Johnson v. City of Newburgh et al
| RAJOHINE JOHNSON |
| City of Newburgh, Anthony Geraci, KEVIN JODICE, MID HUDSON NEWS, The City of Newburgh, Chief Police Anthony Geraci, Police Officer Kevin Jodice and The Mid Hudson News |
| 7:2022cv04450 |
| May 30, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Other |
| 28 U.S.C. § 1331 ef Fed. Question: Civil Rights Violation (Excess Force) |
| None |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER: Accordingly, it is hereby ORDERED that, by no later than August 5, 2022, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motions to dismiss, or (ii) will rely on the complaint that is the subject of the motions to dismiss. If plaintiff elects not to file an amended complaint, the motions 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 defendants' motions. 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, 8990 (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, defendants 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 they are relying on their initially filed motions to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/27/2022) (mml)
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Filing 26
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh..(Posner, David)
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Filing 25
AFFIDAVIT of Anthony Geraci in Support re: #23 MOTION to Dismiss .. Document filed by Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh. (Attachments: #1 Exhibit A, #2 Exhibit B).(Posner, David)
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Filing 24
AFFIDAVIT of David L. Posner, Esq. in Support re: #23 MOTION to Dismiss .. Document filed by Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh. (Attachments: #1 Exhibit A).(Posner, David)
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Filing 23
MOTION to Dismiss . Document filed by Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh..(Posner, David)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Answer: By 7/27/2022, defendants City of Newburgh, Officer Jodice, and Police Chief Garci shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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Filing 21
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from David L. Posner, Esq. dated July 11, 2022. Document filed by Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh..(Posner, David)
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Filing 20
NOTICE OF APPEARANCE by Kimberly Hunt Lee on behalf of Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh..(Lee, Kimberly)
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Filing 19
NOTICE OF APPEARANCE by David Lewis Posner on behalf of Anthony Geraci(Individually), Anthony Geraci(As employee of the City of Newburgh Police Department), Kevin Jodice, Kevin Jodice, The City of Newburgh..(Posner, David)
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Filing 18
ORDER deferring ruling on #14 Motion to Dismiss: In the interest of judicial efficiency, the deadline for plaintiff to oppose defendant the Mid Hudson News' motion to dismiss (Doc. #14) is STAYED until counsel for the other defendants appear in this case and either answer the complaint or move to dismiss, at which time the Court will determine how best to proceed. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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Filing 17
AFFIDAVIT of Hank Gross in Support re: #14 MOTION to Dismiss Complaint Pursuant to Rule 12 (b) (6).. Document filed by The Mid Hudson News..(Sussman, Michael)
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Filing 16
AFFIRMATION of Michael H. Sussman, Esq in Support re: #14 MOTION to Dismiss Complaint Pursuant to Rule 12 (b) (6).. Document filed by The Mid Hudson News..(Sussman, Michael)
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Filing 15
MEMORANDUM OF LAW in Support re: #14 MOTION to Dismiss Complaint Pursuant to Rule 12 (b) (6). . Document filed by The Mid Hudson News..(Sussman, Michael)
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Filing 14
MOTION to Dismiss Complaint Pursuant to Rule 12 (b) (6). Document filed by The Mid Hudson News. Responses due by 7/15/2022 Return Date set for 7/22/2022 at 10:00 AM..(Sussman, Michael)
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Filing 13
NOTICE OF APPEARANCE by Michael Howard Sussman on behalf of The Mid Hudson News..(Sussman, Michael)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. The Mid Hudson News served on 6/8/2021, answer due 6/29/2021. Service was accepted by Hank Ross. Document filed by Rajohine Johnson..(Konan, Ryanne)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint,. Kevin Jodice served on 6/7/2022, answer due 6/28/2022; Kevin Jodice served on 6/7/2022, answer due 6/28/2022. Service was made by mail. Document filed by Rajohine Johnson..(Konan, Ryanne)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Anthony Geraci. Document filed by Rajohine Johnson..(Konan, Ryanne)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint,. Anthony Geraci(Individually) served on 6/8/2022, answer due 6/29/2022; Anthony Geraci(As employee of the City of Newburgh Police Department) served on 6/8/2022, answer due 6/29/2022. Service was accepted by Anthony Geraci. Document filed by Rajohine Johnson..(Konan, Ryanne)
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Complaint,. The City of Newburgh served on 6/7/2022, answer due 6/28/2022. Service was accepted by LISETTE ACOSTA. Document filed by Rajohine Johnson..(Konan, Ryanne)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Anthony Geraci, Kevin Jodice, The Mid Hudson News. (vf)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to The City of Newburgh, Chief Police Anthony Geraci, Police Officer Kevin Jodice, The Mid Hudson News, re: #1 Complaint,. Document filed by Rajohine Johnson..(Konan, Ryanne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ryanne Guy Konan to RE-FILE Document No. #5 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; Plaintiff's name must match exactly as pleading, Plaintiff's attorney information omitted on PDF. 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)
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Filing 5
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to The City of Newburgh, Chief Police Anthony Geraci, Police Officer Kevin Jodice, The Mid Hudson News, re: #1 Complaint. Document filed by Rajohine Johnson..(Konan, Ryanne) Modified on 6/1/2022 (sj).
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Filing 4
CIVIL COVER SHEET filed..(Konan, Ryanne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ryanne Guy Konan to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): Origin was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ryanne Guy Konan. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Dutchess;. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ryanne Guy Konan. The party information for the following party/parties has been modified: City of Newburgh, Anthony Geraci(INDIVIDUALLY), Anthony Geraci(OFFICIAL CAPACITY), KEVIN JODICE(INDIVIDUALLY), KEVIN JODICE, KEVIN JODICE(OFFICIAL CAPACITY), MID HUDSON NEWS, RAJOHINE JOHNSON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ryanne Guy Konan to RE-FILE Document No. #2 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; Use the standard AO 440 summons form, not the FIOA summons;. 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. (pc)
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Case Designated ECF. (pc)
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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)
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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. (pc)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Konan, Ryanne) Modified on 5/31/2022 (pc).
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Filing 2
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEWBURGH, CHIEF POLICE ANTHONY GERACI, POLICE OFFICER KEVIN JODICE, MID HUDSON NEWS, re: #1 Complaint,. Document filed by RAJOHINE JOHNSON..(Konan, Ryanne) Modified on 5/31/2022 (pc).
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Filing 1
COMPLAINT against City of Newburgh, Anthony Geraci(INDIVIDUALLY), Anthony Geraci(OFFICIAL CAPACITY), KEVIN JODICE(INDIVIDUALLY), KEVIN JODICE, KEVIN JODICE(OFFICIAL CAPACITY), MID HUDSON NEWS. (Filing Fee $ 402.00, Receipt Number ANYSDC-26211923)Document filed by RAJOHINE JOHNSON..(Konan, Ryanne)
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