King v. City of Beacon Police Department et al
| Darrell King |
| City of Beacon and City of Beacon Police Department |
| 7:2020cv05815 |
| July 27, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 cv |
| None |
Docket Report
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| Filing 10 AFFIDAVIT OF SERVICE of Order of the Hon. Vincent L. Briccetti dated September 15, 2020 served on Pamela Gabiger, Esq. on September 15, 2020. Service was made by Mail. Document filed by City of Beacon, City of Beacon Police Department..(Lee, Kimberly) |
Filing 9
ORDER: Accordingly, it is hereby ORDERED that, by no later than September 21, 2020, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. Because plaintiff's counsel has not yet appeared in this removed action, she will not automatically receive notification of this Order. Therefore, by September 16, 2020, defense counsel shall: (i) serve a copy of this Order on plaintiffs counsel; and (ii) file proof of service of same. In addition, by no later than September 21, 2020, plaintiffs counsel shall file a notice of appearance in this action. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). 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. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. (Signed by Judge Vincent L. Briccetti on 9/15/2020) (mml)
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| Filing 8 MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss . . Document filed by City of Beacon, City of Beacon Police Department..(Lee, Kimberly) |
| Filing 7 AFFIDAVIT of Kimberly Hunt Lee in Support re: #6 MOTION to Dismiss .. Document filed by City of Beacon, City of Beacon Police Department. (Attachments: #1 Exhibit A, #2 Exhibit B).(Lee, Kimberly) |
| Filing 6 MOTION to Dismiss . Document filed by City of Beacon, City of Beacon Police Department..(Lee, Kimberly) |
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time: Defendants' time to answer, move, or otherwise respond to the complaint is extended to 9/11/2020. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 4 LETTER MOTION for Extension of Time to file 12(b)(6) motion addressed to Judge Vincent L. Briccetti from Kimberly Hunt Lee, Esq. dated August 3, 2020. Document filed by City of Beacon, City of Beacon Police Department..(Lee, Kimberly) |
| Filing 3 NOTICE OF PARTICIPATION IN 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's 1983 Plan. Please reference the Court's website, www.nysd.uscourts.gov/mediation, to review the 1983 Plan for White Plains, effective October 3, 2016, for important information..(rpr) |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Lisa M. Smith 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Lee, Kimberly) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Dutchess. Case Number: 2020-585. (Filing Fee $ 400.00, Receipt Number ANYSDC-20865970).Document filed by City of Beacon Police Department, City of Beacon. (Attachments: #1 Supplement Petition for Removal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C).(Lee, Kimberly) |
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