Benson v. New Haven Police Department et al
||New Haven Police Department, Dean Esserman, Brendon Borer and Michael Haines
||July 8, 2016
||US District Court for the District of Connecticut
||New Haven Office
||Jeffrey A. Meyer
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|December 29, 2016
INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C. § 1915A. For the reasons set forth in the attached ruling, the Court enters the following orders:(1) Plaintiff's claims against defendants Borer and Haines under the First Amendment and Fourth Amendment shall proceed. Plaintiff's claims against the New Haven Police Department and Esserman are DISMISSED.(2) Within twenty-one (21) days of this Order, the Clerk shall mail waiver of service of process request packets to Officer Brendon Borer and Officer Michael Haines in their individual capacities at the New Haven Police Department, 1 Union Avenue, New Haven, CT 06519. On the thirty-fifth (35th) day after mailing, the Clerk shall report to the Court on the status of all t he requests. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service and the defendant shall be required to pay the costs of such service in accordance with Federal Rul e of Civil Procedure 4(d).(3) Defendants Borer and Haines shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If the defendants choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules.(4) Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed within six months (180 days) from the date of this order. Discovery requests need not be filed with the Court.(5) All motions for summary judgment sh all be filed within seven months (210 days) from the date of this order. (6) If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that plaintiff MUST notify the Court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter withou t indicating that it is a new address. If plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. Plaintiff should also notify defendants or the attorney for defendants of his new address.It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/29/2016. (Gruber, Sarah)
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