DiChiara v. Salem, NH, Town of et al
| Stephen DiChiara and Steven DiChiara |
| Town of Salem, New Hampshire Attorney General and Salem, NH, Town of |
| 1:2022cv00131 |
| April 20, 2022 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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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)
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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)
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ENDORSED ORDER granting #38 Motion for Leave to File Document Under Seal. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
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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)
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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)
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Filing 38
MOTION for Leave to File Document Under Seal filed by Steven DiChiara. Follow up on Objection on 6/9/2023. (lw)
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Filing 37
NOTICE of Conventional Filing by Steven DiChiara.(Bandazian, Christopher)
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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)
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Filing 36
Assented to MOTION to Extend Time to Object/Respond to 05/31/2023 filed by Steven DiChiara.(Bandazian, Christopher)
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Filing 35
SEALED Exhibit re: #26 Motion to Dismiss for Failure to State a Claim filed by Salem, NH, Town of.(ko)
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Filing 34
AFFIDAVIT of Christopher A. Dillon re #33 Order filed by Salem, NH, Town of.(ko)
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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)
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ENDORSED ORDER granting #31 Motion for Leave to File Documents Under Seal. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
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Filing 32
SURREPLY to Reply to #26 MOTION to Dismiss for Failure to State a Claim filed by Steven DiChiara. (Bandazian, Christopher)
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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)
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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).
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ENDORSED ORDER granting #27 Motion for Leave to File Documents Under Seal. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)
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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)
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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.)
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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)
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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)
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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)
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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).
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Filing 25
Assented to MOTION to Exceed Page Limit on Motion to Dismiss filed by Salem, NH, Town of.(Scott, K.)
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Filing 24
AMENDED COMPLAINT against Salem, NH, Town of with jury demand filed by Steven DiChiara.(Bandazian, Christopher)
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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)
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Filing 23
Assented to MOTION to Continue and Extend Deadlines Pre-Trial and Discovery Deadlines filed by Salem, NH, Town of.(Scott, K.)
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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)
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Filing 22
CASE SEVERED/REMANDED to Merrimack County Superior Court. Certified copy of order and docket entries to State Court Clerk. (lw)
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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)
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Filing 20
Assented to MOTION to Continue and Extend Deadlines Discovery Plan Submission Deadline filed by Salem, NH, Town of.(Scott, K.)
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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)
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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)
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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)
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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.)
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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)
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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)
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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)
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Filing 14
ANSWER to Complaint with jury demand filed by Salem, NH, Town of.(Scott, K.)
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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)
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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.)
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Filing 12
ORDER denying #4 Motion for More Definite Statement. So Ordered by Judge Steven J. McAuliffe. (gla)
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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).
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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)
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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)
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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)
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Filing 7
NOTICE Regarding Service as to New Hampshire Attorney General. Affidavit of Service due on 5/27/2022.(lw)
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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).
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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)
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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).
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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.)
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Filing 3
Certified Copies of State Court Record. State Court Case No. 217-2022-CV-00433, Merrimack County Superior Court(Scott, K.)
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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)
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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)
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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)
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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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