Daniels v. Village of Depew et al

New York Western District Court
Judge:	Elizabeth A Wolford
Referred:	Hugh B Scott
Case #:	1:15-cv-00577
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	Jul 02, 2015
Terminated:	Apr 12, 2017

Docket
Parties (7)

Last checked: Tuesday Dec 29, 2015 7:56 AM EST

Defendant Mr. Brian Gummo 85 Manitou St Depew, NY 14043
Defendant Village of Depew Village of Depew 85 Manitou St Depew, NY 14043
Defendant Village of Depew Police Department	Represented By Thomas W. Bender Bender & Bender LLP contact info
Defendant Stan Carwile	Represented By Thomas W. Bender Bender & Bender LLP contact info
Defendant Police Officer Brian J Gummo	Represented By Thomas W. Bender Bender & Bender LLP contact info
Defendant Village of Depew	Represented By Thomas W. Bender Bender & Bender LLP contact info
Plaintiff Shawn Daniels 31 Annamarie Terrace Cheektowaga, NY 14225	Represented By Matthew A. Albert contact info

Docket last updated: 1 hours ago

Thursday, April 13, 2017
		adr ADR Plan Thu 04/13 12:09 PM ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) Related: [-]
Wednesday, April 12, 2017
39		39 order Text Order Wed 04/12 5:03 PM TEXT ORDER re38 Stipulation of Discontinuance. In light of the filing of the stipulation of discontinuance, the case is dismissed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/12/2017.(JWG) Related: [-]
38		38 misc Stipulation of Dismissal Wed 04/12 9:56 AM STIPULATION of Dismissal Stipulation of Discontinuance by Brian J Gummo, Village of Depew. (Bender, Thomas) Related: [-]
37		37 notice Notice (Other) Wed 04/12 9:52 AM NOTICE by Village of Depew Consent to Change Attorney (Bender, Thomas) Related: [-]
36		36 notice Notice (Other) Wed 04/12 9:48 AM NOTICE by Brian J Gummo Consent to Change Attornrey (Bender, Thomas) Related: [-]
Monday, March 27, 2017
35		35 order Text Order Mon 03/27 4:25 PM TEXT ORDER. The parties shall provide a joint status report concerning the status of the settlement on or before April 21, 2017. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/27/17. (JPL) Related: [-]
Wednesday, February 15, 2017
34		34 order Order on Motion to Compel Wed 02/15 1:16 PM TEXT ORDER finding as moot29 Motion to Compel given the mediation certification (Dkt. No. 32) announcing that the case has settled. If they have not done so by now then the parties will contact Judge Wolford's chambers as soon as possible to arrange for a formal closing of the case. SO ORDERED. Issued by Hon. Hugh B. Scott on 2/15/2017. (GAI) Related: [-]
33		33 minutes Oral Argument Wed 02/15 1:14 PM Minute Entry for proceedings held before Hon. Hugh B. Scott: Oral Argument held on 2/15/2017. Plaintiff's counsel is not present. Court advises defense counsel that it has received the mediation certification (Dkt. No. 32) announcing that the case has settled. Defense counsel pledges to take care of any paperwork necessary to close the case. APPEAR: Matthew A. Albert (P) not present; Thomas W. Bender (D). (Court Reporter FTR Gold.) (GAI) Related: [-]
32		32 adr Mediation Certification Wed 02/15 9:07 AM Mediation Certification by Michael Menard(Menard, Michael) Related: [-]
Friday, February 10, 2017
31		31 respm Affidavit in Opposition to Motion Fri 02/10 12:21 PM AFFIDAVIT in Opposition re29 First MOTION to Compel filed by Village of Depew Police Department. (Bender, Thomas) Related: [-]
Tuesday, January 31, 2017
30		30 order Text Order ~Util - Set Deadlines/Hearings Tue 01/31 8:53 AM TEXT ORDER RE:29 First MOTION to Compel filed by Shawn Daniels. Defendants will file any responding papers on or before 2/10/2017. Oral Argument is set for 2/15/2017 at 10:00 AM. SO ORDERED. Issued by Hon. Hugh B. Scott on 1/31/2017. (GAI) Related: [-]
Monday, January 30, 2017
29		29 motion Compel Mon 01/30 12:47 PM First MOTION to Compel by Shawn Daniels.(Albert, Matthew) Related: [-]
		Att: 1 Memorandum in Support Attorney Declaration,
		Att: 2 Exhibit A,
		Att: 3 Exhibit B,
		Att: 4 Exhibit C
Monday, December 12, 2016
28		28 adr Mediation Certification Mon 12/12 9:02 AM Mediation Certification by Michael Menard(Menard, Michael) Related: [-]
Friday, September 02, 2016
27		27 adr Stipulation-Selection of Mediator Fri 09/02 2:44 PM Stipulation-Selection of Mediator by Shawn Daniels(Albert, Matthew) Related: [-]
Thursday, August 04, 2016
26		26 order Scheduling Order Thu 08/04 4:37 PM SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text does 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.) Discovery completed by 5/31/2017. Dispositive Motions due by 8/31/2017. Signed by Hon. Hugh B. Scott on 8/4/2016. (GAI) Related: [-]
25		25 minutes Scheduling Conference Thu 08/04 2:36 PM Minute Entry for proceedings held before Hon. Hugh B. Scott: Scheduling Conference held on 8/4/2016. Court reviews proposed scheduling; Court will make some adjustments but otherwise finds proposal acceptable. Scheduling order will issue soon. APPEAR: Matthew A. Albert (P); Thomas W. Bender (D) not present. (Court Reporter FTR Gold.) (GAI) Related: [-]
Wednesday, July 27, 2016
24		24 misc Proposed Pretrial Order Wed 07/27 5:26 PM Proposed Pretrial Order Proposed scheduling Order after Attorney meeting by Shawn Daniels. (Albert, Matthew) Related: [-]
Wednesday, June 29, 2016
23		23 order Order on Motion to Adjourn Wed 06/29 7:35 PM TEXT ORDER granting22 Motion to Adjourn Scheduling Conference. The Scheduling Conference will occur on 8/4/2016 at 10:30 AM. SO ORDERED. Issued by Hon. Hugh B. Scott on 6/29/2016. (GAI) Related: [-]
22		22 motion Adjourn Wed 06/29 3:35 PM Motion to Adjourn Scheduling Conference by Village of Depew. (Bender, Thomas) Modified on 6/29/2016 to indicate letter motion filed with permission of chambers (GAI) Related: [-]
		order 1 - Terminate Deadlines and Hearings ~Util - Set Hearings Wed 06/29 7:36 PM ***Scheduling Conference set for 8/4/2016 10:30 AM before Hon. Hugh B. Scott. (GAI) Related: [-]
Friday, June 24, 2016
		utility E-Filing Notification Discovery Fri 06/24 11:41 AM E-Filing Notification: Pursuant to Local Rules, discovery should not be filed. No action required. 21 REQUEST for Production of Documents by Shawn Daniels.(Albert, Matthew), 20 INTERROGATORIES Propounded to All Defendants by Shawn Daniels.(Albert, Matthew) (SG) Related: [-]
Friday, May 20, 2016
		utility E-Filing Notification Fri 05/20 8:46 AM E-Filing Notification: Attorney instructed to file Request for Clerk's Entry of Default, motion terminated.17 Second MOTION for Default Judgment as to All Defendants (SG) Related: [-]
Tuesday, May 17, 2016
		order ~Util - Set Hearings Tue 05/17 4:47 PM ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDER This case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on 6/30/2016 at 10:30 AM, in the courtroom of the undersigned at 2 Niagara Square, Buffalo, New York. PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES ARE DIRECTED TO COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties are to have exchanged initial disclosures as required by Rule 26(a)(1); (2) the parties are to have met or conferred as required under Rule 26(f); and (3) the parties are to have filed a proposed discovery plan at least seven (7) days prior to the scheduling conference as also required by Rule 26(f). Under 28 U.S.C. � 636(c), the Magistrate Judge is available to conduct any or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. ( See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent; however, there will be no adverse consequences at all should the parties decline. SO ORDERED. Issued by Hon. Hugh B. Scott on 5/17/2016. (GAI) Related: [-]
Monday, May 16, 2016
19		19 order Text Order Referring Case to Magistrate Judge Mon 05/16 4:51 PM TEXT ORDER REFERRING CASE to Hon. Hugh B. Scott for all pretrial matters excluding dispositive motions. IT IS SO ORDERED.. Signed by Hon. Elizabeth A. Wolford on 5/16/16. (SG) Related: [-]
Monday, May 09, 2016
		adr ADR Plan Mon 05/09 3:57 PM ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) Related: [-]
Friday, May 06, 2016
18		18 answer Answer to Complaint Fri 05/06 2:53 PM ANSWER to Complaint by Brian J Gummo, Village of Depew.(Bender, Thomas) Related: [-]
		Att: 1 Certificate of Service
Thursday, May 05, 2016
17		17 motion Default Judgment Thu 05/05 4:12 PM Second MOTION for Default Judgment as to All Defendants by Shawn Daniels.(Albert, Matthew) Related: [-]
Monday, April 25, 2016
		utility E-Filing Notification Mon 04/25 10:36 AM E-Filing Notification: Motion to be terminated, Attorney directed to file Request for Clerk's Entry of Default, instructions can be found at www.nywd.uscourts.gov16 First MOTION for Default Judgment as to All Defendants (SG) Related: [-]
Friday, April 22, 2016
16		16 motion Default Judgment Fri 04/22 3:27 PM First MOTION for Default Judgment as to All Defendants by Shawn Daniels.(Albert, Matthew) Related: [-]
Friday, February 26, 2016
14		14 order Order on Motion to Dismiss for Failure to State a Claim Fri 02/26 3:54 PM -CLERK TO FOLLOW UP-DECISION AND ORDER granting in part and denying in part6 Motion to Dismiss for Failure to State a Claim. The Clerk of the Court is instructed to dismiss the Village of Depew Police Department and Chief Carwile as defendants in this action. Officer Gummo and the Village of Depew shall file an answer to Plaintiff's remaining cliams within 20 days of entry of this Decision and Order. Signed by Hon. Elizabeth A. Wolford on 02/26/2016. (LMD) Modified on 2/26/2016 (LMD) Related: [-]
Thursday, February 25, 2016
15		15 minutes Motion Hearing Tue 03/01 11:28 AM Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances Matthew Albert, Esq./pl and Thomas Bender, Esq./def. Motion Hearing held on 2/25/2016 re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stan Carwile, Brian J Gummo, Village of Depew Police Department, Village of Depew. (Court Reporter Karen Bush.) (LMD) Related: [-]
Tuesday, January 05, 2016
13		13 order Text Order ~Util - Set Hearings Tue 01/05 4:46 PM TEXT ORDER re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Oral Argument set for 2/25/2016 at 2:00 PM in the U.S. Courthouse, 100 State Street, Rochester, NY 14614 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/5/2016. (CDH) Related: [-]
Monday, November 30, 2015
12		12 misc Objections -- non-motion Mon 11/30 9:03 PM OBJECTIONS Application for Oral Arguments related to Defendants' Motion to Dismiss For Failure to State a Cause of Action filed by Plaintiff Shawn Daniels.. (Albert, Matthew) Related: [-]
Monday, November 02, 2015
11		11 respm Reply to Response to Motion Mon 11/02 3:30 PM REPLY to Response to Motion re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stan Carwile, Brian J Gummo, Village of Depew, Village of Depew Police Department.(Bender, Thomas) Related: [-]
		Att: 1 Certificate of Service
Tuesday, October 20, 2015
8		8 10 pgs respm Memorandum in Opposition to Motion Tue 10/20 2:34 AM MEMORANDUM in Opposition re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shawn Daniels.(Albert, Matthew) Related: [-]
		Att: 1 Memorandum in Support Part 2 of Memorandum
Friday, October 16, 2015
10		10 order Stipulation and Order ~Util - Update Answer Due Date Tue 10/20 9:27 AM STIPULATION AND ORDER, Answer due date updated as to Stan Carwile answer due 9/21/2015; Brian J Gummo answer due 9/21/2015; Village of Depew answer due 9/21/2015; Village of Depew Police Department answer due 9/21/2015. Signed by Hon. Elizabeth A. Wolford on 10/16/2015. retroactive to 9/21/2015 (LMD) Related: [-]
9		9 order Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings Tue 10/20 9:19 AM STIPULATION AND ORDER re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stan Carwile, Brian J Gummo, Village of Depew Police Department, Village of Depew, Responses due by 10/19/2015, Replies due by 11/1/2015. Signed by Hon. Elizabeth A. Wolford on 10/16/2015. (LMD) Related: [-]
Tuesday, September 22, 2015
7		7 order Scheduling Order Tue 09/22 4:20 PM TEXT MOTION SCHEDULING ORDER re6 Motion to Dismiss for Failure to State a Claim. Responses shall be filed on or before October 13, 2015. Replies shall be filed on or before October 20, 2015. Upon receipt of all papers, the Court will determine if oral argument is required and, if so, inform the parties of the date and time of such argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/22/2015. (CDH) Related: [-]
Monday, September 21, 2015
6		6 motion Dismiss for Failure to State a Claim Mon 09/21 11:54 AM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stan Carwile, Brian J Gummo, Village of Depew, Village of Depew Police Department.(Hecker, Holly) Related: [-]
		Att: 1 Memorandum in Support of Defendants' Motion to Dismiss,
		Att: 2 Certificate of Service
Friday, August 14, 2015
5		5 order Text Order ~Util - Update Answer Due Date Fri 08/14 2:49 PM TEXT ORDER re answer to1 Plaintiff's complaint. Pursuant to the4 stipulation submitted by the parties, Defendants must answer or otherwise move against Plaintiff's complaint on or before August 31, 2015. Signed by Hon. Elizabeth A. Wolford on 08/14/2015. (CAL) Related: [-]
4		4 misc Stipulation Fri 08/14 2:45 PM STIPULATION re1 Complaint. (CAL) Related: [-]
Thursday, August 06, 2015
3		3 service Affidavit of Service Thu 08/06 5:06 PM AFFIDAVIT of Service for 4 copies of summons and complaints; one per defendant served on Elizabeth King on 07/28/2015, filed by Shawn Daniels. (Albert, Matthew) Related: [-]
Thursday, July 02, 2015
2		2 service Summons Issued Thu 07/02 11:02 AM Summons Issued as to Stan Carwile, Brian J Gummo, Village of Depew, Village of Depew Police Department. (KM) Related: [-]
1		1 cmp Complaint Thu 07/02 9:28 AM COMPLAINT 0209-2301792 $400 against All Defendants, filed by Shawn Daniels.(Albert, Matthew) Related: [-]
		Att: 1 Complaint Part 2,
		Att: 2 4 Summons,
		Att: 3 Civil Cover Sheet
		utility Case Assigned/Reassigned Thu 07/02 10:53 AM Case assigned to Hon. Elizabeth A. Wolford. (KM) Related: [-]
		notice Notice of Availability of Magistrate Judge Thu 07/02 10:53 AM Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Notification to chambers of on-line civil opening. (KM) Related: [-]
		adr Automatic Referral to Mediation Thu 07/02 10:54 AM AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) Related: [-]

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