DeStefano v. The Incorporated Village of Mineola et al
| New York Eastern District Court | |
| Judge: | Denis R Hurley |
| Referred: | Arlene R Lindsay |
| Case #: | 2:17-cv-02250 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 14, 2017 |
| Terminated: | Aug 29, 2018 |
| Last checked: Wednesday Oct 11, 2017 5:39 AM EDT |
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Defendant
Jeffrey M. Clark
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Represented By
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Defendant
Brian Santosus
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Represented By
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Defendant
Louis Santosus
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Represented By
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Defendant
The Board of Trustees of the Incorporated Village of Mineola
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Represented By
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Defendant
The Fire Council of the Fire Department of the Incorporated Village of Mineola
171 Jericho Tpke
mineola, NY 11501 |
Represented By
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Defendant
The Fire Department of the Incorporated Village of Mineola
171 Jericho Tpke
mineola, NY 11501 |
Represented By
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Defendant
The Incorporated Village of Mineola
155 Washington Avenue
mineola, NY 11501 |
Represented By
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Plaintiff
Michael A. DeStefano
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Represented By
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GPO
Aug 28 2018
ORDER granting 21 Motion to Dismiss for Failure to State a Claim: Defendants' motion to dismiss the complaint is granted. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 8/28/2018. (Gapinski, Michele) |
| Docket last updated: 77 minutes ago |
| Wednesday, August 29, 2018 | ||
| 31 | 31
order
Judgment - Clerk
Wed 08/29 4:39 PM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Michael A. DeStefano take nothing of Defendants the Incorporated Village of Mineola, the Board of Trustees of the Incorporated Village of Mineola, the Fire Department of the Incorporated Village of Mineola, the Fire Council of the Incorporated Village of Mineola, Jeffrey M. Clark, Brian Santosus, and Louis Santosus; that Defendants motion to dismiss the complaint is granted; and that this case is closed. Ordered by Clerk of Court on 8/29/2018. (Toritto, Jim) |
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| Tuesday, August 28, 2018 | ||
| 30 | 30
21
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 08/28 11:42 AM
ORDER granting21 Motion to Dismiss for Failure to State a Claim: Defendants' motion to dismiss the complaint is granted. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 8/28/2018. (Gapinski, Michele) |
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| Tuesday, May 29, 2018 | ||
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order
Order on Motion to Stay
Tue 05/29 4:18 PM
ORDER re29 : The application is denied. The June 27, 2018 conference is converted to a telephone conference to discuss an appropriate schedule. The Court will initiate the conference. The parties are directed to dial (888) 278-0296 at the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 5/29/2018. c/ecf (Imrie, Robert) |
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| Monday, May 28, 2018 | ||
| 29 | 29
motion
Stay
Mon 05/28 9:14 AM
Joint MOTION to Stay discovery by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| Monday, May 21, 2018 | ||
| 28 | 28
order
Scheduling Order
Mon 05/21 1:02 PM
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/21/2018. c/ecf (Imrie, Robert) |
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Att: 1
Proposed Scheduling Order
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| Thursday, October 19, 2017 | ||
| 27 | 27
notice
Notice of Appearance
Thu 10/19 1:39 PM
NOTICE of Appearance by Shaunak Shah on behalf of Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola (aty to be noticed) (Shah, Shaunak) |
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| Tuesday, September 19, 2017 | ||
| 26 | 26
respoth
Reply in Support
Tue 09/19 2:03 PM
REPLY in Support re21 Motion to Dismiss for Failure to State a Claim filed by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| 25 | 25
30+
pgs
respoth
Memorandum in Opposition
Tue 09/19 2:00 PM
MEMORANDUM in Opposition re21 Motion to Dismiss for Failure to State a Claim by Plaintiff filed by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| 24 | 24
respm
Affidavit/Declaration in Opposition to Motion
Tue 09/19 1:58 PM
AFFIDAVIT/DECLARATION in Opposition re21 Motion to Dismiss for Failure to State a Claim by Plaintiff filed by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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Att: 1
Exhibit 1-7,
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Att: 2
Exhibit 8-9,
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Att: 3
Exhibit 10-18
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| 23 | 23
29
pgs
respoth
Memorandum in Support
Tue 09/19 12:54 PM
MEMORANDUM in Support re21 Motion to Dismiss for Failure to State a Claim filed by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| 22 | 22
respm
Affidavit/Declaration in Support of Motion
Tue 09/19 12:06 PM
AFFIDAVIT/DECLARATION in Support re21 Motion to Dismiss for Failure to State a Claim filed by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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Att: 1
Exhibit A. Plaintiff's Complaint
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| 21 | 21
motion
Dismiss for Failure to State a Claim
Tue 09/19 11:56 AM
Motion to Dismiss for Failure to State a Claim by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| Wednesday, August 23, 2017 | ||
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 08/23 9:04 AM
ORDER granting20 Motion for Extension of Time to File Response/Reply : The application is granted. Ordered by Judge Denis R. Hurley on 8/23/2017. (Gapinski, Michele) |
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| Tuesday, August 22, 2017 | ||
| 20 | 20
motion
Extension of Time to File Response/Reply
Tue 08/22 11:51 AM
Letter MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss the Complaint by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| Thursday, June 08, 2017 | ||
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order
Order(Other)
Thu 06/08 10:00 AM
ORDER re [18, 19]: The Court waives its requirement for a pre-motion conference and sets the following briefing schedule for the proposed motion: defendants shall serve, but not file, moving papers on or before July 10, 2017; plaintiff shall serve, but not file, opposing papers on or before August 18, 2017; defendants shall serve reply papers, if any, and file all papers with the Court, including a courtesy copy for chambers on or before September 5, 2017. Ordered by Judge Denis R. Hurley on 6/8/2017. (Gapinski, Michele) |
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| Wednesday, May 31, 2017 | ||
| 19 | 19
misc
Letter
Wed 05/31 2:15 PM
Letter to Hon. Denis R. Hurley by Michael A. DeStefano (Ward, Jon) |
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| Tuesday, May 23, 2017 | ||
| 18 | 18
motion
Pre Motion Conference
Tue 05/23 10:22 AM
Letter MOTION for pre motion conference by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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utility
Terminate Motions (filed in error)
Wed 05/24 9:45 AM
Motions terminated, docketed incorrectly:18 Letter MOTION for pre motion conference filed by Jeffrey M. Clark, The Fire Department of the Incorporated Village of Mineola, Brian Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, Louis Santosus, The Incorporated Village of Mineola. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made.) (Fagan, Linda) |
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| Monday, May 08, 2017 | ||
| 17 | 17
notice
Notice of Appearance
Mon 05/08 11:52 AM
NOTICE of Appearance by Ralph Branciforte on behalf of Michael A. DeStefano (aty to be noticed) (Branciforte, Ralph) |
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| Tuesday, May 02, 2017 | ||
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order
Order on Motion for Extension of Time to File
Tue 05/02 2:52 PM
ORDER re16 : The time for the defendants to answer move or otherwise respond to the complaint is extended to and including June 10, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 5/2/2017. c/ecf (Imrie, Robert) |
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| Monday, May 01, 2017 | ||
| 16 | 16
motion
Extension of Time to File Document
Mon 05/01 1:22 PM
MOTION for Extension of Time to File Response to Plaintiffs Complaint by Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola. (Kleinberg, Adam) |
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| Friday, April 28, 2017 | ||
| 15 | 15
notice
Notice of Appearance
Fri 04/28 11:07 AM
NOTICE of Appearance by Adam I. Kleinberg on behalf of Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola (aty to be noticed) (Kleinberg, Adam) |
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| Friday, April 21, 2017 | ||
| 14 | 14
service
Summons Returned Executed
Fri 04/21 1:13 PM
SUMMONS Returned Executed by Michael A. DeStefano. The Fire Council of the Fire Department of the Incorporated Village of Mineola served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| 13 | 13
service
Summons Returned Executed
Fri 04/21 1:12 PM
SUMMONS Returned Executed by Michael A. DeStefano. Louis Santosus served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| 12 | 12
service
Summons Returned Executed
Fri 04/21 1:11 PM
SUMMONS Returned Executed by Michael A. DeStefano. Jeffrey M. Clark served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| 11 | 11
service
Summons Returned Executed
Fri 04/21 1:09 PM
SUMMONS Returned Executed by Michael A. DeStefano. The Incorporated Village of Mineola served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| 10 | 10
service
Summons Returned Executed
Fri 04/21 1:07 PM
SUMMONS Returned Executed by Michael A. DeStefano. The Fire Department of the Incorporated Village of Mineola served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| 9 | 9
service
Summons Returned Executed
Fri 04/21 1:04 PM
SUMMONS Returned Executed by Michael A. DeStefano. Brian Santosus served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| 8 | 8
service
Summons Returned Executed
Fri 04/21 1:02 PM
SUMMONS Returned Executed by Michael A. DeStefano. The Board of Trustees of the Incorporated Village of Mineola served on 4/19/2017, answer due 5/10/2017. (Roth, Andrew) |
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| Monday, April 17, 2017 | ||
| 7 | 7
service
Summons Issued
Mon 04/17 10:48 AM
Summons Issued as to Jeffrey M. Clark, Brian Santosus, Louis Santosus, The Board of Trustees of the Incorporated Village of Mineola, The Fire Council of the Fire Department of the Incorporated Village of Mineola, The Fire Department of the Incorporated Village of Mineola, The Incorporated Village of Mineola, on 04/17/2017. (Fagan, Linda) |
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| Friday, April 14, 2017 | ||
| 6 | 6
misc
Proposed Summons/Civil Cover Sheet
Fri 04/14 11:56 AM
Proposed Summons. Re1 Complaint, by Michael A. DeStefano (Roth, Andrew) |
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| 5 | 5
misc
Clerks Notice of Rule 73
Fri 04/14 11:08 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
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| 4 | 4
misc
Quality Control Check - Attorney Case Opening
Fri 04/14 11:04 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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| 3 | 3
notice
Notice of Appearance
Fri 04/14 9:53 AM
NOTICE of Appearance by Joseph Ray Bjarnson on behalf of Michael A DeStefano (aty to be noticed) (Bjarnson, Joseph) |
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| 2 | 2
notice
Notice of Appearance
Fri 04/14 9:51 AM
NOTICE of Appearance by Andrew Michael Roth on behalf of Michael A DeStefano (aty to be noticed) (Roth, Andrew) |
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| 1 | 1
cmp
Complaint
Fri 04/14 9:43 AM
COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9449562 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Michael A DeStefano. (Ward, Jon) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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notice
Notice(Other)
Fri 04/14 11:04 AM
Proposed summons is rejected; the defendants listed in the address section do not match the defendants in the caption of the complaint; the Clerk's Office cannot issue the summons. Counsel is advised to submit a completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Fri 04/14 11:08 AM
Case Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
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