New York Western District - Online Case Search

(#9) STIPULATION-SELECTION OF MEDIATOR BY CEDRIC T HAMILTON, M.C. TANK TRANSPORT, INC.(CROSS, TARA) (ENTERED: 07/29/2019)

(#8) SCHEDULING/CASE MANAGEMENT ORDER (PLEASE NOTE: THIS DOCKET TEXT DOES 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.)MOTIONS TO JOIN PARTIES/AMEND PLEADINGS DUE BY 8/16/2019. STIPULATION OF SELECTION OF MEDIATOR DUE BY 8/16/2019. FIRST MEDIATION SESSION DUE BY 10/16/2019. PLAINTIFF EXPERT WITNESS ID DUE BY 6/16/2020. DEFENDANT EXPERT WITNESS ID DUE BY 7/16/2020. DISCOVERY COMPLETED BY 7/31/2020. DISPOSITIVE MOTIONS DUE BY 10/30/2020. MEDIATION TO END BY 11/30/2020.SIGNED BY HON. HUGH B. SCOTT ON 7/16/2019. (GAI) (ENTERED: 07/16/2019)

(#13) CERTIFICATE OF SERVICE BY BATH CENTRAL SCHOOL DISTRICT, BATH CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOSEPH RUMSEY RE #12 REPLY TO RESPONSE TO MOTION, (SPAGNOLI, CHARLES) (ENTERED: 07/29/2019)

(#12) REPLY TO RESPONSE TO MOTION RE #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY BATH CENTRAL SCHOOL DISTRICT, BATH CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOSEPH RUMSEY. (ATTACHMENTS: #1 EXHIBIT 2 (CONTRACT BETWEEN SCHOOL DISTRICT AND BOCES), #2 MEMORANDUM IN SUPPORT)(SPAGNOLI, CHARLES) (ENTERED: 07/29/2019)

(#15) ORDER OF PRELIMINARY PRETRIAL CONFERENCE SET FOR 9/9/2019 AT 04:00 PM BEFORE HON. JEREMIAH J. MCCARTHY. SIGNED BY HON. JEREMIAH J. MCCARTHY ON 8/5/19. (DAZ) (ENTERED: 08/05/2019)

ADR PLAN ELECTRONICALLY FORWARDED TO ATTORNEYS. THE ADR PLAN IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.NYWD.USCOURTS.GOV/ALTERNATIVE-DISPUTE-RESOLUTION.(KM) (ENTERED: 08/05/2019)

(#11) ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDERRULE 26 MEETING REPORT DUE BY 9/9/2019. ON OR BEFORE 9/9/2019, THE PARTIES WILL FILE A JOINT REPORT ADDRESSING THE ISSUES COVERED IN RULES 16(C) AND 26(F) AND THIS COURT'S LOCAL CIVIL RULE 16(B); ANY ISSUE NOT APPLICABLE TO THIS CASE SHOULD BE NOTED AS "NOT APPLICABLE". THE PARTIES WILL MEET AND CONFER IN GOOD FAITH TO ACCOMPLISH THIS GOAL.THE PARTIES ARE FURTHER DIRECTED TO BEGIN RULE 26(A) INITIAL DISCLOSURES IMMEDIATELY.UNDER 28 U.S.C. 636(C), THE PARTIES AT ANY TIME MAY CONSENT TO HAVE THE MAGISTRATE JUDGE ADJUDICATE INDIVIDUAL DISPOSITIVE PROCEEDINGS OR ALL PROCEEDINGS IN THIS CASE, INCLUDING A JURY OR NON-JURY TRIAL AND ENTRY OF FINAL JUDGMENT (SEE ALSO FED. R. CIV. P. 73). THE PARTIES ARE ENCOURAGED TO CONSIDER THE POTENTIAL BENEFITS OF A RULE 73 CONSENT, INCLUDING EARLIER MOTION RESOLUTION AND TRIAL SCHEDULING; HOWEVER, THERE WILL BE NO ADVERSE CONSEQUENCES AT ALL SHOULD THE PARTIES DECLINE.SO ORDERED. SIGNED BY HON. HUGH B. SCOTT ON 7/23/2019. (DRH) (ENTERED: 07/23/2019)

ADR PLAN ELECTRONICALLY FORWARDED TO ATTORNEYS. THE ADR PLAN IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.NYWD.USCOURTS.GOV/ALTERNATIVE-DISPUTE-RESOLUTION.(KM) (ENTERED: 07/22/2019)

(#11) LETTER FROM ROBERT MCFADDEN, DATED 7/31/2019, TO PRO SE CLERK. (KM) (ENTERED: 08/06/2019)

(#10) MOTION TO APPOINT COUNSEL BY ROBERT MCFADDEN.(KM) (ENTERED: 07/19/2019)

A COPY OF #10 ORDER, A BLANK 1983 COMPLAINT FORM AND THE ORIGINAL COMPLAINT HAVE BEEN MAILED TO THE PLAINTIFF AT: 10 HOWELL STREET, #104, BATH, NY 14810. (BK) (ENTERED: 07/26/2019)

(#10) DECISION AND ORDER: PLAINTIFF MAY PROCEED AS A POOR PERSON (ECF NO. #2 AT 1-2), BUT HER IN FORMA PAUPERIS MOTIONS ON BEHALF OF MR. KEARSE AND THE CHILDREN, ALL MOTIONS TO APPOINT COUNSEL, AND BOTH MOTIONS FOR MISCELLANEOUS RELIEF ARE DENIED. ECF NO. #2 AT 3-12; ECF NOS. #3 , #4 , #7 , #8 , #9 .ALL POTENTIAL CLAIMS ON BEHALF OF MR. KEARSE AND THE CHILDREN ARE DISMISSED WITHOUT PREJUDICE AND THE CLERK OF COURT WILL TERMINATE THEM AS PARTIES TO THIS CASE. IF PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT BY AUGUST 30, 2019 HER CLAIMS WILL BE DISMISSED WITH PREJUDICE AND THE CLERK OF COURT WILL CLOSE THIS CASE WITHOUT FURTHER ORDER. THE CLERK OF COURT WILL SEND PLAINTIFF A COPY OF THE ORIGINAL COMPLAINT, A BLANK 1983 COMPLAINT FORM, AND THE INSTRUCTIONS FOR PREPARING AN AMENDED COMPLAINT. SO ORDERED. SIGNED BY HON. FRANK P. GERACI, JR. ON 7/25/2019. A COPY OF THE NEF AND DECISION AND ORDER WERE MAILED TO PLAINTIFF AND MR. KEARSE. (AFM)-CLERK TO FOLLOW UP- (ENTERED: 07/25/2019)

(#21) NOTICE OF APPEARANCE BY CARL V. MALMSTROM ON BEHALF OF LUKE CUDDY (MALMSTROM, CARL) (ENTERED: 07/30/2019)

(#20) ORDER FINDING AS MOOT #15 MOTION FOR EXTENSION OF TIME TO FILE. SIGNED BY HON. GEOFFREY CRAWFORD ON 7/9/19. (JL)-CLERK TO FOLLOW UP- (ENTERED: 07/09/2019)

(#17) TEXT ORDER GRANTING #16 MOTION FOR EXTENSION OF TIME TO ANSWER. DEFENDANTS RESTAURANT BRANDS INTERNATIONAL, INC. AND TIM HORTONS NOW HAVE UNTIL 8/19/2019 TO RESPOND TO THE COMPLAINT. SO ORDERED. SIGNED BY HON. FRANK P. GERACI, JR. ON 8/12/2019. A COPY OF THIS TEXT ORDER WAS MAILED TO PLAINTIFF. (AFM) (ENTERED: 08/12/2019)

(#16) MOTION FOR EXTENSION OF TIME TO FILE ANSWER MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT UNTIL AUGUST 19, 2019 BY RESTAURANT BRANDS INTERNATIONAL, INC., TIM HORTONS.(WINTERS, KRISTI) (ENTERED: 08/12/2019)

(#21) CLERK'S ENTRY OF DEFAULT AS TO BRECKENRIDGE GROUP STATESBORO GEORGIA, LLC. (JHF) (ENTERED: 08/15/2019)

(#20) ANSWER TO COMPLAINT BY EXPERIAN INFORMATION SOLUTIONS, INC..(LOPATA, CHRISTOPHER) (ENTERED: 08/14/2019)

(#8) LETTER FROM MARGARET CURTIN, DATED 8/2/2019, TO TO WHOM IT MAY CONCERN. (KM) (ENTERED: 08/05/2019)

(#7) NOTICE REGARDING COPY WORK FEE BY MARGARET CURTIN. (KM) (ENTERED: 07/31/2019)

(#15) TEXT ORDER RE #14 STIPULATION OF DISMISSAL WITH PREJUDICE FILED BY MOD-PAC CORP. IS HEREBY SO ORDERED. THE CLERK OF THE COURT IS DIRECTED TO CLOSE THIS CASE. SO ORDERED. ISSUED BY HON. LAWRENCE J. VILARDO ON 7/10/2019. (CMD)-CLERK TO FOLLOW UP- (ENTERED: 07/10/2019)

(#14) STIPULATION OF DISMISSAL WITH PREJUDICE BY MOD-PAC CORP.. (ATTACHMENTS: #1 CERTIFICATE OF SERVICE)(ANGELINO, SHARON) (ENTERED: 07/09/2019)

(#11) TEXT ORDER RE #5 MOTION TO DISMISS. THE COURT IS IN RECEIPT OF PLAINTIFFS' LETTER REQUEST FOR AN EXTENSION OF TIME STATING THAT THE REQUEST WAS CONSENTED TO BY DEFENDANT. PLAINTIFFS' REQUEST FOR AN EXTENSION OF TIME TO FILE RESPONSE PAPERS IS GRANTED. RESPONSES ARE DUE ON OR BEFORE 8/26/2019. REPLIES ARE DUE ON OR BEFORE 9/3/2019. SO ORDERED. SIGNED BY HON. ELIZABETH A. WOLFORD ON 8/19/2019. (KAC) (ENTERED: 08/19/2019)

(#10) TEXT ORDER. THE COURT IS IN RECEIPT OF A LETTER FROM DEFENDANT ADDRESSED TO THE CLERK OF COURT NOTIFYING THE COURT, PURSUANT TO LOCAL RULE 5.1(E), OF THE PURPORTEDLY RELATED NATURE OF THE INSTANT CASE TO ANOTHER MATTER CURRENTLY PENDING BEFORE THE HONORABLE MICHAEL A. TELESCA, ERRICKSON V. PAYCHEX, INC., NO. 19-CV-6347 (W.D.N.Y. MAY 5, 2019). DEFENDANT REQUESTS THAT THE INSTANT MATTER BE TRANSFERRED TO JUDGE TELESCA TO AVOID "UNNECESSARY DUPLICATION OF JUDICIAL EFFORT AND RESOURCES." DEFENDANT'S LETTER NOTES THAT PLAINTIFFS DO NOT CONSENT TO THE TRANSFER REQUEST.LOCAL RULE 5.1(E) PROVIDES FOR THE ASSIGNMENT OF RELATED CASES TO THE SAME DISTRICT JUDGE WHEN SUCH ASSIGNMENT "WOULD AVOID UNNECESSARY DUPLICATION OF JUDICIAL EFFORT." IF PLAINTIFFS OPPOSE THE TRANSFER OF THIS CASE, THEY MUST SUBMIT A RESPONSE SUPPORTING THEIR POSITION ON OR BEFORE AUGUST 5, 2019. SO ORDERED. SIGNED BY HON. ELIZABETH A. WOLFORD ON 7/31/2019. (KAC) (ENTERED: 07/31/2019)

(#8) MOTION SCHEDULING ORDER RE #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY MONROE COUNTY, #6 MOTION TO DISMISS PLAINTIFF'S SECOND, THIRD, FOURTH & FIFTH CLAIMS FOR FAILURE TO SET FORTH AN ADEQUATE BASIS UPON WHICH RELIEF CAN BE GRANTED FILED BY JOHN/JANE DOES #1-10, A. POTTER, PATRICK CARMODY, MATTHEW HEWGLER, V. CUTT, TOWN OF GREECE POLICE DEPARTMENT, DAVID D'AURELIO, K. BEER, TOWN OF GREECE, K. SMITH, D. MURPHY, J. REEDER, #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY CITY OF ROCHESTER POLICE DEPARTMENT, CITY OF ROCHESTER, BOSKAT, DEMARCO, ( RESPONSES DUE BY 10/4/2019., REPLIES DUE BY 11/1/2019., MOTION HEARING SET FOR 2/27/2020 03:00 PM BEFORE HON. CHARLES J. SIRAGUSA.). SIGNED BY HON. CHARLES J. SIRAGUSA ON 8/20/19. (KAP) (ENTERED: 08/20/2019)

(#7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BY BOSKAT, CITY OF ROCHESTER, CITY OF ROCHESTER POLICE DEPARTMENT, DEMARCO. (ATTACHMENTS: #1 DECLARATION DECLARATION OF PATRICK BEATH, #2 EXHIBIT EXHIBIT A TO THE BEATH DECLARATION (COMPLAINT), #3 MEMORANDUM IN SUPPORT)(BEATH, PATRICK) (ENTERED: 08/16/2019)

E-FILING NOTIFICATION: DOCUMENT CONTAINS SO ORDERED LINE AND SHOULD BE SUBMITTED VIA E-MAIL TO THE ASSIGNED JUDGE. REFER TO THE ADMINISTRATIVE GUIDE FOR E-MAIL ADDRESSES. NO ACTION REQUIRED #4 MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO RULE 26(F) CONFERENCE (BK) (ENTERED: 07/11/2019)

(#5) MEMORANDUM IN SUPPORT RE #4 MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO RULE 26(F) CONFERENCE BYSTRIKE 3 HOLDINGS, LLC. (ATTACHMENTS: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C)(JAMES, JACQUELINE) (ENTERED: 07/10/2019)

E-FILING NOTIFICATION: MISSING CASE CAPTION AND/OR CASE NUMBER. ACTION REQUIRED: RE-FILE DOCUMENT IN PROPER FORMAT #5 SUMMONS RETURNED EXECUTED BY CORTEZ FOSTER. ALL DEFENDANTS. (ATTACHMENTS: # 1 AFF OF SERVICE, # 2 AFF OF SERVICE, # 3 AFF OF SERVICE)(ALBERT, MATTHEW) (SG) (ENTERED: 08/20/2019)

(#5) SUMMONS RETURNED EXECUTED BY CORTEZ FOSTER. ALL DEFENDANTS. (ATTACHMENTS: #1 AFF OF SERVICE, #2 AFF OF SERVICE, #3 AFF OF SERVICE)(ALBERT, MATTHEW) (ENTERED: 08/19/2019)

E-FILING NOTIFICATION: DOCUMENT CONTAINS SO ORDERED LINE AND SHOULD BE SUBMITTED VIA E-MAIL TO THE ASSIGNED JUDGE. REFER TO THE ADMINISTRATIVE GUIDE FOR E-MAIL ADDRESSES. NO ACTION REQUIRED #4 MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO RULE 26(F) CONFERENCE (BK) (ENTERED: 07/08/2019)

(#5) MEMORANDUM IN SUPPORT RE #4 MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO RULE 26(F) CONFERENCE BYSTRIKE 3 HOLDINGS, LLC. (ATTACHMENTS: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C)(JAMES, JACQUELINE) (ENTERED: 07/06/2019)

(#11) MINUTE ENTRY FOR PROCEEDINGS HELD BEFORE HON. MARIAN W. PAYSON: SCHEDULING CONFERENCE HELD ON 8/6/2019. APPEARANCES: MICHAEL R. ZOSH, ESQ. AND ASHLEY M. EMERY, ESQ. (CAM) (ENTERED: 08/07/2019)

(#10) 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 1/14/2020 11:00 AM BEFORE HON. MARIAN W. PAYSON. STIPULATION OF SELECTION OF MEDIATOR DUE BY 9/3/2019. FIRST MEDIATION SESSION DUE BY 10/29/2019. MEDIATION TO END BY 12/30/2019. MANDATORY DISCLOSURES DUE BY 9/16/2019. MOTIONS TO JOIN PARTIES/AMEND PLEADINGS DUE BY 11/15/2019. FACT DISCOVERY TO BE COMPLETED BY 2/3/2020. MOTIONS TO COMPEL DISCOVERY DUE BY 1/15/2020. PLAINTIFF EXPERT WITNESS ID DUE BY 3/2/2020. DEFENDANT EXPERT WITNESS ID DUE BY 4/1/2020. EXPERT DISCOVERY TO BE COMPLETED BY 5/1/2020. DISPOSITIVE MOTIONS DUE BY 8/3/2020. SIGNED BY HON. MARIAN W. PAYSON ON 8/6/2019. (KAH) (ENTERED: 08/06/2019)

E-FILING NOTIFICATION: DOCUMENT CONTAINS SO ORDERED LINE AND SHOULD BE SUBMITTED VIA E-MAIL TO THE ASSIGNED JUDGE. REFER TO THE ADMINISTRATIVE GUIDE FOR E-MAIL ADDRESSES. NO ACTION REQUIRED #4 MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO RULE 26(F) CONFERENCE (BK) (ENTERED: 07/11/2019)

(#5) MEMORANDUM IN SUPPORT RE #4 MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO RULE 26(F) CONFERENCE BYSTRIKE 3 HOLDINGS, LLC. (ATTACHMENTS: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C)(JAMES, JACQUELINE) (ENTERED: 07/10/2019)

E-FILING NOTIFICATION: TEXT CORRECTED 21 MINUTE ENTRY FOR PROCEEDINGS HELD BEFORE HON. MARIAN W. PAYSON (CAM) (ENTERED: 08/22/2019)

(#21) MINUTE ENTRY FOR PROCEEDINGS HELD BEFORE HON. MARIAN W. PAYSON: SCHEDULING CONFERENCE HELD ON 8/20/2019. APPEARANCES: ALEXANDER J. DOUGLAS, ESQ., JONATHAN D. KLEIN, ESQ. BY TELEPHONE, COLIN C. POLING, ESQ. BY TELEPHONE, BRENDAN H. LITTLE, ESQ. BY TELEPHONE (CAM) MODIFIED ON 8/22/2019 (CAM). (ENTERED: 08/22/2019)

(#8) SUMMONS RETURNED UNEXECUTED BY UNITED STATES OF AMERICA AS TO JOHN DOE, MARY ROE, XYZ CORPORATION. (LABLETTA, NICOLE) (ENTERED: 07/22/2019)

(#7) SUMMONS RETURNED EXECUTED BY UNITED STATES OF AMERICA. COUNTY OF MONROE SERVED ON 7/2/2019, ANSWER DUE 7/23/2019; DAVID R. HERBSTER SERVED ON 7/3/2019, ANSWER DUE 7/24/2019; MARLENE V. HERBSTER SERVED ON 7/3/2019, ANSWER DUE 7/24/2019; MIDLAND FUNDING LLC SERVED ON 7/1/2019, ANSWER DUE 7/22/2019; THE PEOPLE OF THE STATE OF NEW YORK SERVED ON 7/1/2019, ANSWER DUE 7/22/2019. (LABLETTA, NICOLE) (ENTERED: 07/22/2019)