Wynn v. Warren et al
| James I. Wynn, Sr. |
| Judge Paul R. Warren, Judge Thomas E. Moran, Judge Sam L. Valleriani, Phillip Lytle, LLP, Richard Evans, Cheswold (TL) LLC, Lorenzo Napolitano, Monroe County Director of Finance, William Fant, Gerda B. Cassara, William Rieth, Esq. and Mark Updegraff |
| 6:2022cv06362 |
| August 26, 2022 |
| US District Court for the Western District of New York |
| David G Larimer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: Pursuant to Fed. R. Civ. P.7.1(b) and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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Filing 12
TEXT ORDER re #8 First MOTION to Dismiss MOTION to Dismiss Case as Frivolous MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lorenzo Napolitano and #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Richard Evans, Phillip Lytle, LLP. Plaintiff is hereby advised that defendants Richard Evans, and Phillip Lytle, LLP and Lorenzo Napolitano have separately asked the Court to decide this case without a trial and dismiss the Complaint based on written materials and for the reasons stated in the motions. THE CLAIMS PLAINTIFF ASSERTS IN HIS COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF HE DOES NOT RESPOND TO THESE MOTIONS by addressing the arguments contained in the defendants' separate motions. If plaintiff has any questions, he may direct them to the Pro Se Assistance Program run by legal services providers in Rochester, NY. He may call (585) 295-5709 or leave a message online at legalhelprochester.com. Plaintiff must submit any materials in opposition to defendants' separate motions no later than November 21, 2022. Reply papers by the moving parties must be filed no later than eight (8) business days following the filing of responding papers. If plaintiff fails to respond, the Court will decide the motions based on the Complaint and the motions to dismiss. The Court will not hold oral argument but will decide the motions based on the papers submitted. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 10/20/22. (PR)This was mailed to: Plaintiff at his address of record.
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Filing 11
TEXT ORDER granting defendant Updegraff's #10 MOTION for Extension of Time to File Answer. Defendant must Answer or otherwise move against the complaint on or before 11/14/22. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 10/20/22. (PR)This was mailed to: Plaintiff at his address of record.
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Filing 10
MOTION for Extension of Time to File Answer by Mark Updegraff.(PR)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF)
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Filing 9
ANSWER to #1 Complaint by William Rieth, Esq.(Rieth, William)
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Filing 8
First MOTION to Dismiss , MOTION to Dismiss Case as Frivolous , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lorenzo Napolitano. (Attachments: #1 Memorandumof Law, #2 Declaration of Lorenzo Napolitano, #3 Complaint, #4 Order of Reference and Default Judgment)(Witmer, Michael)
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Filing 7
MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Phillip Lytle, LLP. and Richard Evans (English, Kevin) Modified on 10/19/2022 (TF).
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Filing 6
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Phillip Lytle, LLP. and Richard Evans (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) Modified on 10/19/2022 (TF).
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Filing 5
CERT OF SERVICE/SUMMONS Returned Executed by James I. Wynn, Sr. Thomas E. Moran served on 9/28/2022, answer due 10/19/2022; Lorenzo Napolitano served on 9/28/2022, answer due 10/19/2022; Phillip Lytle, LLP served on 9/27/2022, answer due 10/18/2022; William Rieth, Esq served on 9/28/2022, answer due 10/19/2022; Mark Updegraff served on 9/28/2022, answer due 10/19/2022; Sam L. Valleriani served on 9/28/2022, answer due 10/19/2022; 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. (RE)
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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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Filing 1
COMPLAINT against All Defendants, filed by James I. Wynn, Sr. (Attachments: #1 Civil Cover Sheet)(RE)
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Filing fee received in the amount of $402.00, receipt number ROC013615. (RE)
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Summons Issued as to all Defendants. (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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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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