Lath v. Manchester Police Department et al
Sanjeev Lath |
Al Terry Plumbing and Heating, Inc., Gerard Dufresne, Christos Arthur Klardie, Manchester Police Department, Warren Titus Mills, William Quinn Morey, Betty Mullen, James Anthony Mullen, Oak Brook Condominium Owners' Association, Zenaida Rodriguez, Patty Taylor, Dorothy Vachon, Cheryl Vallee and Perry Vallee |
1:2016cv00534 |
December 15, 2016 |
US District Court for the District of New Hampshire |
Concord Office |
Andrea K. Johnstone |
Landya B. McCafferty |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 416 ORDER re: 391 Motion for Summary Judgment. For the foregoing reasons, the court denies Amica's motion for summary judgment (doc. no. 391) as to liability on Lath's five claims. So Ordered by Chief Judge Landya B. McCafferty.(de) |
Filing 405 ORDER denying without prejudice 391 Motion for Summary Judgment; denying 396 Motion to Strike 392 Memorandum in Support of Motion; denying 404 Motion for Hearing. Amicas motion for summary judgment is denied without prejudice to the extent it seeks to preclude Lath from seeking certain categories of damages. The court holds its ruling on Amicas motion for summary judgment as to liability in abeyance as provided in this order. So Ordered by Chief Judge Landya B. McCafferty.(gla) |
Filing 338 ORDER granting in part and denying in part 332 Motion for Reconsideration re 331 Order; granting 335 Motion for Leave to File. The motion for reconsideration is granted as to Lath's claims against the City and Dufresne, but is denied as to his claims against BMS CAT and Amica. So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 302 ORDER denying 221 Motion for Summary Judgment; denying as moot 253 Motion to Strike; denying as moot 254 Motion to Strike; denying as moot 256 Motion to Strike; denying as moot 265 Motion to Strike. Lath shall have 20 days from the date of this order to show cause why Causes 20 and 23 should not be dismissed for failure to state a claim upon which relief can be granted. So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 293 ORDER denying 234 Motion to Amend 24 Amended Complaint (to add a claim of Defamation against Defendant Gerard Dufresne). So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 201 ///ORDER granting in part and denying in part 183 Motion to Dismiss. So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 149 ///ORDER granting 137 Motion to Dismiss for Failure to State a Claim. The § 1983 claim that Lath asserts against the City in Cause 1 is dismissed. Dismissal, however, is without prejudice to Lath's filing a motion f or leave to amend his FAC, within 20 days of the date of this order, to assert a Monell claim against the City. In asserting such a claim, Lath must clearly identify (1) the alleged unconstitutional conduct of the [City]'s employees; and (2) how the employees' conduct was the result of a policy or custom of the [City]. If Lath does not file a motion for leave to amend within 20 days of the date of this order, or if he files such a motion but fails to adequately state a Monell claim, the court will dismiss Cause 1 with prejudice. So Ordered by Judge Landya B. McCafferty.(de) Modified on 10/20/2017 to add: /// (de). |
Filing 134 ///ORDER granting 101 Motion for Summary Judgment. Vachon is dismissed from the case. So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 129 ORDER denying 50 Motion for Default Judgment; granting in part and denying in part 116 Motion to Dismiss. Dufresnes motion to set aside his default is granted to the extent that his default is set aside, but is denied to the extent that he seeks dismissal of the claims against him. That denial is without prejudice to Dufresnes filing a proper motion to dismiss Causes 17 and 19, pursuant to Rule 12(b)(6). So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 105 ///ORDER granting 95 Motion to Dismiss. Bouffords motion to dismiss is granted, and he is dismissed from the case. So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 88 ORDER denying without prejudice 77 Motion for Leave to File Supplemental Complaint. Plaintiffs motion for leave to file a first supplemental complaint, document no. 77, is denied, but without prejudice to Laths filing a Rule 15(d) motion in 16-cv-463-LM So Ordered by Judge Landya B. McCafferty.(gla) |
Filing 74 ///ORDER granting 27 Motion to Dismiss; granting in part 33 Motion to Dismiss for Failure to State a Claim. This case now consists of Causes 1-3, any claims asserted in Causes 4-14 against Dufresne and Boufford, Cause 17 as to Vachon, any claims asserted in Causes 15-19 against any defendant other than Mullen, Cox, and the nine defendants, and Causes 20-27. Because none of the causes of action remaining in this case assert claims against the Association, Cheryl Vallee, Perry Vallee, Taylor, Klardie, Mullen, Rodriguez, Mills, Cox, or Morey, those defendants are all dismissed from this case. So Ordered by Judge Landya B. McCafferty.(gla) |
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