Hart v. Ly et al
Plaintiff: Kenneth Hart
Defendant: Mark Cotterell, Nguyen Ly, John Doe, Drey Muschette, Jeff Atwood, Jeffrey Meyers, In-Oh Lee, New Hampshire Hospital, Attorney General, Administrative Review Committee, State of New Hampshire, US Social Security Administration, NH, State of, NH Hospital, NH Attorney General and NH Department of Health and Human Services, Commissioner
Case Number: 1:2019cv01117
Filed: October 29, 2019
Court: US District Court for the District of New Hampshire
Presiding Judge: Steven J McAuliffe
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2019 Filing 17 MOTION to Extend Time to Object/Respond to #16 Amended MOTION to Dismiss to 1/10/2020 filed by Kenneth Hart. Follow up on Objection on 1/2/2020. (lw)
December 17, 2019 Opinion or Order ENDORSED ORDER denying without prejudice #10 Motion for NH Hospital to Deliver My Mental Records. Text of Order: Denied without prejudice to renewing the motion after pending dispositive motions are resolved and the need for specific discovery is assessed. So Ordered by Judge Steven J. McAuliffe.(lw)
December 17, 2019 Opinion or Order ENDORSED ORDER denying #11 Motion for to Suspend All Procedural Rules. Text of Order: Denied; procedural rules apply to pro se litigants as they do to litigants represented by legal counsel. So Ordered by Judge Steven J. McAuliffe.(lw)
December 17, 2019 Opinion or Order ENDORSED ORDER denying without prejudice #12 Motion for Order to Attend Libraries in Concord and Printer. Text of Order: Denied without prejudice. Nothing in this record suggests that plaintiff's access to public libraries and copying service businesses is somehow impeded for any reason unsupported by applicable law. So Ordered by Judge Steven J. McAuliffe.(lw)
December 6, 2019 Filing 16 AMENDED MOTION to Dismiss filed by Administrative Review Committee, Jeff Atwood, Mark Cotterell, NH Department of Health and Human Services, Commissioner, NH Hospital, NH, State of.Follow up on Objection on 12/20/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Garland, Samuel)
December 6, 2019 Filing 15 AMENDED NOTICE of Attorney Appearance by Samuel R.V. Garland on behalf of Administrative Review Committee, Jeff Atwood, Mark Cotterell, NH Department of Health and Human Services, Commissioner, NH Hospital, NH, State of AMENDED (Garland, Samuel) Modified on 12/6/2019 to add: amended text (lw).
December 5, 2019 Filing 14 AMENDED - See doc. no. 16. MOTION to Dismiss for Failure to State a Claim and for Lack of Subject-Matter Jurisdiction filed by Administrative Review Committee, Jeff Atwood, Mark Cotterell, In-Oh Lee, NH Department of Health and Human Services, Commissioner, NH Hospital, NH, State of.Follow up on Objection on 12/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Garland, Samuel) Modified on 12/6/2019 to add: amended text (lw).
December 5, 2019 Filing 13 NOTICE of Attorney Appearance by Samuel R.V. Garland on behalf of Administrative Review Committee, Jeff Atwood, Mark Cotterell, In-Oh Lee, NH Department of Health and Human Services, Commissioner, NH Hospital, NH, State of Attorney Samuel R.V. Garland added to party Administrative Review Committee(pty:dft), Attorney Samuel R.V. Garland added to party Jeff Atwood(pty:dft), Attorney Samuel R.V. Garland added to party Mark Cotterell(pty:dft), Attorney Samuel R.V. Garland added to party In-Oh Lee(pty:dft), Attorney Samuel R.V. Garland added to party NH Department of Health and Human Services, Commissioner(pty:dft), Attorney Samuel R.V. Garland added to party NH Hospital(pty:dft), Attorney Samuel R.V. Garland added to party NH, State of(pty:dft).(Garland, Samuel)
December 4, 2019 Opinion or Order ///ENDORSED ORDER granting #6 Motion to Dismiss. Text of Order: Granted, for the reasons given in the motion to dismiss. So Ordered by Judge Steven J. McAuliffe. (lw)
November 27, 2019 Filing 12 MOTION for Order to Attend Libraries in Concord and Printer filed by Kenneth Hart. Served on 11/29/2019.Follow up on Objection on 12/11/2019. (lw)
November 27, 2019 Filing 11 MOTION to Suspend All Procedural Rules filed by Kenneth Hart. Served on 11/29/2019.Follow up on Objection on 12/11/2019. (lw)
November 27, 2019 Filing 10 MOTION NH Hospital to Deliver My Mental Records filed by Kenneth Hart. Served on 11/29/2019.Follow up on Objection on 12/11/2019. (lw)
November 27, 2019 Filing 9 NOTICE of Change of Address by Kenneth Hart.(lw)
November 26, 2019 Opinion or Order ///ENDORSED ORDER granting #2 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted for the reasons given in the government's memorandum in support of its motion to dismiss. So Ordered by Judge Steven J. McAuliffe.(lw)
November 14, 2019 Opinion or Order ENDORSED ORDER granting #7 Motion to Extend Time to Answer re: #1 Notice of Removal - New Case. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Steven J. McAuliffe. Answer Follow Up on 12/5/2019. (lw)
November 12, 2019 Filing 8 Certified Copies of State Court Record. State Court Case No. 217-2019-CV-00465, Merrimack County Superior Court (Attachments: #1 State Court Record Part 2)(McCormack, Michael)
November 12, 2019 Filing 7 MOTION to Extend Time to Answer to December 5, 2019 filed by NH Attorney General.Follow up on Objection on 11/26/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - AGO's Motion to Extend - Superior Court, #2 Exhibit B - Plaintiff's Objection_Response to Defendant's Motion to Extend, #3 Exhibit C - Superior Court Clerk Notice)(Garland, Samuel)
November 7, 2019 Filing 6 MOTION to Dismiss filed by Nguyen Ly. Follow up on Objection on 11/21/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Huyett, Ian)
November 7, 2019 Filing 5 NOTICE of Attorney Appearance by Ian Burton Huyett on behalf of Nguyen Ly Attorney Ian Burton Huyett added to party Nguyen Ly(pty:dft).(Huyett, Ian)
November 6, 2019 Case reassigned to Judge Steven J. McAuliffe. The new case designation is: 19-cv-1117-SM. Please show this number with the correct judge designation on all further pleadings.(de)
November 6, 2019 Opinion or Order Filing 4 ORDER OF RECUSAL. Chief Judge Landya B. McCafferty recused. So Ordered by Chief Judge Landya B. McCafferty.(de)
November 5, 2019 Filing 3 NOTICE of Attorney Appearance by Samuel R.V. Garland on behalf of NH Attorney General Attorney Samuel R.V. Garland added to party NH Attorney General(pty:dft).(Garland, Samuel)
November 1, 2019 Filing 2 MOTION to Dismiss for Failure to State a Claim filed by US Social Security Administration. Follow up on Objection on 11/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - Guardianship, #2 Exhibit B - Committment Order, #3 Exhibit C - SSI Application - redacted, #4 Exhibit D - Initial Approval - redacted, #5 Exhibit E - Award Notice - redacted, #6 Memorandum of Law)(McCormack, Michael)
October 30, 2019 NOTICE. 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. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (mc)
October 29, 2019 Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:19-cv-1117-LM. Please show this number with the judge designation on all future pleadings. (mc)
October 29, 2019 Filing 1 NOTICE OF REMOVAL from Merrimack Superior Court, case number 217-2019-CV-00465 (No fee paid, USA or IFP.) filed by US Social Security Administration. Answer Follow Up on 11/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 11/12/2019. (Attachments: #1 Exhibit A - State Court Complaint and Summons, #2 Notice of Filing of Notice of Removal, #3 Letter to State Court Clerk, #4 Civil Cover Sheet)(McCormack, Michael)

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Defendant: Mark Cotterell
Represented By: Samuel R.V. Garland
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Defendant: Nguyen Ly
Represented By: Ian Burton Huyett
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Defendant: John Doe
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Defendant: Drey Muschette
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Defendant: Jeff Atwood
Represented By: Samuel R.V. Garland
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Defendant: Jeffrey Meyers
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Defendant: In-Oh Lee
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Defendant: New Hampshire Hospital
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Defendant: Attorney General
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Defendant: Administrative Review Committee
Represented By: Samuel R.V. Garland
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Defendant: State of New Hampshire
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Defendant: US Social Security Administration
Represented By: Michael T. McCormack
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Defendant: NH, State of
Represented By: Samuel R.V. Garland
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Defendant: NH Hospital
Represented By: Samuel R.V. Garland
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Defendant: NH Attorney General
Represented By: Samuel R.V. Garland
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Defendant: NH Department of Health and Human Services, Commissioner
Represented By: Samuel R.V. Garland
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Plaintiff: Kenneth Hart
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