Fletcher et al v. Village of Lake Placid et al
| New York Northern District Court | |
| Judge: | Daniel J Stewart |
| Referred: | Daniel J Stewart |
| Case #: | 8:22-cv-00314 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Apr 01, 2022 |
| Last checked: Thursday Sep 29, 2022 12:16 PM EDT |
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Cross Claimant
Dick White
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Cross Claimant
Bette & Cring Construction Group, LLC
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Cross Claimant
Matthew Bette
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Cross Claimant
Patrick Gebbie
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Cross Claimant
John Doe
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Cross Claimant
John O'Neil
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Cross Claimant
O'Neil Contracting, Bloomingdale, New York
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Cross Defendant
Sherri Rugar
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Cross Defendant
Matthew Bette
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Cross Defendant
Village of Lake Placid
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Cross Defendant
Bette & Cring Construction Group, LLC
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Cross Defendant
Janet Bliss
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Cross Defendant
Thomas Broderick
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Cross Defendant
James Brooks
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Cross Defendant
Jodi Burke
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Cross Defendant
Shawn Burke
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Cross Defendant
Burke Excavation Demolition, Inc., ABN: Jeda Environmental, Massena, New York
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Cross Defendant
Art Devlin
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Cross Defendant
Anita Estling
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Cross Defendant
O'Neil Contracting, Bloomingdale, New York
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Cross Defendant
Patrick Gebbie
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Cross Defendant
Brad Hathaway
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Cross Defendant
Peter Holderied
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Cross Defendant
Jack Rugar Custom Painting, Keeseville, New York
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Cross Defendant
Jack Rugar
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Cross Defendant
John Doe
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Cross Defendant
Jason Leon
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Cross Defendant
Michael Maher
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Cross Defendant
Northwood School, Lake Placid, New York
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Cross Defendant
Craig Randall
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Cross Defendant
John O'Neil
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Cross Defendant
Dick White
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Defendant
Dick White
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Defendant
Matthew Bette
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Defendant
Bette & Cring Construction Group, LLC
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Defendant
Janet Bliss
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Defendant
Thomas Broderick
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Defendant
James Brooks
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Defendant
Jodi Burke
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Defendant
Shawn Burke
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Defendant
Burke Excavation Demolition, Inc., ABN: Jeda Environmental, Massena, New York
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Defendant
Art Devlin
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Defendant
Anita Estling
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Defendant
Patrick Gebbie
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Defendant
Brad Hathaway
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Defendant
Peter Holderied
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Defendant
Jack Rugar Custom Painting, Keeseville, New York
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Defendant
John Doe
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Defendant
Jason Leon
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Defendant
Michael Maher
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Defendant
Northwood School, Lake Placid, New York
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Defendant
John O'Neil
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Defendant
O'Neil Contracting, Bloomingdale, New York
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Defendant
Craig Randall
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Defendant
Jack Rugar
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Defendant
Sherri Rugar
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Defendant
Village of Lake Placid
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Plaintiff
James Hughes
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Plaintiff
Wendy Fletcher
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GPO
Mar 10 2023
MEMORANDUM-DECISION AND ORDER. It is hereby ORDERED, that Plaintiffs' Cross-Motion to file an amended complaint (Dkt. No. 43) is GRANTED; and it is further ORDERED, that Plaintiffs must file their proposed Amended Complaint in accordance with Local Rule 15.1(c); and it is further ORDERED, that Plaintiffs' Cross-Motion to Strike (Dkt. No. 43) is DENIED as moot; and it is further ORDERED, that Defendants' Motions to Dismiss (Dkt. No. 25); (Dkt. No. 27); (Dkt. No. 34); and (Dkt. No. 36) are DENIED as moot; and it is further ORDERED, that Defendants' Motion for judgment on the pleadings (Dkt. No. 38) is DENIED as moot; and it is further ORDERED, that the Clerk serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by Senior Judge Lawrence E. Kahn on 3/10/2023. (dpk) |
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GPO
Dec 11 2023
nnes on 12/11/2023. (nmk)MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that the Village Defendants' Motion to Dismiss (Dkt. No. 65) is GRANTED in part and DENIED in part. It is further ORDERED that Plaintiffs' claims against Defendants Randall, Devlin, Holderied, Leon, Bliss, Estling, and Hathaway are DISMISSED with prejudice. It is further ORDERED that the following claims may proceed: 1) Plaintiffs' Section 1983 claim against the Village of Lake Placid for municipal liability; and 2) Plaintiff Fletcher's Title II ADA disability discrimination claim against the Village of Lake Placid, all as discussed herein. It is further ORDERED that Plaintiffs' Cross-Motion to Strike (Dkt. No. 73) is DENIED. It is further ORDERED that the Northwood Defendants' Motion to Dismiss (Dkt. No. 74) is GRANTED. It is further ORDERED that Plaintiffs' federal claims against the Northwood Defendants are DISMISSED with prejudice. It is further ORDERED that Defendant Brooks's Motion to Dismiss (Dkt. No. 76) is GRANTED. It is further ORDERED that Plaintiffs' federal claims against Defendant Brooks are DISMISSED with prejudice. It is further ORDERED that the Burke Defendants' Motion to Dismiss (Dkt. No. 80) is GRANTED. It is further ORDERED that Plaintiffs' federal claims against the Burke Defendants are DISMISSED with prejudice. It is further ORDERED that the Bette & Cring Defendants' Motion to Dismiss (Dkt. No. 82) is GRANTED. It is further ORDERED that Plaintiffs' federal claims against the Bette & Cring Defendants are DISMISSED with prejudice. It is further ORDERED that the O'Neil Defendants' Motion for Judgment on the Pleadings (Dkt. No. 105) is GRANTED. It is further ORDERED that Plaintiffs' federal claims against the O'Neil Defendants are DISMISSED with prejudice. It is further ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs' state law trespass and private nuisance claims against the Northwood Defendants, Defendant Brooks, the Burke Defendants, the Bette & Cring Defendants and the O'Neil Defendants, and those claims are DISMISSED without prejudice as to those Defendants. Signed by Chief Judge Brenda K. Sa |
| Docket last updated: 05/08/2025 6:06 AM EDT |
| Thursday, February 27, 2025 | ||
| 156 | 156
notice
Notice - Other
Thu 02/27 5:47 PM
NOTICE re 155 Order on Letter Request - Counsel is advised that no further extensions will be allowed. (spl) |
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| 155 | 155
order
Order on Letter Request
Thu 02/27 5:45 PM
TEXT ORDER granting153 Letter Request to extend the following deadlines: Discovery due by 9/1/2025; Defendant Expert Disclosure Deadline is 5/13/2025; Motions to be filed by 10/28/2025; Plaintiff deadline to obtain report of medical expert is 6/26/2025. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/27/2025. (spl) |
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| Monday, February 24, 2025 | ||
| 154 | 154
notice
Notice of Appearance
Mon 02/24 2:02 PM
NOTICE OF APPEARANCE by Jenna M. Wojdan-Price on behalf of All Plaintiffs (Wojdan-Price, Jenna) |
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| Saturday, February 22, 2025 | ||
| 153 | 153
motion
Letter Request/Motion
Sat 02/22 10:56 AM
Letter Motion from Counsel for Plaintiffs for Wendy Fletcher, James Hughes requesting Extension to Deadlines in Scheduling Order submitted to Judge Daniel Stewart . (Davenport, Chad) |
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