Baumeister v. Garcia et al
| Brandon Baumeister and Brandon G. Baumeister |
| Sheriff John C. Garcia, City of Buffalo, Buffalo Police Department, Niagara County, Sheriff Michael J. Filicetti, City of Niagara Falls, Niagara Falls Police Department, Village of Lewiston, Town of Lewiston, Town of Lewiston Police Dept., Deputy Nicholas Cervoni, Deputy Justin Bauer, Deputy Paul Kieffer, Deputy David Liskiewicz, Deputy Robert Lazarcyzk, Deputy Kuhn, Deputy Ellis, Sergeant Christopher Soluri, PO Jonathan Emmons, PO Joshua Belin, Captain Michael Salada, Lieutenant Sean Furey, Deputy James Villani, Deputy Justin Schwarzmueller, Deputy Marylynn Stephenson, PO Adam Moen, PO Michael A. Kidder, John Doe #1-20, Lewiston Police Department, Jonathan Emmons, Joshua Belin, Adam Moen, Michael A. Kidder, Jr and Erie County |
| 1:2023cv01150 |
| November 1, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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| Filing 58 TEXT ORDER granting the Village of Lewiston's motion, Docket Item #56 , for an extension of time to respond to the complaint. The Village of Lewiston's answer or other response is due by 1/26/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/18/2023. (DJ) |
| Filing 57 NOTICE of Appearance by Andrew O. Miller on behalf of Village of Lewiston (Miller, Andrew) |
| Filing 56 MOTION for Extension of Time to File Answer Letter Motion to extend time for the Village of Lewiston to respond to Plaintiff's Complaint to January 26, 2024 by Village of Lewiston.(Vandermeer, Shannon) |
| Filing 55 TEXT ORDER granting the plaintiff's request, Docket Item #54 , for a modified briefing schedule. Responses to all pending motions due by 1/12/2024. Replies due by 2/9/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/11/2023. (DJ) |
| Filing 54 Letter filed by Brandon G. Baumeister as to Lewiston Police Department, Joshua Belin, City of Niagara Falls, Marylynn Stephenson, John C. Garcia, Kuhn, Michael Salada, Ellis, Sean Furey, Justin Bauer, Robert Lazarcyzk, John Doe #1-20, Michael J. Filicetti, Adam Moen, Justin Schwarzmueller, Michael A. Kidder, Jr, City of Buffalo, Village of Lewiston, Nicholas Cervoni, Paul Kieffer, David Liskiewicz, Jonathan Emmons, Niagara Falls Police Department, Erie County, Buffalo Police Department, James Villani, Town of Lewiston, Christopher Soluri, Niagara County Briefing Schedule. (Corp, Robert) |
| Filing 53 TEXT ORDER granting the plaintiff's motion, Docket Item #52 , for an extension of time to respond to the motions for judgment on the pleadings and to dismiss. Responses to all pending motions due by 12/15/2023. Replies due by 1/12/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/15/2023. (DJ) |
| Filing 52 First MOTION for Extension of Time to File Response/Reply as to #13 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #6 First MOTION for Judgment on the Pleadings , #16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction by Brandon G. Baumeister. (Attachments: #1 Declaration Robert M. Corp, Esq. in Support of Motion, #2 Certificate of Service)(Corp, Robert) |
| Filing 51 AFFIDAVIT of Service for Summons & Complaint served on Police Officer Michael A. Kidder, Jr. on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 50 AFFIDAVIT of Service for Summons & Complaint Affidavit of Attempted Service for Summons & Complaint served on Police Officer Michael A. Kidder, Jr. on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 49 AFFIDAVIT of Service for Summons & Complaint Affidavit of Attempted Service for Summons & Complaint served on Police Officer Michael A. Kidder, Jr. on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 48 AFFIDAVIT of Service for Summons & Complaint served on Police Officer Adam Moen on 10/9/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 47 AFFIDAVIT of Service for Summons & Complaint Affidavit of Attempted Service for Summons & Complaint served on Police Officer Adam Moen on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 46 AFFIDAVIT of Service for Summons & Complaint served on Police Officer Adam Moen on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 45 AFFIDAVIT of Service for Summons & Complaint served on Deputy Marylynn Stephenson on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 44 AFFIDAVIT of Service for Summons & Complaint Affidavit of Attempted Service for Summons & Complaint served on Deputy Justin Schwarzmueller on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 43 AFFIDAVIT of Service for Summons & Complaint served on Deputy James Villani on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 42 AFFIDAVIT of Service for Summons & Complaint served on Lieutenant Sean Furey on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 41 AFFIDAVIT of Service for Summons & Complaint served on Captain Michael Salada on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 40 AFFIDAVIT of Service for Summons & Complaint served on Police Officer Joshua Belin, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 39 AFFIDAVIT of Service for Summons & Complaint served on Police Officer Jonathan Emmons on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 38 AFFIDAVIT of Service for Summons & Complaint served on Sergeant Christopher Soluri, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 37 AFFIDAVIT of Service for Summons & Complaint served on Deputy Ellis on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 36 AFFIDAVIT of Service for Summons & Complaint served on Deputy Kuhn on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 35 AFFIDAVIT of Service for Summons & Complaint served on Deputy Robert Lazarcyzk on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 34 NOTICE of Appearance by Denetra D. Roberts on behalf of Michael A. Kidder, Jr, Adam Moen (Roberts, Denetra) |
| Filing 33 AFFIDAVIT of Service for Summons & Complaint served on Deputy David Liskiewicz on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 32 AFFIDAVIT of Service for Summons & Complaint served on Deputy Paul Kieffer on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 31 AFFIDAVIT of Service for Summons & Complaint served on Deputy Justin Bauer on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 30 AFFIDAVIT of Service for Summons & Complaint served on Deputy Nicholas Cervoni on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 29 AFFIDAVIT of Service for Summons & Complaint served on Lewiston Police Department on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 28 AFFIDAVIT of Service for Summons & Complaint served on Town of Lewiston on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 27 AFFIDAVIT of Service for Summons & Complaint served on Village of Lewiston on 10/3/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 26 AFFIDAVIT of Service for Summons & Complaint served on Niagara Falls Police Department on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 25 AFFIDAVIT of Service for Summons & Complaint served on City of Niagara Falls on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 24 AFFIDAVIT of Service for Summons & Complaint served on Sheriff Michael J. Filicetti, In His Official and Individual Capacity as Sheriff of Niagara County, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 23 AFFIDAVIT of Service for Summons & Complaint served on Niagara County on 9/25/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 22 AFFIDAVIT of Service for Summons & Complaint served on Buffalo Police Department on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 21 AFFIDAVIT of Service for Summons & Complaint served on City of Buffalo on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 20 AFFIDAVIT of Service for Summons & Complaint served on Sheriff John C. Garcia, In His Official and Individual Capacity as Sheriff of Erie County on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 19 AFFIDAVIT of Service for Summons & Complaint served on Erie County on 9/26/2023, filed by Brandon G. Baumeister. (Corp, Robert) |
| Filing 18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Buffalo Police Department, City of Buffalo. (Attachments: #1 Memorandum in Support)(Quinn, Robert) |
| Filing 17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael J. Filicetti, Sean Furey, Niagara County, Justin Schwarzmueller, Marylynn Stephenson, James Villani. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Memorandum in Support, #5 Certificate of Service)(Crosby, Brian) |
| Filing 16 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Niagara Falls, Niagara Falls Police Department. (Attachments: #1 Declaration Declaration of Keith N. Bond, #2 Exhibit A - Summons & Complaint, #3 Memorandum in Support)(Bond, Keith) |
| Filing 15 NOTICE of Appearance by Joseph Herbert Emminger, Jr on behalf of City of Niagara Falls, Niagara Falls Police Department (Emminger, Joseph) |
| Filing 14 CERTIFICATE OF SERVICE by Michael A. Kidder, Jr, Adam Moen re #11 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction , #12 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Dismiss for Lack of Jurisdiction (Chang, Soo-young) |
| Filing 13 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joshua Belin, Jonathan Emmons, Lewiston Police Department, Michael Salada, Town of Lewiston. (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Ryan, Molly) |
| Filing 12 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , First MOTION to Dismiss for Lack of Jurisdiction by Michael A. Kidder, Jr, Adam Moen.(Chang, Soo-young) |
| Filing 11 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , First MOTION to Dismiss for Lack of Jurisdiction by Michael A. Kidder, Jr, Adam Moen.(Chang, Soo-young) |
| Filing 10 NOTICE of Appearance by Soo-young Chang on behalf of Michael A. Kidder, Jr, Adam Moen (Chang, Soo-young) |
| E-Filing Notification: #1 NOTICE OF REMOVAL, Modified filers and corrected attorneys on 11/8/2023 (SG). (SG) |
| Filing 9 NOTICE of Appearance by Keith N. Bond on behalf of City of Niagara Falls, Niagara Falls Police Department (Bond, Keith) |
| Filing 8 TEXT ORDER granting the Niagara County defendants' motion for leave to file excess pages, Docket Item #7 . The Niagara County defendants' memorandum in support of the joint motion to dismiss shall not exceed 50 pages, exclusive of cover page and table of contents. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/7/2023. (DJ) |
| Filing 7 MOTION for Leave to File Excess Pages by Michael J. Filicetti, Sean Furey, Niagara County, Justin Schwarzmueller, Marylynn Stephenson, James Villani. (Attachments: #1 Certificate of Service)(Morton, Melissa) |
| Filing 6 First MOTION for Judgment on the Pleadings by Justin Bauer, Nicholas Cervoni, Ellis, Erie County, John C. Garcia, Paul Kieffer, Kuhn, Robert Lazarcyzk, David Liskiewicz, Christopher Soluri. (Attachments: #1 Declaration in Support of Motion, #2 Memorandum in Support, #3 Certificate of Service)(Targia, Anthony) |
| Filing 5 NOTICE of Appearance by Elisha D. Teibel on behalf of Michael J. Filicetti, Sean Furey, Niagara County, Justin Schwarzmueller, Marylynn Stephenson, James Villani (Teibel, Elisha) |
| Filing 4 NOTICE of Appearance by Melissa M. Morton on behalf of Michael J. Filicetti, Sean Furey, Niagara County, Justin Schwarzmueller, Marylynn Stephenson, James Villani (Morton, Melissa) |
| Filing 3 NOTICE of Appearance by Brian P. Crosby on behalf of Michael J. Filicetti, Sean Furey, Niagara County, Justin Schwarzmueller, Marylynn Stephenson, James Villani (Crosby, Brian) |
| Filing 2 CERTIFICATE OF SERVICE by Joshua Belin, Jonathan Emmons, Lewiston Police Department, Michael Salada, Town of Lewiston re #1 Notice of Removal,,,, (Ryan, Molly) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(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) |
| Filing 1 NOTICE OF REMOVAL by Town of Lewiston Police Dept., Joshua Belin, Michael Salada, Jonathan Emmons, Town of Lewiston from State of New York Supreme Court County of Erie, case number 811713/2023. (Filing fee $ 402 receipt number ANYWDC-5016816), filed by Town of Lewiston Police Dept., Joshua Belin, Michael Salada, Village of Lewiston, Jonathan Emmons, Town of Lewiston. (Attachments: #1 Attachment to Civil Case Cover Sheet, #2 Notice of Removal, #3 Declaration Of Erie County Defendants, #4 Declaration Of City of Buffalo Defendants, #5 Declaration Of Niagara County Defandants, #6 Declaration Of Niagara Falls Defendants, #7 Declaration Of Village of Lewiston Defendant, #8 Declaration Of New York State Police Defendants, #9 Index for Removal Identifying State Court Documents, #10 Exhibit 1-Summons and Complaint, #11 Exhibit 2-Affidavit of Attempted Service of Summons and Complaint on NYSP Defendants, #12 Exhibit 3-Notice of Claim with Exhibit A)(Ryan, Molly) Modified filers on 11/8/2023 (SG). |
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