Wilkes et al v. Lamont et al
| Gail Litsky, Vincent Ardizzone, Carson Mueller, Barbara Flood and Thomas Wilkes |
| Connecticut Valley Hospital, Whiting Forensic Hospital, State of Connecticut, Department of Mental Health and Addiction Services, Ned Lamont, Hal Smith, Miriam E. Delphin-Rittmon and Lakisha Hyatt |
| 3:2020cv00594 |
| April 30, 2020 |
| US District Court for the District of Connecticut |
| Janet C Hall |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 43 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 re: #24 Motion for Preliminary Injunction set for 7/29/2020 09:30 AM before Judge Janet C. Hall. This matter will be held via video conferencing. Technical details for connecting to the conference will be docketed separately. (DeRubeis, B.) |
| Filing 42 CERTIFICATE OF GOOD STANDING re #14 MOTION for Attorney(s) Jennifer Mathis to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848506) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Mathis, Jennifer) |
| Filing 41 CERTIFICATE OF GOOD STANDING re #29 MOTION for Attorney(s) Steven J. Schwartz to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5908612) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Schwartz, Steven) |
| Filing 40 NOTICE of Appearance by Mark J. Murphy on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Murphy, Mark) |
| Filing 39 NOTICE of Appearance by Jennifer Mathis on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Mathis, Jennifer) |
| Filing 38 NOTICE of Appearance by Steven J. Schwartz on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Schwartz, Steven) |
Filing 37
ORDER granting #21 Motion to Appear ; granting #29 Motion to Appear ; granting #14 Motion to Appear Certificate of Good Standing due by 8/15/2020. Signed by Clerk on 6/16/2020. (Lewis, D)
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| Filing 36 CERTIFICATE OF GOOD STANDING re #13 MOTION for Attorney(s) Ira Burnim to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848451) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Lowry, Kirk) |
| Filing 35 NOTICE by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes Corrected Memorandum in Support of Motion for PI (Lowry, Kirk) |
| Filing 34 Memorandum in Support re #32 MOTION to Dismiss Supplemental Memorandum in Support of Motion to Dismiss filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Urban, Ralph) |
| Filing 33 Memorandum in Support re #32 MOTION to Dismiss filed by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Attachments: #1 Exhibit 1 Declaration of Kathryn Stackpole, #2 Exhibit 2 Declaration of Charles Dike, #3 Exhibit 3 Gloria Drummer v. State of Connecticut, et al. Amended Motion for Class Certification with attached complaint)(Urban, Ralph) |
| Filing 32 MOTION to Dismiss by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith.Responses due by 7/2/2020 (Urban, Ralph) |
| Filing 31 NOTICE of Appearance by Shawn L Rutchick on behalf of Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith (Rutchick, Shawn) |
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Filing 30
ORDER re #27 Proposed Order filed by Hal Smith, Lakisha Hyatt, Ned Lamont, Miriam E. Delphin-Rittmon. The defendants' briefing schedule is approved, in light of the time plaintiffs needed to develop their motion and supporting materials, and the challenges that Covid 19 present in the defendants' preparing a response to the plaintiffs, including likely expert filings. The plaintiff is given 14 days to reply, but of course can seek more time. The court expects to schedule this for matter for oral argument the week of July 27, unless plaintiffs indicate they will only need a week to reply, in which case the court would likely advance the hearing. SO ORDERED by Judge Janet C. Hall on 6/10/2020.(DeRubeis, B.)
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| Filing 29 MOTION for Attorney(s) Steven J. Schwartz to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-5908612) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: #1 Affidavit Declaration of Steven J. Schwartz and Attachment A)(Lowry, Kirk) |
| Filing 28 NOTICE of Appearance by Ira Burnim on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Burnim, Ira) |
| Filing 27 PROPOSED ORDER Defendants Proposed Briefing Schedule by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Salton, Henry) |
| Filing 26 NOTICE by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes re #24 MOTION for Preliminary Injunction Notice of Objection of Request for Additional Time to Respond (Lowry, Kirk) |
| Filing 25 Memorandum in Support of #24 Motion for Preliminary Injunction by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes.Responses due by 6/29/2020 (Attachments: #1 Exhibit Exhibit List to Memo In Support, #2 Exhibit 1 Dr. Manian Declaration, #3 Exhibit 2 Canavan-Jones Declaration, #4 Affidavit 3 Mueller Affidavit, #5 Affidavit 4 Ardizzone Affidavit, #6 Affidavit 5 Litsky Affidavit, #7 Affidavit 6 Clarke Affidavit, #8 Affidavit 7 King Affidavit, #9 Affidavit 8 Gudis Affidavit, #10 Exhibit 9 CT DPH LTCF Guidance, #11 Exhibit 10 CMS NH Reopening, #12 Exhibit 11 CDC How to Protect Yourself, #13 Exhibit 12 CDC Key Strategies to Prepare LTCFs, #14 Exhibit 13 CDC Preparing for COVID-19 in NFs, #15 Exhibit 14 CDC Responding to Coronavirus in NFs, #16 Exhibit 15 CDC Testing Guidance for NHs, #17 Exhibit 16 CDC Performing Facility-wide Testing in NHs, #18 Exhibit 17 CDC Infection Prevention and Control - IPC, #19 Exhibit 18 SAMHSA Care and Tx of MH in COVID-19 Epidemic)(Lowry, Kirk) Modified on 6/26/2020 to change event type (Reis, Julia). |
| Filing 24 MOTION for Preliminary Injunction by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes.Responses due by 6/29/2020 (Lowry, Kirk) |
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Filing 23
ORDER granting #22 First MOTION for Extension of Time until June 26, 2020 to File Answer or Response to First Amended Complaint #10 Amended Complaint. SO ORDERED by Judge Janet C. Hall on 5/22/2020. (Lewis, D)
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| Filing 22 First MOTION for Extension of Time until June 26, 2020 to File Answer or Response to First Amended Complaint #10 Amended Complaint by Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith. (Melendez, Emily) |
| Filing 21 MOTION for Attorney(s) Mark J. Murphy to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5861055) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: #1 Affidavit and Attachment A)(Lowry, Kirk) |
| Filing 20 SUMMONS Returned Executed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Thomas Wilkes, Carson Mueller. State of Connecticut served on 5/6/2020, answer due 5/27/2020; Connecticut Valley Hospital served on 5/6/2020, answer due 5/27/2020; Miriam E. Delphin-Rittmon served on 5/6/2020, answer due 5/27/2020; Lakisha Hyatt served on 5/6/2020, answer due 5/27/2020; Ned Lamont served on 5/6/2020, answer due 5/27/2020; Department of Mental Health and Addiction Services served on 5/6/2020, answer due 5/27/2020; Hal Smith served on 5/6/2020, answer due 5/27/2020; Whiting Forensic Hospital served on 5/6/2020, answer due 5/27/2020. (Lowry, Kirk) |
| Filing 19 NOTICE of Appearance by Laura D. Thurston on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Thurston, Laura) |
| Filing 18 NOTICE of Appearance by Emily V. Melendez on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Melendez, Emily) |
| Filing 17 NOTICE of Appearance by Ralph E. Urban on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Urban, Ralph) |
| Filing 16 NOTICE of Appearance by Henry A. Salton on behalf of State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital (Salton, Henry) |
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Filing 15
ORDER granting #13 MOTION for Attorney Ira Burnim to be Admitted Pro Hac Vice. Certificate of Good Standing due by 7/10/2020. Signed by Clerk on 5/11/2020. (Reis, Julia)
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| Filing 14 MOTION for Attorney(s) Jennifer Mathis to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848506) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: #1 Affidavit and Attachment A)(Lowry, Kirk) |
| Filing 13 MOTION for Attorney(s) Ira Burnim to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5848451) by Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes. (Attachments: #1 Affidavit Ira Burnim, #2 Exhibit A)(Lowry, Kirk) |
| Filing 12 Minute Entry for proceedings held before Judge Janet C. Hall: Telephonic Status Conference held on 5/7/2020. As stated on the record, the court will await plaintiffs' Motion and supporting memorandum of law, as required by Local Rule of Civil Procedure 7(a). Within one day after plaintiffs' Motion is filed, defendants shall submit a proposed briefing schedule for their response. Defendants shall confer with plaintiffs' counsel to ascertain their position on the proposed schedule. Total Time: 1 hours and 15 minutes (Court Reporter Terri Fidanza.) (DeRubeis, B.) |
| Filing 11 NOTICE of Appearance by Virginia Martins Teixeira on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Teixeira, Virginia) |
| Filing 10 AMENDED COMPLAINT against Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Hal Smith, filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Thomas Wilkes, Carson Mueller.(Lowry, Kirk) |
| Filing 9 NOTICE of Appearance by Karyl Lee Hall on behalf of Vincent Ardizzone, Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes (Hall, Karyl Lee) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *State of Connecticut, Connecticut Valley Hospital, Miriam E. Delphin-Rittmon, Lakisha Hyatt, Ned Lamont, Department of Mental Health and Addiction Services, Hal Smith, Whiting Forensic Hospital* with answer to complaint due within *21* days. Attorney *Kirk W. Lowry* *Connecticut Legal Rights Project, Inc.-Mdltn* *Silver St., PO Box 351* *Middletown, CT 06457*. (Reis, Julia) |
| Filing 7 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 5/7/2020 11:30 AM in Chambers Room 107, 141 Church St., New Haven, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. Please use the following dial-in for this call: 1-877-873-8017; Access Code: 6415663#. (DeRubeis, B.) |
| Request for Clerk to issue summons as to Hal Smith. (Lowry, Kirk) |
| Request for Clerk to issue summons as to Miriam E. Delphin-Rittmon. (Lowry, Kirk) |
| Request for Clerk to issue summons as to Ned Lamont. (Lowry, Kirk) |
| Request for Clerk to issue summons as to Lakisha Hyatt. (Lowry, Kirk) |
| Request for Clerk to issue summons as to Whiting Forensic Hospital. (Lowry, Kirk) |
| Request for Clerk to issue summons as to State of Connecticut. (Lowry, Kirk) |
| Request for Clerk to issue summons as to Department of Mental Health and Addiction Services. (Lowry, Kirk) |
| Request for Clerk to issue summons as to Connecticut Valley Hospital. (Lowry, Kirk) |
| 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 #1 Complaint, filed by Barbara Flood, Gail Litsky, Carson Mueller, Thomas Wilkes, Vincent Ardizzone, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order, #4 Standing Protective Order, #5 Standing Order re: Discovery Signed by Clerk on 5/1/2020. (Reis, Julia) |
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Filing 5
Standing Order re: Discovery Signed by Judge Janet C. Hall on 4/30/2020. (Reis, Julia)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Janet C. Hall on 4/30/2020. (Reis, Julia)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet C. Hall on 4/30/2020. (Reis, Julia)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 6/29/2020. Discovery due by 10/30/2020. Dispositive Motions due by 12/4/2020. Signed by Clerk on 4/30/2020. (Reis, Julia)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5832340.), filed by Vincent Ardizzone, Barbara Flood, Gail Litsky, Thomas Wilkes, Carson Mueller.(Lowry, Kirk) Modified on 4/30/2020 to correct filed by/against parties (Hushin, Z.). |
| Judge Janet C. Hall added. (Oliver, T.) |
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