This case was last updated from PACER on 12/16/2019 at 07:57:54 (UTC).

Burke v. The County of Wayne et al

Case Summary

On 10/17/2019 Burke filed a Civil Right - Other Civil Right lawsuit against The County of Wayne. This case was filed in U.S. District Courts, New York Western District. The Judges overseeing this case are Charles J. Siragusa and Marian W. Payson. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:19-CV-06770

  • Filing Date:

    10/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Western District

Judge Details

Presiding Judge

Charles J. Siragusa

Referral Judge

Marian W. Payson

 

Party Details

Plaintiff

Chance Burke

Defendants

Wayne County

Wayne County Sheriff Department

Wayne County Sheriff Barry Virts

Robert Morrison

Wayne County Sheriffs Office

Barry Virts

Wayne County Jail

The County of Wayne

Sergeant Robert Morrison

Attorney/Law Firm Details

Plaintiff Attorney

Joshua M. Gillette

Attorney at Robert E. Lahm PLLC

711 East Genesee Street

Syracuse, NY 13210

Defendant Attorney

Patrick B. Naylon

Attorney at Goldberg Segalla, LLP

Two State Street, Suite 1200

Rochester, NY 14614

 

Court Documents

#7

(#7) 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.) Status Conference set for 8/11/2020 11:00 AM before Hon. Marian W. Payson. Stipulation of Selection of Mediator due by 12/26/2019. First Mediation Session due by 2/20/2020. Mediation To End by 4/20/2020. Mandatory Disclosures due by 12/30/2019. Motions to Join Parties/Amend Pleadings due by 3/31/2020. Fact Discovery to be completed by 8/31/2020. Plaintiff Expert Witness ID due by 6/30/2020. Defendant Expert Witness ID due by 7/31/2020. Expert Discovery to be completed by 8/31/2020. Dispositive Motions due by 11/2/2020. Signed by Hon. Marian W. Payson on 11/26/2019. (KAH) (Entered: 11/26/2019)

#6

(#6) DISCOVERY PLAN by Robert Morrison, The County of Wayne, Barry Virts, Wayne County Jail, Wayne County Sheriffs Office.(Naylon, Patrick) (Entered: 11/13/2019)

#5

(#5) ORDER (Scheduling Conference set for 11/26/2019 11:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 10/29/2019. (KAH) (Entered: 10/29/2019)

2 #1

Certificate of Service

#2

(#2) ANSWER to Complaint by Robert Morrison, The County of Wayne, Barry Virts, Wayne County Jail, Wayne County Sheriffs Office. (Attachments: #1 Certificate of Service)(Naylon, Patrick) (Entered: 10/24/2019)

1 #4

Certificate of Service

1 #3

Supplement Index

1 #2

Civil Cover Sheet

1 #1

Exhibit Summons and Complaint

#1

(#1) NOTICE OF REMOVAL by Robert Morrison, Wayne County, Wayne County Sheriff Department, Wayne County Sheriff Barry Virts from Supreme Court Wayne County, case number CV084878. (Filing fee $ 400 receipt number 0209-3624254), filed by Robert Morrison, Wayne County, Wayne County Sheriff Department, Wayne County Sheriff Barry Virts. (Attachments: #1 Exhibit Summons and Complaint, #2 Civil Cover Sheet, #3 Supplement Index, #4 Certificate of Service)(Naylon, Patrick) (Entered: 10/17/2019)

 

Docket Entries

  • 11/26/2019
  • (#8) Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 11/26/2019. Appearances: Joshua M. Gillette, Esq. by telephone, Patrick B. Naylon, Esq. and Kelley Geary, Esq. (CAM) (Entered: 11/27/2019)

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  • 11/26/2019
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  • (#7) 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.) Status Conference set for 8/11/2020 11:00 AM before Hon. Marian W. Payson. Stipulation of Selection of Mediator due by 12/26/2019. First Mediation Session due by 2/20/2020. Mediation To End by 4/20/2020. Mandatory Disclosures due by 12/30/2019. Motions to Join Parties/Amend Pleadings due by 3/31/2020. Fact Discovery to be completed by 8/31/2020. Plaintiff Expert Witness ID due by 6/30/2020. Defendant Expert Witness ID due by 7/31/2020. Expert Discovery to be completed by 8/31/2020. Dispositive Motions due by 11/2/2020. Signed by Hon. Marian W. Payson on 11/26/2019. (KAH) (Entered: 11/26/2019)

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  • 11/13/2019
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  • (#6) DISCOVERY PLAN by Robert Morrison, The County of Wayne, Barry Virts, Wayne County Jail, Wayne County Sheriffs Office.(Naylon, Patrick) (Entered: 11/13/2019)

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  • 10/29/2019
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  • (#5) ORDER (Scheduling Conference set for 11/26/2019 11:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 10/29/2019. (KAH) (Entered: 10/29/2019)

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  • 10/29/2019
  • E-Filing Notification: Inserted word "TEXT" to 4 AMENDED ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson to reflect AMENDED TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. (KJA) (Entered: 10/29/2019)

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  • 10/28/2019
  • (#4) AMENDED TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 10/28/19. (KJA) Modified on 10/29/2019 (KJA). (Entered: 10/28/2019)

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  • 10/28/2019
  • (#3) TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. (KJA) (Entered: 10/28/2019)

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  • 10/25/2019
  • ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF) (Entered: 10/25/2019)

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  • 10/24/2019
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  • (#2) ANSWER to Complaint by Robert Morrison, The County of Wayne, Barry Virts, Wayne County Jail, Wayne County Sheriffs Office. (Attachments: #1 Certificate of Service)(Naylon, Patrick) (Entered: 10/24/2019)

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  • 10/18/2019
  • AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) (Entered: 10/21/2019)

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  • 10/18/2019
  • 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. (TF) (Entered: 10/18/2019)

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  • 10/18/2019
  • Case assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil opening. (TF) (Entered: 10/18/2019)

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  • 10/18/2019
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  • E-Filing Notification: Modified party names on docket to reflect how they are appear on the #1 NOTICE OF REMOVAL. (TF) (Entered: 10/18/2019)

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  • 10/17/2019
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  • (#1) NOTICE OF REMOVAL by Robert Morrison, Wayne County, Wayne County Sheriff Department, Wayne County Sheriff Barry Virts from Supreme Court Wayne County, case number CV084878. (Filing fee $ 400 receipt number 0209-3624254), filed by Robert Morrison, Wayne County, Wayne County Sheriff Department, Wayne County Sheriff Barry Virts. (Attachments: #1 Exhibit Summons and Complaint, #2 Civil Cover Sheet, #3 Supplement Index, #4 Certificate of Service)(Naylon, Patrick) (Entered: 10/17/2019)

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