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Case TitlePickering et al v. U.S. Department of Justice et al
DistrictWestern District of New York
CityBuffalo
Case Number1:2013cv00674
Date Filed2013-06-26
Date Closed2015-03-30
JudgeHon. Richard J. Arcara
PlaintiffLeslie James Pickering
PlaintiffGeoff Kelly Artvoice
DefendantU.S. Department of Justice
DefendantUnited States Postal Service
DefendantTransportation Security Administration
Documents
Docket
Complaint
Opinion/Order [46]
Opinion/Order [47]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-06-261COMPLAINT against Transportation Security Administration, U.S. Department of Justice, United States Postal Service, filed by Leslie James Pickering, Geoff Kelly. (Attachments: #(1) Exhibits 1-30). (DLC) (Entered: 06/27/2013)
2013-06-263**Vacated** pursuant to Order item #33** AUTOMATIC REFERRAL to Mediation. (DLC) Modified on 3/25/2014 (DZ). (Entered: 06/27/2013)
2013-06-26Summons Issued as to Transportation Security Administration, U.S. Department of Justice, United States Postal Service. (DLC) (Entered: 06/27/2013)
2013-06-272NOTICE of Right to Consent to proceed before a Magistrate Judge form. (DLC) (Entered: 06/27/2013)
2013-07-234NOTICE of Appearance by Michael S. Cerrone on behalf of All Defendants (Cerrone, Michael) (Entered: 07/23/2013)
2013-07-315AFFIDAVIT of Service for Summons and Complaint served on U. S. Attorney on 06/27/2013, filed by Leslie James Pickering. (Kuzma, Michael) (Entered: 07/31/2013)
2013-08-016NOTICE of Appearance by Daire Brian Irwin on behalf of All Plaintiffs (Irwin, Daire) (Entered: 08/01/2013)
2013-08-127ANSWER to 1 Complaint by Transportation Security Administration, U.S. Department of Justice, United States Postal Service.(Cerrone, Michael) (Entered: 08/12/2013)
2013-08-138ADR Plan electronically forwarded to attorneys.(DZ) (Entered: 08/13/2013)
2013-08-139TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Leslie G. Foschio The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 8/13/2013. (JMB) (Entered: 08/13/2013)
2013-08-1610First MOTION for Disclosure Vaughn Motion by Geoff Kelly, Leslie James Pickering. (Attachments: # 1 Memorandum in Support of Vaughn Motion)(Kuzma, Michael) (Entered: 08/16/2013)
2013-09-0611ORDER. Scheduling Conference set for 10/15/2013 11:30 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 9/3/2013. (SDW) (Entered: 09/06/2013)
2013-09-0612ORDER re 10 First MOTION for Disclosure Vaughn Motion filed by Leslie James Pickering, Geoff Kelly. Responses due by 9/20/2013. Replies due by 9/30/2013. Signed by Hon. Leslie G. Foschio on 9/3/2013. (SDW) (Entered: 09/06/2013)
2013-09-2013STIPULATION AND ORDER. Defendants' Responses to Plaintiffs' motion to compel due by 10/4/2013 Issued by Hon. Leslie G. Foschio on 9/20/2013. (SDW) (Entered: 09/20/2013)
2013-10-0214MOTION to Stay by Transportation Security Administration, U.S. Department of Justice, United States Postal Service.(Cerrone, Michael) (Entered: 10/02/2013)
2013-10-0215MOTION to Stay by Transportation Security Administration, U.S. Department of Justice, United States Postal Service.(Cerrone, Michael) (Entered: 10/02/2013)
2013-10-0216TEXT ORDER granting 14 Motion to Stay until 30 days after the Department of Justice attorneys are permitted to resume their civil litigation functions. Defendant shall notify the court of such date. Issued by Hon. Leslie G. Foschio on 10/2/2013. (SDW) (Entered: 10/02/2013)
2013-10-0917TEXT ORDER. Based on the stay entered, the Scheduling Conference scheduled for 10/15/2013 is adjourned. Issued by Hon. Leslie G. Foschio on 10/9/2013. (SDW) (Entered: 10/09/2013)
2013-11-0518TEXT ORDER. As the government shutdown has ended, the stay is vacated. Scheduling Conference set for 11/20/2013 11:00 AM before Hon. Leslie G. Foschio. Issued by Hon. Leslie G. Foschio on 11/5/2013. (SDW) (Entered: 11/05/2013)
2013-11-2019MOTION to Dismiss by Transportation Security Administration, U.S. Department of Justice, United States Postal Service.(Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2020MEMORANDUM IN SUPPORT re 19 MOTION to Dismiss byTransportation Security Administration, U.S. Department of Justice, United States Postal Service. (Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2021STATEMENT OF FACTS by Transportation Security Administration, U.S. Department of Justice, United States Postal Service Related document: 19 Motion to Dismiss. (Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2022DECLARATION signed by Betty L. White re 19 MOTION to Dismiss filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Attachments: # 1 Exhibit A-J, # 2 Exhibit K-M, # 3 Exhibit N-Q)(Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2023DECLARATION signed by David Luczynski re 19 MOTION to Dismiss filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2024DECLARATION signed by David M. Hardy re 19 MOTION to Dismiss filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2025DECLARATION signed by Aeron J. Pineiro re 19 MOTION to Dismiss filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 11/20/2013)
2013-11-2026Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 11/20/2013. Plaintiffs' Motion for Vaughn Index 10 -- Plaintiffs agree to accept Doc. No. 19 as Defendants' response, Plaintiffs' reply due by 1/15/2014, Defendants' sur-reply due by 2/14/2014, oral argument at the court's discretion. Defendants' motion to dismiss 19 -- Plaintiffs' response due 1/15/2014, Defendants' reply due 2/14/2014, oral argument at court discretion. Appearances: Pltf-Michael Kuzma, Esq., Daire Irwin, Esq. w/ Plaintiff, Dft-AUSA Michael Cerrone. (Court Reporter FTR Gold.) (SDW) (Entered: 11/20/2013)
2013-11-2527SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 12/20/2013. First Mediation Session due by 2/3/2014. In as much as the Plaintiff has indicated that fact discovery is unlikely and Defendants have filed a dispositive motion, the court has declined to add any outside dates for discovery. Signed by Hon. Leslie G. Foschio on 11/20/2013. (SDW) (Entered: 11/25/2013)
2013-12-1928First MOTION to Opt Out of ADR by Geoff Kelly, Leslie James Pickering.(Kuzma, Michael) (Entered: 12/19/2013)
2014-01-1529First MOTION for Summary Judgment by Geoff Kelly, Leslie James Pickering. (Attachments: # 1 Statement of Undisputed Facts, # 2 Memorandum in Support, # 3 Affidavit Leslie James Pickering)(Kuzma, Michael) (Entered: 01/15/2014)
2014-01-1530CONTINUATION OF EXHIBITS to 29 First MOTION for Summary Judgment . (Kuzma, Michael) (Entered: 01/15/2014)
2014-02-0431First MOTION for Extension of Time to File Response/Reply by Transportation Security Administration, U.S. Department of Justice, United States Postal Service. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 02/04/2014)
2014-02-1132TEXT ORDER granting 31 Motion for Extension of Time to File Response/Reply. Defendants' reply re 19 MOTION to Dismiss due 4/30/2014. Defendants' response re 29 First MOTION for Summary Judgment due by 4/30/2014, Plaintiff's replies due by 5/16/2014.Issued by Hon. Leslie G. Foschio on 2/11/2014. (SDW) (Entered: 02/11/2014)
2014-03-2433ORDER granting plaintiffs' Motion 28 to Opt Out of ADR. The automatic ADR referral of June 26, 2013 is vacated, nunc pro tunc. Mediation-related deadlines in the case Scheduling Order are vacated and the failure to timely file this motion is excused. Signed by Hon. Richard J. Arcara on 3/24/14. (LAS) (Entered: 03/24/2014)
2014-04-2534MOTION for Extension of Time to File Response/Reply by Transportation Security Administration, U.S. Department of Justice, United States Postal Service.(Cerrone, Michael) (Entered: 04/25/2014)
2014-04-2535DECLARATION signed by Michael S. Cerrone re 34 MOTION for Extension of Time to File Response/Reply filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 04/25/2014)
2014-04-3036RESPONSE in Support re 19 MOTION to Dismiss filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service. (Cerrone, Michael) (Entered: 04/30/2014)
2014-04-3037MEMORANDUM in Opposition re 29 First MOTION for Summary Judgment filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service. (Cerrone, Michael) (Entered: 04/30/2014)
2014-04-3038MEMORANDUM in Opposition re 29 First MOTION for Summary Judgment filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C)(Cerrone, Michael) (Entered: 04/30/2014)
2014-04-3039REPLY/RESPONSE to re 29 First MOTION for Summary Judgment (Response to Statement of Undisputed Facts) filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service. (Cerrone, Michael) (Entered: 04/30/2014)
2014-04-3040DECLARATION signed by Betty L. White re 29 First MOTION for Summary Judgment filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 04/30/2014)
2014-04-3041DECLARATION signed by David M. Hardy re 29 First MOTION for Summary Judgment filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 04/30/2014)
2014-04-3042DECLARATION signed by Douglas E. Blair re 29 First MOTION for Summary Judgment filed by Transportation Security Administration, U.S. Department of Justice, United States Postal Service . (Cerrone, Michael) (Entered: 04/30/2014)
2014-05-1543STIPULATION AND ORDER. Plaintiffs' time to reply to Defendants' response to Plaintiff's motion for summary judgment due 5/23/2014. Signed by Hon. Leslie G. Foschio on 5/15/2014. (SDW) (Entered: 05/16/2014)
2014-05-2344REPLY to Response to Motion re 29 First MOTION for Summary Judgment filed by Geoff Kelly, Leslie James Pickering. (Kuzma, Michael) (Entered: 05/23/2014)
2015-02-2445REPORT AND RECOMMENDATIONS re 29 First MOTION for Summary Judgment filed by Leslie James Pickering, Geoff Kelly, 19 MOTION to Dismiss filed by U.S. Department of Justice, Transportation Security Administration, United States Postal Service. Objections due fourteen days from receipt.Signed by Hon. Leslie G. Foschio on 2/24/2015. (SDW) (Entered: 02/24/2015)
2015-02-2546AMENDED REPORT AND RECOMMENDATIONS re 29 First MOTION for Summary Judgment filed by Leslie James Pickering, Geoff Kelly, 19 MOTION to Dismiss filed by U.S. Department of Justice, Transportation Security Administration, United States Postal Service. (Typographical error was corrected on page 4). Objections due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 2/25/2015. (SDW) (Entered: 02/25/2015)
2015-03-3047ORDER adopting Magistrate Judge Leslie G. Foschio's Amended Report and Recommendation 46 as filed on February 25, 2015. Defendants' motion for summary judgment 19 is granted and plaintiffs' cross-motion for summary judgment 29 is denied. The Clerk of the Court shall close the case. -CLERK TO FOLLOW UP- SO ORDERED. Signed by Hon. Richard J. Arcara on 3/27/15. (LAS) (Entered: 03/30/2015)
2015-03-3048JUDGMENT that Defendants motion for summary judgment is granted, and Plaintiffs cross-motion for summary judgment is denied. Signed by Clerk of Court, Michael J. Roemer on 3/30/15. (DZ) (Entered: 03/30/2015)
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