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Case TitleCiuffetelli v. Farm Credit East, ACA et. al.
DistrictEastern District of New York
CityCentral Islip
Case Number2:2019cv04047
Date Filed2019-07-12
Date Closed2020-08-25
JudgeJudge Brian M. Cogan
PlaintiffRalph B. Ciuffetelli
Case DescriptionRalph Ciuffetelli requested records concerning a land appraisal from Farm Credit East. This is not a FOIA case.
Complaint issues: FOIA not mentioned

DefendantFarm Credit East, ACA
DefendantPatrick K. Wiles
DefendantSandra M. Pearson
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-121COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-11659142 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ralph B. Ciuffetelli. (Attachments: # 1 Exhibit A- Letter dated June 21, 2017, # 2 Exhibit B- July 19, 2017 Denial, # 3 Exhibit C- Letter dated November 30, 2017, # 4 Exhibit D- Letter dated December 6, 2017, # 5 Exhibit E- April 27, 2018 Denial, # 6 Exhibit F- Gfeller E-mail Correspondence, # 7 Exhibit G- Plaintiff's FOIA, # 8 Exhibit H- Defendant FCE's FOIA Denial, # 9 Exhibit I- FCA FOIA response, # 10 Exhibit J- Agans E-mail Correspondence, # 11 Civil Cover Sheet) (Campanelli, Andrew) (Entered: 07/12/2019)
2019-07-122Proposed Summons. by Ralph B. Ciuffetelli (Campanelli, Andrew) (Entered: 07/12/2019)
2019-07-123Proposed Summons. by Ralph B. Ciuffetelli (Campanelli, Andrew) (Entered: 07/12/2019)
2019-07-124Proposed Summons. by Ralph B. Ciuffetelli (Campanelli, Andrew) (Entered: 07/12/2019)
2019-07-125NOTICE of Appearance by Amanda Rose Disken on behalf of Ralph B. Ciuffetelli (aty to be noticed) (Disken, Amanda) (Entered: 07/12/2019)
2019-07-12Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Doudalis, Evelyn) (Entered: 07/15/2019)
2019-07-156This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Doudalis, Evelyn) (Entered: 07/15/2019)
2019-07-157In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Doudalis, Evelyn) (Entered: 07/15/2019)
2019-07-158Summons Issued as to Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Doudalis, Evelyn) (Entered: 07/15/2019)
2019-07-159MOTION for Refund of Fees Paid Electronically by Ralph B. Ciuffetelli. (Disken, Amanda) (Entered: 07/15/2019)
2019-07-1510SCHEDULING ORDER: Initial Status Conference is set for 8/28/2019 at 10:45 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 7/15/2019. (Weisberg, Peggy) (Entered: 07/15/2019)
2019-07-1611APPLICATION 9 for Refund of Fees Paid Electronically APPROVED by August Marziliano, Operations Manager on 7/16/2019. (Marziliano, August) (Entered: 07/16/2019)
2019-08-0112NOTICE of Appearance by Elliott A Hallak on behalf of Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles (notification declined or already on case) (Hallak, Elliott) (Entered: 08/01/2019)
2019-08-0113MOTION for Extension of Time to File Answer re 1 Complaint,, by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Hallak, Elliott) (Entered: 08/01/2019)
2019-08-01ORDER granting 13 . Defendants' answer due by 8/23/2019. Ordered by Judge Brian M. Cogan on 8/1/2019. (Weisberg, Peggy) (Entered: 08/01/2019)
2019-08-0514SUMMONS Returned Executed by Ralph B. Ciuffetelli. Farm Credit East, ACA served on 7/23/2019, answer due 8/23/2019. (Campanelli, Andrew) (Entered: 08/05/2019)
2019-08-0515SUMMONS Returned Executed by Ralph B. Ciuffetelli. Patrick K. Wiles served on 7/24/2019, answer due 8/23/2019. (Campanelli, Andrew) (Entered: 08/05/2019)
2019-08-0516SUMMONS Returned Executed by Ralph B. Ciuffetelli. Sandra M. Pearson served on 7/23/2019, answer due 8/23/2019. (Campanelli, Andrew) (Entered: 08/05/2019)
2019-08-0817NOTICE of Appearance by Daniel Robert Lecours on behalf of Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles (aty to be noticed) (Lecours, Daniel) (Entered: 08/08/2019)
2019-08-2118Letter (Joint Letter Pursuant to Mandatory Requirements for Initial Status Conference) by Ralph B. Ciuffetelli (Attachments: # 1 Exhibit Proposed Civil Case Management Plan) (Disken, Amanda) (Entered: 08/21/2019)
2019-08-2219MOTION for pre motion conference by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Hallak, Elliott) (Entered: 08/22/2019)
2019-08-23SCHEDULING ORDER. Plaintiff is directed to file a detailed response to defendants' 19 letter by 8/28/2019. A Premotion Conference on the anticipated motion to dismiss will be held in conjunction with the Initial Status Conference which is reset to 9/5/2019 at 2:15 pm by telephone . Defendants' counsel is directed to arrange and initiate the call and the parties will jointly call Chambers at 718-613-2230. Ordered by Judge Brian M. Cogan on 8/23/2019. (Weisberg, Peggy) (Entered: 08/23/2019)
2019-08-2820Letter in Response to Defendants' pre-motion letter [Doc. # 19] by Ralph B. Ciuffetelli (Disken, Amanda) (Entered: 08/28/2019)
2019-09-06Minute Entry and Order for joint Initial Status Conference and Premotion Conference held on 9/5/2019 before Judge Brian M. Cogan. Counsel for all parties appeared via telephone. The Court adopted the proposed discovery schedule and will enter that Order separately. However, plaintiff must amend its complaint and join any further parties as a matter of course by 10/10/2019. Defendants shall file their motion to dismiss by 9/19/2019. Plaintiff shall file its opposition by 10/3/2019; reply by 10/10/2019. See transcript for details. (Court Reporter: Rivka Teich.) (Weisberg, Peggy) (Entered: 09/06/2019)
2019-09-0921SCHEDULING ORDER/CIVIL CASE MANAGEMENT PLAN is hereby adopted. ( Ordered by Judge Brian M. Cogan on 9/6/2019 ) (Guzzi, Roseann) (Entered: 09/09/2019)
2019-09-09Email Notification Test - DO NOT REPLY (Layne, Monique) (Entered: 09/09/2019)
2019-09-1922MOTION to Dismiss by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Attachments: # 1 Memorandum in Support) (Hallak, Elliott) (Entered: 09/19/2019)
2019-10-0323Joint MOTION to Withdraw and Dismiss Plaintiff's Third Claim with Prejudice and to Withdraw Defendants' Motion to Dismiss by Ralph B. Ciuffetelli. (Attachments: # 1 Exhibit Stipulation) (Disken, Amanda) (Entered: 10/03/2019)
2019-10-03ORDER granting 23 and terminating 22 as withdrawn. Ordered by Judge Brian M. Cogan on 10/3/2019. (Weisberg, Peggy) (Entered: 10/03/2019)
2019-10-1724MOTION for Extension of Time to File Answer by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Hallak, Elliott) (Entered: 10/17/2019)
2019-10-17ORDER granting 24 defendants' motion for extension of time to file their answer to 10/22/2019. Ordered by Judge Brian M. Cogan on 10/17/2019. (Weisberg, Peggy) (Entered: 10/17/2019)
2019-10-2225ANSWER to 1 Complaint,, by All Defendants. (Hallak, Elliott) (Entered: 10/22/2019)
2019-10-2926Letter MOTION for Extension of Time to Complete Discovery by Ralph B. Ciuffetelli. (Disken, Amanda) (Entered: 10/29/2019)
2019-10-30ORDER denying 26 Motion for Extension of Time to Complete Discovery without prejudice to renewal if indeed new defense counsel moves for substitution in the manner required by the Local Rules. In addition, there is no guarantee that the Court will grant such a motion if it is premised on a discovery extension, as the need for such an extension because of the substitution of counsel is one of the factors the Court will consider in determining whether to allow the substitution. Ordered by Judge Brian M. Cogan on 10/30/2019. (Weisberg, Peggy) (Entered: 10/30/2019)
2019-10-3127NOTICE of Consent to Change Attorney by Scott I. Unger (Attachments: # 1 Declaration, # 2 Substitution of Counsel) (Unger, Scott) (Entered: 10/31/2019)
2019-10-3128NOTICE of Consent to Change Attorney by Scott I. Unger Amended Declaration of Scott I. Unger, Esquire in support of change of counsel for the Defendants (Unger, Scott) (Entered: 10/31/2019)
2019-11-0729MOTION to Substitute Attorney by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Unger, Scott) (Entered: 11/07/2019)
2019-11-07ORDER re: 29 . The Court grants the motion to extend time to complete discovery until 1/31/2020, further extensions are unlikely. The Motion to Substitute Attorney is granted. Attorneys Elliott A Hallak and Daniel Robert Lecours are terminated. Ordered by Judge Brian M. Cogan on 11/7/2019. (Weisberg, Peggy) (Entered: 11/07/2019)
2019-11-2530NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09/05/2019, before Judge COGAN. Court Reporter/Transcriber rivka teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020. (Teich, Rivka) (Entered: 11/25/2019)
2019-12-2331First MOTION for Discovery by Ralph B. Ciuffetelli. (Attachments: # 1 Exhibit A- Document Demand, # 2 Exhibit B- Redacted Document) (Disken, Amanda) (Entered: 12/23/2019)
2019-12-23SCHEDULING ORDER: A telephone hearing on plaintiff's 31 motion is set for 12/26/2019 at 11:30 AM. Plaintiff's counsel is directed to arrange and initiate the call and the parties will jointly call Chambers at 718-613-2230. Ordered by Judge Brian M. Cogan on 12/23/2019. (Weisberg, Peggy) (Entered: 12/23/2019)
2019-12-2432RESPONSE to Motion re 31 First MOTION for Discovery filed by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Unger, Scott) (Entered: 12/24/2019)
2019-12-26Minute Entry and Order for Hearing held before Judge Brian M. Cogan on 12/26/2019. The Court granted in part 31 plaintiff's motion for discovery. By 1/6/2020, defendants shall provide plaintiff with a coded list of the 322 potential comparables. By 1/13/2020, plaintiff shall randomly select twenty (20) of the applicants' files in addition to the three (3) referenced in his complaint. The parties shall submit for the Court's approval a joint proposed protective order as soon as plaintiff makes his selection, but no later than 1/14/2020, and a revised discovery scheduling order. See transcript for details. (Court Reporter: Charleane Heading.) (Weisberg, Peggy) (Entered: 12/26/2019)
2020-01-1433Letter MOTION for Extension of Time to File a proposed protective order and a revised scheduling order by Ralph B. Ciuffetelli. (Campanelli, Andrew) (Entered: 01/14/2020)
2020-01-14ORDER granting in part 33 . Regardless of whether plaintiff retains new counsel, current counsel cannot be relieved except by Order of the Court. The Court therefore deems this motion to constitute a motion to withdraw as counsel, and in light of the "complete breakdown in the attorney-client relationship," and counsel and plaintiff's agreement that plaintiff "will voluntarily retain new counsel," the motion to withdraw is granted. The action is stayed for two weeks so that plaintiff can have new counsel appear. As his final act as outgoing counsel, Mr. Campanelli is directed to print out and mail a copy of this Order directly to plaintiff; file proof of such mailing; and in that proof of mailing, list plaintiff's address so that it can be added to the docket. Upon filing of such proof mailing, plaintiff's counsel will be terminated. Plaintiff is advised that as of the date of this Order, he is proceeding without counsel as a pro se litigant. If new counsel does not appear within two weeks and plaintiff does not meet his obligations as a pro se litigant, the action may be dismissed. Ordered by Judge Brian M. Cogan on 1/14/2020. (Weisberg, Peggy) (Entered: 01/14/2020)
2020-01-1534AFFIDAVIT of Service for Electronic Order granting Motion to Withdraw as Attorney for Plaintiff (*Affirmation of Service) served on Ralph B. Ciuffetelli on 01/15/2020, filed by Ralph B. Ciuffetelli. (Campanelli, Andrew) (Entered: 01/15/2020)
2020-01-3135Letter dated 1/28/2020 from Ralph Ciuffetelli to Judge Cogan requesting an extension of time to replace withdrawing attorney. (Clarke, Melonie) (Entered: 01/31/2020)
2020-02-0336ORDER dated 2/1/20 request is granted. The time for plaintiff to decide on retaining new counsel, proceeding pro se, or withdrawing action is extended to 2/28/20 re 35 Letter requesting an extension of time to replace withdrawing attorney. ( Ordered by Judge Brian M. Cogan on 2/1/2020 ) (Guzzi, Roseann) (Entered: 02/03/2020)
2020-03-0537NOTICE of Appearance by Steven C. Taitz on behalf of Ralph B. Ciuffetelli (aty to be noticed) (Taitz, Steven) (Entered: 03/05/2020)
2020-03-25ORDER re: 37 . By 3/31/2020, the parties shall file a joint letter updating the Court on the status of the case and submitting a revised proposed case management plan using the template attached at 10 . Ordered by Judge Brian M. Cogan on 3/25/2020. (Weisberg, Peggy) (Entered: 03/25/2020)
2020-03-3138Letter joint letter to Judge Cogan per His Honor's March 25, 2020 Order (Docket Entry #37) by Farm Credit East, ACA, Sandra M. Pearson, Patrick K. Wiles (Attachments: # 1 Proposed Order Proposed Case Management Order) (Unger, Scott) (Entered: 03/31/2020)
2020-03-3139ORDER re: 38 . The Court has adopted the parties' proposed case management plan (attached), with the exception that there is no date for a summary judgment motion yet. That date will be set in connection with the premotion conference, but the parties should not expect it to be six weeks after that conference (as they proposed); the party seeking summary judgment should have made substantial progress on it prior to the premotion conference. In addition, the Court advises the parties as follows concerning discovery: (1) any impasse that exists after a meet and confer must be brought to the attention of the Court promptly, or the party seeking the discovery will be deemed to have waived it; (2) any discovery dispute that the Court finds the parties should have been able to work out on their own will likely result in an award of attorneys' fees to the prevailing party. Ordered by Judge Brian M. Cogan on 3/31/2020. (Weisberg, Peggy) (Entered: 03/31/2020)
2020-04-0140NOTICE of Appearance by Steven C. Taitz on behalf of Ralph B. Ciuffetelli (notification declined or already on case) (Taitz, Steven) (Entered: 04/01/2020)
2020-04-0141NOTICE of Appearance by Linda D. Calder on behalf of Ralph B. Ciuffetelli (aty to be noticed) (Calder, Linda) (Entered: 04/01/2020)
2020-04-0342STIPULATION of Confidentiality by Ralph B. Ciuffetelli (Taitz, Steven) (Entered: 04/03/2020)
2020-04-0343ORDER re: 42 CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER. ( Ordered by Judge Brian M. Cogan on 4/3/2020 ) (Guzzi, Roseann) (Entered: 04/03/2020)
2020-06-0544Letter Advising Court of Plaintiff's death by Ralph B. Ciuffetelli (Taitz, Steven) (Entered: 06/05/2020)
2020-06-08ORDER re: 44 . Plaintiff's counsel is advised that the Court deems this letter to constitute a suggestion of death upon the record pursuant to Federal Rule of Civil Procedure 25(a)(1). Accordingly, if the claim survives plaintiff's death and the representative of plaintiff's estate wishes to substitute into the action, a motion must be made within 90 days. The Court would suggest to plaintiff's counsel that he carefully consider whether it is in the interests of the estate to substitute in, since plaintiff's death may create insurmountable obstacles to any recovery. Ordered by Judge Brian M. Cogan on 6/8/2020. (Weisberg, Peggy) (Entered: 06/08/2020)
2020-08-2545STIPULATION of Dismissal by Ralph B. Ciuffetelli (Calder, Linda) (Entered: 08/25/2020)
2020-08-25Civil Case Terminated as per parties' Rule 41(a) stipulation. Ordered by Judge Brian M. Cogan on 8/25/2020. (Cogan, Brian) (Entered: 08/25/2020)
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