Booker et al v. Price et al
Plaintiff: Darien I. Booker and Rachael M. Cunningham
Defendant: David Price and Michael Napierala
Case Number: 1:2022cv00205
Filed: March 14, 2022
Court: US District Court for the Western District of New York
Presiding Judge: Leslie G Foschio
Referring Judge: John L Sinatra
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2022 Filing 8 REPLY to Response to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Rule 12 (b) Memorandum of Law in Further Support filed by Michael Napierala, David Price. (Attachments: #1 Certificate of Service)(Apter, Julie)
April 22, 2022 Filing 7 RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Rule 12 (b) filed by Darien I. Booker, Rachael M. Cunningham. (SG)
April 19, 2022 Filing 6 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/19/2022. (KLH) Copy mailed to pro se plaintiffs.
April 18, 2022 Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Rule 12 (b) by Michael Napierala, David Price. (Attachments: #1 Declaration in Support of Motion to Dismiss Complaint Under Rule 12(b), #2 Memorandum in Support, #3 Certificate of Service)(Apter, Julie)
April 13, 2022 Filing 4 SUMMONS Returned Executed by Darien I. Booker. Michael Napierala served on 4/5/2022, answer due 4/26/2022; David Price served on 3/28/2022, answer due 4/18/2022. (SG)
April 12, 2022 Filing 3 NOTICE of Appearance by Julie P. Apter on behalf of All Defendants (Attachments: #1 Certificate of Service)(Apter, Julie)
March 23, 2022 Summons Issued as to Michael Napierala, David Price and mailed to Plaintiff. (SG)
March 23, 2022 Filing fee: $402.00, receipt number BUF075187 (SG)
March 16, 2022 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)
March 16, 2022 Pro Se Packet Mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, Pro Se Assistance Program Information and ADR Notification. (SG)
March 14, 2022 Filing 2 EXHIBIT-MANUALLY FILED CD of Body Cam Footage by Darien I. Booker, Rachael M. Cunningham re #1 Complaint. (SG)
March 14, 2022 Filing 1 COMPLAINT against Michael Napierala, David Price, filed by Darien I. Booker, Rachael M. Cunningham.(SG)

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Plaintiff: Darien I. Booker
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Plaintiff: Rachael M. Cunningham
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Defendant: David Price
Represented By: Julie P. Apter
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Defendant: Michael Napierala
Represented By: Julie P. Apter
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