Lichtman v. Dennis et al
Plaintiff: Mitchel Lichtman
Defendant: Brian D. Dennis, Ontario County Family Court and Ontario County New York
Case Number: 6:2024cv06038
Filed: January 19, 2024
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2024 Filing 13 PLAINTIFF'S RESPONSE in Opposition re #9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mitchel Lichtman. (Attachments: #1 Envelope) (DMK)
March 8, 2024 Filing 12 SUMMONS Returned Executed by Mitchel Lichtman. Brian D. Dennis served on 2/9/2024, answer due 3/1/2024; Ontario County Family Court served on 2/9/2024, answer due 3/1/2024; Ontario County New York served on 2/9/2024, answer due 3/1/2024. (Attachments: #1 Envelope)(DMK)
March 4, 2024 Filing 11 RESPONSE to Motion re #6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mitchel Lichtman. (Attachments: #1 Certificate of Service, #2 Envelope) (DMK)
February 29, 2024 Opinion or Order Filing 10 SCHEDULING ORDER: Plaintiff must submit any materials in opposition to Defendants' #9 motion to dismiss by March 21, 2024. Defendants may file reply papers within 14 days after Plaintiff files responding papers. If Plaintiff does not respond, the Court will decide the motion based on the Complaint and the Motion to Dismiss. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/29/2024. (MDS)This was mailed to: Plaintiff.
February 28, 2024 Filing 9 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Brian D. Dennis, Ontario County Family Court. (Attachments: #1 Memorandum in Support MOL, #2 Exhibit Caselaw, #3 Certificate of Service COS)(Crain, Michele)
February 14, 2024 Filing 8 NOTICE of Appearance by Michele Romance Crain on behalf of Brian D. Dennis, Ontario County Family Court (Attachments: #1 Certificate of Service COS)(Crain, Michele)
February 14, 2024 Opinion or Order Filing 7 SCHEDULING ORDER: Plaintiff must submit any materials in opposition to Defendant's #6 Motion to Dismiss by March 6, 2024. Defendant may file reply papers within 14 days after Plaintiff files responding papers. If Plaintiff does not respond, the Court will decide the motion based on the Complaint and the Motion to Dismiss. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/14/2024. (MDS)This was mailed to: Plaintiff.
February 13, 2024 Filing 6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ontario County New York. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1 Westlaw Dixon v. Hahn, #3 Certificate of Service)(Nacca, Joseph)
February 12, 2024 Filing 5 NOTICE of Appearance by Joseph S. Nacca on behalf of Ontario County New York (Nacca, Joseph)
January 22, 2024 Filing 4 TEXT ORDER denying without prejudice #3 motion for access to the Court's electronic filing system.Rule 5 of the Federal Rules of Civil Procedure provides that a pro se litigant "may file electronically only if allowed by court order or by local rule." Fed. R. Civ. P. 5(d)(3)(B)(i). While the Local Rules of Civil Procedure do not specifically address electronic filing system access for pro se litigants, the Local Rules incorporate the Court's Administrative Procedures Guide for Electronic Filing, which does. L.R. Civ. P. 5.1(a). The Administrative Procedures Guide for Electronic Filing provides that "[t]ypically only registered attorneys, as Officers of the Court, will be permitted to file documents electronically. A Judicial Officer may, at his or her discretion, grant a pro se litigant who demonstrates a willingness and capability to file documents electronically, permission to register to do so." See https://www.nywd.uscourts.gov/rules-individual-local-federal (updated Jan. 2024).The Court declines to exercise its discretion to allow Plaintiff to use the Court's electronic filing system at this time. In his motion, Plaintiff indicates that he is equipped with necessary devices and capabilities to file via the electronic filing system. Plaintiff has, however, been able to file his #1 complaint and present #3 motion with the Court through the Clerk's Office and postal system. See Zuccarino v. Town of Hector, Case No. 19-CV-6370-FPG, 2020 WL 2319870, (W.D.N.Y. May 11, 2020). At this time, Plaintiff has not presented a "persuasive reason" for the Court to grant his motion for access to the Court's electronic filing system. Id.; see also Akande v. Philips, 386 F. Supp. 3d 281, 296 (W.D.N.Y. 2019).Accordingly, Plaintiff's #3 motion is denied without prejudice. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/22/2024. (MDS)This was mailed to: Plaintiff.
January 19, 2024 Filing 3 MOTION to Request Use of Court's ECF System by Mitchel Lichtman. (DMK)
January 19, 2024 Filing 2 Summons Issued as to Brian D. Dennis, Ontario County Family Court ( Linda M. Distefano, Chief Clerk), Ontario County New York ( Holly A. Adams, County Attorney). (DMK)
January 19, 2024 Filing 1 COMPLAINT against Brian D. Dennis, Ontario County Family Court, Ontario County New York, filed by Mitchel Lichtman. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(DMK)
January 19, 2024 Filing fee: $ 405.00, receipt number 600000660. (DMK)
January 19, 2024 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 was mailed to plaintiff. (DMK)
January 19, 2024 AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. 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 was mailed to plaintiff. (DMK)

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Plaintiff: Mitchel Lichtman
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Defendant: Brian D. Dennis
Represented By: Michele Romance Crain
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Defendant: Ontario County Family Court
Represented By: Michele Romance Crain
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Defendant: Ontario County New York
Represented By: Joseph S. Nacca
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