Kniejzneski et al v. Connecticut et al
| John Kniejzneski and Peter Gawron |
| State of Connecticut, Department of Revenue Services, Office of the State Comptroller, Kevin B. Sullivan, Kevin Lembo, Donna Summers and Joseph Lanteri |
| 3:2012cv01569 |
| November 6, 2012 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Middlesex |
| Michael P Shea |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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| Clerk's Disbursement of Funds - check no. 452715 in the amount of $500.00 Paid to Barbara E. Gardner FBO plaintiffs. Ref. no. PQ 14461400091. (Smart, E) |
Filing 55
ORDER. Plaintiffs' #54 Motion for Release of Funds is GRANTED. Signed by Judge Michael P. Shea on 7/7/14. (Khan, J)
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| Filing 54 MOTION for Release of Funds by Peter Gawron, John Kniejzneski. (Gardner, Barbara) |
| Filing 53 JUDGMENT entered in favor of State of Connecticut, Department of Revenue Services, Donna Summers, Joseph Lanteri, Kevin Lembo, Kevin B. Sullivan, Office of the State Comptroller against John Kniejzneski, Peter Gawron.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 3/17/14.(Johnson, D.) |
| JUDICIAL PROCEEDINGS SURVEY: 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 (Johnson, D.) |
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Filing 52
ORDER. For the reasons stated herein, Defendants' #34 Motion to Dismiss is GRANTED as to the individual capacity claim in Count Two. In addition, the converted Motion for Summary Judgment is GRANTED as to Count One and the official capacity claim in Count Two. In light of this Order, the Clerk is directed to enter judgment in favor of Defendants and to close this case. Signed by Judge Michael P. Shea on 3/13/2014. (Best, Z)
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| Filing 51 RESPONSE re #50 Memorandum in Opposition to Motion, filed by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
| Filing 50 Supplemental Memorandum in Opposition to Summary Judgment 12(d) re #34 MOTION to Dismiss filed by Peter Gawron, John Kniejzneski. (Attachments: #1 Affidavit of John Kniejzneski, #2 Exhibit A-C Kniejzneski, #3 Affidavit of Peter Gawron, #4 Exhibit A Gawron)(Gardner, Barbara) |
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Filing 49
NOTICE. Plaintiffs are hereby advised that if the additional materials they file in accordance with the Court's order [doc. # 45] issued yesterday merely repeat arguments already made in previous filings, the Court will issue an order to show cause why Plaintiffs should not be sanctioned. Signed by Judge Michael P. Shea on 12/10/2013. (Best, Z)
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Filing 48
ORDER. Although it raises valid points, including the fact that Plaintiffs' counsel's #44 Motion failed to comply with the Local Rules, the Defendants' #47 Motion for Reconsideration is nonetheless DENIED, and Defendants are afforded 28 days to respond to any additional documents filed by the Plaintiffs related to the Court's conversion of the Motion to Dismiss to a Motion for Summary Judgment [see doc. # 42]. Signed by Judge Michael P. Shea on 12/10/2013. (Best, Z)
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| Filing 47 MOTION for Reconsideration re 45 Order on Motion for Leave to File Material Pertinent to the Motion for Summary Judgment under Rule 12(d) Nunc Pro Tunc by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers.Responses due by 12/30/2013 (Lacedonia, Jill) |
| Filing 46 OBJECTION re #44 MOTION for Leave to File Material Pertinent to Summary Judgment Motion under Rule 12(d) nunc pro tunc filed by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
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Filing 45
ORDER. Plaintiffs' #44 Request to Submit Additional Material is GRANTED. Plaintiffs shall file the relevant material on or before December 16, 2013. Signed by Judge Michael P. Shea on 12/9/2013. (Best, Z)
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| Filing 44 MOTION for Leave to File Material Pertinent to Summary Judgment Motion under Rule 12(d) nunc pro tunc by Peter Gawron, John Kniejzneski. (Attachments: #1 Affidavit of counsel)(Gardner, Barbara) |
| Set Deadlines: Show Cause Response due by 12/9/2013 (Johnson, D.) |
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Filing 43
ORDER. It appears that neither party has submitted any material in response to the Court's October 3, 2013 Order [doc. # 42]. The Court assumes that this indicates that Plaintiffs do not have (1) a good-faith basis to dispute that they entered into the settlement agreements identified in Defendants' motion to dismiss or (2) a good-faith basis to dispute that such agreements contained the release provision identified by the Defendants. The Court will proceed to adjudicate as a motion for summary judgment, as explained in the October 3 Order (doc #42). Should Plaintiffs believe the Court's assumption to be incorrect, they shall, by December 9, 2013, file a statement (1) setting forth, in detail, any good-faith basis to dispute the two previously mentioned matters, and (2) showing cause why the Court should not impose sanctions for Plaintiffs' lack of compliance with the October 3, 2013 Order. Plaintiffs' failure to file any response to this order by December 9 will be taken by the Court as their confirmation that they agree that they entered into the settlement agreements identified in Defendants' motion to dismiss and that such agreements contain the release provision identified by the Defendants. Signed by Judge Michael P. Shea on 11/27/2013. (Best, Z)
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Filing 42
ORDER. The Court believes that the pending #34 Motion to Dismiss turns in part on the issue whether the claims in this case fall within the scope of release provision in the January 27, 2010 settlement agreements, which Defendants attached to their original #24 Motion to Dismiss and incorporated by reference into the nenewed #34 Motion. As it appears from the parties' briefing that there is no genuine dispute that the Plaintiffs entered into a settlement agreement on January 27, 2010, and that the settlement agreement contained the release provision identified by the Defendants, the Court will treat the motion to dismiss based on the release as a motion for summary judgment under Rule 12(d) ("If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56."). By October 24, 2013, Plaintiffs shall file a notice indicating whether they have a good-faith basis to dispute that they entered into the settlement agreements identified in Defendants' motion to dismiss, and whether they have a good-faith basis to dispute that such agreement contained the release provision identified by the Defendants. Any party is free to submit by October 24, 2013 any other material that might be pertinent to the motion. Signed by Judge Michael P. Shea on 10/3/2013. (Best, Z)
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| Filing 41 REPLY to Response to #34 MOTION to Dismiss the Second Amended Complaint, filed in accordance with the Court's Order dated September 24, 2013 (Doc. # 40) filed by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
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Filing 40
ORDER. Defendants' #39 Motion to for Leave to File Excess Pages is GRANTED. Signed by Judge Michael P. Shea on 9/24/2013. (Best, Z)
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| Filing 39 MOTION for Leave to File Excess Pages Re Defendant's Reply in Further Support of Their Renewed Motion to Dismiss the Second Amended Complaint by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Attachments: #1 Memorandum in Support)(Lacedonia, Jill) |
| Filing 38 Memorandum in Opposition re #34 MOTION to Dismiss filed by Peter Gawron, John Kniejzneski. (Gardner, Barbara) |
| Filing 37 SUMMONS Returned Executed by Peter Gawron, John Kniejzneski. Joseph Lanteri served on 8/1/2013, answer due 8/22/2013; Kevin Lembo served on 8/1/2013, answer due 8/22/2013; Kevin B. Sullivan served on 8/1/2013, answer due 8/22/2013; Donna Summers served on 8/1/2013, answer due 8/22/2013. (Gardner, Barbara) |
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Filing 36
ORDER. In light of the parties' #35 Joint Status Report, the telephonic status conference scheduled for July 31, 2013 at 9:15 AM is hereby CANCELED. Signed by Judge Michael P. Shea on 7/25/2013. (Best, Z)
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| Filing 35 REPORT of Rule 26(f) Planning Meeting. (Lacedonia, Jill) |
| Filing 34 MOTION to Dismiss by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers.Responses due by 8/12/2013 (Attachments: #1 Memorandum in Support Of Renewed Motion to Dismiss Second Amended Complaint)(Lacedonia, Jill) |
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Filing 33
ORDER. Plaintiffs have filed an Amended Complaint #31 in response to the Court's June 19, 2013 Order 27 . Defendants' Motion to Dismiss #24 is therefore DENIED as moot. Signed by Judge Michael P. Shea on 7/22/2013. (Best, Z)
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| Filing 32 EXHIBIT H and I filed in accordance with the Court's Order dated July 8, 2013 (Doc. # 30) by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers re #24 MOTION to Dismiss Amended Complaint. (Lacedonia, Jill) |
| Filing 31 AMENDED COMPLAINT Second against All Defendants, filed by Peter Gawron, John Kniejzneski.(Gardner, Barbara) |
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Filing 30
ORDER. Defendants' #23 Motion to Seal is GRANTED in part and DENIED in part. Although the Court agrees that the personal medical information contained in Exhibits H and I to Defendants' #24 Motion to Dismiss should not become public, it is not necessary to seal the documents outright to maintain the privacy of Plaintiffs' medical information. Instead, within 14 days of this Order, Defendants shall file copies of Exhibit H and I with Plaintiffs' medical information redacted from view. The Clerk is directed to keep under seal the unredacted versions of Exhibits H and I currently on the docket #26 . Signed by Judge Michael P. Shea on 7/8/2013. (Best, Z)
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| Filing 29 EXHIBIT V - Affidavit of Kevin B. Sullivan by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers re #24 MOTION to Dismiss Amended Complaint. (Lacedonia, Jill) |
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Filing 28
ORDER. Based on Defendants' representation that Plaintiffs consent to staying discovery, Defendants' #25 Motion to Stay Discovery is GRANTED. Signed by Judge Michael P. Shea on 6/20/2013. (Lake, G.)
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| Set Deadlines: as to #24 MOTION to Dismiss Amended Complaint.(Responses due by 7/8/2013, ) or file ( Amended Complaint due by 7/8/2013), (Johnson, D.) |
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Filing 27
ORDER. Defendants have filed a #24 Motion to Dismiss. On or before July 8, 2013, Plaintiffs shall either file a response to the motion or file an amended complaint in which they plead as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants' memorandum of law. The Court will not allow further amendments after July 8, 2013. If Plaintiffs choose to amend and if Defendants renew their motion to dismiss, Defendants may incorporate by reference any prior briefing. Signed by Judge Michael P. Shea on 6/19/2013.(Lake, G.)
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| Filing 26 Sealed Document: Unredacted sealed versions of Exhibits H and I re #24 MOTION to Dismiss Amended Complaintby Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers (Kelsey, N.) |
| Filing 25 MOTION to Stay Discovery by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan.Responses due by 7/4/2013 (Attachments: #1 Memorandum in Support)(Lacedonia, Jill) |
| Filing 24 MOTION to Dismiss Amended Complaint by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers.Responses due by 7/4/2013 (Attachments: #1 Memorandum in Support, #2 Exhibit Index of Exhibits, #3 Exhibit A and B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E - G, #7 Exhibit J - N, #8 Exhibit O - R, #9 Exhibit S - U)(Lacedonia, Jill) |
| Filing 23 MOTION to Seal Exhibits H and I to Defendants' Motion to Dismiss Amended Complaint by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
| Filing 22 NOTICE of Appearance by Jill Lacedonia on behalf of Joseph Lanteri, Kevin Lembo, Kevin B. Sullivan, Donna Summers in their individual capacities (Lacedonia, Jill) |
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Filing 21
ORDER granting #20 Motion for Extension of Time. Signed by Judge Michael P. Shea on 5/6/2013. (Lake, G.)
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| Filing 20 Consent MOTION for Extension of Time until June 13, 2013 to file responsive pleading to #17 Amended Complaint by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
| Answer deadline updated for All Defendants. (Johnson, D.) |
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Filing 19
ORDER. In light of the #17 Amended Complaint, the Court DENIES Defendants' #15 Motion for More Definite Statement. Signed by Judge Michael P. Shea on 4/30/2013. (Lake, G.)
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| Filing 18 Memorandum in Opposition re #15 MOTION for More Definite Statement filed by Peter Gawron, John Kniejzneski. (Gardner, Barbara) |
| Filing 17 AMENDED COMPLAINT against All Defendants, filed by Peter Gawron, John Kniejzneski.(Gardner, Barbara) |
| security for costs BOND in the amount of $ 500.00 posted by Peter Gawron, John Kniejzneski Receipt Number CTXH00004839 (D'Onofrio, B.) |
| Filing 16 NOTICE by Peter Gawron, John Kniejzneski re 12 Order on Motion for Security for Costs,, (Gardner, Barbara) |
| Filing 15 MOTION for More Definite Statement by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers.Responses due by 5/2/2013 (Attachments: #1 Memorandum in Support)(Lacedonia, Jill) |
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Filing 14
SCHEDULING ORDER:Telephonic Status Conference set for 7/31/2013 at 9:15 AM before Judge Michael P. Shea; Discovery due by 12/1/2013 Dispositive Motions due by 2/1/2014; Joint Status Report due by 7/24/2013. Signed by Judge Michael P. Shea on 4/10/13.(Johnson, D.)
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| Filing 13 REPORT of Rule 26(f) Planning Meeting. (Lacedonia, Jill) |
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Filing 12
ORDER granting #10 Motion for Security for Costs. The defendant(s) having made application to the Clerk of Court for an order requiring the plaintiff(s) to deposit or file a bond with sufficient surety in the sum of $500.00 pursuant to Local Rule 83.3(a) of the Rules of Civil Procedure for the United States District of Connecticut, it is ORDERED that the plaintiff(s) herein file a bond as security for costs in this action within thirty (30) days from this date. Signed by Clerk on 3/11/2013. (Oliver, T.)
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Filing 11
ORDER granting #9 Motion for Extension of Time until April 11, 2013 to file responsive pleading to #1 Complaint. Signed by Clerk on 3/11/2013. (Oliver, T.)
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| Filing 10 MOTION for Security for Costs by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
| Filing 9 Consent MOTION for Extension of Time until April 11, 2013 to file responsive pleading to Doc. #1 Complaint by Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers. (Lacedonia, Jill) |
| Filing 8 NOTICE of Appearance by Jill Lacedonia on behalf of Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers (in their official capacities only) (Lacedonia, Jill) |
| Answer deadline updated for Joseph Lanteri to 4/11/2013; Kevin Lembo to 4/11/2013; Department of Revenue Services to 4/11/2013; Office of the State Comptroller to 4/11/2013; State of Connecticut to 4/11/2013; Kevin B. Sullivan to 4/11/2013; Donna Summers to 4/11/2013. (Oliver, T.) |
| Filing 7 SUMMONS Returned Executed by Peter Gawron, John Kniejzneski. Joseph Lanteri served on 2/19/2013, answer due 3/12/2013; Kevin Lembo served on 2/19/2013, answer due 3/12/2013; Department of Revenue Services served on 2/19/2013, answer due 3/12/2013; Office of the State Comptroller served on 2/19/2013, answer due 3/12/2013; State of Connecticut served on 2/19/2013, answer due 3/12/2013; Kevin B. Sullivan served on 2/19/2013, answer due 3/12/2013; Donna Summers served on 2/19/2013, answer due 3/12/2013. (Gardner, Barbara) |
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Filing 6
ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Clerk on 1/2/13. (Bauer, J.)
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| Filing 5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Joseph Lanteri, Kevin Lembo, Department of Revenue Services, Office of the State Comptroller, State of Connecticut, Kevin B. Sullivan, Donna Summers* with answer to complaint due within *21* days. Attorney *Barbara E. Gardner* *843 Main St.* *Suite 1-4* *Manchester, CT 06040*. (Smith, S.) |
| Request for Clerk to issue summons as to All Defendants. (Gardner, Barbara) |
| Filing 4 NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #3 Electronic Filing Order, #1 Complaint filed by Peter Gawron, John Kniejzneski. Signed by Clerk on 11/7/12. (Blue, A.) |
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Filing 3
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Robert N. Chatigny on 11/6/12. (Attachments: #1 Efile Attachment)(Blue, A.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 1/5/2013 Discovery due by 5/8/2013. Signed by Clerk on 11/6/12. (Blue, A.)
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| Judge Robert N. Chatigny added. (Malone, P.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $350 receipt number 0205-2678820.), filed by Peter Gawron, John Kniejzneski.(Gardner, Barbara) |
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