Alvarez v. Bause et al
| William Alvarez |
| C.O. Caleb Bause, C.O. Skyler Tuttle, C.O. Anthony Farina, C.O. Michael Babicz and Sgt. Glenn Trombly |
| 9:2022cv00186 |
| February 28, 2022 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Daniel J Stewart |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim (seeking dismissal of Amended Complaint, in part) filed by Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle. Motion returnable before Judge Kahn filed by William Alvarez. (Sivin, Edward) |
Filing 16
TEXT ORDER granting #15 Letter Request. The answer deadline(s) are stayed pending the Court's Decision on the #14 motion to dismiss. The Rule 16 Conference scheduled for June 1, 2022 is adjourned without date at this time. Authorized by Magistrate Judge Daniel J. Stewart on April 5, 2022. (nas )
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| Filing 15 Letter Motion from Erik Pinsonnault for Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle requesting Stay of Answer Deadline until Motion to Dismiss the Amended Complaint is decided submitted to Judge Kahn . (Pinsonnault, Erik) |
| Filing 14 Partial MOTION to Dismiss for Failure to State a Claim (seeking dismissal of Amended Complaint, in part) filed by Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle. Motion returnable before Judge Kahn Response to Motion due by 4/25/2022. Reply to Response to Motion due by 5/2/2022 (Attachments: #1 Memorandum of Law) (Pinsonnault, Erik) Modified on 4/5/2022 (nas, ). |
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Filing 13
TEXT ORDER: The Partial Motion to Dismiss for Failure to State a Claim, Dkt. No. #10 , and the Letter Motion derived from this Partial Motion to Dismiss, Dkt. No. #11 , both filed by Defendants, are rendered moot by Plaintiff's filing of an Amended Complaint, Dkt. No. #12 , against Defendants. See Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020) ("We... hold that when a plaintiff properly amends her complaint after a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint."). Authorized by Senior Judge Lawrence E. Kahn on March 29, 2022. (nas )
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| Filing 12 AMENDED COMPLAINT against All Defendants filed by William Alvarez.(Sivin, Edward) |
| ***Answer due date updated for Michael Babicz answer due 4/12/2022; Caleb Bause answer due 4/12/2022; Anthony Farina answer due 4/12/2022; Glenn Trombly answer due 4/12/2022; Skyler Tuttle answer due 4/12/2022. (nas, ) |
| Filing 11 Letter Motion from Erik Pinsonnault for Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle requesting Stay of Answer Deadline until Motion to Dismiss is decided submitted to Judge Kahn . (Pinsonnault, Erik) |
| Filing 10 PARTIAL MOTION to Dismiss for Failure to State a Claim filed by Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle. Motion returnable before Judge Kahn Response to Motion due by 4/18/2022. Reply to Response to Motion due by 4/25/2022 (Attachments: #1 Memorandum of Law) (Pinsonnault, Erik) Modified on 3/29/2022 (nas, ). |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Michael Babicz on 03/09/2022, filed by William Alvarez. (Sivin, Edward) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Glenn Trombly on 03/09/2022, filed by William Alvarez. (Sivin, Edward) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Anthony Farina on 03/09/2022, filed by William Alvarez. (Sivin, Edward) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Caleb Bause on 03/09/2022, filed by William Alvarez. (Sivin, Edward) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Skyler Tuttle on 03/09/2022, filed by William Alvarez. (Sivin, Edward) |
| Filing 4 AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/7/2022 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/31/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas, ) |
| Filing 3 Summons Issued as to Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle. (nas, ) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/1/2022 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/25/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas, ) |
| Filing 1 COMPLAINT against Michael Babicz, Caleb Bause, Anthony Farina, Glenn Trombly, Skyler Tuttle (Filing fee $402 receipt number ANYNDC-5820461) filed by William Alvarez. (Attachments: #1 Civil Cover Sheet)(nas ) |
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