Pinto v. Lake Shore Central School District et al
| Mr. Paul S. Pinto and Paul S. Pinto |
| Lake Shore Central School District, Town of Evans and Town of Evans Police Department |
| 1:2023cv00977 |
| September 15, 2023 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| John L Sinatra |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
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| SCHEDULING NOTICE as to #11 MOTION to Dismiss by Lake Shore Central School. Responses due by 12/26/2023. Replies due by 1/16/2024. Oral argument will be held at the Court's discretion. (RAZ) NEF/SCHEDULING NOTICE mailed to pro se plaintiff. |
| Filing 11 MOTION to Dismiss by Lake Shore Central School District. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion, #2 Certificate of Service Certificate of Service)(Saraf, Richard) |
| Filing 10 TEXT ORDER granting #8 Motion for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe. SO ORDERED. Issued by Hon. Michael J. Roemer on 10/16/2023. (RAZ)This was mailed to: Pro Se Plaintiff. |
| RESCHEDULING NOTICE as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe. Responses due by 12/26/2023. Replies due by 1/16/2024. Oral argument will be held at the Court's discretion. (RAZ) Copy of NEF/RESCHEDULING ORDER mailed to pro se plaintiff. |
| Filing 9 AFFIDAVIT of Service for NYSCEF Confirmation Notice; Summons and Verified Complaint served on Town of Evans Police Department, Lake Shore Central School District a/k/a Evans-Brant Central School District, and the Town of Evans on 9/27/2023 filed by Paul S. Pinto. (JLV) |
| Filing 8 MOTION for Extension of Time to File Response as to #3 MOTION TO DISMISS by Paul S. Pinto.(JLV) |
| E-Filing Notification: #6 CONTINUATION OF EXHIBITS by Town of Evans, Town of Evans Police Department. to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe, Supplemental Declaration in Support of Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(6) filed by Town of Evans, Town of Evans Police Department. (Attachments: # 1 Exhibit 3 - 50-H Transcript of John Doe, # 2 Certificate of Service)(Ryan, Molly) Redactions on this document are incomplete and this shall remain sealed. Full redacted exhibits are contained in #7 CONTINUATION OF EXHIBITS. (RAZ) Modified on 9/29/2023 (RAZ). |
| Filing 7 CONTINUATION OF EXHIBITS by Town of Evans, Town of Evans Police Department. to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe, Supplemental Declaration in Support of Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(6) filed by Town of Evans, Town of Evans Police Department. (Attachments: #1 Exhibit 3 - 50-h Transcript of John Doe, #2 Certificate of Service)(Ryan, Molly) |
| Filing 6 CONTINUATION OF EXHIBITS by Town of Evans, Town of Evans Police Department. to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe, Supplemental Declaration in Support of Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(6) filed by Town of Evans, Town of Evans Police Department. (Attachments: #1 Exhibit 3 - 50-H Transcript of John Doe, #2 Certificate of Service)(Ryan, Molly) |
| Filing 5 TEXT REFERRAL ORDER (DISPOSITIVE) - 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) 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 9/26/2023. (KLH)This was mailed to: Plaintiff. |
| Filing 4 NOTICE of Appearance by Richard T. Saraf on behalf of Lake Shore Central School District (Saraf, Richard) |
| SCHEDULING NOTICE as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe. Responses due by 10/26/2023. Replies due by 11/13/2023. Motion Hearing set for 11/28/2023 11:30 AM in Alleghany Courtroom, 6th Floor East, 2 Niagara Square, Buffalo, NY before Hon. Michael J. Roemer. (RAZ) Copy of SCHEDULING NOTICE/NEF mailed to pro se plaintiff. |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Pro se plaintiff Paul Pinto cannot represent his minor child, plaintiff John Doe, by Town of Evans, Town of Evans Police Department. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit 1 - Copy of the transcript of plaintiff Paul Pintos General Municipal Law 50-h examination under oath conducted on January 21, 2023, #4 Exhibit 2 - Copy of plaintiffs notice of claim dated September 12, 2022, #5 Certificate of Service)(Ryan, Molly) |
| Filing 2 CERTIFICATE OF SERVICE by Town of Evans, Town of Evans Police Department (Ryan, Molly) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (JLV) Copy mailed to pro se plaintiff. |
| 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) Copy mailed to pro se plaintiff. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) Copy mailed to pro se plaintiff. |
| Filing 1 NOTICE OF REMOVAL by Town of Evans Police Department, Town of Evans from State of New York, Supreme Court, County of Erie, case number 809893/2023. (Filing fee $ 402 receipt number ANYWDC-4976841), filed by Town of Evans Police Department, Town of Evans. (Attachments: #1 Document Index for Notice of Removal, #2 Exhibit 1 - Plaintiff's Summons & Verified Complaint, filed 8/11/2023, #3 Exhibit 2 - Plaintiff's Request for Judicial Intervention, filed 8/11/2023, #4 Exhibit 3 - Plaintiff's Affidavit of Service of Summons & Verified Complaint on Defendant Lake Shore Central School District a/k/a Evans-Brant Central School District, filed 8/22/2023, #5 Exhibit 4 - Plaintiff's Affidavit of Service of Summons & Verified Complaint on Defendant Town of Evans Police Department, filed 8/22/2023, #6 Exhibit 5 - Plaintiff's Affidavit of Service of Summons & Verified Complaint on Defendant Town of Evans, filed 8/22/2023, #7 Civil Cover Sheet, #8 Civil Cover Sheet (Attachment))(Ryan, Molly) |
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