New York Western District Court
Judge:Lawrence J Vilardo
Referred: Michael J Roemer
Case #: 1:23-cv-00812
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Aug 10, 2023
Terminated:Mar 06, 2024
Last checked: Tuesday Feb 06, 2024 3:46 AM EST
Defendant
County of Wyoming
11 Exchange Street P.O. Box 238
Attica, NY 14011
Represented By
Shannon B. O'Neill Vandermeer
Webster Szanyi, LLP
contact info
Michael P. McClaren
Webster Szanyi, LLP
contact info
Defendant
Deputy M. Sage
Wyoming County Sheriff's Department 151 N. Main Street
Warsaw, NY 14569
Represented By
Shannon B. O'Neill Vandermeer
Webster Szanyi, LLP
contact info
Michael P. McClaren
Webster Szanyi, LLP
contact info
Defendant
Captain E. Tamol
Wyoming County Sheriff's Department 151 N. Main Street
Warsaw, NY 14569
Represented By
Shannon B. O'Neill Vandermeer
Webster Szanyi, LLP
contact info
Michael P. McClaren
Webster Szanyi, LLP
contact info
Defendant
Deputy S. Omans
Wyoming County Sheriff's Office 151 N. Main Street
Warsaw, NY 14569
Represented By
Shannon B. O'Neill Vandermeer
Webster Szanyi, LLP
contact info
Michael P. McClaren
Webster Szanyi, LLP
contact info
Defendant
Gregory Rudolph
Represented By
Shannon B. O'Neill Vandermeer
Webster Szanyi, LLP
contact info
Michael P. McClaren
Webster Szanyi, LLP
contact info
Plaintiff
Daniel Warmus
Represented By
BrittanyLee Penberthy
Penberthy Law Group, LLP
contact info


Docket last updated: 10 hours ago
Wednesday, March 06, 2024
15 15 order Text Order Wed 03/06 9:03 AM
TEXT ORDER: The stipulation of dismissal with prejudice filed by the defendants, Docket Item14 , is ordered. The Clerk of the Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/6/2024. (DJ)
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Tuesday, March 05, 2024
14 14 misc Stipulation of Dismissal Tue 03/05 11:26 AM
STIPULATION of Dismissal to be "So Ordered" by County of Wyoming, S. Omans, Gregory Rudolph, M. Sage, E. Tamol. (Vandermeer, Shannon)
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Monday, February 05, 2024
13 13 order Text Order Mon 02/05 4:31 PM
TEXT ORDER re12 Status Report filed by County of Wyoming, S. Omans, Gregory Rudolph, M. Sage, E. Tamol. Deadlines in the8 Case Management Order shall be held in abeyance for thirty days due to a possible resolution in this matter. Parties shall file a status report as to anticipated resolution by 3/5/2024. SO ORDERED. Issued by Hon. Michael J. Roemer on 2/5/2024. (RAZ)
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12 12 misc Status Report Mon 02/05 2:53 PM
STATUS REPORT requesting scheduling order be held in abeyance by County of Wyoming, S. Omans, Gregory Rudolph, M. Sage, E. Tamol. (Vandermeer, Shannon)
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Tuesday, January 02, 2024
11 11 order Order on Motion for Extension of Time to Complete Discovery Tue 01/02 10:57 AM
TEXT ORDER granting10 Motion for Extension of Time to Complete Discovery. Deadlines in the8 Case Management Order shall be held in abeyance for thirty days due to a possible resolution in this matter. Parties shall file a status report as to anticipated resolution by 2/5/2024. SO ORDERED. Issued by Hon. Michael J. Roemer on 1/2/2024. (RAZ)
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Thursday, December 28, 2023
10 10 motion Extension of Time to Complete Discovery Thu 12/28 12:45 PM
First MOTION for Extension of Time to Complete Discovery by County of Wyoming, S. Omans, Gregory Rudolph, M. Sage, E. Tamol.(Vandermeer, Shannon)
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utility E-Filing Notification Thu 12/28 8:55 AM
E-Filing Notification:9 Letter; this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (JLV)
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Wednesday, December 27, 2023
9 9 misc Letter Wed 12/27 2:19 PM
Letter filed by S. Omans, E. Tamol, Gregory Rudolph, County of Wyoming, M. Sage as to S. Omans, E. Tamol, Gregory Rudolph, County of Wyoming, M. Sage Requesting Extension of the Deadlines to Exchange Initial Disclosures . (Vandermeer, Shannon)
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Monday, November 13, 2023
8 8 order Scheduling Order Mon 11/13 4:45 PM
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 12/27/2023. Stipulation of Selection of Mediator due by 12/30/2023. First Mediation Session due by 3/29/2024. Motions to Join Parties/Amend Pleadings due by 6/1/2024. Motions to Compel Discovery due by 7/30/2024. Discovery completed by 8/30/2024. Plaintiff Expert Witness ID due by 8/30/2024. Defendant Expert Witness ID due by 9/30/2024. Dispositive Motions due by 1/30/2025. Signed by Hon. Michael J. Roemer on 11/13/2023. (RAZ)
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Thursday, October 12, 2023
7 7 misc Proposed Pretrial Order Thu 10/12 11:56 AM
Proposed Pretrial Order by Daniel Warmus. (Penberthy, BrittanyLee)
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Tuesday, September 19, 2023
6 6 3 pgs order Order Tue 09/19 3:30 PM
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 9/19/2023. (RAZ)
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5 5 order Order Referring Case to Magistrate Judge Tue 09/19 11:10 AM
TEXT REFERRAL ORDER - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), 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 not 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), unless further ordered by this Court. 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. Lawrence J. Vilardo on 9/19/2023. (DJ)
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adr ADR Plan Tue 09/19 3:04 PM
ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(SG)
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Monday, September 18, 2023
4 4 answer Answer to Complaint Mon 09/18 4:23 PM
Defendants' ANSWER to Complaint from Plaintiff by County of Wyoming, S. Omans, Gregory Rudolph, M. Sage, E. Tamol.(Vandermeer, Shannon)
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Thursday, August 17, 2023
3 3 order Text Order Thu 08/17 10:56 AM
TEXT ORDER granting the defendants' request, Docket Item2 , for an extension of time to respond to the complaint. Answer or other response due by 9/18/2023. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/17/2023. (DJ)
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Wednesday, August 16, 2023
2 2 misc Letter Wed 08/16 4:45 PM
Letter filed by S. Omans, E. Tamol, Gregory Rudolph, County of Wyoming, M. Sage as to S. Omans, E. Tamol, Gregory Rudolph, County of Wyoming, M. Sage Letter Requesting Extension . (Vandermeer, Shannon)
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Friday, August 11, 2023
utility Case Assigned/Reassigned Fri 08/11 10:39 AM
Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
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adr Automatic Referral to Mediation Fri 08/11 10:39 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(TMK)
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notice Notice of Availability of Magistrate Judge Fri 08/11 10:39 AM
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] . (TMK)
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Thursday, August 10, 2023
1 1 notice Notice of Removal Thu 08/10 3:13 PM
NOTICE OF REMOVAL by County of Wyoming with Index of Documents Filed with State Court from State of New York Supreme Court: County of Wyoming, case number 9001556. (Filing fee $ 402 receipt number ANYWDC-4946719), filed by County of Wyoming.(Vandermeer, Shannon)
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Att: 1 Exhibit Exh A - State Court Summons & Complaint,
Att: 2 Civil Cover Sheet Civil Cover Sheet,
Att: 3 Certificate of Compliance,
Att: 4 Certificate of Service Certificate of Service