Bentley v. JDM Enterprises
| Willie Bentley |
| Justin McCarthy and JDM Enterprises |
| 6:2018cv06477 |
| June 27, 2018 |
| US District Court for the Western District of New York |
| Rochester Office |
| Livingston |
| Michael A. Telesca |
| Marian W Payson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 22 RESPONSE in Opposition re #21 MOTION for Summary Judgment filed by Willie Bentley. (BK) |
| A copy of the notice was mailed to Plaintiff at: 3518 W. Lake Road, Geneseo, NY 14454. (BK) |
| NOTICE: Set/Reset Deadlines as to #21 MOTION for Summary Judgment . Responses due by 10/30/2019. Replies due by 11/13/2019. Motion will be submitted without oral argument on 11/20/2019 before Hon. Michael A. Telesca. No court appearances are required. (Clerk to send copy of this Notice to Plaintiff by first class mail.) (JMC) |
| Filing 21 MOTION for Summary Judgment by JDM Enterprises. (Attachments: #1 Affidavit, #2 Statement of Undisputed Facts, #3 Appendix, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Memorandum in Support, #14 Affidavit, #15 Certificate of Service)(Apter, Julie) |
| Filing 20 DECLARATION filed by Willie Bentley. (Attachments: #1 Exhibits) (BK) |
| Remark: Clerk amended the defendant name in the case caption from "Justin McCarthy" to "JDM Enterprises d/b/a McDonalds" pursuant to #18 order. (JHF) |
| Filing 19 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 4/30/2019. Appearances: Willie Bentley, pro se, with Krystel Greenwood, Julie P. Apter, Esq. (CAM) |
Filing 18
ORDER directing the Clerk of the Court to amend the caption of the case to name the correct party defendant. Signed by Hon. Marian W. Payson on 4/30/2019. Copy of this Order sent by First Class Mail to Willie Bentley on 5/1/2019 to his address of record. (KAH)-CLERK TO FOLLOW UP-
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| Filing 17 STIPULATION to amend the caption to name the correct party defendant. Copy of this Stipulation sent by First Class Mail to plaintiff Willie Bentley on 5/1/2019 to his address of record. (KAH) |
| Filing 16 REPLY to #15 Mediation Certification filed by Willie Bentley. (Attachments: #1 Exhibit, #2 Affirmation of Service) (BK) |
| Filing 15 Mediation Certification by William G. Bauer(AGW) |
| Filing 14 Stipulation-Selection of Mediator by Justin McCathry. (Apter, Julie) |
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Filing 13
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference set for 4/30/2019 10:40 AM before Hon. Marian W. Payson. Stipulation of Selection of Mediator due by 1/3/2019. First Mediation Session due by 2/28/2019. Mediation To End by 4/29/2019. Mandatory Disclosures due by 1/3/2019. Motions to Join Parties/Amend Pleadings due by 2/1/2019. Fact Discovery to be completed by 5/28/2019. Plaintiff Expert Witness ID due by 6/28/2019. Defendant Expert Witness ID due by 7/26/2019. Expert Discovery to be completed by 8/30/2019. Dispositive Motions due by 9/30/2019. Responses due by 10/30/2019. Replies due by 11/15/2019. Signed by Hon. Marian W. Payson on 12/6/2018. Copy of this Scheduling Order sent by First Class Mail to plaintiff Willie Bentley on 12/6/2018 to his address of record. (KAH)
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| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #12 DISCOVERY PLAN by Justin McCathry.(Apter, Julie) (BK) |
| Filing 12 DISCOVERY PLAN by Justin McCathry.(Apter, Julie) |
| NOTICE OF RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for 12/6/2018 10:00 AM before Hon. Marian W. Payson. Letter, Notice of Rule 16 Scheduling Conference, Consent Form, Privacy Notice, and Draft Scheduling Order sent by First Class Mail to the parties on 11/19/2018. (KAH) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. Forms have been mailed to the Plaintiff. (BK) |
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on 11/9/18. (JMC)
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| Filing 10 ANSWER to #5 Amended Complaint by Justin McCathry.(Apter, Julie) |
| Filing 9 SUMMONS Returned Executed by Willie Bentley. Justin McCathry served on 9/26/2018, answer due 10/17/2018. (BK) |
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Filing 8
ORDER granting defendants' request for an extension of time until November 12, 2018 to answer, move, or otherwise respond to the Complaint. (Copy of this Order sent by first class mail to Plaintiff.) Signed by Hon. Michael A. Telesca on 10/9/18. (JMC)
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| Filing 7 Exhibits by Willie Bentley, Jr. (Attachments: #1 Exhibits, #2 Exhibits, #3 Exhibits, #4 Exhibits) (BK) |
| Summons Issued as to Justin McCathry. A copy of #5 Amended Complaint and #6 Decision and Order mailed to the U.S. Marshal for service. (BK) |
| Filing 6 DECISION AND ORDER that the Clerk of the Court is directed to cause the United States Marshal Service to serve copies of the Summons, Amended Complaint, and this Order upon Defendant Justin McCathry, without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor; and further that, pursuant to 42 U.S.C. 1997e(g), Defendant is directed to respond to the amended complaint upon service. (Clerk to mail copy of this Decision and Order to Plaintiff.) Signed by Hon. Michael A. Telesca on 8/17/18. (JMC)-CLERK TO FOLLOW UP- |
| Filing 5 AMENDED COMPLAINT against Justin McCathry, filed by Willie Bentley. (BK) |
| A copy of the original complaint along with the instructions on filing an amended complaint and a blank complaint form have been mailed to the Plaintiff. (BK) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and dismissing the complaint sua sponte consistent with this Order. Signed by Hon. Michael A. Telesca on 7/5/18. (Copy of Order sent by first class mail to Plaintiff.) (JMC)-CLERK TO FOLLOW UP-
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| Filing 3 Letter from Willie Bentley. (BK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Willie Bentley. (BK) |
| Filing 1 COMPLAINT against All Defendants, filed by Willie Bentley. (BK) |
| 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. The Privacy notice, Consent to Proceed before a Magistrate Judge, Pro Se Assistance Program Information, Civil Case Timeline and ADR Notification have been given to the Plaintiff at case opening. (BK) |
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