Wade et al v. University of Connecticut Board of Trustees
| Nicole Wade, Amy DiSalvatore and Dylan Barkasy |
| University of Connecticut Board of Trustees and Andrew Agwunobi |
| 3:2021cv00924 |
| July 6, 2021 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.
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Filing 36
JUDGMENT entered in favor of defendants University of Connecticut Board of Trustees and Andrew Agwunobi and against plaintiffs Amy DiSalvatore, Dylan Barkasy and Nicole Wade.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 8/16/21. (Barry, Donna)
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Filing 34
ORDER granting #16 Motion to Dismiss for Lack of Jurisdiction; denying #21 Motion for Preliminary Injunction; finding as moot #24 Motion to Preclude; finding as moot #26 Motion to Preclude. For the reasons set forth in the attached opinion, the Court GRANTS the defendants' motion to dismiss for lack of federal jurisdiction. The Court DENIES as moot the remaining motions for preliminary injunctive relief and to preclude expert testimony. The Clerk of Court shall close this case subject to re-opening in the event that the plaintiffs file an amended complaint alleging facts that plausibly establish the Court's jurisdiction over their claims. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/16/2021. (Gilles, E. )
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JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Barry, Donna)
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Filing 33
NOTICE by University of Connecticut Board of Trustees and Andrew Agwunobi (Lenehan, Mary)
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Filing 35
Minute Entry for proceedings held before Judge Jeffrey A. Meyer: Preliminary Injunction hearing held 8/12/2021Motion to Dismiss (Doc. #16 ), Motion for Preliminary Injunction (Doc. #21 ) and Motions to Preclude (Docs. #24 and #26 ) were taken under advisement. Total Time: 1 hour and 18 minutes (Court Reporter Diana Huntington) (Barry, Donna)
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Filing 32
Supplemental Memorandum in Support re #2 MOTION for Preliminary Injunction , #21 Amended MOTION for Preliminary Injunction filed by Dylan Barkasy, Amy DiSalvatore, Nicole Wade. (McLane, Ryan)
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Filing 31
RESPONSE re #16 MOTION to Dismiss for Lack of Jurisdiction in the form of a letter brief requested by court filed by Andrew Agwunobi, University of Connecticut Board of Trustees. (Lenehan, Mary)
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Filing 30
NOTICE of Appearance by Timothy J. Holzman on behalf of Andrew Agwunobi (Holzman, Timothy)
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Filing 29
Memorandum in Opposition re #24 MOTION to Preclude Expert Evidence, #26 Supplemental MOTION to Preclude Expert Evidence filed by Dylan Barkasy, Amy DiSalvatore, Nicole Wade. (McLane, Ryan)
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Filing 28
NOTICE of Appearance by Mary Kathryn Lenehan on behalf of Andrew Agwunobi in his Official Capacity (Lenehan, Mary)
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Filing 27
EXHIBIT List by Andrew Agwunobi, University of Connecticut Board of Trustees. (Attachments: #1 Affidavit, #2 Affidavit)(Lenehan, Mary)
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Filing 26
Supplemental MOTION to Preclude Expert Evidence by Andrew Agwunobi, University of Connecticut Board of Trustees.Responses due by 9/1/2021 (Lenehan, Mary)
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Filing 25
ORDER RE PRELIMINARY INJUNCTION HEARING. In light of the parties' notification to chambers that they do not intend to present in-court witness testimony and intend to rely exclusively on their documentary submissions, and in light of the increased COVID-19 protection requirements recently adopted by the U.S. District Court for the District of Connecticut, which now require the wearing of a mask by all persons in the federal courthouse, the Court has decided that it will conduct a "hybrid" in-person/video hearing on the motion for a preliminary injunction. Any counsel or party who wishes to appear in person in court for the hearing may do so. Any counsel or party who wishes to participate instead by video or audio may do so by means of the Court's Zoom video access platform, and the link shall be available on the "Court Calendar" webpage for the District of Connecticut. Any member of the public may also attend the hearing in person (consistent with social distancing) or remotely by means of Zoom video/audio. The Court will shortly post to the docket Zoom link information and connection data for the hearing. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/11/2021. (Gilles, E. )
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NOTICE regarding hearing via Zoom: The preliminary injunction hearing scheduled for 8/12/21 at 9:00 a.m. will be conducted in a hybrid manner as previously discussed in the Court's Order RE Preliminary Injunction Hearing (Doc. #25). The following meeting information can be used to participate in and observe this hearing. Video link: https://www.zoomgov.com/j/1602533568?pwd=UC9LKzRQTFN2MHE5SzJqWE0xcXRQQT09 Call in number: 646-828-7666Meeting ID: 160 253 3568Meeting Password: 266361Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Barry, Donna)
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Filing 24
MOTION to Preclude Expert Evidence by Andrew Agwunobi, University of Connecticut Board of Trustees.Responses due by 8/31/2021 (Attachments: #1 Exhibit A)(Lenehan, Mary)
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Filing 23
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Andrew Agwunobi* with answer to complaint due within *21* days. Attorney *Ryan McLane* *McLane & McLane, LLC* *269 South Westfield Street* *Feeding Hills, MA 01001*. (Freberg, B)
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Filing 22
EXHIBIT by Dylan Barkasy, Amy DiSalvatore, Nicole Wade re #2 MOTION for Preliminary Injunction , #21 Amended MOTION for Preliminary Injunction , #3 Memorandum in Support of Motion. (Attachments: #1 Exhibit Declaration of Nicole Wade, #2 Exhibit Declaration of Amy DiSalvatore, #3 Exhibit Declaration of Dylan Barkasy, #4 Exhibit Declaration of Dr. Peter McCullough, #5 Exhibit UConn Board of Trustees June 4, 2021 Vote on Policy, #6 Exhibit UConn Vaccine Policy, #7 Exhibit UConn Website, #8 Exhibit Fact Sheet for Pfizer Vaccine, #9 Exhibit Fact Sheet for Moderna Vaccine, #10 Exhibit Fact Sheet for Janssen Vaccine)(McLane, Ryan)
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Filing 21
Amended MOTION for Preliminary Injunction by Dylan Barkasy, Amy DiSalvatore, Nicole Wade.Responses due by 8/28/2021 (McLane, Ryan)
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Request for Clerk to issue summons as to Andrew Agwunobi. (McLane, Ryan)
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Filing 20
Memorandum in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction filed by Dylan Barkasy, Amy DiSalvatore, Nicole Wade. (McLane, Ryan)
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Filing 19
AMENDED COMPLAINT First against University of Connecticut Board of Trustees, Andrew Agwunobi, filed by Nicole Wade, Dylan Barkasy, Amy DiSalvatore.(McLane, Ryan)
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Filing 18
NOTICE by University of Connecticut Board of Trustees of Supplemental Authority (Attachments: #1 Supplement)(Lenehan, Mary)
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Filing 17
Memorandum in Opposition re #2 MOTION for Preliminary Injunction filed by University of Connecticut Board of Trustees. (Lenehan, Mary)
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Filing 16
MOTION to Dismiss for Lack of Jurisdiction by University of Connecticut Board of Trustees.Responses due by 8/20/2021 (Attachments: #1 Memorandum in Support, #2 Affidavit of Eleanor Daugherty, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Holzman, Timothy)
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Filing 15
NOTICE of Appearance by Timothy J. Holzman on behalf of University of Connecticut Board of Trustees (Holzman, Timothy)
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Reset Hearing as to #2 Motion for Preliminary Injunction - Motion Hearing set for 8/12/2021 at 9:00 a.m. in Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer (Barry, Donna)
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Reset Deadline as to #2 Motion for Preliminary Injunction - Responses due by 8/2/2021 (Barry, Donna)
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Filing 14
ORDER RE SCHEDULING FOR PRELIMINARY INJUNCTION MOTION AND HEARING. The consent motion for extension of time (Doc. #13 ) is GRANTED as modified by this order. The defendant UCONN Board of Trustees shall file any objection or other response to the motion for preliminary injunction by August 2, 2021. Plaintiff shall file any reply by August 9, 2021. The parties shall appear for oral argument at 9:00 am on August 12, 2021. Counsel should contact chambers after consulting about whether it will be necessary to present witness testimony in addition to oral argument about the law. The Court encourages counsel to agree as much as possible upon a factual/documentary record, to rely on pre-filed affidavits in lieu of live witness testimony if appropriate, and to resolve any disputes about whether any particular documents or witness testimony is admissible for purposes of the hearing. It is so ordered. Signed by Judge Jeffrey A. Meyer on 07/22/2020. (Johnson, R.)
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Filing 13
MOTION for Extension of Time until August 2, 2021 10 Order, 11 Calendar Entry,, Set Motion and Rcmd Ruling Deadlines/Hearings, by University of Connecticut Board of Trustees. (Lenehan, Mary)
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Filing 12
NOTICE of Appearance by Mary Kathryn Lenehan on behalf of University of Connecticut Board of Trustees (Lenehan, Mary)
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Filing 11
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.Oral argument on the Motion for Preliminary Injunction (Doc. #2 ) is set for 8/3/2021 at 2:00 p.m. in Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer. (Barry, Donna)
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Filing 10
ORDER RE PRELIMINARY INJUNCTION BRIEFING AND ORAL ARGUMENT. The defendant UCONN Board of Trustees shall file any objection or other response to the motion for preliminary injunction by July 26, 2021. Plaintiffs may file any reply by July 30, 2021. The parties shall appear for oral argument at 2:00pm on August 3, 2021. It is so ordered. Signed by Judge Jeffrey A. Meyer on 07/19/2021. (Johnson, R.)
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Filing 9
SUMMONS Returned Executed by Nicole Wade, Dylan Barkasy, Amy DiSalvatore. University of Connecticut Board of Trustees served on 7/8/2021, answer due 7/29/2021. (McLane, Ryan)
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Filing 8
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *University of Connecticut Board of Trustees* with answer to complaint due within *21* days. Attorney *Ryan McLane* *McLane & McLane LLC* *269 South Westfield Street* *Feeding Hills, MA 01001*. (Freberg, B)
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Filing 7
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Order on Pretrial Deadlines, #5 Electronic Filing Order, #1 Complaint filed by Dylan Barkasy, Nicole Wade, Amy DiSalvatore, #2 MOTION for Preliminary Injunction filed by Dylan Barkasy, Nicole Wade, Amy DiSalvatore, #3 Memorandum in Support of Motion filed by Dylan Barkasy, Nicole Wade, Amy DiSalvatore, #6 Protective Order. Signed by Clerk on 7/7/2021.(Freberg, B)
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Jeffrey A. Meyer on 7/6/2021.(Freberg, B)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Jeffrey A. Meyer on 7/6/2021.(Freberg, B)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 9/5/2021; Discovery due by 1/6/2022; Dispositive Motions due by 2/10/2022. Signed by Clerk on 7/6/2021.(Freberg, B)
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Judge Jeffrey A. Meyer added. (Hushin, Z.)
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Filing 3
Memorandum in Support re #2 MOTION for Preliminary Injunction filed by Dylan Barkasy, Amy DiSalvatore, Nicole Wade. (McLane, Ryan)
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Filing 2
MOTION for Preliminary Injunction by Dylan Barkasy, Amy DiSalvatore, Nicole Wade.Responses due by 7/27/2021 (McLane, Ryan)
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Filing 1
COMPLAINT against University of Connecticut Board of Trustees ( Filing fee $402 receipt number ACTDC-6567506.), filed by Nicole Wade, Dylan Barkasy, Amy DiSalvatore.(McLane, Ryan)
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Request for Clerk to issue summons as to University of Connecticut Board of Trustees. (McLane, Ryan)
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