Case: Derosier v. Czarny

DeRosier v. Czarny

DeRosier v. Czarny

DeRosier v. Czarny

DeRosier v. Czarny

DeRosier v. Czarny

DeRosier v. Czarny

DeRosier v. Czarny

COMPLAINT against Dustin M. Czarny, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Michele L. Sardo, Andrew J. Spano (Filing fee $400 receipt number ANYNDC-4469014) filed by John DeRosier. (Attachments: # 1 Civil Cover Sheet)(mgh) (Entered: 08/06/2018)

Summons Issued as to Dustin M. Czarny, Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Michele L. Sardo, Andrew J. Spano. (Attachments: # 1 Summons Issued as to Michele L. Sardo, # 2 Summons Issued as to Peter Kosinski, # 3 Summons Issued as to Douglas A. Kellner, # 4 Summons Issued as to Andrew J. Spano, # 5 Summons Issued as to Gregory P. Peterson)(mgh) (Entered: 08/06/2018)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/5/2018 09:30 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/29/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) (Entered: 08/06/2018)

NOTICE of Admission Requirement as to Party John DeRosier; Attorney Kevin Cope, Esq,. Phone number is (716) 842-2800. Admissions due by 8/20/2018. (Sent to Attorney Cope Via regular mail)(mgh) (Entered: 08/06/2018)

NOTICE of Appearance by Douglas A. Kellner on behalf of Douglas A. Kellner (Kellner, Douglas) (Entered: 08/21/2018)

NOTICE of Appearance by Benjamin M. Yaus on behalf of Dustin M. Czarny, Michele L. Sardo (Yaus, Benjamin) (Entered: 08/30/2018)

WAIVER OF SERVICE Returned Executed by John DeRosier. Dustin M. Czarny waiver sent on 8/9/2018, answer due 10/9/2018; Michele L. Sardo waiver sent on 8/9/2018, answer due 10/9/2018. (Attachments: # 1 Waiver of Service - Executed Sardo)(Colby, Jeremy) (Entered: 08/30/2018)

NOTICE of Appearance by C. Harris Dague on behalf of Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano (Dague, C.) (Entered: 08/31/2018)

WAIVER OF SERVICE Returned Executed by John DeRosier. Douglas A. Kellner waiver sent on 8/9/2018, answer due 10/9/2018; Peter S. Kosinski waiver sent on 8/9/2018, answer due 10/9/2018; Gregory P. Peterson waiver sent on 8/9/2018, answer due 10/9/2018; Andrew J. Spano waiver sent on 8/9/2018, answer due 10/9/2018. (Colby, Jeremy) (Entered: 09/06/2018)

NOTICE by Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano of Stipulated Briefing Schedule (Dague, C.) (Entered: 09/20/2018)

TEXT ONLY ORDER - Parties request for a stipulated briefing schedule, (Dkt. No. 10), is GRANTED. Defendants may file any dispositive motion on or before October 19, 2018. Plaintiff's response papers are to be filed on or before November 30, 2018. Defendants' reply papers are to be filed on or before December 14, 2018. The motion shall be made returnable for December 20, 2018 at 9:00 A.M. before Senior District Judge Gary L. Sharpe. The motion will be on SUBMIT only. No personal appearances are needed unless otherwise directed by the court. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/26/2018. (jel, ) (Entered: 09/26/2018)

TEXT ORDER : In light of the anticipated dispositive motion by defendants, the in person Rule 16 Conference set for 11/5/2018 at 9:30 AM in Syracuse is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of Mandatory Disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 9/26/2018. (sal ) (Entered: 09/26/2018)

Letter Motion from C. Harris Dague for Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano requesting Modification of Briefing Schedule On Consent of the Parties submitted to Judge Peebles . (Dague, C.) (Entered: 10/12/2018)

Text Only Order - Parties request for an amended stipulated briefing schedule, (Dkt. No. 13), is GRANTED. Defendants may file any dispositive motion on or before October 24, 2018. Plaintiff's response papers are to be filed on or before December 5, 2018. Defendants' reply papers are to be filed on or before December 20, 2018. The motion shall be made returnable for December 27, 2018 at 9:00 A.M. before Senior District Judge Gary L. Sharpe. The motion will be on SUBMIT only. No personal appearances are needed unless otherwise directed by the court. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/15/2018. (jel, ) (Entered: 10/15/2018)

Letter Motion from Jeremy A. Colby for John DeRosier requesting Modification of return date of motion, if oral argument is required submitted to Judge Sharpe . (Colby, Jeremy) (Entered: 10/16/2018)

Letter Motion from Kelly L. Munkwitz for Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano requesting an extension until Friday, November 26, 2018 for defendants to file a dispositive motion submitted to Judge Peebles . (Munkwitz, Kelly) (Entered: 10/24/2018)

Letter Motion from Kelly L. Munkwitz for Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano requesting Clarifying earlier filing submitted to Judge Peebles . (Munkwitz, Kelly) (Entered: 10/24/2018)

Letter Motion from Benjamin M. Yaus, Onondaga County Deputy County Attorney for Dustin M. Czarny, Michele L. Sardo requesting Time Extension submitted to Judge Sharpe . (Attachments: # 1 Request for Extension for Dispositive Motions (10-26-18))(Yaus, Benjamin) (Entered: 10/24/2018)

MOTION for Summary Judgment Motion Hearing set for 12/27/2018 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 12/10/2018 Reply to Response to Motion due by 12/17/2018. filed by Dustin M. Czarny, Michele L. Sardo. (Attachments: # 1 Affidavit Benjamin M. Yaus, # 2 Affidavit Onondaga County Commissioners, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Memorandum of Law, # 10 Statement of Material Facts, # 11 Certificate of Service) (Yaus, Benjamin) (Entered: 10/24/2018)

TEXT ONLY ORDER - Defendants' requests for extension of time until Friday, October 26, 2018 to file any dispositive motions, (Dkt. Nos. 16-18), are GRANTED. The parties are advised the briefing scheduled ordered by the court on October 15, 2018, (Dkt. No. 14), remains in full force and effect. For future reference, requests for extension filed on the date a filing is due are disfavored and may not be granted. Requests for extensions should be filed as soon as it becomes apparent that an extension is needed, but no later than 2 days before the deadline. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/26/2018. (jel, ) (Entered: 10/26/2018)

First MOTION for Summary Judgment (Pre-Answer) Motion Hearing set for 12/27/2018 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 12/10/2018 Reply to Response to Motion due by 12/17/2018. filed by Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano. (Attachments: # 1 Statement of Material Facts Pursuant to L.R. 7.1(a)(3), # 2 Declaration of Thomas Connolly with Exs. 1-4, # 3 Declaration of C. Harris Dague, # 4 Exhibit(s) 1 to Dague Decl., # 5 Exhibit(s) 2 to Dague Decl., # 6 Exhibit(s) 3 to Dague Decl., # 7 Exhibit(s) 4 to Dague Decl., # 8 Exhibit(s) 5 to Dague Decl., # 9 Memorandum of Law in Support of Motion) (Dague, C.) (Entered: 10/26/2018)

1 Statement of Material Facts Pursuant to L.R. 7.1(a)(3)

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2 Declaration of Thomas Connolly with Exs. 1-4

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3 Declaration of C. Harris Dague

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4 Exhibit(s) 1 to Dague Decl.

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5 Exhibit(s) 2 to Dague Decl.

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6 Exhibit(s) 3 to Dague Decl.

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7 Exhibit(s) 4 to Dague Decl.

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8 Exhibit(s) 5 to Dague Decl.

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9 Memorandum of Law in Support of Motion

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TEXT ONLY NOTICE of Hearing on Motion 19 MOTION for Summary Judgment, 21 First MOTION for Summary Judgment (Pre-Answer) : Response to Motion due by 12/5/2018 Reply to Response to Motion due by 12/20/2018. Motion Hearing set for 12/27/2018 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe on SUBMIT only. No personal appearances needed. Briefing schedule set pursuant to the court's 14 text only order issued on October 15, 2018.(jel, )

Letter Motion from Jeremy A. Colby for John DeRosier requesting Extension of time to serve opposition or cross-motion papers in response to Summary Judgment Motions filed submitted to Judge Sharpe . (Colby, Jeremy) (Entered: 12/03/2018)

Text Only Order - Plaintiff's request for an extension of time to respond to the pending motions (Dkt. No. 22) is GRANTED. Response papers are to be filed on or before December 18, 2018. Reply papers are to be filed on or before January 8, 2019. Motion hearing has been rescheduled for January 17, 2019 on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 12/6/2018. (jel, ) (Entered: 12/06/2018)

Cross MOTION for Summary Judgment Motion Hearing set for 1/17/2019 09:00 AM before Senior Judge Gary L. Sharpe Response to Motion due by 12/31/2018 Reply to Response to Motion due by 1/7/2019. filed by John DeRosier. (Attachments: # 1 Declaration of Jeremy Colby, # 2 Declaration of John DeRosier, # 3 Statement of Material Facts, # 4 Memorandum of Law In Support of Plaintiff's Cross-Motion and in Opposition of County's Motion to Dismiss, # 5 Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to State's Motion to Dimiss) (Colby, Jeremy) (Entered: 12/18/2018)

Text Only Order - Pursuant to Local Rule 7.1(c), defendants' combined reply/opposition brief, not to exceed twenty-five (25) pages in length, exclusive of exhibits, are to be filed on or before January 8, 2019. The cross-moving party may not reply in further support of its cross-motion without the Court's prior permission. Motion remains returnable on January 17, 2019 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 12/19/2018. (jel, ) (Entered: 12/19/2018)

1 - Terminate Deadlines and Hearings

Order Setting Hearing on Motion

Letter Motion from C. Harris Dague for Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano requesting Final Adjournment of Motion Deadlines with Proposed Briefing Schedule submitted to Judge Gary L. Sharpe . (Dague, C.) (Entered: 12/26/2018)

Text Only Order - Defendants Kellner, Kosinski, Peterson and Spano's request for an extension of the motion filing deadlines (Dkt. No. 26) is GRANTED to the extent that defendants' opposition to plaintiff's cross-motion and replies in further support to their underlying motions are to be filed on or before February 12, 2019. Motion hearing is scheduled for March 8, 2019 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. Pursuant to Local Rule 7.1(c), the combined reply/opposition brief may not exceed twenty-five (25) pages in length, exclusive of exhibits. The cross-moving party may not reply in further support of its cross-motion without the Court's prior permission. Any request submitted by plaintiff seeking to reply should provide a reason for such request. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/3/2019. (jel, ) (Entered: 01/03/2019)

Text Only Order - Defendants' motions for summary judgment and plaintiff's cross-motion for summary judgment (Dkt. Nos. 19, 21, and 24) are referred to Magistrate Judge David E. Peebles for the issuance of a report-recommendation. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/22/2019. (jel, ) (Entered: 01/22/2019)

REPLY MEMORANDUM OF LAW re 19 Motion for Summary Judgment,, filed by Dustin M. Czarny, Michele L. Sardo. (Attachments: # 1 Certificate of Service)(Yaus, Benjamin) Modified on 2/13/2019 (mgh). (Entered: 02/12/2019)

RESPONSE to Motion re 19 MOTION for Summary Judgment, 24 Cross MOTION for Summary Judgment filed by Dustin M. Czarny, Michele L. Sardo. (Attachments: # 1 Certificate of Service)(Yaus, Benjamin) (Entered: 02/12/2019)

REPLY to Response to Motion re 21 First MOTION for Summary Judgment (Pre-Answer) and Opposiiton to Plaintiff's Cross Motion for Summary Judgment [Dkt. No. 24] filed by Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano. (Attachments: # 1 Statement of Material Facts Response to Plaintiff's Cross-Motion Statement of Facts, # 2 Declaration of Service)(Dague, C.) (Entered: 02/12/2019)

REPORT AND RECOMMENDATIONS that defendants' motions for summary judgment (Dkt. Nos. 19 and 21 ) be GRANTED, plaintiff's cross motion for summary judgment (Dkt. No. 24 ) be DENIED, and plaintiff's complaint be DISMISSED, (Objections to R&R due by 6/7/2019). Signed by Magistrate Judge David E. Peebles on 5/24/2019. (sal) (Entered: 05/24/2019)

Letter Motion from Jeremy A. Colby for John DeRosier requesting Two week extension of time to file objections to the Report and Recommendation of Judge Peebles submitted to Judge Sharpe . (Colby, Jeremy) (Entered: 06/04/2019)

TEXT ORDER granting 33 Letter Request for an extension to file Objections to the 32 Report and Recommendation on or before 6/21/2019. IT IS SO ORDERED. Issued by Senior District Judge Gary L. Sharpe on 6/5/2019. (sal ) (Entered: 06/05/2019)

Order on Letter Request

OBJECTION to 32 Report and Recommendations by John DeRosier. (Colby, Jeremy) (Entered: 06/21/2019)

Letter Motion from C. Harris Dague for Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano requesting Extension to File Response to Objections to Report Recommendation [Dkt. No. 35] submitted to Judge Gary L. Sharpe . (Dague, C.) (Entered: 06/24/2019)

Text Only Order - Defendants' request for an extension of time until July 12, 2019 to submit a response to plaintiff's objections (Dkt. No. 36) is GRANTED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/25/2019. (jel, ) (Entered: 06/25/2019)

Order on Letter Request

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (jdp ) (Entered: 07/01/2019)

LETTER BRIEF in Response to Plaintiff's Objections to Report Recommendation [Dkt. No. 35] by Douglas A. Kellner, Peter S. Kosinski, Gregory P. Peterson, Andrew J. Spano. (Dague, C.) (Entered: 07/11/2019)

LETTER BRIEF by Dustin M. Czarny, Michele L. Sardo. (Yaus, Benjamin) (Entered: 07/12/2019)

ORDER - That the 32 R&R is ADOPTED in its entirety. That defendants' 19 and 21 Motions for Summary Judgment are GRANTED. That plaintiff's 24 Cross Motion for Summary Judgment is DENIED. That plaintiff's complaint (Compl.) is DISMISSED. Signed by Senior Judge Gary L. Sharpe on 9/26/2019. (jel, ) (Entered: 09/26/2019)

JUDGMENT in favor of Andrew J. Spano, Douglas A. Kellner, Dustin M. Czarny, Gregory P. Peterson, Michele L. Sardo, Peter S. Kosinski against John DeRosier. (jel, ) (Entered: 09/26/2019)

NOTICE of Appearance by Jeremy A. Colby on behalf of John DeRosier (Attachments: # 1 Substitution of Counsel)(Colby, Jeremy) (Entered: 10/01/2019)