Conser v. Reidman-Wegman Canandaigua, LLC et al
Plaintiff: Cathy Conser and Cathey Conser
Defendant: Reidman-Wegman Canandaigua, LLC, BME Associates, UFP New York LLC, James Fahey Designs and Greater Living Architecture, P.C.
Case Number: 6:2021cv06065
Filed: January 22, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Referring Judge: Marian W Payson
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2022 Opinion or Order Filing 55 ANSWER to #51 Second Amended Complaint by Reidman-Wegman Canandaigua, LLC. (Nutter, John) Modified on 10/27/2022 (JHF).
October 27, 2022 Opinion or Order E-Filing Notification: Clerk revised docket text of #53 , #54 and #55 to "ANSWER to #51 Second Amended Complaint" to clarify the filing events. (JHF)
October 27, 2022 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)
October 20, 2022 Opinion or Order Filing 54 ANSWER to #51 Second Amended Complaint by BME Associates. (Damia, Michael) Modified on 10/27/2022 (JHF).
October 20, 2022 Opinion or Order Filing 53 ANSWER to #51 Second Amended Complaint by James Fahey Designs. (Sutter, Brian) Modified on 10/27/2022 (JHF).
October 20, 2022 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)
October 14, 2022 Opinion or Order Filing 52 Summons Issued as to Greater Living Architecture, P.C. (JHF)
October 14, 2022 Opinion or Order E-Filing Notification: Clerk revised docket text of #51 to "SECOND AMENDED COMPLAINT" to clarify the filing event. (JHF)
October 13, 2022 Opinion or Order Filing 51 SECOND AMENDED COMPLAINT against BME Associates, James Fahey Designs, Reidman-Wegman Canandaigua, LLC, Greater Living Architecture, P.C., filed by Cathey Conser. (Attachments: #1 Exhibit A to Second Amended Complaint, #2 Exhibit B to Second Amended Complaint, #3 Summons) (Bambury, Kevin) Modified on 10/14/2022 (JHF).
October 7, 2022 Opinion or Order Filing 50 AMENDED 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.) First Mediation Session due by 1/17/2023. End Mediation due by 3/17/2023. All other deadlines contained in this Court's 9/8/2022 Amended Scheduling Order #43 shall remain in full force and effect. Signed by Hon. Marian W. Payson on 10/7/2022. (KAH)
October 7, 2022 Opinion or Order Filing 49 ORDER declining to hold a show cause hearing or impose sanctions as to #40 Report of ADR Plan Violation, but expects the parties to confer regarding any disputes that relate to the scheduling or scope of the inspection. Signed by Hon. Marian W. Payson on 10/7/2022. (KAH)
October 7, 2022 Opinion or Order E-Filing Notification: #40 Report of ADR Plan Violation (Sealed Document). Title of document modified per chambers. (KAH)
October 4, 2022 Opinion or Order Filing 47 DECISION & ORDER Conser's motion to amend #42 is granted, and the oral argument scheduled for October 25, 2022, at 2:00 p.m., is canceled. Conser shall file and serve her proposed Second Amended Complaint (Docket # 42-2) on or before November 1, 2022. Defendants shall answer or otherwise respond to the Second Amended Complaint in accordance with the provisions of Rule 12 of the Federal Rules of Civil Procedure. Signed by Hon. Marian W. Payson on 10/4/2022. (KAH)
October 3, 2022 Opinion or Order Filing 46 RESPONSE to Motion re #42 MOTION for Joinder of Party/Defendant filed by James Fahey Designs. (Sutter, Brian)
September 30, 2022 Opinion or Order Filing 45 LETTER RESPONSE indicating that defendant BME Associates does not oppose plaintiff's #42 MOTION for Joinder of Party/Defendant. (KAH)
September 8, 2022 Opinion or Order Filing 44 ORDER re #42 MOTION for Joinder of Party/Defendant filed by Cathey Conser. Responses due by 9/29/2022. Replies due by 10/13/2022. Telephonic Motion Hearing set for 10/25/2022 02:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 9/8/22. (CAM)
September 8, 2022 Opinion or Order Filing 43 AMENDED 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.) The Telephone Status Conference set for 12/14/2022 is adjourned until 2/14/2023 at 11:20 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. First Mediation Session due by 10/14/2022. Mediation to End by 12/16/2022. Motions to Join Parties/Amend Pleadings due by 11/7/2022. Fact Discovery to be completed by 3/20/2023. Plaintiff Expert Witness ID due by 4/3/2023. Defendant Expert Witness ID due by 5/5/2023. Expert Discovery to be completed by 6/16/2023. Dispositive Motions due by 8/4/2023. Signed by Hon. Marian W. Payson on 9/8/2022. (KAH)
September 6, 2022 Opinion or Order Filing 42 MOTION for Joinder of Party/Defendant by Cathey Conser. (Attachments: #1 Memorandum in Support Motion to Add Party/Defendant and File Second Amended Complaint, #2 Exhibit Proposed Second Amended Complaint, #3 Text of Proposed Order Proposed Order)(Bambury, Kevin)
September 6, 2022 Opinion or Order Filing 41 Letter filed by Reidman-Wegman Canandaigua, LLC as to BME Associates, James Fahey Designs, UFP New York LLC, Reidman-Wegman Canandaigua, LLC 60 day extension of scheduling order dates. (Nutter, John)
August 10, 2022 Opinion or Order Filing 40 Sealed Document. (KAH)
June 13, 2022 Opinion or Order Filing 39 AMENDED 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.) The Telephone Status Conference set for 10/25/2022 is ADJOURNED UNTIL 12/14/2022 at 10:20 AM before Hon. Marian W. Payson. First Mediation Session due by 8/15/2022. Mediation to End by 10/17/2022. Motions to Join Parties/Amend Pleadings due by 9/6/2022. Fact Discovery to be completed by 1/17/2023. Plaintiff Expert Witness ID due by 2/1/2023. Defendant Expert Witness ID due by 3/6/2023. Expert Discovery to be completed by 4/17/2023. Dispositive Motions due by 6/5/2023. Signed by Hon. Marian W. Payson on 6/13/2022. (KAH)
June 8, 2022 Opinion or Order Filing 38 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 6/8/2022. Appearances: Kevin Bambury, Esq. and Kari A. Talbott, Esq., John c. Nutter, Esq., Michael Damia, Esq., Brian F. Sutter, Esq. (CAM)
June 1, 2022 Opinion or Order Filing 37 NOTICE of Appearance by Kari A. Talbott on behalf of Cathey Conser (Talbott, Kari)
May 25, 2022 Opinion or Order NOTICE: Telephone Conference set for 6/8/2022 at 12:00 PM (Noon) before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel. (KAH)
March 14, 2022 Opinion or Order Filing 36 AMENDED 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.) The Telephone Status Conference set for 7/19/2022 is adjourned until 10/25/2022 at 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. First Mediation Session due by 6/14/2022. Mediation To End by 8/16/2022. Motions to Join Parties/Amend Pleadings due by 7/5/2022. Fact Discovery to be completed by 11/15/2022. Plaintiff Expert Witness ID due by 12/1/2022. Defendant Expert Witness ID due by 1/3/2023. Expert Discovery to be completed by 2/15/2023. Dispositive Motions due by 4/3/2023. Signed by Hon. Marian W. Payson on 3/14/2022. (KAH)
January 12, 2022 Opinion or Order Filing 35 AMENDED 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.) The Telephone Status Conference set for 5/24/2022 is adjourned until 7/19/2022 at 11:20 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. First Mediation Session due by 3/14/2022. Mediation To End by 5/16/2022. Motions to Join Parties/Amend Pleadings due by 4/4/2022. Fact Discovery to be completed by 8/15/2022. Plaintiff Expert Witness ID due by 8/31/2022. Defendant Expert Witness ID due by 10/3/2022. Expert Discovery to be completed by 11/15/2022. Dispositive Motions due by 1/3/2023. Signed by Hon. Marian W. Payson on 1/12/2022. (KAH)
December 1, 2021 Opinion or Order Filing 34 Stipulation-Selection of Mediator by Cathey Conser(Lambrix, Laurie)
November 15, 2021 Opinion or Order Filing 33 NOTICE of Appearance by Kevin Bambury on behalf of Cathey Conser (Bambury, Kevin)
October 20, 2021 Opinion or Order Filing 32 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 10/20/2021. Appearances: Laurie M. Lambrix, Esq., John C. Nutter, Esq., Michael Damia, Esq., Brian F. Sutter, Esq. (CAM)
October 20, 2021 Opinion or Order Filing 31 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.) Telephone Status Conference set for 5/24/2022 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. Stipulation of Selection of Mediator due by 12/1/2021. First Mediation Session due by 1/12/2022. Mediation To End by 3/14/2022. Mandatory Disclosures due by 12/15/2021. Motions to Join Parties/Amend Pleadings due by 2/1/2022. Fact Discovery to be completed by 6/15/2022. Plaintiff Expert Witness ID due by 7/1/2022. Defendant Expert Witness ID due by 8/1/2022. Expert Discovery to be completed by 9/15/2022. Dispositive Motions due by 11/1/2022. Signed by Hon. Marian W. Payson on 10/20/2021. (KAH)
October 18, 2021 Opinion or Order Filing 30 DISCOVERY PLAN by Cathey Conser.(Lambrix, Laurie)
September 9, 2021 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)
September 8, 2021 Opinion or Order Filing 29 ANSWER to #20 Amended Complaint by James Fahey Designs.(Sutter, Brian)
August 26, 2021 Opinion or Order Filing 28 STIPULATION AND ORDER extending time to respond to plaintiff's Amended Complaint as to defendant James Fahey Designs (Answer due date updated as to James Fahey Designs answer due 9/7/2021.) Signed by Hon. Marian W. Payson on 8/26/2021. (KAH)
August 25, 2021 Opinion or Order Filing 27 STIPULATION re #20 Amended Complaint Extending Time To Answer by James Fahey Designs. (Sutter, Brian)
August 25, 2021 Opinion or Order Filing 26 NOTICE of Appearance by Brian F. Sutter on behalf of James Fahey Designs (Sutter, Brian)
August 25, 2021 Opinion or Order Filing 25 ORDER (Telephone Scheduling Conference set for 10/20/2021 at 10:20 AM before Hon. Marian W. Payson. Counsel will be provide dial-in instructions by email prior to the conference.) Signed by Hon. Marian W. Payson on 8/24/2021. (KAH)
June 23, 2021 Opinion or Order Filing 24 Summons Issued as to James Fahey Designs. (JHF)
June 22, 2021 Opinion or Order Filing 23 Original Summons Filed. (Lambrix, Laurie)
June 2, 2021 Opinion or Order Filing 22 ANSWER to #20 Amended Complaint by Reidman-Wegman Canandaigua, LLC.(Nutter, John)
June 2, 2021 Opinion or Order Filing 21 ANSWER to #20 Amended Complaint by BME Associates.(Damia, Michael)
May 19, 2021 Opinion or Order Filing 20 FIRST AMENDED COMPLAINT against BME Associates, Reidman-Wegman Canandaigua, LLC, James Fahey Designs, filed by Cathey Conser. (JHF)
May 19, 2021 Opinion or Order Filing 19 STIPULATED ORDER granting #18 Motion to File an Amended Complaint. Signed by Hon. Marian W. Payson on 5/19/2021. (KAH)
May 18, 2021 Opinion or Order Filing 18 MOTION to Substitute Party stipulated order by Cathey Conser. (Attachments: #1 first amended complaint)(Lambrix, Laurie)
May 5, 2021 Opinion or Order Filing 17 TEXT ORDER REFERRING CASE to Hon. Marian W. Payson, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the chambers of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/5/21. (ALJ)
May 4, 2021 Opinion or Order Filing 16 STIPULATION AND ORDER of Discontinuance as to UFP New York LLC. Signed by Hon. Frank P. Geraci, Jr. on 5/3/21. (JHF)
April 30, 2021 Opinion or Order Filing 15 ANSWER to #1 Complaint by Reidman-Wegman Canandaigua, LLC.(Nutter, John)
April 29, 2021 Opinion or Order Filing 14 STIPULATION of Discontinuance by UFP New York LLC. (Pete, Brian)
April 22, 2021 Opinion or Order Filing 13 Summons Returned Unexecuted by Cathey Conser as to Reidman-Wegman Canandaigua, LLC, UFP New York LLC. (JHF)
April 19, 2021 Opinion or Order Filing 12 Corporate Disclosure Statement by Reidman-Wegman Canandaigua, LLC. (Nutter, John)
April 12, 2021 Opinion or Order ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
April 9, 2021 Opinion or Order Filing 11 STIPULATION AND ORDER, Answer due date updated as to Reidman-Wegman Canandaigua, LLC answer due 4/30/2021. Signed by Hon. Frank P. Geraci, Jr. on 4/8/21. (JHF)
April 8, 2021 Opinion or Order Filing 10 STIPULATION re #1 Complaint Extend Time to Answer to April 30, 2021 by Reidman-Wegman Canandaigua, LLC. (Nutter, John)
March 30, 2021 Opinion or Order Filing 9 TEXT ORDER: The parties #8 Stipulation to Extend Time to Answer is GRANTED. Defendant's response to Plaintiff's Summons and Complaint is due April 30, 2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/30/21. (ALJ)
March 30, 2021 Opinion or Order Answer due date updated as to UFP New York LLC answer due 4/30/2021 (ALJ)
March 29, 2021 Opinion or Order Filing 8 STIPULATION to Extend Time to Answer Complaint by UFP New York LLC. (Pete, Brian)
March 23, 2021 Opinion or Order Filing 7 Corporate Disclosure Statement by BME Associates. (Damia, Michael)
March 23, 2021 Opinion or Order Filing 6 ANSWER to #1 Complaint by BME Associates.(Damia, Michael)
March 12, 2021 Opinion or Order Filing 5 SUMMONS Returned Executed by Cathey Conser. BME Associates served on 3/8/2021, answer due 3/29/2021. (JHF)
March 4, 2021 Opinion or Order Filing 4 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to cause the U.S. Marshal to serve copies of the Summons, #1 Complaint and this Order upon the named Defendants. Signed by Hon. Frank P. Geraci, Jr. on 3/3/21. (JHF)
March 4, 2021 Opinion or Order Summons Reissued as to BME Associates, Reidman-Wegman Canandaigua, LLC, UFP New York LLC. Mailed to Buffalo USM for service. (JHF)
January 25, 2021 Opinion or Order Filing 3 Summons Issued as to BME Associates, Reidman-Wegman Canandaigua, LLC, UFP New York LLC. (JD)
January 25, 2021 Opinion or Order Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (JD)
January 25, 2021 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD)
January 25, 2021 Opinion or Order 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. (JD)
January 22, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Cathy Conser.(Lambrix, Laurie)
January 22, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by Cathy Conser. (Attachments: #1 summons, #2 summons, #3 summons, #4 Civil Cover Sheet)(Lambrix, Laurie)

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Search for this case: Conser v. Reidman-Wegman Canandaigua, LLC et al
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Plaintiff: Cathy Conser
Represented By: Laurie Marie Lambrix
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Plaintiff: Cathey Conser
Represented By: Laurie Marie Lambrix
Represented By: Kevin Bambury
Represented By: Kari A. Talbott
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Defendant: Reidman-Wegman Canandaigua, LLC
Represented By: John Cobb Nutter
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Defendant: BME Associates
Represented By: Michael Damia
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Defendant: UFP New York LLC
Represented By: Brian Pete
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Defendant: James Fahey Designs
Represented By: Brian F. Sutter
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Defendant: Greater Living Architecture, P.C.
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