Coakley v. Duchesneau et al
| Andy Coakley |
| Officer Norman Duchesneau and Officer Steven Alers |
| 1:2021cv11378 |
| August 23, 2021 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Mandamus & Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Filing 12 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. At this time, the parties are not required to submit joint or separate proposed schedules. Because the plaintiff is a prisoner, a scheduling order is not required. See Fed. R. Civ. P. 16(b)(1); L.R. 16.2. The Court will issue a discovery schedule once it is determined whether the operative pleading will be the original complaint or an amended complaint. (PSSA, 3) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The motion to amend #10 the complaint is granted insofar as the plaintiff seeks 90 days to file a proposed amended complaint. Because more than 21 days have passed since the defendants filed their answer, the plaintiff cannot amend the original complaint as a matter of right. See Fed. R. Civ. P. 15(a)(1). Thus, the plaintiff may only file an amended complaint if the Court determines that it is in the interest of justice to allow the amendment or the defendants consent in writing to the amendment. See Fed. R. Civ. P. 15(a)(2). Here, because the plaintiff has not filed a proposed amended complaint with his motion to amend, the Court cannot determine whether it is in the interests of justice to allow amendment of the complaint, and the defendants decide whether they will consent to the filing of an amended complaint. Accordingly, if the plaintiff seeks to amend his complaint, he must, within 90 days, file a renewed motion to amend with the proposed amended complaint. The defendants will not be required to respond to the proposed amended complaint until the Court allows the motion to amend or the defendants consent in writing to the amendment. If the plaintiff does not file a renewed motion to amend with a proposed amended complaint within 90 days of the date of this order, the case shall proceed on the original complaint. The Court reminds the plaintiff that an amended complaint will completely replace the original complaint. Thus, whatever portion of the original complaint he wishes to be part of the operative complaint must be included in the proposed amended complaint. (PSSA, 3) |
| Filing 10 MOTION for 90-Day Extension of Time to Amend Complaint by Andy Coakley. (Attachments: #1 Exhibit)(McManus, Caetlin) |
| Filing 9 Letter/request (non-motion) from Andy Coakley re: objection to the Court setting a schedule on the written submission. (Attachments: #1 Exhibit)(McManus, Caetlin) |
| Filing 8 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a joint proposed schedule by 10/1/21 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen) |
| Filing 7 STATE COURT Record All Defendants.. (Attachments: #1 Certificate of Service)(Davis, Katie) |
| Filing 6 ANSWER to Complaint with Jury Demand by Officer Steven Alers, Officer Norman Duchesneau.(Davis, Katie) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (McManus, Caetlin) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 3 NOTICE of Appearance by John J. Cloherty, III on behalf of Officer Steven Alers, Officer Norman Duchesneau (Cloherty, John) |
| Filing 2 NOTICE of Appearance by Katie Cooper Davis on behalf of Officer Steven Alers, Officer Norman Duchesneau (Davis, Katie) |
| Filing 1 NOTICE OF REMOVAL by Officer Steven Alers, Officer Norman Duchesneau ( Filing fee: $ 402, receipt number 0101-8914846 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Category Form)(Davis, Katie) |
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