Gidley v. Oliveri et al
Plaintiff: Glenn Gidley
Defendant: Anthony Oliveri and Juan Valerio
Case Number: 1:2007cv00031
Filed: February 2, 2007
Court: US District Court for the District of New Hampshire
Office: Concord Office
County: Rockingham
Presiding Judge: Joseph N Laplante
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on June 18, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2012 File located at National Archives and Records Administration (NARA), Waltham, MA. ARCIS Transfer # PT-021-2012-0480, Box No. 5.(lml)
November 20, 2009 Filing 36 MANDATE of USCA as to #31 Notice of Appeal, filed by Glenn Gidley. It is ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b).( Appeal Record follow-up for return of record from USCA by 12/23/2009.) (cmp)
November 20, 2009 Filing 35 USCA JUDGMENT as to #31 Notice of Appeal, filed by Glenn Gidley. It is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b). (cmp)
September 1, 2009 Filing 34 TRANSCRIPT of Proceedings for Motion Hearing held on June 10, 2009. Court Reporter: Diane Churas, Telephone # 603-225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 9/25/2009. Redacted Transcript Follow Up 10/5/2009. Release of Transcript Restriction set for 11/30/2009. (dae)
August 12, 2009 Appellate Case Number: First Circuit Court of Appeals, Boston 09-2069 re #31 Notice of Appeal, filed by Glenn Gidley. (cmp)
August 4, 2009 Filing 33 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 29-33, re #31 Notice of Appeal,. A copy of the Notice of Appeal mailed to all parties this date. (cmp)
August 4, 2009 Filing 32 Appeal Cover Sheet as to #31 Notice of Appeal, filed by Glenn Gidley (cmp)
July 29, 2009 Filing 31 NOTICE OF APPEAL as to #30 Judgment, #29 Order on Motion for Summary Judgment,,, by Glenn Gidley.( Filing fee $ 455, receipt number 01020000000000535730.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.] Designation of Exhibits Deadline set for 8/31/2009. (Aylesworth, Thomas)
June 29, 2009 Filing 30 JUDGMENT is hereby entered in accordance with #29 Order on Motion for Summary Judgment. Signed by Chief Deputy Clerk Daniel J. Lynch. (Case Closed) (cmp)
June 25, 2009 Opinion or Order Filing 29 ///ORDER granting #12 Motion for Summary Judgment filed by Anthony Oliveri, Juan Valerio; denying #14 Cross Motion for Summary Judgment filed by Glenn Gidley. All other pending motions are denied as moot. The clerk is instructed to enter judgment for the defendants and close the case. So Ordered by Judge Joseph N. Laplante. (jb)
June 10, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 6/10/2009 re #14 Cross MOTION for Summary Judgment, #12 MOTION for Summary Judgment. Written Order to issue. (Court Reporter: Diane M. Churas) (Pltfs Atty: Eric Shor, Tom Aylesworth) (Defts Atty: Catherine Costanzo)(Total Hearing Time: 1hr 15 mins) (cmp)
June 3, 2009 Opinion or Order ENDORSED ORDER granting #28 Motion to Continue Deadline to File Pre-Trial Statements. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
June 1, 2009 Filing 28 Joint Assented to MOTION to Continue Deadline to File Pre-Trial Statements filed by Glenn Gidley. Follow up on Objection on 6/18/2009. (Shor, Eric)
June 1, 2009 Filing 27 NOTICE of Filing Declaration of Keeper of the Records by Glenn Gidley. (Attachments: #1 Exhibit A)(Shor, Eric)
May 22, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 5/22/2009. (Pltfs Atty: Tom Aylesworth) (Defts Atty: Catherine Costanzo)(Total Hearing Time: 15 min) (cmp)
May 22, 2009 NOTICE of Hearing. Telephone Conference set for 5/22/2009 10:30 AM before Judge Joseph N. Laplante. The court will initiate the call. (cmp)
May 22, 2009 Opinion or Order ENDORSED ORDER denying #26 Motion to Continue Trial. Text of Order: Denied as withdrawn by agreement based on the May 22 conference call between the court and counsel. So Ordered by Judge Joseph N. Laplante. (cmp)
May 21, 2009 Filing 26 Joint Assented to MOTION to Continue Trial filed by Glenn Gidley. (Shor, Eric)
May 18, 2009 NOTICE re: #12 MOTION for Summary Judgment and #14 Cross MOTION for Summary Judgment Motions Hearing set for 6/10/2009 02:00 PM before Judge Joseph N. Laplante. (dae)
May 13, 2009 Opinion or Order ENDORSED ORDER Text of Order: The court has just submitted another matter to a jury for deliberation, and is today undertaking active consideration of the parties' motions for summary judgment. If either party desires oral argument on the motions, counsel should contact the Deputy Clerk and request a hearing, which will be held in late May or early June. Signed by Judge Joseph N. Laplante. (Laplante, Joseph)
April 27, 2009 Opinion or Order ENDORSED ORDER granting #18 Motion to Strike Exhibit 5 of #15 Plaintiff's Memorandum in Opposition to #12 Motion for Summary Judgment. Text of Order: Motion to strike is granted, without prejudice to being resubmitted with proper authentication as required under Rule 56(e). Exhibit 5 is likely admissible hearsay for trial purposes, and is potentially relevant. The second sentence of Rule 56(e), however, unambiguously requires authentication, despite the argument advanced in the last full paragraph of the plaintiff's opposition of the motion to strike. So Ordered by Judge Joseph N. Laplante. (jb)
April 17, 2009 Filing 25 MEMORANDUM in Opposition re #14 Cross MOTION for Summary Judgment filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
April 17, 2009 Filing 24 REPLY to Objection to Motion re #18 MOTION to Strike filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
April 15, 2009 Opinion or Order ENDORSED ORDER granting #23 Motion for Oral Argument. Text of Order: Granted. The court holds oral argument on all dispositive motions as a matter of course. When the court undertakes active consideration of the motion and cross motion, the clerk will schedule a hearing. So Ordered by Judge Joseph N. Laplante. (jb)
April 15, 2009 Filing 23 Joint Assented to MOTION Oral Argument filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
April 14, 2009 Opinion or Order ENDORSED ORDER granting #22 Motion to Extend Time to Object/Respond to #14 Motion for Summary Judgment to 4/17/09. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 4/17/2009. (jb)
April 13, 2009 Filing 22 Assented to MOTION to Extend Time to Object/Respond to #14 Cross MOTION for Summary Judgment to 04/17/09 filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
April 13, 2009 Filing 21 MEMORANDUM in Opposition re #18 MOTION to Strike filed by Glenn Gidley. (Shor, Eric)
April 7, 2009 Opinion or Order ENDORSED ORDER granting #17 Motion for Leave to File Cross-Motion for Partial Summary Judgment. Text of Order: Granted pursuant to Local Rule 7.1(b), as there is no objection. So Ordered by Judge Joseph N. Laplante. (jb)
April 2, 2009 Filing 20 SURREPLY to Reply to #12 MOTION for Summary Judgment filed by Glenn Gidley. (Shor, Eric)
March 27, 2009 Filing 19 REPLY to Objection to Motion re #12 MOTION for Summary Judgment filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
March 26, 2009 Filing 18 MOTION to Strike Exhibit 4 of Plaintiffs Memorandum in Support of Opposition to Motion to Summary Judgment filed by Anthony Oliveri, Juan Valerio. Follow up on Objection on 4/13/2009. (Costanzo, Catherine) Modified on 3/30/2009 to add: Exhibit 4...(cmp).
March 20, 2009 Filing 17 MOTION for Leave to File Cross-Motion for Partial Summary Judgment filed by Glenn Gidley. Follow up on Objection on 4/6/2009. (Aylesworth, Thomas)
March 17, 2009 Opinion or Order ENDORSED ORDER #16 Notice of Intent to Reply to #12 Motion for Summary Judgment. Text of Order: In response to the notice of intent to reply provided March 16 by the defendants, the court will accept the reply no later than March 26, and grants leave for (but does not require) a surreply, which must be filed no later than April 2. The parties and counsel should not assume that this expedited schedule will necessarily result in a speedier resolution of the motion for summary judgment. So ordered. Signed by Judge Joseph N. Laplante. (jb)
March 16, 2009 Filing 16 Notice of Intent to Reply to Objection to #12 MOTION for Summary Judgment. Follow up on Reply on 4/2/2009. (Costanzo, Catherine)
March 16, 2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE STATUS CONFERENCE held on 3/16/2009. (Pltfs Atty: Thomas Aylesworth, Esq. Eric Shor, Esq.) (Defts Atty: Catherine Costanzo, Esq.)(Total Hearing Time: 15 min) (cmp)
March 12, 2009 Filing 15 MEMORANDUM in Opposition re #12 MOTION for Summary Judgment filed by Glenn Gidley. (Attachments: #1 Exhibit Ex. 1 - LeClair Dep., #2 Exhibit Ex. 2 - A. Oliveri Dep., #3 Exhibit Ex. 3 - Statement of Claimant, #4 Exhibit Ex. 4 - NH Sec. of State Fax, #5 Exhibit Ltr. from NH Sec. of St.,STRICKEN PER 4/27/09 ORDER. #6 Exhibit Ex. 6 - Gidley Dep., #7 Exhibit Ex. 7 - Gidley Incident Note, #8 Exhibit Ex. 8 - Blaszka Dep., #9 Exhibit Ex. 9 - Warrant Aff., #10 Exhibit Ex. 10 - Valerio Dep., #11 Exhibit Ex. 11 - Media Log, #12 Exhibit Ex. 12 - Police Blotter)(Shor, Eric) (Additional attachment(s) added on 3/16/2009: #13 Text Searchable version of objection) (cmp). Modified on 4/28/2009 to add: EXH. 5 STRICKEN PER 4/27/09 ORDER(cmp).
March 12, 2009 Filing 14 Cross MOTION for Summary Judgment filed by Glenn Gidley. (Shor, Eric)
March 11, 2009 NOTICE of Hearing. Telephone Status Conference per request set for 3/16/2009 at 11:00 AM before Judge Joseph N. Laplante. The court will initiate the call. (cmp)
March 9, 2009 Filing 13 Assented to MOTION to Continue Deadline to Oppose Summary Judgment filed by Glenn Gidley. Follow up on Objection on 3/26/2009. (Shor, Eric)
March 9, 2009 Opinion or Order ENDORSED ORDER granting #13 Motion to Continue Deadline to Oppose Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb)
February 5, 2009 Filing 12 MOTION for Summary Judgment filed by Anthony Oliveri, Juan Valerio. Follow up on Objection on 3/10/2009. (Attachments: #1 Memorandum of Law, #2 Exhibit Oliveri Aff, #3 Exhibit Leclair Dep., #4 Exhibit Oliveri Dep., #5 Exhibit Patten Dep., #6 Exhibit Dacey Dep., #7 Exhibit Blaszka Dep., #8 Exhibit Oliveri Int. Answers, #9 Exhibit Sun Ho Restaurant Case File, #10 Exhibit Gidley Dep., #11 Exhibit Valerio Dep.)(Costanzo, Catherine)
February 4, 2009 TRIAL NOTICE RESCHEDULED: LR 16.2(d) Objections due 6/17/09. Jury Trial reset for two-week period beginning 7/7/2009 09:30 AM (from 6/2/09) before Judge Joseph N. Laplante. Final Pretrial Conference reset for 6/24/2009 11:00 AM (from 5/21/09)before Judge Joseph N. Laplante. Pretrial Statements due 6/3/2009. (cmp)
February 3, 2009 Opinion or Order ENDORSED ORDER granting #11 Motion to Extend Time to File Motion for Summary Judgment. Text of Order: Granted. Further, trial is continued until a date at least 120 days from the new summary judgment deadline. So Ordered by Judge Joseph N. Laplante. Summary Judgment Motions due by 2/4/2009. (jb)
February 2, 2009 Filing 11 Assented to MOTION to Extend Time to File Motion for Summary Judgment filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
August 11, 2008 TRIAL NOTICE: TRIAL RESCHEDULED. LR 16.2(d) Objections due 5/14/09. Jury Trial Reset for two-week period beginning 6/2/2009 09:30 AM (FROM 10/21/08) before Judge Joseph N. Laplante. Final Pretrial Conference reset for 5/21/2009 10:00 AM (from 10/07/08) before Judge Joseph N. Laplante. Pretrial Statements due 4/30/2009. (cmp)
August 11, 2008 Set Deadline: Summary Judgment Motions due by 2/2/2009. (cmp)
July 30, 2008 Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 7/30/2008. (Pltfs Atty: Thomas W. Aylesworth, Esq.) (Defts Atty: Catherine M. Constanzo, Esq.)(Total Hearing Time: 25 min) (cmp)
July 18, 2008 NOTICE of Hearing. In Chambers Status Conference set for 7/30/2008 10:00 AM before Judge Joseph N. Laplante. (cmp)
July 17, 2008 Opinion or Order ENDORSED ORDER granting #10 Motion to Extend Time for Discovery Deadlines and Request for Status Conference. Text of Order: Granted. The clerk shall schedule the requested status conference, to be held in chambers without a record, unless a party requests a record. So Ordered by Judge Joseph N. Laplante. (jb)
July 14, 2008 Filing 10 Assented to MOTION to Extend Time filed by Glenn Gidley. (Attachments: #1 Exhibit)(Shor, Eric)
May 1, 2008 Opinion or Order ENDORSED ORDER granting #9 Motion to Continue and Extend Deadlines. So Ordered by Judge Joseph N. Laplante. (jb)
April 30, 2008 Filing 9 Assented to MOTION to Continue and Extend Deadlines Discovery and Expert Disclosure Deadlines filed by Anthony Oliveri, Juan Valerio. (Attachments: #1 Exhibit A - Second Revised Discovery Plan)(Costanzo, Catherine)
March 5, 2008 Opinion or Order ORDER granting #8 Motion to Extend Time to Conduct Discovery. The clerk will make note of the schedule changes set forth on Exhibit A to the motion. So Ordered by Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 8/29/2008. (cmp) Modified on 3/5/2008 to add:The clerk will make note of the schedule changes set forth on Exhibit A to the motion. (cmp).
March 5, 2008 TRIAL NOTICE: TRIAL RESCHEDULED. LR 16.2(d) Objections due 9/30/08. Pretrial Statements due 9/16/2008. Final Pretrial Conference reset for 10/7/2008 01:30 PM (from 7/10/08) before Judge Joseph N. Laplante. Jury Trial reset for two-week period beginning 10/21/2008 09:30 AM (from 07/22/08) before Judge Joseph N. Laplante. (cmp)
February 29, 2008 Filing 8 Assented to MOTION to Extend Time to Conduct Discovery filed by Glenn Gidley. (Attachments: #1 Exhibit Proposed Revised Discovery Plan)(Shor, Eric)
February 27, 2008 TRIAL NOTICE: TRIAL RESCHEDULED. LR 16.2(d) Objections due 7/3/08. Pretrial Statements due 6/20/2008. Final Pretrial Conference reset for 7/10/2008 02:30 PM (from 6/27/08) before Judge Joseph N. Laplante. Jury Trial reset for two-week period beginning 7/22/2008 09:30 AM (from 7/8/08) before Judge Joseph N. Laplante. (cmp)
January 31, 2008 Opinion or Order ENDORSED ORDER granting #7 Motion to Extend Time to Disclose Experts. Text of Order: Granted. So Ordered by Judge James R. Muirhead. (sls)
January 29, 2008 Filing 7 Assented to MOTION to Extend Time to Disclose Experts filed by Glenn Gidley. (Shor, Eric)
January 17, 2008 TRIAL NOTICE - RESCHEDULED before Judge Laplante: LR 16.2(d) Objections due 6/20/08. Jury Trial set for two-week period beginning 7/8/2008 09:30 AM before Judge Joseph N. Laplante. Final Pretrial Conference set for 6/27/2008 02:30 PM (time change) before Judge Joseph N. Laplante. Pretrial Statements due 6/6/2008. (dae)
January 8, 2008 Case reassigned to Judge Joseph N. Laplante. Reason for Reassignment: Case reassigned pursuant to Standing Order dated 1/7/2008. The new case designation is: 07-cv-31-JL. Please show this number with the correct judge designation on all further pleadings. (jgb)
July 6, 2007 Opinion or Order ENDORSED ORDER granting #6 Motion for Eric N. Shor to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Attorney Shor submits an ECF registration form within 10 days. So Ordered by Judge Justo Arenas.Notice of Compliance Deadline set for 7/23/2007. (jab)
July 5, 2007 Filing 6 Assented to MOTION for Eric N. Shor to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 315551.) filed by Glenn Gidley. (Attachments: #1 Affidavit)(Aylesworth, Thomas)
June 26, 2007 Opinion or Order ENDORSED ORDER approving #5 Discovery Plan. Length of Trial 5 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order. Trial: 7/8/08. So Ordered by Judge Steven J. McAuliffe.Ready for Trial on 7/8/2008. Summary Judgment Motions due by 5/30/2008. Dispositive Motion Filing Deadline 10/1/2007. Discovery deadline 4/30/2008. Mediation Follow Up on 9/14/2007. (jab)
June 26, 2007 TRIAL NOTICE: Jury Trial set for two-week period beginning 7/8/2008 09:30 AM before Chief Judge Steven J. McAuliffe. Final Pretrial Conference set for 6/27/2008 09:30 AM before Chief Judge Steven J. McAuliffe. Pretrial Statements due 6/9/2008. LR 16.2(d) Objections due 6/23/08. (jab)
June 19, 2007 Filing 5 Proposed Discovery Plan filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
May 15, 2007 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/28/2007 11:30 AM before Chief Judge Steven J. McAuliffe. Follow up on Discovery Plan 6/21/2007. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to Magistrate Judge Muirhead but are free to withhold consent without adverse consequences.(jab, )
May 14, 2007 Filing 4 ANSWER to Complaint with jury demand filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
April 9, 2007 Opinion or Order ENDORSED ORDER granting #3 Motion to Extend Time to Answer. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Answer due by 5/14/2007. (jab, )
April 6, 2007 Filing 3 Assented to MOTION to Extend Time to Answer to May 13, 2007 filed by Anthony Oliveri, Juan Valerio. (Costanzo, Catherine)
February 6, 2007 Filing 2 Waivers Issued Electronically as to Anthony Oliveri, Juan Valerio. NOTICE: Counsel shall print and serve both the waivers and all attachments in accordance with Fed.R.Civ.P.4. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing.
February 2, 2007 Filing 1 COMPLAINT against Anthony Oliveri, Juan Valerio with Jury Demand ( Filing fee $ 350 receipt number 273925) filed by Glenn Gidley.(jeb, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New Hampshire District Court's Electronic Court Filings (ECF) System

Search for this case: Gidley v. Oliveri et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Glenn Gidley
Represented By: Eric N. Shor
Represented By: Thomas W. Aylesworth
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Anthony Oliveri
Represented By: Catherine M. Costanzo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Juan Valerio
Represented By: Catherine M. Costanzo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?