Case: Goodall v. New York State Department of Corrections and Community Supervision

Goodall v. New York State Dept. of Corrections and Community Supervision

Goodall v. New York State Dept. of Corrections and Community Supervision (DOCCS)

U.S. District Court for the Eastern District of New York

Goodall v. New York State Dept. of Corrections and Community Supervision (DOCCS)

Goodall v. New York State Dept. of Corrections and Community Supervision (DOCCS)

Goodall v. New York State Dept. of Corrections and Community Supervision (DOCCS)

Legal Defense Fund

COMPLAINT against Anthony Annucci, A. Cluever, Laurie Fisher, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, M. Noriega, L. O'Hara, Brandon Smith, filed by Shaun Goodall. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 11/5/2019.] (Entered: 01/31/2019)

1 Civil Cover Sheet

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MOTION for Leave to Proceed in forma pauperis by Shaun Goodall. (Davis, Kimberly) [Transferred from New York Eastern on 11/5/2019.] (Entered: 01/31/2019)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 11/5/2019.] (Entered: 01/31/2019)

NOTICE of Change of address filed by Shaun Goodall. Pltff states that his 15 Koren Lane, Middle Island, NY 11953 address is temporary and emergency shelter. He anticipates another change of address in the near future and request special consideration and understanding, due to his hardships and indigent status as a Pro Se litigant. Pltff further request that the decision regarding his in forma pauperis filing be mailed to the aforementioned address. (Docket Sheet Updated) (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 02/06/2019)

NOTICE of Change of Address and seeking to inquire whether any decisions have been render with regards to his motion; and requesting the status of his case, filed by Shaun Goodall. (Docket Sheet Updated) (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 02/28/2019)

Mail Returned as Undeliverable, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Docket Sheet previously sent to Shaun Goodall. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 03/11/2019)

Letter "MOTION" seeking status of Informa Pauperis Application, filed by Shaun Goodall. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/01/2019)

ORDER TO SHOW CAUSE: Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is granted. However, the court has concerns regarding whether venue in this district is proper considering that the individual defendants reside in, and the facility at issue is located in, Greene County, New York, which sits in the Northern District of New York. See 28 U.S.C. § 112(a). A substantial part of the events giving rise to plaintiff's claims occurred in the Northern District. (See ECF No. 1, Compl.) The court also understands that all the individual defendants, and the witnesses and evidence the parties will rely on to prove their claims and defenses, are located in that District. See N. Y. Mar. and Gen. Ins. Co. v. Lafarge N. Am., Inc. 599 F.3d 102, 112 (2d Cir. 2010). Therefore, plaintiff is ORDERED to show cause, by written submission to this court, no later than May 17, 2019, why this matter should not be transferred to the Northern District of New York pursuant to 28 U.S.C. § 1404(a), in the interests of justice and for the convenience of the parties and witnesses. The Clerk of Court is respectfully directed to serve a copy of this order on plaintiff at his address of record. Ordered by Judge Kiyo A. Matsumoto on 4/11/2019. (Mazzurco, Vincent) [Transferred from New York Eastern on 11/5/2019.]

NOTICE of Appearance by Geoffrey Howland Schotter on behalf of Shaun Goodall (aty to be noticed) (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/17/2019)

AMENDED COMPLAINT against All Defendants, filed by Shaun Goodall. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39) (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/17/2019)

ORDER: In light of plaintiff having retained counsel the court will hold in abeyance the deadline for its Order to Show Cause, dated April 11, 2019, until defendants are served. Plaintiff's counsel is directed to file proposed summons for each defendant. Ordered by Judge Kiyo A. Matsumoto on 4/18/2019. (Mazzurco, Vincent) [Transferred from New York Eastern on 11/5/2019.]

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/18/2019)

Summons Issued as to New York State Department of Corrections and Community Supervision. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Anthony Annucci. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Bryan Hilton. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Brandon Smith. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Marie Hammond. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Laurie Fisher. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Doreen Smith. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to L. Mardon. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to L. O'Hara. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to A. Cluever. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to M. Noriega. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Summons Issued as to Welytok. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/23/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/24/2019)

Summons Issued as to Marie Hammond. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to Laurie Fisher. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to Doreen Smith. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to Brandon Smith. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to L. Mardon. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to L. O'Hara. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to A. Cluever. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to Welytok. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Summons Issued as to M. Noriega. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/26/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/30/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 04/30/2019)

Summons Issued as to Laurie Fisher. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/03/2019)

Summons Issued as to L. O'Hara. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/03/2019)

SUMMONS Returned Executed by Shaun Goodall. Anthony Annucci served on 4/24/2019, answer due 5/15/2019; A. Cluever served on 4/30/2019, answer due 5/21/2019; Marie Hammond served on 4/30/2019, answer due 5/21/2019; Bryan Hilton served on 4/25/2019, answer due 5/16/2019; L. Mardon served on 4/30/2019, answer due 5/21/2019; New York State Department of Corrections and Community Supervision served on 4/24/2019, answer due 5/15/2019; Brandon Smith served on 4/30/2019, answer due 5/21/2019. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/04/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/06/2019)

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/06/2019)

SUMMONS Returned Executed by Shaun Goodall. Doreen Smith served on 4/30/2019, answer due 5/21/2019. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/06/2019)

SUMMONS Returned Executed by Shaun Goodall. Laurie Fisher served on 5/6/2019, answer due 5/27/2019. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/07/2019)

Amended Summons Issued as to Ashley Ann Welytok. (Galeano, Sonia) Modified on 5/13/2019 (Galeano, Sonia). [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/13/2019)

AMENDED Summons Issued as to Milagros Ayala Noriega. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/13/2019)

NOTICE of Appearance by Bruce Jay Turkle on behalf of Anthony Annucci, A. Cluever, Laurie Fisher, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, Brandon Smith, Doreen Smith (aty to be noticed) (Turkle, Bruce) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/13/2019)

MOTION for Extension of Time to File Answer or move with respect to First Amended Complaint by Anthony Annucci, A. Cluever, Laurie Fisher, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, Brandon Smith, Doreen Smith. (Turkle, Bruce) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/13/2019)

ORDER: The appearing defendants' 64 request to extend their time to answer is granted. Additionally, the court shall terminate the hold on the Order to Show Cause, issued April 11, 2019 as follows: plaintiff shall show cause by written submission to this court no later than June 14, 2019, why this matter should not be transferred to the Northern District of New York pursuant to 28 U.S.C. § 1404(a), in the interests of justice and for the convenience of the parties and witnesses. Once plaintiff shows cause, the court will order defendants to reply accordingly and, as needed, will set the deadlines for defendants to answer. Additionally, plaintiff should bear in mind Local Rule 30.1 which provides for the taxing of costs associated with depositions taken more than 100 miles from this courthouse. Ordered by Judge Kiyo A. Matsumoto on 5/14/2019. (Mazzurco, Vincent) [Transferred from New York Eastern on 11/5/2019.]

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/20/2019)

Summons Issued as to M. Noriega. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/22/2019)

SUMMONS Returned Executed by Shaun Goodall. Welytok served on 5/21/2019, answer due 6/11/2019. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 05/22/2019)

Summons Returned Unexecuted by Shaun Goodall as to M. Noriega. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/08/2019)

Summons Returned Unexecuted by Shaun Goodall as to M. Noriega. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/08/2019)

ORDER administratively terminating 64 Motion for Extension of Time to Answer. The motion was previously granted on May 14, 2019. Ordered by Judge Kiyo A. Matsumoto on 6/14/2019. (Mazzurco, Vincent) [Transferred from New York Eastern on 11/5/2019.]

MEMORANDUM in Opposition to OSC re transfer of venue to NDNY filed by Shaun Goodall. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/14/2019)

ORDER: In light of plaintiff's response to the court's Order to Show Cause, defendants are invited to respond no later than June 28, 2019. Ordered by Judge Kiyo A. Matsumoto on 6/15/2019. (Mazzurco, Vincent) [Transferred from New York Eastern on 11/5/2019.]

Proposed Summons. Re 9 Amended Complaint,,, by Shaun Goodall (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/19/2019)

AMENDED Summons Issued as to M. Noriega. (Galeano, Sonia) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/24/2019)

MEMORANDUM in Opposition re 70 Memorandum in Opposition to Plaintiff's response to OSC concerning transfer of venue of action filed by Anthony Annucci, A. Cluever, Laurie Fisher, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, L. O'Hara, Brandon Smith, Doreen Smith, Welytok. (Turkle, Bruce) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/27/2019)

DECLARATION re 70 Memorandum in Opposition to Plaintiff's response to OSC concerning transfer of venue of action by Anthony Annucci, A. Cluever, Laurie Fisher, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, L. O'Hara, Brandon Smith, Doreen Smith, Welytok (Turkle, Bruce) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/27/2019)

ORDER: The parties are respectfully directed to serve on Chambers two courtesy copies of their respective papers filed in response to the court's Order to Show Cause.Ordered by Judge Kiyo A. Matsumoto on 6/27/2019. (Mazzurco, Vincent) [Transferred from New York Eastern on 11/5/2019.]

SUMMONS Returned Executed by Shaun Goodall. M. Noriega served on 6/26/2019, answer due 7/17/2019. (Schotter, Geoffrey) [Transferred from New York Eastern on 11/5/2019.] (Entered: 06/28/2019)

ORDER: For the reasons stated in the attached, this case is transferred to the Northern District of New York pursuant to 28 U.S.C. § 1404. Ordered by Judge Kiyo A. Matsumoto on 10/1/2019. (Mazzurco, Vincent)[Transferred from New York Eastern on 11/5/2019.]

Case transferred to Northern District of New York. Original file, certified copy of transfer order, and docket sheet sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 11/5/2019.]

Case transferred in from District of New York Eastern; Case Number 1:19-cv-00532. electronically transferred when case opened (Entered: 11/05/2019)

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 2/3/2020 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) (Entered: 11/06/2019)

NOTICE of Appearance by Kyle W. Sturgess on behalf of Anthony Annucci, A. Cluever, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, M. Noriega, Brandon Smith, Doreen Smith, Welytok (Attachments: # 1 Declaration of Service)(Sturgess, Kyle) (Entered: 11/14/2019)

~Util - Set Deadlines

Order

***Answer due date updated for Anthony Annucci answer due 12/6/2019; A. Cluever answer due 12/6/2019; Marie Hammond answer due 12/6/2019; Bryan Hilton answer due 12/6/2019; L. Mardon answer due 12/6/2019; New York State Department of Corrections and Community Supervision answer due 12/6/2019; M. Noriega answer due 12/6/2019; Brandon Smith answer due 12/6/2019; Doreen Smith answer due 12/6/2019; Welytok answer due 12/6/2019. (meb)

TEXT ORDER: Defense counsel is directed to file a status report by December 6, 2019 regarding the status of service for defendants Fisher and O'Hara. Authorized by Magistrate Judge Christian F. Hummel on 11/15/2019. (meb) (Entered: 11/15/2019)

NOTICE of Appearance by Kyle W. Sturgess on behalf of Laurie Fisher (Attachments: # 1 Declaration of service)(Sturgess, Kyle) (Entered: 11/20/2019)

***Answer due date updated for Laurie Fisher answer due 12/6/2019. (meb, )

Letter Motion from Geoffrey Schotter to Magistrate Judge Hummel for Shaun Goodall requesting approval of proposed summons submitted to Judge Hummel . (Attachments: # 1 Proposed Summons L. O'Hara)(Schotter, Geoffrey) (Entered: 11/26/2019)

TEXT ORDER RE 82 Letter Request: Plaintiff's request for approval of a proposed summons for defendant O'Hara is GRANTED. The Clerk is directed to issue the summons attached to the request. Authorized by Magistrate Judge Christian F. Hummel on 12/3/2019. (meb) (Entered: 12/03/2019)

Order on Letter Request

Summons Issued as to L. O'Hara. (meb) (Entered: 12/03/2019)

NOTICE of Appearance by Kyle W. Sturgess on behalf of L. O'Hara (Attachments: # 1 Declaration of service)(Sturgess, Kyle) (Entered: 12/04/2019)

STATUS REPORT regarding status of service on Defendants Fisher and O'Hara by Laurie Fisher, L. O'Hara. (Sturgess, Kyle) (Entered: 12/05/2019)

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and/or for failure to state a claim Motion Hearing set for 1/24/2020 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 1/7/2020 Reply to Response to Motion due by 1/13/2020. filed by Anthony Annucci, A. Cluever, Laurie Fisher, Marie Hammond, Bryan Hilton, L. Mardon, New York State Department of Corrections and Community Supervision, M. Noriega, L. O'Hara, Brandon Smith, Doreen Smith, Welytok. (Attachments: # 1 Declaration in support of motion to dismiss, # 2 Memorandum of law in support of motion to dismiss) (Sturgess, Kyle) (Entered: 12/06/2019)

TEXT NOTICE: The Rule 16 Initial Conference scheduled for February 3, 2020 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) (Entered: 12/09/2019)