Birmingham et al v. Profeta et al
| Stephen J. Birmingham and Mary S. Birmingham |
| Amy E. Profeta, Jane Doe, John Doe, Alisha R. Profeta and Elizabeth Profeta |
| 3:2019cv00033 |
| January 8, 2019 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Sarah A L Merriam |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| None |
Docket Report
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| Case remanded to State Court, Housing Session of Litchfield County. (Pesta, J.) |
Filing 12
ELECTRONIC ORDER. The #11 Recommended Ruling is APPROVED AND ADOPTED in its entirety, and the action is REMANDED to the Connecticut Superior Court, Housing Session of Litchfield County. Signed by Judge Charles S. Haight, Jr. on 2/13/2019. (Ghosh, R.)
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Filing 11
RECOMMENDED RULING. For the reasons stated in the attached recommended ruling, the Court finds that it lacks subject matter jurisdiction over the claims alleged in the underlying "Summary Process (Eviction) Complaint," and therefore recommends that this matter be REMANDED to the Connecticut Superior Court, Housing Session of Litchfield County. 12 Pages.This is a recommended ruling. Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2); 28 U.S.C. 636(b)(1). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). Signed by Judge Sarah A. L. Merriam on 1/29/2019. (Katz, S.)
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Filing 10
ORDER OF REFERRAL (see attached) to Magistrate Judge Sarah A. L. Merriam for a review and recommended ruling as to whether this Court has subject matter jurisdiction over the action. Signed by Judge Charles S. Haight, Jr on January 14, 2019. (Dorais, L.)
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Filing 9
AMENDED ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Defendant Elizabeth Profeta ("defendant") has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to defendant's current financial circumstances. See Doc. #3 . Defendant has completed the required information. She asserts that she is unable to afford to pay fees and costs, as her monthly disability payments are less than her monthly expenses and support obligations. See generally id. at 1-2. At this stage, such allegations are sufficient to establish that defendant is unable to pay the ordinary filing fees required by the Court. 28 U.S.C. 1915(a)(1). Accordingly, defendant's #3 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/11/2019. (Katz, S.)
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Filing 8
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #3 . Plaintiff has completed the required information. She asserts that she is unable to afford to pay fees and costs, as her monthly disability payments are less than her monthly expenses and support obligations. See generally id. at 1-2. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #3 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 1/11/2019. (Katz, S.)
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for ruling on #3 MOTION for Leave to Proceed in forma pauperis Signed by Judge Charles S. Haight, Jr on 1/10/2019.(Freberg, B)
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| Filing 6 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 #3 MOTION for Leave to Proceed in forma pauperis filed by Elizabeth Profeta, #4 Order on Pretrial Deadlines, #2 Notice (Other) filed by Elizabeth Profeta, #5 Electronic Filing Order, #1 Notice of Removal filed by Elizabeth Profeta Signed by Clerk on 1/9/2019. (Attachments: #1 Standing Order on Removals)(Reis, Julia) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 1/8/2019.(Reis, Julia)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 3/9/2019 Discovery due by 7/10/2019 Dispositive Motions due by 8/14/2019 Signed by Clerk on 1/8/2019.(Reis, Julia)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Elizabeth Profeta. (Reis, Julia) |
| Filing 2 NOTICE of Removing Case to Federal Court by Elizabeth Profeta (Reis, Julia) |
| Filing 1 NOTICE OF REMOVAL by Elizabeth Profeta from Superior Court at Litchfield, case number LLI-cv-18-6020440., filed by Elizabeth Profeta.(Reis, Julia) |
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