Wolff v. Town of Mount Pleasant

Filing 1

NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant Robert John Wolff, FILED. [226066] [11-838]

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I UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Robert John Wolff 06 CV 3864 (~M) (c;.§) c;::, (J') Against ,,<.C C)r·· " ;0 fn NOTICE OF ~PE~ IN A CIVIL ~ASE .." Town ofMount Pleasant rr1 (*) r~"~ '"0' .. '"0 r1"l,"; » co :x . ta (J') Notice is hereby given that Robert John Wolff hereby appeals to the United States Court of Appeals for the Second Circuit the Judgment of U.S. District Judge Cathy Siebel "Accepting the Report and Recommendation" of U.S . Magistrate Judge Lisa Margaret Smith and subsequent "Order ofDismissal" entered on the 21 st day of January 2011. Robert John Wolff i 6255 Broadway, Apt 5E Bronx, New York 10471 914310 8279 !7 February 2011 ;-11 \J 3J o m o " " o , https://ecf.nysd.circ2.dcnlcgi-hinlDktRpt.pJ?1656167021435( .SDNY CMlECF Version 4.1.1 j CLOSED, APPEAL, CASREF, PRO-SE U.S. District Court Southern District of New York (White Plains) CIVIL DOCKET FOR CASE #: 7:06-cv-03864-CS -LMS Internal Use Only Wolffv. Town of Mount Pleasant Assigned to: Judge Cathy Seibel Referred to: Magistrate Judge Lisa Margaret Smith Cause: 29:621 Job Discrimination (Age) Date Filed: 05/22/2006 Date Terminated: 01/2112011 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question Plaintiff represented by Robert John Wolff 62-55 Broadway A TRUE COpy Apt# 5E - RUijV 1. KRAJICK, CLERK Bronx, NY 10471 ..­ I' (718) 601-1914 BY / PROSE Robert John Wolff ( J. v. Defendant Town of Mount Pleasant Town Board, Office Of the Supervisor, Office Of Superintendent Of Water And Sewer Department, EEOC Charge No. 16G200704312 represented by Steven Charles Stern Sokoloff Stem LLP 355 Post Avenue Suite 201 Westbury, NY 11590 (516) 334-4500 Fax: (516) 334-4501: Email: sstem@sokoloffstem.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Chappaqua Central School District Library Board Of Trustees, Office Of The Director, EEOC Charge No. 16G200704309 TERMINATED: 01/0412010 represented by Craig Robert Benson Littler Mendelson, P.e. (NYC) 900 Third Avenue 8th Floor New York, NY 10022 (212) 583-2682 Fax: (212) 832 2719 Email: Cbenson@littler.com LEAD ATTORNEY t https:llecf.nysd.circ2.dcnlcgi-binlDktRpt.pl ?1656167021435~ · SDNY CMlECF Version 4.1.1 ATTORNEY TO BE NOTICED George Billy Pauta Littler Mendelson, P.c. (NYC) 900 Third Avenue 8th Floor New York, NY 10022 (212) 583-9600 Fax: (212) 832-2719 Email: gpauta@littler.com ATTORNEY TO BE NOTICED Defendant Westchester County Department Of Human Resourses First Amendment Under 42 USC 1983 TERMINATED: 0512612009 I represented by Justin David Pruyne Westchester County Attorney's Office 148 Martine Avenue, Room 600 White Plains, NY 10601 914-995-5102 Fax: (914) 995-3132 Email: jdp3@westchestergov.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Docket Text Date Filed # 0511912006 \.Jl ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, LF.P. REQUEST IS GRANTED. (Signed by Judge Michael B. Mukasey on 05119/2006) The Clerk's Office Has Mailed Copies.Gma, ) (Entered: 05125/2006) 05122/2006 ~2 COMPLAINT against Town of Mount Pleasant. Document filed by Robert John Wolff.Gma, ) (Entered: 05/25/2006) j 05/22/2006 ~ Magistrate Judge Lisa M. Smith is so designated. Gma, ) (Entered: 05/25/2006) 108/02/2006 ~3 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Town of Mount Pleasant served on 7114/2006, answer due 8/3/2006. Service was accepted by Robert Meehan Town Supervisor. Document filed by Robert John Wolff. (cg, ) (Entered: 08/0712006) 08/0212006 Q4 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Town of Mount Pleasant served on 6/20/2006, answer due 7/10/2006. Service was accepted by Patricia Scova, Town Clerk. Document filed by Robert John Wolff. (cg,) (Entered: 08/07/2006) J ; SONY CMlECF Version 4.1.1 https:llecfnysd.circ2.dcnlcgi-binlOktRpt.pl?1656167021435( Q 5 I ANSWER to Complaint.Document filed by Town of Mount Pleasant.Gma, ) 08/07/2006 (Entered: 08/07/2006) 3 10/19/2006 ~ i ORDERREFERRTI~G CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for All Purposes permitted by law .. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Charles L. Brieant on 10/17/2006) (cg, ) (Entered: • 10/20/2006) 10/20/2006 \) 7 SCHEDULING ORDER: The matter has been scheduled for a conference before the Hon. Lisa Margaret Smith on November 20, 2006 at 10:00am. SO ORDERED. (Signed by Judge Lisa Margaret Smith on 10/2012006) The Clerk's Office Has Mailed Copies.(jma, ) (Entered: 10/23/2006) 11120/2006 Q 8 ORDER to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure complaince with the case managment plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes ..... (Signed by Judge Lisa M. Smith on 11120/2006) Gma, ) (Entered: 1112012006) I .... Q 11120/2006 Minute Entry for proceedings held before Judge Lisa Margaret Smith: Pretrial Conference held on 11120/2006. Rule 26a disclosure 12/22; Plaintiffs doc. demands to be served no later than 1116; Plaintiffto respond to doc demands & into by 1129; Dfts to respond to Plaintiffs demands by 2112; Plaintiffs depo. completed by 3/2. Adjourned date 1119/2007 at 9:15 a.m. (Submitted by James Galvin). (mde, ) (Entered: 1112112006) I 01116/2007 I 01119/2007 I _.­ Q9 I MOTION to Amend/Correct 2 Complaint. Document filed by Robert John Wolff.Return Date set for 1130/200709:15 AM.(jco) (Entered: 01126/2007) a Minute Entry for proceedings held before Judge Lisa Margaret Smith: Pretrial Conference held on 111912007. Adjourned Date March 5,2007 at 11:30 (ip). Submitted by _ __ James Galvin. (cg) (Entered: 0112212007) ... .. Q 02/13/2007 ORDER granting 9 Motion to Amend/Correct. (Signed by Judge Lisa Margaret Smith on 1130/2007) The Clerk's Office Has Mailed Copies.( cg) (Entered: 02/15/2007) ~ 0211412007 Qu 0211612007 ;;;J 10 ANSWER to Complaint. Document ftled by Town of Mount Pleasant.(Stem, APPLICATION for the Court to Request Counsel. Document filed by Robert John Wolff.(mde) (Entered: 02/20/2007) Steven) (Entered: 02/1612007) Q12 0211612007 LETTER MOTION for Clarification. Document filed by Robert John I W olff.(mde) (Entered: 02/2112007) I 02/1612007 I Q I ORDER granting 12 Motion for Clarification .. ENDORSED: Motion granted. The amended complaint has been ftled. Discovery relating to the amended complaint would only occur after an answer from dft is filed & if necessary deadlines will be set. SO ORDERED: (Signed by Judge Lisa i https:llec£nysd.circ2.dcnlcgi-binlDktRpt.pl?1656167021435t SDNY CM/ECF Version 4.1.1 , IMargaret Smith on 2/1612007) "The Clerk's Office Has Mailed I Copies" .(mde) (Entered: 02/21/2007) I 02/27/2007 ~13 DECISION AND ORDER - CONCLUSION: ... For these reasons, Plaintiffs application for the court to request counsel is denied without prejudice to renew after sufficient evidence has been obtained upon which the Court could consider the merits if circumstances warrant. SO ORDERED: (Signed by Judge Lisa Margaret Smith on 02/27/07) Clerk's Office Mailed Copies..(dcr) (Entered: 02/28/2007) ._... 02/27/2007 ~ (Court only) ***Motion(s) terminated: 11 APPLICATION for the Court to Request Counsel. filed by Robert John Wolff. (fk) (Entered: 08/29/2007) I 03/05/2007 'I Minute Entry for proceedings held before Judge Lisa Margaret Smith : Interim Pretrial Conference held on 315/2007. Adjourned Date: 04120107 at 9:30 am (IP). Submitted By: James Galvin, Courtroom Deputy. (dcr) (Entered: 03/05/2007) I I '114 103/2112007 I I AMENDED COMPLAINT amending 2 Complaint against Town of Mount IPleasanLDocument filed by Robert John Wolff. Related document: 2 , Complaint filed by Robert John Wolff.(dcr) (Entered: 03/22/2007) "" I 03/29/2007 '115 NOTICE OF APPEARANCE by Charles A. Martin on behalf of Town of ­ Mount Pleasant (Martin, Charles) (Entered: 03/29/2007) ~ .... 05/1112007 Q Minute Entry for proceedings held before Judge Lisa Margaret Smith: Pretrial Conference held on 511112007. Adjourned date 6/15/07 @ 10:30 (ip). (Submitted by James Galvin). (mde) (Entered: 05/14/2007) 06/25/2007 ~ Minute Entry for proceedings held before Judge Lisa Margaret Smith : Interim Pretrial Conference held on 612512007. Adjourned date 10/26/2007 @ 10:30 (ip). (Submitted by Frank Cangelosi). (Tape #1) (mde) (Entered: 06/27/2007) I 07/25/2007 i I ~ 16 ! MOTION for Extension of Time to File Motion for Summary Judgment. Document filed by Town of Mount Pleasant.(fk) (Entered: 07/30/2007) I • ! I a 07/25/2007 I i 07/25/2007 I , ~ i 08122/2007 08/22/2007 I a 17 I I a MEMO ENDORSEMENT on re: 16 MOTION for Extension of Time to File Motion for Summary Judgment filed by Town of Mount Pleasant.. ..Deemed Letter Motion. Motion Granted. All deadlines extended by 4 weeks. Parties will be contacted shortly for a new ruling date. So Ordered. (Signed by Judge Lisa Margaret Smith on 7/25/07) (fk) (Entered: 07/30/2007) (Court only) ***Motion(s) terminated: 16 MOTION for Extension of Time to File. filed by Town of Mount Pleasant. (fk) (Entered: 11105/2007) MOTION for Extension of Time of 2 weeks to file our motion for summary judgment.. ... Document filed by Town of Mount Pleasant.Uma) (Entered: 08/2212007) MEMO ENDORSEMENT on re: 17 MOTION for Extension of Time. filed by Town of Mount Pleasant.. ... Deemed letter motion ... Motion granted. Deft's. depositive motion to be served and filed no later than Sept. 11, 2007. , https:llecf.nysd.circ2.dcnlcgi-binlDktRp(pl?1656167021435( SDNY CMlECF Version 4.1.1 Plaintiffs opposition to be served and filed no later than Oct 15,2007. Deft. is reply, if any, to be served and filed by Oct. 25, 2007. Parties will be notified of a new adjourn date. SO ORDERED. (Signed by Judge Lisa I Margaret Smith on 08/22/2007) The Clerk's Office Has Mailed Copies·Uma) i (Entered: 08/22/2007) 1 (I 08/22/2007 10911112007 ! (Court only) ***Motion(s) terminated: 17 MOTION for Extension of Time. filed by Town of Mount Pleasant. (fk) (Entered: 1110512007) "18 IMOTION for Summary Judgment to be heard before the Hon. Lisa Margaret ; Smith, ChiefUSMJ Document filed by Town of Mount Pleasant.(ll) (Entered: 09112/2007) I 0911112007 (119 RULE 56.1 STATEMENT. Document filed by Town of Mount Pleasant. (11) (Entered: 09/12/2007) 0911112007 (120 MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment. Document filed by Town of Mount Pleasant. (II) (Entered: 09/12/2007) I .. 0911112007 '121 AFFIDAVIT of Robert Guena in Support re: 18 MOTION for Summary Judgment.. Document filed by Town of Mount Pleasant. (11) (Entered: 09112/2007) 0911112007 \322 DECLARATION of Charles A. Martin in Support re: 18 MOTION for Summary Judgment.. Document filed by Town of Mount Pleasant. (11) (Entered: 09/12/2007) 10/04/2007 \323 LETTER MOTION for Extension of Time till November 15,2007 to respond to the Town ofMt. Pleasant's motion for Summary Judgment. Document filed by Robert John Wolff. (dcr) (Entered: 10/04/2007) I 10/0412007 I 'I MEMO ENDORSEMENT on 23 MOTION for Extension of Time to file Response to Summary Judgment Motion. ENDORSED: Motion Granted. Plaitniffs opposition to be served and filed no later than Nov. 15,2007. Defendant's reply due Nov. 30, 2007. Conference re-scheduled to December 14,2007 at 10:30 am. SO ORDERED: (Signed by Judge Lisa Margaret , Smith on 10/04/07) Clerk's Office Mailed Copies ..(dcr) (Entered: 110/04/2007). I 'I (Court only) ***Motion(s) terminated: 23 MOTION for Extension of Time. I filed by Robert John Wolff. (dcr) (Entered: 10/04/2007) i I I I i I I I 110/04/2007 1 i I I 111109/2007 I 11109/2007 I I i '124 i MOTION to Amend/Correct Compliant., MOTION for Extension of Time to File ResponselReply to pending summary judgment. Document filed by Robert John Wolff.Gma) (Entered: 11114/2007) Q MEMO ENDORSEMENT on re: 24 MOTION to Amend/Correct. MOTION ! for Extension of Time to File Response/Reply. filed by Robert John ; W olff.. ... ENDORSED, Deemded letter motion ... Motion granted, as follows. Plaintiffs date to respond to the pending summary judgment motion is adjourned without date, and Plaintiff is granted until Dec. 7, 2007, to file a https:llecf.nysd.circ2.dcnlcgi-binlDktRpt.pI71656167021435( SONY CMlECF Version 4.1.1 ! I . Motion to Amend his complaint. If a motio to Amend is filed on or before Dec. 7, 2007, then the date to respond to the pending summary judgment motion will be stayed until a date to be set after a decision is made on the Motion to Amend. If no motio to amend is filed on or before Dec. 7, 2007, then the response to the motion for summary judgment shall be served and filed no later than January 7, 2008. SO ORDERED. (Signed by Judge Lisa Margaret Smith on 111912007) The Clerk's Office Has Mailed Copies.Gma) (Entered: 11/14/2007) i ~25 MOTION for Leave to File Second Amended Complaint. Document filed by 12/07/2007 Robert John Wolff.(tk) Modified on 1110/2008 (tk). (Entered: 01110/2008) a26 01110/2008 i I I -" / I I 01/10/2008 \3 02/0112008 ORDER: ...Accordingly, it is hereby Ordered that: 1. Docket entry #25 is to be removed from the docket of this case; 2. The Plaintiffs proposed Second Amended Complaint, which is currently Docket #25, is to be re-docketed in i the following fashion: "Motion for Leave to File Second Amended Complaint;" 3. Defendant has until Friday, February 1,2008, to serve and file its Opposition to the Plaintiffs Proposed Second Amended Complaint; 4. Plaintiff has until Friday, February 15,2008, to serve and file any Reply; 5. And the next pretrial conference in this matter remains scheduled for an in person appearance before the undersigned on Tuesday, March 4,2008, at 10:30 am, at which time a decision on the Plaintiffs motion to file a Second ! Amended Complaint will be issued. So Ordered. (Signed by Magistrate Judge Lisa Margaret Smith on III 0/08) The Clerk's Office Has Mailed Copies.( tk) (Entered: 0111012008) r;j 27 ! I02/01/2008 02/01/2008 (Court only) ***Motion(s) terminated: 24 MOTION to Amend/Correct. MOTION for Extension of Time to File Response/Reply. filed by Robert John Wolff. (tk) (Entered: 0111012008) NOTICE OF CHANGE OF ADDRESS by Charles A. Martin on behalf of Town of Mount Pleasant. New Address: Miranda Sokoloff Sambursky Slone Verveniotis, LLP, 240 Mineola Boulevard, Mineola, New York, USA 11501,516-741-7676. (Martin, Charles) (Entered: 02/0112008) I '128 . MEMORANDUM OF LAW in Opposition re: 24 MOTION to IAmend/Correct. MOTION for Extension of Time to File Response/Reply .. I Document filed by Chappaqua Central School District Library, Westc~ester County Department Of Human Resources, Town of Mount Pleasant. Gma) (Entered: 02/0412008) '129 DECLARATION of Charles A. Martin re: 28 Memorandum of Law in Opposition,. Document filed by Town of Mount Pleasant. Gma) (Entered: i 02/0412008) r---------~----~ 02/14/2008 Q 30 02/1412008 Q 31 MEMO ENDORSED ORDER granting 30 Motion for Extension of Time to MOTION for Extension of Time to File Reply Afftmlation in Support of , Motion To Amend the Complaint. Document filed by Robert John Wolff.(tk) (Entered: 02/20/2008) File Reply Afftmlation in Support of Motion to Amend the ! , https:l/ecf.nysd.circ2.dcnlcgi-binlDktRpt.pl?1656167021435( SDNY CM/ECF Version 4.1.1 I I Complaint .... Deemed Letter Motion. Motion Granted. So Ordered. (Signed by Magistrate Judge Lisa Margaret Smith on 2114/08) The Clerk's Office Has Mailed Copies.(tk) (Entered: 0212012008) I ! Q 32 02/1912008 I LAINTIFF'S REPLY IN SUPPORT OF SECOND MOTION SEEKING P PERMISSION TO AMEND COMPLAINT in Support re: 25 MOTION for Leave to File Second Amended Complaint.. Document filed by Robert John Wolff. (gco) (Entered: 02/25/2008) I03/0412008 Q DECISION AND ORDER granting 25 Motion for Leave to File Second Amended Complaint.. ..For the aforementioned reasons the Court concludes that the Plaintiffs motion fot leave to file a Second Amended Complaint adding Chappaqua Library as an additional Defendant to this action and asserting additional claims of retaliation against Mount Pleasant is granted. Because the Plaintiffs Second Amended Complaint adds a new defendant to this case, and amended summons must issue to the new defendant under the Iprovisions of Rule 4 of the Federal Rules of Civil Procedure. Although the Court concludes that referral of this case to the pro bono panel is I appropriate, discovery as to the Plaintiff's addidional claims of age-based I retaliation against Mount Pleasant should resume immediatly and Mount IPleasant's motion for summary judgment on the Plaintiffs underlying claims for age-based discrimination will continue to be held in abeyance until the close of discovery on all claims or until otherwise appropriate. So Ordered. (Signed by Magistrate Judge Lisa Margaret Smith on 3/4/08) The Clerk's Office Has Mailed Copies.(tk) (Entered: 03/04/2008) ..­ 03/0412008 Q Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Pretrial Conference held on 314/2008. Issuance of second amended summons is stayed for 1 week, until March 11, to allow Deft. to appeal my decision and ask the DJ for a further stay .... Adjourned date 4/29/2008 at 11 :15am (ip). Uma) (Entered: 03/05/2008) I -i Q34 SECOND AMENDED COMPLAINT amending 14 Amended Complaint against Chappaqua Central School District Library, Westchester County Department Of Human Resources, Town of Mount Pleasant.Document filed by Robert John WolfI. Related document: 14 Amended Complaint filed by I Robert John Wolff.Uma) (Entered: 03113/2008) I 03/13/2008 i Q35 - ! 03/17/2008 ! ENDORSED LETTER addressed to Judge Charles L. Brieant from Charles A. Martin dated 3/17/08 re: Request for a stay until decision of motion. ENDORSEMENT: Stayed pending further Order of this Court. So Ordered. (Signed by Judge Charles L. Brieant on 3117/08) (tk) (Entered: 03118/2008) 03/17/2008 Q36 MOTION for an Order, pursuant to Fed. R. Cip. P. 72(a) reversing that portion of the Decision and Order of Magistrate Judge Lisa Margaret Smith, dated March 4, 2008, which permitted plaintiff to serve and file a Second amended Complaint re: Pretrial Conference - Initial,. Document filed by Town of Mount Pleasant.(ll) (Entered: 03/19/2008) 03/17/2008 Q37 I MEMORANDUM OF LAW in Support re: 36 MOTION for an Order, pursuant to Fed. R. Cip. P. 72(a) reversing that portion of the Decision and I https:llecf.nysd.circ2.dcnlcgi-biniOktRpt.pl?1656167021435( SONY CMlECF Version 4.1.1 1 I ! Order of Magistrate Judge Lisa Margaret Smith, dated March' 4, 2008, which permitted plaintiff to serve and file a Second amended Complaint re: Pretrial Co MOTION for an Order, pursuant to Fed. R. Cip. P. 72(a) reversing that portion of the Decision and Order of Magistrate Judge Lisa Margaret Smith, dated March 4,2008, which permitted plaintiff to serve and file a Second amended Complaint re: Pretrial Co. Document filed by Town of Mount Pleasant. (11) (Entered: 03/19/2008) ~38 MEMORANDUM AND ORDER: By Motion filed March 17,2008, defendant Town of Mount Pleasant seeks to review and reverse that portion I of the Decision and Order of the Hon. Lisa M. Smith, USMJ, dated March 4, \2008, which permitted Plaintiff to serve and file his Second Amended ! Complaint after the cose of discovery adn after the filing of Defendant's Motion for Summary Judgmemt ..... The objections are disapproved. This Court's resolution of the matter is without prejudice to an application by the Town or any Defendant for a severance and the Court observes that the processing of the Summary Judgment Motion should not be delayed and it may properly be directed toward the Second Amended Complaint if a Defendant wishes to do so. SO ORDERED: (Signed by Judge Charles L. Brieant on 03/24/2008) (dcr) (Entered: 03/25/2008) ~ 03/24/2008 (Court only) ***Motion(s) terminated: 36 MOTION for an Order, pursuant , to Fed. R. Cip. P. 72(a) reversing that portion of the Decision and Order of Magistrate Judge Lisa Margaret Smith, dated March 4, 2008, which permitted plaintiff to serve and file a Second amended Complaint re: Pretrial Co MOTION for an Order, pursuant to Fed. R. Cip. P. 72(a) reversing that portion of the Decision and Order of Magistrate Judge Lisa Margaret Smith, dated March 4, 2008, which permitted plaintiff to serve and file a Second amended Complaint re: Pretrial Co filed by Town of Mount Pleasant. (fk) (Entered: 04/09/2008) I 03/24/2008 I I I I 0312612008 ! ~39 LETTER addressed to Hon. Charles L. Brieant from Charles A. Martin I dated 03/25/2008 re: response to Plaintiffs letter. Document filed by Town of Mount Pleasant.(gco) (Entered: 03/27/2008) I 04/01/2008 105/06/2008 a40 ! 05/06/2008 \I SUMMONS ISSUED as to Chappaqua Central School District Library. (djc) (Entered: 05/07/2008) 1 ~ I MEMORANDUM TO THE DOCKET CLERK: .... an second amended summons was issued on 05/02/2008 .... Gma) (Entered: 1112512008) \I SECOND AMENDED SUMMONS ISSUED as to Chappaqua Central School District Library, Westchester County Department Of Human Resourses, Town of Mount Pleasant. (jma) (Entered: 11125/2008) i 05/06/2008 ! I I 05/20/2008 LETTER addressed to Hon. Charles L. Brieant from Robert John Wolff dated 03119/2008 Document filed by Robert John Wolff.(gco) (Entered: 04/01/2008) ;,) 41 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Town of Mount i , https:/lecf.nysd.circ2.dcnlcgi-binlDktRpt.pl?1656167021435( SDNY CM/ECF Version 4.1.1 ~ I leasant served on 51212008, answer due 5122/2008. Document filed by P Robert John Wolff. (gco) (Entered: 05/22/2008) Q49 0611012008 , MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE ! EXECUTED Summons and Complaint served on Chappaqua CSD Library on 06/04/2008. Service was accepted by Pamela C. Thornton. Document filed by Robert John Wolf!. Uma) (Entered: 07/09/2008) ~--- .. 0612112008 Q42 NOTICE OF APPEARANCE by George Billy Pauta on behalf of Chappaqua Central School District Library (Pauta, George) (Entered: 06/21/2008) .06/2112008 Q43 NOTICE OF APPEARANCE by Craig Robert Benson on behalf of Chappaqua Central School District Library (Benson, Craig) (Entered: 06/21/2008) 06/23/2008 Q44 ANSWER to Complaint. Document filed by Chappaqua Central School District Library .(Pauta, George) (Entered: 06/23/2008) 06/27/2008 Q 45 i IMOTION to Amend/Correct (PLAINTIFF'S MOTION SEEKING IPERMISSION FOR THIRD AMENDED COMPLAINT) .... Document filed _ by Robert John Wolff.Uma) (Entered: 06/30/2008) 1 a46 PLAINTIFF OPPOSITION TO DEFENDANT'S STATEMENT OF UNDISPUfED MATERIAL FACTS PlJRSUANT OF LOCAL REUL 56.1 (b) .... re: 19 Rule 56.1 Statement. Document filed by Robert John Wolff. Uma) (Entered: 06/30/2008) a47 06/27/2008 AFFIDAVIT of Robert John Wolff in Opposition re: 18 MOTION for Summary Judgment.. Document filed by Robert John Wolff. Uma) (Entered: 06/30/2008) i / , i 06/27/2008 I 07/07/2008 \148 I ANSWER to Second Amended Complaint. Document filed by Chappaqua . , Central School District Library. Related document: 34 Amended Complaint, filed by Robert John Wolff.(ll) (Entered: 07/07/2008) 0711112008 I.) 50 107/18/2008 1;1 51 I i 07/28/2008 SCHEDlJLING ORDER: ....The matter. ...has been scheduled for a conference, before the Hon. Lisa M. Smith, United States Magistrate Judge on July 28,2008 at 10:00am.... (Signed by Magistrate Judge Lisa Margaret Smith on 07/1112008) The Clerk's Office Has Mailed Copies.Uma) (Entered: .07/14/2008) IENDORSED LETTER addressed to Honorable Lisa Margaret Smith from , Charles A. Martin dated 0711112008 re: extension of time. I ENDORSEMENT: Deemed letter motion. Motion granted. Plaintiffs date to reply set for August 15,2008.., (Replies due by 8/15/2008.) SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 07117/2008) "The Clerk's Office Has Mailed Copies" .(gco) (Entered: 07/2112008) '3 I Minute Entry for proceedings held before Magistrate Judge Lisa Margaret I Smith: Interim Pretrial Conference held on 7/28/2008. Time ~or deft. Mt. https://ecf.nysd.circ2.dcnlcgi-binlDktRpt.pl?1656167021435( SDNY CM/ECF Version 4.1.1 I I Pleasant to answer the 2nd Amended Complaint is stayed until20-days after a decision on the Motion to file a Third Amended Complaint. Time for opposition extended to Aug. 15. Uma) (Entered: 07/29/2008) I I \.J 52 NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Charles 08/0512008 L. Brieant is no longer assigned to the case. (Attachments: # 1 Case List) (mj) (Entered: 08/0712008) Q 10/14/2008 \.J 10/14/2008 10/15/2008 I .. ---_."...... """"""""""" 11125/2008 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Pretrial Conference held on 101 14/2008 .....Motion to file 3rd amended complaint adding Westchester Co. as defendant is granted (Docket #45). Proposed Third Amended Complaint is deemed to be the Third Amended Complaint. Summons to issue. Existing Answers are deemed to Answer Third Amended Complaint. Pending Motion for summary jmt. (#18) withdrawn without prejudice to refile. Uma) (Entered: 10/15/2008) _ ....... (Court only) ***Motion(s) terminated: 45 MOTION to Amend/Correct. filed by Robert John Wolff, 18 MOTION for Summary Judgment. filed by Town of Mount Pleasant. Uma) (Entered: 10/16/2008) Q54 1HIRD AMENDED COMPLAINT amending 34 Amended Complaint, against Westchester County Department Of Human Resourses.Document filed by Robert John Wolff. Related document: 34 Amended Complaint, filed by Robert John Wolff.Uma) (Entered: 10/15/2008) '155 NOTICE OF CHANGE OF ADDRESS by Craig Robert Benson on behalf of Chappaqua Central School District Library. New Address: Littler Mendelson, P.e., 900 Third Avenue, New York, NY, U.S. 10022, 212-583-9600. (Benson, Craig) (Entered: 11125/2008) -"'" 12/02/2008 • 12/03/2008 '156 NOTICE OF CHANGE OF ADDRESS by Craig Robert Benson, George Billy Pauta on behalf of Chappaqua Central School District Library. New Address: Littler Mendelson, PC, 900 Third Avenue, New York, NY, 10022, (212) 591-8362. Uma) (Entered: 12/02/2008) I \.J 58 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUfED Summons and Amended Complaint served. Service was accepted by Patricia Scova. Document filed by Robert John Wolff. Uma) (Entered: 12/09/2008) 12/04/2008 Q57 ENDORSED LETTER addressed to Honorable Lisa Margaret Smith from Justin D. Pruyne dated 12/03/2008 re: extension of time. ENDORSEMENT: Deemed letter motion. Motion granted .., Attorney Justin David Pruyne for Westchester County Department Of Human Resourses added., Westchester County Department Of Human Resourses answer due 11712009., (Pretrial Conference set for 12116/2008 at before Judge Cathy Seibel.) SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/03/2008) "The Clerk's Office Has Mailed Copies".(gco) (Entered: 12/04/2008) https:llecf.nysd.circ2.dcnlcgi-binlDktRpt.pl?1656167021435l SDNY CMlECF Version 4.1.1 ~ 12/16/2008 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Conference held on 1211612008, (Replies due by 2/27/2009., Responses due by 2/612009, Conference set for 3/27/2009 at 10:00 AM before Magistrate Judge Lisa Margaret Smith.). Plaintiff to Oppose Def. West Co. motion by Feb. 6, 2009. Westchester Co. to Reply by Feb. 27, 2009. (gco) (Entered: 12/16/2008) ; ~ 59[ STIPULATION OF SUBSTITUTION OF COUNSEL. .... Sokoloff Stern 0110512009 LLP ... be substituted as atty's. of record for defendant TO\\,TI Of Mount I Pleasant in the above entitled action in the place of the undersigned atty's. Ias of the date thereof..... (Signed by Judge Cathy Seibel on 12/29/2008) The I Clerk's Office Has Mailed Copies.Gma) (Entered: 0110512009) ~ 60 i NOTICE OF MOTION to Dismiss. Document filed by Westchester County 01107/2009 Department Of Human Resourses.(gco) (Entered: 01107/2009) ~ ~61 I 01107/2009 01114/2009 MEMORANDUM OF LAW IN SUPPORT OF COUNTY OF WESTCHESTER'S MOTION TO DISlViiSS THE INSTANT ACTION PURSUANT TO RULE 12(b)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE in Support re: 60 MOTION to Dismiss .. Document filed by Westchester County Department Of Human Resourses. (gco) (Entered: 01107/2009) 'i62 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Westchester l County Department Of Human Resourses clo Paula Zeman Commissioner served on 12/12/2008, answer due 115/2009. Service was accepted by Wendy Price, Assoc. Commissioner of Human Resources. Document filed by Robert John Wolff. (gco) (Entered: 01123/2009) ~63 01127/2009 I MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Chappaqua Central School District Library served on 111212009, answer due 2/212009. Service was accepted by Pamela Thornton, Director. Document ftIed by Robert John Wolff. (gco) (Entered: 02/05/2009) ..... 02/04/2009 a64 MOTION for Extension of Time to File Plaintiffs Affirmation in Opposition to Motion to Dismiss. Document filed by Robert John Wolff.(tk) (Entered: 02/06/2009) 02/04/2009 Q65 MEMO ENDORSED ORDER granting 64 Motion for Extension of Time to File Plaintiffs Afftnnation in Opposition to Motion to Dismiss. ENDORSEMENT: Deemed Letter Motion. Motion Granted for a 2 week extension, all other dates extended accordingly. So Ordered. (Signed by Magistrate Judge Lisa Margaret Smith on 2/3/09) The Clerk's Office Has Mailed Copies.(tk) (Entered: 02/06/2009) i I 02/20/2009 '166 AFFIRMATION of Robert John Wolffin Opposition re: 60 MOTION to Dismiss.. Document filed by Robert John Wolff. (tk) (Entered: 03/03/2009) SONY CMlECF Version 4.1.1 I 03/03/2009 https:/Iecf.nysd.circ2.dcnlcgi-biniOktRpt.pl?1656167021435( Q 67 REPLY MEMORANDUM OF LAW IN SUPPORT OF COUNTY OF WESTCHESTER'S MOTION TO DISMISS THE INSTANT ACTION PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE: re: 60 M0110N to Dismiss .. Document filed by Westchester County Department Of Human Resources. (rj) (Entered: 03/04/2009) ~--------~----4----------- 03/30/2009 ~ 68 04/27/2009 ~ 04/27/2009 a 04/27/2009 ~ 69 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: In Person Pretrial Conference held on 4/27/2009. Robert John Wolff present for Plaintiff. Kiera Meehan of Sokoloff Stem LLP present for Defendant Town ofMt. Pleasant. Hillary Raimondi present for Defendant Westchester County Department of Human Resources. Craig Benson present for Defendant Chappaqua Central School District Library. All parties to prepare document demands by May 22, 2009. All parties to respond to document demands by June 10,2009. Adjourned date: 6/18/2009 i at 10:00 AM in person. (Melendez, Melissa) (Entered: 04/27/2009) Set Deadlines/Hearings: Responses due by 6/10/2009. Pretrial Conference I set for 6/18/2009 at 10:00 AM before Magistrate Judge Lisa Margaret Smith. (Melendez, Melissa) (Entered: 04/27/2009) REPORT AND RECOMMENDATIONS re: 60 MOTION to Dismiss filed by Westchester County Department Of Human Resourses .... For the aforementioned reasons I conclude, and respectfully recommend that Your Honor should conclude, that the County's motion to dismiss, docket number 60, should be granted and that the County should be dismissed from this case as a named defendant. Objections to R&R due by 5/14/2009 (Signed by Magistrate Judge Lisa Margaret Smith on 4/27/09) Copies Mailed By Chambers.(fk) (Entered: 04/28/2009) I OS/2612009 I I \J ­ 70 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 69 i i Report and Recommendations Accordingly, the motion to dismiss is granted, and the Westchester County Department of Human Resources is dismissed as defendant in this case. The Clerk of Court is respectfully directed to terminate the pending motion. (Doc. 60.) SO ORDERED. (Signed by Judge Cathy Seibel on 5/26/2009) The Clerk's Office Has Mailed Copies.(mml) (Entered: OS/26/2009) ~---------+-----+I------ I OS/26/2009 I I 06/03/2009 I ----------~ SCHEDULING NOTICE: Case Management Conference set for 4/27/2009 at 10:00 AM before Magistrate Judge Lisa Margaret Smith.The matter of Wolff V. Mt. Pleasamt has been scheduled for an in person conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Monday, April 27,2009, at 1O:00am, in Courtroom 420. SO ORDERED (Signed by Magistrate Judge Lisa Margaret Smith on 3/30/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 03/31/2009) __ ----------------- _______________~_________~ a I Court only) *** Party Westchester County Department Of Human ( Resourses terminated. (mml) (Entered: OS/26/2009) Q 11 MOTION for Extension of Time. Document filed by Chappaqua Central School District Library.(gco) (Entered: 06/03/2009) , SONY CMlECF Version 4. 1.1 https:llecf.nysd.circ2.dcnlcgi-biniOktRpt.pl?1656167021435( ~ 72 06/03/2009 MEMO ENDORSEMENT: Deemed letter motion. Motion granted. Conference adjourned to July 13,2009, 10 am. on re: 11 MOTION for Extension of Time. filed by Chappaqua Central School District Library, Motions terminated: 71 MOTION for Extension of Time. filed by Chappaqua Central &;-hool District Library., (Responses due by 71112009, , Status Conference set for 7113/2009 at 10:00 AM before Magistrate Judge Lisa Margaret Smith.) SO ORDERED. (Signed by Magistrate Judge Lisa i Margaret Smith on 06/03/2009) The Clerk's Office Has Mailed Copies.(gco) (Entered: 06/03/2009) i ~ 07/0812009 I I I I 07/08/2009 Q74 - 07/08/2009 I 07/24/2009 I I SCHEDULING NOTICE:The matter ofWolffv.Town ofMt. Pleasant, et al. has bee rescheduled from Monday, July 13,2009 at 10:00am, to Monday, July 27,2009, at 2:00pm, for an in person conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge in Courtroom 420. In Person Conference set for 7/27/2009 at 02:00 PM before Magistrate Judge Lisa Margaret Smith. SO ORDERED (Signed by Magistrate Judge Lisa Margaret Smith on 7/8/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 07/08/2009) J MOTION for Extension of Time To Produce Documents. Document filed by Robert John Wolff.(fk) (Entered: 07/09/2009) Q75 . MEMO ENDORSED ORDER granting 74 Motion for Extension of Time To I Produce Documents ....ENDORSEMENT: Deemed Letter Motion. Motion Granted. So Ordered. (Signed by Magistrate Judge Lisa Margaret Smith on 7/8/09) The Clerk's Office Has Mailed Copies.(fk) (Entered: 07/09/2009) ~76 MOTION for Adjournment of Conference: ...As such, I respectfully request ­ that Your Honor reschedule the status conference for a date after August 3,2009. All parties have consented to this request, and counsel are available on August 4 and 12,2009. Document filed by Chappaqua Central School District Library. Status Conference Date set for 8/12/2009 at 10:00 AM.(rj) (Entered: 07127/2009) ~ ~IZ MEMO ENDORSEMENT:Deemed letter motion. Motion Granted. 07/24/2009 , Conference is adjourned to Wednesday August 12,2009 at 10:00am.( Status I Conference set for 8/12/2009 at 10:00 AM before Magistrate Judge Lisa IMargaret Smith.), Motions tenninated: 76 MOTION for Conference. med by Chappaqua Central School District Library. SO ORDERED (Signed by Magistrate Judge Lisa Margaret Smith on 7/24/2009) The Clerk's Office Has ; Mailed Copies.(rj) (Entered: 07/27/2009) 08/1212009 I Q t 09/08/2009 I at lOam. Gma) (Entered: 08/1312009) --~. Q78 - i 1 09/08/2009 i I i Minute Entry for proceedings held before Magistrate Judge Lisa Margaret I Smith: Pretrial Conference held on 8/1212009. Adjourned date to 9/25/2009 MOTION for Extension of Time till September 15,2009. Document filed by Robert John Wolff.(mml) (Entered: 09/09/2009) • (;) -79 MEMO ENDORSEMENT on re: 78 MOTION for Extension of Time. filed by Robert John Wolff.. ..Deemed Letter Motion. Motion Granted. SO I 1 https://ecf.nysd.circ2.dcnlcgi-biniOktRpt.pl?1656167021435t SONY CM/ECF Version 4.1.1 ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 9/812009) The Clerk's Office Has Mailed Copies.(mml) (Entered: 09/09/2009) I I 1 09/08/2009 Q (Court only) ***Motion(s) tenninated: 78 MOTION for Extension of Time. filed by Robert John Wolff: (mml) (Entered: 09/09/2009) i 09/25/2009 Q Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Pretrial Conference held on 912512009. Adjourned date 11/6/2009 at lOam. Gma) (Entered: 09/28/2009) I 1110612009 Q Minute Entry for proceedings held before Magistrate Judge Lisa Margaret I Smith: In Person Conference held on 111612009. Plaintiff Robert John Wolfe present Pro Se. Kiera Meehan present for Defendant To\\'n of Mount Pleasant. George B. Paute present for Defendant Chappaqua Central School District Library. Discovery stayed pending next conference. Adjourned date: 1211 0/2009 at 11 :00 AM (ip). (mml) (Entered: 11109/2009) 11106/2009 Q SetlReset Hearings: In Person Conference set for 12/10/2009 at 11 :00 AM before Magistrate Judge Lisa Margaret Smith. (mml) (Entered: 11/09/2009) 12/03/2009 a80 MOTION for Adjournment of Conference ....The Parties are currently -scheduled to appear before Your Honor for a compliance conference on December 10, 2009 at 11 :00 AM. This letter serves to request that the December 10, 2009 compliance conference be adjourned to the third week of January 2010 or thereafter... Document filed by Chappaqua Central School District Library. The Clerk's Office Has Mailed Copies. (mml) (Entered: 12/0412009) - / 1381 . MEMO ENDORSEMENT on re: 80 MOTION for Adjournment of Conference filed by Chappaqua Central School District Library ... Deemed Letter Motion. Motion Granted. New conference date is 1/2212010 at 10:00 AM. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/312009) The Clerk's Office Has Mailed Copies.(mml) (Entered: 12/0412009) 12/03/2009 12/03/2009 Q 0110412010 ~82 I 02/08/2010 I i I ~ (Court only) SetlReset Hearings: Compliance Conference set for 1122/2010 at 10:00 AM before Magistrate Judge Lisa Margaret Smith. ***Motion(s) tenninated: 80 MOTION for Adjournment of Conference filed by Chappaqua Central School District Library. (mml) (Entered: 12/04/2009) STIPULATION OF PARTIAL DISMISSAL: ...IT IS HEREBY i STIPULATED AND AGREED, by and between the parties herein,that the above captioned action be dismissed with prejudice as against Defendant Chappaqua Central School District Library only in accordance with Rule 41(a)(l)ofthe Federal Rules of Civil Procedure and without costs of , attorneys' fees to either party.Chappaqua Central School District Library tenninated. SO ORDERED (Signed by Judge Cathy Seibel on 12130/2009) The Clerk's Office Has Mailed Copies.(rj) (Entered: 0110412010) Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Interim Pretrial Conference held on 218/2010. Adjourned to 3/5/2010 SDNY CMlECF Version 4.1.1 https://ecfnysd.circ2.dcnlcgi-binlDktRpt.pl?1656167021435( I ! I ! 02/0812010 at 12:30 (cc). Uma) (Entered: 0211112010) I ~ Q 03/05/2010 SetlReset Hearings: Telephone Conference set for 3/5/2010 at 12:30 PM before Magistrate Judge Lisa Margaret Smith. Uma) (Entered: 02/1112010) Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Pretrial Conference held on 315/20 IO. Adjourned date 09/17/2010 at lOam. (ip). Uma) (Entered: 03/0812010) i I I ! 03/05/2010 ~ 05/03/2010 ~83 SetlReset Hearings: Pretrial Conference set for 9117/2010 at 10:00 AM before Magistrate Judge Lisa Margaret Smith. Uma) (Entered: 03/0812010) MOTION for Summary Judgment. Document filed by Town of Mount Pleasant.(fk) (Entered: 05/04/2010) ! ! Q84 MEMORANDUM OF LAW in Support re: 83 MOTION for Summary Judgment.. Document filed by Town of Mount Pleasant. (fk) (Entered: 05/04/2010) 05/03/2010 ~85 RULE 56.1 STATEMENT. Document filed by Town of Mount Pleasant. (fk) (Entered: 05/04/2010) 05/03/2010 ~86 NOTICE To Pro Se Litigant Who Opposes A Motion For Summary Judgment. Document filed by Town of Mount Pleasant. (fk) (Entered: 05/04/2010) 06/29/201() ~87 MOTION for Extension of Time: Serious personal circumstances have risen that force me to request the Court's approval of a two week extension for submission of my "Affirmation in Opposition" to the Town of Mount Pleasant" Motion for Summary Judgment" ... Document filed by Robert John Wolff.(rj) (Entered: 06/29/2010) 06/2912010 t;l88 MEMO ENDORSEMENT:DEEMED LETTER MOTION. MOTION GRANTED. on re: 87 MOTION for Extension of Time. filed by Robert John Wolff SO ORDERED (Signed by Magistrate Judge Lisa Margaret Smith on 6/28/2010) The Clerk's Office Has Mailed Copies.(rj) (Entered: 06/29/2010) 05/0312010 ! I - I I "-""""""" 06/29/2010 t;I (Court only) ***Motion(s) terminated: 87 MOTION for Extension of Time. filed by Robert John Wolff. (rj) (Entered: 06/29/2010) 06/29/2010 ~ SetlReset Deadlines: Replies due by 7/28/2010. Responses due by 7114/2010 (rj) (Entered: 06/29/2010) ! 07/1212010 ~ •0711412010 ~89 I 07114/2010 Received returned mail re: 87 Motion for Extension of Time,. Mail was addressed to Robert John Wolf at 62-55 Broadway Breene, N.Y. 10471 and I was returned for the following reason(s): Return to Sender Attempted Not ! Known Unable to Forward. (br) (Entered: 07/12/2010) PLAINTIFFS RESPONSE re: 85 Rule 56.1 Statement. Document filed by Robert John Wolff. (fk) (Entered: 07/2112010) Q90 AFFIDAVIT of Robert John Wolff in Opposition re: 83 MOTION for Summary Judgment. Document filed by Robert John Wolff. (fk) (Entered: 07/2112010) https:llecf.nysd.circ2.dcnlcgi-biniOktRpt.pl?1656167021435( ·SONY CMlECF Version 4.1.1 ~ I i 09/15/2010 I 1 REPL Y MEMORANDUM OF LAW m Support re: 83 MOTION for Summary Judgment.. Document filed by Town of Mount Pleasant Uma) (Entered: 08/03/2010) '191 08/02/2010 ... ~ 92 I CANCELLATION NOTICE: The in person conference scheduled for ,Friday, September 17,2010, at 10:00 AM in the matter of WOLFF v. i MOUNT PLEASANT has been cancelled. So Ordered. (Signed by USMJ Lisa Margaret Smith on 9/15/10) The Clerk's Office Has Mailed Copies.(fk) (Entered: 09115/2010) j ! 09115/2010 ~93 - REPORT AND RECOMMENDATIONS :...F or the aforementioned reasons, I conclude, and respectfully recommend that Your Honor should conclude, that Defendant's motion for summary judgment should be granted and Plaintiffs claims should be dismissed in their entirety ... Objections to R&R due by 10/4/2010 SO ORDERED (Signed by Magistrate Judge Lisa Margaret Smith on 9115/2010) Copies Mailed By Chambers. (rj) (Entered: 09116/2010) 09/30/2010 4) 94 ENDORSED LETTER addressed to Judge Cathey Seibel from Robert Wolff dated 912712010.. .1 hereby ask the Court's leave for a two week extension until October 18, 2010. Currently I am running between three part-time civil service jobs, six days a week, trying to support myself and spending my day off in Brooklyn helping an eighty year old wheelchair bound cousin with her shopping and household chores. I have also been cautioned by the Town of Mount Pleasant about taking time off from work. This leaves little time to prepare such an important document. Counsel for the Town was contacted last week for permission and took no position, neither consenting, nor opposing. I cannot afford another foolish PRO SE procedural error and ask the Court's approval of this request.ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Cathy Seibel on 9/30/2010) The Clerks Office Has Mailed Copies. Uty) (Entered: 09/30/2010) I I - i ~ /' / I I I ~ 09/3012010 Set/Reset Deadlines: Submission of objections extended to October 18,2010. Uty) (Entered: 09/30/2010) ) I 'il95 ! OBJECTION to 93 Report and Recommendations. Document filed by IRobert John Wolff. (gs) (Entered: 10/2112010) 110/2012010 1012012010 ~97 Letter addressed to Judge Cathy Seibel from Robert J. Wolff dated 10118/2010 re: .... .1 hereby formally request permission from the Court to file a "MOTION SEEKING LEAVE TO RESUBMIT PRO SE PLAINTIFF'S OPPOSITION TO DEFENDANT'S STATEMENT OF UNDISPUIED MATERIAL FACT PROPERLY AND IN FULL COMPLIANCE WITH , LOCAL RULE 56.1.. ...". Document filed by Robert John Wolff.(gs) (Entered: 11104120 10) 10/2812010 ~96 Letter addressed to Judge Cathy Seibel from Kiera J. Meehan dated 10/25110 re: ... response to Plaintiffs objections to the R&R. Document filed by Town of Mount Pleasant.(fk) (Entered: 12129/2010) I i https:llecf.nysd.circ2.dcnlcgi-binlDktRpt.pl?1 656167021435( SDNY CMJECF Version 4.1.1 I ~98 01120/2011 i I0112112011 ~ 10112112011 Transmission to Judgments and Orders Clerk. Transmitted re: 98 Order I Adopting Report and Recommendations" to the Judgments and Orders I I ORDER ADOPTING REPORT AND RECOMMENDATIONS... For the reasons stated above, the R&R is (with the exception noted) adopted as the decision of the Court. The Clerk of the Court is respectfully directed to terminate the pending motion, (Doc. 83), and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 1120/11) The Clerks Office Has Mailed Copies. (fk) (Entered: 01121/2011) Clerk. (fk) (Entered: 0112112011) ~99 ruDGMENT: ... ORDERED ADruDGED AND DECREED that the I complaint be and it is hereby dismissed. (Signed by Clerk of Court Ruby ! Krajick on 112112011) The Clerks Office Has Mailed Copies. (rj) (Entered: I 0112112011 02/17/2011 0112112011) ~ ~ 100 , I (Court only) ***Civil Case Terminated.*** (t:.i) (Entered: 0112112011) INOTICE OF APPEAL from 98 Order Adopting Report and I Recommendations, 99 Judgment. Document filed by Robert John Wolff. NO I FEE DUE -- SEE DOCKET ENTRY # 1. Copies of Notice of Appeal mailed I ~ to Attorney(s) of Record: Steven Charles Stern. (gs) (Entered: 02/18/2011) 0211812011 Q Transmission of Notice of Appeal to the District Judge re: 100 Notice of , Appeal. (gs) (Entered: 02/18/2011) 02/1812011 ~ Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US . Court of Appeals re: 100 NotIce of Appeal. (gs) (Entered: 02118/2011)

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