| Date Filed | Doc # | Docket Text |
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| 2009-07-14 | 1 | NOTICE OF REMOVAL by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission from Niagara County Supreme Court, case number 137375. (Filing fee $ 350 receipt number 13608), filed by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit A Tab 1, # 3 Exhibit A Tab 2, # 4 Exhibit A Tab 3, # 5 Exhibit A Tab 4, # 6 Exhibit A Tab 5, # 7 Exhibit A Tab 6, # 8 Exhibit A Tab 7, # 9 Exhibit A Tab 8, # 10 Exhibit A Tab 9, # 11 Exhibit A Tab 10, # 12 Exhibit A Tab 11, # 13 Exhibit B)(DR) (Entered: 07/16/2009) |
| 2009-07-14 | 2 | CERTIFICATE OF SERVICE by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission (DR) (Entered: 07/16/2009) |
| 2009-07-14 | | AUTOMATIC REFERRAL to Mediation (DR) (Entered: 07/16/2009) |
| 2009-07-21 | 3 | MOTION to Dismiss by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Kevin M. Kearney, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J PART 1, # 13 Exhibit J PART 2, # 14 Exhibit K, # 15 Certificate of Service)(Kearney, Kevin) (Entered: 07/21/2009) |
| 2009-12-08 | | NOTICE OF ORAL ARGUMENT AND BRIEFING SCHEDULE. Oral Argument is scheduled for 1/13/2010 at 09:00 AM before Hon. Richard J. Arcara as to 3 Motion to Dismiss filed by defendants. Response papers are to be filed by 12/23/2009. Reply papers, if any, are to be filed by 1/6/2010. (DJD) (Entered: 12/08/2009) |
| 2009-12-11 | 4 | Cross MOTION for Summary Judgment (Declaration, Exhibits, Cert. of Service) by Danny W. Sklarski, John D. Ceretto. (Attachments: # 1 Memorandum in Support of Plaintiffs' Notice of Cross Motion for Summary Judgment)(Graney, Charles) (Entered: 12/11/2009) |
| 2009-12-11 | 5 | STATEMENT OF FACTS (Statement of Undisputed Facts) by Danny W. Sklarski, John D. Ceretto Related document: 4 Motion for Summary Judgment. (Graney, Charles) (Entered: 12/11/2009) |
| 2009-12-14 | 6 | TEXT ORDER - the briefing schedule and oral argument date for the cross-motion for summary judgment (docket no. 4) shall be the same as those for the motion to dismiss (docket no. 3). IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 12/14/2009. (JMB) (Entered: 12/14/2009) |
| 2009-12-23 | 7 | DECLARATION signed by George D. Maziarz re 4 Cross MOTION for Summary Judgment (Declaration, Exhibits, Cert. of Service) filed by Danny W. Sklarski, John D. Ceretto Declaration of George D. Maziarz in support of plaintiffs' motion to compel (and certificate of service) filed by Danny W. Sklarski, John D. Ceretto. (Graney, Charles) (Entered: 12/23/2009) |
| 2010-01-06 | 8 | MEMORANDUM in Opposition re 4 Cross MOTION for Summary Judgment (Declaration, Exhibits, Cert. of Service) and in Further Support of Motion to Dismiss filed by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Affidavit Supplemental Declaration of Kevin M. Kearney, # 2 Exhibit Exhibit L to Kearney Declaration, # 3 Exhibit Exhibit M to Kearney Declaration, # 4 Exhibit Exhibit N to Kearney Declaration, # 5 Exhibit Exhibit O to Kearney Declaration, # 6 Exhibit Exhibit P to Kearney Declaration, # 7 Exhibit Exhibit Q to Kearney Declaration, # 8 Exhibit Exhibit R to Kearney Declaration, # 9 Affidavit Declaration of Janice Thomson, # 10 Exhibit Exhibit A to Thomson Declaration, # 11 Exhibit Exhibit B to Thomson Declaration, # 12 Affidavit Declaration of Raymond L. Steele, # 13 Counterstatement of Disputed and Undisputed Facts, # 14 Certificate of Service)(Kearney, Kevin) (Entered: 01/06/2010) |
| 2010-01-13 | | Set/Reset Hearings: Motion Hearing set for 1/22/2010 11:00 AM before Hon. Richard J. Arcara. (DJD) (Entered: 01/14/2010) |
| 2010-01-13 | | Minute Entry for proceedings held 1/13/2010 before Hon. Richard J. Arcara. Oral Argument is held as to 3 Motion to Dismiss filed by defendants and 4 Cross Motion for Summary Judgement filed by plaintiffs. Further briefing is required. The Court sets forth the following schedule: defendants' papers due by 1/15/2010; plaintiffs' response papers due by 1/20/2010. Oral Argument is continued to 1/22/2010 at 11:00 AM. Appearances: Pltfs - Charles Graney and Nelson Perel; Deft - Kevin Kearney (Court Reporter Yvonne Garrison.) (DJD) (Entered: 02/12/2010) |
| 2010-01-15 | 9 | MEMORANDUM/BRIEF re 3 MOTION to Dismiss Defendants' Supplemental Memorandum of Law Addressing The Court's Subject Matter Jurisdiction by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Kearney, Kevin) (Entered: 01/15/2010) |
| 2010-01-15 | 10 | CERTIFICATE OF SERVICE by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission re 9 Memorandum/Brief, Defendants' Supplemental Memorandum of Law Addressing the Court's Subject Matter Jurisdiction (Kearney, Kevin) (Entered: 01/15/2010) |
| 2010-01-20 | 11 | MEMORANDUM IN OPPOSITION re 9 Memorandum/Brief, concerning subject matter jurisdiction (& cert of service) by Danny W. Sklarski, John D. Ceretto. (Graney, Charles) (Entered: 01/20/2010) |
| 2010-01-22 | | Minute Entry for proceedings held 1/22/2010 before Hon. Richard J. Arcara. Oral Argument continues as to 3 Motion to Dismiss filed by defendants and 4 Cross Motion for Summary Judgement filed by plaintiffs. The Court received a letter today from the Niagara County Legislature which endorses the legal theory advanced by the plaintiffs in this matter. The Court will file the letter. Decision is reserved on the motions. Appearances: Pltfs - Charles Graney and Nelson Perel; Defts - Kevin Kearney (Court Reporter Yvonne Garrison.) (DJD) (Entered: 02/12/2010) |
| 2010-01-26 | 12 | MEMORANDUM in Support re 3 MOTION to Dismiss Defendants' Supplemental Memorandum of Law Advising the Court of Additional Authority filed by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Kearney, Kevin) (Entered: 01/26/2010) |
| 2010-01-27 | 13 | MEMORANDUM IN OPPOSITION re 12 Memorandum in Support of Motion, Plaintiffs' MOL responding to Defendants advising the court of additional authority (w cert. of service) by Danny W. Sklarski, John D. Ceretto. (Graney, Charles) (Entered: 01/27/2010) |
| 2010-03-26 | 14 | ORDER granting 3 Motion to Dismiss; denying 4 Motion for Summary Judgment. Plaintiffs are granted leave to amend the complaint within 60 days of this Order. IT IS SO ORDERED. Signed by Hon. Richard J. Arcara on 3/26/2010. (JMB) (Entered: 03/26/2010) |
| 2010-05-24 | 15 | AMENDED COMPLAINT with Certificate of Service against all defendants, filed by Danny W. Sklarski, John D. Ceretto.(Graney, Charles) (Entered: 05/24/2010) |
| 2010-06-04 | 16 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 13, 2010, before Judge Richard J. Arcara. Court Reporter/Transcriber Yvonne M. Garrison, Telephone number 716-847-2477. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/25/2010. Redacted Transcript Deadline set for 7/5/2010. Release of Transcript Restriction set for 9/2/2010. (DLC) (Entered: 06/04/2010) |
| 2010-06-04 | 17 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 22, 2010, before Judge Richard J. Arcara. Court Reporter/Transcriber Yvonne M. Garrison, Telephone number 716-847-2477. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/25/2010. Redacted Transcript Deadline set for 7/5/2010. Release of Transcript Restriction set for 9/2/2010. (DLC) (Entered: 06/04/2010) |
| 2010-06-07 | 18 | MOTION to Dismiss Amended Complaint by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Memorandum in Support of Motion to Dismiss Amended Complaint, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Declaration, # 9 Exhibit A, # 10 Exhibit B, # 11 Declaration, # 12 Certificate of Service)(Kearney, Kevin) (Entered: 06/07/2010) |
| 2010-07-20 | 19 | Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) by Danny W. Sklarski, John D. Ceretto. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Memorandum in Support of plaintiff's cross-motion for summary judgment and in opposition to defendants' motion to dismiss the amended complaint, # 16 Certificate of Service of notice of cross-motion, declaration of Charles E. Graney, Memorandum of Law and Plaintiffs' Statement of Undisputed Facts)(Graney, Charles) (Entered: 07/20/2010) |
| 2010-07-20 | 20 | STATEMENT OF FACTS - Undisputed dated 7/20/10 by Danny W. Sklarski, John D. Ceretto Related document: 19 Motion for Summary Judgment,,,. (Graney, Charles) (Entered: 07/20/2010) |
| 2010-08-03 | 21 | TEXT ORDER re 18 Motion to Dismiss Amended Complaint by defendants and 19 Cross-Motion for Summary Judgment filed by plaintiffs. Response papers to each motion shall be filed on or before 8/25/2010. Any reply papers shall be filed on or before 9/9/2010. Oral argument for both motions is scheduled for 9/28/2010 at 09:00 AM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on August 3, 2010. (DJD) (Entered: 08/03/2010) |
| 2010-08-25 | 22 | MEMORANDUM in Opposition re 19 Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Memorandum of Law in Opposition to Plaintiffs; Second Motion for Summary Judgment filed by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Defendants' Second Counterstatement of Disputed and Undisputed Facts, # 2 Declaration of L.J. Holloway, # 3 Supplemental Declaration of Raymond L. Steele, # 4 Certificate of Service)(Kearney, Kevin) (Entered: 08/25/2010) |
| 2010-08-25 | 23 | REPLY/RESPONSE to re 18 MOTION to Dismiss Amended Complaint with Certificate of Service filed by Danny W. Sklarski, John D. Ceretto. (Graney, Charles) (Entered: 08/25/2010) |
| 2010-09-08 | 24 | MOTION to Adjourn Oral Argument of Summary Judgment Motions by Norma I. Higgs, Niagara Falls Bridge Commission, Board of Commissioners of the Niagara Falls Bridge Commission. (Attachments: # 1 Declaration of Kevin M. Kearney in Support of Moiton to Adjourn Oral Argument of Summary Judgment Motions, # 2 Certificate of Service)(Kearney, Kevin) (Entered: 09/08/2010) |
| 2010-09-09 | 25 | MEMORANDUM in Support re 19 Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Cross MOTION for Summary Judgment & Declaration also filed in opposition to defendants' motion to dismiss (dated 6/7/10) Plaintiffs' Reply Memorandum of Law in support of their cross-motion for summary judgment and in opposition to defendants' motion to dismiss the amended complaint filed by Danny W. Sklarski, John D. Ceretto. (Attachments: # 1 Certificate of Service)(Graney, Charles) (Entered: 09/09/2010) |
| 2010-09-09 | 26 | TEXT ORDER. Defendants filed, with plaintiff's consent, 24 Motion to adjourn the 9/28/2010 oral argument as to 18 Motion to Dismiss Amended Complaint by defendants and 19 Cross-Motion for Summary Judgment filed by plaintiffs. The motion is granted. Oral Argument is adjourned to 10/21/2010 at 09:00 AM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on September 9, 2010. (DJD) (Entered: 09/09/2010) |
| 2010-10-21 | | Minute Entry for proceedings held 10/21/2010 before Hon. Richard J. Arcara. Oral Argument is held as to 18 Motion to Dismiss Amended Complaint filed by defendants and 19 Cross Motion for Summary Judgment filed by plaintiffs. Decision is reserved. Appearances: Pltfs - Charles Graney and Nelson Perel; Defts - Kevin Kearney (Court Reporter Yvonne Garrison.) (DJD) (Entered: 11/30/2010) |
| 2016-11-16 | 27 | TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. Michael A. Telesca for all further proceedings. Hon. Richard J. Arcara no longer assigned to case. Issued by Hon. Richard J. Arcara on 11/16/16. (LAS) (Entered: 11/16/2016) |
| 2016-11-23 | 28 | -CLERK TO FOLLOW UP- DECISION AND ORDER granting 18 defendants motion to dismiss (doc. 18), which this Court has converted to a motion for summary judgment; denying Plaintiffs cross-motion; and dismissing the amended complaint (doc. 15) in its entirety with prejudice. (The Clerk of the Court is directed to close this case.) Signed by Hon. Michael A. Telesca on 11/23/16. (JMC) (Entered: 11/23/2016) |
| 2016-11-28 | 29 | JUDGMENT in favor of Board of Commissioners of the Niagara Falls Bridge Commission, Niagara Falls Bridge Commission, Norma I. Higgs against Danny W. Sklarski, John D. Ceretto. Signed by Mary C. Loewenguth, Clerk of Court on 11/28/16. (SG) (Entered: 11/28/2016) |
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