Dickens et al v. County of Allegany et al
| New York Western District Court | |
| Judge: | Lawrence J Vilardo |
| Referred: | Jeremiah J Mccarthy |
| Case #: | 1:23-cv-01332 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Dec 28, 2023 |
| Last checked: Saturday Jun 29, 2024 5:30 AM EDT |
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Defendant
County of Allegany
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Represented By
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Defendant
Terri L. Ross
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Represented By
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Plaintiff
Raymond Chouinard
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Represented By
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Plaintiff
Mark Dickens
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Represented By
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Plaintiff
Thomas Eckrote
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Represented By
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Plaintiff
Richard Harding
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Represented By
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Plaintiff
Darci Hoberg
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Represented By
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Plaintiff
Kathie Rainero
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Represented By
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Plaintiff
Shane Schroeder
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Represented By
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Plaintiff
David Barry
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Represented By
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| Docket last updated: 05/05/2025 11:59 PM EDT |
| Thursday, April 24, 2025 | ||
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utility
E-Filing Notification Missing Caption/Case Number
Thu 04/24 9:30 AM
E-Filing Notification: Incorrect case number listed on40 ,41 ,42 ,43 filings. In future filings, please notate correct case number. (DMK) |
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| Wednesday, April 23, 2025 | ||
| 44 | 44
order
Order on Motion for Miscellaneous Relief
Wed 04/23 4:22 PM
TEXT ORDER: plaintiff's motions [40, 41, 42, 43] for a waiver of the local counsel requirement of Loc. R. Civ. P. 83.2(a)(1) are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/23/2025. (JD) |
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| 43 | 43
motion
Miscellaneous Relief
Wed 04/23 3:48 PM
RESPONSE in Support re38 Amended MOTION to appear pro hac vice Patrick J. Perotti ,36 MOTION to appear pro hac vice PATRICK J. PEROTTI ( Filing fee $ 200 receipt number ANYWDC-5450865.) filed by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Giglio, David) Modified on 4/23/2025: converted to motion (JD) |
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Att: 1
Declaration in support of Patrick Perotti motion to appear pro hac vice
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| 42 | 42
motion
Miscellaneous Relief
Wed 04/23 3:46 PM
RESPONSE in Support re35 MOTION to appear pro hac vice Patrick J. Brickman ( Filing fee $ 200 receipt number ANYWDC-5450765.),37 Amended MOTION to appear pro hac vice Patrick J. Brickman filed by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Giglio, David) Modified on 4/23/2025: converted to motion (JD) |
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Att: 1
Declaration in support of Patrick Brickman motion to appear pro hac vice
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| 41 | 41
motion
Miscellaneous Relief
Wed 04/23 2:41 PM
RESPONSE in Support re38 Amended MOTION to appear pro hac vice Patrick J. Perotti ,36 MOTION to appear pro hac vice PATRICK J. PEROTTI ( Filing fee $ 200 receipt number ANYWDC-5450865.) filed by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Giglio, David) Modified on 4/23/2025: converted to motion (JD) |
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Att: 1
Declaration declaration in support of waiver of local counsel requirement
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| 40 | 40
motion
Miscellaneous Relief
Wed 04/23 2:39 PM
RESPONSE in Support re35 MOTION to appear pro hac vice Patrick J. Brickman ( Filing fee $ 200 receipt number ANYWDC-5450765.),37 Amended MOTION to appear pro hac vice Patrick J. Brickman filed by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Giglio, David) Modified on 4/23/2025: converted to motion (JD) |
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Att: 1
Declaration
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| Wednesday, April 09, 2025 | ||
| 39 | 39
order
Order on Motion for Pro Hac Vice
Wed 04/09 10:45 AM
TEXT ORDER: the motions of Patrick J. Perotti and Patrick J. Brickman for pro hac vice admission [35, 36, 37, 38] are granted on the condition that they either obtain local counsel as required by Loc. R. Civ. P. 83.2(a)(1) or a waiver of that requirement by April 23, 2025. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/9/2025. (JD) |
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| Tuesday, April 08, 2025 | ||
| 38 | 38
motion
Appear Pro Hac Vice
Tue 04/08 4:41 PM
Amended MOTION to appear pro hac vice Patrick J. Perotti by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Carpinello, George) |
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| 37 | 37
motion
Appear Pro Hac Vice
Tue 04/08 4:38 PM
Amended MOTION to appear pro hac vice Patrick J. Brickman by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Carpinello, George) |
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| 36 | 36
motion
Appear Pro Hac Vice
Tue 04/08 3:22 PM
MOTION to appear pro hac vice PATRICK J. PEROTTI ( Filing fee $ 200 receipt number ANYWDC-5450865.) by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Carpinello, George) |
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| 35 | 35
motion
Appear Pro Hac Vice
Tue 04/08 2:29 PM
MOTION to appear pro hac vice Patrick J. Brickman ( Filing fee $ 200 receipt number ANYWDC-5450765.) by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Carpinello, George) |
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| 34 | 34
6
pgs
order
Order on Motion for Leave to File
Tue 04/08 12:53 PM
DECISION AND ORDER re32 motion for leave to file second amended complaint. Signed by Hon. Jeremiah J. McCarthy on 4/8/2025. (JD) |
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| Monday, April 07, 2025 | ||
| 33 | 33
notice
Notice of Appearance
Mon 04/07 12:37 PM
NOTICE of Appearance by Nicholas Clyde Roberts on behalf of All Defendants (Roberts, Nicholas) |
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| Tuesday, April 01, 2025 | ||
| 32 | 32
motion
Leave to File Document
Tue 04/01 3:40 PM
First MOTION for Leave to File Second Amended Complaint by Robert B. Calihan, Esq, Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Giglio, David) |
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Att: 1
Exhibit proposed 2nd amd complaint,
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Att: 2
Exhibit Exhibit B-Redlined Version of Proposed Second Amended Complaint,
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Att: 3
Exhibit Notice of Motion,
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Att: 4
Declaration Declaration of David Giglio
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| Monday, March 24, 2025 | ||
| 31 | 31
order
Order on Motion for Leave to File
Mon 03/24 9:41 AM
TEXT ORDER: Plaintiff's motion for leave to file a Second Amended Complaint30 is denied, without prejudice to refiling upon a showing of good cause for failing to meet my Case Management Order's February 3, 2025 deadline for motions to amend (26 , paragraph 5). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/24/2025. (JLV) |
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| Sunday, March 23, 2025 | ||
| 30 | 30
motion
Leave to File Document
Sun 03/23 11:23 AM
First MOTION for Leave to File Second Amended Complaint by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder.(Giglio, David) |
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Att: 1
Exhibit Exhibit A-Proposed Second Amended Complaint,
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Att: 2
Exhibit Exhibit B-Redlined Version of Proposed Second Amended Complaint,
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Att: 3
Exhibit Notice of Motion,
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Att: 4
Declaration Declaration of David Giglio
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| Friday, March 21, 2025 | ||
| 29 | 29
notice
Notice of Appearance
Fri 03/21 9:12 PM
NOTICE of Appearance by George F. Carpinello on behalf of All Plaintiffs (Carpinello, George) |
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| Tuesday, February 25, 2025 | ||
| 28 | 28
misc
Status Report
Tue 02/25 2:53 PM
STATUS REPORT by Mark Dickens, David Barry, Raymond Chouinard, Richard Harding, Thomas Eckrote, Kathie Rainero, Darci Hoberg, Russell Hill, Shane Schroeder. (Giglio, David) |
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| Friday, November 08, 2024 | ||
| 27 | 27
adr
Stipulation-Selection of Mediator
Fri 11/08 1:52 PM
Stipulation-Selection of Mediator by Terri L. Ross, County of Allegany(Flansburg, Chad) |
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| Friday, October 18, 2024 | ||
| 26 | 26
order
Scheduling Order
Fri 10/18 10:24 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 10/18/24. (MDY) |
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minutes
Pretrial Conference - Initial
Fri 10/18 10:17 AM
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Preliminary Pretrial Conference held on 10/18/2024. Counsel for the parties appear by telephone. Initial issues relating to joinder of parties briefly discussed. Case Management Order (CMO) dates 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): David Giglio for plaintiffs; Chad Flansburg for defendants (FTR Gold) (EG) |
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| Friday, September 20, 2024 | ||
| 24 | 24
order
Pretrial Order ~Util - Set Hearings
Fri 09/20 1:35 PM
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for 10/18/2024 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. It remains the parties' responsibility to read and comply with the attached Order. Signed by Hon. Jeremiah J. McCarthy on 9/20/2024. (EG) |
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| 23 | 23
order
Order Referring Case to Magistrate Judge
Fri 09/20 11:19 AM
TEXT REFERRAL ORDER - 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), 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 the Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/20/2024. (ZHM) |
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| Wednesday, September 18, 2024 | ||
| 22 | 22
answer
Answer to Amended Complaint
Wed 09/18 2:56 PM
ANSWER to21 Amended Complaint by County of Allegany, Terri L. Ross.(Flansburg, Chad) |
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| Monday, August 19, 2024 | ||
| 21 | 21
cmp
Amended Complaint
Mon 08/19 12:41 PM
AMENDED COMPLAINT against All Defendants, filed by Kathie Rainero, Raymond Chouinard, Darci Hoberg, David Barry, Shane Schroeder, Mark Dickens, Richard Harding, Thomas Eckrote.(Giglio, David) |
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Att: 1
Certificate of Service
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| Thursday, August 15, 2024 | ||
| 20 | 20
order
Text Order ~Util - Terminate Motions
Thu 08/15 4:12 PM
TEXT ORDER: On 4/19/2024, this Court granted the defendants' unopposed motion to stay this case pending resolution of a motion to transfer before the Judicial Panel on Multidistrict Litigation. Docket Item 13 . On 8/14/2024, the plaintiffs filed a letter informing the Court that the Judicial Panel on Multidistrict Litigation denied the motion to transfer. Docket Item19 . The Clerk of the Court therefore shall lift the stay. The plaintiffs also requested a status conference to discuss "a timeline for an answer" and their intention "to amend the complaint and add a new plaintiff." Id. The Court finds that a status conference is unnecessary at this juncture; the plaintiffs may amend the complaint within 30 days of the date of this order and the defendants shall respond to any amended complaint within 30 days of the date the amended complaint is filed. If the plaintiffs do not file an amended complaint, the defendants shall respond to the complaint within 60 days of the date of this order. The parties may move for an extension of time if necessary. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/15/2024. (DJ) |
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| 19 | 19
motion
Vacate
Thu 08/15 11:45 AM
MOTION to Vacate Case Stayed by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder.(Giglio, David) |
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utility
E-Filing Notification
Thu 08/15 11:15 AM
E-Filing Notification regarding18 LETTER: this document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (SG) |
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| Wednesday, August 14, 2024 | ||
| 18 | 18
misc
Letter
Wed 08/14 2:14 PM
Letter filed by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder Status Update and request conference . (Giglio, David) |
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| Tuesday, August 06, 2024 | ||
| 17 | 17
5
pgs
order
Order
Tue 08/06 11:06 AM
MDL ORDER denying transfer/centralization of actions listed in Schedule A. Signed by Nathaniel M. Gorton, Acting Chair of the Multidistrict Litigation Panel.(SG) |
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| Monday, July 22, 2024 | ||
| 16 | 16
order
Text Order
Mon 07/22 10:50 AM
TEXT ORDER: The parties shall file a status report by 10/22/2024 updating the Court on the status of the transfer motion. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/22/2024. (DJ) |
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| Thursday, July 18, 2024 | ||
| 15 | 15
misc
Letter
Thu 07/18 1:51 PM
Letter filed by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder . (Giglio, David) |
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| 14 | 14
misc
Letter
Thu 07/18 11:06 AM
Letter filed by County of Allegany, Terri L. Ross . (Flansburg, Chad) |
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| Friday, April 19, 2024 | ||
| 13 | 13
order
Text Order ~Util - Terminate Motions
Fri 04/19 12:12 PM
TEXT ORDER: The unopposed motion to stay filed by the defendants, Docket Item12 , is GRANTED. The Clerk of the Court shall stay this case. All deadlines shall be held in abeyance pending resolution of the motion to transfer before the Judicial Panel on Multidistrict Litigation. The parties shall file a status report by 7/18/2024 updating the Court on the status of the transfer motion. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/19/2024. (DJ) |
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utility
Case Stayed
Mon 04/22 11:55 AM
Case Stayed (SG) |
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| Thursday, April 18, 2024 | ||
| 12 | 12
motion
Stay
Thu 04/18 3:32 PM
First MOTION to Stay by County of Allegany, Terri L. Ross.(Flansburg, Chad) |
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| Friday, March 29, 2024 | ||
| 11 | 11
order
Text Order
Fri 03/29 3:14 PM
TEXT ORDER: The stipulation, Docket Item10 , extending the defendants' time to respond to the complaint until 5/7/2024 is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/29/2024. (DJ) |
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| 10 | 10
misc
Stipulation
Fri 03/29 1:50 PM
STIPULATION re1 Complaint, by Terri L. Ross. (Flansburg, Chad) |
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| Tuesday, February 20, 2024 | ||
| 9 | 9
service
Affidavit of Service
Tue 02/20 10:42 AM
AFFIDAVIT of Service for Complaint, Summons, Civil Cover Sheet served on Jeanne Kelly for Terri Ross, Treasurer on 1/17/24, filed by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder. (Giglio, David) |
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| 8 | 8
service
Affidavit of Service
Tue 02/20 10:40 AM
AFFIDAVIT of Service for Complaint, Summons, Civil Cover Sheet served on Aaron Moore for County of Allegany on 1/17/24, filed by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder. (Giglio, David) |
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| Wednesday, February 14, 2024 | ||
| 7 | 7
order
Text Order
Wed 02/14 8:59 AM
TEXT ORDER: The stipulation, Docket Item6 , extending the defendants' time to respond to the complaint until 4/16/2024 and amending the caption of the summons is SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/14/2024. (DJ) |
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| Tuesday, February 13, 2024 | ||
| 6 | 6
misc
Stipulation
Tue 02/13 2:30 PM
STIPULATION re1 Complaint, by County of Allegany, Terri Ross. (Flansburg, Chad) |
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| Friday, February 09, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Fri 02/09 1:50 PM
NOTICE of Appearance by Chad W. Flansburg on behalf of County of Allegany, Terri Ross (Flansburg, Chad) |
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| Monday, January 08, 2024 | ||
| 4 | 4
notice
Notice of Change of Address
Mon 01/08 11:20 AM
NOTICE of Change of Address by David M. Giglio (Giglio, David) |
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| Friday, January 05, 2024 | ||
| 3 | 3
service
Summons Issued
Fri 01/05 12:00 PM
Summons Issued as to County of Allegany, Terri Ross. (SG) |
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| Thursday, January 04, 2024 | ||
| 2 | 2
misc
Continuation of Exhibits
Thu 01/04 3:50 PM
CONTINUATION OF EXHIBITS by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder. to1 Complaint, filed by David Barry, Raymond Chouinard, Mark Dickens, Thomas Eckrote, Richard Harding, Darci Hoberg, Kathie Rainero, Shane Schroeder.(Giglio, David) |
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Att: 1
Proposed Summons
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utility
Case Assigned/Reassigned
Thu 01/04 1:22 PM
Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG) |
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adr
Automatic Referral to Mediation
Thu 01/04 1:23 PM
AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(SG) |
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notice
Notice of Availability of Magistrate Judge
Thu 01/04 1:23 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] . (SG) |
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utility
E-Filing Notification
Thu 01/04 1:34 PM
E-Filing Notification: re1 COMPLAINT, attorney is directed to submit an AO-440 Summons for each individual defendant using the Continuation of Exhibits event, found under Responses and Replies. (SG) |
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| Thursday, December 28, 2023 | ||
| 1 | 1
26
pgs
cmp
Complaint
Thu 12/28 4:06 PM
COMPLAINT Mark Dickens et al against County of Allegany, Terri Ross $ 405 receipt number ANYWDC-5067438, filed by Kathie Rainero, Raymond Chouinard, Darci Hoberg, David B. Barry, Shane Schroeder, Mark Dickens, Richard Harding, Thomas Eckrote.(Giglio, David) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Supplement Proposed Summons
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