Potanovic, Jr. v. Town of Stony Point
George Potanovic, Jr. |
Town of Stony Point |
7:2022cv03293 |
April 22, 2022 |
US District Court for the Southern District of New York |
Vincent L Briccetti |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Docket Report
This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 12 ORDER: On June 16, 2022, defendant moved to dismiss the complaint. (Doc. #10). Accordingly, it is hereby ORDERED that, by no later than June 27, 2022, 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. 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 Cap. 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 do so 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; (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. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/17/2022) (tg) |
Filing 11 ORDER terminating #6 Letter Motion for Extension of Time to Answer re #6 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from John W. Bailey dated 05/17/2022.. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) |
Filing 10 MOTION to Dismiss . Document filed by Town of Stony Point. Responses due by 7/12/2022 Return Date set for 7/29/2022 at 09:30 AM. (Attachments: #1 Supplement Memorandum of Law).(Peck, Crystal) |
Filing 9 NOTICE OF APPEARANCE by Crystal R Peck on behalf of Town of Stony Point..(Peck, Crystal) |
Filing 8 ORDER granting #7 Letter Motion for Extension of Time to Answer: Defendant's time to answer, move, or otherwise respond to the complaint is extended to 6/16/2022. Going forward, defendant's counsel shall comply with Paragraph 1.G of Judge Briccetti's Individual Practices when filing requests for adjournments or extensions of time, including stating whether plaintiff consents to defendant's request, and if not, the reasons given by plaintiff for refusing to consent. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) |
Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from John W. Bailey dated 05/17/2022. Document filed by Town of Stony Point..(Bailey, John) |
Filing 6 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from John W. Bailey dated 05/17/2022. Document filed by Town of Stony Point..(Bailey, John) |
Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Town of Stony Point served on 4/28/2022, answer due 5/19/2022. Service was accepted by Holli Finn, Dep. Clerk. Document filed by George Potanovic, Jr...(Goldman, Jonathan) |
Filing 4 ELECTRONIC SUMMONS ISSUED as to Town of Stony Point. (vf) |
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..(vf) |
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. (vf) |
Case Designated ECF. (vf) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Town of Stony Point, re: #1 Complaint. Document filed by George Potanovic, Jr...(Goldman, Jonathan) |
Filing 2 CIVIL COVER SHEET filed..(Goldman, Jonathan) |
Filing 1 COMPLAINT against Town of Stony Point. (Filing Fee $ 402.00, Receipt Number ANYSDC-26044392)Document filed by George Potanovic, Jr...(Goldman, Jonathan) |
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Plaintiff: George Potanovic, Jr. | |
Represented By: | Jonathan Robert Goldman |
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Defendant: Town of Stony Point | |
Represented By: | Crystal R Peck |
Represented By: | John William Bailey |
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