Marroccolo v. Coddington et al
| New York Northern District Court | |
| Judge: | Glenn T Suddaby |
| Referred: | Mitchell J Katz |
| Case #: | 6:24-cv-01091 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Sep 10, 2024 |
| Last checked: Sunday Mar 09, 2025 5:29 AM EDT |
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Defendant
Michelle Coddington
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Defendant
Unknown Herkimer County Police Officer
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| TERMINATED PARTIES | |
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Plaintiff
Angela Marroccolo
Terminated: 09/19/2024
Individually 760 East Monroe Street APT. G4
Little Falls, NY 13365 |
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GPO
Sep 16 2024
ORDER and REPORT-RECOMMENDATION: It is ORDERED, that plaintiff's motion to proceed IFP (Dkt. No. 2) be GRANTED, and it is RECOMMENDED, that the district court DISMISS the amended complaint (Dkt. No. 7) as asserted on behalf of K.M. without prejudice, but without leave to replead until K.M. is properly represented by counsel or reaches the age of majority, and it is RECOMMENDED, that the district court otherwise DISMISS the amended complaint (Dkt. No. 7) in its entirety, without prejudice to plaintiff filing a second amended complaint asserting plausible grounds supporting equitable tolling of the statute of limitations, and it is ORDERED, that plaintiff's letter motions requesting court issued subpoenas (Dkt. Nos. 3, 8) be DENIED as moot, and it is ORDERED, that the Clerk of the Court serve a copy of this Order and Report- Recommendation on plaintiff by regular mail. Signed by Magistrate Judge Mitchell J. Katz on September 16, 2024. (Copy served via regular mail)(ztc) |
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GPO
Feb 05 2025
DECISION AND ORDER that Magistrate Judge Katz's Report-Recommendation (Dkt. No. 9) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff's motion for leave to file a Second Amended Complaint (Dkt. No. 12) is DENIED without prejudice; and it is further ORDERED that Plaintiff's Amended Complaint (Dkt. No. 10) shall be DISMISSED with prejudice and without further Order of the Court UNLESS, within THIRTY (30) DAYS from the entry of this Decision and Order, Plaintiff files a SECOND AMENDED COMPLAINT that cures the pleading defects identified in this Decision and Order and Magistrate Judge Katz's Report-Recommendation; and it is further ORDERED that Plaintiff's Second Amended Complaint must be a complete pleading which shall not incorporate any portion of her prior pleadings by reference, and that Plaintiff's Second Amended Complaint will supersede her Amended Complaint in its entirety in all respects; and it is further ORDERED that, upon Plaintiff's filing of a Second Amended Complaint, it shall be referred to Magistrate Judge Katz for review of its pleading sufficiency. Signed by U.S. District Judge Glenn T Suddaby on 2/5/2025. (sal) |
| Docket last updated: 5 hours ago |
| Wednesday, April 16, 2025 | ||
| 20 | 20
respoth
Objection to Report and Recommendations
Thu 04/17 1:02 PM
OBJECTION to #19 Report and Recommendations by Angela Marroccolo Pro Se filed via MFT.(bas) |
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Att: 1
Exhibit(s) Chapter 4 of CPS Manual: Special Circumstances in Report Processing,
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Att: 2
Exhibit(s) Chapter 6 of CPS Manual: Child Protective Services Investigations,
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Att: 3
Exhibit(s) Chapter 9 (Submitted under Chapter 8 naming) of CPS Manual: Family COurt Proceedings,
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Att: 4
Exhibit(s) Chapter 9 of CPS Manual: Family Court Proceedings,
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Att: 5
Exhibit(s) Chapter 13 of CPS Manual: Confidentiality and Legal Setting,
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Att: 6
Exhibit(s) Exhibit 7 In Support of Plaintiffs Objection,
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Att: 7
Exhibit(s) Exhibit 14 In Support of Plaintiffs Objection,
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Att: 8
Exhibit(s) Exhibit 16 In Support of Plaintiffs Objection,
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Att: 9
Exhibit(s) Village of Herkimer Water and Sewer Financial Operations,
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Att: 10
Exhibit(s) 2023 Monitoring and Analysis Profiles with Selected Trend Data: 2019-2023,
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Att: 11
Exhibit(s) Office of the State Comptroller
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| Monday, April 07, 2025 | ||
| 19 | 19
motion
Report and Recommendations
Tue 04/08 9:30 AM
ORDER and REPORT-RECOMMENDATION: It is RECOMMENDED, that the District Court DISMISS WITH PREJUDICE the Second Amended Complaint (Dkt.18 ) as untimely, and it is further RECOMMENDED, that if the District Court determines that the action was timely commenced that it nevertheless be DISMISSED WITH PREJUDICE based on the Rooker-Feldman doctrine, the domestic relations doctrine and/or the Younger abstention doctrine; and it is further RECOMMENDED, that if the District Court determines that the action was timely commenced and is not otherwise barred by Rooker-Feldman , the domestic relations abstention doctrine and/or the Younger abstention doctrine, that: (1) Plaintiff's claims against Herkimer County be dismissed without prejudice and with leave to amend; (2) Plaintiff's claims against Defendants Burdick, Kruenke, and Mullville be dismissed without prejudice and with leave to amend; and (3) The Court direct Defendant Coddington and the unknown Herkimer County police respond to the Plaintiff's Fourteenth Amendment due process claim; and it is further RECOMMENDED, that if the District Judge accepts the recommendation in the immediately preceding paragraph, then plaintiff be given thirty (30) days from the date of the District Judges order, within which to submit a proposed fourth amended complaint to the Court for its consideration, and that Plaintiff be advised that any amended pleading must be a COMPLETE PLEADING, WHICH WILL SUPERCEDE THE THIRD AMENDED COMPLAINT, and that Plaintiff must include all the remaining facts and causes of action in the Fourth Amended Complaint. No facts or claims from the Third Amended Complaint may be incorporated by reference, and it is RECOMMENDED, that if the District Court adopts this Order and Report Recommendation, and Plaintiff files a proposed fourth amended complaint, the proposed pleading be returned to me for review, and it is ORDERED, that while Plaintiff may file objections to this Order and Report-Recommendation, before Plaintiff submits any amended pleading, they should wait for the District Court to rule on the above Orders and Recommendations. Signed by Magistrate Judge Mitchell J. Katz on 4/7/2025. (Objections to R&R due by 4/21/2025). (kck) |
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| Tuesday, February 25, 2025 | ||
| 18 | 18
cmp
Complaint
Tue 02/25 3:56 PM
SECOND AMENDED COMPLAINT against Michelle Coddington, Unknown Herkimer County Police Officer filed by Angela Marroccolo.(bas) |
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Att: 1
Exhibit 11,
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Att: 2
Certificate of Service,
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Att: 3
Proposed Summons for Ashley Mulliville,
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Att: 4
Proposed Summons for Herkimer County,
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Att: 5
Proposed Summons for Unknown Herkimer County Police Officer,
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Att: 6
Proposed Summons for Kristen Kruenke,
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Att: 7
Proposed Summons for Lisa Burdick,
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Att: 8
Proposed Summons for Michelle Coddington
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| Wednesday, February 05, 2025 | ||
| 17 | 17
7
pgs
order
Order on Report and Recommendations Order on Motion to Amend/Correct
Wed 02/05 12:41 PM
DECISION AND ORDER that Magistrate Judge Katz's Report-Recommendation (Dkt. No.9 ) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff's motion for leave to file a Second Amended Complaint (Dkt. No.12 ) is DENIED without prejudice; and it is further ORDERED that Plaintiff's Amended Complaint (Dkt. No.10 ) shall be DISMISSED with prejudice and without further Order of the Court UNLESS, within THIRTY (30) DAYS from the entry of this Decision and Order, Plaintiff files a SECOND AMENDED COMPLAINT that cures the pleading defects identified in this Decision and Order and Magistrate Judge Katz's Report-Recommendation; and it is further ORDERED that Plaintiff's Second Amended Complaint must be a complete pleading which shall not incorporate any portion of her prior pleadings by reference, and that Plaintiff's Second Amended Complaint will supersede her Amended Complaint in its entirety in all respects; and it is further ORDERED that, upon Plaintiff's filing of a Second Amended Complaint, it shall be referred to Magistrate Judge Katz for review of its pleading sufficiency. Signed by U.S. District Judge Glenn T Suddaby on 2/5/2025. (sal) |
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utility
Set Deadlines/Hearings
Wed 02/05 12:42 PM
Set Deadlines: Notice of Compliance Deadline 3/7/2025. Case Review Deadline 4/7/2025. (sal ) |
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| Wednesday, January 29, 2025 | ||
| 16 | 16
order
Order on Pro Se Motion for Permission to File Electronically in ECF
Wed 01/29 12:37 PM
TEXT ORDER granting the #11 Pro Se Motion for Permission to File Electronically in ECF. SO ORDERED by Magistrate Judge Mitchell J. Katz on 1/29/2025. (Copy served upon Pro Se Plaintiff via regular mail)(kck) |
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| Monday, January 27, 2025 | ||
| 15 | 15
misc
Letter Brief
Tue 01/28 9:55 AM
LETTER BRIEF in Support of Equitable Tolling by Angela Marroccolo. (tll) |
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| 14 | 14
misc
Pro Se ECF Registration Form
Tue 01/28 9:49 AM
Pro Se ECF Registration Form by Angela Marroccolo. (tll) |
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| Friday, January 17, 2025 | ||
| 13 | 13
order
Order ~Util - Set Deadlines
Fri 01/17 9:24 AM
TEXT ORDER: Plaintiff is directed to file the Pro Se CM/ECF Registration Form as required by General Order #22 in regard to their #11 Pro Se MOTION for Permission to File Electronically in ECF. Plaintiff is directed to comply with this Order by 1/31/2025. The Court will consider the motion upon compliance with this Order. SO ORDERED by Magistrate Judge Mitchell J. Katz on 1/17/2025. (Copy of Text Order and Registration Form served upon Pro Se Plaintiff via regular mail) (kck) |
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| Tuesday, November 12, 2024 | ||
| 12 | 12
motion
Amend/Correct
Tue 11/12 2:58 PM
MOTION for Leave to File SECOND AMENDED COMPLAINT filed by Angela Marroccolo. Motions referred to Magistrate Mitchell J. Katz. (ztc) |
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Att: 1
Proposed Second Amended Complaint,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Proposed Summons,
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Att: 7
Envelope
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| 11 | 11
motion
Pro Se Motion for Permission to File Electronically in ECF
Tue 11/12 2:19 PM
Pro Se MOTION for Permission to File Electronically in ECF filed by Angela Marroccolo. Motions referred to Mitchell J. Katz. (ztc) |
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| Thursday, September 19, 2024 | ||
| 10 | 10
cmp
Amended Complaint
Fri 09/20 10:44 AM
AMENDED COMPLAINT against Michelle Coddington and Unknown Herkimer County Police Officer filed by Angela Marroccolo, Individually.(ztc) |
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Att: 1
Medical Records Exhibits
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| Monday, September 16, 2024 | ||
| 9 | 9
motion
Report and Recommendations Order ~Util - Terminate Motions
Mon 09/16 1:58 PM
ORDER and REPORT-RECOMMENDATION: It is ORDERED, that plaintiff's motion to proceed IFP (Dkt. No.2 ) be GRANTED, and it is RECOMMENDED, that the district court DISMISS the amended complaint (Dkt. No.7 ) as asserted on behalf of K.M. without prejudice, but without leave to replead until K.M. is properly represented by counsel or reaches the age of majority, and it is RECOMMENDED, that the district court otherwise DISMISS the amended complaint (Dkt. No. 7) in its entirety, without prejudice to plaintiff filing a second amended complaint asserting plausible grounds supporting equitable tolling of the statute of limitations, and it is ORDERED, that plaintiff's letter motions requesting court issued subpoenas (Dkt. Nos.3 ,8 ) be DENIED as moot, and it is ORDERED, that the Clerk of the Court serve a copy of this Order and Report- Recommendation on plaintiff by regular mail. Signed by Magistrate Judge Mitchell J. Katz on September 16, 2024. (Copy served via regular mail)(ztc) |
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| Thursday, September 12, 2024 | ||
| 8 | 8
motion
Letter Request/Motion
Thu 09/12 2:32 PM
AMENDED Letter Motion filed by Angela Marroccolo requesting a Court Issued Subpoena submitted to Magistrate Judge Mitchell J. Katz. (ztc) |
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| 7 | 7
cmp
Amended Complaint
Thu 09/12 2:07 PM
AMENDED COMPLAINT against Michelle Coddington and Unknown Herkimer County Police Officer filed by Angela Marroccolo.(ztc) |
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| 6 | 6
notice
Notice - Other
Thu 09/12 1:59 PM
DUPLICATE COPIES filed by Angela Marroccolo re5 Request for Issuance of Summons(es), and1 Civil Cover Sheet via Regular Mail. (ztc) |
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| Wednesday, September 11, 2024 | ||
| 5 | 5
service
Request for Issuance of Summons(es)
Wed 09/11 1:14 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Angela Marroccolo is requesting summons(es) be issued as to Michelle Coddington. {Filed via MFT on September 11, 2024.} (ztc) |
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misc
Docket Annotation
Wed 09/11 2:52 PM
Clerk attached the Civil Cover Sheet filed by Pro Se Plaintiff Angela Marroccolo via MFT on 9/11/2024 to the1 Complaint. Clerk notes that Plaintiff states this matter is related to 6:24-cv-1068 and 6:22-cv-1301 on the Civil Cover Sheet. (ztc) |
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| Tuesday, September 10, 2024 | ||
| 4 | 4
misc
Pro Se Handbook and Notice Issued
Tue 09/10 3:55 PM
PRO SE HANDBOOK, NOTICE, and LOCAL RULES issued to Plaintiff Angela Marroccolo via Regular Mail. (ztc) |
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| 3 | 3
motion
Letter Request/Motion
Tue 09/10 3:54 PM
Letter Motion filed by Angela Marroccolo requesting a Court Issued Subpoena submitted to Magistrate Judge Mitchell J. Katz. (ztc) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Tue 09/10 3:52 PM
MOTION for Leave to Proceed in forma pauperis filed by Angela Marroccolo. Motions referred to Magistrate Judge Mitchell J. Katz. (ztc) |
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| 1 | 1
cmp
Complaint
Tue 09/10 3:51 PM
COMPLAINT against Michelle Coddington and Unknown Herkimer County Police Officer filed by Angela Marroccolo.(ztc) |
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Att: 1
Envelope
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misc
Text Notice of Filing Deficiency
Tue 09/10 3:58 PM
TEXT NOTICE OF FILING DEFICIENCY as to Angela Marroccolo regarding the1 Complaint. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: A Proposed Summons for Defendant Michelle Coddington and a Civil Cover Sheet were not included with the filing of the Complaint. Pro Se Plaintiff is directed to file the proposed summons within 3 days of this notice. Notice of Filing Deficiency Deadline 9/13/2024. (Served via Regular Mail with a Blank Summons and Blank Civil Cover Sheet) (ztc) |
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