Brennan v. Hoehmann et al
| Matthew I. Brennan |
| Leslie Kahn, Raymond L. Francis, Frank Borelli, Kevin Hobbs, George Hoehmann and Town of Clarkstown |
| 7:2019cv11115 |
| December 4, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Real Property: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 36
ORDER: On January 21, 2020, defendants filed a reply brief in connection with the pending motion to dismiss the amended complaint. (Doc. #34). The reply refers to plaintiff's opposition to the motion to dismiss. However, plaintiff's opposition has not been filed with the Court. Accordingly, by February 5, 2020, plaintiff shall submit his opposition to the pending motion by mailing it to: United States District Court, Pro Se Clerk, 300 Quanopas St., White Plains, NY 10601. The Clerk is instructed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Responses due by 2/5/2020) (Signed by Judge Vincent L. Briccetti on 1/22/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #36 Order, Set Deadlines, to Matthew I. Brennan 23 Germonds Road New City, NY 10956. (vba) |
| Mailed a copy of #35 Endorsed Letter, to Matthew I. Brennan 23 Germonds Road New City, NY 10956. (vba) |
| Filing 37 OPPOSITION TO AMENDED MOTION TO DISMISS. Document filed by Matthew I. Brennan. (sbr) |
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Filing 35
ENDORSED LETTER addressed to Judge Vincent L. Briccetti from Matthew Brennan dated 1/10/2020 re: Extension of time. ENDORSEMENT: In the attached letter, dated January 10, 2020, plaintiff, proceeding pro se, writes to the Court requesting an extension of his deadline to oppose the motion to dismiss the amended complaint. However, on January 17, 2020, the Court already extended plaintiff's deadline to oppose the motion to February 18, 2020. (Doc. #33). Accordingly, plaintiff's request is DENIED AS MOOT. In addition, plaintiff's letter is addressed to my Chambers. The Court may disregard any future submissions sent directly to Chambers. Plaintiff shall address all future correspondence to the Pro Se Clerk at the following address: United States District Court, Pro Se Clerk, 300 Quarropas St. White Plains, NY 10601. The Clerk is instructed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/21/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #28 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (corrected). . Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. (MacCartney, Harold) |
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time to File Response/Reply re #28 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (corrected): Plaintiff's time to oppose defendants' motion is extended to February 18, 2020. Defendants' reply, if any, is due March 3, 2020. All parties are reminded of their obligation to file all briefing with the Court. The Clerk is instructed to terminate the motion (Doc. #32) and mail a copy of this Order to plaintiff at the address on the docket. (Responses due by 2/18/2020. Replies due by 3/3/2020.) (Signed by Judge Vincent L. Briccetti on 1/17/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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| Filing 32 LETTER MOTION for Extension of Time to File Response/Reply as to #30 Declaration in Support of Motion, #29 Order on Motion to Dismiss/Lack of Jurisdiction, #28 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (corrected)., #31 Memorandum of Law in Support of Motion, addressed to Judge Vincent L. Briccetti from Harold Y. MacCartney, Jr. dated January 17, 2020. Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown.(MacCartney, Harold) |
| Mailed a copy of #33 Order on Motion for Extension of Time to File Response/Reply, to Matthew I. Brennan 23 Germonds Road New City, NY 10956. (aea) |
| Filing 31 MEMORANDUM OF LAW in Support re: #28 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (corrected). . Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. (MacCartney, Harold) |
| Filing 30 DECLARATION of Harold Y. MacCartney, Jr. in Support re: #28 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (corrected).. Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MacCartney, Harold) |
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Filing 29
MEMO ENDORSEMENT terminating as moot #24 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: In light of defendants' corrected motion (Doc. #28, the instant motion is terminated as moot. The Clerk is instructed to terminate this motion (Doc. #24) and mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 12/30/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #29 Order on Motion to Dismiss/Lack of Jurisdiction, to Matthew I. Brennan 23 Germonds Road New City, NY 10956. (aea) |
| Filing 28 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (corrected). Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. Responses due by 1/13/2020(MacCartney, Harold) |
| Filing 27 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of Town of Clarkstown. (MacCartney, Harold) |
| Filing 26 MEMORANDUM OF LAW in Support re: #24 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. . Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. (MacCartney, Harold) |
| Filing 25 DECLARATION of Harold Y. MacCartney, Jr. in Support re: #24 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MacCartney, Harold) |
| Filing 24 SECOND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn, Town of Clarkstown. Responses due by 1/13/2020(MacCartney, Harold) |
| Filing 23 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of Town of Clarkstown. (MacCartney, Harold) |
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Filing 22
ORDER denying as moot #16 Motion to Dismiss for Lack of Jurisdiction. Accordingly, defendants' motion to dismiss is terminated as moot. Defendants' deadline to answer, move, or otherwise respond to the amended complaint is January 16, 2020. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is instructed to terminate the motion (Doc. # 16) and mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 12/27/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #22 Order on Motion to Dismiss/Lack of Jurisdiction, to Matthew I. Brennan 23 Germonds Road New City, NY 10956. (vba) |
| Set/Reset Deadlines: Frank Borelli answer due 1/16/2020; Raymond L. Francis answer due 1/16/2020; Kevin Hobbs answer due 1/16/2020; George Hoehmann answer due 1/16/2020; Leslie Kahn answer due 1/16/2020. (rro) |
| Filing 21 AMENDED COMPLAINT amending #1 Complaint against Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn with JURY DEMAND.Document filed by Matthew I. Brennan. Related document: #1 Complaint.(sbr) |
| Filing 20 LETTER addressed to Judge Vincent L. Briccetti from Matthew I. Brennan dated 12/22/19 re: I write this letter in response to the Defendant Attorney Harold MacCartney's letter requesting permission to file a Pre-Answer Motion to Dismiss the Complaint pursuant to F.R.C.P. 12(b)(1). I intend to submit an Amended Complaint, a Reply for Motion to Dismiss along with a Reply to Memorandum of Law. Document filed by Matthew I. Brennan.(sbr) |
| Filing 19 AMENDED MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn. (MacCartney, Harold) |
| Filing 18 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn. (MacCartney, Harold) |
| Filing 17 DECLARATION of Harold Y. MacCartney, Jr. in Support re: #16 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MacCartney, Harold) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn.(MacCartney, Harold) |
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Filing 11
MEMO ENDORSEMENT on re: #9 Letter, filed by George Hoehmann, Frank Borelli, Raymond L. Francis, Kevin Hobbs, Leslie Kahn. ENDORSEMENT: Under paragraph 2.B.iii of Judge Briccetti's Individual Practices, leave of Court to file a pre-answer motion to dismiss is not required. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/16/2019) (mml)
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| Filing 15 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. Raymond L. Francis served on 12/6/2019, answer due 12/27/2019. Service was accepted by Maureen Landro o/b/o Clarkstown Town Clerk. Document filed by Matthew I. Brennan. (sc) |
| Filing 14 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Frank Borelli, served on 12/6/2019, answer due 12/27/2019. Service was accepted by Maureen Landro o/b/o Clarkstown Town Clerk. Document filed by Matthew I. Brennan. (sc) |
| Filing 13 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Kevin Hobbs served on 12/16/2019, answer due 1/6/2020. Service was accepted by Maureen Landro o/b/o Clarkstown Town Clerk. Document filed by Matthew I. Brennan. (sc) |
| Filing 12 SUMMONS RETURNED EXECUTED. Summons and Complaint, served. George Hoehmann, served on 12/6/2019, answer due 12/27/2019. Service was accepted by Maureen Landro o/b/o Clarkstown Town Clerk. Document filed by Matthew I. Brennan. (sc) |
| Filing 10 SUMMONS RETURNED EXECUTED. Summons and Complaint served. Leslie Kahn served on 12/6/2019, answer due 12/27/2019. Service was accepted by Lori Zaccaro. Document filed by Matthew I. Brennan. (sc) |
| Filing 9 LETTER addressed to Judge Vincent L. Briccetti from Harold Y. MacCartney, Jr. dated December 13, 2019 re: Permission to file motion to dismiss. Document filed by Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn. (Attachments: #1 Exhibit Brennan-Eisenpress Decision and Order)(MacCartney, Harold) |
| Filing 8 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of Raymond L. Francis. (MacCartney, Harold) |
| Filing 7 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of Kevin Hobbs. (MacCartney, Harold) |
| Filing 6 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of Leslie Kahn. (MacCartney, Harold) |
| Filing 5 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of Frank Borelli. (MacCartney, Harold) |
| Filing 4 NOTICE OF APPEARANCE by Harold Y MacCartney, Jr on behalf of George Hoehmann. (MacCartney, Harold) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 COMPLAINT against Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn. (Filing Fee $400.00, Receipt Number 465401249691)Document filed by Matthew I. Brennan. (sac) |
| SUMMONS ISSUED as to Frank Borelli, Raymond L. Francis, Kevin Hobbs, George Hoehmann, Leslie Kahn. (sac) |
| Magistrate Judge Paul E. Davison 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| Case Designated ECF. (sac) |
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