Forrest et al v. County of Greene et al
| Jimmy Diresta, Taylor Forrest and James Diresta |
| County of Greene, Sheriff of Greene County, Meghan Downey, Charles Cole II and Peter Kusminsky |
| 1:2022cv00276 |
| March 21, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Gary L Sharpe |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 CERTIFICATE OF SERVICE by Jimmy Diresta, Taylor Forrest re #18 Affidavit in Opposition to Motion,, (Fraiden, Mark) |
| Filing 18 AFFIDAVIT in Opposition re #16 Second MOTION to Dismiss for Failure to State a Claim filed by County of Greene, Peter Kusminsky, Sheriff of Greene County. Motion returnable before Judge Sharpe filed by Jimmy Diresta, Taylor Forrest. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Exhibit A 1 of 2 50h transcript Jimmy Diresta, #3 Exhibit(s) Exhibit A 2 of 2 50h transcript jimmy diresta, #4 Exhibit(s) Exhibit B 50h transcript taylor forrest, #5 Exhibit(s) Exhibit C notice of claim, #6 Exhibit(s) Exhibit D notice of duty to preserve evidence)(Fraiden, Mark) |
| Filing 17 ANSWER to #12 Amended Complaint by Charles Cole II, Meghan Downey. (Attachments: #1 Certificate of Service)(Murphy, Thomas) |
| Filing 16 Second MOTION to Dismiss for Failure to State a Claim filed by County of Greene, Peter Kusminsky, Sheriff of Greene County. Motion returnable before Judge Sharpe Response to Motion due by 5/17/2022. Reply to Response to Motion due by 5/24/2022 (Attachments: #1 Affidavit of Thomas K. Murphy, Esq., #2 Memorandum of Law, #3 Certificate of Service) (Murphy, Thomas) |
| Filing 15 CERTIFICATE OF SERVICE by Jimmy Diresta, Taylor Forrest re #12 Amended Complaint (Fraiden, Mark) |
| Filing 14 FLASH DRIVE: Exhibit # 1 to the #12 Amended Complaint. Flash Drive maintained in the Binghamton Clerk's Office and not available for public viewing. [Court received a duplicate copy of the #12 Amended Complaint upon filing of this Exhibit #1] (Attachments: #1 Mailing Envelope) (map) |
Filing 13
Text Only Order On March 23, 2022, defendants moved to dismiss. (Dkt. No. 5.) As a matter of course, plaintiffs thereafter amended the complaint. (Dkt. No. 12.) Accordingly, defendants' motion to dismiss, (Dkt. No. 5), is DENIED as moot. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 4/13/2022. (jel, )
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| ***Answer due date updated for Charles Cole II; County of Greene; Meghan Downey ; Peter Kusminsky ; and Sheriff of Greene County answers due 4/26/2022. (pjh, ) |
| Filing 12 AMENDED COMPLAINT with Exhibit against All Defendants filed by Taylor Forrest, Jimmy Diresta. (Attachments: #1 Exhibit(s) USB Flash Drive with recordings sent via first class mail)(Fraiden, Mark) |
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Filing 11
TEXT ORDER: Plaintiff Taylor Forrest's requests [9, 10] for a "stay, adjournment and extension" are DENIED as moot. On 4/1/2022, the Court granted in part Attorney Fraiden's request for the same relief on behalf of Plaintiffs. The deadline for Plaintiff to respond to Defendants' motion is 4/28/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/4/2022. (Copy served on pro se Plaintiffs via regular mail). (jdp)
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| Filing 10 Duplicate of #9 Letter Motion from Taylor Forrest and Jimmy Diresta mailed to Binghamton location. (ztc, ) |
| Filing 9 Letter Motion filed by Taylor Forrest and Jimmy Diresta, requesting a Stay, an adjournment of the Defendants Motion and an extension of all deadlines including an extension to respond defendants motion and an extension to Amend the Complaint. Submitted to Judge Gary L. Sharpe. (ztc, ) |
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Filing 8
TEXT ORDER: Letter Motion #7 filed by Attorney Fraiden--who represented Plaintiffs in state court--is granted to in part and denied in part. Plaintiffs' deadline to respond to Defendants' motion to dismiss is extended to 4/28/2022. A reply, if any, shall be filed by 5/5/2022. The Letter Motion #7 is denied in all other respects. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/1/2022. (jdp )
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| Filing 7 Letter Motion from Mark Fraiden, Esq. for plaintiffs requesting a STAY, an ADJOURNMENT of the Defendants Motion and an EXTENSION OF TIME to Amend the Complaint submitted to Judge Gary L. Sharpe. (gmd, ) |
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Filing 6
TEXT ORDER: In light of the filing of Motion to Dismiss #5 , the Rule 16 Initial Conference scheduled for 5/4/2022 at 10:00 a.m. and the deadlines for the filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/24/2022. (jdp)
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| Filing 5 First MOTION to Dismiss for Failure to State a Claim filed by Charles Cole II, County of Greene, Meghan Downey, Peter Kusminsky, Sheriff of Greene County. Motion returnable before Judge Sharpe Response to Motion due by 4/13/2022. Reply to Response to Motion due by 4/20/2022 (Attachments: #1 Affidavit of Thomas K. Murphy, Esq., #2 Memorandum of Law, #3 Certificate of Service) (Murphy, Thomas) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Mark G. Fraiden, Phone number is (718)993-9911. Admissions due by 4/5/2022. (Assigning Clerk sent copy to attorney via regular mail). (ds) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 5/4/2022 at 10:00 AM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/27/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ds) |
| ***Answer due date updated for Charles Cole II answer due 3/28/2022; County of Greene answer due 3/28/2022; Meghan Downey answer due 3/28/2022; Peter Kusminsky answer due 3/28/2022; Sheriff of Greene County answer due 3/28/2022. (ds) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in New York State Supreme Court - Greene County. (ds) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court - Greene County, case number EF2022-102 (Filing fee $402 receipt number ANYNDC-5844480) filed by County of Greene, Sheriff of Greene County, Meghan Downey, Charles Cole II, Peter Kusminsky. (Attachments: #1 Exhibit A-State Court Summons and Complaint, #2 Civil Cover Sheet)(ds) |
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