Estremera v. City of Beacon et al
| Bridget Estremera |
| City of Beacon, Jason Walden, Ryan Sambells and Robert Sellick |
| 7:2023cv02294 |
| March 17, 2023 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 23
ORDER: On May 9, 2023, defendants filed a motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(5) and 12(b)(6). (Doc. #20). Accordingly, it is hereby ORDERED that, by no later than May 19, 2023, plaintiff must notify the Court by letter whether she (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 defendants' 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, she must file the amended complaint by no later than 14 days after notifying the Court of her 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 the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 5/10/2023) (ks)
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Filing 22
MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden..(Lee, Kimberly)
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Filing 21
AFFIDAVIT of Kimberly Hunt Lee, Esq. in Support re: #20 MOTION to Dismiss .. Document filed by City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden. (Attachments: #1 Exhibit A - Phillips Affidavit).(Lee, Kimberly)
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Filing 20
MOTION to Dismiss . Document filed by City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden..(Lee, Kimberly)
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Filing 19
AFFIDAVIT OF SERVICE of Summons and Complaint. Robert Sellick served on 3/24/2023, answer due 4/14/2023. Service was accepted by Sgt. Phillips. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 18
AFFIDAVIT OF SERVICE of Summons and Complaint. Ryan Sambells served on 3/24/2023, answer due 4/14/2023. Service was accepted by Sgt. Phillips. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 17
AFFIDAVIT OF SERVICE of Summons and Complaint. Jason Walden served on 3/24/2023, answer due 4/14/2023. Service was accepted by Sgt. Phillips. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 16
AFFIDAVIT OF SERVICE of Summons and Complaint. City of Beacon served on 3/24/2023, answer due 4/14/2023. Service was accepted by Ben Swanson. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 15
NOTICE OF APPEARANCE by David Lewis Posner on behalf of City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden..(Posner, David)
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Filing 14
ORDER granting #13 Letter Motion: By 5/9/2023, defendants shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (lrc)
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Filing 13
LETTER MOTION for Extension of Time to answer or move with respect to the complaint addressed to Judge Vincent L. Briccetti from Kimberly Hunt Lee, Esq. dated April 3, 2023. Document filed by City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden..(Lee, Kimberly)
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Filing 12
NOTICE OF APPEARANCE by Kimberly Hunt Lee on behalf of City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden..(Lee, Kimberly)
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Filing 11
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)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Robert Sellick. (vf)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Ryan Sambells. (vf)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Jason Walden. (vf)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to City of Beacon. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Robert Goldman. 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. (vf)
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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. (vf)
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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..(vf)
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Case Designated ECF. (vf)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Robert Sellick, re: #1 Complaint. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Ryan Sambells, re: #1 Complaint. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Jason Walden, re: #1 Complaint. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to City of Beacon, re: #1 Complaint. Document filed by Bridget Estremera..(Goldman, Jonathan)
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Filing 2
CIVIL COVER SHEET filed..(Goldman, Jonathan)
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Filing 1
COMPLAINT against City of Beacon, Ryan Sambells, Robert Sellick, Jason Walden. (Filing Fee $ 402.00, Receipt Number ANYSDC-27483988)Document filed by Bridget Estremera..(Goldman, Jonathan)
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