Grant v. Thomas et al
| Troy J Grant |
| City of Mount Vernon, Mayor Richard Thomas, Commissioner Daniel P Jones, Richard Thomas, Daniel P Jones and John Doe ##1-4 |
| 7:2018cv09601 |
| October 19, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 22 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss Complaint. . Document filed by Troy J Grant. (Glickman, Leo) |
| Filing 21 MEMO ENDORSEMENT on re: #20 Letter filed by Troy J Grant. ENDORSEMENT: Plaintiff's opposition due 12/14/2018. Defendants' reply due 1/7/2019. ( Responses due by 12/14/2018, Replies due by 1/7/2019.) (Signed by Judge Vincent L. Briccetti on 11/30/2018) (mro) |
| Filing 20 LETTER addressed to Judge Vincent L. Briccetti from Leo Glickman dated November 29, 2018 re: Notification on Mo to Dismiss response. Document filed by Troy J Grant.(Glickman, Leo) |
Filing 19
ORDER granting #18 Letter Motion for Extension of Time: Plaintiff's time to notify the Court whether he intends to file an amended complaint extended to 11/30/2018. The Court notes it is not inclined to grant untimely requests in the future. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 18 FIRST LETTER MOTION for Extension of Time to notify court to amend complaint addressed to Judge Vincent L. Briccetti from Leo Glickman dated November 27, 2018. Document filed by Troy J Grant.(Glickman, Leo) |
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Filing 17
ORDER: Defendants having filed a motion to dismiss the complaint on November 15, 2018 (Doc. # 13 ), the Court sua sponte grants plaintiff leave to file an amended complaint. Accordingly, it is hereby ORDERED that, by no later than November 26, 2018, plaintiff must notify the Court by letter, with copies simultaneously delivered to defendants' counsel, whether (i) he intends to file an amended complaint, or (ii) he will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of his intent to do so. Defendants may then either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with copies simultaneously delivered to plaintiff's counsel, that they are relying on the initially filed motion to dismiss. If defendants choose to file an answer to or a motion to dismiss the amended complaint, the time to do so shall be governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/16/2018) (ama) Modified on 11/16/2018 (ama).
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| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,. Richard Thomas served on 11/2/2018, answer due 11/23/2018. Service was accepted by Cheryl Puma. Document filed by Troy J Grant. (Glickman, Leo) |
| Filing 15 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss Complaint. . Document filed by City of Mount Vernon, John Doe #1-4, Daniel P Jones, Richard Thomas. (Finkel, Richard) |
| Filing 14 AFFIRMATION of Richard S. Finkel in Support re: #13 MOTION to Dismiss Complaint.. Document filed by City of Mount Vernon, John Doe #1-4, Daniel P Jones, Richard Thomas. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Art. IX-A, Sec. 113, #3 Exhibit Exhibit C - Art. IX-A, Sec. 113-a, #4 Exhibit Exhibit D - Art. VI, Sec. 60)(Finkel, Richard) |
| Filing 13 MOTION to Dismiss Complaint. Document filed by City of Mount Vernon, John Doe #1-4, Daniel P Jones, Richard Thomas. Responses due by 11/29/2018(Finkel, Richard) |
| Filing 12 NOTICE OF APPEARANCE by Richard S. Finkel on behalf of City of Mount Vernon, John Doe #1-4, Daniel P Jones, Richard Thomas. (Finkel, Richard) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Daniel P Jones. (dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to City of Mount Vernon. (dnh) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Richard Thomas. (dnh) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel P. Jones, re: #1 Complaint,. Document filed by Troy J Grant. (Glickman, Leo) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to City of Mount Vernon, re: #1 Complaint,. Document filed by Troy J Grant. (Glickman, Leo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Thomas, re: #1 Complaint,. Document filed by Troy J Grant. (Glickman, Leo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Leo Glickman. The party information for the following party/parties has been modified: Richard Thomas; Daniel P. Jones. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leo Glickman to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (John Doe #1-4); not all the parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Leo Glickman to RE-FILE Document No. #3 Request for Issuance of Summons, #5 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the form used for the summons is blank. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Case Designated ECF. (sj) |
| ADD PARTY FOR PLEADING. Defendants/Respondents John Doe #1-4 added. Party added pursuant to #1 Complaint,.Document filed by Troy J Grant. Related document: #1 Complaint,.(Glickman, Leo) |
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sj) |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Daniel P. Jones, re: #1 Complaint. Document filed by Troy J Grant. (Glickman, Leo) Modified on 10/22/2018 (sj). |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to City of Mount Vernon, re: #1 Complaint. Document filed by Troy J Grant. (Glickman, Leo) Modified on 10/22/2018 (sj). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Thomas, re: #1 Complaint. Document filed by Troy J Grant. (Glickman, Leo) Modified on 10/22/2018 (sj). |
| Filing 2 CIVIL COVER SHEET filed. (Glickman, Leo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against City of Mount Vernon, Daniel P Jones, Richard Thomas. (Filing Fee $ 400.00, Receipt Number ANYSDC-15777091)Document filed by Troy J Grant. (Attachments: #1 Exhibit A - Facebook post, #2 Exhibit B)(Glickman, Leo) Modified on 10/22/2018 (sj). |
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