Opinion
20-CV-08152-NSR
06-16-2021
BOBBIE JO FORTE a/k/a BOBBI JO FORTE Plaintiff, v. THE VILLAGE OF RED HOOK, THE COUNTY OF DUTCHESS, DUTCHESS COUNTY SHERIFF ADRIAN H. ANDERSON, DUTCHESS COUNTY DISTRICT ATTORNEY WILLIAM V. GRADY, ASSISTANT DISTRICT ATTORNEY MIRIAM CITRO, THOMAS D'AMICANTONIO, TRAVIS STERRITT, NICHOLAS NORTON individually and in their official capacity as Village of Red Hook DETECTIVE/POLICE OFFICERS, and DANA RUSSO, individually and in her official capacity as Dutchess County SHERIFF DEPUTY. Defendants.
Anne LaBarbera Professional Corporation Special Litigation Counsel to Fred Stevens, in his capacity as Chapter 7 Trustee of the Bankruptcy Estate of Plaintiff Bobbie Jo Forte. By: Anne LaBarbera, Esq. McCabe & Mack LLP Attorneys for Defendants, The County of Dutchess, Dutchess County Sheriff Adrian H. Anderson, William V. Grady, Assistant District Attorney Miriam Citro, and Dana Russo By: David Posner Portale Randazzo LLP Attorneys for Defendants. The Village of Red Hook, Thomas D'Amicantonio, Travis Sterritt and Nicholas Norton By: James Randazzo
Anne LaBarbera Professional Corporation Special Litigation Counsel to Fred Stevens, in his capacity as Chapter 7 Trustee of the Bankruptcy Estate of Plaintiff Bobbie Jo Forte. By: Anne LaBarbera, Esq.
McCabe & Mack LLP Attorneys for Defendants, The County of Dutchess, Dutchess County Sheriff Adrian H. Anderson, William V. Grady, Assistant District Attorney Miriam Citro, and Dana Russo By: David Posner
Portale Randazzo LLP Attorneys for Defendants. The Village of Red Hook, Thomas D'Amicantonio, Travis Sterritt and Nicholas Norton By: James Randazzo
SHORT ORDER
NELSON S. ROMAN UNITED STATES DISTRICT COURT JUDGE
WHEREAS, on October 1, 2020 this action was commenced by Plaintiff, Bobbie Jo Forte a/k/a Bobbie Jo Forte (“Forte”) against The Village Of Red Hook, The County Of Dutchess, Dutchess County Sheriff Adrian H. Anderson, Dutchess County District Attorney William V. Grady, Assistant District Attorney Miriam Citro, Thomas Dʼamicantonio, Travis Sterritt, Nicholas Norton individually and in their official capacity As Village Of Red Hook Detective/Police Officers, and Dana Russo, individually and in her official capacity As Dutchess County Sheriff Deputy, and WHEREAS, on December 23, 2020 Plaintiff, Forte filed a voluntary petition for relief under Chapter 7 of Title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York [No. 20-36241-cgm], and
WHEREAS, Fred Stevens was appointed interim trustee of Forte's estate and on January 21, 2021 became the permanent Chapter 7 Trustee of Forte's bankruptcy estate by virtue of section 702(d) of t he Bankruptcy Code; and
WHEREAS, Fred Stevens is the real Plaimtiff party in interest pursuant to Rule 17 (a); and
WHEREAS, Fred Stevens by and through counsel has moved this court pursuant to Rule 25(c) t hat he be substituted for Forte as the party-plaintiff the action herein; and
WHEREAS, all Defendants by and through counsel advised that they would not oppose the motion to substitute the Trustee as the party-plaintiff for Forte; and
WHEREAS, this Court finds good cause to grant the relief requested;
IT IS HEREBY ORDERED that Fred Stevens' Motion to be substituted in his capacity as Chapter 7 Bankruptcy Trustee of the Bankruptcy Estate of Bobbie Jo Forte as Plaintiff for Bobbie Jo Forte a/k/a Bobbi Jo Forte and to amend the caption is granted, and
IT IS FURTHER ORDERED that the Clerk shall change the caption to reflect the substitution and the new caption shall be:
FRED STEVENS, IN HIS CAPACITY AS CHAPTER 7 TRUSTRR OF THE BANKRUPTCY ESTATE OF BOBBIE JO FORTE Plaintiff, v.
THE VILLAGE OF RED HOOK, THE COUNTY OF DUTCHESS, DUTCHESS COUNTY SHERIFF ADRIAN H. ANDERSON, DUTCHESS COUNTY DISTRICT ATTORNEY WILLIAM V. GRADY, ASSISTANT DISTRICT ATTORNEY MIRIAM CITRO, THOMAS D'AMICANTONIO, TRAVIS STERRITT, NICHOLAS NORTON individually and in their official capacity as Village of Red Hook DETECTIVE/POLICE OFFICERS, and DANA RUSSO, individually and in her official capacity as Dutchess County SHERIFF DEPUTY. Defendants.
The Clerk of the Court is kindly directed to terminate the Motion at ECF No. 64.
SO ORDERED.