Rutsch et al v. Ontario County et al
| Sharon Rutsch, Abigail Spicer and Andrew Spicer |
| Ontario County, Investigator Nathan Bowerman, Unknown ERT Officer, Ontario County Sheriff's Office, Sheriff Philip Povero, John Doe(s) and Unknown ERT Commander |
| 6:2022cv06369 |
| August 30, 2022 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 13 TEXT ORDER. In light of Plaintiffs' filing of an amended complaint (Dkt. 7), which Defendants have now answered (Dkt. 12), Defendants' motion to dismiss the original complaint (Dkt. 5) is denied as moot. See Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 303-04 (2d Cir. 2020) ("[W]hen a plaintiff properly amends her complaint after a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint."). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/28/2022. (MGB) |
| Filing 12 ANSWER to #7 Amended Complaint, by Nathan Bowerman, Ontario County, Philip Povero. (Attachments: #1 Certificate of Service)(Nacca, Joseph) |
| Filing 11 STIPULATION EXECUTED - SETTING RESPONSE DATE TO AMENDED S&C, by Nathan Bowerman, Ontario County, Philip Povero. (Nacca, Joseph) |
| Filing 10 STIPULATION SETTING RESPONSE DATE TO AMENDED S&C, by Nathan Bowerman, Ontario County, Philip Povero. (Nacca, Joseph) |
| Filing 9 Summons Issued as to Sheriff Philip Povero. (RE) |
| Filing 8 AMENDED DOCUMENT by Sharon Rutsch, Abigail Spicer, Andrew Spicer. Amendment to #7 Amended Complaint, Proposed Summons. (Attachments: #1 Civil Cover Sheet Amended)(LaVeglia, Chad) |
| Filing 7 AMENDED COMPLAINT against Nathan Bowerman, Ontario County, Ontario County Sheriff Philip Povero, John Does 1-5, Unknown ERT Commander, filed by Sharon Rutsch, Andrew Spicer, Abigail Spicer. (Attachments: #1 Affidavit Affirmation)(LaVeglia, Chad) |
| Filing 6 TEXT ORDER re #5 Motion to Dismiss for Failure to State a Claim. Responses are due on or before October 17, 2022. Replies are due on or before October 24, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/26/2022. (MGB) |
| Filing 5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nathan Bowerman, Ontario County, Ontario County Sheriff's Office. (Attachments: #1 Declaration Attorney Declaration in Support of Motion to Dismiss, #2 Exhibit Exhibit 1 to Attorney Declaration in Support of Motion to Dismiss- Ltr to DA Ritts, #3 Memorandum in Support Memorandum of Law in Support of Motion to Dismiss, #4 Certificate of Service Certificate of Service)(Nacca, Joseph) |
| Filing 4 NOTICE of Appearance by Nathan James Thomas on behalf of Nathan Bowerman, Ontario County, Ontario County Sheriff's Office (Thomas, Nathan) |
| Filing 3 NOTICE of Appearance by Joseph S. Nacca on behalf of Nathan Bowerman, Ontario County, Ontario County Sheriff's Office (Nacca, Joseph) |
| Filing 2 Summons Issued as to Nathan Bowerman, Unknown ERT Officer, Ontario County, Ontario County Sheriff's Office. (TMK) |
| Filing 1 COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4661959, filed by Sharon Rutsch, Andrew Spicer, Abigail Spicer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(LaVeglia, Chad) |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK) |
| 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. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
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