Reyes v. State of New York, Division of State Police
| Kevin Reyes |
| State of New York, Division of State Police |
| 1:2023cv01208 |
| November 21, 2023 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Michael J Roemer |
| John L Sinatra |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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Filing 26
ANSWER to #1 Complaint, by State of New York, Division of State Police.(Barnett, Connor)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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Filing 25
TEXT ORDER granting #24 Motion for Extension of Time to Answer and Submit Proposed Case Management Order. State of New York, Division of State Police answer due 1/12/2024. Proposed Case Management Order due 1/29/2024. SO ORDERED. Issued by Hon. Michael J. Roemer on 1/2/2024. (RAZ)
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Filing 24
First MOTION for Extension of Time to File Answer and Submit Proposed CMO by State of New York, Division of State Police.(Chang, Soo-young)
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Filing 23
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 11/29/2023. (RAZ)This was mailed to: AAG Steven N. Schulman.
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Filing 22
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 11/22/2023. (KLH)This was mailed to: Steven Neil Schulman, Office of The Attorney General (NYS).
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Filing 21
Case transferred in from District of New York Southern; Case Number 7:23-cv-02284.
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Filing 20
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York.(ks) [Transferred from nysd on 11/21/2023.]
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Filing 19
OPINION & ORDER re: #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). filed by State of New York, Division of State Police. For the reasons stated above, the Court concludes that venue should be transferred to the Western District. In addition, because the Court grants the Motion, Defendant's request that the time to respond to the Complaint be stayed until the Motion is decided, (see Dkt. No. 9), is dismissed as moot. The Clerk of Court is respectfully requested to terminate the pending Motion, (Dkt. No. 11), and transfer the case to the Western District forthwith. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/21/2023) (ks) [Transferred from nysd on 11/21/2023.]
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AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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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. (CGJ)
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Filing 18
REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). (Defendant's Reply Memorandum of Law in Further Support of Motion to Transfer Venue). Document filed by State of New York, Division of State Police..(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 17
MEMORANDUM OF LAW in Opposition re: #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). . Document filed by Kevin Reyes..(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply re #15 LETTER MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). addressed to Judge Kenneth M. Karas from Michael Sussman dated 06/16/2023., #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). Granted. SO ORDERED. Responses due by 7/5/2023. (Signed by Judge Kenneth M. Karas on 6/16/2023) (tg) [Transferred from nysd on 11/21/2023.]
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Filing 15
LETTER MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). addressed to Judge Kenneth M. Karas from Michael Sussman dated 06/16/2023. Document filed by Kevin Reyes..(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (nb) [Transferred from nysd on 11/21/2023.]
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Filing 14
DECLARATION of Counsel's Declaration of Steven N. Schulman in Support re: #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue).. Document filed by State of New York, Division of State Police. (Attachments: #1 Exhibit A (Complaint)).(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 13
DECLARATION of Amanda W. Cox in Support re: #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue).. Document filed by State of New York, Division of State Police..(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 12
MEMORANDUM OF LAW in Support re: #11 MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). (Defendant's Memorandum of Law in Support of Motion to Transfer Venue). Document filed by State of New York, Division of State Police..(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 11
MOTION to Change Venue (Notice of Defendant's Motion to Transfer Venue). Document filed by State of New York, Division of State Police..(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 10
ORDER terminating #9 Letter Motion for Conference re: #9 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Kenneth M. Karas from Asst. Atty. Gen. Steven Schulman dated Apr. 12, 2023. LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Defendant respectfully requests a pre-motion conference in anticipation of a motion to transfer venue pursuant to 28 U.S.C. 1404(a). Defendant also requests that it ; terminating #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Kenneth M. Karas from Asst. Atty. Gen. Steven Schulman dated Apr. 12, 2023. LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Defendant respectfully requests a pre-motion conference in anticipation of a motion to transfer venue pursuant to 28 U.S.C. 1404(a). Defense's motion is due 5/19/23. Plaintiff's response is due 6/20/23. Defense reply is due 7/7/23. So Ordered. (Signed by Judge Kenneth M. Karas on 4/20/23) (yv) [Transferred from nysd on 11/21/2023.]
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Set/Reset Deadlines: Motions due by 5/19/2023. Responses due by 6/20/2023. Replies due by 7/7/2023. (yv) [Transferred from nysd on 11/21/2023.]
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Filing 9
LETTER MOTION for Conference re: #1 Complaint, addressed to Judge Kenneth M. Karas from Asst. Atty. Gen. Steven Schulman dated Apr. 12, 2023., LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, (Defendant respectfully requests a pre-motion conference in anticipation of a motion to transfer venue pursuant to 28 U.S.C. 1404(a). Defendant also requests that its time to respond to the Complaint be stayed until the motion to transfer venue is decided) addressed to Judge Kenneth M. Karas from Asst. Atty. Gen. Steven Schulman dated Apr. 12, 2023. Document filed by State of New York, Division of State Police..(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 8
NOTICE OF APPEARANCE by Steven Neil Schulman on behalf of State of New York, Division of State Police..(Schulman, Steven) [Transferred from nysd on 11/21/2023.]
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Filing 7
AFFIDAVIT OF SERVICE of Summons and complaint with exhibits served on NYS Division of State Police on 03/22/2023. Service was accepted by Lynn Rundle, Authorized Agent. Document filed by Kevin Reyes..(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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Filing 6
AFFIDAVIT OF SERVICE of Summons and Complaint served on NYS Attorney General on 03/23/2023. Service was accepted by Amber Schofield, Authorized Agent. Document filed by Kevin Reyes..(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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Filing 5
CIVIL COVER SHEET filed..(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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Filing 4
ELECTRONIC SUMMONS ISSUED as to State of New York, Division of State Police. (vf) [Transferred from nysd on 11/21/2023.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Howard Sussman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) [Transferred from nysd on 11/21/2023.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from nysd on 11/21/2023.]
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Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from nysd on 11/21/2023.]
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Case Designated ECF. (vf) [Transferred from nysd on 11/21/2023.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to State of New York, Division of State Police, re: #1 Complaint,. Document filed by Kevin Reyes..(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Sussman, Michael) Modified on 3/20/2023 (vf). [Transferred from nysd on 11/21/2023.]
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Filing 1
COMPLAINT against State of New York, Division of State Police. (Filing Fee $ 402.00, Receipt Number ANYSDC-27483646)Document filed by Kevin Reyes. (Attachments: #1 Exhibit 1. Charge of Discrimination, #2 Exhibit 2. Right to sue letter from the EEOC).(Sussman, Michael) [Transferred from nysd on 11/21/2023.]
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| Plaintiff: Kevin Reyes | |
| Represented By: | Michael H. Sussman |
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| Defendant: State of New York, Division of State Police | |
| Represented By: | Steven Neil Schulman |
| Represented By: | Connor Barnett |
| Represented By: | Soo-young Chang |
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