Hart v. Ly et al
| Kenneth Hart |
| 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 |
| 1:2019cv01117 |
| October 29, 2019 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Other Statutory Actions |
| 28:1441 |
| None |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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| 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) |
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)
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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)
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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)
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| 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) |
| 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). |
| 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). |
| 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) |
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///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)
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| 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) |
| 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) |
| 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) |
| Filing 9 NOTICE of Change of Address by Kenneth Hart.(lw) |
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///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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 4
ORDER OF RECUSAL. Chief Judge Landya B. McCafferty recused. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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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