Loria v. Desain et al

Plaintiff: Theodore E. Loria
Defendant: Town of Brighton, New York, Michael Desain and Taylor Barth
Case Number: 6:2018cv06541
Filed: July 20, 2018
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Monroe
Presiding Judge: Charles J Siragusa
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2018 E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required re #10 Acknowledgment of Service PR (TF)
September 7, 2018 E-Filing Notification: #10 Acknowledgment of Service/summons returned executed. Modified entry on 9/7/2018 (TF)
September 6, 2018 RE #10 - SUMMONS Returned Executed by Theodore E. Loria. Taylor Barth served on 9/6/2018, answer due 9/27/2018; Michael Desain served on 9/6/2018, answer due 9/27/2018; Town of Brighton, New York served on 9/6/2018, answer due 9/27/2018. (TF)
September 6, 2018 Filing 10 Acknowledgment of Service/summons returned executed by Theodore E. Loria. All Defendants. (Attachments: #1 Affidavit)(Parrinello, John) Modified on 9/7/2018 (TF).
September 5, 2018 Filing 9 TEXT ORDER re #4 MOTION to Dismiss filed by Town of Brighton, New York, Michael Desain, Taylor Barth, #8 First MOTION to Amend/Correct filed by Theodore E. Loria. Plaintiff has moved, ECF No. 8, to amend the summons and for an extension of time to respond to the defense motion to dismiss. He further represents, ECF No. 8, para. 29, that Defendants do not object to his applications, but do not waive their motion to dismiss, ECF No. 4. Accordingly, it is hereby ORDERED, that Plaintiff's application to amend the summons pursuant to Fed. R. Civ. P. 4(a)(2), and for an extension, ECF No. 4, is granted, nunc pro tunc, to September 4, 2018. Plaintiff may serve the amended papers and shall have until September 26, 2018, to file a response to the defense motion to dismiss. Any reply to the response will be due on October 5, 2018. Oral argument remains scheduled for January 31, 2019, at 2:15 p.m. Signed by Hon. Charles J. Siragusa on 9/5/2018. (KJA)
August 29, 2018 Filing 8 First MOTION to Amend/Correct by Theodore E. Loria. (Attachments: #1 Exhibit A & B, #2 Certificate of Service)(Parrinello, John)
August 29, 2018 Filing 7 NOTICE of Appearance by John R. Parrinello on behalf of Theodore E. Loria (Attachments: #1 Certificate of Service)(Parrinello, John)
August 27, 2018 Summons Reissued as to Taylor Barth, Michael Desain, Town of Brighton, New York. (TF)
August 14, 2018 Filing 6 NOTICE of Appearance by Eugene Welch on behalf of Taylor Barth, Michael Desain, Town of Brighton, New York (Welch, Eugene)
August 14, 2018 Filing 5 MOTION SCHEDULING ORDER re #4 MOTION to Dismiss filed by Town of Brighton, New York, Michael Desain, Taylor Barth, ( Responses due by 9/5/2018., Replies due by 9/19/2018. Motion Hearing set for 1/31/2019 02:15 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 8/14/18. Copy of this NEF and motion scheduling order mailed to pro se plaintiff at 1848 North Goodman Street, Rochester, NY 14609.(KAP)
August 13, 2018 Filing 4 MOTION to Dismiss by Taylor Barth, Michael Desain, Town of Brighton, New York. (Attachments: #1 Declaration, #2 Affidavit Aman Affidavit, #3 Memorandum in Support, #4 Certificate of Service)(Laskowski, Letty)
August 2, 2018 Filing 3 SUMMONS Returned Executed by Theodore E. Loria. Taylor Barth summonses served on 7/31/2018, answer due 8/21/2018; Michael Desain served on 7/31/2018, answer due 8/21/2018; Town of Brighton, New York served on 7/31/2018, answer due 8/21/2018. (TF)
July 27, 2018 E-Filing Notification: Summons Issued as to Taylor Barth, Michael Desain and Town of Brighton, New York. Modified entry on 7/27/2018 (TF)
July 26, 2018 Filing 2 SUMMONS Returned Executed by Theodore E. Loria. Taylor Barth served on 7/23/2018, answer due 8/13/2018; Michael Desain served on 7/23/2018, answer due 8/13/2018; Town of Brighton, New York served on 7/23/2018, answer due 8/13/2018. (TF)
July 24, 2018 Summons Issued as to Taylor Barth, Michael Desain and Town of Brighton, New York. Issued and mailed to plaintiff on this day. Modified on 7/27/2018 (TF).
July 24, 2018 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Consent form, privacy notice, pro se assistance program info, civil case timeline and ADR notification given to plaintiff at the counter. (TF)
July 20, 2018 Filing 1 COMPLAINT against Taylor Barth, Michael Desain, filed by Theodore E. Loria.(TF)
July 20, 2018 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)
July 20, 2018 Filing fee: $ 400.00, receipt number ROC010695 (TF)

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Defendant: Town of Brighton, New York
Represented By: Letty L. Laskowski
Represented By: Eugene Welch
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Defendant: Michael Desain
Represented By: Letty L. Laskowski
Represented By: Eugene Welch
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Defendant: Taylor Barth
Represented By: Letty L. Laskowski
Represented By: Eugene Welch
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Plaintiff: Theodore E. Loria
Represented By: John R. Parrinello
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