Crandell v. Ross et al
Chiwana Crandell |
Kevin Ross, Leigh Collins, Anthony J. Annucci, Gary Cooper, John Does 1-10, Duane Artus and Sheryl Zen Zen |
6:2019cv06552 |
July 24, 2019 |
US District Court for the Western District of New York |
Rochester Office |
Frank P Geraci |
Prisoner: Civil Rights |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on January 13, 2020. A more recent docket listing may be available from PACER.
Document Text |
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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. (TF) |
E-Filing Notification: #61 Case transferred in from District of New York Northern, Case Number 9:17-cv-00755. If you are not admitted in the WDNY you must either file a motion to appear Pro hac vice or seek admission in this District and register to file and receive service of documents electronically through the district's Case Management/Electronic Case Filing system (CM/ECF). The registration form and attorney admission instructions and forms can be located on the Court's Public Web site at www.nywd.uscourts.gov. ECF notifications mailed to attorneys. (TF) |
MOTION: #47 referred to Judge Geraci. (TF) |
Filing 61 Case transferred in from District of New York Northern; Case Number 9:17-cv-00755. |
Filing 60 ORDER granting #47 motion to transfer and that a determination regarding the Defendants' motion to dismiss (Dkt. No. #47 ) is left to the transferee court in the Western District of New York. Signed by Judge Brenda K. Sannes on 7/23/2019. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 59 REPLY to Response to Motion re #47 MOTION to Dismiss for Failure to State a Claim and to Change Venue filed by Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen. (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 58 RESPONSE in Opposition re #47 MOTION to Dismiss for Failure to State a Claim and to Change Venue filed by Chiwana Crandell. (Warshaw, Laurence) [Transferred from nynd on 7/24/2019.] |
Filing 57 ANSWER to Second Amended Complaint by Gary Cooper.(Pajak, David) Modified on 12/17/2018 (nas, ). [Transferred from nynd on 7/24/2019.] |
Filing 56 TEXT ORDER: The Court has reviewed Plaintiff's #55 Letter Request for an extension of the deadlines related to the #47 MOTION to Dismiss for Failure to State a Claim and to Change Venue. The deadlines are reset as follows: Response to Motion due by 1/22/2019; Reply to Response to Motion due by 2/5/2019. The Court notes that Plaintiff's response to the motion was due by 12/3/2018. Counsel is advised that in the future, any extension requests need to be filed before the current deadline has expired. SO ORDERED by Judge Brenda K. Sannes on 12/12/2018. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 55 Letter Motion from Attorney Jay Tanenbaum for Chiwana Crandell requesting Extension of time submitted to Judge Hon. Christian F. Hummel . (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 54 TEXT ORDER granting #53 Letter Request, Gary Cooper answer due 12/21/2018. SO ORDERED by Judge Brenda K. Sannes on 12/6/2018. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 53 Letter Motion from David Pajak, Esq. for Gary Cooper requesting an extension of time to file an answer submitted to Judge Sannes. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 52 NOTICE of Appearance by Laurence Warshaw on behalf of All Plaintiffs (Warshaw, Laurence) [Transferred from nynd on 7/24/2019.] |
Filing 51 NOTICE of Appearance by Richard Alan Sulzman on behalf of All Plaintiffs (Sulzman, Richard) [Transferred from nynd on 7/24/2019.] |
Filing 50 STATUS REPORT Regarding Utility of a Settlement Conference or Mediation by Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen. (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 49 TEXT ORDER granting #48 Letter Request - Gary Cooper answer due 12/6/2018. SO ORDERED by Judge Brenda K. Sannes on 11/15/2018 (text order emailed to Attorney Pajak). (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 48 Letter Motion from Attorney David Pajak for Gary Cooper requesting extension of time to answer. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 47 MOTION to Dismiss for Failure to State a Claim and to Change Venue Motion Hearing set for 12/20/2018 09:30 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 12/3/2018 Reply to Response to Motion due by 12/10/2018. filed by Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen. (Attachments: #1 Memorandum of Law) (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
TEXT NOTICE TO COUNSEL: The #47 Motion to Dismiss will be heard on submission of the papers. Once the motion has been fully briefed, and reviewed, counsel will be notified if oral argument is deemed necessary. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 46 TEXT ORDER granting #42 Motion for Limited Admission Pro Hac Vice of Laurence S. Warshaw, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/13/2018. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 45 TEXT ORDER granting #41 Motion for Limited Admission Pro Hac Vice of Richard A. Sulzman, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 11/13/2018. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 44 Supplemental Admission documents re: #42 Motion for Limited Admission Pro Hac Vice. (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 43 Supplemental Admission documents re: #41 Motion for Limited Admission Pro Hac Vice. (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 42 MOTION for Limited Admission Pro Hac Vice of Laurence S. Warshaw Attorney (Fee is waived) filed by Chiwana Crandell. (Attachments: #1 Proposed Order/Judgment, #2 Declaration) Motions referred to Christian F. Hummel. (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 41 MOTION for Limited Admission Pro Hac Vice of Richard A. Sulzman Attorney (Fee is waived) filed by Chiwana Crandell. (Attachments: #1 Proposed Order/Judgment, #2 Declaration) Motions referred to Christian F. Hummel. (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Notice of Filing Deficiency re: #42 Motion for Limited Admission Pro Hac Vice of Richard A. Sulzman and #41 Motion for Limited Admission Pro Hac Vice Laurence S. Warshaw. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Petition for Admission to Practice, New Attorney E-Filing Registration Form; Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) [Transferred from nynd on 7/24/2019.] |
Filing 40 TEXT ORDER granting #39 Letter Request to withdraw the #24 Motion to Dismiss for Failure to State a Claim. SO ORDERED by Judge Brenda K. Sannes on 11/8/2018. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 39 Letter Motion from David A. Rosenberg for Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen requesting To Withdraw Defendants' Pending Motion to Dismiss (Dkt. No. 24) submitted to Judge Hon. Brenda K. Sannes . (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
***Answer due date updated for Anthony J. Annucci answer due 11/15/2018; Duane Artus answer due 11/15/2018; Leigh Collins answer due 11/15/2018; Gary Cooper answer due 11/15/2018; Kevin Ross answer due 11/15/2018; Sheryl Zen Zen answer due 11/15/2018. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 38 AMENDED COMPLAINT SECOND against All Defendants filed by Chiwana Crandell.(Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 37 TEXT ORDER granting #36 Letter Request for an extension of time for defendant Gary Cooper to respond to plaintiff's amended complaint on or before 11/15/2018. Authorized by Judge Brenda K. Sannes on 10/3/2018. (sal ) [Transferred from nynd on 7/24/2019.] |
Filing 36 First Letter Motion from David A. Rosenberg for Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen requesting Extension of Defendant Cooper's Time to Appear (Limited Request) submitted to Judge Hon. Brenda K. Sannes . (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 35 AFFIDAVIT OF SERVICE on GARY COOPER by Chiwana Crandell. (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 34 NOTICE of Appearance by Jay H. Tanenbaum on behalf of Chiwana Crandell (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 33 NOTICE of Appearance by Jay H. Tanenbaum on behalf of Chiwana Crandell (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 9/21/2018. Appearances: Richard Sulzman, Esq. and Laurence Warshaw, Esq. for Plaintiff; David Rosenberg, AAG and Frank LoTempio, Esq. for Defendants. Judge Sannes hears from Plaintiff's counsel on their #30 letter. Judge Sannes construes the letter as a motion to amend which is granted. Second Amended Complaint is due by 10/22/2018. Proof of service as to Defendant Cooper needs to be filed before a request for default can be entertained. Plaintiff's counsel will provide Defendants' counsel with the FOIL material today and will talk to their client about making a settlement demand. AAG Rosenberg will file a joint status report by 11/23/2018 regarding whether counsel think a settlement conference or mediation would be helpful. Attorneys Sulzman and Warshaw will file notices of appearance in the case. (Court Reporter Eileen McDonough; 11:30AM-12:00PM) (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 32 TEXT ORDER granting #31 Letter Request. Telephone Conference set for 9/11/2018 is hereby rescheduled for 9/21/2018 at 11:30 AM before Judge Brenda K. Sannes. Plaintiff's counsel is reminded to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. SO ORDERED by Judge Brenda K. Sannes on 9/6/18. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 31 Letter Motion from David A. Rosenberg for Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen requesting Adjournment of 9/11/2018 Telephone Conference submitted to Judge Hon. Brenda K. Sannes . (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
TEXT NOTICE OF HEARING: Telephone Conference set for 9/11/2018 at 10:00 AM before Judge Brenda K. Sannes. Plaintiff's counsel is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 30 Letter to the Court re: FOIL Request by Plaintiff's attorney. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 29 ANSWER to #23 Amended Complaint by Kevin Ross.(LoTempio, Frank) [Transferred from nynd on 7/24/2019.] |
Filing 28 REPLY to Response to Motion re #24 MOTION to Dismiss for Failure to State a Claim and to Change Venue filed by Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen. (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 27 RESPONSE to #24 Motion to Dismiss filed by Chiwana Crandell. (Tanenbaum, Jay) Modified on 6/21/2018 (nas, ). [Transferred from nynd on 7/24/2019.] |
CLERK'S CORRECTION OF DOCKET ENTRY re #27 Response to Motion - docket text modified to reflect document is a response to Dkt. No. 24 rather than Dkt. No. 25. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 26 TEXT ORDER granting #25 Letter Request for an extension of time to respond to the #24 MOTION to Dismiss for Failure to State a Claim and to Change Venue : Response to Motion due by 6/25/2018; Reply to Response to Motion due by 7/2/2018.SO ORDERED by Judge Brenda K. Sannes on 6/12/18. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 25 Letter Motion from Jay H. Tanenbaum requesting adjournment to submit opposition papers in by June 25, 2018 for Chiwana Crandell requesting adjournment submitted to Judge Brenda K. Sannes . (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 24 MOTION to Dismiss for Failure to State a Claim and to Change Venue Motion Hearing set for 6/21/2018 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/4/2018 Reply to Response to Motion due by 6/11/2018. filed by Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen. (Attachments: #1 Memorandum of Law) (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
TEXT RE-NOTICE RE: #24 MOTION to Dismiss for Failure to State a Claim and to Change Venue : ON SUBMISSION ONLY, before Judge Brenda K. Sannes on 6/21/18. Response to Motion due by 6/4/2018 Reply to Response to Motion due by 6/11/2018. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 23 AMENDED COMPLAINT against All Defendants filed by Chiwana Crandell.(Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 22 TEXT ORDER re #21 Order on Letter Request, allowing the filing of the Amended Complaint and Withdrawal of the Motion to Dismiss. Plaintiff is directed to file the Amended Complaint on or before 3/9/2018, upon which, the Court will then withdraw Defendant's Motion to Dismiss and remove it from the docket as pending. Authorized by Magistrate Judge Christian F. Hummel on 3/5/2018. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 21 ORDER granting #19 Stipulation/Letter Request to file stipulation withdrawing Motion for Chiwana Crandell and requesting to file an Amended Complaint. Answer deadlines reset: Anthony J. Annucci answer due 4/30/2018; Duane Artus answer due 4/30/2018; Leigh Collins answer due 4/30/2018; Gary Cooper answer due 4/30/2018; Kevin Ross answer due 4/30/2018; Sheryl Zen Zen answer due 4/30/2018. Signed by Magistrate Judge Christian F. Hummel on 3/5/2018. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 20 STIPULATION Withdrawal pending motion by Chiwana Crandell submitted to Judge Hon. Christian F. Hummel. (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 19 Third Letter Motion from Jay H. Tanenbaum for Chiwana Crandell requesting to file stipulation withdrawing Motion for Chiwana Crandell requesting to file an Amended Complaint and file stipulation withdrawing pending motion to dismiss initial complaint pursuant to FRCP 12(b)(6) submitted to Judge Hon. Christian F. Hummel . (Attachments: #1 Exhibit(s))(Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 18 TEXT ORDER granting #17 Letter Request for an extension of time to respond to the #8 First MOTION to Dismiss for Failure to State a Claim /and to Change Venue : Response to Motion due by 3/2/2018; Reply to Response to Motion due by 3/9/2018. SO ORDERED by Judge Brenda K. Sannes on 1/30/18. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 17 Letter Motion from Plaintiff for Chiwana Crandell requesting extension of time to respond to Motion to Dismiss on consent of the Plaintiff submitted to Magistrate Judge Christian F. Hummel. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 16 TEXT ORDER granting #15 Letter Request for an extension of time to respond to the #8 First MOTION to Dismiss for Failure to State a Claim and to Change Venue : Response to Motion due by 2/2/2018; Reply to Response to Motion due by 2/9/2018. SO ORDERED by Judge Brenda K. Sannes on 12/20/17. (rjb, ) [Transferred from nynd on 7/24/2019.] |
Filing 15 Second Letter Motion from Jay H. Tanenbaum requesting adjournment of recent motion for Chiwana Crandell requesting adjournment to submit opposition papers submitted to Judge Hon. Christian F. Hummel . (Tanenbaum, Jay) [Transferred from nynd on 7/24/2019.] |
Filing 14 TEXT ORDER RE: #13 Letter Request. Kevin Ross is granted a final extension of time to respond to the complaint until 1/13/2018. Authorized by Magistrate Judge Christian F. Hummel on 11/14/17. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 13 Second Letter Motion from David A. Rosenberg for Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen requesting Extension of time for defendant Kevin Ross to respond to the Complaint (On Consent) submitted to Judge Hon. Christian F. Hummel . (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 12 TEXT ORDER granting #11 Letter Request. The #8 First MOTION to Dismiss for Failure to State a Claim and to Change Venue : is now returnable on 1/18/18. Response to Motion is due by 1/2/2018 and Reply papers, if any, are due by 1/8/2018. Authorized by Judge Brenda K. Sannes on 11/9/17. (nas) [Transferred from nynd on 7/24/2019.] |
Filing 11 Letter Motion from Chiwana Crandell requesting adjournment of recent motion. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 10 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 11/29/2017 at 9:30 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 9 TEXT ORDER terminating #7 Letter Request for an extension of time to file a response to the Complaint, as moot. No response to Defendant's request/motion [Dkt. No. 7] was filed by Plaintiff and Defendant's response (Motion to Dismiss) has been filed. Authorized by Magistrate Judge Christian F. Hummel on 11/6/2017. (tab) [Transferred from nynd on 7/24/2019.] |
TEXT NOTICE RE: #8 First MOTION to Dismiss for Failure to State a Claim and to Change Venue : ON SUBMISSION OF THE PAPERS ONLY, returnable on 12/21/17 before Judge Brenda K. Sannes. Response to Motion due by 12/4/2017 Reply to Response to Motion due by 12/11/2017. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 8 First MOTION to Dismiss for Failure to State a Claim and to Change Venue filed by Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Defendants' Motion) (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 7 First Letter Motion from David A. Rosenberg for Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen requesting Extension of time for defendant Kevin Ross to respond to the Complaint (limited request) submitted to Judge Hon. Christian F. Hummel . (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
TEXT NOTICE RE: #7 First Letter Motion from David A. Rosenberg for Anthony J. Annucci, Duane Artus, Leigh Collins, Sheryl Zen Zen requesting Extension of time for defendant Kevin Ross to respond to the Complaint (limited request): Response to Motion due by 10/20/2017 (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 6 COURT NOTICE of Change in Conference: The Initial Conference has been reset for Wednesday, 11/29/2017 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/22/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab) [Transferred from nynd on 7/24/2019.] |
Filing 5 TEXT ORDER granting #4 Letter Request to extend answer deadline: Duane Artus answer due 11/2/2017; Leigh Collins answer due 11/2/2017; Sheryl Zen Zen answer due 11/2/2017. Authorized by Magistrate Judge Christian F. Hummel on 9/7/2017. (tab) [Transferred from nynd on 7/24/2019.] |
Filing 4 First Letter Motion from David A. Rosenberg for Duane Artus, Leigh Collins, Sheryl Zen Zen requesting Enlargement of time to respond to Complaint submitted to Judge Hon. Christian F. Hummel . (Rosenberg, David) [Transferred from nynd on 7/24/2019.] |
Filing 3 Summons Issued as to Anthony J. Annucci, Duane Artus, Leigh Collins, Gary Cooper, Kevin Ross, Sheryl Zen Zen. (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/12/2017 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/5/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas, ) [Transferred from nynd on 7/24/2019.] |
Filing 1 COMPLAINT against Anthony J. Annucci, Duane Artus, Leigh Collins, Gary Cooper, Kevin Ross, Sheryl Zen Zen (Filing fee $400 receipt number 0206-4065392) filed by Chiwana Crandell. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(nas, ) [Transferred from nynd on 7/24/2019.] |
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