Wynn v. Larimer et al
| James I. Wynn, Sr. |
| Mark Updegraff, Judge David G. Larimer, Judge Paul R. Warren, Phillips Lytle LLP, Kevin Hogan, Esq. John F. Speranza, Ward Redux LLC, Adam J. Bello, Malek Evans, Shawn Burr, Geuda Cassava, John F. Speranza and Gerda B. Cassara |
| 6:2022cv06352 |
| August 22, 2022 |
| US District Court for the Western District of New York |
| David G Larimer |
| Charles J Siragusa |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 15
CERTIFICATE OF SERVICE by John F. Speranza re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Sciortino, Tara)
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Filing 14
NOTICE of Appearance by Tara J. Sciortino on behalf of John F. Speranza (Sciortino, Tara)
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Malek Evans. (Attachments: #1 Declaration Attorney Declaration, #2 Exhibit Complaint, #3 Exhibit Foreclosure adjudication, #4 Exhibit Bankruptcy Dismissal, #5 Exhibit July, 12, 2022 New York State Complaint, #6 Memorandum in Support Memorandum of Law)(Campolieto, John)
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Filing 12
MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kevin Hogan, Phillips Lytle LLP. (English, Kevin)
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Filing 11
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kevin Hogan, Phillips Lytle LLP. (Attachments: #1 Declaration Declaration of Kevin J. English, #2 Exhibit Ex 1, #3 Exhibit Ex 2, #4 Exhibit Ex 3, #5 Exhibit Ex 4, #6 Exhibit Ex 5, #7 Exhibit Ex 6, #8 Exhibit Ex 7, #9 Exhibit Ex 8, #10 Exhibit Ex 9, #11 Exhibit Ex 10, #12 Exhibit Ex 11, #13 Exhibit Ex 12, #14 Exhibit Ex 13, #15 Exhibit Ex 14, #16 Exhibit Ex 15)(English, Kevin)
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Filing 10
ORDER, Answer due date updated as to Mark Updegraff. Answer due 11/14/22.. Signed by Hon. Charles J. Siragusa on 10/19/22. (KAP)This was mailed to: James Wynn at 7 Kencrest Circle Rochester, NY 14606.
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Filing 9
Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of personal jurisdiction, lack of subject matter jurisdiction, and insufficient service of process, by Adam J. Bello. (Attachments: #1 Declaration (Amended) in Support of Motion to Dismiss, #2 Exhibit A to Amended Declaration: Complaint, #3 Exhibit B to Amended Declaration: Judgment of Foreclosure and Sale, #4 Exhibit C to Amended Declaration: Notice of Sale and Affidavit of Service, #5 Exhibit D to Amended Declaration: Referee's Report of Sale, #6 Exhibit E to Amended Declaration: Plaintiff's prior filing, #7 Exhibit F to Amended Declaration: Second Circuit Summary Order, #8 Exhibit G to Amended Declaration: Order of Discharge, #9 Exhibit H to Amended Declaration: State Court Amended Verified Complaint, #10 Memorandum in Support (Amended) of Motion to Dismiss)(Brennan, Alissa)
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Filing 8
TEXT ORDER transferring the case to Hon. Charles J. Siragusa. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 10/18/22. (PR)This was mailed to: Plaintiff at his address of record.
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Filing 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John F. Speranza. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Memorandum in Support)(Evans, James)
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Hon. Charles J. Siragusa added. Hon. David G. Larimer no longer assigned to case. (PR)
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Filing 6
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of personal jurisdiction, lack of subject matter jurisdiction, and insufficient service of process, by Adam J. Bello. (Attachments: #1 Declaration in Support of Motion to Dismiss, #2 Exhibit A to Declaration: Complaint, #3 Exhibit B to Declaration: Judgment of Foreclosure and Sale, #4 Exhibit C to Declaration: Notice of Sale and Affidavit of Service, #5 Exhibit D to Declaration: Referee's Report of Sale, #6 Exhibit E to Declaration: Plaintiff's prior filing, #7 Exhibit F to Declaration: Second Circuit Summary Order, #8 Exhibit G to Declaration: Bankruptcy Order of Discharge, #9 Exhibit H to Declaration: State Court Amended Verified Complaint, #10 Memorandum in Support of Motion to Dismiss)(Brennan, Alissa)
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Filing 5
CERT OF SERVICE/SUMMONS Returned Executed by James I. Wynn, Sr. Adam J. Bello served on 9/27/2022, answer due 10/18/2022; Shawn Burr served on 9/28/2022, answer due 10/19/2022; Malek Evans served on 9/27/2022, answer due 10/18/2022; Kevin Hogan served on 10/6/2022, answer due 10/27/2022; Phillips Lytle LLP served on 9/28/2022, answer due 10/19/2022; John F. Speranza served on 9/28/2022, answer due 10/19/2022; Mark Updegraff served on 9/27/2022, answer due 10/18/2022; Paul R. Warren served on 9/27/2022, answer due 10/18/2022. (TF)
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Filing 4
TEXT ORDER granting re #3 Letter request for an extension of time, response due 11/14/22. Signed by Hon. David G. Larimer on 10/14/22. (RE)This was mailed to: James I. Wynn, Sr.
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Filing 3
Letter request for an extension of time filed by Mark Updegraff. (RE)
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Filing 2
CERTIFICATE OF SERVICE by James I. Wynn, Sr re #1 Complaint upon Gerda B. Cassara on 9/30/2022. (TF)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(RE)
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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.Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, ADR Notification and pro se assistance program info given to plaintiff at the counter. (RE)
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Filing 1
COMPLAINT against All Defendants, filed by James I. Wynn, Sr.. Filing fee paid: receipt number ROC013609, $402.00.(TF)
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Summons Issued as to All Defendants. (TF)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF)
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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. Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, ADR Notification and pro se assistance program info given to plaintiff at the counter. (TF)
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