Staley v. Buffalo Police

New York Western District Court
Judge:	John L Sinatra, Jr
Referred:	Jeremiah J Mccarthy
Case #:	1:22-cv-00620
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:

Aug 17, 2022

Docket
Parties (2)

Last checked: Monday Feb 13, 2023 9:07 AM EST

Defendant Buffalo Police
Plaintiff Derrick Staley 6 North Parade Avenue Buffalo, NY 14211

Docket last updated: 3 hours ago

Thursday, April 17, 2025
49		49 adr Mediation Certification Thu 04/17 9:12 AM Mediation Certification by Michael Menard. Mediation session has been adjourned to 6/25/2025.(Menard, Michael) Related: [-]
Tuesday, February 18, 2025
48		48 order Scheduling Order ~Util - Terminate Motions ~Util - Set Deadlines/Hearings Tue 02/18 2:00 PM AMENDED CASE MANAGEMENT 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.) Fact discovery to be completed by 6/30/2025. Pretrial motions due by 11/2/2025. Signed by Hon. Jeremiah J. McCarthy on 2/18/2025. (JD) Related: [-]
47		47 motion Extension of Time to Complete Discovery Tue 02/18 12:02 PM First MOTION for Extension of Time to Complete Discovery by Deborah Stworzydlak.(Molisani, Erin) Related: [-]
Monday, December 09, 2024
46		46 notice Notice of Withdrawal of Attorney Mon 12/09 11:01 AM NOTICE of Withdrawal of Attorney: Timothy P. Noonan no longer appearing for Plaintiffs Derrick Staley, Nevaeh Staley. CLERK TO FOLLOW UP. (Davenport, Chad) Related: [-]
Wednesday, December 04, 2024
45		45 order Text Order ~Util - Terminate Motions Wed 12/04 10:24 AM TEXT ORDER: plaintiff served upon the non-party Erie County District Attorney's Office ("ECDA") a subpoena for records related to the case of People of the State of New York v. Derrick T. Staley, case number CR-02183-22. Materials responsive to the subpoena include the complainant's medical records and 911 records. ECDA moved to quash38 plaintiff's subpoena insofar as it requests complainant's medical records and for a confidentiality stipulation and order concerning the 911 records. Plaintiff's response to the motion was due on or before November 12, 2024. See Text Order 39 . To date, plaintiff has not filed a response. The parties filed on December 3, 2024 a confidentiality stipulation43 that I "So Ordered"44 the same day. Accordingly, that portion of the ECDA's motion requesting such a stipulation and order is denied as moot. Finally, I grant as unopposed the remaining portion of ECDA's motion to quash that part of the plaintiff's subpoena that requests the complainant non-party's medical records. Fed. R. Civ. P. 45(d)(3)(A) ("the court for the district where compliance is required must quash or modify a subpoena that... requires disclosure of privileged or other protected matter, if no exception or waiver applies"). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/4/2024. (JD) Related: [-]
Tuesday, December 03, 2024
44		44 order Stipulation and Order Tue 12/03 4:40 PM CONFIDENTIALITY STIPULATION AND ORDER. Signed by Hon. Jeremiah J. McCarthy on 12/3/2024. (JD) Modified on 12/3/2024 to correct issuing Judge (JD) Related: [-]
43		43 misc Stipulation Tue 12/03 2:22 PM STIPULATION of Confidentiality by Derrick Staley, Nevaeh Staley. (Gabalski, Matthew) Related: [-]
Thursday, November 07, 2024
42		42 minutes Status Conference 1 - Terminate Hearings Thu 11/07 4:12 PM Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: telephonic status conference held on 11/7/2024. The parties discuss issues related to disclosure of records subject to subpoena and necessary redactions. The parties will research further the statute applicable to disclosure of the requested records and make application to the court for an order of production if necessary. APPEARANCES: Chad Davenport and Matthew Gabalski for plaintiffs; Robert Quinn for City defendants ; Erin Molisani for County of Erie defendants. (AT&T) (JD) Related: [-]
41		41 order Text Order Thu 11/07 3:44 PM TEXT ORDER: During today's teleconference, the parties discussed the production by the County of certain CPS/DSS records and agreed to the redaction of certain nonparties' identifying information. The parties shall confer and contact the court if any further action is necessary to effect the production of these records. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/7/2024. (EG) Related: [-]
Wednesday, November 06, 2024
40		40 order Text Order ~Util - Set Hearings Wed 11/06 9:17 AM TEXT ORDER: A telephonic conference to address the issues raised in plaintiffs' November 5, 2024 e-mail is scheduled for November 7, 2024 at 3:00 p.m. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/6/24. (MDY) Related: [-]
Tuesday, November 05, 2024
39		39 order Text Order Tue 11/05 9:32 AM TEXT ORDER: plaintiff's response to non-party Erie County District Attorney's Office's ("ECDA") motion38 to quash plaintiff's subpoena and for other relief shall be filed on or before November 12, 2024. The ECDA's reply, if any, shall be filed by November 15, 2024, after which time the motion will be taken under advisement without oral argument. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/5/2024. (JD) Related: [-]
Monday, November 04, 2024
38		38 motion Quash Mon 11/04 4:32 PM MOTION to Quash by Erie County District Attorney's Office.(Williams, Paul) Related: [-]
Tuesday, October 08, 2024
37		37 service Affidavit of Service Tue 10/08 8:44 AM AFFIDAVIT of Service for Subpoena to Produce Documents information or objects or to permit inspection of premises in a civil action served on Erie County District Attorney's Office; Erie County Family Court and Erie County Child Protective Services on October 4, 2024, filed by Derrick Staley, Nevaeh Staley.(Gabalski, Matthew) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Affidavit
Monday, October 07, 2024
36		36 notice Notice of Appearance Mon 10/07 9:14 AM NOTICE of Appearance by Erin Elizabeth Molisani on behalf of Deborah Stworzydlak (Molisani, Erin) Related: [-]
Tuesday, October 01, 2024
35		35 notice Notice of Appearance Tue 10/01 10:16 AM NOTICE of Appearance by Matthew Earl Gabalski on behalf of All Plaintiffs (Gabalski, Matthew) Related: [-]
Friday, August 09, 2024
34		34 adr Mediation Certification Fri 08/09 2:30 PM Mediation Certification by Michael Menard. The case has not settled mediation will continue on 2/4/2025.(Menard, Michael) Related: [-]
Thursday, August 08, 2024
33		33 adr Stipulation-Selection of Mediator Thu 08/08 5:27 PM Stipulation-Selection of Mediator by Derrick Staley, Nevaeh Staley. (Davenport, Chad) Related: [-]
Tuesday, June 25, 2024
32		32 order Text Order ~Util - Terminate Motions Tue 06/25 10:41 AM TEXT ORDER: Based on the parties' stipulation at today's telephonic conference to dismiss the companion case of Staley, et al. v. The City of Buffalo, et al. , 22-cv-00945(JLS)(JJM), the motion to consolidate these cases12 is denied as moot. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/25/24. (MDY) Related: [-]
31		31 order Scheduling Order Tue 06/25 10:39 AM CASE MANAGEMENT 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.) . Signed by Hon. Jeremiah J. McCarthy on 6/25/24. (MDY) Related: [-]
30		30 minutes Scheduling Conference Tue 06/25 10:18 AM Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Scheduling Conference held on 6/25/2024. Counsel for the parties appear. In light of the Decision and Order, the parties agree to discontinue the 22-cv-945 action and maintain the 22-cv-620 action. Case Management Order (CMO) dates for the remaining case discussed and set. CMO to follow. The court instructs the parties that good cause must be shown to amend CMO dates. The court also informs the parties of its informal discovery dispute resolution procedures, and encourages them to consent to magistrate judge jurisdiction over the case. APPEARANCES (by phone): Chad Davenport for plaintiffs; Robert Quinn for City defendants; Christopher Sasiadek for defendant Stworzydlak (AT&T) (EG) Related: [-]
Tuesday, June 18, 2024
29		29 answer Answer to Amended Complaint Tue 06/18 11:20 AM ANSWER to11 Amended Complaint,,,, by Deborah Stworzydlak.(Sasiadek, Christopher) Related: [-]
Thursday, June 13, 2024
28		28 order Text Order ~Util - Set Hearings Thu 06/13 4:24 PM TEXT ORDER: A teleconference to set a case management order is set for June 25, 2024 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/13/2024. (EG) Related: [-]
27		27 3 pgs order Order on Motion to Dismiss Thu 06/13 11:56 AM DECISION AND ORDER denying15 Motion to Dismiss; denying19 Motion to Dismiss. The case is referred back to Judge McCarthy consistent with the January 25, 2024 referral Order. Signed by Hon. John L. Sinatra, Jr. on 6/13/2024. (TMK) Related: [-]
Friday, June 07, 2024
26		26 answer Answer to Amended Complaint Fri 06/07 7:31 PM ANSWER to11 Amended Complaint,,,, by Ahmed Abdo, Buffalo Police, Joseph Fischer, Christina Ihle, Johnathan Jackson, Eric Prentiss, Allysa Taborn, The City of Buffalo.(Quinn, Robert) Related: [-]
Wednesday, May 22, 2024
25		25 motion Report and Recommendations Wed 05/22 4:25 PM REPORT AND RECOMMENDATION re19 First MOTION to Dismiss filed by Deborah Stworzydlak;15 MOTION to Dismiss filed by Eric Prentiss, Buffalo Police, The City of Buffalo, Johnathan Jackson, Allysa Taborn, Ahmed Abdo, Joseph Fischer, Christina Ihle. Objections to R&R due by 6/5/2024. Signed by Hon. Jeremiah J. McCarthy on 5/22/2024. (EG) Related: [-]
Wednesday, May 01, 2024
24		24 respm Reply/Response Wed 05/01 10:08 PM REPLY/RESPONSE to re15 MOTION to Dismiss filed by Ahmed Abdo, Buffalo Police, Joseph Fischer, Christina Ihle, Johnathan Jackson, Eric Prentiss, Allysa Taborn, The City of Buffalo. (Quinn, Robert) Related: [-]
Wednesday, April 17, 2024
23		23 10 pgs respm Memorandum in Opposition to Motion Wed 04/17 1:12 PM MEMORANDUM in Opposition re19 First MOTION to Dismiss filed by Derrick Staley, Nevaeh Staley.(Noonan, Timothy) Related: [-]
		Att: 1 Declaration Sworn Declaration of Derrick Staley
22		22 11 pgs respm Memorandum in Opposition to Motion Wed 04/17 1:10 PM MEMORANDUM in Opposition re15 MOTION to Dismiss filed by Derrick Staley, Nevaeh Staley.(Noonan, Timothy) Related: [-]
		Att: 1 Declaration Sworn Declaration of Derrick Staley
Friday, April 05, 2024
21		21 order Text Order Fri 04/05 5:15 PM TEXT ORDER: Plaintiffs' response to defendant Stworzydlak's motion to dismiss19 shall be filed by April 17, 2024. Reply, if any, should be filed by April 24, 2024, after which time the motion will be taken under advisement without oral argument unless otherwise deemed necessary or requested by the parties. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/5/2024. (EG) Related: [-]
20		20 service Waiver of Service Executed Fri 04/05 3:00 PM WAIVER OF SERVICE Returned Executed by Nevaeh Staley, Derrick Staley. Deborah Stworzydlak waiver sent on 4/5/2024, answer due 6/4/2024. (Noonan, Timothy) Related: [-]
19		19 motion Dismiss Fri 04/05 2:55 PM First MOTION to Dismiss by Deborah Stworzydlak. Responses due by 4/19/2024.(Sasiadek, Christopher) Related: [-]
		Att: 1 Declaration,
		Att: 2 Exhibit A,
		Att: 3 Exhibit B,
		Att: 4 Exhibit C,
		Att: 5 Exhibit D,
		Att: 6 Exhibit E,
		Att: 7 Exhibit F,
		Att: 8 Exhibit G,
		Att: 9 Exhibit H,
		Att: 10 Memorandum in Support
Tuesday, March 26, 2024
18		18 order Order on Motion for Extension of Time to File Response/Reply Tue 03/26 1:02 PM TEXT ORDER: Plaintiffs' motion17 to extend their time to file a response is granted. Plaintiffs' response to defendants' motion to dismiss15 shall be filed by April 17, 2024. Reply, if any, should be filed by April 24, 2024, after which time the motion will be taken under advisement without oral argument unless otherwise deemed necessary or requested by the parties. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/26/2024. (EG) Reply date corrected on 3/26/2024 (EG) Related: [-]
17		17 motion Extension of Time to File Response/Reply Tue 03/26 11:17 AM MOTION for Extension of Time to File Response/Reply to Dkt. 15 by Derrick Staley, Nevaeh Staley.(Noonan, Timothy) Related: [-]
		Att: 1 Declaration of Timothy P. Noonan in Support of Motion to Extend with Exhibits A & B
Wednesday, March 20, 2024
16		16 order Text Order Wed 03/20 9:58 AM TEXT ORDER: Plaintiff's response to defendants' motion to dismiss15 shall be filed by April 2, 2024. Reply, if any, should be filed by April 5, 2024, after which time the motion will be taken under advisement without oral argument unless otherwise deemed necessary or requested by the parties. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/20/2024. (EG) Related: [-]
Tuesday, March 19, 2024
15		15 motion Dismiss Tue 03/19 7:21 PM MOTION to Dismiss by Ahmed Abdo, Buffalo Police, Joseph Fischer, Christina Ihle, Johnathan Jackson, Eric Prentiss, Allysa Taborn, The City of Buffalo. Responses due by 3/4/2025.(Quinn, Robert) Related: [-]
		Att: 1 Declaration,
		Att: 2 Exhibit A - Complaint,
		Att: 3 Exhibit B - Docket,
		Att: 4 Exhibit C - Order,
		Att: 5 Exhibit D - Summons,
		Att: 6 Exhibit E - Letter,
		Att: 7 Exhibit F - Amended Complaint,
		Att: 8 Memorandum in Support
Thursday, January 25, 2024
14		14 service Summons Reissued Thu 01/25 12:48 PM Summons Reissued as to Ahmed Abdo, Joseph Fischer, Christina Ihle, Johnathan Jackson, Eric Prentiss, Deborah Stworzydlak, Allysa Taborn, The City of Buffalo. (TMK) Related: [-]
13		13 order Order Referring Case to Magistrate Judge Thu 01/25 8:53 AM TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. � 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. � 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. � 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/25/2024. (KLH) Related: [-]
Wednesday, January 24, 2024
12		12 motion Consolidate Cases Wed 01/24 3:00 PM MOTION to Consolidate Cases by new plaintiff Nevaeh Staley and by Derrick Staley.(Noonan, Timothy) Related: [-]
		Att: 1 Declaration of Timothy P. Noonan in Support of Plaintiffs' Motion to Consolidate,
		Att: 2 Memorandum in Support
11		11 cmp Amended Complaint Wed 01/24 12:18 PM AMENDED COMPLAINT filed by Derrick Staley & Nevaeh Staley against The City of Buffalo, Ahmed Abdo, Allysa Taborn, Eric Prentiss, Johnathan Jackson, Christina Ihle, Joseph Fischer, Deborah Stworzydiak, filed by Derrick Staley.(Noonan, Timothy) Related: [-]
		Att: 1 Summons - The City of Buffalo,
		Att: 2 Summons - Ahmed Abdo, Individually and in his capacity as a Buffalo Police Officer,
		Att: 3 Summons - Allysa Taborn, Individually and in her capacity as a Buffalo Police Officer,
		Att: 4 Summons - Eric Prentiss, Individually and in his capacity as a Buffalo Police Officer,
		Att: 5 Summons - Johnathan Jackson, Individually and in his capacity as a Buffalo Police Officer,
		Att: 6 Summons - Christina Ihle, Individually and in her capacity as a Buffalo Police Officer,
		Att: 7 Summons - Joseph Fischer, Individually and in his capacity as a Detective for the City of Buffalo,
		Att: 8 Summons - Deborah Stworzydlak, Individually and in her official capacity as a caseworker for Erie County Child Protective Services
Tuesday, January 09, 2024
10		10 notice Notice of Appearance Tue 01/09 12:01 PM NOTICE of Appearance by R. Anthony Rupp, III on behalf of Derrick Staley (Rupp, R.) Related: [-]
9		9 notice Notice of Appearance Tue 01/09 11:58 AM NOTICE of Appearance by Timothy P. Noonan, Jr on behalf of Derrick Staley (Noonan, Timothy) Related: [-]
8		8 notice Notice of Appearance Tue 01/09 11:50 AM NOTICE of Appearance by Chad A. Davenport on behalf of Derrick Staley (Davenport, Chad) Related: [-]
Friday, October 27, 2023
7		7 misc Letter Fri 10/27 11:47 AM Letter filed by Derrick Staley as to Buffalo Police Letter to Hon. John Sinatra, Jr. regarding status update . (Noonan, Timothy) Related: [-]
Friday, October 06, 2023
		service Summons Reissued Fri 10/06 10:41 AM Summons Reissued as to Buffalo Police and mailed to Plaintiff (CGJ) Related: [-]
Thursday, March 30, 2023
6		6 service Summons Returned Unexecuted Thu 03/30 4:13 PM Summons Returned Unexecuted by Derrick Staley as to Buffalo Police. (KM) Related: [-]
Wednesday, February 08, 2023
		utility Remark Wed 02/08 1:02 PM Remark - Plaintiff provided a second set of blank forms which he completed and delivered with the payment to the U.S. Marshal's office. (KM) Related: [-]
Wednesday, January 04, 2023
5		5 2 pgs order Order on Motion for Service by US Marshal Thu 01/05 4:38 PM ORDER granting4 Motion for Service by US Marshal. Signed by Hon. John L. Sinatra, Jr. on 1/4/2023. (KM) Related: [-]
4		4 motion Service by US Marshal Wed 01/04 2:00 PM MOTION for Service by US Marshal by Derrick Staley.(KM) Related: [-]
Tuesday, December 13, 2022
		utility Remark Tue 12/13 10:44 AM Remark: Pursuant to the pro se unit, the Clerk's Office mailed the plaintiff the forms for summons, marshal service and the motion for Marshal Service. (KM) Related: [-]
Tuesday, October 11, 2022
		misc Filing Fee Received Tue 10/11 11:20 AM Filing fee received: $ 402.00, receipt number BUF076978 (KM) Related: [-]
Thursday, September 15, 2022
3		3 4 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 09/15 4:14 PM DECISION and ORDER denying without prejudice2 Motion for Leave to Proceed in forma pauperis. Staley's failure pay the filing fee or submit an amended application for in forma pauperis by October 17, 2022 will result in dismissal of this action. If Staley does not pay the filing fee or file an amended in forma pauperis application by October 17, 2022, the Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 9/15/2022. (KM) Related: [-]
Wednesday, August 17, 2022
2		2 motion Proceed In Forma Pauperis Wed 08/17 3:20 PM MOTION for Leave to Proceed in forma pauperis by Derrick Staley.(KM) Related: [-]
1		1 cmp Complaint Wed 08/17 3:18 PM COMPLAINT against Buffalo Police, filed by Derrick Staley.(KM) Related: [-]
		Att: 1 Civil Cover Sheet
		Plaintiff given Pro Se Packet which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, Pro Se Assistance Program. (KM) Modified on 8/17/2022 to correct entry (KM). Related: [-]
		adr Automatic Referral to Mediation Wed 08/17 4:31 PM AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] . Plan mailed to plaintiff.(KM) Related: [-]
		utility Remark Wed 08/17 3:25 PM Plaintiff given Pro Se Packet which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, Pro Se Assistance Program. (KM) Modified on 8/17/2022 to correct entry (KM) Related: [-]

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