Flannery v. County of Niagara et al
| Jennifer G Flannery |
| County of Niagara, Sheriff Michael J. Filicetti, PrimeCare Medical of New York, Inc., PrimeCare Medical, Inc., Dr. Ana Natasha Cervantes and Niagara County Sheriff's Deputies John Does 1-5 |
| 1:2023cv00864 |
| August 22, 2023 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| John L Sinatra |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 AFFIDAVIT of Plaintiff in Opposition re #11 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jennifer G Flannery. (Attachments: #1 Exhibit Exhibit A - Affidavit of Service re John Does, #2 Memorandum in Support Memorandum of Law)(Penberthy, BrittanyLee) |
| Filing 15 TEXT ORDER re #14 MOTION for an Extension of Time to Respond to Motions to Dismiss filed by Jennifer G Flannery, to which all parties consent, is GRANTED. Responses are due October 10, 2023. Replies are due November 2, 2023. SO ORDERED. Signed by Hon. Leslie G. Foschio on 10/5/2023. (TAH) |
| Filing 14 MOTION to Adjourn Motion to Dismiss by Jennifer G Flannery.(Penberthy, BrittanyLee) |
| Filing 13 TEXT ORDER re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Niagara, Michael J. Filicetti, #11 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ana Natasha Cervantes. Responses due by 10/5/2023. Replies due by 10/25/2023. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 9/5/2023. (SDW) |
| Filing 12 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 8/30/2023. (KLH) |
| Filing 11 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ana Natasha Cervantes. (Attachments: #1 Declaration, #2 Exhibit Exhibit 1 - S&C, #3 Exhibit Exhibit 2 - Amended Complaint, #4 Exhibit Exhibit 3 - Affidavit of Dr Cervantes, #5 Memorandum in Support)(Markel, Katherine) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by County of Niagara, Michael J. Filicetti. (Attachments: #1 Declaration of Brian P. Crosby, Esq., #2 Exhibit A - Notice of Claim, #3 Exhibit B - Summons & Complaint, #4 Exhibit C - Amended Summons & Amended Complaint, #5 Memorandum in Support)(Crosby, Brian) |
| Filing 9 Corporate Disclosure Statement by PrimeCare Medical of New York, Inc., PrimeCare Medical, Inc.. (Sanders, Paul) |
| Filing 8 ANSWER to Complaint - Answer to Amended Complaint by PrimeCare Medical of New York, Inc., PrimeCare Medical, Inc..(Sanders, Paul) |
| Filing 7 NOTICE of Appearance by Paul A. Sanders on behalf of PrimeCare Medical of New York, Inc., PrimeCare Medical, Inc. (Sanders, Paul) |
| Filing 6 NOTICE of Appearance by Katherine Veith Markel on behalf of Ana Natasha Cervantes (Markel, Katherine) |
| Filing 5 TEXT ORDER granting #4 Motion for Leave to File Excess Pages. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (NAK) |
| Filing 4 MOTION for Leave to File Excess Pages by County of Niagara, Michael J. Filicetti.(Morton, Melissa) |
| Filing 3 NOTICE of Appearance by Elisha D. Teibel on behalf of County of Niagara, Michael J. Filicetti (Teibel, Elisha) |
| Filing 2 NOTICE of Appearance by Melissa M. Morton on behalf of County of Niagara, Michael J. Filicetti (Morton, Melissa) |
| Filing 1 NOTICE OF REMOVAL by Michael J. Filicetti, County of Niagara from Supreme Court of the State of New York, County of Niagara, case number E179997/2023. (Filing fee $ 402 receipt number ANYWDC-4956464), filed by Michael J. Filicetti, County of Niagara. (Attachments: #1 Exhibit A - Index of State Court Filings, #2 Exhibit B - Summons & Complaint, #3 Exhibit C - Notice to County Clerk, #4 Exhibit D - Amended Complaint, #5 Exhibit E - Amended Summons, #6 Exhibit F - Sanders Declaration, #7 Exhibit G - Markel Declaration, #8 Civil Cover Sheet)(Crosby, Brian) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| 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) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
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