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12-801 - Marino v. Watts et al


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12-801 - Marino v. Watts et al
February 12, 2014
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that Defendants' Motion to Dismiss (Dkt. No. 34) be GRANTED and that this action be DISMISSED with prejudice. Objections to R&R due by 3/3/2014 Case Review Deadline 3/5/2014. Signed by Magistrate Judge Randolph F. Treece on 2/12/14. (served on plaintiff by regular mail)(alh, )
May 6, 2014
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MEMORANDUM-DECISION AND ORDER: ORDERED, that the Report-Recommendation and Order (Dkt. No. 47) is accepted insofar as it summarizes the facts and procedural background of this case, and otherwise rejected. ORDERED that defendants motion to dismiss (Dkt. No. 34) is granted as set forth herein. ORDERED that the complaint is dismissed with leave to replead in accordance with this Memorandum-Decision and Order. ORDERED that if plaintiff does not submit a timely amended complaint, the matter will be reviewed by this Court for judgment dismissing the action. ORDERED that if plaintiff does submit a timely amended complaint, the case shall be returned to the magistrate judge for further proceedings. ORDERED that ANY AMENDED COMPLAINT SHALL BE FILED AND SERVED ON OR BEFORE JUNE 6, 2014. ORDERED that PLAINTIFF IS WARNED THAT IF HE FAILS TO FILE AND SERVE AN AMENDED COMPLAINT IN COMPLIANCE WITH THIS MEMORANDUM-DECISION AND ORDER ON OR BEFORE JUNE 6, 2014, THE CASE WILL BE DISMISSED. Signed by Senior Judge Norman A. Mordue on 5/6/14. (served on plaintiff by regular mail) (alh, )
May 29, 2015
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that the Amended Complaint (Dkt. No. 52) be DISMISSED in its entirety for failure to state a claim upon which relief can be granted and that this action be closed. Objections to R&R due by 6/15/2015 Case Review Deadline 6/19/2015. Signed by Magistrate Judge Randolph F. Treece on 5/28/15. {r&r served via regular mail on plaintiff}(nas)
September 23, 2015
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n. ORDERED that defendants Poirier, Ryan, and Smith are dismissed from this action. ORDERED that plaintiff's letter motion (Dkt. No. 59) is denied as moot as set forth herein. Signed by Senior Judge Norman A. Mordue on 9/23/15. (served on plaintiff by regular mail) (alh, )MEMORANDUM-DECISION AND ORDER: ORDERED, the Report-Recommendation and Order (Dkt. No. 56) is accepted in part and rejected in part as set forth herein. ORDERED that plaintiff's amended complaint (Dkt. No. 52) is accepted as set forth herei
August 8, 2016
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED, that Defendants' Motion to Dismiss (Dkt. No. 69) be DENIED insofar Defendants seek to dismiss Plaintiff's retaliation claims for failure to state a claim and GRANTED as to Defendant Watts. If this recommendation is adopted, Defendant Watts should be TERMINATED as a defendant to this action. Objections to R&R due by 8/25/2016 Case Review Deadline 8/29/2016. Signed by Magistrate Judge Daniel J. Stewart on 8/8/16. (served on plaintiff by regular mail)(alh, )
September 29, 2016
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ORDERED that defendants motion to dismiss (Dkt. No. 69) be DENIED to the extent it seeks to dismiss plaintiffs retaliation claims for failure to state a claim and GRANTED as to defendant Watts; Defendant Watts is terminated as a defendant in this action. Signed by Senior Judge Norman A. Mordue on 9/29/16. (jlm)
February 15, 2017
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ORDER: ORDERED, that Plaintiff's Motion to Compel (Dkt. No. 98) is denied without prejudice to re-filing if necessary. ORDERED, that Defendants' Letter-Motion (Dkt. No. 99) is granted and the demands set forth in Plaintiff's Motion shall be deemed as a properly served request for production of documents pursuant to Federal Rule of Civil Procedure 34. Defendants shall respond to such demands in accordance with the time-frame set forth in Rule 34 as if the Plaintiff's demands had been served on the same date as this Order. Signed by Magistrate Judge Daniel J. Stewart on 2/15/17. (served on plaintiff by regular mail) (alh, )
April 4, 2017
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MEMORANDUM-DECISION AND ORDER: ORDERED that plaintiff's motion (Dkt. No. 95) is denied. ORDERED that plaintiff's motion (Dkt. No. 101) is denied. ORDERED that plaintiff's motion (Dkt. No. 104) is denied. Signed by Senior Judge Norman A. Mordue on 4/4/17. (served on plaintiff by regular mail) (alh, )
June 19, 2017
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ORDER: ORDERED, that Plaintiff's Motion to Compel Defendants' Counsel to file a motion under FED. R. CIV. P. 25(a) to substitute the estate of Defendant Helms (Dkt. No. 116) is DENIED in light of Plaintiff's stated intent to discontinue all claims against Defendant Helms, and Plaintiff is further directed to file a written request for discontinuance against Defendant Helms with the Court within fifteen (15) days of receipt of the filing date of this Order. ORDERED, that Plaintiff's Motions to Compel (Dkt. Nos. 119 & 120) are GRANTED TO THE LIMITED EXTENT that the Defendants' Counsel shall provide to the Court chambers the personnel files of Defendants Schult; Lucas; and Sepoanek, for an in camera review by the Court, and such production shall occur by July 14, 2017, and the Motions to Compel are IN ALL OTHER RESPECTS DENIED. ORDERED, that discovery in this matter, except as specifically noted above, is closed. ORDERED, that dispositive Motions in this case shall be filed by August 18, 2017. Signed by Magistrate Judge Daniel J. Stewart on 6/19/17. (served on plaintiff by regular mail) (alh, )
January 31, 2018
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ORDER: ORDERED, that Plaintiff's Motion to Compel (Dkt. No. 153) is GRANTED. ORDERED, that the Defendants shall reply to Plaintiffs Requests for Admission ## 1, 2, 3, 14, 16, & 17, on or before February 9, 2018. ORDERED, that Plaintiff is granted leave to submit, in connection with the Defendants' Motion for Summary Judgment, a supplemental Rule 7.1 Reply Statement of Material Fact, and a supplemental brief not to exceed five pages, on or before February 23,2018. ORDERED, that Plaintiff's Motion for a Default Judgment for Failure to Timely Respond to the Requests for Admission (Dkt. No. 154) is DENIED. Signed by Magistrate Judge Daniel J. Stewart on 1/31/18. (served on plaintiff by regular mail) (alh, )
March 7, 2018
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AMENDED REPORT-RECOMMENDATION and ORDER: RECOMMENDED, that Defendants' Motion for Summary Judgment (Dkt. No. 133) be GRANTED and this action DISMISSED. Signed by Magistrate Judge Daniel J. Stewart on 3/7/18. ( Objections to R&R due by 3/26/2018, Case Review Deadline 3/28/2018) (served on plaintiff by regular mail) (alh, )
March 30, 2018
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MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Stewart's Amended Report-Recommendation (Dkt. No. 164) is ADOPTED in all respects. ORDERED that Defendants' Motion for Summary Judgment (Dkt. No. 133) is GRANTED. ORDERED that Plaintiff's Amended Complaint (Dkt. No. 52) is DISMISSED with prejudice. ORDERED that the Clerk of the Court is directed to serve this Memorandum-Decision and Order in accordance with the Local Rules of the Northern District of New York and to serve Plaintiff by both regular mail and certified mail, return receipt requested. Signed by Senior Judge Norman A. Mordue on 3/30/18. (served on plaintiff as directed) (alh, )
March 30, 2018
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JUDGMENT entered pursuant to the order of the Honorable Senior Judge Norman A. Mordue, dated the 30th day of March, 2018. (served on plaintiff by regular and certified mail) (alh, )