| Court: | nywd |
| Docket #: | 1:13-cv-00798 |
| Case Name: | Woods v. Town of Tonawanda et al |
| PACER case #: | 95100 |
| Date filed: | 2013-08-01 |
| Assigned to: | Hon. William M. Skretny |
| Referred to: | Hon. Leslie G. Foschio |
| Case Cause: | 28:1331 Federal Question: Other Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Joanne M. Woods Plaintiff Individually and as Administratrix of the Estate of Kristian T. Woods and as court-appointed Guardian of Property for Mydasia A. Woods, Izaiah K. Woods and Mariyah A. Woods |
Randy Carl Mallaber Steven M. Cohen Jeffrey B. Novak Ryan C. Mahoney |
| Town of Tonawanda Defendant |
Mark P. Della Posta |
| County of Erie Defendant |
Thomas J. Navarro Michael J. Pacifico Shawn P. Hennessy |
| John Does I-X Defendant TERMINATED: 05/02/2014 |
Mark P. Della Posta |
| John Does XI-XX Defendant TERMINATED: 05/02/2014 |
|
| Officer Michael Marciano Defendant |
Mark P. Della Posta |
| Officer Flatau Defendant |
Mark P. Della Posta |
| Officer Nicholas Salonikis Defendant |
Mark P. Della Posta |
| Lt. Baumgartner Defendant |
Mark P. Della Posta |
| Officer McNamara Defendant |
Mark P. Della Posta |
| Officer Murphy Defendant |
Mark P. Della Posta |
| Lt. . McNamara Defendant |
Mark P. Della Posta |
| Michael Botham Defendant |
Mark P. Della Posta |
| Officer Franco Defendant |
Mark P. Della Posta |
| Officer Lewandowski Defendant |
Mark P. Della Posta |
| James Franklin Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Thomas Thompson Defendant |
Mark P. Della Posta Thomas J. Navarro Shawn P. Hennessy |
| Timothy Higgins Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Mark Marren Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Eric Fintak Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| John Gavin Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Justin Tedesco Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Chad Myers Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Cesar Botello Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| John "Jack" Robinson Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Phillip Kupple Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Daniel Harris Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Sgt. Anthony LoDestro Defendant |
Thomas J. Navarro Shawn P. Hennessy |
| Dep. Haladay Defendant |
Thomas J. Navarro |
| Michael Marciano Cross Defendant |
Mark P. Della Posta |
| Town of Tonawanda Cross Claimant |
Mark P. Della Posta |
| John Does I-X Cross Claimant |
Mark P. Della Posta |
| County of Erie Cross Defendant |
Thomas J. Navarro |
| John Does XI-XX Cross Defendant |
|
| County of Erie Cross Claimant |
Thomas J. Navarro Michael J. Pacifico |
| Town of Tonawanda Cross Defendant |
Mark P. Della Posta |
| John Does I-X Cross Claimant |
Mark P. Della Posta |
| Town of Tonawanda Cross Claimant |
Mark P. Della Posta |
| County of Erie Cross Defendant |
Thomas J. Navarro |
| John Does XI-XX Cross Defendant |
|
| John Does XI-XX Cross Claimant |
|
| County of Erie Cross Claimant |
Thomas J. Navarro Michael J. Pacifico |
| John Does I-X Cross Defendant |
Mark P. Della Posta |
| Town of Tonawanda Cross Defendant |
Mark P. Della Posta |
| Michael Marciano Cross Claimant |
Mark P. Della Posta |
| Town of Tonawanda Cross Claimant |
Mark P. Della Posta |
| County of Erie Cross Defendant |
Thomas J. Navarro |
| Michael Botham Cross Claimant |
Mark P. Della Posta |
| Officer Michael Marciano Cross Claimant |
Mark P. Della Posta |
| Officer Nicholas Salonikis Cross Claimant |
Mark P. Della Posta |
| Officer Flatau Cross Claimant |
Mark P. Della Posta |
| Lt. Baumgartner Cross Claimant |
Mark P. Della Posta |
| Lt. . McNamara Cross Claimant |
Mark P. Della Posta |
| Officer Lewandowski Cross Claimant |
Mark P. Della Posta |
| Officer Murphy Cross Claimant |
Mark P. Della Posta |
| Officer Franco Cross Claimant |
Mark P. Della Posta |
| Town of Tonawanda Cross Claimant |
Mark P. Della Posta |
| Officer McNamara Cross Claimant |
Mark P. Della Posta |
| James Franklin Cross Defendant |
Thomas J. Navarro |
| Thomas Thompson Cross Defendant |
Mark P. Della Posta Thomas J. Navarro |
| Cesar Botello Cross Defendant |
Thomas J. Navarro |
| County of Erie Cross Defendant |
Thomas J. Navarro Michael J. Pacifico |
| Eric Fintak Cross Defendant |
Thomas J. Navarro |
| John Gavin Cross Defendant |
Thomas J. Navarro |
| Dep. Haladay Cross Defendant |
Thomas J. Navarro |
| Daniel Harris Cross Defendant |
Thomas J. Navarro |
| Timothy Higgins Cross Defendant |
Thomas J. Navarro |
| Phillip Kupple Cross Defendant |
Thomas J. Navarro |
| Sgt. Anthony LoDestro Cross Defendant |
Thomas J. Navarro |
| Mark Marren Cross Defendant |
Thomas J. Navarro |
| Chad Myers Cross Defendant |
Thomas J. Navarro |
| John "Jack" Robinson Cross Defendant |
Thomas J. Navarro |
| Justin Tedesco Cross Defendant |
Thomas J. Navarro |
| Daniel Harris Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Mark Marren Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Timothy Higgins Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Eric Fintak Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Cesar Botello Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Justin Tedesco Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Chad Myers Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| John "Jack" Robinson Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| James Franklin Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Thomas Thompson Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| County of Erie Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Phillip Kupple Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| John Gavin Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Sgt. Anthony LoDestro Cross Claimant |
Thomas J. Navarro Shawn P. Hennessy |
| Lt. Baumgartner Cross Defendant |
Mark P. Della Posta |
| Michael Botham Cross Defendant |
Mark P. Della Posta |
| Officer Flatau Cross Defendant |
Mark P. Della Posta |
| Officer Franco Cross Defendant |
Mark P. Della Posta |
| Officer Lewandowski Cross Defendant |
Mark P. Della Posta |
| Officer Michael Marciano Cross Defendant |
Mark P. Della Posta |
| Officer McNamara Cross Defendant |
Mark P. Della Posta |
| Lt. . McNamara Cross Defendant |
Mark P. Della Posta |
| Officer Murphy Cross Defendant |
Mark P. Della Posta |
| Officer Nicholas Salonikis Cross Defendant |
Mark P. Della Posta |
| Town of Tonawanda Cross Defendant |
Mark P. Della Posta |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-08-01 | 1 | 0 | COMPLAINT against County of Erie, John Does I-X, John Does XI-XX, Town of Tonawanda, filed by Joanne M. Woods.(SG) (Entered: 08/05/2013) | |||
| 2013-08-05 | 2 | 0 | AUTOMATIC REFERRAL to Mediation; ADR Plan electronically forwarded to attorney (SG) (Entered: 08/05/2013) | |||
| 2013-08-05 | 3 | 0 | Consent to Magistrate Judge forms electronically forwarded to attorney. Notification to chambers of on-line civil opening (SG) (Entered: 08/05/2013) | |||
| 2013-08-13 | 4 | 0 | NOTICE of Appearance by Ryan C. Mahoney on behalf of Joanne M. Woods (Mahoney, Ryan) (Entered: 08/13/2013) | |||
| 2013-08-13 | 5 | 0 | SUMMONS Returned Executed by Joanne M. Woods. County of Erie served on 8/6/2013, answer due 8/27/2013. (Mahoney, Ryan) (Entered: 08/13/2013) | |||
| 2013-08-13 | 6 | 0 | SUMMONS Returned Executed by Joanne M. Woods. Town of Tonawanda served on 8/6/2013, answer due 8/27/2013. (Mahoney, Ryan) (Entered: 08/13/2013) | |||
| 2013-08-27 | 7 | 0 | ANSWER to 1 Complaint , CROSSCLAIM against County of Erie, John Does XI-XX by Town of Tonawanda, John Does I-X.(Della Posta, Mark) (Entered: 08/27/2013) | |||
| 2013-08-27 | 8 | 0 | CERTIFICATE OF SERVICE by John Does I-X, Town of Tonawanda re 7 Answer to Complaint, Crossclaim against County of Erie, Erie County Sheriff's Department and John Does XI-XX (Della Posta, Mark) (Entered: 08/27/2013) | |||
| 2013-08-27 | 9 | 0 | TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, 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 Chief Judge William M. Skretny on 8/27/2013. (JCD) (Entered: 08/27/2013) | |||
| 2013-08-28 | 10 | 0 | ADR Notice and Plan electronically forwarded to attorneys.(DLC) (Entered: 08/28/2013) | |||
| 2013-08-28 | 11 | 0 | Defendant COUNTY OF ERIE ANSWER to 1 Complaint, 7 Answer to Complaint, Crossclaim , ANSWER to 1 Complaint, 7 Answer to Complaint, Crossclaim , First CROSSCLAIM against Town of Tonawanda by County of Erie.(Pacifico, Michael) (Entered: 08/28/2013) | |||
| 2013-08-29 | 12 | 0 | ADR Notice and Plan electronically forwarded to attorneys.(DLC) (Entered: 08/29/2013) | |||
| 2013-08-29 | 13 | 0 | AMENDED ANSWER to COMPLAINT , CROSSCLAIM against County of Erie, John Does XI-XX by John Does I-X, Town of Tonawanda. (Della Posta, Mark) (Entered: 08/29/2013) | |||
| 2013-08-29 | 14 | 0 | CERTIFICATE OF SERVICE by John Does I-X, Town of Tonawanda re 13 Amended Answer to Complaint, Crossclaim (Della Posta, Mark) (Entered: 08/29/2013) | |||
| 2013-09-10 | 15 | 0 | ORDER. Scheduling Conference set for 10/23/2013 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 9/10/2013. (SDW) (Entered: 09/11/2013) | |||
| 2013-10-01 | 16 | 0 | Proposed Pretrial Order Scheduling Order by Joanne M. Woods. (Cohen, Steven) (Entered: 10/01/2013) | |||
| 2013-10-23 | 17 | 0 | SCHEDULING 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 11/29/2013. Stipulation of Selection of Mediator due by 11/22/2013. Motions to Join Parties/Amend Pleadings due by 12/16/2013. First Mediation Session due by 1/6/2014. Further Discovery Status Conference set for 4/30/2014 11:00 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 10/23/2013. (SDW) (Entered: 10/24/2013) | |||
| 2013-11-12 | 18 | 0 | MOTION to Amend/Correct Complaint by Joanne M. Woods. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Certificate of Service)(Cohen, Steven) (Entered: 11/12/2013) | |||
| 2013-11-14 | 19 | 0 | Stipulation-Selection of Mediator by Town of Tonawanda(Della Posta, Mark) (Entered: 11/14/2013) | |||
| 2013-11-14 | 20 | 0 | CERTIFICATE OF SERVICE by Town of Tonawanda re 19 Stipulation-Selection of Mediator (Della Posta, Mark) (Entered: 11/14/2013) | |||
| 2013-11-21 | 21 | 0 | TEXT ORDER granting 18 Motion to Amend or Correct. Plaintiff shall have 90 days in which to identify the John Doe Defendants. Issued by Hon. Leslie G. Foschio on 11/21/2013. (SDW) (Entered: 11/21/2013) | |||
| 2013-12-05 | 22 | 0 | AMENDED COMPLAINT against All Defendants, filed by Joanne M. Woods. (Attachments: # 1 Certificate of Service)(Cohen, Steven) (Entered: 12/05/2013) | |||
| 2013-12-10 | 23 | 0 | AMENDED ANSWER to Amended Complaint , CROSSCLAIM against John Does I-X, Town of Tonawanda by John Does XI-XX, County of Erie. (Pacifico, Michael) (Entered: 12/10/2013) | |||
| 2013-12-11 | 24 | 0 | ANSWER to 22 Amended Complaint , CROSSCLAIM against County of Erie by Town of Tonawanda, Michael Marciano.(Della Posta, Mark) (Entered: 12/11/2013) | |||
| 2013-12-11 | 25 | 0 | CERTIFICATE OF SERVICE by Michael Marciano, Town of Tonawanda re 24 Answer to Amended Complaint, Crossclaim against County of Erie (Della Posta, Mark) (Entered: 12/11/2013) | |||
| 2013-12-21 | 26 | 0 | Mediation Certification by Michael Menard(Menard, Michael) (Entered: 12/21/2013) | |||
| 2014-02-19 | 27 | 0 | MOTION for Extension of Time to Amend the Complaint by Joanne M. Woods. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Certificate of Service)(Cohen, Steven) (Entered: 02/19/2014) | |||
| 2014-02-24 | 28 | 0 | Mediation Certification by Michael Menard(Menard, Michael) (Entered: 02/24/2014) | |||
| 2014-02-24 | 29 | 0 | ORDER re 27 MOTION for Extension of Time to Amend the Complaint filed by Joanne M. Woods. Responses due by 3/12/2014. Replies due by 3/19/2014. Oral argument at the discretion of the court. Signed by Hon. Leslie G. Foschio on 2/24/2014. (SDW) (Entered: 02/25/2014) | |||
| 2014-03-07 | 30 | 0 | RESPONSE in Opposition re 27 MOTION for Extension of Time to Amend the Complaint filed by County of Erie. (Attachments: # 1 Memorandum in Support)(Pacifico, Michael) (Entered: 03/07/2014) | |||
| 2014-03-10 | 31 | 0 | MOTION to Seal by County of Erie.(Pacifico, Michael) (Entered: 03/10/2014) | |||
| 2014-03-11 | 32 | 0 | RESPONSE in Opposition re 27 MOTION for Extension of Time to Amend the Complaint filed by John Does I-X, Michael Marciano, Town of Tonawanda. (Attachments: # 1 Exhibit Exhibit A - Disclosure Pursuant to Rule 26(a)(1), # 2 Exhibit Exhibit B - Disclosure Pursuant to Rule 26(a)(1), # 3 Exhibit Exhibit C - Pltf's First Set of Interrogatories, # 4 Memorandum in Support Memorandum of Law, # 5 Certificate of Service Certificate of Service)(Della Posta, Mark) (Entered: 03/11/2014) | |||
| 2014-03-19 | 33 | 0 | DECLARATION filed by Joanne M. Woods in Further Support filed by Joanne M. Woods. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Certificate of Service Certificate of Service)(Cohen, Steven) (Entered: 03/19/2014) | |||
| 2014-03-28 | 34 | 0 | TEXT ORDER granting 31 Motion to Seal. Issued by Hon. Leslie G. Foschio on 3/28/2014. (SDW) (Entered: 03/28/2014) | |||
| 2014-03-28 | 35 | 0 | Sealed Document-Manually filed Exhibits re 30 Response in Opposition (SG) (Entered: 03/28/2014) | |||
| 2014-04-01 | 36 | 0 | DECISION and ORDER granting 27 Motion for Extension of Time to Amend. Plaintiff shall identify and serve John Doe Defendants within 90 days. Signed by Hon. Leslie G. Foschio on 4/1/2014. (SDW) (Entered: 04/01/2014) | |||
| 2014-04-30 | 37 | 0 | NOTICE of Appearance by Jeffrey B. Novak on behalf of All Plaintiffs (Novak, Jeffrey) (Entered: 04/30/2014) | |||
| 2014-04-30 | 38 | 0 | Minute Entry for proceedings held before Hon. Leslie G. Foschio: Status Conference held on 4/30/2014. Court directed Plaintiff to provide court a letter advising if there will be any other named John Does. Second Amended Complaint should be filed within 90 days. Upon receipt of answers, an order will be issued seeking proposed case management orders. Appearances: Pltf-Jeffrey Novak, Esq., Dft Tn of Tonawanda-Mark Della Posta, Esq., Dft County of Erie-Michael Pacifico, Esq. (Court Reporter FTR Gold.) (SDW) (Entered: 04/30/2014) | |||
| 2014-05-02 | 39 | 0 | AMENDED COMPLAINT SECOND against All Defendants, filed by Joanne M. Woods. (Attachments: # 1 Certificate of Service)(Cohen, Steven) (Entered: 05/02/2014) | |||
| 2014-05-12 | 40 | 0 | ANSWER to Complaint Amended, Second CROSSCLAIM against James Franklin, Thomas Thompson, Cesar Botello, County of Erie, Eric Fintak, John Gavin, Haladay, Daniel Harris, Timothy Higgins, Phillip Kupple, Anthony LoDestro, Mark Marren, Chad Myers, John "Jack" Robinson, Justin Tedesco by Michael Botham, Michael Marciano, Nicholas Salonikis, Flatau, Baumgartner,. McNamara, Lewandowski, Murphy, Franco, Town of Tonawanda, McNamara.(Della Posta, Mark) Modified on 5/13/2014 to remove James Franklin and Thomas Thompson as filers(SG). (Entered: 05/12/2014) | |||
| 2014-05-19 | 41 | 0 | Second Amended ANSWER to 40 Answer to Complaint, Crossclaim,,,, , Second CROSSCLAIM against Baumgartner, Michael Botham, Flatau, Franco, Lewandowski, Michael Marciano, McNamara,. McNamara, Murphy, Nicholas Salonikis, Town of Tonawanda by Daniel Harris, Mark Marren, Timothy Higgins, Eric Fintak, Cesar Botello, Justin Tedesco, Chad Myers, John "Jack" Robinson, James Franklin, Thomas Thompson, County of Erie, Phillip Kupple, John Gavin, Anthony LoDestro, Haladay (Hennessy, Shawn) Modified on 5/21/2014 (SG). (Entered: 05/19/2014) | |||
| 2014-06-02 | 42 | 0 | ORDER. Proposed Case Management Orders due by 6/20/2014. Signed by Hon. Leslie G. Foschio on 6/2/2014. (SDW) (Entered: 06/02/2014) | |||
| 2014-06-18 | 43 | 0 | FIRST AMENDED SCHEDULING 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 6/30/2014. Motions to Compel Discovery due by 1/30/2015. Discovery completed by 3/31/2015. Plaintiff Expert Witness ID due by 6/30/2015. Defendant Expert Witness ID due by 7/31/2015. Dispositive Motions due by 9/30/2015. Mediation To End by 10/30/2015. Final Pretrial Conference set for 11/10/2015 11:30 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 6/18/2014. (SDW) (Entered: 06/19/2014) | |||
| 2014-06-23 | 44 | 0 | Mediation Certification by Michael Menard(Menard, Michael) (Entered: 06/23/2014) | |||
| 2014-08-01 | 45 | 0 | NOTICE of Appearance by Thomas J. Navarro on behalf of Cesar Botello, Eric Fintak, James Franklin, John Gavin, Haladay, Daniel Harris, Timothy Higgins, Anthony LoDestro, John "Jack" Robinson, Justin Tedesco, Thomas Thompson (Navarro, Thomas) (Entered: 08/01/2014) | |||
| 2015-05-27 | 46 | 0 | First MOTION for Extension of Time to Complete Discovery by Joanne M. Woods. (Attachments: # 1 Declaration, # 2 Memorandum in Support, # 3 Certificate of Service)(Novak, Jeffrey) (Entered: 05/27/2015) | |||
| 2015-05-27 | 47 | 0 | TEXT ORDER granting 46 Motion for Extension of Time to Complete Discovery. Second Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 5/27/2015. (SDW) (Entered: 05/27/2015) | |||
| 2015-05-28 | 48 | 0 | SECOND AMENDED SCHEDULING 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 6/12/2015. Discovery completed by 6/29/2015. Plaintiff Expert Witness ID due by 9/28/2015. Defendant Expert Witness ID due by 10/29/2015. Dispositive Motions due by 12/30/2015. Mediation To End by 1/29/2016. Final Pretrial Conference set for 2/9/2016 10:30 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 5/28/2015. (SDW) (Entered: 05/28/2015) | |||
| 2015-09-28 | 49 | 0 | NOTICE of Appearance by Randy Carl Mallaber on behalf of All Plaintiffs (Mallaber, Randy) (Entered: 09/28/2015) | |||
| 2015-09-28 | 50 | 0 | RULE 26 DISCLOSURE by Joanne M. Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mallaber, Randy) (Entered: 09/28/2015) | |||
| 50 | 1 | Exhibit A | ||||
| 50 | 2 | Exhibit B | ||||
| 2015-10-30 | 51 | 0 | MOTION for Extension of Time to File by Joanne M. Woods. (Attachments: # 1 Declaration, # 2 Memorandum in Support)(Cohen, Steven) (Entered: 10/30/2015) | |||
| 2015-11-10 | 52 | 0 | ORDER re 51 MOTION for Extension of Time to File filed by Joanne M. Woods. Responses due by 11/13/2015. Replies due by 11/18/2015. Oral argument at the discretion of the court. Signed by Hon. Leslie G. Foschio on 11/10/2015. (SDW) (Entered: 11/10/2015) | |||
| 2015-11-12 | 53 | 0 | DECLARATION signed by Mark P. Della Posta, Esq. re 51 MOTION for Extension of Time to File filed by Town of Tonawanda filed by Town of Tonawanda, Michael Marciano, Flatau, Nicholas salonikis, Baumgartner, McNamara, McNamara, Lewandowski, Franco, Michael Botham (Della Posta, Mark) Modified on 11/18/2015 to add filers (SG). (Entered: 11/12/2015) | |||
| 2015-11-12 | 54 | 0 | CERTIFICATE OF SERVICE by Town of Tonawanda, Michael Marciano, Flatau, Nicholas salonikis, Baumgartner, McNamara, McNamara, Lewandowski, Franco, Michael Botham of Declaration in Opposition to Plaintiff's Motion to Enlarge the Second Amended Scheduling Order (Della Posta, Mark) Modified on 11/18/2015 to add filers(SG). (Entered: 11/12/2015) | |||
| 2015-11-13 | 55 | 0 | RESPONSE in Opposition re 51 MOTION for Extension of Time to File filed by Cesar Botello, County of Erie, James Franklin, John Gavin, Daniel Harris, Timothy Higgins, Phillip Kupple, Anthony LoDestro, Mark Marren, Chad Myers, John "Jack" Robinson, Justin Tedesco, Thomas Thompson, Haladay, Eric Fintak (Navarro, Thomas) Modified on 11/16/2015 to add to filers (SG). (Entered: 11/13/2015) | |||
| 2015-11-18 | 56 | 0 | REPLY/RESPONSE to re 51 MOTION for Extension of Time to File filed by Joanne M. Woods. (Cohen, Steven) (Entered: 11/18/2015) | |||
| 2015-11-30 | 57 | 0 | DECISION and ORDER granting 51 Motion for Extension of Time to File. Third Amended Scheduling Order shall be filed separately. Signed by Hon. Leslie G. Foschio on 11/30/2015. (SDW) (Entered: 12/01/2015) | |||
| 2015-11-30 | 58 | 0 | THIRD AMENDED SCHEDULING 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.) Plaintiff Expert Witness ID due by 1/29/2016. Defendant Expert Witness ID due by 2/29/2016. Dispositive Motions due by 4/28/2016. Mediation To End by 5/31/2016. Final Pretrial Conference set for 6/8/2016 11:30 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 11/30/2015. (SDW) (Entered: 12/01/2015) | |||
| 2016-01-27 | 59 | 0 | MOTION for Extension of Time to File Expert Witness Reports by Joanne M. Woods. (Attachments: # 1 Declaration)(Cohen, Steven) (Entered: 01/27/2016) | |||
| 2016-01-29 | 60 | 0 | TEXT ORDER granting 59 Motion for Extension of Time to File. Fourth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 1/29/2016. (SDW) (Entered: 01/29/2016) | |||
| 2016-01-29 | 61 | 0 | Expert Witness List by Joanne M. Woods. (Cohen, Steven) (Entered: 01/29/2016) | |||
| 2016-02-01 | 62 | 0 | FOURTH AMENDED SCHEDULING 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.) Plaintiff Expert Witness ID due by 2/29/2016. Defendant Expert Witness ID due by 3/30/2016. Dispositive Motions due by 7/29/2016. Mediation To End by 8/31/2016. Final Pretrial Conference set for 9/21/2016 11:30 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 2/1/2016. (SDW) (Entered: 02/01/2016) | |||
| 2016-02-26 | 63 | 0 | MOTION for Extension of Time to File Expert Disclosure Reports by Joanne M. Woods. (Attachments: # 1 Declaration, # 2 Exhibit A)(Mallaber, Randy) (Entered: 02/26/2016) | |||
| 2016-02-29 | 64 | 0 | TEXT ORDER granting 63 Motion for Extension of Time to File. Fifth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 2/29/2016. (SDW) (Entered: 02/29/2016) | |||
| 2016-02-29 | 66 | 0 | FIFTH AMENDED SCHEDULING 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.) Plaintiff Expert Witness ID due by 3/31/2016. Defendant Expert Witness ID due by 4/29/2016. Dispositive Motions due by 8/31/2016. Mediation To End by 9/29/2016. Final Pretrial Conference set for 10/12/2016 11:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 2/29/2016. (SDW) (Entered: 02/29/2016) | |||
| 2016-03-23 | 67 | 0 | MOTION for Extension of Time to File Expert Disclosure by Joanne M. Woods. (Attachments: # 1 Declaration)(Cohen, Steven) (Entered: 03/23/2016) | |||
| 2016-03-29 | 68 | 0 | TEXT ORDER granting 67 Motion for Extension of Time to File. Sixth Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 3/29/2016. (SDW) (Entered: 03/29/2016) | |||
| 2016-03-29 | 69 | 0 | SIXTH AMENDED SCHEDULING 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.) Plaintiff Expert Witness ID due by 5/16/2016. Defendant Expert Witness ID due by 6/13/2016. Dispositive Motions due by 10/15/2016. Mediation To End by 10/28/2016. Final Pretrial Conference set for 11/9/2016 11:30 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 3/29/2016. (SDW) (Entered: 03/30/2016) | |||
| 2016-03-31 | 70 | 0 | RULE 26 DISCLOSURE by Joanne M. Woods. (Attachments: # 1 Exhibit 1)(Mallaber, Randy) (Entered: 03/31/2016) | |||
| 70 | 1 | Exhibit 1 | ||||
| 2016-04-29 | 71 | 0 | First MOTION for Extension of Time to Complete Discovery by Cesar Botello, County of Erie, Eric Fintak, James Franklin, John Gavin, Haladay, Daniel Harris, Timothy Higgins, Phillip Kupple, Anthony LoDestro, Mark Marren, Murphy, Chad Myers, John "Jack" Robinson, Justin Tedesco, Thomas Thompson.(Navarro, Thomas) (Entered: 04/29/2016) | |||
| 2016-05-05 | 72 | 0 | TEXT ORDER granting 71 Motion for Extension of Time to Complete Discovery. Seventh Amended Scheduling Order shall be filed separately. Issued by Hon. Leslie G. Foschio on 5/5/2016. (SDW) (Entered: 05/05/2016) | |||
| 2016-05-05 | 73 | 0 | SEVENTH AMENDED SCHEDULING 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.) Plaintiff Expert Witness ID due by 7/15/2016. Defendant Expert Witness ID due by 8/12/2016. Dispositive Motions due by 12/14/2016. Mediation To End by 12/27/2016. Final Pretrial Conference set for 1/5/2017 11:30 AM before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 5/5/2016. (SDW) (Entered: 05/05/2016) | 2016-11-15 10:13:47 | 9becc29955772e6fa52412ed2d1738155ef4c4c7 | |
| 2016-10-27 | 79 | 0 | REQUEST AND ORDER GRANTING the Town of Tonawanda Defendants' request to extend the page limitation of their forthcoming Memorandum of Law in Support of their Motion for Summary Judgment to forty-five (45) pages. SO ORDERED. Issued by William M. Skretny, United States District Judge on 10/26/2016. (MEAL) (Entered: 10/27/2016) | 2016-11-15 10:15:12 | 7dde6894ac77125d3b09a96eb7517133fdb383c5 | |
| 2016-10-27 | 80 | 0 | REQUEST AND ORDER GRANTING the County of Erie Defendants' request to extend the page limitation of their forthcoming Memorandum of Law in Support of their Motion for Summary Judgment to forty (40) pages. SO ORDERED. Issued by William M. Skretny, United States District Judge on 10/26/2016. (MEAL) (Entered: 10/27/2016) | 2016-11-15 10:20:18 | 3adfdf98d54f66dcdea7ca410cf79bfd8c8a0f04 | |
| 2016-12-07 | 81 | 0 | First MOTION for Summary Judgment Defendants by Cesar Botello, County of Erie, Eric Fintak, James Franklin, John Gavin, Haladay, Daniel Harris, Timothy Higgins, Phillip Kupple, Anthony LoDestro, Mark Marren, Chad Myers, John "Jack" Robinson, Justin Tedesco, Thomas Thompson. (Attachments: # 1 Affidavit, # 2 Statement of Undisputed Facts, # 3 Memorandum in Support, # 4 Appendix, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E part 1, # 10 Exhibit E part 2, # 11 Exhibit E part 3, # 12 Exhibit F part 1, # 13 Exhibit F part 2, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Exhibit M, # 21 Exhibit N, # 22 Exhibit O, # 23 Exhibit P, # 24 Exhibit Q, # 25 Exhibit R, # 26 Exhibit S, # 27 Exhibit T, # 28 Exhibit U, # 29 Exhibit V part 1, # 30 Exhibit V part 2, # 31 Exhibit W part 1, # 32 Exhibit W part 2, # 33 Exhibit W part 3, # 34 Exhibit W part 4, # 35 Exhibit W part 5, # 36 Exhibit W part 6, # 37 Exhibit AA, # 38 Exhibit BB, # 39 Exhibit CC, # 40 Exhibit DD, # 41 Exhibit EE, # 42 Exhibit FF, # 43 Exhibit GG)(Navarro, Thomas) (Entered: 12/07/2016) | |||
| 2016-12-12 | 83 | 0 | MOTION to Seal Document 82 MOTION for Summary Judgment by Baumgartner, Michael Botham, Flatau, Franco, Lewandowski, Michael Marciano, McNamara,. McNamara, Murphy, Nicholas Salonikis, Town of Tonawanda. (Attachments: # 1 Affidavit Attorney Declaration in Support of Town of Tonawanda Defendants' Motion to Seal Documents)(Della Posta, Mark) (Entered: 12/12/2016) | |||
| 2016-12-12 | 84 | 0 | AMENDED DOCUMENT by Cesar Botello, County of Erie, Eric Fintak, James Franklin, John Gavin, Haladay, Daniel Harris, Timothy Higgins, Phillip Kupple, Anthony LoDestro, Mark Marren, Chad Myers, John "Jack" Robinson, Justin Tedesco, Thomas Thompson. Amendment to 81 First MOTION for Summary Judgment Defendants medical records certification-ECMC-Exhibits W. (Navarro, Thomas) (Entered: 12/12/2016) | |||
| 2016-12-12 | 85 | 0 | AMENDED MOTION for Summary Judgment by Baumgartner, Michael Botham, Flatau, Franco, Lewandowski, Michael Marciano, McNamara,. McNamara, Murphy, Nicholas Salonikis, Town of Tonawanda. (Attachments: # 1 Affidavit Declaration of Mark P. Della Posta, Esq. in Support of Amended Motion for Summary Judgment, # 2 Exhibit A - Redacted, # 3 Exhibit B- Redacted, # 4 Exhibit C - Redacted, # 5 Exhibit D- Redacted, # 6 Exhibit E- Redacted, # 7 Exhibit F- Redacted, # 8 Exhibit G- Redacted, # 9 Exhibit H- Redacted, # 10 Exhibit I- Redacted, # 11 Exhibit J- Redacted, # 12 Exhibit K- Redacted, # 13 Exhibit L- Redacted, # 14 Exhibit M- Redacted, # 15 Exhibit N- Redacted, # 16 Exhibit O- Redacted, # 17 Exhibit P- Redacted, # 18 Exhibit Q- Redacted, # 19 Exhibit R- Redacted, # 20 Exhibit S- Redacted, # 21 Exhibit T- Redacted, # 22 Exhibit U - Redacted, # 23 Errata V- Redacted, # 24 Exhibit W- Redacted, # 25 Exhibit X- Redacted, # 26 Exhibit Y- Redacted, # 27 Exhibit Z- Redacted, # 28 Exhibit AA- Redacted, # 29 Exhibit BB- Redacted, # 30 Exhibit CC- Redacted, # 31 Exhibit DD- Redacted, # 32 Exhibit EE- Redacted, # 33 Exhibit FF- Redacted, # 34 Exhibit GG- Redacted, # 35 Exhibit HH- Redacted, # 36 Exhibit II- Redacted, # 37 Exhibit JJ- Redacted, # 38 Exhibit KK- Redacted, # 39 Exhibit LL- Redacted, # 40 Exhibit MM- Redacted, # 41 Exhibit NN- Redacted, # 42 Exhibit OO- Redacted, # 43 Exhibit PP - Redacted, # 44 Exhibit QQ- Redacted, # 45 Exhibit RR- Redacted, # 46 Exhibit SS - Redacted, # 47 Exhibit TT- Redacted, # 48 Exhibit UU- Redacted, # 49 Exhibit VV - Redacted, # 50 Exhibit WW- Redacted, # 51 Exhibit XX- Redacted, # 52 Exhibit YY- Redacted, # 53 Statement of Undisputed Facts Amended, # 54 Memorandum in Support Amended)(Della Posta, Mark) Modified on 12/15/2016 (SG). (Entered: 12/12/2016) | |||
| 2016-12-15 | 86 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the 83 Motion to Seal the 82 Motion for Summary Judgment is GRANTED. The Clerk of the Court is directed to seal the 82 Motion for Summary Judgment and attachments expeditiously. SO ORDERED. Issued by William M. Skretny, United States District Judge on 12/15/2016. (MEAL)- CLERK TO FOLLOW UP- (Entered: 12/15/2016) | |||
| 2016-12-15 | 87 | 0 | TEXT ORDER. As dispositive motions have been filed, the final pretrial conference scheduled for 1/5/2017 is cancelled. Issued by Hon. Leslie G. Foschio on 12/15/2016. (SDW) (Entered: 12/15/2016) | |||
| 2016-12-21 | 88 | 0 | SCHEDULING NOTICE on 81 82 85 Motions for Summary Judgment. Responses due by 1/6/2017. Replies due by 1/20/2017. Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered: 12/21/2016) | |||
| 2016-12-30 | 89 | 0 | First MOTION for Extension of Time to File Response/Reply to Defendatns' Motions for summary judgment by Joanne M. Woods. (Attachments: # 1 Attorney Declaration)(Mallaber, Randy) (Entered: 12/30/2016) | |||
| 2017-01-05 | 90 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, Plaintiffs' 89 Motion for Extension of Time to File a Response to the Defendants' 81 82 85 Motions for Summary Judgment is GRANTED. Responses are now due by 2/21/2017. Replies are now due by 3/6/2017. Oral Argument will be scheduled by the Court as necessary.SO ORDERED. Issued by William M. Skretny, United States District Judge on 1/4/2017. (MEAL) (Entered: 01/05/2017) | |||
| 2017-02-16 | 91 | 0 | Second MOTION for Extension of Time to File Response/Reply as to 90 Order on Motion for Extension of Time to File Response/Reply, 84 Amended Document, 85 Amended MOTION for Summary Judgment , 88 Order, Set/Reset Motion and R&R Deadlines/Hearings, 87 Text Order, Terminate Hearings, 81 First MOTION for Summary Judgment Defendants, 86 Order on Motion to Seal Document, by Joanne M. Woods. (Attachments: # 1 Affidavit)(Cohen, Steven) (Entered: 02/16/2017) | |||
| 2017-02-21 | 92 | 0 | TEXT ORDER - IT HEREBY IS ORDERED THAT, Plaintiffs' 91 Second Motion for Extension of Time to File a Response to the Defendants' 81 82 85 Motions for Summary Judgment is GRANTED. Responses are now due by 3/13/2017. Replies are now due by 3/29/2017. Oral Argument will be scheduled by the Court as necessary. SO ORDERED. Issued by United States District Judge William M. Skretny on 2/21/2017. (JCM) (Entered: 02/21/2017) | |||
| 2017-03-13 | 93 | 0 | DECLARATION filed by Joanne M. Woods filed by Joanne M. Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Affidavit Joanne Woods, # 28 Exhibit A, # 29 Exhibit B, # 30 Exhibit C, # 31 Exhibit D, # 32 Exhibit E, # 33 Exhibit F, # 34 Exhibit G, # 35 Affidavit Kara Woods, # 36 Memorandum in Support)(Cohen, Steven) (Entered: 03/13/2017) | |||
| 2017-03-13 | 94 | 0 | DECLARATION filed by Joanne M. Woods filed by Joanne M. Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Affidavit, # 28 Exhibit A, # 29 Exhibit B, # 30 Exhibit C, # 31 Exhibit D, # 32 Exhibit E, # 33 Exhibit F, # 34 Exhibit G, # 35 Affidavit, # 36 Memorandum in Support)(Cohen, Steven) (Entered: 03/13/2017) | |||
| 2017-03-29 | 95 | 0 | REPLY/RESPONSE to re 85 Amended MOTION for Summary Judgment , 93 Declaration,,, Reply Memorandum to Plaintiff's Memorandum and in Further Support of Town Defendants' Motion for Summary Judgment filed by Baumgartner, Michael Botham, Flatau, Franco, Lewandowski, Michael Marciano, McNamara,. McNamara, Murphy, Nicholas Salonikis, Town of Tonawanda. (Della Posta, Mark) (Entered: 03/29/2017) | 2017-04-06 09:36:55 | 82e7faaf11ea9a8f8ca779eb6cd3600633373297 | |
| 2017-03-29 | 96 | 0 | REPLY MEMORANDUM by Cesar Botello, County of Erie, Eric Fintak, James Franklin, John Gavin, Haladay, Daniel Harris, Timothy Higgins, Phillip Kupple, Anthony LoDestro, Mark Marren, Chad Myers, John "Jack" Robinson, Justin Tedesco, Thomas Thompson.(Navarro, Thomas) Modified on 3/30/2017 to correct title and terminate as a motion (SG). (Entered: 03/29/2017) | 2017-04-06 11:16:35 | aa68ade6486e02e72f713745a3dca1056ea2e406 |