Nesterenko v. City of Buffalo et al
| Alla Nesterenko |
| Buffalo City Court, Robert Roman, City of Buffalo and Patrick Carney |
| 1:2024cv00659 |
| July 12, 2024 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| John L Sinatra |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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| Filing 26 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/22/2024. The parties appear by teleconference. The court denies plaintiff's motion for appointment of counsel for the reasons stated. Plaintiff's address and email address confirmed. Briefing schedule on defendants' motions to dismiss set. Refer to text order. APPEARANCES (by phone): Plaintiff Alla Nesterenko; Lisa Yaeger, Robert Quinn for city defendants; AAG Joel Terragnoli for the city court defendants (AT&T) (EG) Mailed and emailed to plaintiff. |
Filing 25
ORDER For the reasons stated on the record at today's telephonic proceeding, plaintiff's motion for appointment of counsel #21 is denied, without prejudice. It remains plaintiff's responsibility to retain an attorney or to prosecute this action on her own. Plaintiff's response to the pending motions to dismiss [7, 19] shall be filed and served by September 23, 2024; and defendants' replies, if any, shall be filed and served by October 4, 2024, after which time the motions [7,19] will be taken under advisement without oral argument unless deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/22/24. (MDY)This was mailed and e-mailed to plaintiff along with information concerning the Court's Pro Se Assistance Program.
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| Filing 24 RESPONSE in Opposition re #19 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alla Nesterenko. (JLV) |
| Filing 23 MEMORANDUM in Opposition re #21 MOTION to Appoint Counsel filed by Buffalo City Court, Patrick Carney. (Terragnoli, Joel) |
| Filing 22 TEXT ORDER: The current briefing deadlines [18, 20] are held in abeyance pending a telephonic conference scheduled for August 22, 2024 at 3:00 p.m. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/13/24. (MDY)This was mailed to: plaintiff. |
| Filing 20 TEXT ORDER: Plaintiff's response to the City defendants' motion to dismiss #19 shall be filed by August 16, 2024. Reply, if any, should be filed by August 28, 2024, at which time the motion will be taken under consideration. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/9/2024. (EG)Mailed to plaintiff. |
| Filing 21 MOTION to Appoint Counsel by Alla Nesterenko.(DDS) |
| Filing 19 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Buffalo, Robert Roman. (Attachments: #1 Memorandum in Support)(Yaeger, Lisa) |
| Filing 18 TEXT ORDER: Plaintiff's response to defendants' motion to dismiss #7 shall be filed by August 16, 2024. Reply, if any, should be filed by August 28, 2024, at which time the motion will be taken under consideration. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/8/2024. Mailed to plaintiff (EG) |
| Filing 17 TEXT REFERRAL ORDER (DISPOSITIVE) - 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) 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 8/8/2024. (KLH)This was mailed to: Plaintiff. |
| Filing 16 TEXT ORDER re Plaintiff's #12 Supplemental Motion for Leave to Proceed In Forma Pauperis. Because Plaintiff meets the requirements of 28 U.S.C. 1915(a), the Court grants her permission to proceed in forma pauperis. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/8/2024. (KEF)This was mailed to: Plaintiff. |
| Filing 15 TEXT ORDER re Plaintiff's #3 Motion for a Temporary Restraining Order. For the reasons stated on the record at the August 8, 2024 oral argument, the Court denies Plaintiff's motion for a temporary restraining order. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/8/2024. (KEF)This was mailed to: Plaintiff. |
| Filing 14 Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Oral Argument held on 8/8/2024 re Plaintiff's motion for temporary restraining order. Ms. Yaeger moves for pro hac vice admission of attorney Trek Fulater, appearing on behalf of Defendants City of Buffalo and Robert Roman, and advises the Court that the required documents will be filed as soon as they are complete. Court grants the motion, subject to counsel's compliance with the requirements set forth in Local Rule 83.1. After hearing argument, the Court denies Plaintiff's motion for temporary restraining order for reasons stated on the record. Court transcript will constitute the written decision of the Court. Text order to follow. Plaintiff's motion for leave to proceed in forma pauperis is granted. Court advises the parties that the case will be referred to a magistrate judge.Appearances. Pro se plaintiff Alla Nesterenko. For defendants City of Buffalo and Robert Roman: Lisa Yaeger and Trek Fulater. For defendants Buffalo City Court and Patrick Carney: Joel Terragnoli. (Court Reporter Bonnie Weber) (KLH) |
| Filing 13 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order filed by Alla Nesterenko. (Attachments: #1 photos)(DDS) |
| Filing 12 SUPPLEMENTAL MOTION for Leave to Proceed in forma pauperis by Alla Nesterenko.(DDS) |
| Filing 11 NOTICE of Appearance by Lisa Marie Yaeger on behalf of City of Buffalo, Robert Roman (Yaeger, Lisa) |
| Filing 10 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order filed by City of Buffalo, Robert Roman. (Attachments: #1 Declaration, #2 Affidavit, #3 Memorandum in Support)(Yaeger, Lisa) |
| E-Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1-3c). Action required: re-file document using same signature and password. #8 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order. (JLV) |
| Filing 9 NOTICE of Appearance by Robert Emmet Quinn on behalf of City of Buffalo, Robert Roman (Quinn, Robert) |
| Filing 8 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order filed by City of Buffalo, Robert Roman. (Attachments: #1 Declaration, #2 Affidavit, #3 Memorandum in Support)(Quinn, Robert) |
| Filing 7 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and in Opposition to Plaintiff's Request for a Temporary Restraining Order by Buffalo City Court, Patrick Carney. (Attachments: #1 Memorandum in Support of State Defendants' Cross Motion to Dismiss and in Opposition to Plaintiff's Motion for a TRO)(Terragnoli, Joel) |
| Filing 6 SUMMONS Returned Executed by Alla Nesterenko. Buffalo City Court served on 7/18/2024, answer due 8/8/2024; Patrick Carney served on 7/18/2024, answer due 8/8/2024; City of Buffalo served on 7/18/2024, answer due 8/8/2024; Robert Roman served on 7/18/2024, answer due 8/8/2024. (DDS) |
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Filing 5
ORDER provisionally granting #2 Motion for Leave to Proceed in forma pauperis; Plaintiff to file supplemental IFP motion by August 5, 2024; Clerk of the Court shall prepare a summons for each named Defendant and cause the United States Marshal to personally serve copies of the summonses, the complaint (Dkt. 1), the TRO motion (Dkt. 3), and this order upon each named Defendant by no later than July 19, 2024; Defendants to respond to TRO motion by July 30, 2024; Plaintiff's reply in further support due by August 5, 2024; Oral Argument scheduled for August 8, 2024 at 9:30 AM. Signed by Hon. John L. Sinatra, Jr. on 7/16/2024. (LB) Clerk mailed to the Plaintiff a copy of this order and a blank IFP form motion. Clerk mailed a copy of this order, the complaint, and the motion for TRO to Corporation Counsel for the City of Buffalo.
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| NOTICE OF HEARING: Oral argument on Plaintiff's motion for a temporary restraining order set for 8/8/2024, at 9:30 AM, in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Issued by Hon. John L. Sinatra, Jr. on 7/16/2024. (KEF)This was mailed to: Plaintiff. |
| Summons Issued as to Buffalo City Court, Patrick Carney, City of Buffalo, Robert Roman. The Clerk's Office has hand-delivered service packets to the US Marshal. (LB) |
| Filing 4 TEXT ORDER: Hon. Lawrence J. Vilardo no longer assigned to this case. The Clerk of the Court shall reassign this case to another District Judge. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/12/2024. (CRT)This was mailed to: the plaintiff.Clerk to Follow up |
| Filing 3 MOTION for Temporary Restraining Order by Alla Nesterenko.(LB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Alla Nesterenko.(LB) |
| Filing 1 COMPLAINT against Buffalo City Court, Patrick Carney, City of Buffalo, Robert Roman, filed by Alla Nesterenko. (Attachments: #1 Civil Cover Sheet)(LB) |
| 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.(LB) |
| 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. Clerk provide to plaintiff the Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, ADR Notice, and Civil Case Timeline. (LB) |
| Case reassigned to Hon. John L. Sinatra, Jr. Hon. Lawrence J. Vilardo no longer assigned to the case. (LB) |
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