Roth et al v. The City of Syracuse et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Mitchell J Katz |
| Case #: | 5:24-cv-00929 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Petition for Removal- Civil Rights Act |
| Case Filed: | Jul 26, 2024 |
| Case in other court: | NYS Supreme Court - Onondaga County, 006522/2024 |
| Last checked: Monday Sep 09, 2024 4:37 AM EDT |
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Defendant
Ben Walsh
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Defendant
Jake Dishaw
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Defendant
The Division of Code Enforcement of the Department of Community Development of the City of Syracuse
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Defendant
The City of Syracuse
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Plaintiff
Jake and Buck, LLC
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Plaintiff
Benjamin Tupper
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Plaintiff
Norman Roth
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Plaintiff
Relvco, Inc.
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Plaintiff
William Osuchowski
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Plaintiff
Legacy Management CNY Inc.
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Plaintiff
Happy Birds LLC
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Plaintiff
Robert Frank
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Plaintiff
Fort Allen LLC
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Plaintiff
Euclid, Inc.
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Plaintiff
Avon, Inc.
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| Docket last updated: 3 hours ago |
| Friday, October 11, 2024 | ||
| 26 | 26
order
Order on Letter Request
Fri 10/11 3:39 PM
TEXT ORDER: Granting22 Letter Request. Discovery deadlines are stayed. The court will reset discovery deadlines, following a conference with counsel, at the earlier of a decision on the motion to dismiss, or defendants request, on notice, for a conference to reset discovery deadlines. SO ORDERED by Magistrate Judge Mitchell J. Katz on 10/11/2024. (kmc) |
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| Wednesday, October 09, 2024 | ||
| 25 | 25
notice
Notice - Other
Wed 10/09 2:36 PM
NOTICE by Avon, Inc., Euclid, Inc., Fort Allen LLC, Robert Frank, Happy Birds LLC, Jake and Buck, LLC, Legacy Management CNY Inc., William Osuchowski, Relvco, Inc., Norman Roth, Benjamin Tupper As To City's Request for Stay of Discovery (Robertson, Thomas) |
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| 24 | 24
order
Order on Letter Request
Wed 10/09 10:19 AM
TEXT ORDER granting23 Letter Request to extend briefing deadlines re the21 First MOTION for Judgment on the Pleadings. Motion returnable before Judge David N. Hurd. Response to Motion due by 11/8/2024. Reply to Response to Motion due by 11/15/2024. Signed by Judge David N. Hurd on 10 09-2024 (rjm) |
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| Wednesday, October 02, 2024 | ||
| 23 | 23
motion
Letter Request/Motion
Wed 10/02 9:36 AM
Letter Motion from Thomas M. Robertson for Avon, Inc., Euclid, Inc., Fort Allen LLC, Robert Frank, Happy Birds LLC, Jake and Buck, LLC, Legacy Management CNY Inc., William Osuchowski, Relvco, Inc., Norman Roth, Benjamin Tupper requesting Extension in Time to Respopnd submitted to Judge David N. Hurd . (Robertson, Thomas) |
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notice
Notice of Hearing on Motion
Wed 10/02 9:27 AM
TEXT NOTICE re22 Letter Motion: Plaintiff's Response to Letter Motion due by 10/9/2024. (kmc) |
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| Monday, September 30, 2024 | ||
| 22 | 22
motion
Letter Request/Motion
Mon 09/30 11:06 AM
Letter Motion from Todd M. Long for Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh requesting a stay to all discovery and pending deadlines until a decision is reached with respect to Defendants' pending Fed. R. Civ. P. 12(c) motion (see Dkt. No. 21) submitted to Judge David N. Hurd . (D'Agostino, Emily) |
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| Friday, September 27, 2024 | ||
| 21 | 21
motion
Judgment on the Pleadings
Fri 09/27 4:10 PM
First MOTION for Judgment on the Pleadings filed by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh. Motion returnable before Judge David N. Hurd Response to Motion due by 10/18/2024. Reply to Response to Motion due by 10/25/2024 |
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Att: 1
Declaration Attorney Declaration of Todd M. Long, Esq., sworn to on September 27, 2024,
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Att: 2
Exhibit(s) A - Rental Registry Program (Article 9 of Chapter 27 of the City of Syracuse's Revised General Ordinances,
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Att: 3
Exhibit(s) B - Section 8-115 of the City of Syracuse Charter (1960),
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Att: 4
Memorandum of Law Memorandum of Law in support of Defendants' Motion for a Judgment on the Pleadings pursuant to Fed. R. Civ. P. Rule12(c)) (Long, Todd
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| Monday, September 09, 2024 | ||
| 20 | 20
order
Order
Wed 09/11 3:13 PM
TEXT ORDER: Plaintiffs' counsel is directed to file a status report by 11/15/2024, reporting on the status of the case. SO ORDERED by U.S. Magistrate Judge Mitchell J. Katz on 9/9/2024. (kmc) |
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| 19 | 19
order
Order Removing Case from ADR
Wed 09/11 3:12 PM
TEXT ORDER Removing Case from ADR Program. Signed by U.S. Magistrate Judge Mitchell J. Katz on 9/9/2024. (kmc) |
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| 18 | 18
order
Uniform Pretrial Scheduling Order
Wed 09/11 3:11 PM
UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 12/15/2024. Fact Discovery Cutoff is 4/1/2025. Plaintiffs Expert Disclosure Deadline is 6/1/2025. Defendants Expert Disclosure Deadline is 7/16/2025. Rebuttal Expert Disclosure Deadline is 7/30/2025. All Expert Discovery is to be completed by 8/29/2025. Dispositive Motions are to be filed by 5/15/2025. Signed by U.S. Magistrate Judge Mitchell J. Katz on 9/11/2024. (kmc) |
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minutes
Pretrial Conference - Initial
Wed 09/11 2:18 PM
TEXT Minute Entry for video Rule 16 conference held on 9/9/2024 before U.S. Magistrate Judge Mitchell J. Katz: The court explained the Mandatory Mediation Program to counsel and had opted the parties out of the program. Mandatory disclosures have been exchanged. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Hurd. Plaintiffs' counsel is directed to file a status report by 11/15/2024, reporting on the status of the case, as reflected in the accompanying text order. Appearances: Adam Wekstein, Esq. and Thomas Robertson, Esq. for plaintiffs; and Danielle Smith, Esq. for defendants. Time: 2:30 PM - 3:01 PM. (kmc) |
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| Friday, September 06, 2024 | ||
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notice
Notice - Other
Fri 09/06 2:31 PM
TEXT NOTICE of the video Rule 16 Initial Conference set for 9/9/2024 at 2:00 PM: The parties are directed to connect to conference using the link that has been provided to the parties by separate email. If the parties are not able to join by video, dial 315-691-0477 and enter code 357 043 162# to connect to the conference. (kmc) |
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| Tuesday, September 03, 2024 | ||
| 17 | 17
misc
Civil Case Management Plan
Tue 09/03 10:59 AM
CIVIL CASE MANAGEMENT PLAN by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh. (D'Agostino, Emily) |
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| Monday, August 26, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Mon 08/26 9:01 AM
NOTICE OF APPEARANCE by Thomas M. Robertson on behalf of All Plaintiffs (Robertson, Thomas) |
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misc
Text Notice of Filing Deficiency
Mon 08/26 9:46 AM
TEXT NOTICE OF FILING DEFICIENCY regarding the16 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. (kck) |
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| Tuesday, August 13, 2024 | ||
| 15 | 15
notice
Notice of Appearance
Tue 08/13 2:43 PM
NOTICE OF APPEARANCE by Danielle R. Smith on behalf of All Defendants (Smith, Danielle) |
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| Monday, August 12, 2024 | ||
| 14 | 14
misc
FRCP 7.1 Corporate Disclosure Statement
Mon 08/12 4:12 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Relvco, Inc.. (Wekstein, Adam) |
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| 13 | 13
misc
FRCP 7.1 Corporate Disclosure Statement
Mon 08/12 4:11 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Legacy Management CNY Inc.. (Wekstein, Adam) |
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| 12 | 12
misc
FRCP 7.1 Corporate Disclosure Statement
Mon 08/12 4:09 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Euclid, Inc.. (Wekstein, Adam) |
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| 11 | 11
misc
FRCP 7.1 Corporate Disclosure Statement
Mon 08/12 4:08 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Avon, Inc.. (Wekstein, Adam) |
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| 10 | 10
notice
Notice of Appearance
Mon 08/12 3:28 PM
NOTICE OF APPEARANCE by Adam L. Wekstein on behalf of All Plaintiffs (Wekstein, Adam) |
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| Friday, August 09, 2024 | ||
| 9 | 9
order
Order on Motion for Limited Admission Pro Hac Vice
Fri 08/09 10:19 AM
TEXT ORDER granting8 Motion for Limited Admission Pro Hac Vice for Adam L. Wekstein. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Attorney Wekstein is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Mitchell J. Katz on 8/9/2024. (ztc) |
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| Thursday, August 08, 2024 | ||
| 8 | 8
motion
Limited Admission Pro Hac Vice
Thu 08/08 2:57 PM
MOTION for Limited Admission Pro Hac Vice of Adam L. Wekstein, Esq. Filing fee $100, receipt number ANYNDC-6828906. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Mitchell J. Katz. (Trapp, Chris) |
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Att: 1
Declaration of Sponsor Chris G. Trapp, Esq. in support of Motion for Admission Pro Hac Vice,
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Att: 2
Exhibit(s) A,
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Att: 3
Exhibit(s) B,
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Att: 4
Exhibit(s) C,
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Att: 5
Exhibit(s) D
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| Tuesday, August 06, 2024 | ||
| 7 | 7
service
Affidavit of Service
Tue 08/06 12:57 PM
AFFIDAVIT of Service for Notice of Filing of Notice of Removal served on Hocherman Tortorella & Wekstein, LLP, counsel for Plaintiffs on July 29, 2024, filed by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh. (Long, Todd) |
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| Friday, August 02, 2024 | ||
| 6 | 6
answer
Answer to Complaint
Fri 08/02 3:40 PM
ANSWER to Complaint filed at Docket Number 2 by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh.(D'Agostino, Emily) |
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| Monday, July 29, 2024 | ||
| 5 | 5
misc
Letter Brief
Mon 07/29 5:09 PM
LETTER BRIEF explaining, correcting and supplementing certain discrete aspects of Defendants Notice of Removal. by Jake Dishaw, The City of Syracuse, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse, Ben Walsh.(Long, Todd) |
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Att: 1
Exhibit(s) A - Docket Document List from State Court Action,
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Att: 2
Exhibit(s) B - Confirmation Receipt of Filing
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| Friday, July 26, 2024 | ||
| 4 | 4
notice
Notice of Admission Requirement
Fri 07/26 3:01 PM
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Adam L. Wekstein, Esq. Email address is a.wekstein@htwlegal.com. Phone number is 914-421-1800. Admissions due by 8/9/2024. {Copy served upon Attorney with GO #25 via regular mail} (kck) |
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| 3 | 3
misc
G.O. 25 Filing Order
Fri 07/26 2:56 PM
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Video Conference set for 9/9/2024 at 2:00 PM before Magistrate Judge Mitchell J. Katz. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/3/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kck) |
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| 2 | 2
misc
State Court Complaint
Fri 07/26 2:52 PM
STATE COURT COMPLAINT relating to1 Notice of Removal filed by Plaintiffs in NYS Supreme Court - Onondaga County. (kck) |
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| 1 | 1
notice
Notice of Removal
Fri 07/26 2:48 PM
NOTICE OF REMOVAL from NYS Supreme Court - Onondaga County, case number 006522/2024 (Filing fee $405 receipt number ANYNDC-6813335) filed by The City of Syracuse, Ben Walsh, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse and Jake Dishaw. (kck) |
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Att: 1
Exhibit A - Summons and Complaint from the State Court Action, with Exhibits "1" through "4" attached thereto,
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Att: 2
Exhibit B - Affidavits of Service from Plaintiffs on Defendants,
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Att: 3
Exhibit C - State Court Action Docket Document List (Index No. 006522/2024),
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Att: 4
Exhibit D - State Court Action "Notice of Filing of Notice of Removal" (to be filed immediately in NYSCEF under Index No. 006522/2024),
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Att: 5
Civil Cover Sheet
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utility
Set/Reset Answer Deadline
Fri 07/26 3:04 PM
*** Answer due date set for The City of Syracuse, Ben Walsh, The Division of Code Enforcement of the Department of Community Development of the City of Syracuse and Jake Dishaw. Answers due 8/2/2024. (kck) |
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