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16-534 - Lath v. Manchester Police Department et al


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16-534 - Lath v. Manchester Police Department et al
March 23, 2017
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///ORDER granting 27 Motion to Dismiss; granting in part 33 Motion to Dismiss for Failure to State a Claim. This case now consists of Causes 1-3, any claims asserted in Causes 4-14 against Dufresne and Boufford, Cause 17 as to Vachon, any claims asserted in Causes 15-19 against any defendant other than Mullen, Cox, and the nine defendants, and Causes 20-27. Because none of the causes of action remaining in this case assert claims against the Association, Cheryl Vallee, Perry Vallee, Taylor, Klardie, Mullen, Rodriguez, Mills, Cox, or Morey, those defendants are all dismissed from this case. So Ordered by Judge Landya B. McCafferty.(gla)
May 4, 2017
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ORDER denying without prejudice 77 Motion for Leave to File Supplemental Complaint. Plaintiffs motion for leave to file a first supplemental complaint, document no. 77, is denied, but without prejudice to Laths filing a Rule 15(d) motion in 16-cv-463-LM So Ordered by Judge Landya B. McCafferty.(gla)
June 12, 2017
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///ORDER granting 95 Motion to Dismiss. Bouffords motion to dismiss is granted, and he is dismissed from the case. So Ordered by Judge Landya B. McCafferty.(gla)
August 16, 2017
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ORDER denying 50 Motion for Default Judgment; granting in part and denying in part 116 Motion to Dismiss. Dufresnes motion to set aside his default is granted to the extent that his default is set aside, but is denied to the extent that he seeks dismissal of the claims against him. That denial is without prejudice to Dufresnes filing a proper motion to dismiss Causes 17 and 19, pursuant to Rule 12(b)(6). So Ordered by Judge Landya B. McCafferty.(gla)
August 28, 2017
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///ORDER granting 101 Motion for Summary Judgment. Vachon is dismissed from the case. So Ordered by Judge Landya B. McCafferty.(gla)
October 19, 2017
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///ORDER granting 137 Motion to Dismiss for Failure to State a Claim. The ยง 1983 claim that Lath asserts against the City in Cause 1 is dismissed. Dismissal, however, is without prejudice to Lath's filing a motion for leave to amend his FAC, within 20 days of the date of this order, to assert a Monell claim against the City. In asserting such a claim, Lath must clearly identify (1) the alleged unconstitutional conduct of the [City]'s employees; and (2) how the employees' conduct was the result of a policy or custom of the [City]. If Lath does not file a motion for leave to amend within 20 days of the date of this order, or if he files such a motion but fails to adequately state a Monell claim, the court will dismiss Cause 1 with prejudice. So Ordered by Judge Landya B. McCafferty.(de) Modified on 10/20/2017 to add: /// (de).
December 14, 2017
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///ORDER granting in part and denying in part 183 Motion to Dismiss. So Ordered by Judge Landya B. McCafferty.(gla)
April 9, 2018
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ORDER denying 234 Motion to Amend 24 Amended Complaint (to add a claim of Defamation against Defendant Gerard Dufresne). So Ordered by Judge Landya B. McCafferty.(gla)
April 17, 2018
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///ORDER denying 152 Motion to Amend 1 Complaint, granting 244 Motion to Clarify 149 Order on Motion to Dismiss. The City is dismissed as a defendant, and Dufresne is also dismissed from this case. So Ordered by Judge Landya B. McCafferty.(gla)
April 17, 2018
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ORDER denying 220 Motion for Summary Judgment; denying as moot 264 Motion to Strike 263 Surreply to Reply. So Ordered by Judge Landya B. McCafferty.(gla)
April 17, 2018
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ORDER denying 221 Motion for Summary Judgment; denying as moot 253 Motion to Strike; denying as moot 254 Motion to Strike; denying as moot 256 Motion to Strike; denying as moot 265 Motion to Strike. Lath shall have 20 days from the date of this order to show cause why Causes 20 and 23 should not be dismissed for failure to state a claim upon which relief can be granted. So Ordered by Judge Landya B. McCafferty.(gla)
July 17, 2018
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ORDER granting 313 Motion for Leave to File Second Amended Answer; denying 315 Motion to Strike. So Ordered by Judge Landya B. McCafferty.(gla)
July 17, 2018
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ORDER granting in part and denying in part 332 Motion for Reconsideration re 331 Order; granting 335 Motion for Leave to File. The motion for reconsideration is granted as to Lath's claims against the City and Dufresne, but is denied as to his claims against BMS CAT and Amica. So Ordered by Judge Landya B. McCafferty.(gla)