Gayle v. Village of Johnson City Police Dept. et al
| Bobby R. Gayle, Jr. |
| Village of Johnson City Police Dept., Patrol Officer Brian Shaver, Patrol Officer Scott Foland and Patrol Officer Connor Kallfelz |
| 3:2021cv00999 |
| September 9, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Gary L Sharpe |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
TEXT ORDER STRIKING #22 Plaintiffs Letter to defense counsel. It is unclear what relief, if any, Plaintiff is requesting and what the grounds are for that relief. In addition, pursuant to Local Rule 26.2, discovery is not to be filed unless the Court orders otherwise or it is filed in support of a motion. As a result, Dkt. No. 22 will not be considered by the Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/1/2021.(Copy served on Pro Se Plaintiff via regular mail)(jdp )
|
| Filing 22 ***STRICKEN PURSUANT TO THE COURTS 23 ORDER*** Copy of Letter sent to Shannon T. O'Connor, Counsel for Defense, from Bobby R. Gayle Jr. (egr) Modified on 11/1/2021 (jdp ). |
|
Filing 21
TEXT ONLY ORDER: Pending is defendants' letter motion seeking a two week extension of time to file a reply in support of their motion to dismiss. (Dkt. No. 18.) In light of plaintiff's filing of an amended complaint as a matter of course (the amended complaint is dated October 19, 2021, which makes it timely under the prison mailbox rule and Fed. R. Civ. P. 15(a)(1)(B)), defendants' motion to dismiss, (Dkt. No. 11), is DENIED as moot. The application for an extension of time, (Dkt. No. 18), is likewise DENIED as moot. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 10/26/2021. (Copy served via regular mail)(jel, )
|
| ***Answer due date updated for Scott Foland answer due 11/8/2021; Connor Kallfelz answer due 11/8/2021; Brian Shaver answer due 11/8/2021; Village of Johnson City Police Dept. answer due 11/8/2021. (jel, ) |
| Filing 20 AMENDED COMPLAINT against Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept. filed by Bobby R. Gayle, Jr. (Attachments: #1 Cover Letter)(mgh) |
| Filing 19 CERTIFICATE OF SERVICE by Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept. re #18 Letter Motion from Shannon T. O'Connor for Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept. requesting Two week extension of time to respond to plaintiff's opposition to motion submitted to Judge M Lovric (O'Connor, Shannon) |
| Filing 18 Letter Motion from Shannon T. O'Connor for Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept. requesting Two week extension of time to respond to plaintiff's opposition to motion submitted to Judge Miroslav Lovric . (O'Connor, Shannon) |
|
Filing 17
DECISION and ORDER: ORDERED that Plaintiff's #15 motion to appoint counsel is DENIED. Signed by Magistrate Judge Miroslav Lovric on 10/18/2021. (Copy served via regular mail)(mgh)
|
| Filing 16 RESPONSE in Opposition re #11 MOTION to Dismiss for Failure to State a Claim filed by Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept.. Motion returnable before Judge Gary L. Sharpe filed by Bobby R. Gayle, Jr. (Attachments: #1 Mailing Envelope)(mgh) |
| Filing 15 MOTION to Appoint Counsel filed by Bobby R. Gayle, Jr. Motions referred to Miroslav Lovric. (mgh) |
|
Filing 14
TEXT ORDER: In light of the filing of Motion to Dismiss #11 , the Rule 16 initial conference scheduled for 11/30/2021 and the deadlines for filing of the Civil Case Management Plan and exchange of Mandatory Disclosures are STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/4/2021. (Copy served on Pro Se Plaintiff via regular mail)
|
| CLERK'S CORRECTION OF DOCKET ENTRY : Clerk uploaded the wrong Text Order 14 . Clerk replaced the current order with the correct order and will be having the Text Order regenerated to the appropriate parties. (jdp ) |
| Filing 13 NOTICE that plaintiff's response to the #11 MOTION to Dismiss for Failure to State a Claim filed by Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept shall be filed on or before October 21, 2021.(jel, )(Copy mailed to plaintiff) |
| Filing 12 CERTIFICATE OF SERVICE by Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept. re #11 MOTION to Dismiss for Failure to State a Claim filed by Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept.. Motion returnable before Judge Gary L. Sharpe (O'Connor, Shannon) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim filed by Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept.. Motion returnable before Judge Gary L. Sharpe Response to Motion due by 10/21/2021. Reply to Response to Motion due by 10/28/2021 (Attachments: #1 Memorandum of Law) (O'Connor, Shannon) |
|
Filing 10
TEXT ORDER: Letter Motions [6, 8] are GRANTED insofar and to the extent that the Rule 16 initial conference currently scheduled for 10/12/2021 before Magistrate Judge Miroslav Lovric is re-scheduled for 11/30/2021 at 10:00AM, via video conferencing. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/23/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The clerk is directed to coordinate with the Broome County Jail to have pro se Plaintiff join this conference via video conferencing. The clerk will also email to counsel for Defendants the video conferencing link. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/28/2021. (Copy served on Pro Se Plaintiff via regular mail) (jdp )
|
| Filing 9 ACKNOWLEDGMENT OF THE PRO SE HANDBOOK and NOTICE by Bobby Gayle, Jr. (mgh) |
| Filing 8 Letter Motion for Bobby R. Gayle, Jr requesting an extension of time to submit the Civil Case Management Plan as he is awaiting replies from Law Firms regarding representation. (mgh) |
| Filing 7 Letter from Bobby Gayle, Jr. informing the Court he has no objection to Defendant's request for an extension of time to respond to the Complaint. (mgh) |
| Filing 6 Letter Motion for Bobby R. Gayle, Jr requesting assistance with the Civil Case Management Plan and informing the Court that in Order for him to attend the Rule 16 Telephonic Conference the Court will need to Issue an Order to Produce submitted to Judge Lovric. (mgh) (Additional attachment(s) added on 9/27/2021: #1 cover Letter for Order to Produce re: Rule 16 Conference) (mgh, ). |
|
Filing 5
TEXT ORDER: Letter Motion #4 is GRANTED. Defendants are directed to respond to the complaint by 9/30/2021. All other deadlines and schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/15/2021. (Copy served on Pro Se Plaintiff via regular mail)(jdp )
|
| Filing 4 Letter Motion from Shannon T. O'Connor for Scott Foland, Connor Kallfelz, Brian Shaver, Village of Johnson City Police Dept. requesting Extension of time to Answer or otherwise move submitted to Judge Miroslav Lovric . (O'Connor, Shannon) |
| ***Answer due date updated for Scott Foland answer due 9/16/2021; Connor Kallfelz answer due 9/16/2021; Brian Shaver answer due 9/16/2021; Village of Johnson City Police Dept. answer due 9/16/2021. (mgh) |
| Filing 3 PRO SE HANDBOOK and NOTICE mailed to Plaintiff on 9/9/2021. (mgh) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/12/2021 02:30 PM 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 10/5/2021. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518.(Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 1 NOTICE OF REMOVAL from Broome County Supreme Court, case number CA2021002115 (Filing fee $402 receipt number ANYNDC-5642651) filed by Scott Foland, Brian Shaver, Village of Johnson City Police Dept., Connor Kallfelz. (Attachments: #1 Exhibit(s) A- State Court Complaint, #2 Errata B- State Court Summons, #3 Civil Cover Sheet)(mgh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
