Case: McDonough v. Smith, III

1:15-cv-01505 | U.S. District Court for the Northern District of New York

Filed Date: Dec. 18, 2015

Closed Date: Aug. 11, 2022

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Case Summary

On December 18, 2015, almost three years after the former Rensselaer County Democratic Elections Commissioner was acquitted in state court of forging absentee ballots in a local primary election, he filed this suit against the County of Rensselaer and multiple individuals who he alleged were involved in his prosecution, including the Special District Attorney for the County. The plaintiff filed this suit in the U.S. District Court for the Northern District of New York under 42 U.S.C. § 1983 for violations of the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Specifically, the plaintiff alleged malicious prosecution without probable cause and argued that the Special District Attorney fabricated evidence to pursue criminal charges against him. The plaintiff sought compensatory and punitive damages, medical expenses and costs, and attorneys’ fees. U.S. District Judge Mae A. D’Agostino presided over this case.

On September 30, 2016, the district court ruled on multiple motions to dismiss, dismissing five defendants from the action, and granting in part and denying in part another defendant’s motion to dismiss. While the district court found that the plaintiff had adequately pleaded facts to support a malicious prosecution claim against one of the defendants, the court dismissed the plaintiff’s fabrication of evidence claims against all the defendants on statute of limitations grounds. Three months later, the district court ruled on three more motions to dismiss. First, the court dismissed the County as a defendant, reasoning that a municipality cannot be held liable solely based on the actions of city employees. The court also dismissed the Special District Attorney as a defendant, finding that he was entitled to absolute prosecutorial immunity. Lastly, the court granted in part and denied in part the motion to dismiss by a defendant who was assigned to assist the Special District Attorney in the investigation of the plaintiff. The court found that the defendant was entitled to absolute immunity for his grand jury and trial testimony. However, it also found that plaintiff had sufficiently alleged that the defendant acted in conjunction with the Special District Attorney to maliciously prosecute the plaintiff by ignoring or failing to obtain evidence that would have incriminated other defendants in order to continue prosecuting the plaintiff. 2016 WL 7496128.

On January 27, 2017, the plaintiff appealed both the district court’s dismissal of his fabrication of evidence claim and the court’s finding that the Special District Attorney was entitled to absolute immunity for the malicious prosecution claim. On August 3, 2018, the U.S. Court of Appeals for the Second Circuit upheld the district court’s holding that the Special District Attorney was entitled to absolute immunity for the malicious prosecution claim given that the malicious prosecution claim related to actions he took while acting in a prosecutorial capacity. The Second Circuit also held that the fabricated-evidence claim was properly dismissed as untimely given that the limitations period began to run when the plaintiff was arrested and stood trial, not when the plaintiff was acquitted. 898 F.3d 259.

The plaintiff subsequently appealed to the U.S. Supreme Court, which granted certiorari to resolve the question of when the statute of limitations for a fabricated-evidence claim begins to run. The district court stayed discovery and further proceedings pending the Supreme Court’s decision. On June 19, 2019, the Supreme Court held that the limitations period began to run when the criminal proceedings against the plaintiff terminated in his favor, and thus reversed and remanded the case. 588 U.S. 109.

The plaintiff filed an amended complaint on June 8, 2020, against five defendants, alleging that they fabricated evidence against him and maliciously prosecuted him without probable cause, and that both of those actions violated the Fourth, Fifth, Sixth, and Fourteenth Amendment rights. However, on October 30, 2020, the plaintiff voluntarily dismissed the amended complaint against four defendants, leaving the Special District Attorney as the only remaining defendant.

The Special District Attorney subsequently moved to dismiss and, in the alternative, moved for summary judgment. On August 11, 2022, the district court granted the Special District Attorney’s motion for summary judgment, dismissed the plaintiff’s amended complaint with prejudice, and ordered judgment in favor of the defendant, finding that nothing in the record suggested that the defendant fabricated evidence or coerced individuals into perjuring themselves. 2022 WL 3279348.

This case is now closed.

Summary Authors

Saba Khan (5/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5605532/parties/mcdonough-v-smith-iii/

Judge(s)

D'Agostino, Mae Avila (New York)

Attorney for Plaintiff

Attorney for Defendant

Becher, Robert A. (New York)

Long, James E. (New York)

Moschetti, Peter J. (New York)

Expert/Monitor/Master/Other

Bailey, John W. (New York)

Judge(s)

D'Agostino, Mae Avila (New York)

Attorney for Plaintiff

Premo, Brian D. (New York)

Attorney for Defendant

Becher, Robert A. (New York)

Long, James E. (New York)

Moschetti, Peter J. (New York)

O'Connor, Thomas J. (New York)

Rehfuss, Abigail W. (New York)

Rehfuss, Stephen J. (New York)

Renna, Anthony J. (New York)

Resila, James A. (New York)

Schilling, Diane Lufkin (New York)

Scott, William A. (New York)

Steck, Phillip G. (New York)

Other

Bailey, John W. (New York)

Pechenik, Stephen A (New York)

Peck, Crystal R. (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:15-cv-01505	Nature of Action; Verified Complaint	Dec. 18, 2015	Dec. 18, 2015 Complaint
94 17-00296	USCA Opinion McDonough v. Smith U.S. Court of Appeals for the Second Circuit	Aug. 3, 2018	Aug. 3, 2018 Order/Opinion 898 F.3d 259
18-00485	Opinion of the Court McDonough v. Smith Supreme Court of the United States	June 20, 2019	June 20, 2019 Order/Opinion 588 U.S. 109
185 1:15-cv-01505	Amended Complaint	June 8, 2020	June 8, 2020 Complaint
242 1:15-cv-01505	Order on Motion for Summary Judgment	Aug. 11, 2022	Aug. 11, 2022 Order/Opinion 2022 WL 3279348

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5605532/mcdonough-v-smith-iii/

Last updated June 30, 2026, 7:02 a.m.

ECF Number	Date	Description	Link
1	Dec. 18, 2015	COMPLAINT against All Defendants (Filing fee $400 receipt number 0206-3519743) filed by Edward G. McDonough. (Attachments: # 1 Exhibits A-K; # 2 Civil Cover Sheet)(lah) (Entered: 12/22/2015)	RECAP
2	Dec. 21, 2015	Summons Issued as to Youel C. Smith, III. (Attachments: Summonses as to: # 1 McNally, # 2 McGrath, # 3 John Brown, # 4 McInerney, # 5 Ogden, # 6 O'Malley, # 7 Daniel Brown, # 8 Renna, # 9 Robillard, # 10 Rensselaer County)(lah) (Entered: 12/22/2015)	RECAP
3	Dec. 21, 2015	G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/6/2016 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/30/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (lah) (Entered: 12/22/2015)	RECAP
	Dec. 22, 2015	Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (lah)
4	Dec. 28, 2015	NOTICE of Appearance by Thomas J. O'Connor on behalf of Youel C. Smith, III (O'Connor, Thomas) (Entered: 12/28/2015)	RECAP
5	Dec. 29, 2015	NOTICE of Appearance by Diane Lufkin Schilling on behalf of Youel C. Smith, III (Schilling, Diane) (Entered: 12/29/2015)	RECAP
6	Jan. 19, 2016	AFFIDAVIT of Service for Affidavit of Service served on Anthony Renna on 01/15/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/19/2016)	RECAP
7	Jan. 19, 2016	AFFIDAVIT of Service for Affidavit of Service served on William McInerney on 01/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/19/2016)	RECAP
8	Jan. 20, 2016	AFFIDAVIT of Service served on Kevin B. McGrath on 01/19/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 01/20/2016)	RECAP
	Jan. 20, 2016	***Answer due date updated for William A. McInerney answer due 2/5/2016; Anthony J. Renna answer due 2/8/2016. (lah)
	Jan. 21, 2016	***Answer due date updated for Kevin B. McGrath answer due 2/9/2016. (lah)
9	Feb. 2, 2016	NOTICE of Appearance by Peter J. Moschetti, Jr on behalf of Kevin B. McGrath (Moschetti, Peter) (Entered: 02/02/2016)	RECAP
10	Feb. 5, 2016	NOTICE of Appearance by James E. Long on behalf of William A. McInerney (Long, James) (Entered: 02/05/2016)	RECAP
11	Feb. 5, 2016	ANSWER to Complaint by William A. McInerney.(Long, James) (Entered: 02/05/2016)	RECAP
12	Feb. 5, 2016	First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 3/15/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/29/2016 Reply to Response to Motion due by 3/4/2016. filed by William A. McInerney. (Attachments: # 1 Affidavit, # 2 Memorandum of Law, # 3 Affirmation of ECF service) (Long, James) (Entered: 02/05/2016)	RECAP
13	Feb. 8, 2016	*STRICKEN FROM THE DOCKET PURSUANT TO ORDER AT DOC. NO. 44 * Letter Motion for Youel C. Smith, III requesting Filing a courtesy copy of a February 5, 2016 Order to Show Cause and supporting papers filed in State Court submitted to Judge Magistrate Judge Daniel J. Stewart . (Attachments: # 1 Copy of State Court Papers Order to Show Cause, # 2 Affidavit Affidavit of Thomas J. O'Connor, Esq., # 3 Exhibit(s) Exhibit A - McDonough Court Sealing Notice, # 4 Exhibit(s) Exhibit B - LoPorto Court Sealing Notice, # 5 Affidavit Affidavit of Service)(O'Connor, Thomas) Modified on 3/4/2016 (mab). (Entered: 02/08/2016)	RECAP
14	Feb. 8, 2016	Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Filing of Correspondence submitted to Judge Mae A. D'Agostino . (Premo, Brian) (Entered: 02/08/2016)	RECAP
15	Feb. 8, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 14 Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Filing of Correspondence submitted to Judge Mae A. D'Agostino (Premo, Brian) (Entered: 02/08/2016)	RECAP
16	Feb. 10, 2016	TEXT ORDER: On February 8, 2016, Plaintiff's counsel, Brian Premo, filed correspondence between himself and Defendant Anthony Renna on the case docket in this matter. Dkt. No. 14 . The Court has reviewed this correspondence and construes the filing to be Mr. Premo's consent to Defendant Renna's request for an extension of time to file an Answer or otherwise respond to the Complaint in this action. The request is GRANTED and Defendant Renna shall file a response to the Complaint on or before March 11, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/10/2016. {Copy of this Text Order mailed to Defendant Renna at the address provided in Mr. Premo's submission to the Court at Doc. No. 14}. (mab) (Entered: 02/10/2016)	RECAP
	Feb. 10, 2016	Order on Letter Request
17	Feb. 11, 2016	ANSWER to 1 Complaint by Kevin B. McGrath.(Moschetti, Peter) (Entered: 02/11/2016)	RECAP
18	Feb. 11, 2016	CERTIFICATE OF SERVICE by Kevin B. McGrath re 17 Answer to Complaint (Moschetti, Peter) (Entered: 02/11/2016)	RECAP
19	Feb. 16, 2016	AFFIDAVIT of Service for Summons and Complaint served on John F. Brown on 02/12/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/16/2016)	RECAP
20	Feb. 17, 2016	AFFIDAVIT of Service for Summons and Complaint served on Alan T. Robillard on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/17/2016)	RECAP
21	Feb. 17, 2016	AFFIDAVIT of Service for Summons and Complaint served on Daniel B. Brown on 02/12/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/17/2016)	RECAP
	Feb. 17, 2016	***Answer due date updated for John F. Brown answer due 3/4/2016. (lah)
22	Feb. 18, 2016	AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)	RECAP
23	Feb. 18, 2016	AFFIDAVIT of Service for Summons and Complaint served on John J. Ogden on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)	RECAP
24	Feb. 18, 2016	AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)	RECAP
25	Feb. 18, 2016	AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)	RECAP
26	Feb. 18, 2016	AFFIDAVIT of Service for Summons and Complaint served on Rensselaer County Attorney on 02/16/2016, filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/18/2016)	RECAP
	Feb. 18, 2016	***Answer due date updated for Daniel B. Brown answer due 3/4/2016; Alan T. Robillard answer due 3/8/2016. (lah)
	Feb. 18, 2016	***Answer due date updated for Richard J. McNally, Jr. answer due 3/8/2016; Kevin F. O'Malley answer due 3/8/2016; John J. Ogden answer due 3/8/2016; Youel C. Smith, III answer due 3/8/2016; The County of Rensselaer, New York answer due 3/8/2016. (lah)
27	Feb. 19, 2016	NOTICE of Related Caseby Edward G. McDonough (Premo, Brian) Modified on 2/23/2016 to correct filing event (lah). (Entered: 02/19/2016)	RECAP
28	Feb. 22, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough Notice of Related Cases (Premo, Brian) (Entered: 02/22/2016)	RECAP
29	Feb. 22, 2016	NOTICE of Appearance by James A. Resila on behalf of Kevin F. O'Malley (Resila, James) (Entered: 02/22/2016)	RECAP
30	Feb. 23, 2016	Letter Motion from William A. Scott for John J. Ogden requesting Extension of Time to Appear submitted to Judge Daniel J. Stewart . (Scott, William) (Entered: 02/23/2016)	RECAP
31	Feb. 24, 2016	TEXT ORDER: On February 23, 2016, Defendant John J. Ogden filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 30 . The request is GRANTED and Defendant Ogden shall file a response on or before April 18, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/24/2016. (mab) (Entered: 02/24/2016)	RECAP
	Feb. 24, 2016	Order on Letter Request
32	Feb. 26, 2016	*STRICKEN FROM THE DOCKET PURSUANT TO ORDER AT DOC. NO. 44 * Letter Motion for Youel C. Smith, III requesting filing a courtesy copy of Affirmation of Brian Premo, Esq. dated February 9, 2016 and Letter Reply to Affirmation of Attorney Premo submitted to Judge Stewart . (Attachments: # 1 Copy of State Court Papers Affirmation of Brian Premo, Esq. dated February 9, 2016, # 2 Copy of State Court Papers Letter Reply to Affirmation of Attorney Premo)(O'Connor, Thomas) Modified on 3/4/2016 (mab). (Entered: 02/26/2016)	RECAP
33	Feb. 29, 2016	ORDERED, that this action is NOT RELATED to LoPorto v. County of Rensselaer, No. 15-cv-0866 (LEK/DJS). Signed by Senior Judge Lawrence E. Kahn on February 29, 2016. (sas) (Entered: 02/29/2016)	RECAP
34	Feb. 29, 2016	AFFIDAVIT in Support re 13 Letter Motion for Youel C. Smith, III requesting Filing a courtesy copy of a February 5, 2016 Order to Show Cause and supporting papers filed in State Court submitted to Judge Magistrate Judge Daniel J. Stewart filed by Edward G. McDonough. (Premo, Brian) (Entered: 02/29/2016)	RECAP
35	Feb. 29, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 34 Affidavit in Support of Motion, (Premo, Brian) (Entered: 02/29/2016)	RECAP
36	Feb. 29, 2016	RESPONSE in Opposition re 12 First MOTION to Dismiss for Failure to State a Claim filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s))(Premo, Brian) (Entered: 02/29/2016)	RECAP
37	Feb. 29, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 36 Response in Opposition to Motion (Premo, Brian) (Entered: 02/29/2016)	RECAP
38	Feb. 29, 2016	AFFIDAVIT in Opposition re 12 First MOTION to Dismiss for Failure to State a Claim filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s))(Premo, Brian) (Entered: 02/29/2016)	RECAP
39	Feb. 29, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 38 Affidavit in Opposition to Motion (Premo, Brian) (Entered: 02/29/2016)	RECAP
40	March 3, 2016	MOTION to Dismiss, MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/5/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/21/2016 Reply to Response to Motion due by 3/25/2016. filed by Daniel B. Brown, John F. Brown. (Attachments: # 1 Affidavit of John F. Brown, # 2 Affidavit of Daniel B. Brown, # 3 Memorandum of Law, # 4 Certificate of Service) (Steck, Phillip) (Additional attachment(s) added on 3/14/2016: # 5 Exhibit(s) A-C of John Brown Affidavit, # 6 Exhibit(s) A - F of Dan Brown Affidavit, # 7 Application for Search Warrant, # 8 Affidavit in Support of Application for Search Warrant) (ban, ). (Additional attachment(s) added on 3/14/2016: # 9 Volume 1, # 10 Volume 1 part 2, # 11 Volume 1 part 3, # 12 Volume 2 part 1, # 13 Volume 2 part 2, # 14 Volume 2 part 3, # 15 Volume 3 part 1, # 16 Volume 3 part 2, # 17 Volume 3 part 3) (ban, ). (Entered: 03/03/2016)	RECAP
41	March 3, 2016	NOTICE of Appearance by Robert A. Becher on behalf of Richard J. McNally, Jr. (Becher, Robert) (Entered: 03/03/2016)	RECAP
42	March 3, 2016	Letter Motion from John W. Bailey, Esq. for Richard J. McNally, Jr., Youel C. Smith, III, The County of Rensselaer, New York requesting extension until April 18, 2016 to serve answer to Plaintiff's Complaint submitted to Judge Honorable Daniel J. Stewart . (Bailey, John) (Entered: 03/03/2016)	RECAP
43	March 4, 2016	TEXT ORDER: On March 3, 2016, Defendants Youel C. Smith, III, Richard J. McNally, Jr. and The County of Rensselaer, New York, filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 42 . The request is GRANTED and the above named Defendants shall filed their response on or before April 18, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/4/2016. (mab) (Entered: 03/04/2016)	RECAP
44	March 4, 2016	ORDER TO STRIKE: IT IS HEREBY ORDERED, that Defendant Youel C. Smith, III's submissions filed in the above-entitled action, Dkt. Nos. 13 and 32, shall be stricken from the docket. The submissions are related to an action pending in Albany County Supreme Court and are not properly filed in this proceeding. Since Defendant's submissions are being stricken from the docket, they will not be considered by the Court. Signed by Magistrate Judge Daniel J. Stewart on 3/4/2016. (mab) (Entered: 03/04/2016)	RECAP
	March 4, 2016	Order on Letter Request
	March 4, 2016	TEXT NOTICE: In light of the Court's extensions that have been granted to various Defendants to file an Answer or otherwise respond to the Complaint in this matter, the Rule 16 Initial Conference scheduled for 4/6/2016 at 9:00 AM before Magistrate Judge Daniel J. Stewart and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date at this time. Counsel will receive notification upon the Court's rescheduling of those deadlines. (mab)
45	March 7, 2016	Letter Motion from Phillip G. Steck, Esq. for Daniel B. Brown, John F. Brown requesting Permission to file Exhibits submitted to Judge Mae A. D'Agostino . (Attachments: # 1 Exhibits A-C of Affidavit of John F. Brown, # 2 Exhibits A-F of Affidavit of Daniel B. Brown, # 3 Application for Search Warrant, # 4 Affidavit in Support of Application for Search Warrant, # 5 Exhibits - Volume I Part 1, # 6 Exhibits - Volume I Part 2, # 7 Exhibits - Volume I Part 3, # 8 Exhibits - Volume II Part 1, # 9 Exhibits - Volume II Part 2, # 10 Exhibits - Volume II Part 3, # 11 Exhibits - Volume III Part 1, # 12 Exhibits - Volume III Part 2, # 13 Exhibits - Volume III Part 3)(Steck, Phillip) (Entered: 03/07/2016)	RECAP
46	March 8, 2016	NOTICE of Appearance by Stephen J. Rehfuss on behalf of Alan T. Robillard (Rehfuss, Stephen) (Entered: 03/08/2016)	RECAP
47	March 8, 2016	NOTICE of Appearance by Abigail W. Rehfuss on behalf of Alan T. Robillard (Rehfuss, Abigail) (Entered: 03/08/2016)	RECAP
48	March 8, 2016	CERTIFICATE OF SERVICE by Alan T. Robillard re 47 Notice of Appearance, 46 Notice of Appearance (Rehfuss, Stephen) (Entered: 03/08/2016)	RECAP
49	March 8, 2016	NOTICE of Appearance by Stephen A. Pechenik on behalf of The County of Rensselaer, New York (Pechenik, Stephen) (Entered: 03/08/2016)	RECAP
50	March 8, 2016	MOTION to Dismiss Motion Hearing set for 4/19/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/4/2016 Reply to Response to Motion due by 4/8/2016. filed by Kevin F. O'Malley. (Attachments: # 1 Memorandum of Law) (Resila, James) (Entered: 03/08/2016)	RECAP
51	March 8, 2016	CERTIFICATE OF SERVICE by Kevin F. O'Malley re 50 MOTION to Dismiss (Resila, James) (Entered: 03/08/2016)	RECAP
52	March 8, 2016	Letter Motion from Stephen J. Rehfuss, Esq. for Alan T. Robillard requesting extension of deadline to answer or otherwise move to dismiss submitted to Judge D'Agostino . (Rehfuss, Stephen) (Entered: 03/08/2016)	RECAP
53	March 9, 2016	TEXT ORDER granting 52 Letter Request. Defendant Robillard's motion seeking an extension of time to submit an answer or otherwise move to dismiss is granted. Defendant Robillard shall file an answer or otherwise move to dismiss on or before Friday, March 18, 2016. Counsel is advised that, in the future, a request for an extension of time must be made before the day on which the deadline expires. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 03/09/2016. (bto) (Entered: 03/09/2016)	RECAP
54	March 9, 2016	Letter Motion from Anthony J. Renna requesting extension of time to file an answer to the complaint submitted to Magistrate Judge Daniel J. Stewart. (Attachment: # 1 Cover Letter)(lah) (Entered: 03/09/2016)	RECAP
	March 9, 2016	Order on Letter Request
55	March 10, 2016	TEXT ORDER: On March 9, 2016, the Court received a letter from Defendant Anthony J. Renna advising that he has been unable to find counsel for representation in this matter and intends to answer all of the charges stated in the Complaint. Dkt. No. 54 . Although Mr. Renna states that his submission is his response, the Court does not construe Mr. Renna's filing as an Answer or a response to the Complaint. In light of his pro se status, the Court will grant a final extension of time until April 25, 2016 for Mr. Renna to file a proper response to the Complaint in accordance with Rule 12 of the Federal Rules of Civil Procedure. No further extension of time will be permitted. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/10/2016. {Copy of this Text Order mailed to Defendant Renna}. (mab) (Entered: 03/10/2016)	RECAP
	March 10, 2016	Order on Letter Request
56	March 11, 2016	MOTION to Dismiss Motion Hearing set for 4/19/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/4/2016 Reply to Response to Motion due by 4/8/2016. filed by Alan T. Robillard. (Attachments: # 1 Memorandum of Law) (Rehfuss, Stephen) (Entered: 03/11/2016)	RECAP
57	March 11, 2016	CERTIFICATE OF SERVICE by Alan T. Robillard re 56 MOTION to Dismiss (Rehfuss, Stephen) (Entered: 03/11/2016)	RECAP
58	March 11, 2016	CERTIFICATE OF SERVICE by Alan T. Robillard re 56 MOTION to Dismiss (Rehfuss, Stephen) (Entered: 03/11/2016)	RECAP
59	March 14, 2016	TEXT ORDER granting 45 Letter Request to file Exhibits to 40 Motion to Dismiss: IT is hereby ORDERED that defendants Daniel Brown's and John Brown's request to file exhibits to their 40 Motion to Dismiss, is GRANTED. The Clerk is directed to attach the exhibits filed at docket entry no. 45, to defendants's 40 Motion to Dismiss. Signed by U.S. District Judge Mae A. D'Agostino on 3/14/16. (ban) (Entered: 03/14/2016)	RECAP
	March 14, 2016	Order on Letter Request
	March 14, 2016	A copy of 59 Text Order, was mailed to all Non-ECF parties. (ban)
60	March 21, 2016	RESPONSE to Motion re 45 Letter Motion from Phillip G. Steck, Esq. for Daniel B. Brown, John F. Brown requesting Permission to file Exhibits submitted to Judge Mae A. D'Agostino filed by Edward G. McDonough. (Attachments: # 1 Exhibit(s), # 2 Supplement Addendum)(Premo, Brian) (Entered: 03/21/2016)	RECAP
61	March 22, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 60 Response to Motion, (Premo, Brian) (Entered: 03/22/2016)	RECAP
62	March 24, 2016	Letter Motion from Phillip G. Steck, Esq. for Daniel B. Brown, John F. Brown requesting one week extension to submit Reply submitted to Judge Mae A. D'Agostino . (Steck, Phillip) (Entered: 03/24/2016)	RECAP
63	March 25, 2016	TEXT ORDER granting 62 Letter Request for a one week extension of time for Dan Brown and John Brown to submit their reply brief. Reply papers due 4/1/16. Signed by U.S. District Judge Mae A. D'Agostino on 3/25/2016. (ban) (Entered: 03/25/2016)	RECAP
	March 25, 2016	Order on Letter Request
64	March 30, 2016	MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/3/2016 09:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/18/2016 Reply to Response to Motion due by 4/22/2016. filed by Richard J. McNally, Jr.. (Attachments: # 1 Affidavit David L. Gruenberg, # 2 Affidavit Stephen A. Pechenik, # 3 Affirmation Robert A. Becher, # 4 Memorandum of Law) (Becher, Robert) (Entered: 03/30/2016)	RECAP
65	March 30, 2016	CERTIFICATE OF SERVICE by Richard J. McNally, Jr. Notice of Motion, Aff. of David Gruenberg, Aff of Stephen Pechenik, Aff of Robert Becher and Memorandum of Law to Defendant Anthony J. Renna by US Mail (Becher, Robert) (Entered: 03/30/2016)	RECAP
66	March 31, 2016	Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Extension to Respond to Def O'Malley and def. Robillard Rule 12 Motions to Dismiss submitted to Judge D'Agostino . (Premo, Brian) (Entered: 03/31/2016)	RECAP
67	April 1, 2016	REPLY to Response to Motion re 40 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by Daniel B. Brown, John F. Brown. (Attachments: # 1 Certificate of Service)(Steck, Phillip) (Entered: 04/01/2016)	RECAP
68	April 1, 2016	TEXT ORDER granting 66 Letter Request for an extension of the response/reply deadlines re 50 56 Motions to Dismiss: It is hereby ORDERED that Response papers are due 4/11/16; Reply papers are due 4/15/16. The Return date remains set for April 19, 2016 (ON SUBMIT) before Judge D'Agostino. Signed by U.S. District Judge Mae A. D'Agostino on 4/1/16. (ban) (Entered: 04/01/2016)	RECAP
	April 1, 2016	Order on Letter Request
	April 1, 2016	Reset Deadlines as to 50 MOTION to Dismiss, 56 MOTION to Dismiss : Response to Motion due by 4/11/2016, Reply to Response to Motion due by 4/15/2016. Motion Hearing remains set for 4/19/2016 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban)
	April 1, 2016	A copy of 68 Text Order was mailed to All Non-ECF parties. (ban)
69	April 11, 2016	RESPONSE in Opposition re 50 MOTION to Dismiss O'Malley filed by Edward G. McDonough. (Premo, Brian) (Entered: 04/11/2016)	RECAP
70	April 11, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 69 Response in Opposition to Motion O'Malley (Premo, Brian) (Entered: 04/11/2016)	RECAP
71	April 11, 2016	RESPONSE in Opposition re 56 MOTION to Dismiss Robillard filed by Edward G. McDonough. (Premo, Brian) (Entered: 04/11/2016)	RECAP
72	April 11, 2016	CERTIFICATE OF SERVICE by Edward G. McDonough re 71 Response in Opposition to Motion Robillard (Premo, Brian) (Entered: 04/11/2016)	RECAP
73	April 11, 2016	MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/17/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/2/2016 Reply to Response to Motion due by 5/6/2016. filed by John J. Ogden. (Attachments: # 1 Affirmation in Support, # 2 Memorandum of Law, # 3 Declaration of Service, # 4 Declaration of Service) (Scott, William) (Entered: 04/11/2016)	RECAP
74	April 13, 2016	Letter Motion from Defendants Youel C. Smith, III and the County of Rensselaer for Youel C. Smith, III requesting 60 day extension of time to file an answer or otherwise respond to plaintiff's Complaint submitted to Judge Daniel J. Stewart . (O'Connor, Thomas) (Entered: 04/13/2016)	RECAP
75	April 14, 2016	TEXT ORDER: On April 13, 2016, Defendants Youel C. Smith and the County of Rensselaer filed a Letter Request, with the consent of Plaintiff, seeking a sixty (60) day extension of time to file an Answer or otherwise respond to the Complaint in this matter. Dkt. No. 74 . Based upon the reasons set forth in Defendants' submission, the request is GRANTED and Defendants Smith and the County of Rensselaer shall filed their response on or before June 17, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/14/2016. (mab) (Entered: 04/14/2016)	RECAP
76	April 14, 2016	Letter Motion from Brian D. Premo, Esq. for Edward G. McDonough requesting Extension to Respond to Def McNally's Motion to Dismiss submitted to Judge D'Agostino . (Premo, Brian) (Entered: 04/14/2016)	RECAP
	April 14, 2016	Order on Letter Request
77	April 15, 2016	TEXT ORDER granting 76 Letter Request for an extension of the response/reply deadlines re 64 Motion to Dismiss: It is hereby ORDERED that Plaintiff's request for a one week extension of time to file response papers is GRANTED. The Return date re 64 Motion to Dismiss, remains set for May 3, 2016 (ON SUBMIT) before Judge D'Agostino; Response deadline extended to 4/25/16; Reply deadline extended to 4/29/16. Signed by U.S. District Judge Mae A. D'Agostino on 4/15/2016. (ban) (Entered: 04/15/2016)	RECAP
78	April 15, 2016	REPLY to Response to Motion re 50 MOTION to Dismiss - Reply to Plaintiff's Response to Defendant O'Malley's Motion to Dismiss filed by Kevin F. O'Malley. (Resila, James) (Entered: 04/15/2016)	RECAP
79	April 15, 2016	CERTIFICATE OF SERVICE by Kevin F. O'Malley re 78 Reply to Response to Motion (Resila, James) (Entered: 04/15/2016)	RECAP
80	April 15, 2016	REPLY to Response to Motion re 56 MOTION to Dismiss filed by Alan T. Robillard. (Rehfuss, Stephen) (Entered: 04/15/2016)	RECAP
81	April 15, 2016	CERTIFICATE OF SERVICE by Alan T. Robillard re 80 Reply to Response to Motion (Rehfuss, Stephen) (Entered: 04/15/2016)	RECAP