Smith et al v. City of Syracuse et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Therese Wiley Dancks |
| Case #: | 5:24-cv-01523 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Dec 13, 2024 |
| Last checked: Monday Jan 27, 2025 3:42 AM EST |
|
Defendant
Richard Bougourd
|
Represented By
|
|
Defendant
Joseph L. Cecile
|
Represented By
|
|
Defendant
City of Syracuse
|
Represented By
|
|
Defendant
Eric Gerace
|
Represented By
|
|
Defendant
Ryan Linnertz
|
Represented By
|
|
Defendant
Syracuse Police Department
|
Represented By
|
|
Defendant
The Chief of Police of the Syracuse Police Department
|
Represented By
|
|
Plaintiff
Christian Smith
|
Represented By
|
|
Plaintiff
Emree Smith
|
Represented By
|
| Docket last updated: 1 hours ago |
| Monday, May 19, 2025 | ||
| 22 | 22
order
Order on Letter Request
Mon 05/19 10:20 AM
TEXT ORDER granting Plaintiffs'21 letter-motion requesting an extension of time to file a response to Defendants'18 Motion for Judgment on the Pleadings on or before 6/12/2025. Any reply to this motion is due to be filed on or before 7/3/2025. SO ORDERED by U.S. District Judge Glenn T Suddaby on 5/19/2025. (sal) |
|
| Friday, May 16, 2025 | ||
| 21 | 21
motion
Letter Request/Motion
Fri 05/16 3:19 PM
Letter Motion from Joshua Gillette for Christian Smith, Emree Smith requesting adjournment of Defendants' motion submitted to Judge Glenn T. Suddaby . (Gillette, Joshua) |
|
| Friday, May 02, 2025 | ||
| 20 | 20
order
Order on Letter Request
Sat 05/03 2:07 PM
TEXT ORDER: Court reviewed defendants letter request, Dkt. No. 19, seeking to adjourn all discovery deadlines until a decision is issued on the pending motion to dismiss. See Dkt. No. 18. Letter request granted for the reason stated. All discovery deadlines are adjourned at this time and will be reset as necessary after a decision is issued on the motion to dismiss. SO ORDERED by U.S. District Judge Mae A. D'Agostino on 5/2/25. (lmw) |
|
| Thursday, May 01, 2025 | ||
| 19 | 19
motion
Letter Request/Motion
Thu 05/01 4:13 PM
Letter Motion from Counsel for Defendants for Richard Bougourd, Joseph L. Cecile, City of Syracuse, Eric Gerace, Ryan Linnertz, Syracuse Police Department, The Chief of Police of the Syracuse Police Department requesting a stay or extension of discovery submitted to Judge Suddaby . (Balin, Darienn) |
|
| 18 | 18
motion
Judgment on the Pleadings
Thu 05/01 3:20 PM
First MOTION for Judgment on the Pleadings filed by Richard Bougourd, Joseph L. Cecile, City of Syracuse, Eric Gerace, Ryan Linnertz, Syracuse Police Department, The Chief of Police of the Syracuse Police Department. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 5/22/2025. Reply to Response to Motion due by 5/29/2025 (Long, Todd) |
|
|
Att: 1
Memorandum of Law In Support Of Defendants Motion To Dismiss Pursuant To Fed R. Civ. P. Rules 12 and 8
|
||
| 17 | 17
order
Order on Letter Request
Thu 05/01 9:33 AM
TEXT ORDER granting Defendants'16 letter-motion requesting an extension of the page limit for the memorandum of law in support of their anticipated motion for judgment on the pleadings from 25 to 32 pages. SO ORDERED by U.S. District Judge Glenn T Suddaby on 5/1/2025. (sal ) |
|
| Tuesday, April 29, 2025 | ||
| 16 | 16
motion
Letter Request/Motion
Tue 04/29 4:09 PM
Letter Motion from Counsel for Defendants for Richard Bougourd, Joseph L. Cecile, City of Syracuse, Eric Gerace, Ryan Linnertz, Syracuse Police Department, The Chief of Police of the Syracuse Police Department requesting an extension of the page limit for Defendants' memorandum of law from 25 to 32 pages submitted to Judge Suddaby . (Balin, Darienn) |
|
| Monday, April 07, 2025 | ||
| 15 | 15
order
Order on Letter Request
Mon 04/07 9:32 AM
TEXT ORDER: Court reviewed letter request for a 30-day extension of discovery deadlines. Dkt. No.14 . Court grants the request as follows: responses to all written discovery demands shall be served by 5/2/2025. The joinder and amendment deadlines are extended to 5/30/2025. All other deadlines remain as previously established in Dkt. Nos.7 and8 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/7/25. (lmw) |
|
| Friday, April 04, 2025 | ||
| 14 | 14
motion
Letter Request/Motion
Fri 04/04 1:44 PM
Letter Motion from Counsel for Defendants for Richard Bougourd, Joseph L. Cecile, City of Syracuse, Eric Gerace, Ryan Linnertz, Syracuse Police Department, The Chief of Police of the Syracuse Police Department requesting a 30-day extension of the currently set discovery deadlines submitted to Judge Dancks . (Balin, Darienn) |
|
| Monday, March 24, 2025 | ||
| 13 | 13
6
pgs
order
Order on Motion for Protective Order
Mon 03/24 5:11 PM
ORDER approving #12 Protective Order Regarding Materials Containing Confidential Information. Signed by Magistrate Judge Therese Wiley Dancks on 3/24/25. (lmw) |
|
| Friday, March 21, 2025 | ||
| 12 | 12
motion
Protective Order
Fri 03/21 4:41 PM
MOTION for Protective Order Proposed Protective Order (consented to by the parties) filed by Richard Bougourd, Joseph L. Cecile, City of Syracuse, Eric Gerace, Ryan Linnertz, Syracuse Police Department, The Chief of Police of the Syracuse Police Department. Response to Motion due by 4/11/2025 Motions referred to Therese Wiley Dancks. (Balin, Darienn) |
|
| Monday, March 03, 2025 | ||
| 11 | 11
order
Order on Letter Request
Mon 03/03 4:26 PM
TEXT ORDER : Court reviewed defendants' letter request (Dkt. No.10 ) for an extension of time to serve written discovery demands which is granted although the request was not submitted in a timely fashion. All written discovery demands must be served by 3/5/2025. Responses shall be served by 4/4/2025. A stipulated protective order, if necessary, should be submitted for court approval by 3/21/2025. All other deadlines remain as previously established in Dkt. Nos.7 ,8 , and 9 . (Notice of Compliance Deadline 3/21/2025- stipulated protective order to be submitted, if necessary.) SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/3/2025. (sg) |
|
| Friday, February 28, 2025 | ||
| 10 | 10
motion
Letter Request/Motion
Fri 02/28 4:20 PM
Letter Motion from Counsel for Defendants for The Chief of Police of the Syracuse Police Department, Ryan Linnertz, Eric Gerace, Richard Bougourd, City of Syracuse, Syracuse Police Department, Joseph L. Cecile requesting an extension of the deadline to serve Rule 33 and 34 demands submitted to Judge Dancks . (Balin, Darienn) |
|
| Wednesday, January 15, 2025 | ||
| 9 | 9
order
Status Report Order
Wed 01/15 2:33 PM
STATUS REPORT ORDER: Plaintiff to file joint status report by 5/16/2025 re: whether R. 33 and 34 Requests have been timely served and responded to, and status of discovery and any discovery issues. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/15/2025. (sg) |
|
| 8 | 8
2
pgs
order
Order Referring Case to Mandatory Mediation
Wed 01/15 2:29 PM
ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 9/9/2025. Deadline for completion of Mandatory Mediation is 3/9/2026. Signed by Magistrate Judge Therese Wiley Dancks on 1/15/2025. (sg) |
|
| 7 | 7
order
Uniform Pretrial Scheduling Order
Wed 01/15 2:23 PM
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7 days to be held at Syracuse NY. Rule 33 and 34 Requests to be served by 2/14/2025. Joinder of Parties due by 4/30/2025. Amended Pleadings due by 4/30/2025. Plaintiffs Expert Disclosure Deadline is 12/9/2025. Defendants Expert Disclosure Deadline is 1/23/2026. Rebuttal Expert Disclosure Deadline is 2/6/2026. Discovery due by 3/9/2026. Discovery Motions due 3/23/2026. Dispositive Motions to be filed by 5/8/2026. Signed by Magistrate Judge Therese Wiley Dancks on 1/15/2025. (sg, ) |
|
|
minutes
Pretrial Conference - Initial
Wed 01/15 12:49 PM
TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 1/15/2025. Appearances: Joshua Gillette, Esq. for Plaintiffs; Todd Long, Esq. and Darienn Balin, Esq. for Defendants. Court reviews Civil Case Management Plan. Rule 26 Disclosures complete. Stipulated protective order, if necessary, to be submitted for Court approval by 3/7/2025. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and mediation referral order will be issued. (sg) |
||
| Tuesday, January 14, 2025 | ||
|
notice
Notice of Hearing
Tue 01/14 9:24 AM
**PLEASE READ- IMPORTANT TEXT NOTICE FROM THE COURT re: the 1/15/2025 Rule 16 Conference -Due to a conflict with the Court's schedule the TIME ONLY of the 1/15/2025 Telephone Initial Conference has been CHANGED to 11:30 AM before Magistrate Judge Therese Wiley Dancks. Call in number is the same as previously provided by the Court. (sg) |
||
| Wednesday, January 08, 2025 | ||
|
notice
Notice - Other
Wed 01/08 3:31 PM
***PLEASE READ** IMPORTANT TEXT NOTICE from the Court re: the 1/15/2025 10:30am R. 16 Conference: Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 752 033 588 to connect to the conference. (sg) |
||
| Monday, January 06, 2025 | ||
| 6 | 6
misc
Civil Case Management Plan
Mon 01/06 2:47 PM
CIVIL CASE MANAGEMENT PLAN with the contribution and consent of all parties by The Chief of Police of the Syracuse Police Department, Ryan Linnertz, Eric Gerace, Richard Bougourd, City of Syracuse, Syracuse Police Department, Joseph L. Cecile. (Long, Todd) |
|
| Thursday, January 02, 2025 | ||
| 5 | 5
answer
Answer to Complaint
Thu 01/02 10:58 AM
ANSWER to Complaint by The Chief of Police of the Syracuse Police Department, Ryan Linnertz, Eric Gerace, City of Syracuse, Syracuse Police Department, Joseph L. Cecile, and Richard Bougourd.(Balin, Darienn) Modified on 1/2/2025 to add Richard Bougourd as applicable party and to docket entry. (mmg) |
|
| Wednesday, December 18, 2024 | ||
|
misc
Clerk Correction of Docket Entry
Wed 12/18 8:46 AM
CLERK'S CORRECTION OF DOCKET ENTRY re #1 Notice of Removal: A redacted copy of attachment #1 Exhibit A, has been uploaded and attached to Docket Entry #1 . The unredacted copy of Exhibit A is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (mmg) |
||
|
misc
Clerk Correction of Docket Entry
Wed 12/18 11:07 AM
CLERK'S CORRECTION OF DOCKET ENTRY re #2 State Court Complaint: Clerk had erroneously forgotten to include Exhibits to the complaint. with the initial docketing. Clerk has attached the redacted documents to the entry to correct this. (mmg) |
||
| Monday, December 16, 2024 | ||
| 4 | 4
notice
Notice of Appearance
Mon 12/16 5:00 PM
NOTICE OF APPEARANCE by Todd M. Long on behalf of The Chief of Police of the Syracuse Police Department, Ryan Linnertz, Eric Gerace, Richard Bougourd, City of Syracuse, Syracuse Police Department, Joseph L. Cecile (Long, Todd) |
|
| 3 | 3
misc
G.O. 25 Filing Order
Mon 12/16 3:20 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/15/2025 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/8/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mmg) |
|
|
utility
Set/Reset Answer Deadline
Mon 12/16 3:23 PM
***Answer due date updated for Richard Bougourd answer due 1/3/2025; Joseph L. Cecile answer due 1/3/2025; City of Syracuse answer due 1/3/2025; Eric Gerace answer due 1/3/2025; Ryan Linnertz answer due 1/3/2025; Syracuse Police Department answer due 1/3/2025; The Chief of Police of the Syracuse Police Department answer due 1/3/2025. (mmg) |
||
|
misc
Text Notice of Filing Deficiency
Mon 12/16 3:34 PM
TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Notice of Removal. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. DEFENDANT'S Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. In attachment 1 Exhibit A: On Page 17 there is a home address. On Page 18 there is a date of birth. On Page 22 there are Dates of birth. On page 28 There is home adress and a date of birth. On page 29 there is a date of birth. On page 31 there is a date of birth. On page 37 there is a home address. On page 38 there is a date of birth. On page 42 is a home address. On page 48 there is a home address. Notice of Filing Deficiency Deadline 12/19/2024 (mmg) |
||
| Friday, December 13, 2024 | ||
| 2 | 2
misc
State Court Complaint
Mon 12/16 3:18 PM
STATE COURT COMPLAINT relating to #1 Notice of Removal filed by Plaintiff(s) in Supreme Court of the State of New York County of Onondaga. (mmg) |
|
| 1 | 1
notice
Notice of Removal
Mon 12/16 3:17 PM
NOTICE OF REMOVAL from State of New York Supreme Court County of Onondaga, case number 011974/2024 (Filing fee $405 receipt number ANYNDC-6965101) filed by Syracuse Police Department, Joseph L. Cecile, Ryan Linnertz, Eric Gerace, Richard Bougourd, The Chief of Police of the Syracuse Police Department, City of Syracuse.(mmg) |
|
|
Att: 1
Exhibit A: Summons, Complaint, and Amended Notices of Claim,
|
||
|
Att: 2
Exhibit B: Affidavits of Service,
|
||
|
Att: 3
Exhibit C: Document List,
|
||
|
Att: 4
Civil Cover Sheet
|
||