New York Northern District Court Records

(#18) ANSWER TO #11 ANSWER TO AMENDED COMPLAINT,, CROSSCLAIM, OF JILL HARRINGTON BY THE COUNTY OF ALBANY.(GOLDSTEIN, MICHAEL) (ENTERED: 12/03/2019)

(#17) ANSWER TO #9 ANSWER TO AMENDED COMPLAINT,, CROSSCLAIM, OF CFG HEALTH SYSTEMS, LLC BY THE COUNTY OF ALBANY.(GOLDSTEIN, MICHAEL) (ENTERED: 12/03/2019)

(#14) ORDER REFERRING CASE TO MANDATORY MEDIATION. DEADLINE FOR MEDIATOR SELECTION IS 1/3/2020. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 4/27/2020. SIGNED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 12/4/2019. (JDP ) (ENTERED: 12/06/2019)

(#13) UNIFORM PRETRIAL SCHEDULING ORDER: ANTICIPATED LENGTH OF TRIAL: 5. PREFERRED TRIAL LOCATION: BINGHAMTON. JOINDER OF PARTIES DUE BY 1/31/2020. AMENDED PLEADINGS DUE BY 1/31/2020. DISCOVERY DUE BY 1/25/2021. MOTIONS TO BE FILED BY 3/29/2021. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 4/27/2020. STATUS REPORT DUE BY 2/17/2020.. SIGNED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 12/4/2019. (JDP ) (ENTERED: 12/05/2019)

(#11) REQUEST FOR ENTRY OF DEFAULT AS TO CASEFUL, LLC RE 8 ORDER ON LETTER REQUEST, #6 AFFIDAVIT OF SERVICE, #1 COMPLAINT, SET/RESET ANSWER DEADLINE, #5 AFFIDAVIT OF SERVICE, #2 SUMMONS ISSUED, 10 ORDER, BY CASESTRY, LLC. (ATTACHMENTS: #1 AFFIDAVIT LAMBRECHT AFF ISO REQUEST FOR CLERK'S CERTIFICATE OF ENTRY OF DEFAULT)(LAMBRECHT, TIMOTHY) (ENTERED: 12/03/2019)

(#10) TEXT ORDER: IN FURTHERANCE OF PLAINTIFFS LETTER MOTION #9 AND IN ORDER TO CLARIFY THE COURTS TEXT ORDER 8 ADDRESSING DEFENDANTS LETTER MOTION #7 , THE COURT ORDERS AS FOLLOWS. DEFENDANTS LETTER MOTION #7 IS GRANTED ONLY TO THE EXTENT THAT DEFENDANTS ANSWER OR OTHERWISE RESPONSE TO THE COMPLAINT SHALL BE FILED BY 12/2/2019. DEFENDANTS MOTION TO PROCEED PRO SE IS DENIED AND NOT PERMITTED. SO ORDERED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 11/8/2019. (JDP ) (ENTERED: 11/08/2019)

(#12) ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: THIS CASE IS REFERRED TO PARTICIPATION IN THE MANDATORY MEDIATION PROGRAM. THE PARTIES SHOULD REFER TO GENERAL ORDER #47. THE DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 3/31/2020. THE DEADLINE FOR THE PARTIES FILE A STIPULATION SELECTING A MEDIATOR IS 12/31/2019. SIGNED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 12/3/2019. (MAB) (ENTERED: 12/03/2019)

(#11) UNIFORM PRETRIAL SCHEDULING ORDER: ANTICIPATED LENGTH OF TRIAL: 3-4 DAYS. PREFERRED TRIAL LOCATION: ALBANY, NY. JOINDER OF PARTIES DUE BY 1/30/2020. AMENDED PLEADINGS DUE BY 1/30/2020. THE COURT HAS DISCUSSED MANDATORY MEDIATION WITH THE PARTIES AND WILL ISSUE A SEPARATE ORDER REFERRING THIS ACTION INTO THE MANDATORY MEDIATION PROGRAM. THE DEADLINE TO COMPLETE MANDATORY MEDIATION IS 3/31/2020. DISCOVERY DUE BY 8/1/2020. MOTIONS TO BE FILED BY 10/1/2020. STATUS REPORT DUE BY 3/6/2020. SIGNED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 12/3/2019. (MAB) (ENTERED: 12/03/2019)

(#13) AMENDED COMPLAINT AGAINST EXCELSIOR COLLEGE FILED BY MAKETA S. JOLLY. (ATTACHMENTS: #1 MAILING ENVELOPE)(DPK) (ENTERED: 11/12/2019)

(#12) ORDER REASSIGNING CASE. CASE REASSIGNED TO JUDGE DAVID N. HURD FOR ALL FURTHER PROCEEDINGS. SENIOR JUDGE FREDERICK J. SCULLIN, JR NO LONGER ASSIGNED TO CASE. THE CASE REMAINS ASSIGNED TO MAGISTRATE JUDGE THERESE W. DANCKS. SIGNED BY CHIEF JUDGE GLENN T. SUDDABY ON 10/29/2019. (COPY SERVED VIA REGULAR MAIL) (DPK) (ENTERED: 10/29/2019)

(#13) REPLY TO RESPONSE TO MOTION RE #4 MOTION TO DISMISS FILED BY FREDERICK REUS. (WEINRAUB, ALAN) (ENTERED: 12/20/2019)

(#12) NOTICE BY WILLIAM ARTHUR, MICHAEL TETREAULT, TOWN OF CHAZY RE #10 AMENDED COMPLAINT DEFENDANTS' OBJECTION TO AMENDED COMPLAINT (RUGGIERO, COREY) (ENTERED: 12/19/2019)

(#12) SUBMISSION FROM ANTONIO TYES IN SUPPORT OF IFP AND REQUESTING INJUNCTIVE RELIEF. (NAS, ) (ENTERED: 12/03/2019)

(#11) MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY ANTONIO TYES. (NAS, ) (ENTERED: 12/03/2019)

(#13) TEXT ORDER GRANTING #11 LETTER REQUEST FROM CARL M. PERRI FOR WAJAX CORPORATION, WAJAX LIMITED REQUESTING EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT. WAJAX CORPORATION ANSWER DUE 1/10/2020; WAJAX LIMITED ANSWER DUE 1/10/2020. AUTHORIZED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 12/10/2019. (TAB) (ENTERED: 12/10/2019)

(#12) NOTICE OF APPEARANCE BY MATTHEW J. VAN DUSEN ON BEHALF OF WAJAX CORPORATION, WAJAX LIMITED (VAN DUSEN, MATTHEW) (ENTERED: 12/06/2019)

(#7) SUMMONS ISSUED AS TO SEAN BARR. (SEE) (ENTERED: 12/17/2019)

***ANSWER DUE DATE UPDATED FOR NICHOLAS GARDNER ANSWER DUE 12/30/2019; AMBER M. STEVENS ANSWER DUE 12/30/2019; VILLAGE OF GOUVERNEUR ANSWER DUE 12/30/2019. (SEE) (ENTERED: 12/17/2019)

(#12) ORDER OF RECUSAL: MAGISTRATE JUDGE THERESE WILEY DANCKS RECUSED. CASE REASSIGNED TO US MAGISTRATE JUDGE ANDREW T. BAXTER FOR ALL FURTHER PROCEEDINGS. THE ASSIGNED DISTRICT JUDGE, THE HON. FREDERICK J. SCULLIN, JR. REMAINS THE SAME. SIGNED BY MAGISTRATE JUDGE THERESE WILEY DANCKS ON 12/23/2019. (SG) (ENTERED: 12/23/2019)

(#11) LETTER NOTICE OF ADMISSION REQUIREMENT TO D. ALEX COCKRUM, ESQ., LEGAL COUNSEL TO GARNISHEE HSBC. (COPY OF THIS LETTER SERVED ON COUNSEL VIA REGULAR MAIL.) (SG ) (ENTERED: 12/20/2019)

(#7) DECISION AND ORDER: IT IS ORDERED THAT 1. PLAINTIFF'S 1983 CLAIMS FOR MONETARY DAMAGES AGAINST DEFENDANTS IN THEIR OFFICIAL CAPACITY ARE DISMISSED WITH PREJUDICE PURSUANT TO 28 U.S.C. 1915(E)(2)(B) AND 28 U.S.C. 1915A(B);2. PLAINTIFF'S REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH THE PLEADING STANDARDS AND STATE A CLAIM; 3. IF PLAINTIFF WISHES TO PROCEED WITH THIS ACTION, HE MUST FILE A SIGNED AMENDED COMPLAINT THAT CURES THE PLEADING DEFECTS IDENTIFIED ABOVE IN THIS DECISION AND ORDER; 4. UPON PLAINTIFF'S FULL COMPLIANCE WITH THIS DECISION AND ORDER, THE CLERK SHALL RETURN THE FILE TO THIS COURT FURTHER REVIEW; 5. IF PLAINTIFF FAILS TO FULLY COMPLY WITH THE TERMS OF THIS DECISION AND ORDER WITHIN THIRTY (30) DAYS FROM ITS FILING DATE, THE CLERK SHALL ENTER JUDGMENT INDICATING THAT THIS ACTION IS DISMISSED, WITHOUT FURTHER ORDER OF THIS COURT, PURSUANT TO 28 U.S.C. 1915A(B) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. (NOTICE OF COMPLIANCE DEADLINE 1/13/2020, CASE REVIEW DEADLINE 2/11/2020). SIGNED BY JUDGE DAVID N. HURD ON 12/11/2019. (COPY SERVED VIA REGULAR MAIL)(MEB) (ENTERED: 12/11/2019)

(#6) CASE TRANSFERRED IN FROM DISTRICT OF NEW YORK WESTERN; CASE NUMBER 6:19-CV-06280. ELECTRONICALLY TRANSFERRED WHEN CASE OPENED (ENTERED: 10/30/2019)

(#14) SUMMONS ISSUED AS TO WILLIAM BROWNING. (JDP ) (ENTERED: 12/23/2019)

(#13) TEXT ORDER: PURSUANT TO UNITED STATES DISTRICT JUDGE BRENDA K. SANNES' TEXT ORDER 8 , PLAINTIFF FILED A STATUS REPORT #10 AND SIMULTANEOUSLY FILED A MOTION #9 TO AMEND/CORRECT COMPLAINT. PURSUANT TO RULE 15 OF THE FEDERAL RULES OF CIVIL PROCEDURE, PLAINTIFF REQUESTS AMENDMENT OF THE COMPLAINT CAPTION CORRECTING THE NAME OF JOHN DOE TO WILLIAM BROWNING, FOR ISSUANCE OF A SUMMONS TO WILLIAM BROWNING, AND DELETING AND DISMISSING THE DEFENDANTS MARY ROE" AND "XYZ CORPORATION, AS NEITHER OF THESE TWO DEFENDANTS HAS BEEN SERVED UNDER THESE FICTITIOUS NAMES. SEE, DKT. NO. 9 & DKT. NO. 10. IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION #9 IS GRANTED TO THE EXTENT AND AS FOLLOWS: 1) THE CLERK IS DIRECTED TO AMEND AND CORRECT THE COMPLAINT CAPTION, AS WELL AS EXHIBIT C OF THE COMPLAINT, TO CHANGE AND CORRECT THE NAME OF JOHN DOE TO WILLIAM BROWNING, AND TO ALSO ISSUE A SUMMONS AS TO WILLIAM BROWNING; 2) THE CLERK IS DIRECTED TO DELETE AND DISMISS IN THE COMPLAINT CAPTION, AND IN EXHIBIT C OF THE COMPLAINT, DEFENDANTS MARY ROE" AND "XYZ CORPORATION; 3) THE CLERK IS DIRECTED TO CORRECT THE DOCKET TO REFLECT THESE CHANGES. FURTHERMORE, THE CLERK'S ENTRY OF DEFAULT #7 IS HEREBY RENDERED MOOT AND VOID, AND THE CLERK IS DIRECTED TO MAKE AN ENTRY IN THE DOCKET TO THAT EFFECT. AN AMENDED COMPLAINT BECOMES THE OPERATIVE COMPLAINT AT THE TIME THAT THE MOTION TO AMEND IS GRANTED. SEE SHIELDS V. CITYTRUST BANCORP, INC., 25 F.3D 1124, 1128 (2D CIR. 1994) (IT IS WELL ESTABLISHED THAT AN AMENDED COMPLAINT ORDINARILY SUPERSEDES THE ORIGINAL AND RENDERS IT OF NO LEGAL EFFECT.) IN ADDITION, GENERALLY, ONCE THE ORIGINAL COMPLAINT IS SUPERSEDED, A CLERKS ENTRY OF DEFAULT ON THAT PLEADING IS MOOTED. GLADSTONE V. HEALTH CAREER ACAD., 15-CV-0517, 2016 WL 81789, AT *2 (D. CONN. JAN. 7, 2016) (QUOTING ALLSTATE INS. CO. V. YADGAROV, 11-CV-6187, 2014 WL 860019, AT *8 (E.D.N.Y. MAR. 5, 2014) (COLLECTING CASES)). AS A RESULT, PLAINTIFF'S MOTION #9 TO AMEND/CORRECT THE COMPLAINT, RENDERS THE CLERK'S ENTRY OF DEFAULT #7 MOOT AND VOID. SO ORDERED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 12/23/2019. (JDP, ) (ENTERED: 12/23/2019)

TEXT NOTICE OF TELEPHONE CONFERENCE: A TELEPHONE STATUS CONFERENCE HAS BEEN SET FOR 3/5/2020 AT 10:00 AM BEFORE MAGISTRATE JUDGE THERESE WILEY DANCKS. DEFENDANT COUNSEL IS DIRECTED TO INITIATE THE CALL AND TO CONTACT CHAMBERS AT (315) 234-8618 (THE DEDICATED CONFERENCE LINE) ONCE ALL COUNSEL ARE ON THE LINE. (SG) (ENTERED: 12/05/2019)

(#14) ORDER REFERRING CASE TO MANDATORY MEDIATION: DEADLINE FOR MEDIATOR SELECTION IS 1/2/2020. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 4/3/2020. SIGNED BY MAGISTRATE JUDGE THERESE WILEY DANCKS ON 12/5/2019. (SG ) (ENTERED: 12/05/2019)

(#9) LETTER STATING THAT PLTF IS SENDING PROOF OF SERVICE FOR TRIAL AND IS WAITING FOR THE CALL FROM THE JUDGE IN JANUARY FILED BY STEPHEN MAURO. (SFP, ) (ENTERED: 12/04/2019)

(#8) RETURN RECEIPT RECEIVED AS TO STEPHEN MAURO SERVED PAPERS ON HIRERIGHT 11/7/19 AND ON STERLING TALENT SOLUTIONS ON 11/4/19 BY CERTIFIED MAIL. PLTF STATES HE IS IN AT PO BOX 1872 SUN CITY, AZ HELPING HIS SISTER. (ATTACHMENTS: #1 EXHIBITS, #2 ENVELOPE)(SFP, ) (ENTERED: 11/19/2019)

(#39) WAIVER OF SERVICE RETURNED EXECUTED BY SOUTHWESTERN PAYROLL SERVICE, INC.. KANINGO, LLC WAIVER SENT ON 12/20/2019, ANSWER DUE 2/18/2020. (KORNSTEIN, MICHAEL) (ENTERED: 12/20/2019)

(#38) WAIVER OF SERVICE RETURNED EXECUTED BY SOUTHWESTERN PAYROLL SERVICE, INC.. HIRE FLUX, LLC WAIVER SENT ON 12/20/2019, ANSWER DUE 2/18/2020. (KORNSTEIN, MICHAEL) (ENTERED: 12/20/2019)

(#17) TEXT ORDER: GRANTING #16 LETTER REQUEST. THE TIME FOR DEFENDANTS BOOM MEDIA LLC, DEBRA HENDERSON AND JOHN HENDERSON TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED TO 12/24/2019. SO ORDERED BY U.S. MAGISTRATE JUDGE ANDREW T. BAXTER ON 12/13/2019. (NMK) (ENTERED: 12/13/2019)

(#16) LETTER MOTION FROM TIMOTHY M. FRANK ATTORNEY FOR PLAINTIFFS AND JOHN HENDERSON DEFENDANT FOR DISH NETWORK L.L.C., NAGRASTAR LLC REQUESTING DEFENDANTS' EXTENSION OF TIME TO RESPOND TO COMPLAINT SUBMITTED TO JUDGE ANDREW T. BAXTER . (FRANK, TIMOTHY) (ENTERED: 12/12/2019)

(#16) CERTIFICATE OF SERVICE BY THE HARTFORD RE #14 RESPONSE IN OPPOSITION TO MOTION,, CLERK'S CORRECTION OF DOCKET ENTRY, (WAGNER, MARK) (ENTERED: 12/19/2019)

CLERK'S CORRECTION OF DOCKET ENTRY: PER ATTORNEY WAGNER'S REQUEST, EXHIBITS A AND B TO DOCKET #14 RESPONSE IN OPPOSITION TO MOTION HAVE BEEN REPLACED WITH THE CORRECTED EXHIBITS. COUNSEL ADVISES THAT HIS OFFICE HAS SERVED OPPOSING SIDE WITH COPIES OF THE CORRECTED EXHIBITS. (LMW) (ENTERED: 12/18/2019)

(#76) TEXT ORDER DENYING #75 PLAINTIFF'S LETTER-MOTION REQUESTING LEAVE TO WITHDRAW HIS APPEAL. BECAUSE PLAINTIFF'S APPEAL HAS ALREADY BEEN DOCKETED BY THE CIRCUIT CLERK (20-597), THE DISTRICT COURT NO LONGER HAS JURISDICTION TO DISMISS HIS APPEAL PURSUANT TO FED. R. APP. P. 42(A). PLAINTIFF IS RESPECTFULLY ADVISED TO RESUBMIT HIS MOTION TO THE COURT OF APPEALS. SO ORDERED BY CHIEF JUDGE GLENN T. SUDDABY ON 2/21/2020. (COPY SERVED UPON PLAINTIFF VIA REGULAR MAIL). (SAL ) (ENTERED: 02/21/2020)

(#75) LETTER MOTION FROM JEFFREY S. JACKSON, PRO SE REQUESTING TO WITHDRAW THE APPEAL SUBMITTED TO CHIEF JUDGE GLENN T. SUDDABY. (PJH) (ENTERED: 02/21/2020)

(#10) CERTIFICATE OF SERVICE BY ULTRA DAIRY LLC RE #1 COMPLAINT, #2 SUMMONS ISSUED (BEEBER, JESSIE) (ENTERED: 12/16/2019)

(#9) NOTICE OF APPEARANCE BY PATRICK J BOYLE ON BEHALF OF ULTRA DAIRY LLC (BOYLE, PATRICK) (ENTERED: 12/12/2019)

CLERK'S CORRECTION OF DOCKET ENTRY RE #80 NOTICE OF APPEARANCE: CLERK REMOVED "KELLY CRAWFORD" AND ADDED "MAHA KABBASH" WHICH IS THE CORRECT NAME THAT IS ON THIS DOCUMENT. (HMR) (ENTERED: 01/03/2020)

(#96) CERTIFICATE OF SERVICE BY CATHY BALURA, PETER BALURA RE #77 G.O. 25 FILING ORDER, PROOF OF SERVICE OF GENERAL ORDER #25 (PALMER, TRACIE) (ENTERED: 01/02/2020)