| 1 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Complaint |
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COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 1189900 (nrm, Deputy Clerk) Modified on 11/18/2002
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| 2 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Jury Demand |
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DEMAND for jury trial by Kermit Blackmer (nrm, Deputy Clerk)
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| 3 |
Filed: 11/14/2002, Entered: 11/14/2002 |
Summons Issued |
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SUMMONS (60 days) issued for Brian Edward Rice (nrm, Deputy Clerk) Modified on 11/19/2002
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| 4 |
Filed: 12/30/2002, Entered: 12/30/2002 |
Summons Returned Executed |
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RETURN OF SERVICE executed as to Brian Edward Rice 12/8/02 Answer due on 2/10/03 (eg, Deputy Clerk)
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| 5 |
Filed: 1/15/2003, Entered: 1/16/2003 |
Answer to Complaint |
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ANSWER to Complaint by Brian Edward Rice (Attorney Robert Leigh Hebb) (c/s) (eg, Deputy Clerk)
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| 6 |
Filed: 1/15/2003, Entered: 1/16/2003 |
Jury Demand |
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DEMAND for jury trial by Brian Edward Rice (c/s) (eg, Deputy Clerk) Modified on 01/16/2003
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 7 |
Filed: 1/17/2003, Entered: 1/17/2003 |
Scheduling Order |
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SCHEDULING ORDER (signed by Judge Marvin J. Garbis 1/16/03) (c/i 1/17/03) (eg, Deputy Clerk)
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| 8 |
Filed: 1/31/2003, Entered: 1/31/2003 |
Status Report |
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JOINT INITIAL REPORT by Kermit Blackmer, Brian Edward Rice (eg, Deputy Clerk)
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| 9 |
Filed: 3/3/2003, Entered: 3/3/2003, Terminated: 3/5/2003 |
Motion for Leave to File |
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MOTION for Leave to File Third-Party Complaint by Brian Edward Rice. Responses due by 3/20/2003 (Dicus, Joanne) Modified on 3/4/2003 (cag, Deputy Clerk). (filed in error)
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| 10 |
Filed: 3/3/2003, Entered: 3/3/2003 |
Third Party Complaint |
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THIRD PARTY COMPLAINT against Timothy R Thomas, filed by Brian Edward Rice.(Dicus, Joanne)
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| 11 |
Filed: 3/3/2003, Entered: 3/3/2003, Terminated: 3/5/2003 |
Motion for Leave to File |
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MOTION for Leave to File Third-Party Complaint by Brian Edward Rice. Responses due by 3/20/2003 (Dicus, Joanne)
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 12 |
Filed: 3/3/2003, Entered: 3/3/2003 |
Notice (Other) |
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NOTICE by Brian Edward Rice re [9] MOTION for Leave to File Third-Party Complaint, [10] Third Party Complaint, [11] MOTION for Leave to File Third-Party Complaint (Attachments: # (1) Text of Proposed Order)(Dicus, Joanne)
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| 13 |
Filed: 3/5/2003, Entered: 3/7/2003 |
Order on Motion for Leave to File |
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ORDER granting [9] Motion of Brian Edward Rice for Leave to File Third-Party Compaint; DIRECTING that the Third-Party Complaint attached to the Motion for Leave to file Third-Party Complaint is accepted and docketed as being filed 3/3/03. Signed by Judge Marvin J. Garbis on 3/4/03. (eg, Deputy Clerk)
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| 14 |
Filed: 3/12/2003, Entered: 3/12/2003 |
Summons Issued |
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THIRD-PARTY Summons Issued (20 days) as to Timothy R Thomas. (eg, Deputy Clerk)
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| 15 |
Filed: 4/10/2003, Entered: 4/11/2003, Terminated: 5/12/2003 |
Motion to Compel |
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MOTION and memorandum in support to Compel and Certificate of Compliance Responses due by 4/28/2003 (c/s)(eg, Deputy Clerk)
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| 16 |
Filed: 4/11/2003, Entered: 4/11/2003 |
Miscellaneous Correspondence |
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Correspondence re: Warning Letter mailed to counsel (eg, Deputy Clerk)
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| 17 |
Filed: 4/14/2003, Entered: 4/14/2003 |
Order Referring Case to Magistrate Judge |
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ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for all discovery disputes. Signed by Judge Marvin J. Garbis on 4/13/03. (eg, Deputy Clerk)
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| 18 |
Filed: 4/21/2003, Entered: 4/21/2003 |
Hearing/trial date - setting |
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Setting date for Hearing (Gauvey, Susan)
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| 19 |
Filed: 4/21/2003, Entered: 4/21/2003 |
Response in Opposition to Motion |
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RESPONSE in Opposition to Plaintiff's Motion to Compel filed by Brian Edward Rice. Replies due by 5/5/2003. (Attachments: # (1) Exhibit A - Deposition of Brian E. Rice - Page 89)(Hebb, Robert)
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| 20 |
Filed: 4/29/2003, Entered: 4/29/2003 |
Summons Returned Executed |
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THIRD PARTY SUMMONS Returned Executed Timothy R Thomas served on 4/16/2003, answer due 5/6/2003. (eg, Deputy Clerk)
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| 21 |
Filed: 5/5/2003, Entered: 5/5/2003, Terminated: 10/22/2003 |
Motion to Dismiss |
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MOTION to Dismiss by Timothy R Thomas. Responses due by 5/22/2003 (Attachments: # (1) Memorandum in Support of Timothy Thomas' Motion to Dismiss# (2) Exhibit A -- Response to Request for Admissions# (3) Exhibit B -- Myers' Deposition Transcript# (4) Notice of Filing of Lengthy Exhibit C# (5) Exhibit D -- Certified Copy of 06/19/00 Conviction)(Kramer, Irwin)
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| 22 |
Filed: 5/9/2003, Entered: 5/9/2003 |
Notice of Appearance |
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NOTICE of Appearance by Ronald M Cherry on behalf of Kermit Blackmer (Cherry, Ronald)
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| 23 |
Filed: 5/12/2003, Entered: 5/12/2003 |
Order |
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ORDER DIRECTING that the MOTIONS HEARING SCHEDULED IS CANCELED; granting [15] Motion of plaintiff to Compel, as therein set forth.. Signed by Judge Susan K. Gauvey on 5/12/03. (eg, Deputy Clerk)
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| 24 |
Filed: 5/21/2003, Entered: 5/21/2003 |
Response to Motion |
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RESPONSE to Motion re [21] MOTION to Dismiss filed by Brian Edward Rice. Replies due by 6/4/2003. (Attachments: # (1) Exhibit Deposition Excerpts and Plaintiff's Answers to Interrogatories)(Hebb, Robert)
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| 25 |
Filed: 5/21/2003, Entered: 5/21/2003 |
Reply to Response to Motion |
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REPLY to Response to Motion re [21] MOTION to Dismiss filed by Timothy R Thomas. (Kramer, Irwin)
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| 26 |
Filed: 5/30/2003, Entered: 5/30/2003 |
Correspondence |
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Correspondence from State of New York Division of Criminal Justice re: criminal history information report (FILED SEPARATELY) (eg, Deputy Clerk)
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| 27 |
Filed: 6/3/2003, Entered: 6/3/2003 |
Status Report Submitted |
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Status Report Submitted by Brian Edward Rice (Hebb, Robert)
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| 28 |
Filed: 6/3/2003, Entered: 6/3/2003 |
Status Report Submitted |
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Status Report Submitted by Kermit Blackmer (Blank, Jonathan)
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| 29 |
Filed: 6/3/2003, Entered: 6/4/2003 |
Order Referring Case to Magistrate Judge |
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ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for Settlement. Signed by Judge Marvin J. Garbis on 6/3/03. (eg, Deputy Clerk)
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| 30 |
Filed: 6/11/2003, Entered: 6/11/2003 |
Order |
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ORDER SETTING date for a settlement conference, as therein set forth.. Signed by Judge Susan K. Gauvey on 6/11/03. (eg, Deputy Clerk)
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| 31 |
Filed: 6/27/2003, Entered: 6/27/2003, Terminated: 10/22/2003 |
Motion for Summary Judgment |
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MOTION for Summary Judgment and Memorandum in Support by Brian Edward Rice. Responses due by 7/14/2003 (Attachments: # (1))(Hebb, Robert)
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| 32 |
Filed: 6/27/2003, Entered: 6/27/2003 |
Request for Hearing |
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Request for Hearing re [31] MOTION for Summary Judgment and Memorandum in Support. (Hebb, Robert)
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| 33 |
Filed: 7/1/2003, Entered: 7/1/2003 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [31] MOTION for Summary Judgment and Memorandum in Support filed by Kermit Blackmer. Replies due by 7/15/2003. (Attachments: # (1) Exhibit Notice of Lengthy Exhibits)(Cherry, Ronald)
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| 34 |
Filed: 7/8/2003, Entered: 7/8/2003 |
Response |
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RESPONSE re [33] Response in Opposition to Motion Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by Brian Edward Rice. (Hebb, Robert)
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| -- |
Filed: 7/21/2003, Entered: 7/21/2003 |
Settlement Conference |
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Settlement Conference held before Judge Susan K. Gauvey. (eg, Deputy Clerk)
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Filed: 7/28/2003, Entered: 7/28/2003 |
Add and Terminate Judges |
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Judge Susan K. Gauvey no longer assigned to case. (eg, Deputy Clerk)
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| 35 |
Filed: 10/22/2003, Entered: 10/22/2003 |
Order on Motion to Dismiss |
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MEMORANDUM AND ORDER denying [21] Motion to Dismiss, denying [31] Motion for Summary Judgment, as therein set forth. Signed by Judge Marvin J. Garbis on 10/22/03. (eg, Deputy Clerk) Modified on 10/22/2003 (eg, Deputy Clerk).
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| 36 |
Filed: 10/27/2003, Entered: 10/27/2003 |
Answer to Third Party Complaint |
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ANSWER to Third Party Complaint by Timothy R Thomas.(Kramer, Irwin)
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| 37 |
Filed: 10/27/2003, Entered: 10/27/2003, Terminated: 10/28/2003 |
Motion for Reconsideration |
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MOTION for Reconsideration by Timothy R Thomas. Responses due by 11/14/2003 (Kramer, Irwin)
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| 38 |
Filed: 10/28/2003, Entered: 10/28/2003 |
Order |
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ORDER SCHEDULING dates for the case, as therein set forth. Signed by Judge Marvin J. Garbis on 10/27/03. (eg, Deputy Clerk)
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| 39 |
Filed: 10/28/2003, Entered: 10/29/2003 |
Order on Motion for Reconsideration |
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MEMORANDUM AND ORDER denying [37] Motion of third party defendant for Reconsideration. Signed by Judge Marvin J. Garbis on 10/28/03. (jnl, Deputy Clerk)
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| 40 |
Filed: 1/13/2004, Entered: 1/13/2004 |
Order |
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ORDER SETTING date for Settlement Conference, as therein set forth. Signed by Judge Susan K. Gauvey on 1/12/04. (eg, Deputy Clerk)
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| 41 |
Filed: 1/13/2004, Entered: 1/13/2004 |
Order Referring Case to Magistrate Judge |
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ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for Settlement. Signed by Judge Marvin J. Garbis on 1/12/04. (eg, Deputy Clerk)
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| -- |
Filed: 2/5/2004, Entered: 2/9/2004 |
Settlement Conference |
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Settlement Conference held before Judge Susan K. Gauvey. (eg, Deputy Clerk)
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| -- |
Filed: 2/9/2004, Entered: 2/9/2004 |
Add and Terminate Judges |
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Judge Susan K. Gauvey no longer assigned to case. (eg, Deputy Clerk)
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| 42 |
Filed: 2/9/2004, Entered: 2/9/2004 |
Settlement Order |
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ORDER DISMISSING case with each party to bear its own costs otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge Marvin J. Garbis on 2/6/04. (eg, Deputy Clerk)
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