Callahan v. ICare Health Network et al
| Tachica Callahan |
| Raymond Hackling, Emily Gonzalez, Merinda Brown-Williams, Chris Wright, ICare Health Network, Jesse Martin, Gwen Cannon, Meriden Care Center and Meriden Care Center doing business as Silver Springs |
| 3:2019cv01679 |
| October 24, 2019 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e |
| None |
Docket Report
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| Filing 14 MOTION to Vacate Order/Judgment and Reopen Case and Dismiss or Set Aside Notice of Voluntary Dismissal with Prejudice on Grounds of Mootness by Tachica Callahan. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2)(Freberg, B) |
Filing 13
ORDER DENYING WITHOUT PREJUDICE MOTION TO SET ASIDE VOLUNTARY DISMISSAL (DOC. #12). On October 24, 2019, plaintiff filed a complaint in this action. Doc. #1. On November 25, plaintiff then filed a signed document titled NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE. Doc. #10. The notice stated: "The Plaintiff, Tachica M. Callahan, Pro Se, hereby gives notice of her withdrawal of this action, with prejudice, as to all claims and all defendants." Ibid. The notice was signed and dated by plaintiff on November 14, 2019. Ibid. On the basis of this notice, the Clerk of Court closed plaintiff's case. Plaintiff since then has filed a notice and motion to set aside her voluntary dismissal. Docs. #11 and #12. Plaintiff's filings do not coherently explain why plaintiff's notice of voluntary dismissal should be set aside. In particular, they do not explain why plaintiff filed the notice of dismissal in the first place and what circumstances have occurred that constitute good cause for plaintiff to withdraw her notice. Although plaintiff is a pro se party, she has filed many actions in federal court, and the Court is concerned that plaintiff may have agreed with the defendants to withdraw this lawsuit and now seeks to vexatiously renege on this agreement. Accordingly, the Court DENIES without prejudice plaintiff's motion to set aside her voluntary dismissal without prejudice to plaintiff's filing of a renewed motion on or before December 11, 2019, that explains the following: (1) why plaintiff filed her notice of voluntary dismissal in the first instance, and (2) what circumstances have arisen to justify her withdrawal of the notice of voluntary dismissal, and (3) whether plaintiff signed a settlement and/or release agreement with one or more of the defendants to withdraw this action. If plaintiff signed such an agreement, she shall file this agreement with the Court and explain why it is not enforceable against her. In the event that plaintiff reached a settlement and/or release agreement with defendants that she now seeks to breach by continuing this litigation, plaintiff should be advised that the Court may conclude that she should be held liable for defendants' attorney's fees in the event that that this action is reinstated to the Court's docket and that defendants are required to expend attorney's fees to enforce a settlement and/or release agreement. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/2/2019. (Freberg, B)
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| Filing 12 MOTION to Set Aside Voluntary Dismissal by Tachica Callahan. (Pesta, J.) |
| Filing 11 NOTICE to the District Court of Motion to Set Aside Full and Final Stipulation Filed with WCC Per C.G.S. 31-315 by Tachica Callahan (Attachments: #1 part 2)(Freberg, B) |
| Filing 10 NOTICE of Voluntary Dismissal with prejudice of case by Tachica Callahan. (Pipech, L.) |
| Filing 9 USM 285 forms together with Summons/Notice of Lawsuit/Request for Waiver of Service of Summons and all instructions mailed to IFP plaintiff to complete and return to Clerk's office. (Freberg, B) |
| Filing 8 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 #6 Notice, #5 Protective Order, 7 Order on Motion for Leave to Proceed in forma pauperis, #3 Order on Pretrial Deadlines, #2 MOTION for Leave to Proceed in forma pauperis filed by Tachica Callahan, #4 Electronic Filing Order, #1 Complaint filed by Tachica Callahan. Signed by Clerk on 10/29/2019.(Freberg, B) |
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Jeffrey A. Meyer on 10/29/2019. (Freberg, B)
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| Filing 6 NOTICE Re Initial Discovery Protocols. Signed by Clerk on 10/24/2019. (Attachments: #1 Discovery Attachment)(Freberg, B) |
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Jeffrey A. Meyer on 10/24/2019.(Freberg, B)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Jeffrey A. Meyer on 10/24/2019.(Freberg, B)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 12/23/2019; Discovery due by 4/24/2020; Dispositive Motions due by 5/29/2020. Signed by Clerk on 10/24/2019.(Freberg, B)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tachica Callahan. (Freberg, B) |
| Filing 1 COMPLAINT against Merinda Brown-Williams, Gwen Cannon, Emily Gonzalez, Raymond Hackling, ICare Health Network, Jesse Martin, Meriden Care Center, Chris Wright, filed by Tachica Callahan.(Freberg, B) |
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