Wade v. Town of Fishkill et al
New York Southern District Court | |
Judge: | Victoria Reznik |
Case #: | 7:23-cv-01623 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 42:1983 Civil Rights Act |
Case Filed: | Feb 27, 2023 |
Last checked: Saturday Aug 26, 2023 11:45 AM EDT |
Defendant
Joseph DiPalma
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Represented By
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Defendant
Town of Fishkill
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Represented By
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Plaintiff
Chassity Wade
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Represented By
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1. | Woman shot by cop has filed a federal lawsuit against the town and officer (midhudsonnews.com) |
Submitted Thu 03/09/2023 | |
Docket last updated: 04/07/2025 11:59 PM EDT |
Thursday, April 03, 2025 | ||
41 | 41
![]() ORDER granting40 Letter Motion for Extension of Time to File. The parties' request is GRANTED, and the deadline for the parties to submit a joint letter is extended to 4/11/2025. The Clerk of Court is kindly directed to close out the gavel associated with ECF No. 40. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 4/3/2025) (ks) |
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Wednesday, April 02, 2025 | ||
40 | 40
![]() LETTER MOTION for Extension of Time to File joint status report addressed to Magistrate Judge Victoria Reznik from Jonathan R. Goldman dated April 2, 2025. Document filed by Chassity Wade..(Goldman, Jonathan) |
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Thursday, March 13, 2025 | ||
39 | 39
minutes
Status Conference
Fri 03/14 10:40 AM
Minute entry for proceedings held before Magistrate Judge Victoria Reznik: Telephone Status Conference held on 3/13/2025 at 12:30 p.m. and recorded by Cisco Webex. The Court discussed the status of discovery and the parties explained that expert discovery was still outstanding because there was some uncertainty about the permanence of Plaintiff's injuries and the contents of Plaintiff's anticipated treating physician testimony, which impacted Defendants' expert discovery strategy. Plaintiff's counsel was directed to provide Defendant with more details about the scope of the treating physician's anticipated testimony relating to their prognosis and the permanence of Plaintiff's injury by 3/21/2025. The parties were then directed to meet and confer about expert discovery and submit a joint letter, by no later than 4/4/2025, updating the Court on what, if any, expert discovery remains and the amount of time needed to complete it. (ath) |
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Monday, March 10, 2025 | ||
38 | 38
![]() DISCOVERY ORDER: The parties have consented to proceed before a magistrate judge for all purposes in the above-referenced action. See 28 U.S.C. §636(c). All pre-trial applications submitted to the undersigned must comply with this Court's Individual Practices. All discovery (including requests for admission and any applications to the Court regarding the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. As further set forth in this Order. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 3/10/2025) (ks) |
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Friday, March 07, 2025 | ||
37 | 37
![]() ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled for March 13, 2025 at 12:30 pm. The parties are to dial in to the Cisco Webex conference line at 855-244-8681, enter Meeting ID #2310 527 2044 and then # to enter the conference. At the Status Conference, the parties should be prepared to discuss the following: As further set forth in this Order. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 3/7/2025) ( Telephone Conference set for 3/13/2025 at 12:30 PM before Magistrate Judge Victoria Reznik.) (ks) |
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Wednesday, March 05, 2025 | ||
36 | 36
![]() CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE IT IS ORDERED: Th.is case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Victoria Reznik. (Signed by Judge Philip M. Halpern on 3/5/2025) (jca) |
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35 | 35
![]() PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Chassity Wade. Document filed by Chassity Wade..(Goldman, Jonathan) |
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Monday, November 04, 2024 | ||
34 | 34
![]() FOURTH REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by September 30, 2024. The parties have conferred and their present best estimate of the length of the trial is 4-5 days. Deposition due by 2/28/2025. Expert Discovery due by 2/28/2025. Discovery due by 2/28/2025. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 11/4/2024) (jca) |
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33 | 33
![]() ORDER granting30 Letter Motion for Extension of Time to Complete Discovery Application granted. The telephone case management conference scheduled for January 14, 2025 is adjourned to April 17, 2025 at 10:00 a.m. The Fourth Revised Civil Case Discovery Plan and Scheduling Orderwill be separately docketed. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/4/2024) (jca) |
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utility
Set/Reset Hearings
Mon 11/04 3:13 PM
Set/Reset Hearings: Telephone Conference set for 4/17/2025 at 10:00 AM before Judge Philip M. Halpern. (jca) |
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Friday, November 01, 2024 | ||
32 | 32
![]() PROPOSED SCHEDULING ORDER. Document filed by Town of Fishkill, Joseph DiPalma..(Sokoloff, Brian) |
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Wednesday, October 30, 2024 | ||
31 | 31
order
Order
Wed 10/30 10:52 AM
ORDER: On October 29, 2024, the parties filed a proposed Civil Case Discovery Plan and Scheduling Order which indicates that all parties consent to conducting all further proceedings before a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). In the event the parties do in fact consent to conducting further proceedings before the assigned Magistrate Judge, they shall file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (form AO 85) using the ECF Filing Event "Proposed Consent to Jurisdiction by US Magistrate Judge" by 5:00 p.m. on November 1, 2024. In the event the parties do not so consent, they shall revise the proposed order and re-file the corrected document by 5:00 p.m. on November 1, 2024. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (sbh) |
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Tuesday, October 29, 2024 | ||
30 | 30
![]() JOINT LETTER MOTION for Extension of Time to Complete Discovery (expert discovery) addressed to Judge Philip M. Halpern from Brian S. Sokoloff dated October 29, 2024. Document filed by Town of Fishkill, Joseph DiPalma..(Sokoloff, Brian) |
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Att: 1
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Monday, August 05, 2024 | ||
29 | 29
![]() THIRD REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by September 30, 2024. The parties have conferred and their present best estimate of the length of the trial is 4-5 days. Deposition due by 12/4/2024. Fact Discovery due by 10/16/2024. Expert Discovery due by 12/4/2024. Discovery due by 12/4/2024. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 8/5/2024) (jca) |
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28 | 28
![]() ORDER granting27 Letter Motion for Extension of Time to Complete Discovery Application granted. The case management conference scheduled for November 25, 2024 is adjourned to January 14, 2025 at 9:30 a.m., and will be held by telephone. At the time of the conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Third Revised Civil Case Discovery Plan and Scheduling Order will be separately docketed. SO ORDERED.. (Signed by Judge Philip M. Halpern on 8/5/2024) (jca) |
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27 | 27
![]() JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Jonathan R. Goldman dated August 5, 2024. Document filed by Chassity Wade..(Goldman, Jonathan) |
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Att: 1
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utility
Set/Reset Hearings
Mon 08/05 5:55 PM
Set/Reset Hearings: Telephone Conference set for 1/14/2025 at 09:30 AM before Judge Philip M. Halpern. (jca) |
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Monday, June 10, 2024 | ||
26 | 26
![]() ORDER NOW, THEREFORE, it is hereby ORDERED that plaintiff's counsel may produce the relevant Grand Jury transcripts to defendants' counsel; and it is further ORDERED that the Grand Jury transcripts so produced shall be used solely for purposes of the litigation of this action. (Signed by Judge Philip M. Halpern on 6/10/2024) (jca) |
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25 | 25
![]() SECOND REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by August 2, 2024. The parties have conferred and their present best estimate of the length of the trial is 4-5 days. Deposition due by 10/4/2024. Fact Discovery due by 8/16/2024. Expert Discovery due by 10/4/2024. Discovery due by 10/4/2024. Case Management Conference set for 11/25/2024 at 11:00 AM before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 6/10/2024) (jca) |
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24 | 24
![]() ORDER granting23 Letter Motion for Extension of Time to Complete Discovery. Application granted. The case management conference scheduled for October 16, 2024 is adjourned to November 25, 2024 at 11:00 a.m. The Second Revised Civil Case Discovery Plan and Scheduling Order will be separately docketed. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/10/2024) (jca) |
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Friday, June 07, 2024 | ||
23 | 23
![]() JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Jonathan R. Goldman dated June 7, 2024. Document filed by Chassity Wade..(Goldman, Jonathan) |
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Att: 1
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Att: 2
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Monday, March 25, 2024 | ||
22 | 22
![]() REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by June 3, 2024. SO ORDERED. Expert Deposition due by 8/5/2024. Fact Discovery due by 6/17/2024. Expert Discovery due by 8/5/2024. Discovery due by 8/5/2024. Estimate length of trial 4-5 days. Case Management Conference set for 10/16/2024 at 10:00 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 3/25/2024) (tg) |
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21 | 21
![]() ORDER granting20 Letter Motion for Extension of Time to Complete Discovery. Application granted. The case management conference scheduled for July 9, 2024 is adjourned to October 16, 2024 at 10:00 a.m. The Revised Civil Case Discovery Plan and Scheduling Order will be separately docketed. SO ORDERED. Deposition due by 6/3/2024. (Signed by Judge Philip M. Halpern on 3/25/2024) (tg) |
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utility
Set/Reset Deadlines Set/Reset Hearings
Mon 03/25 11:22 AM
Set/Reset Deadlines: ( Expert Discovery due by 8/5/2024., Fact Discovery due by 6/17/2024.), Set/Reset Hearings:( Case Management Conference set for 10/16/2024 at 10:00 AM before Judge Philip M. Halpern.) (tg) |
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Sunday, March 24, 2024 | ||
20 | 20
![]() LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Philip M. Halpern from Jonathan R. Goldman dated March 24, 2024. Document filed by Chassity Wade..(Goldman, Jonathan) |
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Thursday, October 19, 2023 | ||
19 | 19
![]() CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by April 1, 2024. All expert discovery, including expert depositions, shall be completed by June 3, 2024.The parties have conferred and their present best estimate of the length of the trial is 4-5 days. SO ORDERED. Motions due by 11/20/2023. Deposition due by 6/3/2024. Fact Discovery due by 4/18/2024. Expert Discovery due by 6/3/2024. Discovery due by 6/3/2024. Case Management Conference set for 7/9/2024 at 10:00 AM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 10/19/2023) (vfr) |
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18 | 18
order
Order ~Util - Set Hearings
Thu 10/19 1:20 PM
ORDER: The initial conference is rescheduled to 3:00 p.m. today using the same dial-in instructions previously provided. (Initial Conference set for 10/19/2023 at 03:00 PM before Judge Philip M. Halpern.) (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (sbh) |
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minutes
Pretrial Conference - Initial
Thu 10/19 3:33 PM
Minute Entry for proceedings held before Judge Philip M. Halpern: Initial Pretrial Conference held on 10/19/2023. Counsel for all parties appeared by telephone. Civil case discovery plan and scheduling order will be separately docketed. (Court Reporter AT&T Teleconference) (sbh) |
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Wednesday, October 18, 2023 | ||
17 | 17
![]() PROPOSED CASE MANAGEMENT PLAN. Document filed by Joseph DiPalma, Town of Fishkill..(Sokoloff, Brian) |
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Att: 1
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Thursday, October 12, 2023 | ||
16 | 16
order
Order ~Util - Set Hearings
Thu 10/12 11:18 AM
ORDER: Due to a scheduling conflict, the initial telephone conference scheduled for 10/19/2023 at 2:30 p.m. is advanced to 1:15 p.m. on the same date, using the same dial-in instructions previously provided. (Initial Conference set for 10/19/2023 at 01:15 PM before Judge Philip M. Halpern.) (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (mf) |
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Thursday, August 24, 2023 | ||
15 | 15
![]() INITIAL CONFERENCE ORDER: At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. (And as further set forth herein.) SO ORDERED. Initial Conference set for 10/19/2023 at 02:30 PM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 8/24/2023) (jca) |
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Friday, July 14, 2023 | ||
adr
Mediation Conference Not Held
Fri 07/14 10:15 AM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 7/19/2023 will not be held. Mediation Status due by 7/31/2023.(mnp) |
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adr
Mediation Conference Scheduled
Fri 07/14 10:21 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/21/2023 at 01:00 PM in telephone or video conference.(mnp) |
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Thursday, July 13, 2023 | ||
13 | 13
![]() MEMO ENDORSEMENT on re:12 Letter filed by Town of Fishkill, Joseph DiPalma ENDORSEMENT Application granted. The time within which to conduct mediation under the 1983 Plan is extended to September 1, 2023. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/13/2023) (jca) |
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12 | 12
![]() LETTER addressed to Judge Philip M. Halpern from Brian S. Sokoloff dated July 13, 2023 re: Request to extend mediation deadline. Document filed by Joseph DiPalma, Town of Fishkill..(Sokoloff, Brian) |
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Friday, June 09, 2023 | ||
adr
Mediation Conference Not Held
Fri 06/09 2:21 PM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 6/20/2023 will not be held. Mediation Status due by 6/26/2023.(mnp) |
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adr
Mediation Conference Scheduled
Fri 06/09 2:22 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 7/19/2023 at 01:00 PM in telephone or video conference.(mnp) |
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Tuesday, June 06, 2023 | ||
notice
Notice of Redesignation to Magistrate Judge
Tue 06/06 5:42 PM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (vfr) |
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Friday, April 21, 2023 | ||
adr
Mediation Conference Scheduled
Fri 04/21 4:16 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 6/20/2023 at 01:00 PM in telephone or video conference.(mnp) |
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Thursday, April 13, 2023 | ||
adr
Notice of Mediator Assignment
Thu 04/13 10:55 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/12/2023.(ah) |
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Monday, April 10, 2023 | ||
adr
Section 1983 Plan 100-Day Review
Mon 04/10 12:31 PM
1983 PLAN 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Plan and shall schedule and hold the first mediation session in the case within fourteen (14) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 7/19/2023. Mediator to be Assigned by 4/24/2023.(rpr) |
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adr
Notice of Selection for Mediation
Mon 04/10 12:31 PM
NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(rpr) |
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Thursday, March 30, 2023 | ||
11 | 11
![]() ANSWER to1 Complaint with JURY DEMAND. Document filed by Joseph DiPalma, Town of Fishkill..(Sokoloff, Brian) |
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Monday, March 13, 2023 | ||
10 | 10
![]() NOTICE OF APPEARANCE by Brian S. Sokoloff on behalf of Joseph DiPalma, Town of Fishkill..(Sokoloff, Brian) |
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Friday, March 10, 2023 | ||
9 | 9
![]() AFFIDAVIT OF SERVICE of Summons and Complaint. Joseph DiPalma served on 3/7/2023, answer due 3/28/2023. Service was accepted by Rebecca Tompkins. Document filed by Chassity Wade..(Goldman, Jonathan) |
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8 | 8
![]() AFFIDAVIT OF SERVICE of Summons and Complaint. Town of Fishkill served on 3/7/2023, answer due 3/28/2023. Service was accepted by Rebecca Tompkins. Document filed by Chassity Wade..(Goldman, Jonathan) |
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Friday, March 03, 2023 | ||
adr
Notice of Participation in Section 1983 Plan
Fri 03/03 12:19 PM
NOTICE OF PARTICIPATION IN 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's 1983 Plan. Please reference the Court's website, www.nysd.uscourts.gov/mediation, to review the 1983 Plan for White Plains, effective October 3, 2016, for important information.(rpr) |
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Tuesday, February 28, 2023 | ||
6 | 6
![]() ELECTRONIC SUMMONS ISSUED as to Joseph DiPalma..(pc) |
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5 | 5
![]() ELECTRONIC SUMMONS ISSUED as to Town of Fishkill..(pc) |
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notice
Case Opening Initial Assignment Notice
Tue 02/28 2:49 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Tue 02/28 2:50 PM
Magistrate Judge Paul E. Davison is so designated. 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] . (pc) |
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utility
Case Designated ECF
Tue 02/28 2:50 PM
Case Designated ECF. (pc) |
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Monday, February 27, 2023 | ||
4 | 4
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Joseph DiPalma, re:1 Complaint. Document filed by Chassity Wade..(Goldman, Jonathan) |
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3 | 3
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Town of Fishkill, re:1 Complaint. Document filed by Chassity Wade..(Goldman, Jonathan) |
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2 | 2
![]() CIVIL COVER SHEET filed..(Goldman, Jonathan) |
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1 | 1
![]() COMPLAINT against Joseph DiPalma, Town of Fishkill. (Filing Fee $ 402.00, Receipt Number ANYSDC-27394660)Document filed by Chassity Wade..(Goldman, Jonathan) |