Case: Lugo v. City of Troy

Lugo v. The City of Troy

Lugo v. The City of Troy

Lugo v. The City of Troy

Lugo v. The City of Troy

Lugo v. The City of Troy

COMPLAINT against The City of Troy, New York (Filing fee $400 receipt number ANYNDC-4622485) filed by Cheryl Seaton, Moses Lugo. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 01/18/2019)

1 Civil Cover Sheet

View on PACER

Summons Issued as to The City of Troy, New York. (meb) (Entered: 01/18/2019)

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 4/30/2019 at 11:30 AM via telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/23/2019. (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: 01/18/2019)

AFFIDAVIT of Service for Summons, filing order, complaint, case management plan served on Rachel Carter on 1/31/19, filed by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) (Entered: 02/04/2019)

***Answer due date updated for The City of Troy, New York answer due 2/21/2019. (jdp, )

NOTICE of Appearance by Jessica Barlow on behalf of All Plaintiffs (Barlow, Jessica) (Entered: 02/05/2019)

NOTICE of Appearance by Thomas J. O'Connor on behalf of The City of Troy, New York (O'Connor, Thomas) (Entered: 02/19/2019)

NOTICE of Appearance by Andrew S. Holland on behalf of The City of Troy, New York (Holland, Andrew) (Entered: 02/19/2019)

Letter Motion from Thomas J. O'Connor for The City of Troy, New York requesting extension of deadline to answer or move against Complaint until March 7, 2019 submitted to Judge Hon. Therese Wiley Dancks . (O'Connor, Thomas) (Entered: 02/19/2019)

TEXT ORDER granting 8 Letter Request for extension of time for defendant to respond to the complaint. The City of Troy, New York answer due 3/7/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/19/2019. (sg) (Entered: 02/19/2019)

ANSWER to 1 Complaint by The City of Troy, New York.(Holland, Andrew) (Entered: 03/07/2019)

AMENDED ANSWER to 1 Complaint by The City of Troy, New York. (Holland, Andrew) (Entered: 03/19/2019)

CIVIL CASE MANAGEMENT PLAN by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) (Entered: 04/23/2019)

CLERK'S TEXT NOTICE: With respect to the Rule 16 Conference scheduled for 4/30/2019 at 11:30AM, the Court advises that the Court will initiate the call to counsel. (sg)

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 4/30/2019. Appearances: Banjamin Thapa, Esq. and Jessica Barlow, Esq. for Plaintiffs. Andrew Holland, Esq. for Defendant. Court reviews Civil Case Management Plan. Rule 26 disclosures completed by both parties. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and order referring case into Mandatory Mediation will be issued. (Digitally Recorded)) (sg)

UNIFORM PRETRIAL SCHEDULING ORDER: Rule 33 and 34 Requests to be served by 5/24/2019. Joinder of Parties due by 8/1/2019. Mandatory mediation deadline 8/28/2019. Amended Pleadings due by 11/29/2019. Discovery due by 2/28/2020. Discovery motions due 3/6/2020. Dispositive Motions to be filed by 6/1/2020. Anticipated length of trial: 4 days. Trial Location: Albany NY. Signed by Magistrate Judge Therese Wiley Dancks on 4/30/2019. (sg) (Entered: 05/01/2019)

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 5/29/2019. Deadline for completion of Mandatory Mediation is 8/28/2019. Signed by Magistrate Judge Therese Wiley Dancks on 5/1/2019. (sg) (Entered: 05/01/2019)

TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 9/10/2019 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. The Court will initiate the call to counsel on that date. (sg)

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that James Potter, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Benjamin Thapa, Esq. and Andrew S. Holland, Esq.. Dated: 5/28/2019(Holland, Andrew) (Entered: 05/28/2019)

REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on August 8, 2019. Total Hours Spent by Mediator: 4.6; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Potter, James) (Entered: 08/13/2019)

ADR COMPLETED - CASE DID NOT SETTLE. Mediator James T. Potter terminated.(rjb, )

Status Report Order

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 9/10/2019. Appearances: Jessica Barlow, Esq. for Plaintiffs; Andrew Holland, Esq. for Defendant. Counsel report on status of discovery and progress of settlement following mediation. Defendant to serve response to Plaintiff's settlement demand by 9/30/2019. Plaintiff is to serve deficiency letter on Defendant re: discovery responses by 9/20/2019. Parties shall confer on discovery and Plaintiff to file a joint status report by 10/18/2019 re: status of any settlement negotiations, and status of discovery and whether there are any issues the parties cannot resolve. Court encourages parties to continue to negotiate to resolve the case. Deadlines remain as set at this time. (Digitally Recorded)) (sg)

TEXT ORDER: The Court made the following rulings at the 9/10/2019 Telephone Conference: Defendant to serve response to Plaintiff's settlement demand by 9/30/2019. Plaintiff is to serve deficiency letter on Defendant re: discovery responses by 9/20/2019. Parties shall confer on discovery and Plaintiff to file a joint status report by 10/18/2019 re: status of any settlement negotiations, and status of discovery and whether there are any issues the parties cannot resolve. Court encourages parties to continue to negotiate to resolve the case. Deadlines remain as set at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/10/2019. (sg) (Entered: 09/10/2019)

STATUS REPORT by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) (Entered: 10/18/2019)

TEXT ORDER: Court reviewed Dkt. No. 18 . The parties are to continue good faith efforts to resolve discovery disputes and provide responses to any outstanding written discovery requests by 11/5/2019. Thereafter, Plaintiff is directed to file a status report with the Court by 11/12/2019 regarding any unresolved discovery issues. Court will make further directives upon receipt of that report. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/22/2019. (sg ) (Entered: 10/22/2019)

Status Report Order

STATUS REPORT on Discovery by Moses Lugo, Cheryl Seaton. (Barlow, Jessica) (Entered: 11/12/2019)

TEXT ORDER: Court has reviewed Status Report (Dkt. No. 20 ). A Telephone Discovery Conference has been set for 12/3/2019 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number at the time of the call: 1-888-684-8852, Access Code 7855922. Plaintiffs and Defendant are to submit a letter brief with supporting case law by 5pm on 11/25/2019 setting forth their respective arguments as to why they should not be required to answer their opponent's demands and why their demands to which their opponents have objected should be answered by their opponent. Said letter briefs shall be no longer than 5pp, single spaced, 12 pt. font, plus any necessary exhibits. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/18/2019. (sg) (Entered: 11/18/2019)

~Util - Set Hearings

Order

LETTER BRIEF concerning outstanding discovery disputes by The City of Troy, New York. (Holland, Andrew) (Entered: 11/25/2019)

LETTER BRIEF Regarding Discovery by Moses Lugo, Cheryl Seaton. (Attachments: # 1 Exhibit(s))(Barlow, Jessica) (Entered: 11/25/2019)

~Util - Set Deadlines

Order

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 12/3/2019 re: issues raised at Dkt. 20. Court received letter briefs on the issues at Dkt. Nos. 22 and 23. After hearing from counsel, court issues decisions and sets deadlines. A separate text order will follow. Appearances: Benjamin Thapa, Esq. and Jessica Barlow, Esq. for Plaintiffs; Andrew Holland, Esq. for Defendant. (Digitally Recorded)) (sg )

TEXT ORDER: The Court made the following rulings at the 12/3/2019 Telephone Conference: With respect to Plaintiffs' document requests: Request #1 - Defendant to produce any documents requested as to sidewalks, curb cuts, and crosswalks from 1/2014 present. Request #2 - Defendant to produce documents concerning the status of Troy's ADA compliance from 1/2014 to present re: sidewalks, curb cuts, and crosswalks. Request #4 - Defendant to provide documents re: complaints and/or comments made to the City of Troy from 1/2014 to present re: clearance of snow and ice from sidewalks, curb cuts, and crosswalks for the core area of downtown Troy as discussed during the conference. Request #5 - Denied without prejudice to narrow and re-submit the demand to Defendant. Request #6 - Defendant to provide any and all plans or documents as requested from 1/2014 to present re: sidewalks, curb cuts and crosswalks. Request #7 - Defendant to provide CDB Grant Fund spending on improving accessibility of sidewalks, curb cuts, and crosswalks for the core downtown area from 1/2014 to the present. Plaintiffs' Interrogatories: Interrogatory #2 - Defendant is directed to respond with the name, job title, and business address of current employees or contractors of City of Troy who have knowledge re: snow removal regulations and requirements for property owners and business as pertains to sidewalks, curb cuts, and cross walks. Interrogatory #3- Defendant is directed to respond to this interrogatory regarding any plans for increasing accessibility to sidewalks, curb cuts, and crosswalks from 1/2014 to present. Defendant's Interrogatories: Interrogatory #7 - Plaintiff is directed to respond to this interrogatory as to each Plaintiff as directed during the conference. All responses as directed herein are due 1/17/2020. Court resets deadlines as follows: Plaintiff expert disclosure due 1/31/2020. Defendant expert disclosure due 3/16/2020. Rebuttal due 3/31/2020. Discovery due 4/30/2020. Discovery motions due 5/7/2020. Dispositive motions due 6/30/2020. Plaintiff to file status report by 1/31/2020 re: sufficiency of discovery responses and whether there are still any issues the parties are unable to resolve. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/3/2019. (sg ) (Entered: 12/03/2019)

STATUS REPORT Sufficiency of Discovery Responses by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) (Entered: 01/31/2020)

TEXT ORDER: Court has reviewed 25 Status Report filed in the case. A Telephone Discovery Conference has been set for 2/12/2020 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number at the time of the call: 1-888-684-8852, Access Code 7855922. Parties should be prepared to discuss confirmed dates for all fact witnesses' depositions and any other anticipated fact and expert discovery. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/3/2020. (sg ) (Entered: 02/03/2020)

~Util - Set Hearings

Order

Status Report Order

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 2/12/2020. Appearances: Benjamin Bikram Thapa, Esq., Simeon Goldman, Esq., Jessica Barlow, Esq. for Plaintiffs; Andrew Holland, Esq. for Defendant. Depositions of plaintiffs scheduled for March 16 and 17, and depositions of Defendants scheduled for April 8 and 9. Court discusses returning to mediation with counsel, and also advises that the Court is available for a settlement conference should the parties request. If parties return to mediation, they should advise the Court. Plaintiff does not anticipate experts. Plaintiff to file status report by 4/17/2020 re: what discovery remains. All deadlines remain as set. (Digitally Recorded)) (sg )

TEXT ORDER: Court makes the following directives at the 2/12/2020 telephone conference: If parties return to mediation, they should advise the Court. Plaintiff to file joint status report by 4/17/2020 re: what discovery remains and any discovery issues the parties are unable to resolve. All deadlines remain as set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/12/2020. (sg) (Entered: 02/12/2020)

Letter Motion from Thomas J. O'Connor, Esq. for The City of Troy, New York requesting one-time extension with respect to remaining discovery matters in this action submitted to Judge Hon. Therese Wiley Dancks . (O'Connor, Thomas) (Entered: 03/09/2020)

NOTICE of Appearance by Ronnie Sills Lindberg on behalf of The City of Troy, New York (Attachments: # 1 Certificate of Service for Appearance of Counsel of Ronnie Sills Lindberg, Esq.)(Lindberg, Ronnie) (Entered: 03/12/2020)

TEXT ORDER : Court has reviewed Defendant's letter requesting extension of deadlines (Dkt. No. 28 ), which is granted as follows: Depositions of plaintiffs to be held on 4/23/2020-4/24/2020. Defendant's expert disclosure due 5/1/2020. Rebuttal due 5/18/2020. Depositions of Defendant's employees to be held on 5/20/2020-5/21/2020 or 6/3/2020-6/4/2020. All discovery due 6/23/2020. Discovery motions due 6/30/2020. Dispositive motions to be filed by 8/27/2020. Defendant shall file a status report on discovery progress by 6/8/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/13/2020. (sg ) (Entered: 03/13/2020)

Order on Letter Request

STATUS REPORT/Request to Postpone Discovery by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) Modified on 4/21/2020 (sg, ). (Entered: 04/21/2020)

TEXT ORDER: Court has reviewed letter request (Dkt. No. 31 ) to stay discovery in light of the current pandemic, which is denied. However, discovery deadlines are extended as follows: fact discovery including depositions due 7/31/2020; Defendant's expert disclosure due 8/31/2020. Rebuttal due 9/15/2020. All discovery due 10/9/2020. Discovery motions due 10/16/2020. Dispositive motions to be filed by 12/18/2020. The parties should explore and further discuss conducting depositions via video. Defendant shall file a status report on discovery progress by 7/13/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/22/2020. (sg ) (Entered: 04/22/2020)

Order on Letter Request

STATUS REPORT/Letter Request for extension by The City of Troy, New York. (Lindberg, Ronnie) Modified on 7/14/2020 (sg, ). (Entered: 07/13/2020)

TEXT ORDER: Court has reviewed status report/letter request for extension of deadlines (Dkt. No. 33 ) which is granted as follows: fact discovery including ALL fact witnesses' depositions due 9/18/2020; Defendant's expert disclosure due 10/19/2020. Rebuttal due 11/3/2020. All discovery due 12/11/2020. Discovery motions due 12/18/2020. Dispositive motions to be filed by 2/1/2021. The parties should discuss final schedule of fact witnesses' depositions to be done via video if necessary. Plaintiffs shall file a status report confirming dates of all remaining fact witnesses' deposition by 8/21/2020. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/14/2020. (sg ) (Entered: 07/14/2020)

Order on Letter Request

NOTICE of Appearance by Christina Asbee on behalf of Moses Lugo, Cheryl Seaton (Asbee, Christina) (Entered: 08/15/2020)

STATUS REPORT Deposition Issues by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) (Entered: 08/21/2020)

STATUS REPORT by The City of Troy, New York. (Attachments: # 1 Letter to Plaintiffs' Counsel Benjamin Thapa, Esq. dated August 11, 2020)(O'Connor, Thomas) (Entered: 08/21/2020)

TEXT NOTICE of Discovery Conference: A Telephone Discovery Conference to discuss the issues raised at Dkt. Nos. 36 and 37 has been set for 8/31/2020 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, Access Code 8029754, Security Code 5427.(sg)

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 8/31/2020. Appearances: Benjamin Thapa, Esq. and Christina Asbee, Esq. for Plaintiffs; Thomas O'Connor, Esq. and Ronnie Sills Lindberg, Esq. for Defendant. Court addresses issues raised at Dkt. Nos. 36 and 37. Parties to each brief the issues raised during the conference with their positions and any relevant caselaw by submitting letter briefs no longer than 4 pp plus exhibits, single spaced, 12pt font, briefing the issues as directed during this conference by 9/4/2020 at 5pm. (sg)

LETTER BRIEF by Moses Lugo, Cheryl Seaton. (Attachments: # 1 Exhibit(s) Excerpts, Lugo Deposition, # 2 Exhibit(s) Excerpts, Seaton Deposition, # 3 Exhibit(s) Photos)(Thapa, Benjamin) (Entered: 09/04/2020)

LETTER BRIEF by The City of Troy, New York. (Attachments: # 1 Exhibit(s) Exhibit A - Deposition Transcript of Moses Lugo 7/27/20, # 2 Exhibit(s) Exhibit A - Deposition Transcript of Cheryl Seaton 7/27/20, # 3 Exhibit(s) Exhibit B - Locations in Plaintiffs Depositions)(O'Connor, Thomas) (Entered: 09/04/2020)

TEXT ORDER: Court has reviewed letter briefs (Dkt. Nos. 38 and 39 ) regarding dispute over scope of Rule 30(b)(6) deposition of defendant City of Troy. Upon careful consideration of the parties' arguments and relevant case law, and in view of the claims asserted, the Court agrees with plaintiffs who are qualified individuals under the ADA and defendant is subject to the ADA. The Court finds the defendant's sidewalk program is relevant to plaintiffs' claims regarding plaintiffs' rights to use defendant's sidewalk program and should not be limited to the locations to which plaintiffs testified they routinely travel. The Court finds the narrowed scope of Topics 1 and 2, as set forth by plaintiffs at Dkt. No. 38 at 2, regarding information pertaining to the physical condition and accessibility of the sidewalks, curb cuts, and crosswalks in Troy, defined as the core downtown areas from Front Street to Sixth Ave and Federal Street to Ferry Street, from January 1, 2015 to present, is relevant, particularly described, proportional to the needs of the case, and not unduly burdensome. The parties shall conduct the Rule 30(b)(6) deposition of defendant accordingly. So ordered by Magistrate Judge Therese Wiley Dancks on 9/11/2020. (sg ) (Entered: 09/11/2020)

Order

STATUS REPORT/Letter Motion re: Discovery Issues Joint Status Letter by Moses Lugo, Cheryl Seaton. (Thapa, Benjamin) Modified on 9/21/2020 (sg, ). (Entered: 09/18/2020)

TEXT ORDER granting 41 Letter Request for extension of deadlines as follows: Fact Discovery due 11/30/2020. Fact Discovery Motions due 12/7/2020. Plaintiff expert disclosure due 12/15/2020. Defendant expert disclosure due 1/15/2021. Rebuttal due 1/29/2021. Discovery due by 3/12/2021. Discovery Motions due 3/26/2021. Dispositive Motions to be filed by 4/30/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/21/2020. (sg ) (Entered: 09/22/2020)

Order on Letter Request

Letter Motion from Plaintiffs re: Joint Stay Request for Moses Lugo, Cheryl Seaton requesting Stay request submitted to Judge Wiley-Dancks . (Thapa, Benjamin) (Entered: 11/19/2020)

TEXT ORDER: Court has reviewed letter motion (Dkt. No. 43 ) requesting an adjournment of the remaining pretrial deadlines to provide the parties with time to explore settlement option which is granted. All pretrial deadlines (see Dkt. No. 42 ) are adjourned at this time and will be reset if the parties are unable to reach a settlement by 12/30/2020. Parties to work in good faith on settlement negotiations. Plaintiffs to file status report on settlement negotiations by 12/30/2020 or upon reaching a settlement, whichever is sooner. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/20/2020. (sg) (Entered: 11/20/2020)

Order on Letter Request

NOTICE of Appearance by Erica Marie Molina on behalf of All Plaintiffs (Molina, Erica) (Entered: 11/25/2020)

Letter Request/STATUS REPORT Settlement Negotiations Update by Moses Lugo, Cheryl Seaton. (Molina, Erica) Modified on 12/29/2020 (sg, ). (Entered: 12/23/2020)

TEXT ORDER: Court has reviewed status report (Dkt. No. 46 ) regarding settlement negotiations, which the Court also construes as a letter request to extend the time for the parties to continue settlement negotiations and hold pretrial deadlines in abeyance. Letter request granted. All deadlines remain adjourned per Dkt. No. 44 . Plaintiff to file further status report on settlement negotiations no later than 1/22/2021. Parties should notify the Court immediately if settlement is reached before that date.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/29/2020. (sg ) (Entered: 12/29/2020)

Order on Letter Request

STATUS REPORT Settlement Negotiations Update by Moses Lugo, Cheryl Seaton. (Molina, Erica) (Entered: 01/22/2021)

TEXT ORDER: Court reviewed status report (Dkt. No. 48 ) and directs the parties to continue settlement negotiations. Parties should meet and confer regarding the most recent proposal by 2/16/2021. Defendant to file status report by 2/22/2021 regarding further negotiations. The parties should request a settlement conference if desired. Pretrial deadlines remain held in abeyance at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/25/2021. (sg) (Entered: 01/25/2021)

Status Report Order

STATUS REPORT/Letter Motion by The City of Troy, New York. (Lindberg, Ronnie) Modified on 2/23/2021 (sg, ). (Entered: 02/22/2021)

TEXT ORDER: Court reviewed status report (Dkt. No. 50 ) and resets pretrial deadlines as follows: all written discovery including responses to all outstanding demands due 4/9/2021; deposition(s) of defendants due 4/23/2021; plaintiffs expert disclosure due 4/30/2021; defendants expert disclosure due 5/21/2021; rebuttal expert disclosure due 6/4/2021; all expert depositions and all discovery due 6/11/2021; discovery motions due 7/2/2021; dispositive motions due 8/27/2021. No extensions will be granted absent extraordinary cause. The parties are encouraged to continue settlement negotiations. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/25/2021. (sg ) (Entered: 02/25/2021)

Order on Letter Request

Letter Motion from Plaintiffs for Moses Lugo, Cheryl Seaton requesting Court Conference to Resolve Discovery Dispute submitted to Judge Therese W. Dancks . (Molina, Erica) (Entered: 04/08/2021)

TEXT ORDER granting 52 Letter Request for telephone conference with the Court. Telephone Discovery Conference set for 4/13/2021 at 1:45 PM before Magistrate Judge Therese Wiley Dancks. Defense counsel should be prepared to explain to the Court why he has not responded to plaintiffs' request to confirm the 30(b)(6) deposition, why he has not identified the witness to be produced as requested, and why he should not be sanctioned for failing to participate in discovery in good faith. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 2678. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/12/2021. (sg) (Entered: 04/12/2021)

Order on Letter Request

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 4/13/2021. Appearances: Christina Asbee, Esq. and Erica Molina, Esq. for Plaintiffs; Thomas O'Connor, Esq. and Ronnie Sills Lindberg, Esq. for Defendant. Court addresses issues raised at Dkt. 52. After conferring with counsel, Court makes directives. A separate text order will be issued. (sg)

TEXT ORDER: The Court made the following directives at the 4/13/2021 telephone Discovery Conference: Defendant to provide Bates stamped documents to Plaintiffs that identify what demands the documents are responding to by 5pm today, 4/13/2021. Defendants to provide status report by 4/16/2021 advising the Court that the deposition of the Code Enforcement Officer took place on 4/14/2021, and confirming the dates of the depositions of the City Engineer and Budget person. All deadlines remain as currently set. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/13/2021. (sg) (Entered: 04/13/2021)

Status Report Order

Letter Motion from Plaintiffs for Moses Lugo, Cheryl Seaton requesting Court Conference to Resolve Discovery Dispute submitted to Judge Therese W. Dancks . (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Molina, Erica) (Entered: 04/15/2021)

Letter Motion from Thomas J. O'Connor, Esq. for The City of Troy, New York requesting requesting an extension until 6:00 p.m. to file update submitted to Judge Hon. Therese Wiley Dancks . (O'Connor, Thomas) (Entered: 04/16/2021)

STATUS REPORT by The City of Troy, New York. (O'Connor, Thomas) (Entered: 04/16/2021)

TEXT ORDER granting 55 Letter Request for court conference. Telephone Discovery Conference set for 4/20/2021 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7844. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/19/2021. (sg ) (Entered: 04/19/2021)

Order on Letter Request

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 4/20/2021. Appearances: Christina Asbee, Esq. for Plaintiffs; Thomas O'Connor, Esq. and Ronnie Sills Lindberg, Esq. for Defendant. Court discusses issues raised at Dkt. 55 and 56. Court makes directives, sets deadlines. A separate text order will be issued. (sg)

TEXT ORDER: Court made the following rulings at the 4/20/2021 Discovery Conference: Court grants Defendant's 56 Letter Request for extension of time to file status report. Plaintiffs are to provide to Defendant a list of 25 (maximum) addresses for which they request case summaries by 5/4/2021. Defendant to provide the case summaries to Plaintiffs by 5/18/2021. Court notes the depositions of the Mayor and City Engineer are set for 4/23/2021. Court encourages parties to revisit settlement and mediation. Deadlines are extended as follows: Depositions to be completed by 6/11/2021. Plaintiff expert disclosure due 6/18/2021. Defendant expert disclosure due 7/9/2021. Rebuttal due 7/23/2021. All Discovery, including expert discovery and expert depositions, due by 7/30/2021. Discovery Motions due 8/13/2021. Dispositive Motions to be filed by 9/30/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/20/2021. (sg) (Entered: 04/20/2021)

Order on Letter Request

Letter Motion from Thomas J. O'Connor, Esq. for The City of Troy, New York requesting permission to file dispositive motion prior to filing defendant's Expert Disclosure submitted to Judge Hon. Therese Wiley Dancks . (Attachments: # 1 Correspondence to Plaintiffs' Attorney dated August 11, 2020, # 2 Letter-Memorandum dated September 4, 2020)(O'Connor, Thomas) (Entered: 06/29/2021)

Letter Motion from Plaintiffs for Moses Lugo, Cheryl Seaton requesting Court Conference and Denial of Defendant Request to Stay Discovery submitted to Judge Therese W. Dancks . (Attachments: # 1 Exhibit(s) Exhibit 1 - Email Thread)(Molina, Erica) (Entered: 06/29/2021)

TEXT ORDER: Court has reviewed the parties' letter motions (Dkt. Nos. 60, 61 ) regarding expert disclosure. To the extent Dkt. No. 61 requests a court conference, that request is denied without prejudice at this time. Defendant's request to extend their expert disclosure deadline is granted. Defendant's expert disclosure is due 9/3/2021; rebuttal expert disclosure is due 9/20/2021; all discovery, including expert discovery and depositions, due 10/15/2021; dispositive motions due 11/15/2021. No further extensions will be granted. To the extent defendants seek permission to file a dispositive motion, such permission is not necessary pursuant to Local Rule 7.1. A party may make a dispositive motion at any time prior to the deadline set by the Court, subject to standing orders of individual chambers. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/30/2021. (sg ) (Entered: 06/30/2021)

Order on Letter Request AND Order on Letter Request

Letter Motion from Ronnie Sills Lindberg, Esq. for The City of Troy, New York requesting two (2) week extension for the remaining expert disclosure submitted to Judge Hon. Therese Wiley Dancks . (Lindberg, Ronnie) (Entered: 08/24/2021)

TEXT ORDER: Court has reviewed letter request for extension (Dkt. No. 63 ) of expert deadlines. Court previously stated that no further extensions would be granted (Dkt. No. 62 ); however, due to the reasons identified by counsel regarding the need for extension and because opposing counsel does not object, Court will grant the extension as requested. Defendant's expert disclosure now due 9/17/2021; rebuttal expert disclosure due 10/4/2021. The remaining deadlines as listed in Dkt. No. 62 remain in effect. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/24/2021. (sg) (Entered: 08/24/2021)

Order on Letter Request