This case was last updated from PACER on 12/01/2018 at 07:59:55 (UTC).

Sprole v. Underwood et al

Case Summary

On 10/02/2018 Sprole filed a Civil Right - Other Civil Right lawsuit against Underwood. This case was filed in U.S. District Courts, New York Northern District. The Judges overseeing this case are David E. Peebles and Lawrence E. Kahn. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:18-CV-01185

  • Filing Date:

    10/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Northern District

Judge Details

Referral Judge

David E. Peebles

Presiding Judge

Lawrence E. Kahn

 

Party Details

Plaintiff and Counter Defendant

Linda S. Sprole

Ithaca, NY 14850

Defendants and Counter Claimants

Attorney Susan C. Kirby

Attorney Harlan B. Gingold

Syracuse, NY 13202

Attorney Richard B. Alderman

Syracuse, NY 13202

Robert R. Sprole, III

Attorney Donald J. Martin

CEO and Attorney Christopher D. Jagel

Barbara D. Underwood

Attorney/Law Firm Details

Defendant and Counter Claimant Attorneys

David Bloom

Attorney at Kaufman Borgeest & Ryan LLP

200 Summit Lake Drive

Valhalla, NY 10595

Joan M. Gilbride

Attorney at Kaufman Borgeest & Ryan LLP

200 Summit Lake Drive

Valhalla, NY 10595

Harlan B. Gingold

Attorney at Macht, Brenizer Law Firm

State Tower Building, 109 South Warren Street, Suite 510

Syracuse, NY 13202

Emer Stack

Attorney at Hancock Estabrook, LLP

1500 Axa Tower I, 100 Madison Street

Syracuse, NY 13202

John G. Powers

Attorney at Hancock Estabrook, LLP

1500 Axa Tower I, 100 Madison Street

Syracuse, NY 13202

Christopher Liberati-Conant

Attorney at New York State Attorney General - Albany

 

Court Documents

#1

(#1) COMPLAINT WITH JURY DEMAND against Richard B. Alderman, Harlan B. Gingold, Christopher D. Jagel, Susan C. Kirby, Donald J. Martin, Robert R. Sprole, III, Barbara D. Underwood (Filing fee $400 receipt number 3BNG2564) filed by Linda S. Sprole. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Envelope)(khr) (Entered: 10/03/2018)

1 #3

Envelope

1 #2

Civil Cover Sheet

1 #1

Exhibit

2 #6

Summons issued as to Martin

#2

(#2) Summons Issued as to Richard B. Alderman. (Attachments: #1 Summons issued as to Kirby, #2 Summons issued as to Gingold, #3 Summons issued as to Sprole, #4 Summons issued as to Barbara Underwood, #5 Summons issued as to Jagel, #6 Summons issued as to Martin)(khr) (Entered: 10/03/2018)

2 #1

Summons issued as to Kirby

2 #5

Summons issued as to Jagel

2 #4

Summons issued as to Barbara Underwood

#29

(#29) First MOTION to Dismiss pursuant to Rule 12(b)(5), First MOTION to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Rule 12(b)(1), First MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Susan C. Kirby. (Attachments: #1 Declaration Declaration of Susan Kirby, Esq., #2 Declaration Declaration of David Bloom, Esq., #3 Exhibit(s) A- Complaint, #4 Exhibit(s) B- Summons issued, #5 Exhibit(s) C- plainitff's affidavit of service, #6 Memorandum of Law) (Bloom, David) (Entered: 11/29/2018)

#30

(#30) CERTIFICATE OF SERVICE by Susan C. Kirby re #29 First MOTION to Dismiss pursuant to Rule 12(b)(5)First MOTION to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Rule 12(b)(1)First MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) (Bloom, David) (Entered: 11/29/2018)

29 #5

Exhibit(s) C- plainitff's affidavit of service

29 #4

Exhibit(s) B- Summons issued

29 #3

Exhibit(s) A- Complaint

29 #2

Declaration Declaration of David Bloom, Esq.

29 #1

Declaration Declaration of Susan Kirby, Esq.

29 #6

Memorandum of Law

28 #1

Exhibits A - I

59 More Documents Available

 

Docket Entries

  • 11/29/2018
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  • (#30) CERTIFICATE OF SERVICE by Susan C. Kirby re #29 First MOTION to Dismiss pursuant to Rule 12(b)(5)First MOTION to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Rule 12(b)(1)First MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) (Bloom, David) (Entered: 11/29/2018)

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  • 11/29/2018
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  • (#29) First MOTION to Dismiss pursuant to Rule 12(b)(5), First MOTION to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Rule 12(b)(1), First MOTION to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) filed by Susan C. Kirby. (Attachments: #1 Declaration Declaration of Susan Kirby, Esq., #2 Declaration Declaration of David Bloom, Esq., #3 Exhibit(s) A- Complaint, #4 Exhibit(s) B- Summons issued, #5 Exhibit(s) C- plainitff's affidavit of service, #6 Memorandum of Law) (Bloom, David) (Entered: 11/29/2018)

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  • 11/29/2018
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  • (#28) MOTION to Dismiss Counter Claim Motion Hearing set for 1/4/2019 09:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 12/18/2018 Reply to Response to Motion due by 12/24/2018. filed by Linda S. Sprole. (Attachments: #1 Exhibits A - I, #2 Affidavit of Service, #3 Mailing Envelope)[Exhibit I is the Memorandum of Law] (khr) (Entered: 11/29/2018)

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  • 11/29/2018
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  • Reset Deadlines as to #27 First MOTION to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Personal Jurisdiction First MOTION to Dismiss for Lack of Subject Matter Jurisdiction. Response to Motion due by 12/19/2018. Reply to Response to Motion due by 12/26/2018. Motion Hearing is reset for 1/4/2019 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. This motion will be considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. Motion deadlines adjusted to correspond with Judge Kahn's motion calendar.***A copy of this Notice was served upon pro se party via US Mail. (sas) (Entered: 11/29/2018)

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  • 11/28/2018
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  • (#27) First MOTION to Dismiss for Failure to State a Claim , First MOTION to Dismiss for Lack of Personal Jurisdiction , First MOTION to Dismiss for Lack of Subject Matter Jurisdiction Motion Hearing set for 1/9/2019 09:30 AM in Syracuse before Senior Judge Lawrence E. Kahn Response to Motion due by 12/24/2018 Reply to Response to Motion due by 12/31/2018. filed by Barbara D. Underwood. (Attachments: #1 Memorandum of Law in Support of Dismissal, #2 Declaration of Service) (Liberati-Conant, Christopher) (Entered: 11/28/2018)

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  • 11/26/2018
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  • (#26) REPLY to Response to Motion re #16 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and on other grounds pursuant to Fed. R. Civ. P. 12 filed by Christopher D. Jagel, Donald J. Martin, Robert R. Sprole, III. (Stack, Emer) (Entered: 11/26/2018)

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  • 11/21/2018
  • (#24) TEXT ORDER: On November 20, 2018, the Clerk received a hard-copy mailing containing Plaintiff's third filing in opposition to the motion to dismiss filed by certain of the defendants (the "Third Opposition"). See Dkt. Nos. 16 ("Motion to Dismiss"), 21 ("First Opposition"), 22 ("Second Opposition"). The Third Opposition consists of an affidavit, a memorandum, and a certificate of service, as well as a number of exhibits. The Court has reviewed those documents, and has determined that all of Plaintiff's exhibits contain personally identifying information that must be filed under seal. The Court therefore directs the Clerk to accept Plaintiff's Third Opposition for filing as follows: the affidavit, memorandum, and certificate of service shall be filed on the public docket; the attached exhibits shall be filed under seal. See L.R. 8.1. Signed by Senior Judge Lawrence E. Kahn on November 21, 2018. (Copy served via regular mail)(sas) (Entered: 11/21/2018)

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  • 11/20/2018
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  • (#25) THIRD RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and on other grounds pursuant to Fed. R. Civ. P. 12 filed by Linda S. Sprole. (Attachments: #1 Exhibits A -E, #2 Exhibits F and G, #3 Exhibits H - O, #4 Exhibits P - R, #5 Memorandum of Law, #6 Affidavit of Service, #7 Mailing Envelope)(khr) (Entered: 11/21/2018)

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  • 11/19/2018
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  • (#23) AFFIDAVIT of Service served on Linda Sprole on November 1, 2018, filed by Harlan B. Gingold. (Gingold, Harlan) (Entered: 11/19/2018)

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  • 11/07/2018
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  • (#22) RESPONSE to Motion re #16 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and on other grounds pursuant to Fed. R. Civ. P. 12 filed by Linda S. Sprole. (Dated) (Attachments: #1 Cover Letter)(khr) (Entered: 11/07/2018)

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13 More Docket Entries
  • 10/29/2018
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  • (#10) NOTICE of Appearance by John G. Powers on behalf of Christopher D. Jagel, Donald J. Martin, Robert R. Sprole, III (Powers, John) (Entered: 10/29/2018)

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  • 10/25/2018
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  • (#9) TEXT ORDER granting #7 Letter Request for an extension of time for defendant Barbara D. Underwood to answer or otherwise respond to plaintiff's complaint on or before. 11/29/2018. The IN PERSON Initial Conference set for 1/18/2019 at 10:00 AM is RESCHEDULED for 2/15/2019 at 10:00 AM at the U.S. Courthouse, 15 Henry Street, in Binghamton, NY before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/12/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). Authorized by Magistrate Judge David E. Peebles on 10/25/2018. (Copy served upon plaintiff via regular mail). (sal ) (Entered: 10/25/2018)

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  • 10/23/2018
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  • (#8) AFFIDAVIT re #7 Letter Motion from Chris Liberati-Conant for Barbara D. Underwood requesting Extension of time to answer submitted to Judge Peebles , #6 Notice of Appearance by Barbara D. Underwood. (Liberati-Conant, Christopher) (Entered: 10/23/2018)

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  • 10/23/2018
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  • (#7) Letter Motion from Chris Liberati-Conant for Barbara D. Underwood requesting Extension of time to answer submitted to Judge Peebles . (Liberati-Conant, Christopher) (Entered: 10/23/2018)

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  • 10/23/2018
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  • (#6) NOTICE of Appearance by Christopher Liberati-Conant on behalf of Barbara D. Underwood (Liberati-Conant, Christopher) (Entered: 10/23/2018)

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  • 10/12/2018
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  • (#5) SUMMONS Returned Executed by Linda S. Sprole. Richard B. Alderman served on 10/9/2018, answer due 10/30/2018; Harlan B. Gingold served on 10/9/2018, answer due 10/30/2018; Christopher D. Jagel served on 10/9/2018, answer due 10/30/2018; Susan C. Kirby served on 10/9/2018, answer due 10/30/2018; Donald J. Martin served on 10/9/2018, answer due 10/30/2018; Robert R. Sprole, III served on 10/9/2018, answer due 10/30/2018; Barbara D. Underwood served on 10/9/2018, answer due 10/30/2018. (khr) (Entered: 10/12/2018)

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  • 10/03/2018
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  • (#4) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/18/2019 10:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/11/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) Mailed copy to pro se plaintiff on 10/3/2018 (Entered: 10/03/2018)

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  • 10/02/2018
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  • (#3) PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. Provided pro se plaintiff with all filed documents, Local Rules, pro se handbook. (khr) (Entered: 10/03/2018)

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  • 10/02/2018
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  • (#2) Summons Issued as to Richard B. Alderman. (Attachments: #1 Summons issued as to Kirby, #2 Summons issued as to Gingold, #3 Summons issued as to Sprole, #4 Summons issued as to Barbara Underwood, #5 Summons issued as to Jagel, #6 Summons issued as to Martin)(khr) (Entered: 10/03/2018)

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  • 10/02/2018
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  • (#1) COMPLAINT WITH JURY DEMAND against Richard B. Alderman, Harlan B. Gingold, Christopher D. Jagel, Susan C. Kirby, Donald J. Martin, Robert R. Sprole, III, Barbara D. Underwood (Filing fee $400 receipt number 3BNG2564) filed by Linda S. Sprole. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Envelope)(khr) (Entered: 10/03/2018)

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