Ruotolo v. Town of New Paltz et al
Plaintiff: Angelo Ruotolo
Defendant: Town of New Paltz, Stacy Delarede, Mark Jaffee, Town Judge James Bacon, Town Attorney Kevin Barry, Town Supv. Neil Bettex, Sheriff Juan Figueroa, John Doe and Jane Doe
Case Number: 7:2021cv09419
Filed: November 15, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Cathy Seibel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2022 Filing 36 ANSWER to Complaint with JURY DEMAND. Document filed by Jane Doe, John Doe, Juan Figueroa. (Attachments: #1 Supplement Certificate of Service).(Kurtz, Eric)
January 11, 2022 Filing 35 CERTIFICATE OF SERVICE of Notice of Appearance served on Pro Se Plaintiff, Angelo Ruotolo on January 11, 2022. Service was made by ECF and Mail. Document filed by James Bacon, Kevin Barry, Neil Bettex, Stacy Delarede, Mark Jaffee, Town of New Paltz..(Bartley, Alana)
January 11, 2022 Filing 34 NOTICE OF APPEARANCE by Alana Renee Bartley on behalf of James Bacon, Kevin Barry, Neil Bettex, Stacy Delarede, Mark Jaffee, Town of New Paltz..(Bartley, Alana)
January 10, 2022 Opinion or Order Filing 33 MEMO ENDORSEMENT on re: #32 Letter, filed by James Bacon, Stacy Delarede, Neil Bettex, Kevin Barry, Mark Jaffee, Town of New Paltz,ENDORSEMENT: Pre-Motion Conference set for February 22, 2022 at 4:30 p.m. Plaintiff to state their position, by letter of no more than 3 pages, by February 15, 2022. SO ORDERED. (Signed by Judge Cathy Seibel on 1/10/2022) ( Pre-Motion Conference set for 2/22/2022 at 04:30 PM before Judge Cathy Seibel.) (ks)
January 10, 2022 Filing 32 LETTER addressed to Judge Cathy Seibel from Alana R. Bartley, Esq. dated January 10, 2022 re: to request a pre-motion conference on the Town Defendants' contemplated motion to dismiss. Document filed by James Bacon, Kevin Barry, Neil Bettex, Stacy Delarede, Mark Jaffee, Town of New Paltz..(Bartley, Alana)
January 3, 2022 Filing 31 PROPOSED ORDER TO SHOW CAUSE FOR JUDGMENT BY DEFAULT(WITHOUT EMERGENCY RELIEF). Document filed by Angelo Ruotolo. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
January 3, 2022 Filing 30 AFFIDAVIT OF SERVICE of Summons and Complaint. Mark Jaffee served on 12/11/2021. Document filed by Angelo Ruotolo. (ok)
January 3, 2022 ***NOTICE REGARDING - DEFICIENT DOCKET ENTRY ERROR. Notice to Angelo Ruotolo Regarding Document #29 Proposed Order to Show Cause Without Emergency Relief. ERROR(S): Premature, Defendants time to respond to the Complaint is extended to 1/14/22 nunc pro tunc. See Doc. #28, Should Defendant fail to timely respond, Plaintiff may resubmit his proposed Orders to Show Cause (this time accompanied by the Clerks Certificate of Default. (dt)
December 29, 2021 Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE FOR JUDGMENT BY DEFAULT(WITHOUT EMERGENCY RELIEF). Document filed by Angelo Ruotolo. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 1/3/2022 (dt).
December 29, 2021 Mailed a copy of Text Order 28, Order, to Angelo Ruotolo 96 Pelham Drive Cornwall, NY 12518. (dsh)
December 28, 2021 Opinion or Order Filing 28 ORDER: Plaintiff previously sought default judgments by motion (ECF Nos. 18-21). I denied the motions without prejudice and explained that under my rules, defaults must be sought via Order to Show Cause (ECF Nos. 22-23). Now Plaintiff has sought Orders to Show Cause (ECF Nos. 24-27). At the time of my prior orders, (ECF Nos. 22-23), I did not focus on the fact that in my 11/18/21 Order directing Plaintiff to show cause why this case should not be transferred, I had stated that Defendants did not have to respond to the Complaint until Plaintiff complied, (ECF No. 10). Plaintiff complied with the 11/18/21 Order by submitting a Declaration on 12/6/21 (ECF No. 11). The Court did not rule at the time, and believes that the better course is to await Defendants appearance and obtain their views on the issue of transfer. But the Courts silence may have misled Defendants into thinking there would be a forthcoming order that would either transfer the case or direct them to respond to the Complaint. In light of this possible confusion, the strong preference for deciding cases on the merits, see, e.g., New York v. Green, 420 F.3d 99, 104 (2d Cir. 2005), and the lack of prejudice to Plaintiff at this early stage, it is hereby ORDERED that Defendants time to respond to the Complaint is extended to 1/14/22 nunc pro tunc. Should Defendant fail to timely respond, Plaintiff may resubmit his proposed Orders to Show Cause (this time accompanied by the Clerks Certificate of Default, as required by my Individual Practices). The Clerk of Court is respectfully directed to send a copy of this text order to Plaintiff, who again is encouraged to sign up for electronic notifications. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
December 28, 2021 Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE FOR JUDGMENT BY DEFAULT(WITHOUT EMERGENCY RELIEF). Document filed by Angelo Ruotolo. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 12/28/2021 (km).
December 28, 2021 Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE FOR JUDGMENT BY DEFAULT(WITHOUT EMERGENCY RELIEF). Document filed by Angelo Ruotolo. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 12/28/2021 (km).
December 28, 2021 Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE FOR JUDGMENT BY DEFAULT(WITHOUT EMERGENCY RELIEF). Document filed by Angelo Ruotolo. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 12/28/2021 (km).
December 28, 2021 Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE FOR JUDGMENT BY DEFAULT(WITHOUT EMERGENCY RELIEF). Document filed by Angelo Ruotolo. (sc) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 12/28/2021 (km).
December 28, 2021 ***NOTICE REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice regarding Document Proposed Order to Show Cause Without Emergency Relief #24 Proposed Order to Show Cause Without Emergency Relief #27 Proposed Order to Show Cause Without Emergency Relief #25 Proposed Order to Show Cause Without Emergency Relief #26 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The documents are premature. You need to obtain a clerk's certificate of default first. (km)
December 21, 2021 Opinion or Order Filing 23 ORDER denying without prejudice #20 Motion for Default Judgment: Per my Individual Practices, default judgments must be sought via Order to Show Cause. (Plaintiff is encouraged to sign up for electronic notifications. More information is available on the Court's website.) The Clerk of Court is respectfully directed to send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
December 21, 2021 Opinion or Order Filing 22 ORDER denying without prejudice #18 Motion for Default Judgment: Per my Individual Practices, default judgments must be sought via Order to Show Cause. (Plaintiff is encouraged to sign up for electronic notifications. More information is available on the Court's website.) The Clerk of Court is respectfully directed to send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing.
December 21, 2021 Filing 21 AFFIDAVIT in Support re: #20 MOTION for Default Judgment. Document filed by Angelo Ruotolo. (ok)
December 21, 2021 Filing 20 MOTION for Default Judgment as to Sheriff Juan Figueroa. Document filed by Angelo Ruotolo. (ok)
December 21, 2021 Filing 19 AFFIDAVIT in Support re: #18 MOTION for Default Judgment. Document filed by Angelo Ruotolo. (ok)
December 21, 2021 Filing 18 MOTION for Default Judgment as to Town of New Paltz. Document filed by Angelo Ruotolo. (ok)
December 21, 2021 Mailed a copy of 22 Order on Motion for Default Judgment to Angelo Ruotolo at 96 Pelham Drive, Cornwall, NY 12518. (kh)
December 21, 2021 Mailed a copy of 23 Order on Motion for Default Judgment to Angelo Ruotolo at 96 Pelham Drive, Cornwall, NY 12518. (kh)
December 14, 2021 Filing 17 AFFIDAVIT OF SERVICE of Civil Cover Sheet, Summons in a Civil Action, and Complaint served on Sheriff Juan Figueroa on 11/22/2021. Service was accepted by Kerry Muldoon, Sheriff's Confidential Secretary. Document filed by Angelo Ruotolo. (ok)
December 14, 2021 Filing 16 AFFIDAVIT OF SERVICE of Summons in a Civil Action and Complaint with Exhibits, and Civil Cover Sheet served on Neil Bettez on 11/29/2021. Document filed by Angelo Ruotolo. (ok)
December 14, 2021 Filing 15 AFFIDAVIT OF SERVICE of Civil Cover Sheet, Summons in a Civil Action, and Complaint served on Kevin Barry on 12/2/2021. Document filed by Angelo Ruotolo. (ok)
December 14, 2021 Filing 14 AFFIDAVIT OF SERVICE of Summons in a Civil Action and Complaint with Exhibits, and Civil Cover Sheet served on James Bacon on 11/30/2021. Document filed by Angelo Ruotolo. (ok)
December 14, 2021 Filing 13 AFFIDAVIT OF SERVICE of Summons in a Civil Action and Complaint with Exhibits, and Civil Cover Sheet served on Stacy Delarede on 11/30/2021. Document filed by Angelo Ruotolo. (ok)
December 14, 2021 Filing 12 AFFIDAVIT OF SERVICE of Civil Cover Sheet, Summons in a Civil Action, and Complaint served on Town of New Paltz on 11/22/2021. Service was accepted by Rosanna Rosenkranse, Town Clerk. Document filed by Angelo Ruotolo. (ok)
December 6, 2021 Filing 11 DECLARATION of Angelo Ruotolo in Opposition re: #10 Order to Show Cause. Document filed by Angelo Ruotolo. (ok)
November 19, 2021 Mailed a copy of #10 Order to Show Cause, to Angelo Ruotolo at 96 Pelham Drive, Cornwall, NY 12518. (dsh)
November 18, 2021 Opinion or Order Filing 10 ORDER: The Court directs Plaintiff to show cause within 21 days of the date of this order why the Court should not transfer this action, under 28 U.S.C. 1404(a), to the United States District Court for the Northern District of New York. A declaration form is attached to this order for Plaintiff's convenience. Plaintiff may use that form to comply with this order. If Plaintiff fails to comply with this order within the time allowed, or fails to show cause, the Court will transfer this action, under Section 1404(a), to the United States District Court for the Northern District of New York. Defendants are not required to respond to Plaintiff's complaint until after Plaintiff has complied with this order. The Court certifies, under 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 purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Cathy Seibel on 11/18/2021) (mml) Transmission to Docket Assistant Clerk for processing.
November 15, 2021 Filing 9 SUMMONS ISSUED as to Juan Figueroa. (sac)
November 15, 2021 Filing 8 SUMMONS ISSUED as to Neil Bettex. (sac)
November 15, 2021 Filing 7 SUMMONS ISSUED as to Kevin Barry. (sac)
November 15, 2021 Filing 6 SUMMONS ISSUED as to James Bacon. (sac)
November 15, 2021 Filing 5 SUMMONS ISSUED as to Mark Jaffee. (sac)
November 15, 2021 Filing 4 SUMMONS ISSUED as to Stacy Delarede. (sac)
November 15, 2021 Filing 3 SUMMONS ISSUED as to Town of New Paltz. (sac)
November 15, 2021 Filing 2 CIVIL COVER SHEET filed. (sac)
November 15, 2021 Filing 1 COMPLAINT against James Bacon, Kevin Barry, Neil Bettex, Stacy Delarede, Jane Doe, John Doe, Juan Figueroa, Mark Jaffee, Town of New Paltz. (Filing Fee $402.00, Receipt Number 465407018762) Document filed by Angelo Ruotolo. (Attachments: #1 Main Document, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit) (sac)
November 15, 2021 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)
November 15, 2021 Case Designated ECF. (sac)

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Search for this case: Ruotolo v. Town of New Paltz et al
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Plaintiff: Angelo Ruotolo
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Defendant: Town of New Paltz
Represented By: Alana Renee Bartley
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Defendant: Stacy Delarede
Represented By: Alana Renee Bartley
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Defendant: Mark Jaffee
Represented By: Alana Renee Bartley
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Defendant: Town Judge James Bacon
Represented By: Alana Renee Bartley
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Defendant: Town Attorney Kevin Barry
Represented By: Alana Renee Bartley
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Defendant: Town Supv. Neil Bettex
Represented By: Alana Renee Bartley
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Defendant: Sheriff Juan Figueroa
Represented By: Eric M. Kurtz
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Defendant: John Doe
Represented By: Eric M. Kurtz
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Defendant: Jane Doe
Represented By: Eric M. Kurtz
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