Western District of New York Court Records

(#1) COMPLAINT AGAINST CAPITAL ONE BANK (USA), N.A., EXPERIAN INFORMATION SOLUTIONS, INC., TRANS UNION LLC $ 400 RECEIPT NUMBER 0209-3135273, FILED BY JOSEPH E ROSSI. (ATTACHMENTS: #1 CIVIL COVER SHEET, #2 SUMMONS (CAP ONE), #3 SUMMONS (EXPERIAN), #4 SUMMONS (TRANS UNION))(DOUGLAS, ALEXANDER) (ENTERED: 06/14/2018)

(#22) STIPULATION AND ORDER BY HARTFORD LIFE INSURANCE COMPANY. (ATTACHMENTS: #1 EXHIBIT A - LETTER OF GUARDIANSHIP FOR S.W. - REDACTED, #2 EXHIBIT B - LETTER OF GUARDIANSHIP FOR P.W. - REDACTED)(MAZZOLA, MATTHEW) (ENTERED: 09/15/2025)

(#21) CONTINUATION OF EXHIBITS BY HARTFORD LIFE INSURANCE COMPANY. TO #1 NOTICE OF REMOVAL,, 19 TEXT ORDER, : EXHIBIT A TO NOTICE OF REMOVAL - REDACTED FILED BY HARTFORD LIFE INSURANCE COMPANY. (MAZZOLA, MATTHEW) (ENTERED: 06/30/2025)

(#11) NOTICE OF APPEARANCE BY MICHAEL PHILIP RICHTER ON BEHALF OF COMMANDER FINANCIAL, LLC (RICHTER, MICHAEL) (ENTERED: 09/18/2025)

(#10) REPLY TO RESPONSE TO MOTION RE #5 MOTION TO DISMISS FOR LACK OF JURISDICTION FILED BY COMMANDER FINANCIAL, LLC. (CULLIGAN, KEVIN) (ENTERED: 08/29/2025)

(#9) TEXT ORDER. THE PARTIES ARE HEREBY DIRECTED TO JOINTLY COMPLETE AND EMAIL TO CHAMBERS AT ROEMER@NYWD.USCOURTS.GOV, THE ATTACHED CASE MANAGEMENT ORDER. SUCH SHALL BE COMPLETED WITHIN 30 DAYS OF THE DATE OF THIS TEXT ORDER. THE COURT WILL ISSUE A FINAL CASE MANAGEMENT ORDER UPON RECEIPT AND REVIEW OF THE PROPOSED DEADLINES. SO ORDERED. ISSUED BY HON. MICHAEL J. ROEMER ON 9/8/2025. (RAZ) (ENTERED: 09/08/2025)

(#8) TEXT REFERRAL ORDER - HON. MICHAEL J. ROEMER, UNITED STATES MAGISTRATE JUDGE, IS HEREBY DESIGNATED TO ACT IN THIS CASE AS FOLLOWS: PURSUANT TO 28 U.S.C. 636(B)(1)(A), 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 NOT HEAR AND REPORT UPON DISPOSITIVE MOTIONS FOR THE CONSIDERATION OF THE DISTRICT JUDGE PURSUANT TO 28 U.S.C. 636(B)(1)(B) AND (C), UNLESS FURTHER ORDERED BY THIS COURT. 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. 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 THE COURT. IT IS SO ORDERED. ISSUED BY HON. LAWRENCE J. VILARDO ON 9/2/2025. (CRT) (ENTERED: 09/02/2025)

(#14) RESPONSE IN OPPOSITION RE #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY ACV AUCTIONS INC.. (LESLIE, CRAIG) (ENTERED: 09/22/2025)

(#13) CORPORATE DISCLOSURE STATEMENT BY ACV AUCTIONS INC.. (LESLIE, CRAIG) (ENTERED: 09/22/2025)

(#2) SUMMONS ISSUED AS TO FORSTER & GARBUS LLP.. (BK) (ENTERED: 03/01/2018)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (BK) (ENTERED: 03/01/2018)

ATTENTION ALL PLAINTIFFS OR INTERVENORS: PURSUANT TO FED. R. CIV. P.7.1 AND/OR GENERAL ORDER NO. 157. IN THE MATTER OF DISCLOSURE OF MEMBERS, SHAREHOLDERS, PARTNERS, AND LEADERS OF BUSINESS ORGANIZATION PARTIES, ALL DISCLOSURE STATEMENTS ARE TO BE FILED WITHIN SEVEN (7) DAYS OF THIS NOTICE. (KM) (ENTERED: 08/12/2025)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. PRO SE PACKET CONSISTING OF PRIVACY NOTICE, CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE, CIVIL CASE TIMELINE, ADR NOTIFICATION AND PRO SE ASSISTANCE PROGRAM INFO GIVEN TO PLAINTIFF AT THE COUNTER. (RE) (ENTERED: 08/05/2025)

(#13) TEXT ORDER GRANTING DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE AND REPLY, DOCKET ITEM #12 . RESPONSE DUE BY 5/1/2020. REPLY DUE BY 5/8/2020. A HEARING ON THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION IS SET FOR 6/3/2020 AT 10:00 AM IN U.S. COURTHOUSE, 2 NIAGARA SQUARE, BUFFALO, NY 14202-3350 BEFORE THE HON. LAWRENCE J. VILARDO. SO ORDERED. ISSUED BY HON. LAWRENCE J. VILARDO ON 2/11/2020. (CMD) (ENTERED: 02/12/2020)

(#12) MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY BY ANDREW CUOMO, LETITIA JAMES, ROBERTA REARDON. (ATTACHMENTS: #1 TEXT OF PROPOSED ORDER)(KUPFERBERG, SETH) (ENTERED: 02/11/2020)

(#15) CERTIFICATE OF SERVICE BY MARK CHAUVIN BEZINQUE RE #12 MOTION TO DISMISS FOR LACK OF JURISDICTION (PALMER, DEVIN) (ENTERED: 02/19/2020)

(#13) TEXT MOTION SCHEDULING ORDER: SEVERAL DEFENDANTS HAVE MOVED TO DISMISS THE COMPLAINT (ECF NO. #9 , #10 , #11 , #12 ). PLAINTIFF'S RESPONSE TO THESE MOTIONS IS DUE ON OR BEFORE MARCH 11, 2020. DEFENDANTS' REPLIES ARE DUE ON OR BEFORE MARCH 25, 2020. SO ORDERED. SIGNED BY HON. FRANK P. GERACI, JR. ON 2/19/20. (BJJ) THIS TEXT ORDER WAS MAILED TO PRO SE PLAINTIFF. (ENTERED: 02/19/2020)

(#9) ANSWER TO #7 ANSWER TO COMPLAINT, CROSSCLAIM BY SHAWN ADAMS. (ATTACHMENTS: #1 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE OF ANSWER TO CROSS CLAIM IN AMENDED ANSWER)(HUGGINS, MAEVE) (ENTERED: 10/26/2018)

(#8) ANSWER TO #5 ANSWER TO COMPLAINT, CROSSCLAIM OF SHAWN ADAMS BY JOHN DOE 1-2, DEREK SCOTT.(DELLA POSTA, MARK) (ENTERED: 10/26/2018)

(#6) TEXT ORDER GRANTING #5 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY. WITH PLAINTIFF'S CONSENT, DEFENDANTS' REQUEST FOR AN EXTENSION OF TIME TO FILE AN ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT IS GRANTED. DEFENDANTS' RESPONSE IS DUE ON OR BEFORE OCTOBER 6, 2025. SO ORDERED. SIGNED BY HON. MEREDITH A. VACCA ON 09/12/2025. (JCL) (ENTERED: 09/12/2025)

(#5) MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY AS TO #1 COMPLAINT, BY PROVISUR (WHITEWATER) LLC, WEILER & COMPANY.(CROSBY, BRIAN) (ENTERED: 09/11/2025)

(#4) STIPULATION OF DISMISSAL STIPULATION OF SETTLEMENT BY ANDREW D. FANIZZI. (FANIZZI, ANDREW) (ENTERED: 10/01/2025)

(#3) NOTICE BEFORE DISMISSAL FOR FAILURE TO EFFECT SERVICETHE PLAINTIFF, ANDREW D. FANIZZI, COMMENCED THIS ACTION ON 4/7/2025, SEE DOCKET ITEM #1 .RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE PROVIDES:"IF A DEFENDANT IS NOT SERVED WITHIN 90 DAYS AFTER THE COMPLAINT IS FILED, THE COURTON MOTION OR ON ITS OWN AFTER NOTICE TO THE PLAINTIFFMUST DISMISS THE ACTION WITHOUT PREJUDICE AGAINST THAT DEFENDANT OR ORDER THAT SERVICE BE MADE WITHIN A SPECIFIED TIME. BUT IF THE PLAINTIFF SHOWS GOOD CAUSE FOR THE FAILURE, THE COURT MUST EXTEND THE TIME FOR SERVICE FOR AN APPROPRIATE PERIOD." ID.THE TIME TO EFFECT SERVICE NOW HAS ELAPSED, AND PROOF OF SERVICE HAS NOT BEEN FILED. THEREFORE,IT IS HEREBY ORDERED THAT FANIZZI SHALL SHOW CAUSE WITHIN 30 DAYS OF THE DATE OF THIS ORDER WHY THIS MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO TIMELY EFFECT SERVICE. HE MAY DO SO BY PROVIDING PROOF OF SERVICE OR BY OTHERWISE PROVIDING "GOOD CAUSE" FOR THE FAILURE TO EFFECT SERVICE AND REQUESTING AN EXTENSION. IF FANIZZI DOES NOT RESPOND TO THIS ORDER WITHIN 30 DAYS, THE MATTER SHALL BE DISMISSED WITHOUT PREJUDICE UNDER RULE 4(M), AND THE CLERK OF THE COURT SHALL CLOSE THIS CASE WITHOUT FURTHER ORDER. SO ORDERED. ISSUED BY HON. LAWRENCE J. VILARDO ON 7/9/2025. (CRT)CLERK TO FOLLOW UP (ENTERED: 07/09/2025)

CASE OPENED IN BUFFALO IN ERROR AND TRANSFERRED TO ROCHESTER UNDER CASE NUMBER 25-CV-6402. ALL FUTURE DOCKETING SHALL BE ENTERED ON THE ROCHESTER CASE. CIVIL CASE TERMINATED AND CASE CLOSED AS AN UNREPORTABLE CLOSING ON JS 6 STATISTICS. (JLH) (ENTERED: 08/06/2025)

(#1) COMPLAINT AGAINST PROVISUR (WHITEWATER) LLC, WEILER & COMPANY $ 405 RECEIPT NUMBER ANYWDC-5546478, FILED BY DAWSEN RODAS. (ATTACHMENTS: #1 CIVIL COVER SHEET, #2 PROPOSED SUMMONS TO WEILER & COMPANY, #3 PROPOSED SUMMONS TO PROVISUR (WHITEWATER) LLC)(SMITH, EDWARD) (ENTERED: 08/05/2025)

(#12) CASE MANAGEMENT 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 10/15/2025. MANDATORY DISCLOSURES DUE BY 11/1/2025. MOTIONS TO JOIN PARTIES/AMEND PLEADINGS DUE BY 11/28/2025. FIRST MEDIATION SESSION DUE BY 12/15/2025. MOTIONS TO COMPEL DISCOVERY DUE BY 2/2/2026. DISCOVERY COMPLETED BY 3/2/2026. PLAINTIFF EXPERT WITNESS ID DUE BY 5/1/2026. DEFENDANT EXPERT WITNESS ID DUE BY 6/1/2026. DISPOSITIVE MOTIONS DUE BY 11/1/2026. SIGNED BY HON. MICHAEL J. ROEMER ON 9/23/2025. (RAZ) (ENTERED: 09/23/2025)

(#10) TEXT ORDER. THE PARTIES ARE HEREBY DIRECTED TO JOINTLY COMPLETE AND EMAIL TO CHAMBERS AT ROEMER@NYWD.USCOURTS.GOV, THE ATTACHED CASE MANAGEMENT ORDER. SUCH SHALL BE COMPLETED WITHIN 30 DAYS OF THE DATE OF THIS TEXT ORDER. THE COURT WILL ISSUE A FINAL CASE MANAGEMENT ORDER UPON RECEIPT AND REVIEW OF THE PROPOSED DEADLINES. SO ORDERED. ISSUED BY HON. MICHAEL J. ROEMER ON 9/8/2025. (RAZ) (ENTERED: 09/08/2025)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (TMK) (ENTERED: 07/05/2022)

AUTOMATIC REFERRAL TO MEDIATION THE ADR PLAN IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.NYWD.USCOURTS.GOV/ALTERNATIVE-DISPUTE-RESOLUTION.(TMK) (ENTERED: 07/05/2022)

(#4) NOTICE OF APPEARANCE BY KENNETH L. BOSTICK ON BEHALF OF STARBUCKS CORPORATION (BOSTICK, KENNETH) (ENTERED: 12/08/2023)

(#3) DEMAND FOR TRIAL BY JURY BY EMILY HEARTY. (REGAN, JOSEPH) (ENTERED: 12/06/2023)

(#9) CLERK'S ENTRY OF DEFAULT AS TO DAWN BLOOMQUIST, JAMES BLOOMQUIST THIS WAS MAILED TO: JAMES BLOOMQUIST AND DAWN BLOOMQUIST. (CGJ) (ENTERED: 06/16/2025)

(#8) REQUEST FOR CLERK'S ENTRY OF DEFAULT BY WELLS FARGO BANK, NATIONAL ASSOCIATION AGAINST DAWN BLOOMQUIST, JAMES BLOOMQUIST, JOHN DOE #1 THROUGH JOHN DOE #12. (ATTACHMENTS: #1 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE)(SHEIDLOWER, ERIC) (ENTERED: 06/13/2025)

(#14) STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND BY HENKEL US OPERATIONS CORP.. (DELUCA, R. SCOTT) (ENTERED: 08/06/2025)

(#13) TEXT ORDER GRANTING #11 AND #12 MOTIONS FOR PRO HAC VICE AS TO TROY L. KESSLER AND RAPHAEL A. KATRI. SO ORDERED. SIGNED BY HON. ELIZABETH A. WOLFORD ON 07/16/2025. (JKS)CLERK TO FOLLOW UP (ENTERED: 07/16/2025)

E-FILING NOTIFICATION: #7 NOTICE OF APPEARANCE AND WAIVER OF SERVICE OF SUMMONS. INCORRECT EVENT USED TO ELECTRONICALLY FILE WAIVER. FOR FUTURE REFERENCE THE WAIVER IS E-FILED ALONE USING EVENT WAIVER OF SERVICE EXECUTED EVENT. NO ACTION REQUIRED. (TF) (ENTERED: 05/14/2025)

RE #7 - WAIVER OF SERVICE RETURNED EXECUTED BY BOARD OF EDUCATION OF THE BUFFALO PUBLIC SCHOOLS, TONJA WILLIAMS, BUFFALO PUBLIC SCHOOLS. BOARD OF EDUCATION OF THE BUFFALO PUBLIC SCHOOLS WAIVER SENT ON 4/25/2025, ANSWER DUE 6/24/2025; TONJA WILLIAMS WAIVER SENT ON 4/25/2025, ANSWER DUE 6/24/2025; BUFFALO PUBLIC SCHOOLS WAIVER SENT ON 4/25/2025, ANSWER DUE 6/24/2025. (TF) (ENTERED: 05/14/2025)

(#12) TEXT ORDER FINDING AS MOOT #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS AN #11 AMENDED COMPLAINT HAS BEEN FILED. DEFENDANTS TO RESPOND TO #11 AMENDED COMPLAINT NO LATER THAN 1/16/2025. SO ORDERED. ISSUED BY HON. MICHAEL J. ROEMER ON 12/16/2024. (RAZ) (ENTERED: 12/16/2024)

(#11) AMENDED COMPLAINT AGAINST DUPONT SPECIALTY PRODUCTS USA, LLC, DUPONT DE NEMOURS, INC., FILED BY EDGAR ROBINSON, JOHN STOVER, RYAN PARISH, KYLE MARTIN, CHRISTOPHER OQUENDO.(CABECEIRAS, ALEXANDER) (ENTERED: 12/13/2024)

(#8) CASE MANAGEMENT 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.)MANDATORY DISCLOSURES DUE BY 2/18/2022. STIPULATION OF SELECTION OF MEDIATOR DUE BY 2/25/2022. MOTIONS TO JOIN PARTIES/AMEND PLEADINGS DUE BY 4/1/2022. FIRST MEDIATION SESSION DUE BY 4/15/2022. MOTIONS TO COMPEL DISCOVERY DUE BY 6/8/2022. DISCOVERY COMPLETED BY 7/8/2022. PLAINTIFF EXPERT WITNESS ID DUE BY 7/22/2022. DEFENDANT EXPERT WITNESS ID DUE BY 8/19/2022. DISPOSITIVE MOTIONS DUE BY 11/25/2022. MEDIATION TO END BY 11/25/2022. SIGNED BY HON. MICHAEL J. ROEMER ON 2/4/2022. (RAZ) (ENTERED: 02/04/2022)

(#7) TEXT ORDER. THE PARTIES ARE HEREBY DIRECTED TO JOINTLY COMPLETE AND EMAIL TO CHAMBERS AT ROEMER@NYWD.USCOURTS.GOV, THE ATTACHED CASE MANAGEMENT ORDER. SUCH SHALL BE COMPLETED WITHIN 30 DAYS OF THE DATE OF THIS TEXT ORDER. THE COURT WILL ISSUE A FINAL CASE MANAGEMENT ORDER UPON RECEIPT AND REVIEW OF THE PROPOSED DEADLINES. SO ORDERED. ISSUED BY HON. MICHAEL J. ROEMER ON 1/11/2022. (RAZ) (ENTERED: 01/11/2022)

(#9) MOTION TO APPOINT COUNSEL BY JOHN-TEL DOUGLAS SCHARBOROUGH. (DMK) (ENTERED: 08/28/2025)

(#8) NOTICE OF CHANGE OF ADDRESS BY JOHN-TEL DOUGLAS SCHARBOROUGH. PLAINTIFF'S ADDRESS CHANGED TO: JOHN-TEL DOUGLAS SCHARBOROUGH, 25-B-1051, GREENE CORRECTIONAL FACILITY, BOX 975, COXSACKIE, NY 12051-0975. CLERK MAILED COPY OF DOCKET REPORT TO PLAINTIFF. (JHF) (ENTERED: 08/14/2025)

(#7) LETTER FROM EDDIE PORTER, DATED 7/22/25, TO U.S. DISTRICT COURT CLERK. (RE) (ENTERED: 07/28/2025)

CLERK MAILED COPY OF #5 ORDER, #6 JUDGMENT AND A FORM MOTION TO PROCEED IN FORMA PAUPERIS WITH SUPPORTING AFFIRMATION TO PLAINTIFF. (JHF) (ENTERED: 04/23/2025)

(#5) TRANSCRIPT (SOCIAL SECURITY) PART 1 OF 3. (ATTACHMENTS: #1 TRANSCRIPT CON'T - PART 2 OF 3, #2 TRANSCRIPT CON'T - PART 3 OF 3)(HURD, CHRISTOPHER) (ENTERED: 09/29/2025)

(#4) TEXT ORDER GRANTING #2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. THE COURT FINDS THAT PLAINTIFF MEETS THE STATUTORY REQUIREMENTS FOR IN FORMA PAUPERIS STATUS AND THEREFORE HIS MOTION (DKT. 2) IS GRANTED. THE CLERK OF COURT IS DIRECTED TO FILE PLAINTIFF'S PAPERS WITHOUT PAYMENT OF FEES. THE SERVICE OF THE COMPLAINT HAS BEEN PERFORMED IN ACCORDANCE WITH WDNY LOCAL RULE 5.5. IT IS SO ORDERED. SIGNED BY HON. ELIZABETH A. WOLFORD ON 8/7/25. (NNR) (ENTERED: 08/07/2025)

(#3) TRANSCRIPT (SOCIAL SECURITY) PART 1 OF 3. (ATTACHMENTS: #1 TRANSCRIPT CON'T - PART 2 OF 3, #2 TRANSCRIPT CON'T - PART 3 OF 3)(MYERS, LAUREN) (ENTERED: 09/30/2025)

(#2) NOTICE OF APPEARANCE OF GOVERNMENT ATTORNEY: LAUREN ELIZABETH MYERS, APPEARING ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY. CLERK TO FOLLOW UP. (MYERS, LAUREN) (ENTERED: 08/09/2025)

FILING FEE: $ 405.00, RECEIPT NUMBER 100008045. (DDS) (ENTERED: 09/19/2025)

(#4) DISREGARD THIS ENTRY, ADDED IN ERROR, ORDER AND JUDGMENT PREVIOUSLY ENTERED BY DDS. MODIFIED ON 8/22/2025 (LEB). ORDER THAT THE CASE SHALL BE ADMINISTRATIVELY TERMINATED. IF THE PLAINTIFF WISHES TO REOPEN THIS ACTION, HE SHALL SO NOTIFY THIS COURT, IN WRITING, NO LATER THAN 30 DAYS FROM THE DATE OF THIS ORDER. THIS WRITING MUST INCLUDE EITHER (A) A PROPERLY SUPPORTED MOTION TO PROCEED IN FORMA PAUPERIS ALONG WITH THE REQUIRED CERTIFICATION OF THE PLAINTIFF'S INMATE TRUST FUND ACCOUNT (OR THE INSTITUTIONAL EQUIVALENT) AND AUTHORIZATION FORM OR (B) THE $350.00 FILING FEE AND THE $55.00 ADMINISTRATIVE FEE ($405.00 TOTAL). UPON THE PLAINTIFF'S SUBMISSION OF EITHER (A) OR (B) ABOVE, THE CLERK OF COURT SHALL REOPEN THIS CASE. SIGNED BY HON. LAWRENCE J. VILARDO ON 8/22/25. (LEB)THIS ORDER ALONG WITH A FORM MOTION TO PROCEED IN FORMA PAUPERIS WITH SUPPORTING AFFIRMATION AND AN AUTHORIZATION FORM WERE MAILED TO: PLAINTIFF AT BOTH THE ADDRESS LISTED ON THE DOCKET IN THIS ACTION AND AT THE ECTOR COUNTY DETENTION CENTER, 2500 US-385, ODESSA, TX 79766. (LEB). (ENTERED: 08/22/2025)

(#4) MAIL RETURNED AS UNDELIVERABLE; REFUSED TO PICK-UP. #3 JUDGMENT, #2 ORDER, SENT TO PLAINTIFF (LEB) (ENTERED: 08/18/2025)

(#3) JUDGMENT IN FAVOR OF ELMIRA CORRECTIONAL FACILITY SUPERINTENDENT, ELMIRA CORRECTIONAL FACILITY'S RELIGOUS COORDINATOR, ELMIRA CORRECTIONAL FACILITYS MEDICAL FACILITY, ELMIRA CORRECTIONAL OFFICERS AGAINST MICHAEL HACKETT. SIGNED BY MARY C. LOEWENGUTH, CLERK OF COURT ON 8/7/25. (LEB)THIS WAS MAILED TO: MICHAEL HACKETT. (ENTERED: 08/07/2025)

NOTICE REGARDING SERVICE OF #1 COMPLAINT, IN A SOCIAL SECURITY CASE: COMMISSIONER OF SOCIAL SECURITY ANSWER DUE 12/2/2025.PURSUANT TO RULE 3 OF THE SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. 405(G), THE CLERK ISSUES THIS NOTICE OF ELECTRONIC FILING TO THE REGIONAL SOCIAL SECURITY ADMINISTRATION'S OFFICE OF GENERAL COUNSEL AND THE UNITED STATES ATTORNEY'S OFFICE FOR THE WESTERN DISTRICT OF NEW YORK. NO SUMMONS WILL ISSUE. (LEB) (ENTERED: 10/03/2025)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (LEB) (ENTERED: 10/03/2025)

NOTICE REGARDING SERVICE OF #1 COMPLAINT, IN A SOCIAL SECURITY CASE: COMMISSIONER OF SOCIAL SECURITY ANSWER DUE 12/2/2025.PURSUANT TO RULE 3 OF THE SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. 405(G), THE CLERK ISSUES THIS NOTICE OF ELECTRONIC FILING TO THE REGIONAL SOCIAL SECURITY ADMINISTRATION'S OFFICE OF GENERAL COUNSEL AND THE UNITED STATES ATTORNEY'S OFFICE FOR THE WESTERN DISTRICT OF NEW YORK. NO SUMMONS WILL ISSUE. (LEB) (ENTERED: 10/03/2025)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (LEB) (ENTERED: 10/03/2025)

(#4) TEXT ORDER GRANTING #2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. THE COURT FINDS THAT PLAINTIFF MEETS THE STATUTORY REQUIREMENTS FOR IN FORMA PAUPERIS STATUS AND THEREFORE HIS MOTION (DKT. 2) IS GRANTED. THE CLERK OF COURT IS DIRECTED TO FILE PLAINTIFF'S PAPERS WITHOUT PAYMENT OF FEES. THE SERVICE OF THE COMPLAINT HAS BEEN PERFORMED IN ACCORDANCE WITH WDNY LOCAL RULE 5.5. IT IS SO ORDERED. SIGNED BY HON. ELIZABETH A. WOLFORD ON 7/2/25. (NNR) (ENTERED: 07/02/2025)

(#3) NOTICE OF APPEARANCE OF GOVERNMENT ATTORNEY: CHRISTOPHER NELSON HURD, APPEARING ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY. CLERK TO FOLLOW UP. (HURD, CHRISTOPHER) (ENTERED: 07/01/2025)

(#3) NOTICE OF APPEARANCE BY TIMOTHY A. RAZEL ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (RAZEL, TIMOTHY) (ENTERED: 11/30/2020)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT)(JD) (ENTERED: 11/24/2020)

(#3) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 SUMMONS ISSUED, #2 SUMMONS ISSUED, #3 COMPLAINT)(KM) (ENTERED: 01/06/2021)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (KM) (ENTERED: 01/06/2021)

(#3) NOTICE OF APPEARANCE BY ANNE M. ZEIGLER ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (ZEIGLER, ANNE) (ENTERED: 09/27/2019)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, US ATTORNEY AND US ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 SUMMONS, #2 SUMMONS, #3 COMPLAINT, #4 EXHIBIT A, #5 EXHIBIT B, #6 CIVIL COVER SHEET) (BK) (ENTERED: 08/21/2019)

(#3) NOTICE OF APPEARANCE BY VERNON NORWOOD ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (NORWOOD, VERNON) (ENTERED: 02/18/2021)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT)(JD) (ENTERED: 02/03/2021)

(#3) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (JLV) (ENTERED: 04/19/2021)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (JLV) (ENTERED: 04/19/2021)

(#3) NOTICE OF APPEARANCE BY NAHID SOROOSHYARI ON BEHALF OF COMISSIONER OF SOCIAL SECURITY (SOROOSHYARI, NAHID) (ENTERED: 12/08/2020)

(#2) SUMMONS ISSUED AS TO COMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT)(JD) (ENTERED: 12/07/2020)

(#3) NOTICE OF APPEARANCE BY REBECCA HOPE ESTELLE ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (ESTELLE, REBECCA) (ENTERED: 03/14/2019)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT)(SG) (ENTERED: 03/07/2019)

(#3) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (CGJ) (ENTERED: 04/16/2021)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT #HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (CGJ) (ENTERED: 04/16/2021)

(#3) NOTICE OF APPEARANCE BY JOHANNY SANTANA ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (SANTANA, JOHANNY) (ENTERED: 07/10/2020)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (JD) (ENTERED: 06/23/2020)

(#3) NOTICE OF APPEARANCE BY ARIELLA RENEE ZOLTAN ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (ZOLTAN, ARIELLA) (ENTERED: 10/27/2021)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (TMK) (ENTERED: 10/22/2021)

(#3) TRANSCRIPT (SOCIAL SECURITY) . (SOROOSHYARI, NAHID) (ENTERED: 12/04/2023)

(#2) NOTICE OF APPEARANCE BY NAHID SOROOSHYARI ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (SOROOSHYARI, NAHID) (ENTERED: 10/11/2023)

(#3) NOTICE OF APPEARANCE BY JOSHUA L. KERSHNER ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (KERSHNER, JOSHUA) (ENTERED: 06/17/2020)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (JD) (ENTERED: 06/03/2020)

(#3) NOTICE OF APPEARANCE BY JOSHUA L. KERSHNER ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (KERSHNER, JOSHUA) (ENTERED: 09/01/2021)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (TMK) (ENTERED: 08/26/2021)

(#3) NOTICE OF APPEARANCE BY JOHANNY SANTANA ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (SANTANA, JOHANNY) (ENTERED: 06/29/2020)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (JD) (ENTERED: 06/09/2020)

(#3) NOTICE OF APPEARANCE BY VERNON NORWOOD ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (NORWOOD, VERNON) (ENTERED: 05/29/2020)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COMPLAINT) (JD) (ENTERED: 05/22/2020)

E-FILING NOTIFICATION: RE 3 NOTICE. CLERK REMOVED DOCUMENT #3 AS IT SHOULD NOT BE ELECTRONICALLY FILED. (CGJ) (ENTERED: 12/21/2022)

(#3) NOTICE BY MARILYN ORTIZ-RIVERA (VINAL, JEANNE) MODIFIED ON 12/21/2022 (CGJ). (ENTERED: 12/21/2022)

(#2) NOTICE OF APPEARANCE BY LAUREN ELIZABETH MYERS ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (MYERS, LAUREN) (ENTERED: 01/14/2025)

NOTICE REGARDING SERVICE OF #1 COMPLAINT, IN A SOCIAL SECURITY CASE: COMMISSIONER OF SOCIAL SECURITY ANSWER DUE 3/11/2025.PURSUANT TO RULE 3 OF THE SUPPLEMENTAL RULES FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. 405(G), THE CLERK ISSUES THIS NOTICE OF ELECTRONIC FILING TO THE REGIONAL SOCIAL SECURITY ADMINISTRATION'S OFFICE OF GENERAL COUNSEL AND THE UNITED STATES ATTORNEY'S OFFICE FOR THE WESTERN DISTRICT OF NEW YORK. NO SUMMONS WILL ISSUE. (TMK) (ENTERED: 01/10/2025)

(#3) NOTICE OF APPEARANCE BY SERGEI ADEN ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (ADEN, SERGEI) (ENTERED: 07/16/2018)

NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE: A UNITED STATES MAGISTRATE OF THIS COURT IS AVAILABLE TO CONDUCT ALL PROCEEDINGS IN THIS CIVIL ACTION IN ACCORDANCE WITH 28 U.S.C. 636C AND FRCP 73. THE NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE FORM (AO-85) IS AVAILABLE FOR DOWNLOAD AT HTTP://WWW.USCOURTS.GOV/SERVICES-FORMS/FORMS. (KM) (ENTERED: 06/27/2018)

(#3) NOTICE OF APPEARANCE BY JEAN MARIE DEL COLLIANO ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (DEL COLLIANO, JEAN MARIE) (ENTERED: 02/13/2019)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 COPY OF COMPLAINT)(KLH) (ENTERED: 02/11/2019)

(#3) NOTICE OF APPEARANCE BY PADMA GHATAGE ON BEHALF OF COMMISSIONER OF SOCIAL SECURITY (GHATAGE, PADMA) (ENTERED: 10/18/2021)

(#2) SUMMONS ISSUED AS TO COMMISSIONER OF SOCIAL SECURITY, U.S. ATTORNEY AND U.S. ATTORNEY GENERAL. ATTACHED ISSUED SUMMONS AND COMPLAINT SERVED ELECTRONICALLY ON THE DEFENDANT PURSUANT TO WESTERN DISTRICT OF NEW YORK'S LOCAL RULES OF CIVIL PROCEDURE. (ATTACHMENTS: #1 SUMMONS, #2 SUMMONS, #3 COMPLAINT)(SG) (ENTERED: 10/13/2021)