DiChiara v. Salem, NH, Town of et al
Plaintiff: Stephen DiChiara and Steven DiChiara
Defendant: Town of Salem, New Hampshire Attorney General and Salem, NH, Town of
Case Number: 1:2022cv00131
Filed: April 20, 2022
Court: US District Court for the District of New Hampshire
Presiding Judge: Steven J McAuliffe
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2023 Opinion or Order Filing 42 JUDGMENT is hereby entered in accordance with #21 Order on Motion to Dismiss or Alternatively to Remand Claims Against State Defendant to Merrimack Superior Court, Order on Motion Add Defendant, Individually; #41 Order on Motion for Summary Judgment (Motion to Dismiss for Failure to State a Claim). Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (lw)
July 12, 2023 Opinion or Order Filing 41 ///ORDER granting #26 Motion for Summary Judgment (Motion to Dismiss for Failure to State a Claim). For the foregoing reasons, as well as those set forth in defendant's legal memoranda (documents no. 26-1 and 40), defendant's Motion for Summary Judgment (formerly, Motion to Dismiss) (document no. 26) is granted. The Clerk of Court shall enter judgment in accordance with this order and close the case. So Ordered by Judge Steven J. McAuliffe.(lw)
July 10, 2023 Opinion or Order ENDORSED ORDER granting #38 Motion for Leave to File Document Under Seal. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
June 7, 2023 Opinion or Order Filing 40 RESPONSE re #28 Objection to Motion, Reply in Support of Defendant's Motion for Summary Judgment filed by Salem, NH, Town of. (Prendergast, John)
May 31, 2023 Opinion or Order Filing 39 MEMORANDUM in Opposition re #26 MOTION to Dismiss for Failure to State a Claim , #38 MOTION for Leave to File Document Under Seal filed by Steven DiChiara. Follow up on Reply on 6/7/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bandazian, Christopher)
May 26, 2023 Opinion or Order Filing 38 MOTION for Leave to File Document Under Seal filed by Steven DiChiara. Follow up on Objection on 6/9/2023. (lw)
May 25, 2023 Opinion or Order Filing 37 NOTICE of Conventional Filing by Steven DiChiara.(Bandazian, Christopher)
April 4, 2023 Opinion or Order ENDORSED ORDER granting #36 Assented to Motion to Extend Time to Object/Respond to 05/31/2023. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.Follow up on Objection on 5/31/2023. (lw)
March 31, 2023 Opinion or Order Filing 36 Assented to MOTION to Extend Time to Object/Respond to 05/31/2023 filed by Steven DiChiara.(Bandazian, Christopher)
February 24, 2023 Opinion or Order Filing 35 SEALED Exhibit re: #26 Motion to Dismiss for Failure to State a Claim filed by Salem, NH, Town of.(ko)
February 24, 2023 Opinion or Order Filing 34 AFFIDAVIT of Christopher A. Dillon re #33 Order filed by Salem, NH, Town of.(ko)
January 27, 2023 Opinion or Order Filing 33 ORDER re: #26 Motion to Dismiss for Failure to State a Claim. In light of the foregoing, the court will convert the Town's motion to dismiss (document no. 26) into one for summary judgment. On or before February 24, 2023, the Town shall file all documents that it provided to the New Hampshire Attorney General's office as part of the so-called binder submitted under cover letter dated March 6, 2020. The Town may also supplement its earlier legal memorandum by filing a memorandum in support of summary judgment. Not later than thirty days thereafter, DiChiara may file an objection to summary judgment. Should he do so, he shall specifically identify (by reference to page numbers) those documents in the binder upon which each of his five claims rests. So Ordered by Judge Steven J. McAuliffe.(lw)
December 23, 2022 Opinion or Order ENDORSED ORDER granting #31 Motion for Leave to File Documents Under Seal. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
December 13, 2022 Opinion or Order Filing 32 SURREPLY to Reply to #26 MOTION to Dismiss for Failure to State a Claim filed by Steven DiChiara. (Bandazian, Christopher)
December 7, 2022 Opinion or Order Filing 31 MOTION for Leave to File Documents Under Seal filed by Salem, NH, Town of. Follow up on Objection on 12/21/2022. (lw)
December 6, 2022 Opinion or Order Filing 30 REPLY to Objection to Motion re #26 MOTION to Dismiss for Failure to State a Claim filed by Salem, NH, Town of. Certain exhibit(s) maintained conventionally in Clerk's Office. Surreply due by 12/12/2022. (Attachments: #1 Exhibit)(Prendergast, John) Modified on 12/8/2022 to add: conventional exhibit text (lw).
November 28, 2022 Opinion or Order ENDORSED ORDER granting #27 Motion for Leave to File Documents Under Seal. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
November 28, 2022 Opinion or Order ENDORSED ORDER granting #29 Assented to Motion to Extend Time to Object/Respond re: #26 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Follow up on Reply on 12/6/2022. (lw)
November 22, 2022 Opinion or Order Filing 29 Assented to MOTION to Extend Time to Object/Respond to #28 Objection to Motion, to 12/06/2022 filed by Salem, NH, Town of.(Scott, K.)
November 15, 2022 Opinion or Order Filing 28 OBJECTION to #26 MOTION to Dismiss for Failure to State a Claim filed by Steven DiChiara. Follow up on Reply on 11/22/2022. 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)(Bandazian, Christopher)
November 8, 2022 Opinion or Order ENDORSED ORDER granting #25 Assented to Motion to Exceed Page Limit on Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
November 4, 2022 Opinion or Order Filing 27 MOTION for Leave to File Documents Under Seal filed by Salem, NH, Town of. Follow up on Objection on 11/18/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Certain exhibit(s) maintained conventionally in Clerk's Office. (lw)
November 3, 2022 Opinion or Order Filing 26 Motion for Summary Judgment (MOTION to Dismiss for Failure to State a Claim) filed by Salem, NH, Town of.Follow up on Objection on 11/17/2022. 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)(Scott, K.) Modified on 2/27/2023 to add: Motion for Summary Judgment docket text per #33 Order dated 1/26/2023(ko).
November 2, 2022 Opinion or Order Filing 25 Assented to MOTION to Exceed Page Limit on Motion to Dismiss filed by Salem, NH, Town of.(Scott, K.)
September 30, 2022 Opinion or Order Filing 24 AMENDED COMPLAINT against Salem, NH, Town of with jury demand filed by Steven DiChiara.(Bandazian, Christopher)
September 8, 2022 Opinion or Order ENDORSED ORDER granting #23 Assented to Motion to Continue and Extend Deadlines Pre-Trial and Discovery Deadlines. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Amended Complaint due by 10/3/2022. Dispositive Motion Filing Deadline 11/3/2022.(lw)
September 6, 2022 Opinion or Order Filing 23 Assented to MOTION to Continue and Extend Deadlines Pre-Trial and Discovery Deadlines filed by Salem, NH, Town of.(Scott, K.)
August 31, 2022 Opinion or Order ENDORSED ORDER granting #20 Assented to Motion to Continue and Extend Deadlines. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Pretrial Conference reset for 9/14/2022 03:00 PM before Judge Steven J. McAuliffe. Follow up on Discovery Plan 9/8/2022.(lw)
August 30, 2022 Opinion or Order Filing 22 CASE SEVERED/REMANDED to Merrimack County Superior Court. Certified copy of order and docket entries to State Court Clerk. (lw)
August 30, 2022 Opinion or Order Filing 21 ///ORDER granting in part and denying in part #16 Motion to Dismiss or Alternatively to Remand Claims Against State Defendant to Merrimack Superior Court; denying as moot #18 Motion Add Defendant, Individually. DiChiara's claims against the Town of Salem were properly removed from state court and will remain in this court. All claims against the State of New Hampshire, however, shall be remanded to state court. See 28 U.S.C. 1441(c)(2). The Clerk of Court shall sever DiChiara's claims against the State of New Hampshire and remand them to the Merrimack, New Hampshire, State Superior Court. So Ordered by Judge Steven J. McAuliffe.(lw)
August 29, 2022 Opinion or Order Filing 20 Assented to MOTION to Continue and Extend Deadlines Discovery Plan Submission Deadline filed by Salem, NH, Town of.(Scott, K.)
August 29, 2022 Opinion or Order Clerk's Notice - No Joint Proposed Discovery Plan Filed. The parties are directed to file a joint proposed discovery plan within 24 hours of this notice. Follow up on Joint Discovery Plan 8/30/2022.(lw)
August 5, 2022 Opinion or Order Filing 19 OBJECTION to #16 MOTION to Dismiss or Alternatively to Remand Claims Against State Defendant to Merrimack Superior Court filed by Steven DiChiara. Follow up on Reply on 8/12/2022. 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 Objection to Motion to Dismiss)(Bandazian, Christopher)
August 4, 2022 Opinion or Order Filing 18 MOTION Add Defendant, Individually filed by Steven DiChiara.Follow up on Objection on 8/18/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bandazian, Christopher)
August 2, 2022 Opinion or Order Filing 17 RESPONSE to Motion re #16 MOTION to Dismiss or Alternatively to Remand Claims Against State Defendant to Merrimack Superior Court filed by Salem, NH, Town of. (Scott, K.)
July 27, 2022 Opinion or Order Filing 16 MOTION to Dismiss or Alternatively to Remand Claims Against State Defendant to Merrimack Superior Court filed by New Hampshire Attorney General.Follow up on Objection on 8/10/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kenison-Marvin, Nathan)
July 27, 2022 Opinion or Order NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/2/2022 11:00 AM before Judge Steven J. McAuliffe. Follow up on Discovery Plan 8/26/2022. 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)
July 6, 2022 Opinion or Order Filing 15 ORDER denying without prejudice #10 Motion to Remand to State Court. Any renewed motion to remand shall address the application, if any, of 28 U.S.C. 1441(c) to the circumstances presented in this case. Specifically, the State should address whether it asserts Eleventh Amendment immunity with respect to one or more of plaintiff's claims, and whether such an assertion implicates the provisions of 28 U.S.C. 1441(c)(1)(B) and c(2). The Town (and DiChiara, if he chooses) may file a responsive memorandum within 15 days of the filing of a renewed motion to remand. So Ordered by Judge Steven J. McAuliffe.(lw)
June 14, 2022 Opinion or Order Filing 14 ANSWER to Complaint with jury demand filed by Salem, NH, Town of.(Scott, K.)
June 10, 2022 Opinion or Order ENDORSED ORDER - Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Remand to State Court (doc. no. 10). Given the issues raised 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) to after the rescheduled pretrial conference. So Ordered by Judge Steven J. McAuliffe.(lw)
May 31, 2022 Opinion or Order Filing 13 OBJECTION to #10 MOTION to Remand to State Court filed by Salem, NH, Town of. Follow up on Reply on 6/7/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Scott, K.)
May 31, 2022 Opinion or Order Filing 12 ORDER denying #4 Motion for More Definite Statement. So Ordered by Judge Steven J. McAuliffe. (gla)
May 27, 2022 Opinion or Order Filing 11 Partially Assented to MOTION to Remand to State Court filed by Steven DiChiara.Follow up on Objection on 6/10/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bandazian, Christopher) Modified on 7/6/2022 to terminate motion (lw).
May 20, 2022 Opinion or Order Filing 10 MOTION to Remand to State Court filed by New Hampshire Attorney General.Follow up on Objection on 6/3/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kenison-Marvin, Nathan)
May 20, 2022 Opinion or Order Filing 9 NOTICE of Attorney Appearance by Nathan W. Kenison-Marvin on behalf of New Hampshire Attorney General Attorney Nathan W. Kenison-Marvin added to party New Hampshire Attorney General(pty:dft).(Kenison-Marvin, Nathan)
May 16, 2022 Opinion or Order Filing 8 AFFIDAVIT of Service of Summons/Civil Complaint as to New Hampshire Attorney General filed by Steven DiChiara. Served/Mailed on 3/24/2022. Answer Follow Up on 4/14/2022. 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 Return of Service)(Bandazian, Christopher)
May 13, 2022 Opinion or Order Filing 7 NOTICE Regarding Service as to New Hampshire Attorney General. Affidavit of Service due on 5/27/2022.(lw)
May 11, 2022 Opinion or Order Filing 6 OBJECTION (replaces doc. no. 5) to #4 MOTION for More Definite Statement filed by Steven DiChiara. Follow up on Reply on 5/18/2022. 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)(Bandazian, Christopher) Modified on 5/13/2022 to add: replaces text (lw).
May 11, 2022 Opinion or Order NOTICE of ECF Filing Error re: #5 Objection to Motion, filed by Steven DiChiara. Documents must be provided in an electronically converted PDF text searchable format in accordance with A.P. 2.3(a). Filer shall refile and add to docket text Replaces document no. 5. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Compliance Deadline set for 5/13/2022.(lw)
May 9, 2022 Opinion or Order Filing 5 REPLACED - See doc. no. 6. OBJECTION to #4 MOTION for More Definite Statement filed by Steven DiChiara. Follow up on Reply on 5/16/2022. 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)(Bandazian, Christopher) Modified on 5/13/2022 to add: replaced text (lw).
April 27, 2022 Opinion or Order Filing 4 MOTION for More Definite Statement filed by Salem, NH, Town of.Follow up on Objection on 5/11/2022. 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)(Scott, K.)
April 25, 2022 Opinion or Order Filing 3 Certified Copies of State Court Record. State Court Case No. 217-2022-CV-00433, Merrimack County Superior Court(Scott, K.)
April 21, 2022 Opinion or Order 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.(cmp)
April 20, 2022 Opinion or Order Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:22-cv-131-SM. Please show this number with the judge designation on all future pleadings. (cmp)
April 20, 2022 Opinion or Order Filing 2 NOTICE of Attorney Appearance by John Prendergast on behalf of Town of Salem Attorney John Prendergast added to party Town of Salem(pty:dft).(Prendergast, John)
April 20, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Merrimack Superior Court, case number 217-2022-CV-00433 (filing fee $402, receipt number ANHDC-2240401) filed by Town of Salem. Answer Follow Up on 5/11/2022. 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 5/4/2022. (Attachments: #1 Exhibit 1 - State Court Summons and Complaint, #2 Notice of Removal to Plaintiff's Counsel, #3 Notice of Removal to State Court, #4 Civil Cover Sheet)(Scott, K.) (Additional attachment(s) added on 4/21/2022: #5 Corrected Civil Cover Sheet, #6 Corrected NTC of Filing Removal, #7 Corrected NTC of Filing to State Court, #8 Corrected NTC of Filing to USDC, #9 Corrected Removal Documents, #10 Corrected Summons and Complaint) (cmp).

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Search for this case: DiChiara v. Salem, NH, Town of et al
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Plaintiff: Stephen DiChiara
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Plaintiff: Steven DiChiara
Represented By: Christopher A. Bandazian
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Defendant: Town of Salem
Represented By: John Prendergast
Represented By: K. Joshua Scott
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Defendant: New Hampshire Attorney General
Represented By: Nathan W. Kenison-Marvin
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Defendant: Salem, NH, Town of
Represented By: K. Joshua Scott
Represented By: John Prendergast
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