Goldstein v. Allard et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Miroslav Lovric |
| Case #: | 3:19-cv-00412 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 03, 2019 |
| Terminated: | Dec 06, 2019 |
| Last checked: Monday Sep 30, 2019 5:06 AM EDT |
|
Defendant
Jacob V. Allard
|
Represented By
|
|
Defendant
John Barber
|
Represented By
|
|
Defendant
Daniel A. Bechtold
|
Represented By
|
|
Defendant
City of Ithaca
|
Represented By
|
|
Mediator (Mandatory Program)
David R. Homer
|
Represented By
|
|
Plaintiff
Kyle Goldstein
|
Represented By
|
GPO
Jun 26 2019
ORDER REGARDING POTENTIAL CONFLICT OF JOINT REPRESENTATION OF THE DEFENDANTS. If, after being informed in writing of the potential or actual conflict, any defendant wishes to retain separate counsel, it should notify the Court within twenty (20) days of the date of this order of the identity of counsel that will represent the party. In the event that the defendants wish to proceed while being represented by their current counsel, an affidavit must be filed with the court under seal within twenty (20) days of the date of this order. Signed by Magistrate Judge David E. Peebles on 6/26/2019. (sal ) |
| Docket last updated: 8 hours ago |
| Thursday, September 09, 2021 | ||
|
order
Order
Thu 09/09 4:40 PM
TEXT ORDER: Pursuant to General Order #22, Docket entry # 4 CD Exhibits 1 and 2 labelled Bechtold Body Camera Footage and Allard Body Camera Footage filed by Edward E. Kopko, Esq. on behalf of plaintiff in support of the #1 Complaint is being returned to Attorney Edward E. Kopko, for retention as it is no longer necessary for the Court to maintain the submissions since the case is closed. Authorized by Chief Judge Glenn T. Suddaby on 9/9/2021. (Copy of this Text Order and the 2 CDs returned to Attorney via regular mail)(gmd, ) |
||
| Monday, December 30, 2019 | ||
| 32 | 32
order
Stipulation and Order
Mon 12/30 11:45 AM
STIPULATION AND ORDER. Signed by Judge David N. Hurd on 12/30/2019. (ptm) |
|
| Friday, December 27, 2019 | ||
| 31 | 31
misc
Stipulation of Dismissal
Fri 12/27 12:14 PM
STIPULATION of Dismissal by City of Ithaca submitted to Judge Hurd. (Ryan, Molly) |
|
| Tuesday, December 03, 2019 | ||
| 30 | 30
order
Stipulation and Order 1 - Terminate Deadlines and Hearings ~Util - Set/Clear Flags
Tue 12/03 9:46 AM
STIPULATION AND ORDER. Signed by Magistrate Judge Miroslav Lovric on 12/3/2019. (jdp ) |
|
| Tuesday, November 26, 2019 | ||
|
adr
ADR Completed
Tue 11/26 4:44 PM
ADR COMPLETED - Case settled. Mediator David R. Homer terminated. (nmk) |
||
| Monday, November 25, 2019 | ||
| 29 | 29
misc
Stipulation of Dismissal
Mon 11/25 2:30 PM
STIPULATION of Dismissal as to Individual Defendants by Kyle Goldstein submitted to Judge Miroslav Lovric. (Kopko, Edward) |
|
| Friday, November 22, 2019 | ||
| 28 | 28
adr
Report of Mandatory Mediation
Fri 11/22 6:21 PM
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on November 22, 2019. Total Hours Spent by Mediator: 7.0; The outcome of Mandatory Mediation is: CASE HAS SETTLED. The Settlement Agreement and Stipulation for Dismissal are being prepared and will be submitted for the courts consideration. (Homer, David) |
|
| Tuesday, September 24, 2019 | ||
|
minutes
Pretrial Conference - Interim ~Util - Set Hearings
Tue 09/24 12:55 PM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Interim Pretrial Conference held on 9/24/2019; APP: E. Kopko, Esq. for the Plaintiff and M. Ryan, Esq. for the Defendant; On 9/24/2019, the Court held an In Person and on the record status conference with the parties. The Court summarized on the record the brief history of this litigation along with previous relevant filings and a previous hearing held before the Court. The Court reminded the parties that the schedules and deadlines previously set at the Rule 16 Initial Conference, and as memorialized at Dkt. 17, are firm deadlines. At todays hearing, both parties summarized on the record their view of the progress of discovery as of today and also discovery matters in the near future. The Court scheduled the next In Person, and on the record, status conference for 12/17/2019 at 10:00 AM at 15 Henry Street, Binghamton, New York before Magistrate Judge Miroslav Lovric. Appearances are required. (jdp ) |
||
| Tuesday, September 03, 2019 | ||
| 27 | 27
misc
Status Report
Tue 09/03 2:28 PM
STATUS REPORT by Kyle Goldstein. (Kopko, Edward) |
|
| Wednesday, August 21, 2019 | ||
| 26 | 26
order
Order
Wed 08/21 10:14 AM
TEXT ORDER: On 8/20/2019, the Court held a Hearing and Oral Arguments on the record in connection to Letter Motion22 . The Court set forth on the record the issues in22 along with the history of this matter. Both parties were given the opportunity to present their views and arguments concerning letter motion22 . The Court hereby ORDERS the Plaintiff to fully comply with ALL mandatory initial disclosures and rule 26 initial discovery within 14 days of the date of this hearing, that is no later than 9/3/2019. All of the deadlines and schedules, as previously set by this Court, remain in effect and are firm. The next status conference will be conducted IN PERSON on the record and in court. Parties must appear In Person. The next status conference to be held IN PERSON on the record and in court will be on 9/24/2019 at 11:00 AM at 15 Henry Street, Binghamton, NY. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/21/2019. (jdp ) |
|
|
minutes
Discovery Hearing ~Util - Set Deadlines ~Util - Set Hearings
Wed 08/21 10:11 AM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Discovery Hearing held on 8/21/2019. APP: J. Fitzgerald, Esq. and J. Violette, Esq. for the Plaintiff and M. Ryan Esq. for the Defendant. On 8/20/2019, the Court held a Hearing and Oral Arguments on the record in connection to Letter Motion22 . The Court set forth on the record the issues in22 along with the history of this matter. Both parties were given the opportunity to present their views and arguments concerning letter motion22 . Defendants advised the Court that since the filing of22 on 8/14/2019, Plaintiff has finally just commenced to comply with the mandatory initial disclosures and rule 26 discovery and Plaintiff commenced to do so on 8/15/2019 but that a number of additional mandatory initial disclosures are still outstanding and have not yet been provided or received from Plaintiff. The Court ORDERED Plaintiff to fully comply with ALL mandatory initial disclosures and rule 26 discovery within 14 days, that is no later than 9/3/2019. The Court set forth on the record once again all of the deadlines and schedules, as previously set by this Court, and reminded the parties that these deadlines are firm. The Court set the next status conference as an IN PERSON status conference to be held on the record and in court on 9/24/2019 at 11:00 AM at 15 Henry Street, Binghamton, NY before Magistrate Judge Miroslav Lovric. (jdp ) |
||
| Friday, August 16, 2019 | ||
| 25 | 25
order
Order on Letter Request
Fri 08/16 9:06 AM
TEXT ORDER: Defendants letter motion24 is GRANTED to the extent that an IN PERSON and on the record discovery hearing and oral arguments are hereby Re-Scheduled AS TO TIME ONLY (THE DATE REMAINS THE SAME) for Tuesday, August 20, 2019 at 11:30 AM at 15 Henry Street, Binghamton NY before Magistrate Judge Miroslav Lovric. Parties should be prepared to address and argue the discovery issues as summarized in 22 at that hearing. Parties are further advised that the current schedules and deadlines in this case are firm. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/15/2019. (jdp ) |
|
| Thursday, August 15, 2019 | ||
| 24 | 24
motion
Letter Request/Motion
Thu 08/15 9:34 AM
Letter Motion from Molly Ryan for Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca requesting time change for conference submitted to Judge Lovric . (Ryan, Molly) |
|
| Wednesday, August 14, 2019 | ||
| 23 | 23
order
Order on Letter Request
Wed 08/14 1:23 PM
TEXT ORDER: Defendants letter motion22 is GRANTED to the extent that an IN PERSON and on the record discovery hearing and oral arguments are hereby scheduled for Tuesday, August 20, 2019 at 10AM at 15 Henry Street, Binghamton NY before Magistrate Judge Miroslav Lovric. Parties should be prepared to address and argue the discovery issues as summarized in22 at that hearing. Parties are further advised that the current schedules and deadlines in this case are firm. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/14/2019. (jdp, ) |
|
| 22 | 22
motion
Letter Request/Motion
Wed 08/14 12:05 PM
Letter Motion from Molly Ryan for Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca requesting conference submitted to Judge Lovric . (Ryan, Molly) |
|
| Wednesday, July 24, 2019 | ||
| 21 | 21
adr
Stipulation Selecting Mediator
Wed 07/24 9:53 AM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Hon. David R. Homer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Molly M. Ryan and Edward E. Kopko. Dated: 07/24/2019(Ryan, Molly) |
|
| Friday, July 19, 2019 | ||
| 20 | 20
misc
Sealed Document
Fri 07/19 11:52 AM
***SEALED DOCUMENT AFFIDAVITS re Magistrate Judge David E. Peebles18 Order. (jdp ) |
|
| Monday, July 01, 2019 | ||
| 19 | 19
1
pgs
order
Order Reassigning Case
Mon 07/01 3:59 PM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (jdp, ) |
|
| Wednesday, June 26, 2019 | ||
| 18 | 18
7
pgs
order
Order
Wed 06/26 4:15 PM
ORDER REGARDING POTENTIAL CONFLICT OF JOINT REPRESENTATION OF THE DEFENDANTS. If, after being informed in writing of the potential or actual conflict, any defendant wishes to retain separate counsel, it should notify the Court within twenty (20) days of the date of this order of the identity of counsel that will represent the party. In the event that the defendants wish to proceed while being represented by their current counsel, an affidavit must be filed with the court under seal within twenty (20) days of the date of this order. Signed by Magistrate Judge David E. Peebles on 6/26/2019. (sal ) |
|
| 17 | 17
order
Uniform Pretrial Scheduling Order
Wed 06/26 4:07 PM
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 7 days. Preferred Trial Location: Binghamton. Joinder of Parties due by 8/15/2019. Amended Pleadings due by 8/15/2019. Completion of Mandatory Mediation due by 10/31/2019. Completion of all Discovery due by 6/30/2020. Dispositive Motions to be filed by 8/31/2020. Signed by Magistrate Judge David E. Peebles on 6/26/2019. (sal ) |
|
| 16 | 16
2
pgs
order
Order Referring Case to Mandatory Mediation
Wed 06/26 4:02 PM
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 7/24/2019. Deadline for completion of Mandatory Mediation is 10/31/2019. Signed by Magistrate Judge David E. Peebles on 6/26/2019. (sal ) |
|
|
minutes
Pretrial Conference - Initial
Wed 06/26 4:00 PM
TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 6/26/2019. A Dunton order will be issued shortly. Initial written discovery demands will be served by 8/31/2019. Expert retention is anticipated. Joinder and amendment deadlines are set for 8/15/2019. Completion of mandatory mediation is due by 10/31/2019. Completion of all discovery is due by 6/30/2020. Dispositive motion filing deadline is set for 8/31/2020. This will be a jury trial lasting 7 days. Parties prefer Binghamton as the trial location. This case will be reassigned to another magistrate judge shortly. APP: Edward Kopko, Esq., John Fitzgerald, Esq., Jason Violette, Esq., and Molly Ryan, Esq. (sal) |
||
| Monday, June 24, 2019 | ||
| 15 | 15
misc
Civil Case Management Plan
Mon 06/24 3:02 PM
CIVIL CASE MANAGEMENT PLAN by Kyle Goldstein. (Kopko, Edward) |
|
| Tuesday, June 11, 2019 | ||
|
utility
Set Deadlines/Hearings
Tue 06/11 2:50 PM
Reset Deadlines/Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the in person Initial Conference set for 7/5/2019 at 11:30 AM in Binghamton is rescheduled for 6/26/2019 at 2:00 PM in Syracuse before Magistrate Judge David E. Peebles. *The parties have already confirmed this date, time, and location* The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/21/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal ) |
||
| Monday, June 03, 2019 | ||
| 14 | 14
service
Certificate of Service
Mon 06/03 4:56 PM
CERTIFICATE OF SERVICE by Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca re13 Answer to Complaint (Ryan, Molly) |
|
| 13 | 13
answer
Answer to Complaint
Mon 06/03 4:56 PM
ANSWER to1 Complaint, by Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca.(Ryan, Molly) |
|
| Friday, April 26, 2019 | ||
| 12 | 12
order
Order on Letter Request
Fri 04/26 2:17 PM
TEXT ORDER granting11 Letter Request for an extension of time for Jacob V. Allard, John Barber, Daniel A. Bechtold, and the City of Ithaca to answer or otherwise respond to plaintiff's complaint on or before 6/3/2019. SO ORDERED by Magistrate Judge David E. Peebles on 4/26/2019. (sal ) |
|
| 11 | 11
motion
Letter Request/Motion
Fri 04/26 12:53 PM
Letter Motion from Molly Ryan for Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca requesting extension to anwer or move against the complaint submitted to Judge Peebles . (Ryan, Molly) |
|
| 10 | 10
service
Certificate of Service
Fri 04/26 12:50 PM
CERTIFICATE OF SERVICE by Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca re9 Notice of Appearance (Ryan, Molly) |
|
| 9 | 9
notice
Notice of Appearance
Fri 04/26 12:49 PM
NOTICE of Appearance by Molly M. Ryan on behalf of All Defendants (Ryan, Molly) |
|
| Thursday, April 25, 2019 | ||
|
misc
Clerk Correction of Docket Entry
Thu 04/25 11:00 AM
CLERK'S CORRECTION OF DOCKET ENTRY re6 Affidavit of Service: Clerk removed "4/15/2019" and added "4/16/2019", the correct date to this docket entry.7 Affidavit of Service: Clerk removed "4/15/2019" and added "4/12/2019", the correct date to this docket entry. (hmr) |
||
|
utility
Set/Reset Answer Deadline
Thu 04/25 11:10 AM
***Answer due date updated for Jacob V. Allard answer due 5/6/2019; John Barber answer due 5/7/2019; Daniel A. Bechtold answer due 5/3/2019; City of Ithaca answer due 5/6/2019. (hmr) |
||
| Wednesday, April 24, 2019 | ||
| 8 | 8
service
Affidavit of Service
Wed 04/24 4:51 PM
AFFIDAVIT of Service for Summons & Complaint served on City of Ithaca on 4/15/19, filed by Kyle Goldstein. (Kopko, Edward) |
|
| 7 | 7
service
Affidavit of Service
Wed 04/24 4:49 PM
AFFIDAVIT of Service for Summons & Complaint served on Daniel Bechtold on 4/15/19, filed by Kyle Goldstein. (Kopko, Edward) |
|
| 6 | 6
service
Affidavit of Service
Wed 04/24 4:49 PM
AFFIDAVIT of Service for Summons & Complaint served on John Barber on 4/15/19, filed by Kyle Goldstein. (Kopko, Edward) |
|
| 5 | 5
service
Affidavit of Service
Wed 04/24 4:48 PM
AFFIDAVIT of Service for Summons & Complaint served on Jacob Allard on 4/15/19, filed by Kyle Goldstein. (Kopko, Edward) |
|
| Tuesday, April 09, 2019 | ||
| 4 | 4
misc
Docket Annotation
Tue 04/09 10:54 AM
CD: Two CDs received referenced as exhibits 1 and 2 of the #1 Complaint. CDs maintained in the Syracuse Clerk's Office and are not available for public viewing. (meb) |
|
| Friday, April 05, 2019 | ||
| 3 | 3
misc
G.O. 25 Filing Order
Fri 04/05 3:09 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/5/2019 at 11:30 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/28/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
|
| 2 | 2
service
Summons Issued
Fri 04/05 3:07 PM
Summonses Issued as to Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca.(hmr) |
|
|
Att: 1
Summons Issued for Daniel A. Bechtold,
|
||
|
Att: 2
Summons Issued for John Barber,
|
||
|
Att: 3
Summons Issued for City of Ithaca
|
||
| Wednesday, April 03, 2019 | ||
| 1 | 1
cmp
Complaint
Fri 04/05 3:02 PM
COMPLAINT with Jury Demand against Jacob V. Allard, John Barber, Daniel A. Bechtold, City of Ithaca (Filing fee $400 receipt number ANYNDC-4700632) filed by Kyle Goldstein.(hmr) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3,
|
||
|
Att: 4
Exhibit 4,
|
||
|
Att: 5
Exhibit 5,
|
||
|
Att: 6
Civil Cover Sheet
|
||