New York Western District Court
Judge:John L Sinatra, Jr
Referred: Michael J Roemer
Case #: 1:24-cv-00626
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause42:1983 Civil Rights Act
Case Filed:Jul 02, 2024
Case in other court:Niagara County Supreme Court, E183634/2024
Last checked: Saturday Aug 17, 2024 8:32 AM EDT
Defendant
Deputy Aaron Coney
Hurwitz Fine The Liberty Building 424 Main Street Suite 1300
Buffalo, NY 14202
Represented By
Michael F. Perley
Hurwitz Fine P.C.
contact info
Defendant
County of Niagara
Hurwitz Fine The Liberty Building 424 Main Street Suite 1300
Buffalo, NY 14202
Represented By
Michael F. Perley
Hurwitz Fine P.C.
contact info
Defendant
Niagara County Sheriff's Department
Hurwitz Fine The Liberty Building 424 Main Street Suite 1300
Buffalo, NY 14202
Represented By
Michael F. Perley
Hurwitz Fine P.C.
contact info
Defendant
Deputy Derek Pacheco
Hurwitz Fine The Liberty Building 424 Main Street Suite 1300
Buffalo, NY 14202
Represented By
Michael F. Perley
Hurwitz Fine P.C.
contact info
Defendant
Deputy Mitchell Pegan
Hurwitz Fine The Liberty Building 424 Main Street Suite 1300
Buffalo, NY 14202
Represented By
Michael F. Perley
Hurwitz Fine P.C.
contact info
Mediator
Hugh M. Russ, III
Plaintiff
Samual A. Palazzo
Lipsitz Green Scime Cambria 42 Delaware Avenue Suite 120
Buffalo, NY 14202
Represented By
Melissa Dorothy Wischerath
Lipsitz Green Scime Cambria LLP
contact info


Docket last updated: 09/30/2024 11:59 PM EDT
Thursday, September 19, 2024
9 9 service Summons Issued Thu 09/19 11:46 AM
Summons Issued as to Martin Derkovitz, Jacob Wackowski.(SG)
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Att: 1 Summons Issued
Friday, September 06, 2024
8 8 16 pgs cmp Amended Complaint Fri 09/06 1:14 PM
AMENDED COMPLAINT against All Defendants, filed by Samual A. Palazzo.(Wischerath, Melissa)
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Att: 1 Supplement Summons of Trooper Wackowski,
Att: 2 Supplement Summons of Trooper Derkovitz
Friday, August 09, 2024
7 7 adr Stipulation-Selection of Mediator Fri 08/09 5:21 PM
Stipulation-Selection of Mediator by Samual A. Palazzo. (Wischerath, Melissa)
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Friday, July 26, 2024
6 6 order Scheduling Order Fri 07/26 3:59 PM
CASE MANAGEMENT ORDER. (Please Note: This docket text may 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.) Stipulation of Selection of Mediator due by 8/21/2024. Mandatory Disclosures due by 9/4/2024. Motions to Join Parties/Amend Pleadings due by 9/30/2024. First Mediation Session due by 10/9/2024. Motions to Compel Discovery due by 1/10/2025. Discovery completed by 2/28/2025. Plaintiff Expert Witness ID due by 3/17/2025. Defendant Expert Witness ID due by 4/16/2025. Dispositive Motions due by 11/7/2025. Signed by Hon. Michael J. Roemer on 7/26/2024. (RAZ)
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Wednesday, July 17, 2024
5 5 3 pgs order Order Wed 07/17 4:10 PM
TEXT ORDER. The parties are hereby directed to jointly complete and email to chambers at roemer@nywd.uscourts.gov, the attached case management order. Such shall be completed within 30 days of the date of this Text Order. The Court will issue a final case management order upon receipt and review of the proposed deadlines. SO ORDERED. Issued by Hon. Michael J. Roemer on 7/17/2024. (RAZ)
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Tuesday, July 16, 2024
4 4 order Order Referring Case to Magistrate Judge Tue 07/16 10:56 AM
TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/16/2024. (KLH)
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Monday, July 15, 2024
3 3 answer Answer to Complaint Mon 07/15 3:48 PM
ANSWER to Complaint by Aaron Coney, County of Niagara, Niagara County Sheriff's Department, Derek Pacheco, Mitchell Pegan.(Perley, Michael)
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Wednesday, July 03, 2024
utility Case Assigned/Reassigned Wed 07/03 1:25 PM
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)
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adr Automatic Referral to Mediation Wed 07/03 1:26 PM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] . Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(LB)
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notice Notice of Availability of Magistrate Judge Wed 07/03 1:26 PM
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[LINK:http://www.uscourts.gov/services-forms/forms] . (LB)
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Tuesday, July 02, 2024
2 2 service Certificate of Service Tue 07/02 5:14 PM
CERTIFICATE OF SERVICE by Aaron Coney, County of Niagara, Niagara County Sheriff's Department, Derek Pacheco, Mitchell Pegan re1 Notice of Removal, (Perley, Michael)
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1 1 notice Notice of Removal Tue 07/02 5:03 PM
NOTICE OF REMOVAL by All Defendants from Niagara County Supreme Court, case number E183634/2024. (Filing fee $ 405 receipt number ANYWDC-5223077), filed by All Defendants.(Perley, Michael)
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Att: 1 Exhibit A: Index of State Court Pleadings,
Att: 2 Exhibit B: Summons and Complaint,
Att: 3 Civil Cover Sheet