Barnard et al v. County of Chautauqua
| Walter Barnard, Eric Banse Fay, Lori Ann Banse Fay, Barbeau Properties LLC, Christie Miga, WSEJ LLC and Benjamin Osman |
| County of Chautauqua |
| 1:2024cv00154 |
| February 20, 2024 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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| Filing 9 NOTICE of Appearance by H. Todd Bullard on behalf of County of Chautauqua (Bullard, H. Todd) |
| Filing 8 Letter filed by Eric Banse Fay, Lori Ann Banse Fay, Barbeau Properties LLC, Walter Barnard, Christie Miga, Benjamin Osman, WSEJ LLC Status letter re: Case management plan. (Giglio, David) |
Filing 7
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for 4/25/2024 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. It remains the parties' responsibility to read and comply with the attached Order. Signed by Hon. Jeremiah J. McCarthy on 3/28/2024. (EG)
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| Filing 6 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), 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 not 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), unless further ordered by this Court. 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. Lawrence J. Vilardo on 3/28/2024. (DJ) |
| Filing 5 ANSWER to #1 Complaint, by County of Chautauqua.(Thomas, Todd) |
| Filing 4 AFFIDAVIT of Service for Summons, Complaint, CivilCover Sheet served on Kristy Martin, Asst. County Attorney for County of Chautauqua on 3/4/24, filed by Eric Banse Fay, Lori Ann Banse Fay, Barbeau Properties LLC, Walter Barnard, Christie Miga, Benjamin Osman, WSEJ LLC. (Giglio, David) |
| Filing 3 Corporate Disclosure Statement by Eric Banse Fay, Lori Ann Banse Fay, Barbeau Properties LLC, Walter Barnard, Christie Miga, Benjamin Osman, WSEJ LLC. (Giglio, David) |
| ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| Filing 2 Summons Issued as to County of Chautauqua. (TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov.' Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (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 COMPLAINT Barnard et al against County of Chautauqua $ 405 receipt number ANYWDC-5111352, filed by WSEJ LLC, Lori Ann Banse Fay, Benjamin Osman, Eric Banse Fay, Barbeau Properties LLC, Walter Barnard, Christie Miga. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Giglio, David) |
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