Northern District of New York Court Records

(#12) MEMORANDUM-DECISION AND ORDER: IT IS HEREBY ORDERED THAT DEFENDANT TIKTOK, INC.'S MOTION TO DISMISS (DKT. NO. #6 ) IS GRANTED. IT IS FURTHER ORDERED THAT THE COMPLAINT (DKT. NO. #1 ) IS DISMISSED WITHOUT PREJUDICE UNDER FED. R. CIV. P. 12(B)(1) FOR LACK OF SUBJECT MATTER JURISDICTION, WITH LEAVE TO FILE AN AMENDED COMPLAINT. IT IS FURTHER ORDERED THAT ANY AMENDED COMPLAINT MUST BE FILED WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. SIGNED BY CHIEF JUDGE BRENDA K. SANNES ON 4/26/2023. (NMK) (ENTERED: 04/26/2023)

(#11) REPLY TO RESPONSE TO MOTION RE #6 MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION , LACK OF PERSONAL JURISDICTION, AND FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STRIKE CLASS ALLEGATIONS FILED BY TIKTOK, INC.. MOTION RETURNABLE BEFORE JUDGE BRENDA K. SANNES FILED BY TIKTOK, INC.. (ATTACHMENTS: #1 CERTIFICATE OF SERVICE)(SCHNELLER, JONATHAN) (ENTERED: 02/22/2023)

(#37) MEMORANDUM-DECISION AND ORDER DENYING #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM/MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION: THE COURT HEREBY ORDERS DEFENDANT'S MOTION TO DISMISS (DKT. NO. 23-1) IS DENIED; AND THE COURT FURTHER ORDERS THAT THE CLERK OF THE COURT SHALL SERVE A COPY OF THIS MEMORANDUM-DECISION AND ORDER ON THE PARTIES IN ACCORDANCE WITH THE LOCAL RULES. SIGNED BY U.S. DISTRICT JUDGE MAE A. D'AGOSTINO ON 05/17/2023. (BAN) (ENTERED: 05/17/2023)

(#36) NOTICE BY JONATHAN PETROSINO OF SUPPLEMENTAL AUTHORITY RE: DEFENDANT'S MOTION TO DISMISS (ATTACHMENTS: #1 EXHIBIT(S) A - MINER-VARGAS V. WAL-MART)(KOPEL, YITZCHAK) (ENTERED: 03/27/2023)

(#4) TEXT ORDER GRANTING DIRECT ASSIGNMENT OF THIS ACTION TO DISTRICT JUDGE GLENN T. SUDDABY AND MAGISTRATE JUDGE CHRISTIAN F. HUMMEL. THIS CASE IS DEEMED RELATED TO 8:23-CV-452 (GTS/CFH). SO ORDERED BY U.S. DISTRICT JUDGE GLENN T. SUDDABY ON 5/22/2023. (SAL ) (ENTERED: 05/22/2023)

TEXT NOTICE PURSUANT TO GENERAL ORDER 12 OF POTENTIAL RELATED CASE(S), SUBMITTED TO DISTRICT JUDGE FOR REVIEW AND DETERMINATION. POTENTIAL RELATED CASES: 8:23-CV-452. (EGR) (ENTERED: 05/19/2023)

(#33) TEXT ORDER: THE RULE 16 INITIAL CONFERENCE IS SCHEDULED FOR 6/15/2023 AT 2:00 P.M. BEFORE MAGISTRATE JUDGE MIROSLAV LOVRIC, VIA TEAMS TELECONFERENCE. THE CIVIL CASE MANAGEMENT PLAN MUST BE FILED AND MANDATORY DISCLOSURES ARE TO BE EXCHANGED BY THE PARTIES ON OR BEFORE 6/8/2023. PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT. SO ORDERED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 5/17/2023. (JDP ) (ENTERED: 05/17/2023)

(#32) MEMORANDUM-DECISION AND ORDER. THE COURT HEREBY ORDERS THAT DEFENDANT'S MOTION TO DISMISS (DKT. NO. 17) IS GRANTED IN PART AND DENIED IN PART. THE COURT FURTHER ORDERS THAT DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION IS GRANTED AS IT PERTAINS TO PLAINTIFF SIT AND THE MISSOURI SUBCLASS AND PLAINTIFF DECOURSEY'S CLAIMS AS TO PURCHASES SHE MADE IN PENNSYLVANIA; AND IS DENIED AS IT PERTAINS TO THE NATIONWIDE CLASS. THE COURT FURTHER ORDERS THAT THE FOLLOWING CLAIMS ARE DISMISSED: (A) BREACH OF IMPLIED WARRANTY (COUNT I); (B) VIOLATION OF THE MISSOURI MERCHANDISING PRACTICES ACT (COUNT IV); (C) NEGLIGENCE - FAILURE TO WARN (COUNT V); AND (D) UNJUST ENRICHMENT (COUNT VI). THE COURT FURTHER ORDERS THAT THE FOLLOWING CLAIMS SURVIVE: (A) VIOLATION OF NEW YORK GENERAL BUSINESS LAW ("GBL") 349 (COUNT II); AND (B) VIOLATION OF GBL 350 (COUNT III). THE COURT FURTHER ORDERS THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' REQUEST FOR INJUNCTIVE RELIEF IS DENIED. THE COURT FURTHER ORDERS THAT THE CLERK SERVE A COPY OF THIS ORDER ON THE PARTIES IN ACCORDANCE WITH THE LOCAL RULES. SIGNED BY U.S. DISTRICT JUDGE ANNE M. NARDACCI ON 5/16/2023. (MAB) (ENTERED: 05/16/2023)

(#184) MOTION FOR AN ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVING NOTICE PROGRAM FILED BY DEANNA CAROLLO, DIANA J. OWENS. RESPONSE TO MOTION DUE BY 5/22/2023 (ATTACHMENTS: #1 MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, #2 DECLARATION OF JESSICA L. LUKASIEWICZ, #3 EXHIBIT(S) A, #4 DECLARATION OF SAMUEL J. BUFFONE, #5 PROPOSED ORDER/JUDGMENT) MOTIONS REFERRED TO THERESE WILEY DANCKS. (LUKASIEWICZ, JESSICA) (ENTERED: 05/01/2023)

(#183) ORDER ON STIPULATION RE #182 JOINT LETTER MOTION FROM JESSICA L. LUKASIEWICZ FOR DEANNA CAROLLO, DIANA J. OWENS REQUESTING EXTEND DEADLINE FOR SUBMISSION OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT SUBMITTED TO JUDGE HURD FILED BY DEANNA CAROLLO, DIANA J. OWENS. SIGNED BY JUDGE DAVID N. HURD ON 04/18/2023. (EGR) (ENTERED: 04/18/2023)

***ANSWER DUE DATE UPDATED FOR NUMRICH GUN PARTS CORPORATION ANSWER DUE 6/6/2023. (KHR) (ENTERED: 05/23/2023)

(#31) DECISION AND ORDER GRANTING IN PART AND DENYING IN PART #26 MOTION TO DISMISS: ORDERED THAT DEFENDANTS MOTION TO DISMISS IN GRANTED IN PART AND DENIED IN PART; PLAINTIFFS NEW YORK GENERAL BUSINESS LAW 349 CLAIM (COUNT IV) IS DISMISSED; PLAINTIFFS CLAIMS FOR NEGLIGENCE (COUNT I), BREACH OF IMPLIED CONTRACT (COUNT II), AND UNJUST ENRICHMENT (COUNT III) REMAIN; DEFENDANTS MOTION TO STRIKE UNDER RULE 12(F) IS DENIED; AND DEFENDANT SHALL FILE AND SERVE AN ANSWER TO THE SECOND AMENDED COMPLAINT ON OR BEFORE TUESDAY, JUNE 6, 2023. IT IS SO ORDERED. SIGNED BY JUDGE DAVID N. HURD ON 5/23/2023. (KHR) (ENTERED: 05/23/2023)

(#17) TEXT ORDER: THE RULE 16 INITIAL CONFERENCE IN THIS MATTER IS SET FOR MAY 11, 2022 AT 10:00 AM BEFORE THE UNDERSIGNED. COUNSEL ARE DIRECTED TO APPEAR IN PERSON AT THE JAMES T. FOLEY US COURTHOUSE, 445 BROADWAY, 4TH FLOOR, ROOM 409, ALBANY, NY ON THE SCHEDULED DATE AND TIME. COUNSEL ARE ALSO DIRECTED TO SUBMIT A PROPOSED CIVIL CASE MANAGEMENT PLAN AND EXCHANGE MANDATORY DISCLOSURES ON OR BEFORE MAY 4, 2022. PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT. SO ORDERED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 4/12/2022. (MAB) (ENTERED: 04/12/2022)

TEXT NOTICE OF FILING DEFICIENCY REGARDING THE #16 NOTICE OF APPEARANCE NOTICE IS HEREBY GIVEN OF THE FOLLOWING FILING DEFICIENCY: ATTORNEY ADDRESS, PHONE NUMBER AND/OR EMAIL ADDRESS CONTAINED IN THE DOCUMENT DOES NOT MATCH THE NYND ATTORNEY ADMISSION RECORDS. COUNSEL IS DIRECTED TO UPDATE THEIR INFORMATION IN PACER WITHIN 3 DAYS FROM THIS NOTICE. NOTICE OF FILING DEFICIENCY DEADLINE 3/11/2022 (PJH, ) (ENTERED: 03/08/2022)

(#49) ELECTRONIC NOTICE AND CERTIFICATION SENT TO US COURT OF APPEALS REGARDING THE #48 NOTICE OF APPEAL. (PJH, ) (ENTERED: 06/24/2022)

(#48) NOTICE OF APPEAL AS TO #47 JUDGMENT, #46 ORDER ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM,,, ORDER ON MOTION FOR PRELIMINARY INJUNCTION,, BY BERETTA U.S.A. CORP., CENTRAL TEXAS GUN WORKS, DAVIDSON'S, INC., GLOCK INC., HORNADY MANUFACTURING COMPANY, LIPSEY'S, LLC, NATIONAL SHOOTING SPORTS FOUNDATION, INC., OSAGE COUNTY GUNS LLC, RSR GROUP, INC., SHEDHORN SPORTS, INC., SIG SAUER, INC., SMITH & WESSON INC., SPORTS SOUTH LLC, SPRAGUE'S SPORTS INC., STURM, RUGER & COMPANY, INC.. FILING FEE $ 505, RECEIPT NUMBER ANYNDC-5946923. (CHESIN, SCOTT) (ENTERED: 06/24/2022)

(#15) TEXT ORDER: GRANTING #14 LETTER REQUEST FOR AN EXTENSION OF THE DEADLINES RELATED TO THE #13 MOTION TO DISMISS. PLAINTIFF'S RESPONSE IS DUE BY 5/9/2022. DEFENDANT'S REPLY IS DUE BY 5/23/2022. SO ORDERED BY JUDGE BRENDA K. SANNES ON 4/8/2022. (NMK) (ENTERED: 04/08/2022)

(#14) JOINT LETTER MOTION FROM ADAM R. SHAW FOR ELIZABETH S. BERARDI REQUESTING A REVISED BRIEFING SCHEDULE ON THE MOTION TO DISMISS SUBMITTED TO JUDGE SANNES . (SHAW, ADAM) (ENTERED: 04/08/2022)

(#12) STIPULATION AND ORDER STAYING CASE PENDING RESOLUTION OF CENTRALIZATION PROCEEDINGS BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION. THE PARTIES ARE DIRECTED TO FILE A STATUS REPORT ON OR BEFORE 12/15/2022. SIGNED BY U.S. DISTRICT JUDGE GLENN T. SUDDABY ON 10/21/2022. (SAL ) (ENTERED: 10/21/2022)

(#11) STIPULATION TO STAY CASE PENDING RESOLUTION OF JPML PROCEEDINGS BY RICHARD TOPA SUBMITTED TO JUDGE HON. GLENN T. SUDDABY. (MCBRIDE, KATHERINE) (ENTERED: 10/20/2022)

(#16) TEXT ORDER: ON OCTOBER 4, 2022, DEFENDANTS ADVISED THE COURT THAT THEY HAVE CONFERRED WITH PLAINTIFF AND ALL PARTIES ARE IN AGREEMENT THAT THEY WOULD LIKE AN OPPORTUNITY TO ENGAGE IN DISCUSSIONS TO RESOLVE THIS MATTER. DKT. NO. #15 . IN LIGHT OF THIS AGREEMENT, THE PARTIES REQUEST THAT DEFENDANTS' TIME TO FILE A RESPONSE TO THE COMPLAINT BE STAYED PENDING SUCH DISCUSSIONS. THE REQUEST TO STAY THE DEADLINE WITHOUT DATE IS DENIED, HOWEVER, THE COURT GRANTS DEFENDANTS A NINETY (90) DAY EXTENSION IN WHICH TO RESPOND TO PLAINTIFF'S COMPLAINT. DEFENDANTS SHALL FILE THEIR RESPONSE OR ADVISE THE COURT AS TO THE STATUS OF THE DISCUSSIONS TO REACH A RESOLUTION BY JANUARY 17, 2023. SO ORDERED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 10/7/2022. (MAB) (ENTERED: 10/07/2022)

(#15) STIPULATION BY NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES SUBMITTED TO JUDGE STEWART. (FELDMAN, BRUCE) (ENTERED: 10/04/2022)

(#9) ANSWER TO #8 ANSWER TO COMPLAINT, COUNTERCLAIM BY UNEQUAL TECHNOLOGIES COMPANY.(MCDONALD, MATTHEW) (ENTERED: 04/12/2023)

***ANSWER DUE DATE UPDATED FOR COUNTERCLAIM. UNEQUAL TECHNOLOGIES COMPANY ANSWER DUE 4/12/2023. (ZTC) (ENTERED: 03/23/2023)

(#8) TEXT ORDER GRANTING DIRECT ASSIGNMENT OF THIS CASE TO CHIEF DISTRICT JUDGE BRENDA K. SANNES AND MAGISTRATE JUDGE THERESE WILEY DANCKS. THIS CASE IS DEEMED RELATED TO RENSSELAER POLYTECHNIC INSTITUTE ET AL. V. AMAZON.COM, INC., 1:18-CV-549 (BKS/TWD). SO ORDERED BY CHIEF JUDGE BRENDA K. SANNES ON 2/23/2023. (SAL) (ENTERED: 02/23/2023)

TEXT NOTICE PURSUANT TO GENERAL ORDER 12 OF POTENTIAL RELATED CASE(S), SUBMITTED TO DISTRICT JUDGE FOR REVIEW AND DETERMINATION. POTENTIAL RELATED CASES: 1:18-CV-549. (KHR) (ENTERED: 02/22/2023)

(#6) TEXT ORDER: THE ANSWER DUE DATE IN THIS CASE IS STAYED PENDING A STATUS CONFERENCE. A STATUS CONFERENCE HAS BEEN SET FOR 2/27/2023 @ 10:30 AM IN ALBANY. AUTHORIZED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 12/29/2022. (TAB) (ENTERED: 12/29/2022)

(#5) NOTICE OF APPEARANCE BY ZACHARY RANDALL ON BEHALF OF TONY GENTRY, ABDULLAH MCPHERSON, JOSEPH SHERMAN, SHAKEEM TAYLOR (RANDALL, ZACHARY) (ENTERED: 11/18/2022)

(#17) JUDGMENT IN FAVOR OF CAROLYN COLVIN AGAINST CARRIE BANKS. (JEL, ) (ENTERED: 08/16/2013)

(#16) MEMORANDUM-DECISION AND ORDER - THAT THE DECISION OF THE COMMISSIONER IS AFFIRMED AND BANK'S COMPLAINT (DKT. NO. 1) IS DISMISSED. SIGNED BY CHIEF JUDGE GARY L. SHARPE ON 8/16/2013. (JEL, ) (ENTERED: 08/16/2013)

(#5) PRO SE HANDBOOK AND NOTICE ISSUED AND EXPLAINED TO DAISHAWN-LAVON MILLER EX AT TIME COMPLAINT WAS FILED. (JDP ) (ENTERED: 07/15/2022)

(#4) PRO SE HANDBOOK, LOCAL RULES AND NOTICE MAILED TO DAISHAWN-LAVON MILLER EX AT TIME COMPLAINT WAS FILED (GMD, ) (ENTERED: 06/28/2022)

(#3) SUMMONS ISSUED AS TO TINA ALBERICI-JEROME, J. ALBERICI & SONS, INC. AND TOCCO VILLAGGIO, LLC. (ATTACHMENTS: #1 SUMMONS ISSUED AS TO J. ALBERICI & SONS, INC., #2 SUMMONS ISSUED AS TO TINA ALBERICI-JEROME) (DPK) (ENTERED: 03/01/2019)

(#2) G.O. 25 FILING ORDER ISSUED: INITIAL CONFERENCE SET FOR 5/30/2019 AT 10:00 AM BEFORE US MAGISTRATE JUDGE ANDREW T. BAXTER. ALL CONFERENCES WILL BE CONDUCTED BY TELEPHONE UNLESS THE PARTIES ARE SPECIFICALLY DIRECTED TO APPEAR. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO COORDINATE THE INITIAL CONFERENCE CALL. ONCE ALL PARTIES ARE ON THE CONFERENCE LINE, JUDGE BAXTER'S CHAMBERS CAN BE REACHED AT 315-234-8600. CIVIL CASE MANAGEMENT PLAN MUST BE FILED AND MANDATORY DISCLOSURES ARE TO BE EXCHANGED BY THE PARTIES ON OR BEFORE 5/23/2019. (PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT.) (DPK) (ENTERED: 03/01/2019)

(#65) FIRST MOTION FOR JUDGMENT ON THE PLEADINGS MOTION HEARING SET FOR 5/9/2016 10:00 AM IN ALBANY BEFORE SENIOR JUDGE THOMAS J. MCAVOY RESPONSE TO MOTION DUE BY 4/22/2016 REPLY TO RESPONSE TO MOTION DUE BY 4/28/2016. FILED BY DESIGN LOGIC ARCHITECTS, PC. (ATTACHMENTS: # 1 AFFIDAVIT, # 2 AFFIDAVIT) (SHAW, JASON) (ENTERED: 04/27/2016)

(#64) NOTICE OF APPEARANCE BY ADAM M. ELEWA ON BEHALF OF ALL PLAINTIFFS (ELEWA, ADAM) (ENTERED: 04/25/2016)

(#11) ELECTRONIC NOTICE AND CERTIFICATION SENT TO US COURT OF APPEALS RE #10 NOTICE OF APPEAL (JEL, ) (ENTERED: 09/09/2020)

(#10) NOTICE OF APPEAL AS TO #9 JUDGMENT, #8 ORDER ON REPORT AND RECOMMENDATIONS, BY LESLIE BARNAVE. FILING FEE $ 505, RECEIPT NUMBER ALB011854. (ATTACHMENTS: #1 APPEAL FORM D-P)(JEL, ) (ENTERED: 09/09/2020)

(#6) AFFIDAVIT OF SERVICE FOR NOTICE OF LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS, WITH COPY OF COMPLAINT SERVED ON DONALD G.UHLER, DARREN PILON, DENISE E. SAUTHER, RANDAL J. SMITH, THOMAS F. QUINN, BRUCE A. TRUAX, CRAIG S. ROWE, AUSTIN A. HELMS, CHARLES E. CORYEA, DUSTIN J. HOLLENBECK, PAUL L. FLETCHER, MATTHEW B. WELCH ON 3/20/19, FILED BY REGGIE CASWELL. (HURST, WILLIAM) (ENTERED: 03/27/2019)

CLERK'S CORRECTION OF DOCKET ENTRY: THE DOCUMENT AT DKT. #3 WAS REPLACED DUE TO CLERK'S SIGNATURE MISSING. (RAR, ) (ENTERED: 02/06/2019)

(#16) PRO SE HANDBOOK AND NOTICE MAILED TO MARY A. OSGOOD ON 9/14/2022 WITH INSTRUCTIONS TO READ, SIGN, AND RETURN THE DOCUMENT ENTITLED "NOTICE" FOR FILING. REMAINING ENCLOSURES ARE THEIRS TO KEEP. (SEE) (ENTERED: 09/14/2022)

***ANSWER DUE DATES TERMINATED FOR DEFENDANT ROBERT V. CASE; DEFENDANT MARY A. OSGOOD; AND DEFENDANT PETER REILE. (MAP) (ENTERED: 09/13/2022)

(#5) MAIL RETURNED AS UNDELIVERABLE. DKT. NO. #4 ORDER TRANSFERRING CASE WAS SENT TO JOHNSON AT 112 COURT STREET, APT #2, WATERTOWN NY (NAS, ) (ENTERED: 06/14/2022)

CASE TRANSFERRED FROM NEW YORK NORTHERN HAS BEEN OPENED IN NORTHERN DISTRICT OF OHIO AS CASE 1:22-CV-00910, FILED 05/31/2022. (NAS, ) (ENTERED: 05/31/2022)

(#3) G.O. 25 FILING ORDER ISSUED: INITIAL CONFERENCE SET FOR 5/21/2019 09:30 AM IN ALBANY BEFORE MAGISTRATE JUDGE DANIEL J. STEWART. CIVIL CASE MANAGEMENT PLAN MUST BE FILED AND MANDATORY DISCLOSURES ARE TO BE EXCHANGED BY THE PARTIES ON OR BEFORE 5/14/2019. (PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT.) (MGH) (ENTERED: 02/19/2019)

(#2) SUMMONS ISSUED AS TO 3M COMPANY, E.I. DUPONT DE NEMOURS AND COMPANY, HONEYWELL INTERNATIONAL, INC., SAINT-GOBAIN CORPORATION, SAINT-GOBAIN PERFORMANCE PLASTICS CORPORATION, THE CHEMOURS COMPANY. (ATTACHMENTS: #1 SUMMONS ISSUED AS TO SAINT-GOBAIN CORP., #2 SUMMONS ISSUED AS TO HONEYWELL INTERNATIONAL, #3 SUMMONS ISSUED AS TO 3M, #4 SUMMONS ISSUED AS TO E.I. DUPONT DE NEMOURS & COMPANY, #5 SUMMONS ISSUED AS TO CHEMOURS COMPANY)(MGH) (ENTERED: 02/19/2019)

(#15) NOTICE OF APPEARANCE BY JOHN P FILIPPIS ON BEHALF OF ZURICH AMERICAN INSURANCE COMPANY (FILIPPIS, JOHN) (ENTERED: 07/12/2019)

(#14) NOTICE BY LIBERTY MUTUAL FIRE INSURANCE COMPANY RE #13 ANSWER TO COMPLAINT (REJECTING AS UNTIMELY) (POTASHNER, MARSHALL) (ENTERED: 07/11/2019)

DOCKET ANNOTATION: CASE 3:19-CV-1372 WILL BE THE LEAD CASE AND ALL FURTHER DOCKETING SHALL BE DONE IN THE LEAD CASE ONLY. (JDP ) (ENTERED: 04/23/2020)

(#61) TEXT ORDER: DEEMING THIS CASE RELATED TO BALURA ET AL. V. ETHICON INC., ET AL., CIVIL ACTION NO. 3:19-CV-1372 (LEK/ML) UNDER SECTION G.2. OF GENERAL ORDER 12, BECAUSE THERE EXISTS A SIMILARITY OF FACTS AND LEGAL ISSUES BETWEEN THE TWO CASES THAT WILL LIKELY RESULT IN A SUBSTANTIAL SAVING OF JUDICIAL RESOURCES. ADDITIONALLY, ACTIONS INVOLVING COMMON QUESTIONS OF LAW OR FACT PENDING BEFORE A COURT MAY BE CONSOLIDATED TO AVOID UNNECESSARY COSTS OR DELAY PURSUANT TO FED. R. CIV. P., RULE 42(A). AS A RESULT, THE COURT FINDS THAT CONSOLIDATION IS APPROPRIATE; CIVIL ACTION NO. 3:19-CV-1372 (LEK/ML) SHALL BE DEEMED THE "LEAD CASE" AND THIS CASE SHALL BE DEEMED A "MEMBER CASE." ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, 3:19-CV-1372 (LEK/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THIS ACTION. SO ORDERED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 4/23/2020.(JDP) (ENTERED: 04/23/2020)

(#12) TEXT ORDER ACKNOWLEDGING #11 NOTICE OF SETTLEMENT FILED BY MARIA GOYER. DEFENDANT EQUIFAX INFORMATION SERVICES, LLC IS EXCUSED FROM ALL FUTURE APPEARANCES AND DEADLINES UNTIL THIS MATTER IS DISMISSED. AUTHORIZED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 6/6/2022. (TAB) (ENTERED: 06/06/2022)

(#11) NOTICE OF SETTLEMENT BY MARIA GOYER (GRECO, LOUIS) (ENTERED: 06/01/2022)

NOTIFICATION TO SUPERINTENDENT OF FILING - PROVIDED SUPERINTENDENT AT WENDE CORRECTIONAL FACILITY WITH NOTICE OF INSTANT ACTION AND A COPY OF PLAINTIFF'S #3 INMATE AUTHORIZATION FORM. USDC/NYND FINANCE DEPT NOTIFIED. (NAS, ) (ENTERED: 12/23/2019)

(#8) DECISION AND ORDER: ORDERED THAT #5 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. ORDERED THAT IF PLAINTIFF WISHES TO PROCEED WITH THIS ACTION, HE MUST FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FILING OF THIS DECISION AND ORDER. ORDERED THAT IF PLAINTIFF TIMELY FILES AN AMENDED COMPLAINT, THIS MATTER BE RETURNED TO THE COURT FOR FURTHER REVIEW. ORDERED THAT IF PLAINTIFF FAILS TO TIMELY FILE AN AMENDED COMPLAINT AS DIRECTED, THE CLERK SHALL ENTER JUDGMENT INDICATING THAT THIS ACTION IS DISMISSED WITHOUT PREJUDICE WITHOUT FURTHER ORDER OF THIS COURT PURSUANT TO 28 U.S.C. 1915(E)(2)(B) AND 28 U.S.C. 1915A(B)(1) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED AND FOR FAILURE TO COMPLY WITH THIS DECISION AND ORDER. IN THAT EVENT, THE CLERK IS DIRECTED TO CLOSE THIS CASE. SIGNED BY U.S. DISTRICT JUDGE MAE A. D'AGOSTINO ON 12/23/19. {ORDER SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS ) (ENTERED: 12/23/2019)

(#26) ANSWER TO #1 COMPLAINT , COUNTERCLAIM AGAINST NOVO NORDISK INC. BY JAMES VINCENT STEPHENS.(BUTLER, BRIAN) (ENTERED: 10/31/2019)

(#25) TEXT ORDER: APPROVING THE #24 STIPULATION. THE TIME FOR DEFENDANT BIOMARIN PHARMACEUTICAL INC. TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED TO 11/22/2019. SO ORDERED BY U.S. MAGISTRATE JUDGE ANDREW T. BAXTER ON 10/30/2019. (NMK) (ENTERED: 10/30/2019)

(#5) WAIVER OF SERVICE RETURNED EXECUTED BY IN THE MATTER OF THE ARBITRATION BETWEEN FLUOR MARINE PROPULSION, LLC. (POLSINELLI, VINCENT) (ENTERED: 01/27/2020)

(#4) TEXT ORDER REASSIGNING CASE. UPON REVIEW OF THIS CASE, IT WAS DETERMINED THAT THIS CASE IS DIRECTLY RELATED TO CASE 1:19-CV-1605 (GTS). IN ACCORDANCE WITH THE COURT'S RELATED CASE POLICY (SEE GENERAL ORDER 12) AND IN THE INTEREST OF JUDICIAL ECONOMY, THE COURT SUA SPONTE DIRECTS THE CLERK TO REASSIGN THIS CASE TO CHIEF JUDGE GLENN T. SUDDABY FOR ALL FURTHER PROCEEDINGS. U.S. DISTRICT JUDGE MAE A. D'AGOSTINO NO LONGER ASSIGNED TO CASE. SO ORDERED BY CHIEF JUDGE GLENN T. SUDDABY ON 1/3/2020. (SAL ) (ENTERED: 01/03/2020)

(#10) TEXT ORDER: GRANTING #9 LETTER MOTION. PLAINTIFF IS DIRECTED TO FILE A STATUS REPORT BY 9/6/2019 AS TO THE STATUS OF THIS ACTION. THE RULE 16 CONFERENCE SET FOR 9/3/2019 AND 8/27/2019 DEADLINE FOR THE SUBMISSION OF A JOINT CIVIL CASE MANAGEMENT PLAN AND EXCHANGE OF MANDATORY DISCLOSURES ARE ADJOURNED WITHOUT DATE. THE HEARING AND RELATED DEADLINES WILL BE RESET AT A LATER DATE. SO ORDERED BY U.S. MAGISTRATE JUDGE ANDREW T. BAXTER ON 7/10/2019. (NMK) (ENTERED: 07/10/2019)

(#9) LETTER MOTION FROM JULIE NOCIOLO, ESQ. FOR ARMANDO J. SANCHEZ, JR REQUESTING EXTENSION TO FILE STATUS REPORT SUBMITTED TO JUDGE ANDREW T. BAXTER . (NOCIOLO, JULIE) (ENTERED: 07/10/2019)

(#3) PRO SE HANDBOOK AND NOTICE MAILED TO PLTF ON 2/16/2018 BY REGULAR MAIL. (SEE) (ENTERED: 02/16/2018)

(#2) MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY GLORIA RAVEN. MOTIONS REFERRED TO DAVID E. PEEBLES. (SEE) (ENTERED: 02/16/2018)

***ANSWER DUE DATE UPDATED FOR CATHERINE DEWOLFF ANSWER DUE 2/10/2020; TOWN OF ESSEX ANSWER DUE 2/10/2020; TOWN OF ESSEX PLANNING BOARD ANSWER DUE 2/10/2020; JIM VANHOVEN ANSWER DUE 2/10/2020. (MGH) (ENTERED: 02/05/2020)

(#3) G.O. 25 FILING ORDER ISSUED: INITIAL CONFERENCE SET FOR 3/6/2020 10:30 AM IN ALBANY BEFORE MAGISTRATE JUDGE DANIEL J. STEWART. CIVIL CASE MANAGEMENT PLAN MUST BE FILED AND MANDATORY DISCLOSURES ARE TO BE EXCHANGED BY THE PARTIES ON OR BEFORE 2/28/2020. (PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT.) (MGH) (ENTERED: 02/05/2020)

(#8) ANSWER TO #1 COMPLAINT,, BY NY STATE TROOPER THERESA DILUVIO.(WHITE, DAVID) (ENTERED: 02/08/2022)

(#7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY NY STATE TROOPER THERESA DILUVIO, NEW YORK STATE POLICE. MOTION RETURNABLE BEFORE JUDGE HUMMEL RESPONSE TO MOTION DUE BY 3/1/2022. REPLY TO RESPONSE TO MOTION DUE BY 3/8/2022 (ATTACHMENTS: #1 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS) (WHITE, DAVID) (ENTERED: 02/08/2022)

(#78) ORDER DISMISSING CASE: APPROVING THE STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(II). THIS ACTION IS HEREBY DISMISSED WITH PREJUDICE, WITH EACH PARTY TO BEAR ITS OWN LITIGATION COSTS, ATTORNEYS' FEES AND OTHER EXPENSES ARISING FROM OR RELATED TO THIS ACTION. SIGNED BY CHIEF JUDGE GARY L. SHARPE ON 7/8/2015. (JMB) (ENTERED: 07/08/2015)

(#77) STIPULATION OF DISMISSAL BY PPC BROADBAND, INC. SUBMITTED TO JUDGE SHARPE. (COOK, JOHN) (ENTERED: 07/06/2015)

(#7) DECISION & ORDER: GRANTING THE #2 AND #6 MOTIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS. IT IS ORDERED, THAT THE CLERK IS DIRECTED TO MAIL A FORM-COMPLAINT FOR A TITLE VII ACTION TO THE PLAINTIFF SO THAT PLAINTIFF WILL KNOW THE INFORMATION THAT IS REQUIRED FOR SUCH A CLAIM, AND IT IS ORDERED, THAT PLAINTIFF SHALL HAVE FORTY-FIVE (45) DAYS FROM THE DATE OF THIS ORDER TO AMEND HER COMPLAINT (OR TO REQUEST AN EXTENSION OF TIME TO DO SO), AND IT IS ORDERED, THAT WHEN PLAINTIFF FILES HER AMENDED COMPLAINT OR UPON THE EXPIRATION OF PLAINTIFFS TIME TO DO SO THE CLERK SHALL SEND THIS CASE BACK TO MAGISTRATE JUDGE BAXTER FOR FURTHER REVIEW AND IT IS FURTHER ORDERED, THAT IF PLAINTIFF WISHES ASSISTANCE WITH HER AMENDMENT, SHE MAY CONTACT THE NDNY/FCBA PRO SE ASSISTANCE PROGRAM9 AT (315) 422-2711 OR TOLL FREE 1-877-422-1011, AND IT IS ORDERED, THAT THE CLERK SERVE A COPY OF THIS ORDER UPON PLAINTIFF IN ACCORDANCE WITH THE LOCAL RULES. SIGNED BY US MAGISTRATE JUDGE ANDREW T. BAXTER ON 7/22/2020. (ATTACHMENTS: #1 BLANK TITLE VII COMPLAINT FORM) (COPY SERVED VIA REGULAR MAIL UPON THE PRO SE PLAINTIFF) (JMB) (ENTERED: 07/22/2020)

(#6) SUPPLEMENTAL MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY TACHEENA T. MORGAN, PRO SE. MOTIONS REFERRED TO JUDGE ANDREW T. BAXTER. (PJH, ) (ENTERED: 07/15/2020)

(#8) NOTICE OF APPEARANCE BY MARGARET A. CIEPRISZ ON BEHALF OF SUPERINTENDENT (CIEPRISZ, MARGARET) (ENTERED: 06/20/2019)

(#7) TEXT ORDER: GIVEN PETITIONER'S RECENT SUBMISSION, DKT. NO. 6, THE COURT IS NOW PRESENTLY AWARE OF THE TYPOGRAPHICAL ERROR REGARDING THE FILING DATE OF PETITIONER'S 440 MOTION, DKT. NO. 5. AT 2. NO FURTHER ACTION IS REQUIRED. PETITIONER ALSO NEED NOT FILE ANY CASE LAW IN SUPPORT OF THE PETITION. PETITIONER IS REMINDED THAT HE MAY, THOUGH IS NOT REQUIRED TO, FILE A REPLY AFTER RESPONDENT SUBMITS AN ANSWER. AUTHORIZED BY SENIOR JUDGE GARY L. SHARPE ON 5/28/19. {TEXT ORDER SERVED VIA REGULAR MAIL ON PETITIONER}(NAS) (ENTERED: 05/28/2019)

(#8) DECISION AND ORDER: ORDERED THAT PLAINTIFF'S IFP APPLICATION (DKT. NO. #6 ) IS DENIED AS INCOMPLETE. ORDERED THAT PLAINTIFF MUST, WITHIN THIRTY (30) DAYS OF THE FILING DATE OF THIS DECISION AND ORDER, EITHER (1) PAY THE $402.00 FILING FEE IN FULL, OR (2) SUBMIT AN IFP APPLICATION WHICH HAS BEEN COMPLETED AND SIGNED BY HIM AND WHICH HAS BEEN CERTIFIED BY AN APPROPRIATE OFFICIAL AT HIS FACILITY AND PROVIDE THE CLERK. ORDERED THAT IN THE EVENT PLAINTIFF FAILS TO TIMELY COMPLY WITH THE FILING FEE REQUIREMENTS SET FORTH IN THIS DECISION AND ORDER, THIS ACTION WILL BE DISMISSED WITHOUT PREJUDICE WITHOUT FURTHER ORDER OF THIS COURT. ORDERED THAT UPON PLAINTIFF'S COMPLIANCE WITH THIS DECISION AND ORDER, THE FILE SHALL BE RETURNED TO THE COURT FOR FURTHER REVIEW. ORDERED THAT THE CLERK SHALL SERVE A COPY OF THIS DECISION AND ORDER ON PLAINTIFF. THE CLERK IS DIRECTED TO SEND PLAINTIFF TWO BLANK IFP APPLICATIONS; AND SHALL ALSO SEND PLAINTIFF A SECOND COPY OF THIS DECISION AND ORDER, WHICH PLAINTIFF MAY PROVIDE TO THE INMATE ACCOUNTS OFFICE AT HIS FACILITY ALONG WITH HIS REQUEST FOR CERTIFICATION OF HIS COMPLETED AND SIGNED IFP APPLICATION (AND/OR CERTIFIED COPIES OF HIS INMATE ACCOUNT STATEMENTS). SIGNED BY SENIOR JUDGE THOMAS J. MCAVOY ON OCTOBER 24, 2022. {SERVED AS DIRECTED}(NAS) (ENTERED: 10/24/2022)

(#7) TEXT ORDER REOPENING CASE: THIS ACTION WAS ADMINISTRATIVELY CLOSED DUE TO PLAINTIFF'S FAILURE TO COMPLY WITH THE FILING FEE REQUIREMENTS, AND PLAINTIFF WAS DIRECTED TO RESPOND TO THE ORDER IF S/HE WISHED TO PURSUE THIS ACTION. PLAINTIFF HAS NOW RESPONDED. THE CLERK IS DIRECTED TO REOPEN THIS ACTION AND RESTORE IT TO THE COURT'S ACTIVE DOCKET. AUTHORIZED BY SENIOR JUDGE THOMAS J. MCAVOY ON SEPTEMBER 28, 2022. {TEXT ORDER SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS) (ENTERED: 09/28/2022)

(#3) G.O. 25 FILING ORDER ISSUED: INITIAL RULE 16 TELEPHONE CONFERENCE SET FOR 6/25/2018 AT 11:00 AM BEFORE MAGISTRATE JUDGE THERESE WILEY DANCKS. CIVIL CASE MANAGEMENT PLAN MUST BE FILED AND MANDATORY DISCLOSURES ARE TO BE EXCHANGED BY THE PARTIES ON OR BEFORE 6/18/2018. (PURSUANT TO LOCAL RULE 26.2, MANDATORY DISCLOSURES ARE TO BE EXCHANGED AMONG THE PARTIES BUT ARE NOT TO BE FILED WITH THE COURT.) (MC) (ENTERED: 03/27/2018)

(#2) SUMMONS ISSUED AS TO BABCOCK UTILITIES, INC. (ATTACHMENTS: #1 SUMMONS ISSUED AS TO JOEL I. BABCOCK, #2 SUMMONS ISSUED AS TO BART BABCOCK, #3 SUMMONS ISSUED AS TO BRETT BABCOCK)(MC) (ENTERED: 03/27/2018)

(#5) REPORT AND RECOMMENDATIONS RE #3 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY LEONARD EUGENE WEATHER. ORDERED, THAT PLAINTIFFS MOTION TO PROCEED IFP (DKT. NO. 3) BE GRANTED FOR PURPOSES OF FILING ONLY, AND IT IS RECOMMENDED, THAT THE COMPLAINT BE DISMISSED WITH PREJUDICE BASED ON RES JUDICATA AND STATUTE OF LIMITATIONS GROUNDS. OBJECTIONS TO R&R DUE BY 2/10/2020 CASE REVIEW DEADLINE 2/12/2020. SIGNED BY US MAGISTRATE JUDGE ANDREW T. BAXTER ON 1/22/2020. (COPY SERVED VIA REGULAR MAIL)(KHR) (ENTERED: 01/22/2020)

(#4) TEXT ORDER REOPENING CASE: THIS ACTION WAS ADMINISTRATIVELY CLOSED DUE TO PLAINTIFF'S FAILURE TO COMPLY WITH THE FILING FEE REQUIREMENTS, AND PLAINTIFF WAS DIRECTED TO RESPOND TO THE ORDER IF HE WISHED TO PURSUE THIS ACTION. (DKT. NO. 2.) PLAINTIFF HAS NOW RESPONDED. (DKT. NO. 3.) THE CLERK IS DIRECTED TO REOPEN THIS ACTION AND RESTORE IT TO THE COURT'S ACTIVE DOCKET. IT IS SO ORDERED. ISSUED BY SENIOR JUDGE GARY L. SHARPE ON JANUARY 14, 2020. (COPY SERVED VIA REGULAR MAIL)(JEL, ) (ENTERED: 01/14/2020)

NOTIFICATION TO SUPERINTENDENT OF FILING - PROVIDED SUPERINTENDENT AT BARE HILL CORRECTIONAL FACILITY WITH NOTICE OF INSTANT ACTION AND A COPY OF PLAINTIFF'S #4 INMATE AUTHORIZATION FORM. USDC/NYND FINANCE DEPT NOTIFIED. (RAR, ) (ENTERED: 04/11/2019)

(#6) DECISION AND ORDER: ORDERED THAT #2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. ORDERED THAT, IF PLAINTIFF WISHES TO PROCEED WITH THIS ACTION, HE MUST, WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FILING OF THIS DECISION AND ORDER, FILE AN AMENDED COMPLAINT CORRECTING THE PLEADING DEFECTS IDENTIFIED IN THIS DECISION AND ORDER. ORDERED THAT, IF PLAINTIFF TIMELY FILES AN AMENDED COMPLAINT, THIS MATTER BE RETURNED TO THE COURT FOR FURTHER REVIEW. ORDERED THAT, IF PLAINTIFF FAILS TO TIMELY FILE AN AMENDED COMPLAINT CORRECTING THE PLEADING DEFECTS IDENTIFIED IN THIS DECISION AND ORDER, THIS ACTION SHALL BE DISMISSED WITH PREJUDICE (EXCEPT TO THE EXTENT HIS CLAIMS SEEK HIS RELEASE, IN WHICH CASE THE CLAIMS ARE DISMISSED WITHOUT PREJUDICE) WITHOUT FURTHER ORDER OF THIS COURT PURSUANT TO 28 U.S.C. 1915(E)(2)(B) AND 28 U.S.C. 1915A(B)(1) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. IN THAT EVENT, THE CLERK IS DIRECTED TO CLOSE THIS CASE. SIGNED BY CHIEF JUDGE GLENN T. SUDDABY ON 4/11/19. {ORDER AND COPY OF COMPLAINT SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS, ) (ENTERED: 04/11/2019)

CASE TRANSFERRED FROM NEW YORK NORTHERN HAS BEEN OPENED IN SOUTHERN DISTRICT OF NEW YORK AS CASE 1:19-CV-10296, FILED 11/06/2019. (AMT) (ENTERED: 11/06/2019)

CASE TRANSFERRED ELECTRONICALLY TO SOUTHERN DISTRICT OF NEW YORK PURSUANT TO ORDER OF TRANSFER DATED 10/31/2019. (KHR) (ENTERED: 11/01/2019)

CLERK'S CORRECTION OF DOCKET ENTRY RE #11 NOTICE OF APPEARANCE: CLERK ADDED "AMENDED" TO THIS DOCKET ENTRY. (HMR) (ENTERED: 01/09/2020)

(#13) ORDER REFERRING CASE TO MANDATORY MEDIATION. DEADLINE FOR MEDIATOR SELECTION IS 2/5/2020. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 6/1/2020.. SIGNED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 1/8/2020. (JDP ) (ENTERED: 01/13/2020)

(#26) TEXT ORDER: COURT HAS REVIEWED DOCKET. THE 5/11/2020 TELEPHONE RULE 16 INITIAL CONFERENCE AND ASSOCIATED DEADLINES ARE ADJOURNED AT THIS TIME WITHOUT NEW DATE. DEFENDANT COUNSEL TO FILE STATUS REPORT ON THE BANKRUPTCY BY 5/26/2020. SO ORDERED MAGISTRATE JUDGE THERESE WILEY DANCKS ON 4/9/2020. (SG ) (ENTERED: 04/09/2020)

(#25) NOTICE OF APPEARANCE BY PAUL E. DAVENPORT ON BEHALF OF DAVID A. DECLUE (DAVENPORT, PAUL) (ENTERED: 04/09/2020)

(#18) MOTION TO REMAND TO STATE COURT FOR LACK OF SUBJECT MATTER JURISDICTION FILED BY BOUNNAM PHIMASONE, DALILA YEEND. (ATTACHMENTS: #1 DECLARATION, #2 MEMORANDUM OF LAW, #3 EXHIBIT(S) A - DEFENDANT'S INITIAL DISCLOSURES, #4 EXHIBIT(S) B - COURTESY COPY OF UNREPORTED CASE) (HUSSAIN, MAUREEN) (ENTERED: 11/30/2020)

(#17) TEXT ORDER RE #15 MOTION TO STRIKE CERTAIN AFFIRMATIVE DEFENSES FILED BY DALILA YEEND, BOUNNAM PHIMASONE. THIS MOTION WILL BE HELD IN ABEYANCE, PENDING RESOLUTION OF THE ANTICIPATED MOTION TO REMAND. THE INITIAL CONFERENCE SCHEDULED FOR 11/20/2020 @ 10:00 AM BEFORE THE UNDERSIGNED IS ADJOURNED AT THIS TIME. SO ORDERED. AUTHORIZED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 11/17/2020. (TAB) (ENTERED: 11/17/2020)

(#9) JUDGMENT: IT IS ORDERED AND ADJUDGED: THAT THE REPORT & RECOMMENDATION IS ACCEPTED IN EACH OF THE TWENTY-ONE CIVIL ACTIONS; THAT THE TWENTY-ONE CIVIL ACTIONS ARE DISMISSED WITHOUT LEAVE TO AMEND; AND THAT THE PLAINTIFF'S MOTIONS FOR APPOINTMENT OF COUNSEL ARE DENIED AS MOOT. ALL PURSUANT TO THE DKT. NO. #8 ORDER ON THE REPORT & RECOMMENDATION OF THE HONORABLE U.S. DISTRICT COURT JUDGE DAVID N. HURD, DATED 7/11/2022. (COPY SERVED UPON PRO SE PLAINTIFF VIA REGULAR AND CERTIFIED MAIL ON 7/11/2022.) (HMR) (ENTERED: 07/11/2022)

(#8) ORDER ON REPORT & RECOMMENDATION: THAT THE REPORT & RECOMMENDATION IS ACCEPTED IN EACH OF THE TWENTY-ONE ABOVE-CAPTIONED CIVIL ACTIONS; THAT THE TWENTY-ONE ABOVE-CAPTIONED CIVIL ACTIONS ARE DISMISSED WITHOUT LEAVE TO AMEND; AND THAT THE PLAINTIFF'S MOTIONS FOR APPOINTMENT OF COUNSEL ARE DENIED AS MOOT. SIGNED BY JUDGE DAVID N. HURD ON 07/11/2022. (COPY SERVED UPON PRO SE PLAINTIFF VIA REGULAR AND CERTIFIED MAIL ON 7/11/2022.)(HMR) (ENTERED: 07/11/2022)

(#11) TEXT ORDER GRANTING #9 LETTER REQUEST TO EXTEND THE ANSWER DEADLINE UNTIL AFTER THE MOTION TO REMAND IS DECIDED. THE INITIAL CONFERENCE THAT WAS SET FOR 10/2/2020 @ 9:30AM BEFORE THE UNDERSIGNED AND THE ASSOCIATED DEADLINES, ARE ADJOURNED AND WILL BE RESET AT THE APPROPRIATE TIME. SO ORDERED. AUTHORIZED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 9/21/2020. (TAB) (ENTERED: 09/21/2020)

(#10) RESPONSE TO MOTION RE #9 LETTER MOTION FROM JONATHAN M. BERNSTEIN, ESQ. FOR IRVIN ACKERMAN, TINA DIMITRIADIS, DON HOGAN, MATTHEW MALONEY, THE CITY OF WATERVLIET, NEW YORK REQUESTING A 30-DAY EXTENSION TO ANSWER FILED BY THE FIQH MOSQUE, INC.. (ZAHLER, MICHAEL) (ENTERED: 09/18/2020)

(#7) REQUEST FOR ENTRY OF DEFAULT AS TO SHADOWBROOK FARM LLC RE #1 COMPLAINT BY PREPARED FOOD PHOTOS, INC.. (ATTACHMENTS: #1 DECLARATION DECLARATION)(DESOUZA, DANIEL) (ENTERED: 08/31/2022)

(#6) SUMMONS RETURNED EXECUTED BY PREPARED FOOD PHOTOS, INC.. SHADOWBROOK FARM LLC SERVED ON 8/9/2022, ANSWER DUE 8/30/2022. (DESOUZA, DANIEL) (ENTERED: 08/26/2022)

(#18) TEXT ORDER: GRANTING #16 LETTER REQUEST FOR AN EXTENSION OF TIME. THE TIME FOR DEFENDANT SHEILA POOLE TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED TO 6/14/2019. SO ORDERED BY U.S. MAGISTRATE JUDGE ANDREW T. BAXTER ON 4/22/2019. (NMK) (ENTERED: 04/22/2019)

(#17) TEXT ORDER: APPROVING #12 , #13 AND #14 STIPULATIONS. THE TIME FOR DEFENDANTS MELANIE A. DEFAZIO, BRIAN KIRLEY, ONEIDA COUNTY AND STEVE SCHAEFFER TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED TO 5/1/2019. SO ORDERED BY U.S. MAGISTRATE JUDGE ANDREW T. BAXTER ON 4/19/2019. (NMK) (ENTERED: 04/19/2019)

(#16) DECISION AND ORDER: IT IS ORDERED THAT PLAINTIFF'S IN FORMA PAUPERIS APPLICATION (DKT. NO. #12 ) IS GRANTED; AND IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO PAY THE FILING FEE (DKT. NO. #13 ) IS DENIED AS MOOT; AND IT IS FURTHER ORDERED THAT, IF PLAINTIFF WISHES TO PROCEED WITH THIS ACTION, HE MUST FILE AN AMENDED COMPLAINT AS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE FILING OF THIS DECISION AND ORDER; AND IT IS FURTHER ORDERED THAT, IF PLAINTIFF TIMELY FILES AN AMENDED COMPLAINT, THIS MATTER BE RETURNED TO THE COURT FOR FURTHER REVIEW; AND IT IS FURTHER ORDERED THAT, IF PLAINTIFF FAILS TO TIMELY FILE AN AMENDED COMPLAINT AS DIRECTED ABOVE, THE CLERK SHALL ENTER JUDGMENT INDICATING THIS ACTION IS DISMISSED WITHOUT PREJUDICE WITHOUT FURTHER ORDER OF THIS COURT PURSUANT TO 28 U.S.C. 1915(E)(2)(B) AND 28 U.S.C. 1915A(B)(1) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED AND FOR FAILURE TO COMPLY WITH THIS DECISION AND ORDER. IN THAT EVENT, THE CLERK IS DIRECTED TO CLOSE THIS CASE; AND IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTIONS FOR COUNSEL (DKT. NOS. #3 AND #7 ) ARE DENIED. SIGNED BY U.S. DISTRICT JUDGE MAE A. D'AGOSTINO ON 6/21/2022. (COPY SERVED VIA REGULAR MAIL)(MEB) (ENTERED: 06/21/2022)

(#15) CASE TRANSFERRED IN FROM DISTRICT OF NEW YORK WESTERN; CASE NUMBER 1:22-CV-00160. ELECTRONICALLY TRANSFERRED WHEN CASE OPENED (ENTERED: 05/20/2022)

(#8) PROCESS RECEIPT AND RETURN OF USM RETURNED EXECUTED AS TO JEFFERY LETZELTER ON 2/13/2020. SERVICE OF VERFIED COMPLAINT, WARRANT FOR ARREST AND THIRD PARTY PACKET FILED BY UNITED STATES OF AMERICA (DPK) (ENTERED: 03/12/2020)

(#7) SERVICE BY PUBLICATION OF NOTICE OF CIVIL FORFEITURE FOR 30 CONSECUTIVE DAYS; LAST PUBLICATION DATE FEBRUARY 28, 2020; IN GOVERNMENT WEBSITE: WWW.FORFEITURE.GOV; LAST DATE TO FILE A CLAIM PURSUANT TO PUBLICATION IS MARCH 30, 2020. FILED BY UNITED STATES OF AMERICA (KATZ, ADAM) (ENTERED: 03/04/2020)

(#7) SOCIAL SECURITY CONSENT / DECLINATION FORM FILED BY TAMARA MINES ADVISING OF CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE. (GORTON, PETER) (ENTERED: 09/25/2019)

(#6) ORDER GRANTING #3 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. SIGNED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 9/25/2019. (JEL, ) (ENTERED: 09/25/2019)

(#11) TEXT ORDER REOPENING CASE: THIS ACTION WAS ADMINISTRATIVELY CLOSED DUE TO PLAINTIFF'S FAILURE TO COMPLY WITH THE FILING FEE REQUIREMENTS, AND PLAINTIFF WAS DIRECTED TO RESPOND TO THE ORDER IF S/HE WISHED TO PURSUE THIS ACTION. PLAINTIFF HAS NOW RESPONDED. THE CLERK IS DIRECTED TO REOPEN THIS ACTION AND RESTORE IT TO THE COURT'S ACTIVE DOCKET. AUTHORIZED BY SENIOR JUDGE LAWRENCE E. KAHN ON 2/3/2020. {TEXT ORDER SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS) (ENTERED: 02/03/2020)

(#10) INMATE AUTHORIZATION FORM BY JUAN R. MOSQUERA. (NAS, ) (ENTERED: 02/03/2020)

(#9) TEXT ORDER REASSIGNING CASE. CASE REASSIGNED TO MAGISTRATE JUDGE MIROSLAV LOVRIC FOR ALL FURTHER PROCEEDINGS. MAGISTRATE JUDGE DAVID E. PEEBLES NO LONGER ASSIGNED TO CASE. SIGNED BY CHIEF JUDGE GLENN T. SUDDABY ON 7/25/19. (LMW) (ENTERED: 07/25/2019)

(#8) ORDER TO TRANSFER CASE TO MAGISTRATE JUDGE: IN ACCORDANCE WITH THIS COURT'S INHERENT AUTHORITY TO MANAGE ITS DOCKET, THE CHIEF JUDGE HAVING DETERMINED THAT REASSIGNMENT OF SOME CASES IS NECESSARY IN ORDER TO ENSURE AN EQUAL DISTRIBUTION OF THE WORK LOAD AND TO EFFECTUATE A PROMPT DISPOSITION OF ALL PENDING MATTERS, THIS CASE IS SET TO BE REASSIGNED TO MAGISTRATE JUDGE MIROSLAV LOVRIC. THE PARTY(IES) ARE DIRECTED TO FILE THE ATTACHED CONSENT OR DECLINATION TO TRANSFER JURISDICTION OF THIS CASE TO MAGISTRATE JUDGE LOVRIC WITHIN SEVEN (7) DAYS OF THE DATE OF THIS ORDER. IN THE EVENT THAT THE PARTY(IES) FAIL TO FILE SUCH A CONSENT OR DECLINATION OF JURISDICTION BY SAID DATE, THIS CASE WILL BE AUTOMATICALLY REASSIGNED WITHOUT FURTHER ORDER OF THIS COURT. SIGNED BY CHIEF JUDGE GLENN T. SUDDABY ON 7/17/19. NOTICE OF COMPLIANCE TO FILE CONSENT/DECLINATION DEADLINE: 7/24/19. (LMW) (ENTERED: 07/17/2019)

(#18) THE # 17 NOTICE TO THE NEW YORK STATE SUPREME COURT ONONDAGA COUNTY CLERK WAS RECEIVED AND FILED IN THE ONONDAGA COUNTY CLERK'S OFFICE ON 11/9/2011. (MAE) (ENTERED: 11/18/2011)

(#17) CLERK'S NOTICE: TO THE NEW YORK STATE SUPREME COURT, ONONDAGA COUNTY CLERK, ADVISING THAT THIS ACTION HAS BEEN REMANDED PURSUANT TO THE # 15 DECISION AND ORDER OF DISTRICT JUDGE GLENN T. SUDDABY. (MAE) (ENTERED: 11/02/2011)