amy Terrose, filed by Tyshawn L. Young.(KM) |
| Summonses were not issued. Clerk provided the summonses and explained the process. Plaintiff created his own notarized summonses and did not understand why he could not use them. (KM) |
| Filing fee received: $ 402.00, receipt number 100002414. (KM) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tyshawn L. Young.(KM) |
| Filing 1 COMPLAINT against Arron Chang, Ashley Eason, Dennis Glascott, Sara Hall, Lakeema Ithna-Asheri, Lynn Wessel Kean, Eian Keneedy, Matthew Lazroe, James Lockwood, Emily H. O'Reily, Mendit Path, Menda Puttin, Thomas J. Quatroche, Heidi Smith, Amy Terrose, filed by Tyshawn L. Young.(KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM) |
| Plaintiff given Pro Se Packet which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, Pro Se Assistance Program Information and the ADR notification. (KM) |
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