Suarez v. USA
Plaintiff: Javier Suarez and Javier Suarez, Sr.
Defendant: USA
Case Number: 1:2020cv00864
Filed: August 14, 2020
Court: US District Court for the District of New Hampshire
Presiding Judge: Steven J McAuliffe
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2020 Filing 6 JUDGMENT is hereby entered in accordance with Endorsed Order on Motion to Dismiss for Failure to State a Claim. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (lw)
October 6, 2020 Opinion or Order ///ENDORSED ORDER granting #5 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted for the reasons given in the government's unopposed motion. Case dismissed as untimely filed. So Ordered by Judge Steven J. McAuliffe.(lw)
September 22, 2020 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 10/27/2020 02:00 PM before Judge Steven J. McAuliffe. Follow up on Discovery Plan 10/22/2020. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(lw)
September 18, 2020 Filing 5 MOTION to Dismiss for Failure to State a Claim filed by USA.Follow up on Objection on 10/2/2020. 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 Memorandum of Law, #2 Exhibit (Affidavit) A - Solomon Declaration, #3 Attachment to Exhibit A1 - SF 95, #4 Attachment to Exhibit A2 - January 10, 2018 Receipt Letter, #5 Attachment to Exhibit A3 - May 21, 2018 Denial Letter)(McCormack, Michael)
August 24, 2020 Filing 4 Certified Copies of State Court Record. State Court Case No. 459-2020-SC-00849, the 9th Circuit-District Division-Nashua County Superior Court (Attachments: #1 State Court Record)(McCormack, Michael)
August 19, 2020 Opinion or Order ENDORSED ORDER granting #2 Assented to 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 Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 9/21/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(lw)
August 19, 2020 Filing 3 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. Todd A. Whitney, Esq. must complete an online registration form within 30 days. 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. Compliance Deadline set for 9/18/2020. (ed)
August 18, 2020 Filing 2 Assented to MOTION to Extend Time to Answer to September 21, 2020 filed by USA.(McCormack, Michael)
August 14, 2020 Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:20-cv-864-SM. Please show this number with the judge designation on all future pleadings. (ed)
August 14, 2020 Filing 1 NOTICE OF REMOVAL from 9th Circuit - District Division - Nashua, case number 459-2020-SC-00849 (No fee paid, USA or IFP.) filed by USA. Answer Follow Up on 9/4/2020. 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 8/28/2020. (Attachments: #1 Exhibit A - State Court Filing, #2 Exhibit B - Certification of United States Attorney, #3 Notice of Filing of Notice of Removal, #4 Civil Cover Sheet)(McCormack, Michael)

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Plaintiff: Javier Suarez
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Plaintiff: Javier Suarez, Sr.
Represented By: Todd A. Whitney
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Defendant: USA
Represented By: Michael T. McCormack
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