Bartolini et al v. Town of Dryden et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Miroslav Lovric |
| Case #: | 3:24-cv-01383 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Nov 13, 2024 |
| Last checked: Friday Nov 15, 2024 3:18 AM EST |
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Defendant
Planning Ray Burger
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Defendant
Council Person Christina Dravis
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Defendant
Shelley Knickerboker
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Defendant
Supervisor Dan Lamb
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Defendant
Law Firm Coughlin & Gerhart, LLP
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Represented By
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Defendant
Jason Leifer
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Defendant
Council Person Leonardo
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Defendant
Town Deputy Loren Sparling
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Defendant
Mark Spinner, Esq.
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Represented By
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Defendant
Town of Dryden
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Defendant
Vargas-Mendez
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Plaintiff
John A. Bartolini
153 East Main Street
Jefferson Valley, NY 10535 |
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Plaintiff
New York Metro Cloud LLC
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| Docket last updated: 3 hours ago |
| Friday, November 15, 2024 | ||
| 24 | 24
order
Order ~Util - Set Deadlines
Fri 11/15 10:29 AM
TEXT ORDER: a LLC may be represented only through counsel in this action. Therefore, on or before 12/5/2024, Plaintiff New York Metro Cloud LLC must obtain counsel to appear in this action and pursue any claims that it may have. Plaintiff New York Metro Cloud LLC is cautioned that failure to comply with this order may result in the imposition of sanctions including dismissal of its claims pursuant to Fed. R. Civ. P. 41. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/15/2024. (Served on Pro Se Plaintiff via regular mail)(jdc ) |
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misc
G.O. 25 Filing Order
Fri 11/15 9:10 AM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/2/2025 at 02:30 PM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/26/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
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misc
Docket Annotation
Fri 11/15 9:32 AM
Clerk mailed a copy of GO25 to pltf on 11/15/2024 and emailed a copy to Joseph Bauer Rizzo on 11/15/2024 (see) |
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| Thursday, November 14, 2024 | ||
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order
Order on Notice of Potential Related Case
Thu 11/14 3:48 PM
TEXT ORDER granting Direct Assignment. The cases are deemed related.. Signed by Judge David N. Hurd on 11/14/2024. (ptm) |
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misc
Pro Se Handbook and Notice Issued
Thu 11/14 2:23 PM
PRO SE HANDBOOK and NOTICE issued and mailed to John A. Bartolini on 11/14/2024 along with Local Rules and Remote Services handout. (see) |
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notice
Notice of Admission Requirement
Thu 11/14 2:00 PM
NOTICE OF ADMISSION REQUIREMENT as to Party Town of Dryden, Jason Leifer, Dan Lamb, Christina Davis, Leonardo, Vargas-Mendez, Ray Burger, Shelley Knickerboker, and Loren Sparling; Attorney Joseph Bauer Rizzo, Email address is jrizzo@r2olaw.com. Phone number is (585) 4547145. Admissions due by 12/2/2024. {Emailed to counsel on 11/14/2024}(see) |
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motion
Notice of Potential Related Case for Judicial Review
Thu 11/14 2:25 PM
TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 3:24-CV-1380. (see) |
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| Wednesday, November 13, 2024 | ||
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transfer
Case Transferred In - District Transfer
Thu 11/14 1:26 PM
Case transferred in from District of New York Southern; Case Number 7:24-cv-05925. electronically transferred when case opened |
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ORDER denying as moot11 Letter Motion for Conference In light of the transfer of these cases to the Northern District of New York, the pending letter motion in Bartolini I (Doc. 11) is DENIED as moot. Accordingly, the Clerk of Court is respectfully directed to (1) transfer Bartolini et al v. Town of Dryden et al, 24-cv-05925 and Bartolini et al v. Town of Dryden et al., 24-cv-07062 to the United States District Court, Northern District of New York, without delay; (2) terminate the motion the pending at Doc. 11 in Bartolini et al v. Town of Dryden et al, 24-cv-05925; and (3) administratively close both cases. SO ORDERED.. (Signed by Judge Philip M. Halpern on 11/13/2024) (jca) [Transferred from New York Southern on 11/14/2024.]
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| Tuesday, November 12, 2024 | ||
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ANSWER to1 Complaint,. Document filed by Shelley Knickerboker, Loren Sparling, Town of Dryden, Jason leifer, Dan Lamb, Christina Dravis, Leonardo, Vargas-Mendez, Ray Burger..(Rizzo, Joseph) [Transferred from New York Southern on 11/14/2024.]
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Att: 1
Exhibit Plaintiffs Applications to Town,
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Att: 2
Exhibit Record and Return,
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Att: 3
Exhibit B Cont-Record and Return,
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Att: 4
Exhibit B Cont-Record and Return,
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Att: 5
Exhibit B Cont-Record and Return,
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Att: 6
Exhibit B Cont-Record and Return,
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Att: 7
Exhibit Towns Notice of Decision,
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Att: 8
Exhibit Local Law No. 2
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| Wednesday, November 06, 2024 | ||
| 16 | 16
LETTER addressed to Judge Philip M. Halpern from Brett A. Scher dated November 6, 2024 re: Response to Court's November 1, 2024 Order re: venue. Document filed by Law Firm Coughlin & Gerhart, LLP, Mark Spinner, Esq..(Scher, Brett) [Transferred from New York Southern on 11/14/2024.]
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| Monday, November 04, 2024 | ||
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CONSENT LETTER addressed to Judge Philip M. Halpern from Joseph B Rizzo, Esq. dated 11/04/2024 re: venue. Document filed by Shelley Knickerboker, Loren Sparling, Town of Dryden, Jason leifer, Dan Lamb, Christina Dravis, Leonardo, Vargas-Mendez, Ray Burger..(Rizzo, Joseph) [Transferred from New York Southern on 11/14/2024.]
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| MAILING RECEIPT: Document No: 14. Mailed to: John A. Bartolini 153 East Main Street Jefferson Valley, NY 10535. [Transferred from New York Southern on 11/14/2024.] | ||
| Friday, November 01, 2024 | ||
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MEMO ENDORSEMENT on re:13 Letter filed by John A. Bartolini ENDORSEMENT Defendants are directed to respond to Plaintiffs October 25, 2024 letter (Doc. 13) by November 8, 2024. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/1/2024) (jca) [Transferred from New York Southern on 11/14/2024.]
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| Friday, October 25, 2024 | ||
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LETTER addressed to Judge Philip M. Halpern from John Bartolini dated 10/25/2024 re: Change of Venue Motion Section 1404(a) of Title 28 or Leave To Amend Motion Rule 4(C)(iii). Document filed by John A. Bartolini. (ar) [Transferred from New York Southern on 11/14/2024.]
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| Thursday, October 24, 2024 | ||
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LETTER addressed to Pro Se Clerk dated 10/17/2024 re: Letter from John Bartolini. (jw) [Transferred from New York Southern on 11/14/2024.]
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LETTER MOTION for Conference re:1 Complaint, Pre-Motion Conference on Motion to Dismiss addressed to Judge Philip M. Halpern from Brett A. Scher dated 10/24/2024. Document filed by Law Firm Coughlin & Gerhart, LLP, Mark Spinner, Esq..(Scher, Brett) [Transferred from New York Southern on 11/14/2024.]
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| Thursday, October 17, 2024 | ||
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LETTER addressed to Pro Se Clerk dated 10/17/24 re: Asking for procedural advice. Document filed by John A. Bartolini.(jbo) [Transferred from New York Southern on 11/14/2024.]
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| Friday, September 13, 2024 | ||
| 9 | 9
NOTICE OF APPEARANCE by Joseph Bauer Rizzo on behalf of Ray Burger, Christina Dravis, Shelley Knickerboker, Dan Lamb, Leonardo, Loren Sparling, Town of Dryden, Vargas-Mendez, Jason leifer..(Rizzo, Joseph) [Transferred from New York Southern on 11/14/2024.]
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Att: 1
Exhibit Certificate of service
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WAIVER OF SERVICE RETURNED EXECUTED. Christina Dravis waiver sent on 9/13/2024, answer due 11/12/2024; Loren Sparling waiver sent on 9/13/2024, answer due 11/12/2024; Town of Dryden waiver sent on 9/13/2024, answer due 11/12/2024; Leonardo waiver sent on 9/13/2024, answer due 11/12/2024; Ray Burger waiver sent on 9/13/2024, answer due 11/12/2024; Vargas-Mendez waiver sent on 9/13/2024, answer due 11/12/2024; Jason leifer waiver sent on 9/13/2024, answer due 11/12/2024; Shelley Knickerboker waiver sent on 9/13/2024, answer due 11/12/2024; Dan Lamb waiver sent on 9/13/2024, answer due 11/12/2024. Document filed by Christina Dravis; Loren Sparling; Town of Dryden; Leonardo; Ray Burger; Vargas-Mendez; Jason leifer; Shelley Knickerboker; Dan Lamb..(Rizzo, Joseph) [Transferred from New York Southern on 11/14/2024.]
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| Tuesday, August 27, 2024 | ||
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WAIVER OF SERVICE RETURNED EXECUTED. Mark Spinner, Esq waiver sent on 8/26/2024, answer due 10/25/2024. Document filed by Mark Spinner, Esq..(Scher, Brett) [Transferred from New York Southern on 11/14/2024.]
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Att: 1
Exhibit Certificate of Service
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WAIVER OF SERVICE RETURNED EXECUTED. Law Firm Coughlin & Gerhart, LLP waiver sent on 8/26/2024, answer due 10/25/2024. Document filed by Law Firm Coughlin & Gerhart, LLP..(Scher, Brett) [Transferred from New York Southern on 11/14/2024.]
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Att: 1
Exhibit Certificate of Service
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NOTICE OF APPEARANCE by Brett A. Scher on behalf of Law Firm Coughlin & Gerhart, LLP, Mark Spinner, Esq..(Scher, Brett) [Transferred from New York Southern on 11/14/2024.]
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Att: 1
Exhibit Cert of Service
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| Tuesday, August 13, 2024 | ||
| MAILING RECEIPT: Document No: 2. Mailed to: John A. Bartolini 153 East Main Street Jefferson Valley, NY 10535; NewYorkMetroCloudLLC . (nb) [Transferred from New York Southern on 11/14/2024.] | ||
| Monday, August 05, 2024 | ||
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CIVIL COVER SHEET filed..(rdz) [Transferred from New York Southern on 11/14/2024.]
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NOTICE OF PRO SE APPEARANCE by John A. Bartolini..(rdz) [Transferred from New York Southern on 11/14/2024.]
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STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/24) (rdz) [Transferred from New York Southern on 11/14/2024.]
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COMPLAINT against Ray Burger, Christina Dravis, Shelley Knickerboker, Dan Lamb, Law Firm Coughlin & Gerhart, LLP, Leonardo, Loren Sparling, Mark Spinner, Esq, Town of Dryden, Vargas-Mendez. (Filing Fee $ 405.00, Receipt Number 734)Document filed by John A. Bartolini..(rdz) Modified on 8/12/2024 (rdz). (rdz). [Transferred from New York Southern on 11/14/2024.]
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Att: 1
(8/12/2024) Exhibit Receipt
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| Case Designated ECF. (rdz) [Transferred from New York Southern on 11/14/2024.] | ||
| Magistrate Judge Victoria Reznik is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (rdz) [Transferred from New York Southern on 11/14/2024.] | ||
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information..(rdz) [Transferred from New York Southern on 11/14/2024.] | ||
| SUMMONS ISSUED as to Ray Burger, Christina Dravis, Shelley Knickerboker, Dan Lamb, Law Firm Coughlin & Gerhart, LLP, Leonardo, Loren Sparling, Mark Spinner, Esq, Town of Dryden, Vargas-Mendez, Jason leifer..(rdz) [Transferred from New York Southern on 11/14/2024.] | ||