Hayes v. Town of Dalton et al
Plaintiff: Patricia Hayes, As Executor of the Estate of Sherilyn Hayes and Nurse Patricia Hayes
Defendant: Peru Police Officer Kyle Nutting, in his Individual and Official Capacities, Dalton Chief of Police Jeffrey E Coe, in his Individual and Official Capacities, Town of Peru, Dispatcher Frank M Speth, III., in his Individual and Official Capacities, Dalton Police Officer Dylan Bencivenga, in his Individual and Official Capacities, Town of Dalton, Dalton Police Officer John Marley, in his Individual and Official Capacities, John Marley, Frank M Speth, III, Jeffrey E Coe, Kyle Nutting and Dylan Bencivenga
Case Number: 3:2021cv30055
Filed: May 7, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: Katherine A Robertson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2021 Filing 29 Set/Reset Deadlines: Kyle Nutting's Answer or Other Responsive Pleading due 8/2/2021. (Finn, Mary)
June 30, 2021 Filing 28 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Defendant Kyle Nutting's Assented to #27 Motion for Extension of Time to 8/2/2021 to file an Answer or Other Responsive Pleading. (Finn, Mary)
June 30, 2021 Filing 27 Assented to MOTION for Extension of Time to August 2, 2021 to File Answer or Other Responsive Pleading by Kyle Nutting.(Minoff, Keith)
June 29, 2021 Filing 26 NOTICE of Appearance by John J. Davis on behalf of Kyle Nutting (Davis, John)
June 29, 2021 Filing 25 NOTICE of Appearance by Keith A. Minoff on behalf of Kyle Nutting (Minoff, Keith)
June 24, 2021 Filing 24 ANSWER to #1 Complaint, with Jury Demand by Jeffrey E Coe.(Mayo, Courtney)
June 23, 2021 Filing 23 NOTICE of Appearance by Courtney E. Mayo on behalf of Jeffrey E Coe (Mayo, Courtney)
June 22, 2021 Filing 22 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alexandra Milan Gill on behalf of John Marley filed by on behalf of John Marley. (Gill, Alexandra)
June 22, 2021 Filing 21 MEMORANDUM in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Marley. (Attachments: #1 Exhibit)(Gill, Alexandra)
June 22, 2021 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Marley.(Gill, Alexandra)
June 16, 2021 Filing 19 ANSWER to #1 Complaint, with Jury Demand by Dylan Bencivenga, Frank M Speth, III, Town of Dalton.(Pelletier, Nancy)
June 9, 2021 Filing 18 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Deft. Marley's Assented to #17 Motion for Extension of Time to Answer /File a Responsive to the #1 Complaint, John Marley answer/responsive pleading due 6/23/2021. (Finn, Mary)
June 9, 2021 Filing 17 Assented to MOTION for Extension of Time to June 23, 2021 to File Response/Reply as to #1 Complaint, by John Marley.(Gill, Alexandra) Modified on 6/9/2021 to change the relief type of the motion to MOTION to Extend time to file an answer. (Finn, Mary).
June 8, 2021 Filing 16 SUMMONS Returned Executed Kyle Nutting served on 6/2/2021, answer due 6/23/2021. (Burke, Timothy)
June 3, 2021 Filing 15 WAIVER OF SERVICE Returned Executed by Patricia Hayes. Town of Peru waiver sent on 6/2/2021, answer due 8/2/2021. (Burke, Timothy)
June 3, 2021 Filing 14 NOTICE of Appearance by John J. Davis on behalf of Town of Peru (Davis, John)
May 27, 2021 Filing 13 ACKNOWLEDGMENT OF SERVICE Executed by Patricia Hayes. Jeffrey E Coe served on 5/27/2021, answer due 6/17/2021. Acknowledgment filed by Patricia Hayes. (Burke, Timothy)
May 26, 2021 Filing 12 ACKNOWLEDGMENT OF SERVICE Executed by Patricia Hayes. Frank M Speth, III served on 5/26/2021, answer due 6/16/2021. Acknowledgment filed by Patricia Hayes. (Burke, Timothy)
May 26, 2021 Filing 11 ACKNOWLEDGMENT OF SERVICE Executed by Patricia Hayes. Dylan Bencivenga served on 5/26/2021, answer due 6/16/2021. Acknowledgment filed by Patricia Hayes. (Burke, Timothy)
May 26, 2021 Filing 10 ACKNOWLEDGMENT OF SERVICE Executed by Patricia Hayes. Town of Dalton served on 5/26/2021, answer due 6/16/2021. Acknowledgment filed by Patricia Hayes. (Burke, Timothy)
May 21, 2021 Filing 9 NOTICE of Appearance by David S. Lawless on behalf of Dylan Bencivenga, Frank M Speth, III, Town of Dalton (Lawless, David)
May 21, 2021 Filing 8 NOTICE of Appearance by Nancy Frankel Pelletier on behalf of Dylan Bencivenga, Frank M Speth, III, Town of Dalton (Pelletier, Nancy)
May 19, 2021 Filing 7 ACKNOWLEDGMENT OF SERVICE Executed by Patricia Hayes. John Marley served on 5/19/2021, answer due 6/9/2021. Acknowledgment filed by Patricia Hayes. (Burke, Timothy)
May 19, 2021 Filing 6 NOTICE of Appearance by Alexandra Milan Gill on behalf of John Marley (Gill, Alexandra)
May 19, 2021 Filing 5 NOTICE of Appearance by Douglas I. Louison on behalf of John Marley (Louison, Douglas)
May 11, 2021 Filing 4 Summons Issued as to Dylan Bencivenga, Jeffrey E Coe, John Marley, Kyle Nutting, Frank M Speth, III, Town of Dalton, Town of Peru. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice)
May 11, 2021 Filing 3 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Lindsay, Maurice)
May 7, 2021 Filing 2 NOTICE of Appearance by Jared S. Burke on behalf of Patricia Hayes, As Executor of the Estate of Sherilyn Hayes (Burke, Jared)
May 7, 2021 Filing 1 COMPLAINT and Jury Demand against All Defendants Filing fee: $ 402, receipt number 0101-8764330 (Fee Status: Filing Fee paid), filed by Patricia Hayes, As Executor of the Estate of Sherilyn Hayes. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Supplement Category Form)(Burke, Timothy)

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Defendant: Peru Police Officer Kyle Nutting, in his Individual and Official Capacities
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Defendant: Dalton Chief of Police Jeffrey E Coe, in his Individual and Official Capacities
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Defendant: Town of Peru
Represented By: John J. Davis
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Defendant: Dispatcher Frank M Speth, III., in his Individual and Official Capacities
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Defendant: Dalton Police Officer Dylan Bencivenga, in his Individual and Official Capacities
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Defendant: Town of Dalton
Represented By: Nancy Frankel Pelletier
Represented By: David S. Lawless
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Defendant: Dalton Police Officer John Marley, in his Individual and Official Capacities
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Defendant: John Marley
Represented By: Alexandra Milan Gill
Represented By: Douglas I. Louison
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Defendant: Frank M Speth, III
Represented By: Nancy Frankel Pelletier
Represented By: David S. Lawless
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Defendant: Jeffrey E Coe
Represented By: Courtney E. Mayo
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Defendant: Kyle Nutting
Represented By: John J. Davis
Represented By: Keith A. Minoff
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Defendant: Dylan Bencivenga
Represented By: Nancy Frankel Pelletier
Represented By: David S. Lawless
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Plaintiff: Patricia Hayes, As Executor of the Estate of Sherilyn Hayes
Represented By: Timothy M. Burke
Represented By: Jared S. Burke
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Plaintiff: Nurse Patricia Hayes
Represented By: Timothy M. Burke
Represented By: Jared S. Burke
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