Woods v. Doe et al
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Referred: | Mark W Pedersen |
| Case #: | 6:23-cv-06115 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Feb 13, 2023 |
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| Docket last updated: 5 hours ago |
| Wednesday, February 19, 2025 | ||
| 46 | 46
4
pgs
order
Order ~Util - Set Hearings
Wed 02/19 1:44 PM
ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 6/9/2025 at 9:00 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. Persons with ultimate settlement authority must be personally present or readily available by phone. Any counsel appearing without authority to negotiate, or without the ability to readily contact the person with full and ultimate settlement authority throughout the settlement conference may be sanctioned. Signed by Hon. Mark W. Pedersen on 2/19/2025. (JB) |
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| 45 | 45
order
Order on Motion for Extension of Time to Complete Discovery
Wed 02/19 1:38 PM
MINUTE ENTRY AND TEXT ORDER granting in part and denying in part40 Motion for Extension of Time to Complete Discovery. Discovery Hearing held before the Hon. Mark W. Pedersen on 2/19/25. Appearances: Alissa M. Brennan, Esq., for the County Defendants (in-person); Brian M. Dratch, Esq., for Plaintiff (by videoconference). During today's hearing, the Court heard from the parties about the County Defendants' pending extension request. (ECF No.40 .) Plaintiff consents to the County Defendants' proposed extension of deadlines. The Court orders several of the deadlines (set forth below) extended. However, the Court denied on the record the County Defendants' request to permit the County Defendants' late post-deposition discovery requests served on January 27, 2025. Accordingly, for the reasons stated on the record during today's discovery hearing, the Court GRANTS the parties' application to extend the following deadlines and sets them as follows: (1) any IME of Plaintiff (including any associated report) must be completed by May 30, 2025; (2) all expert discovery must be completed by no later than June 30, 2025; and (3) any dispositive motions are due by August 1, 2025. Pursuant to Fed. R. Civ. P. 16(b)(4)'s good cause requirement, which includes diligence, the Court DENIES the County Defendants' request for an extension concerning the County Defendants' post-deposition discovery requests of Plaintiff served on January 27, 2025. See Cardew v. New York State Dep't of Corr. & Cmty. Supervision , 743 F. Supp. 3d 523, 526 (W.D.N.Y. 2024) ("Whether good cause exists turns on the 'diligence of the moving party.'" (quoting Callahan v. Cnty. of Suffolk , 96 F.4th 362, 370 (2d Cir. 2024))). "Good cause exists where the moving party is unable to comply with a required deadline despite the exercise of due diligence." Id. at 527 (quotation omitted). I do not find diligence concerning the January 27 discovery requests. Here, the County Defendants served these requests well after the close of discovery. As such, they are untimely, requiring an extension. But it appears that the County Defendants had ample time to serve them since Plaintiff was apparently deposed before fact discovery closed. (Letter at 1, ECF No. 34 , Nov. 1, 2024 ("Since I last wrote the Court, the depositions of Plaintiff [and others] were taken." (alteration added)).) The County Defendants have not given the Court adequate reason to believe that there was not ample time to serve these requests within the applicable deadline. Moreover, it is unclear why the January 27 requests came so far after the close of fact discovery. Although the Court is sympathetic to the Deputy County Attorney's caseload, unfortunately, "attorney... oversight is not a sufficient basis for a court to amend a Scheduling Order pursuant to Rule 16(b)." Engles v. Jones , 405 F. Supp. 3d 397, 407 (W.D.N.Y. 2019) (quotation omitted). For these reasons, the County Defendants' request for an extension for Plaintiff to answer the January 27 requests is DENIED. Plaintiff may, but shall not be required, to answer those requests. SO ORDERED. Signed by Hon. Mark W. Pedersen on 2/19/25. (Hartsough, Harrison) |
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| Tuesday, February 18, 2025 | ||
| 44 | 44
order
Text Order
Tue 02/18 2:52 PM
TEXT ORDER: Plaintiff's counsel may appear by videoconference for tomorrow's conference. Shortly before the conference, the Court will provide a Zoom link. SO ORDERED. Signed by Hon. Mark W. Pedersen on 2/18/25. (Hartsough, Harrison) |
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| Tuesday, February 04, 2025 | ||
| 43 | 43
misc
Letter
Tue 02/04 3:19 PM
Letter filed by Isaiah Charles Woods. (Dratch, Brian) |
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| 42 | 42
order
Text Order ~Util - Set Hearings
Tue 02/04 3:05 PM
TEXT ORDER: Case Management Conference set for 2/19/2025 at 10:30 AM in Courtroom 5, 1st Floor, 100 State Street, Rochester NY before Hon. Mark W. Pedersen. The Court is aware of Plaintiff's request for a remote appearance, and reserves decision as to whether or not to grant the request at this time. SO ORDERED. Signed by Hon. Mark W. Pedersen on 2/4/2025. (JB) |
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| Wednesday, January 29, 2025 | ||
| 41 | 41
misc
Continuation of Exhibits
Wed 01/29 3:43 PM
CONTINUATION OF EXHIBITS to40 Amended MOTION for Extension of Time to Complete Discovery and Extension of Other Deadlines; and a Court Conference re: same Defendants' Post-EBT Demand to Plaintiff . (Brennan, Alissa) |
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| 40 | 40
motion
Extension of Time to Complete Discovery
Wed 01/29 2:53 PM
Amended MOTION for Extension of Time to Complete Discovery and Extension of Other Deadlines; and a Court Conference re: same by Sean Zglinicki, Taylor, Mario Gentile.(Brennan, Alissa) |
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Att: 1
Exhibit Revised Proposed Amended Scheduling Order
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| 39 | 39
order
Order on Motion for Extension of Time to Complete Discovery
Wed 01/29 12:21 PM
TEXT ORDER denying38 Motion for Extension of Time to Complete Discovery. The Court has reviewed the parties' joint request for an extension of deadlines. For the following reasons, the parties' motion is DENIED with leave to renew to show good cause under Fed. R. Civ. P. 16(b)(4). First, the Court has repeatedly admonished the parties to follow the terms of its scheduling orders. (Text Orders, ECF Nos. 31 & 36.) The Court held a conference for similar reasons on July 11, 2024. (ECF No. 32.) The Court does not appreciate the parties' continued inability to follow Court directives. Second, the parties make no effort to explain why "additional time is necessary for post-EBT discovery to be completed, including for Plaintiff to provide responses to Defendants' post-EBT demands." (Letter Mot. at 1, ECF No. 38 .) It appears Plaintiff simply missed the default deadline set by the Federal Rules of Civil Procedure. Third, as with the Court's second point, it appears that Plaintiff has simply missed the Court's deadline for expert disclosures, despite the Court's admonishments about following the operative scheduling order. Fourth, the Court ordered that fact discovery be completed by November 1, 2024. (2d Am. Scheduling Order Para. 1, ECF No. 33.) However, the parties have added a provision to their proposed scheduling order requesting a deadline for "[a]ll paper discovery and depositions." It is not clear that the parties intend that this paragraph encompass only limited post-deposition discovery. If the parties believe they can demonstrate good cause pursuant to Fed. R. Civ. P. 16(b)(4) they may renew their application by letter motion on the docket requesting a conference with the undersigned. The parties will be expected to appear in-person for any conference the Court sets. In advance of any conference, the parties are ORDERED to review Judge McCarthy's on-point law review article: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.fclr.org/content/uploads/2024/04/McCarthey-corrected-pdf-42724.pdf. SO ORDERED. Signed by Hon. Mark W. Pedersen on 1/29/25. (Hartsough, Harrison) |
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| 38 | 38
motion
Extension of Time to Complete Discovery
Wed 01/29 10:37 AM
Consent MOTION for Extension of Time to Complete Discovery and Extension of Scheduling Order Deadlines by Sean Zglinicki, Taylor, Mario Gentile.(Brennan, Alissa) |
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Att: 1
Exhibit Proposed Amended Scheduling Order
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| Monday, November 25, 2024 | ||
| 37 | 37
order
Scheduling Order
Mon 11/25 11:14 AM
THIRD AMENDED SCHEDULING/CASE MANAGEMENT ORDER (PARTIES DIRECTED TO REVIEW ATTACHED ORDER FOR DEADLINES.) Signed by Hon. Mark W. Pedersen on 11/25/24. (Hartsough, Harrison) Modified on 11/25/2024 (Hartsough, Harrison) |
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utility
E-Filing Notification
Mon 11/25 11:16 AM
E-Filing Notification re:37 THIRD AMENDED SCHEDULING/CASE MANAGEMENT ORDER. Docket text updated to reflect correct title of document. NEFs regenerated. No action required. (Hartsough, Harrison) |
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| Friday, November 22, 2024 | ||
| 36 | 36
misc
Letter
Fri 11/22 2:00 PM
Letter filed by Isaiah Charles Woods for amended discovery end dates. . (Dratch, Brian) |
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| Friday, November 08, 2024 | ||
| 35 | 35
order
Order on Motion for Extension of Time re Transcript
Fri 11/08 7:50 AM
TEXT ORDER granting34 Motion for Extension of Deadlines. Although the Court ultimately grants the motion for an extension of deadlines, the parties have not complied with the operative scheduling order. First, the parties failed to request the extension "at least one week before the deadline to be extended." (2d Am. Scheduling Order Paragraph 6(a), ECF No. 33.) Second, the parties have not included "specific new dates that fall on a business day." ( Id. Paragraph 6(c).) The Court would be within its discretion to deny the parties' request. However, the Court will GRANT the parties' request, but ORDERS them to submit a status letter by no later than November 22, 2024, that provides dates as required by Paragraph 6(c) of the operative scheduling order. After that, the Court will prepare and docket an amended scheduling order. SO ORDERED. Signed by Hon. Mark W. Pedersen on 11/8/24. (Hartsough, Harrison) |
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| Monday, November 04, 2024 | ||
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utility
E-Filing Notification
Mon 11/04 2:04 PM
E-Filing Notification: Clerk revised docket text of34 to "LETTER MOTION for Extension of Time" to reflect correct filing event. (JHF) |
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| Friday, November 01, 2024 | ||
| 34 | 34
misc
Letter
Fri 11/01 9:24 PM
Letter filed by Sean Zglinicki, Taylor, Mario Gentile, Todd Baxter Regarding Discovery/Extension Request . (Brennan, Alissa) |
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| Tuesday, August 20, 2024 | ||
| 33 | 33
order
Scheduling Order
Tue 08/20 11:15 AM
SECOND AMENDED SCHEDULING/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.) Discovery completed by 11/1/2024. Motions to Compel Discovery due by 11/1/2024. Plaintiff Expert Witness ID due by 12/2/2024. Defendant Expert Witness ID due by 1/31/2025. Dispositive Motions due by 4/18/2025.. Signed by Hon. Mark W. Pedersen on 8/20/2024. (JB) |
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| Thursday, July 11, 2024 | ||
| 32 | 32
minutes
Scheduling Conference
Thu 07/11 10:53 AM
Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 7/11/2024. Appearances: Brian M. Dratch, Esq. for Plaintiff and Alissa M. Brennan, Esq., for Defendants. Court finds good cause under Fed. R. Civ. P. 16(b)(4) to issue amended scheduling order based on parties' representations. New scheduling order to contain the following deadlines: all fact discovery complete by November 1, 2024; motions to compel by the same date; Plaintiff's expert report and disclosure due by December 2, 2024; Defendants' expert report and disclosure due by January 31, 2025; all expert discovery completed by February 28, 2025; and dispositive motions due by April 18, 2025. Amended scheduling order to be issued. (Court Reporter AT&T Teleconference.) (Hartsough, Harrison) |
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| Friday, June 28, 2024 | ||
| 31 | 31
order
Text Order ~Util - Set Deadlines/Hearings
Fri 06/28 4:11 PM
TEXT ORDER re30 Letter filed by Defendants requesting an extension of deadlines. The Court notes that the letter requesting an extension of deadlines in this case does not propose specific new dates for all applicable deadlines falling on a business day. Counsel should be prepared to address this at the conference scheduling by this text order before the undersigned. Further, the Court does not find good cause to permit an extension absent an explanation of diligence. See Parker v. Columbia Pictures Indus. , 204 F.3d 326, 340 (2d Cir. 2000) ("[A] finding of good cause depends on the diligence of the moving party."). To address these problems, the Court has scheduled a telephone conference. Separately, future letter applications like this one should be made by letter motion. Scheduling Conference set for 7/11/2024 at 10:30 AM via telephone conference before Hon. Mark W. Pedersen. Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time using a telephone with a clear audio connection. Further, the use of a speakerphone affects the quality of the sound on the Court's conference system. Therefore, counsel is directed to refrain from the use of a speakerphone during this conference. SO ORDERED. Signed by Hon. Mark W. Pedersen on 6/28/24. (Hartsough, Harrison) |
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| Thursday, June 27, 2024 | ||
| 30 | 30
misc
Letter
Thu 06/27 10:09 AM
Letter filed by Mario Gentile, Taylor, Sean Zglinicki, Todd Baxter Joint Request for Extension of Scheduling Order . (Brennan, Alissa) |
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| Monday, April 08, 2024 | ||
| 29 | 29
order
Scheduling Order
Mon 04/08 8:48 AM
SCHEDULING/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.) Motions to Compel Discovery due by 6/27/2024. Discovery completed by 7/29/2024. Plaintiff Expert Witness ID due by 7/29/2024. Defendant Expert Witness ID due by 8/28/2024. Dispositive Motions due by 1/2/2025. NOTE: the deadlines for motions to amend, to join parties, and for mandatory disclosures have passed. This order does not extend those deadlines. The parties' joint letter request to extend deadlines referred vaguely to "discovery deadlines." The Court will require a more detailed explanation should the parties need additional time for motions to amend, join parties, or for mandatory disclosures. SO ORDERED. Signed by Hon. Mark W. Pedersen on 4/8/24. (Hartsough, Harrison) |
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| Friday, March 29, 2024 | ||
| 28 | 28
misc
Letter
Fri 03/29 4:13 PM
Letter filed by Mario Gentile, Taylor, Sean Zglinicki requesting extension with opposing counsel's consent . (Brennan, Alissa) |
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| Friday, September 29, 2023 | ||
| 27 | 27
order
Scheduling Order
Fri 09/29 10:56 AM
SCHEDULING/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.) Mandatory Disclosures due by 10/31/2023. Motions to Join Parties/Amend Pleadings due by 11/30/2023. Discovery completed by 3/29/2024. Motions to Compel Discovery due by 3/29/2024. Plaintiff Expert Witness ID due by 4/30/2024. Defendant Expert Witness ID due by 5/30/2024. Dispositive Motions due by 9/30/2024.. Signed by Hon. Mark W. Pedersen on 9/29/2023. (JB) |
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| Wednesday, September 27, 2023 | ||
| 26 | 26
minutes
Scheduling Conference
Thu 09/28 1:15 PM
Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 9/27/2023. Appearances: Brian M. Dratch, Esq. by phone; Alissa M. Brennan, Esq.. Parties agree to a proposed schedule, Scheduling Order to be issued. (Court Reporter AT&T Conference.) (JB) |
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| Monday, September 25, 2023 | ||
| 25 | 25
order
Order on Motion for Extension of Time to File
Mon 09/25 9:52 AM
TEXT ORDER denying3 Motion for Extension of Time to File. Plaintiff pro-se filed this motion (ECF No.3 ) seeking an order extending the three-year statute of limitations because his prior counsel had not communicated with him in eight to ten months. Subsequently, on August 30, 2023, new counsel entered an appearance (ECF No. 22 ). Now that Plaintiff is represented by counsel once again, the Court will deny his pro se motion for an extension (ECF No. 3 ) without prejudice to refiling should counsel so desire. Signed by Hon. Mark W. Pedersen on 9/25/23. (Pedersen, Mark) |
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| 24 | 24
order
Order on Motion to Appoint Counsel
Mon 09/25 9:23 AM
TEXT ORDER finding as moot20 Motion to Appoint Counsel. Plaintiff's letter motion, entered in the docket as a motion to appoint counsel, is, in fact, a motion to withdraw an earlier motion (ECF No.16 ) to appoint counsel. The Dratch Law Firm, P.C., has entered its appearance for Plaintiff, and the prior motion (ECF No. 16 ) was denied by and Order of U.S. District Judge Siragusa. Thus, Plaintiff's application to withdraw his earlier motion for appointment of counsel is moot. Signed by Hon. Mark W. Pedersen on 9/25/23. (Pedersen, Mark) |
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| Wednesday, August 30, 2023 | ||
| 22 | 22
notice
Notice of Appearance
Wed 08/30 9:37 AM
NOTICE of Appearance by Brian M. Dratch on behalf of Isaiah Charles Woods (Dratch, Brian) |
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| Wednesday, August 23, 2023 | ||
| 21 | 21
misc
Declaration
Wed 08/23 3:47 PM
DECLARATION re18 Answer to Complaint,19 Answer to Complaint filed by Mario Gentile, Sean Zglinicki of Service of Answer upon pro se Plaintiff . (Brennan, Alissa) |
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| 20 | 20
motion
Appoint Counsel
Wed 08/23 2:56 PM
MOTION to Appoint Counsel by Isaiah Charles Woods. (JHF) |
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| 19 | 19
answer
Answer to Complaint
Wed 08/23 9:37 AM
ANSWER to1 Complaint by Sean Zglinicki. (Brennan, Alissa) |
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| 18 | 18
answer
Answer to Complaint
Wed 08/23 9:33 AM
ANSWER to1 Complaint by Mario Gentile. (Brennan, Alissa) |
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| Thursday, August 17, 2023 | ||
| 17 | 17
3
pgs
order
Order on Motion to Appoint Counsel
Thu 08/17 10:42 AM
DECISION and ORDER denying16 Motion to Appoint Counsel. Signed by Hon. Charles J. Siragusa on 8/17/2023. (MJK) |
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| Wednesday, August 16, 2023 | ||
| 16 | 16
motion
Appoint Counsel
Wed 08/16 3:18 PM
MOTION to Appoint Counsel by Isaiah Charles Woods. (JHF) |
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| Monday, August 14, 2023 | ||
| 15 | 15
4
pgs
order
Order ~Util - Set Hearings
Mon 08/14 12:20 PM
ORDER: Scheduling Conference set for 9/27/2023 at 10:30 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. The proceeding will take place by telephone. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. The Court will make arrangements with Lakeview Shock Incarceration Correctional Facility for Plaintiff to be present by telephone for this conference. Signed by Hon. Mark W. Pedersen on 8/14/2023. (JB) |
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| Tuesday, August 08, 2023 | ||
| 14 | 14
service
Summons Returned Executed
Tue 08/08 3:06 PM
SUMMONS Returned Executed by Isaiah Charles Woods. Mario Gentile served on 8/2/2023, answer due 8/23/2023; Sean Zglinicki served on 8/2/2023, answer due 8/23/2023. (JHF) |
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| Friday, August 04, 2023 | ||
| 13 | 13
misc
Declaration
Fri 08/04 2:55 PM
DECLARATION re11 Answer to Complaint filed by Taylor of Service of Answer upon pro se Plaintiff . (Brennan, Alissa) |
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| Monday, July 31, 2023 | ||
| 12 | 12
order
Order Referring Case to Magistrate Judge
Mon 07/31 10:55 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Mark W. Pedersen. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 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. All non-dispositive 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. Section 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. Signed by Hon. Charles J. Siragusa on 7/31/2023. (KJA) |
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| Friday, July 28, 2023 | ||
| 11 | 11
answer
Answer to Complaint
Fri 07/28 1:51 PM
ANSWER to1 Complaint with Affirmative Defenses by Taylor.(Brennan, Alissa) |
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| Friday, July 21, 2023 | ||
| 10 | 10
misc
Letter-ProSe
Fri 07/21 11:34 AM
Letter from Isaiah Charles Woods, dated 7/15/23, to Clerk. Clerk mailed copy of docket sheet to plaintiff. (JHF) |
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Att: 1
Envelope
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utility
Remark
Fri 07/21 2:02 PM
Clerk updated defendant name "John Doe, IBM#4352 (Monroe County Jail Deputy)" to "Deputy Sean Zglinicki" and defendant name "John Doe, IBM#2990 (Monroe County Jail Corporal)" to "Deputy Mario Gentile" per7 Valentin response. (JHF) |
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service
Summons Issued
Fri 07/21 2:43 PM
Summons Issued as to Mario Gentile, Sean Zglinicki. Mailed to Buffalo USM for service. (JHF) |
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| Wednesday, July 12, 2023 | ||
| 9 | 9
order
Text Order
Wed 07/12 9:34 AM
TEXT ORDER granting Defendant's letter motion [ECF No. 8] seeking an extension of time to answer Plaintiff's complaint. For good cause shown, Defendant's answer must be filed and served on or before August 14, 2023. SO ORDERED. Signed by Hon. Charles J. Siragusa on 07/12/2023. (JCL) |
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| Tuesday, July 11, 2023 | ||
| 8 | 8
misc
Letter
Tue 07/11 4:02 PM
Letter filed by Taylor as to John Doe, Taylor, John Doe, Todd Baxter Requesting Extension of Answer Deadline . (Brennan, Alissa) |
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| Thursday, June 29, 2023 | ||
| 7 | 7
misc
Valentin Response
Thu 06/29 2:53 PM
Valentin response filed . (RE) |
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| Monday, June 26, 2023 | ||
| 6 | 6
service
Summons Returned Executed
Mon 06/26 5:07 PM
SUMMONS Returned Executed by Isaiah Charles Woods. Taylor served on 6/22/2023, answer due 7/13/2023. (JHF) |
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| Wednesday, May 24, 2023 | ||
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utility
Remark
Wed 05/24 11:17 AM
Clerk amended the defendants' names and party text in case caption per5 Order. (JHF) |
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utility
Remark
Wed 05/24 11:35 AM
Clerk mailed copy of1 Complaint and5 Order to John P. Bringewatt, County Attorney, 307 County Office Building, 39 W. Main Street, Rochester, NY 14614 per5 Order. (JHF) |
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service
Summons Issued
Wed 05/24 12:00 PM
Summons Issued as to Taylor. Mailed to Buffalo USM for service. (JHF) |
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| Tuesday, May 23, 2023 | ||
| 5 | 5
13
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Tue 05/23 3:09 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis. Plaintiff has met the statutory requirements of 28 U.S.C. § 1915(a) and filed an authorization with respect to the filing fee. Therefore his request to proceed in forma pauperis is granted. For the reasons discussed in the attached order, (1) Plaintiffs claims against Todd K. Baxter in their entirety and the other Defendants in their official capacity are dismissed with prejudice under §§ 1915(e)(2)(B) and 1915A(b), and (2) the United States Marshals Service is directed to serve the Summons and Complaint on Defendant Taylor, Jail Sergeant at the Monroe County Jail, 130 S. Plymouth Avenue, Rochester, New York 14614, and on Defendants John Doe, IBM #4352 (Monroe County Jail Deputy) and John Doe, IBM #2990 (Monroe County Jail Corporal), once identified, without Plaintiffs payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in Plaintiffs favor. Upon service, Defendants, pursuant to 42 U.S.C. § 1997e(g)(2), are directed to respond to the Complaint. The Clerk of Court is directed to forward a copy of this Order and the Complaint by first-class mail to John P. Bringewatt, County Attorney, 307 County Office Building, 39 W. Main. Street, Rochester, New York 14614. SO ORDERED.. Signed by Hon. Charles J. Siragusa on 5/23/2023. (JCL) |
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| Monday, May 15, 2023 | ||
| 4 | 4
notice
Notice of Change of Address
Mon 05/15 12:33 PM
NOTICE of Change of Address by Isaiah Charles Woods. Plaintiff's address changed to: Isaiah Charles Woods, 20-B-1056, LAKEVIEW SHOCK INCARCERATION CORRECTIONAL FACILITY, Box T, Brocton, NY 14716-9798. (JHF) |
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Att: 1
Envelope
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| Tuesday, February 21, 2023 | ||
| 3 | 3
motion
Extension of Time to File Document
Tue 02/21 2:57 PM
LETTER MOTION for Extension of Time to File by Isaiah Charles Woods, Isaiah Charles Woods. (JHF) |
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| Monday, February 13, 2023 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Tue 02/14 3:12 PM
MOTION for Leave to Proceed in forma pauperis by Isaiah Charles Woods. (JHF) |
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| 1 | 1
cmp
Complaint
Tue 02/14 3:06 PM
COMPLAINT against Todd K. Baxter, John Doe, John Doe, Taylor, filed by Isaiah Charles Woods. (JHF) (Main Document 1 replaced on 2/14/2023) (JHF) |
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notice
Notice of Availability of Magistrate Judge
Tue 02/14 3:15 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (JHF) |
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utility
Remark
Tue 02/14 3:16 PM
Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (JHF) |
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