Murphy et al v. Lamont
| Sean Murphy, Robert Barnes and Daniel Reale |
| Ned Lamont |
| 3:2020cv00694 |
| May 19, 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 28 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION., Motion Hearing re #17 Amended MOTION for Preliminary Injunction , filed per Order and Reflecting Amended Complaint, #3 Emergency MOTION for Preliminary Injunction has been changed to 7/29/2020 01:30 PM before Judge Janet C. Hall via Zoom. The public may access the proceedings by telephone at 1-646-828-7666, entering meeting ID no. 1611142571, and meeting password 552386 when prompted. The public may also join by video conference through the Zoom application at https://www.zoomgov.com/j/1611142571. 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 and appropriate by the court. (Lewis, D) |
| NOTICE regarding hearing via Zoom: The Oral Argument scheduled for 7/29/2020 at 1:30 will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1611142571?pwd=VExSZ2ptbmZwM3ZITjIxalpxVlhvdz09 and call in number is 1-646-828-7666.Meeting ID: 161 114 2571 Meeting Password: 552386Please 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 and appropriate by the court. (Lewis, D) |
| Filing 27 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 7/14/2020. Motion Hearing as to #17 Amended MOTION for Preliminary Injunction, and #3 Emergency MOTION for Preliminary Injunction has been changed to 7/29/2020 01:30 PM before Judge Janet C. Hall. This hearing will be held via video conference. Technical details for connecting to the conference will be docketed separately. (DeRubeis, B.) |
| Filing 26 Minute Entry. Proceedings held before Judge Janet C. Hall: Telephonic Status Conference held on 7/10/2020, granting in part and denying in part #23 Motion to Strike. The court will allow the Defendant to file a sur reply in response to the Plaintiffs' Reply (Doc. No. 22). This sur reply should respond only to new evidence or facts presented in the Plaintiffs Reply that relate to claims pled in the Amended Complaint. The sur reply need not address new claims. The court will allow the Plaintiffs to respond to the Defendants sur reply. This reply must strictly adhere to the requirements of Rule 7(d) of the Local Rules of Civil Procedure: it must not exceed 10 pages and must be strictly confined to a discussion of matters raised by, and must contain references to the pages of, the [the Defendant's sur reply]. D. Conn. L. Civ. R. 7(d). Failure to follow these requirements will result in the court striking the reply sua sponte. The Defendant's Sur Reply is due 7/21/2020 at 12:00pm. The Plaintiffs Reply to Defendant's Sur Reply is due 7/24/2020 at 12:00pm. Oral argument will be rescheduled for 7/29/2020 at 1:30. A separate calendar notice will follow. Total time: 30 minutes. (Court Reporter Terri Fidanza.) (DeRubeis, B.) |
| Filing 25 Joint OBJECTION re #23 MOTION to Strike #22 Reply to Response to Motion,,,,,,,,,,,,,, Motion to exclude new claims and facts not alleged in amended complaint or in the alternative motion for permission to file sur-reply brief [Limited] in the sense that extension should be limited to July 17th, and hearing held no later than July 20 filed by Robert Barnes, Sean Murphy, Daniel Reale. (Bona, Edward) |
| Filing 24 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 7/10/2020 09:00 AM in Chambers Room 107, 141 Church St., New Haven, CT before Judge Janet C. Hall. Counsel and pro se litigants 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.) |
| Filing 23 MOTION to Strike #22 Reply to Response to Motion,,,,,,,,,,,,,, Motion to exclude new claims and facts not alleged in amended complaint or in the alternative motion for permission to file sur-reply brief by Ned Lamont.Responses due by 7/27/2020 (Margulies, Beth) |
| Filing 22 REPLY to Response to #3 Emergency MOTION for Preliminary Injunction , #17 Amended MOTION for Preliminary Injunction , filed per Order and Reflecting Amended Complaint filed by Robert Barnes, Sean Murphy, Daniel Reale. (Attachments: #1 Exhibit Plaintiff's Exhibit T, Supplemental Declaration of Sean Murphy, #2 Exhibit Plaintiff's Exhibit Supplemental Declaration of Robert Barnes, #3 Exhibit Plaintiff's Exhibit Supplemental Declaration of Daniel Reale, #4 Exhibit Plaintiff's Exhibit EO 7BBB, #5 Exhibit Plaintiff's Exhibit Y - test for antibodies, scope and definition, #6 Exhibit Plaintiff's Exhibit Z -re PCR test for current infection, #7 Exhibit Plaintiff's Exhibit CT Data Methodology re COVID-19 Associated Death still retained, #8 Exhibit Plaintiff's Exhibit EO 7AA Surge Plan for Nursing Homes April 15, #9 Exhibit Plaintiff's Exhibit CT Data - Majority of Deaths Among Elderly and in Nursing Homes, #10 Exhibit Plaintiff's Exhibit DD - Meta analysis of studies on asymptomatic spread, #11 Plaintiff's Exhibit EE - NE Journal of Medicine on Viral Loads, Factors to Consider with Asymptomatic Spread, #12 Exhibit Plaintiff's Exhbit FF Dr. Fauci Co-Authored Article Predicting COVID-19 Lethality on Par with Flu, not SARS, #13 Exhibit Plaintiff's Exhibit GG - CDC Hospitalization and Death Data by Age, #14 Exhibit Plaintiff's Exhibit HH - MATH+ Treatment Protocol, #15 Exhibit Plaintiff's Exhibit II - Eastern Virginia University School of Medicine Description of Successful MATH+ Treatment Protocol, #16 Exhibit Plaintiff's Exhibit JJ - Decision from USDC (Northern NY) Ruling Restrictions on Gatherings Unconstitutional Under Strict Scrutiny Standard, #17 Exhibit Plaintiff's Exhibit KK - Hartford Healthcare Estimation that CT Likely Had 10 Times the number of infections as postive tests, #18 Exhibit Plaintiff's Exhibit LL - News Article Documenting CDC Director Robert Redfield Characterizing EO 7BBB as 'lacking value', #19 Exhibit Plaintiff's Exhibit MM - Study on Contamination of Fungi and Bacteria Caused by Facemasks, #20 Exhibit Plaintiff's Exhibit NN - Study to Attempt to Quantify the Effectiveness of Masks on Stopping the Spread of the Common Cold, #21 Exhibit Plaintiff's Exhibit OO - Meta Analysis of Studies Concerning Masks Used to Stop the Spread of Viral Pathogens, #22 Exhibit Plaintiff's Exhibit PP - Meta Analysis of Studies Concerning Masks Used to Stop the Spread of Viral Pathogens, Noting Compliance Issues and Other Variables, #23 Exhibit Plaintiff's Exhibit QQ - CDC Guideslines on Extensing Use of PPE Beyond Manufacturer Guidelines, #24 Exhibit Plaintiff's Exhibit RR - Manufacturer Guidelines on Proper Use of n95 Masks, #25 Exhibit Plaintiff's Exhibit SS - Attempt to Study Effectiveness of Various Mask Types on Disease Transmission, with models and methdologies, #26 Exhibit Plaintiff's Exhibit TT - Reuse of n95 PPE in Healthcare Settings, #27 Exhibit Plaintiff's Exhibit UU - CDC Comparison of Masks, Hand Hygiene, Surface Cleaning and Resporatory Etiquette to Combast Disease Spread, and Comparison Among the Four, #28 Exhibit Plaintiff's Exhibit VV - Size, Structure of SARS-cov-2 Virus, #29 Exhibit Plaintiff's Exhibit X - Plans to Reopen Schools, Requiring Indefinite Extension of Emergency)(Bona, Edward) |
| Filing 21 Memorandum in Opposition Defendant's Supplemental Memo of Law in Opposition to Emergency Motion for Temporary Injunction Regarding Counts Five and Six of the Amended Complaint Per Court Order Doc. #16 re #3 Emergency MOTION for Preliminary Injunction filed by Ned Lamont. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17)(Margulies, Beth) |
| Filing 20 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing as to #17 Amended MOTION for Preliminary Injunction , and #3 Emergency MOTION for Preliminary Injunction set for 7/14/2020 09:30 AM before Judge Janet C. Hall. The public may access the proceedings by telephone at 1-646-828-7666, entering meeting ID no. 1603630617, and meeting password 644682 when prompted. The public may also join by video conference through the Zoom application at https://www.zoomgov.com/j/1603630617. 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 and appropriate by the court. (Lewis, D) |
| NOTICE regarding hearing via Zoom: The Motion Hearing scheduled for 7/14/2020 at 9:30 will be conducted via Zoom. The video link is Motion Hearing and call in number is 1-646-828-7666.Meeting ID: 160 363 0617 Meeting Password: 644682Please 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. (Lewis, D) |
| Filing 19 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION., Motion Hearing re #17 Amended MOTION for Preliminary Injunction , #3 Emergency MOTION for Preliminary Injunction set for 7/13/2020 09:30 AM before Judge Janet C. Hall via Zoom. The public may access the proceedings by telephone at 1-646-828-7666, entering meeting ID no. 1603630617, and meeting password 644682 when prompted. The public may also join by video conference through the Zoom application at https://www.zoomgov.com/j/1603630617. 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 and appropriate by the court. (Lewis, D) |
| Filing 17 Amended MOTION for Preliminary Injunction , filed per Order and Reflecting Amended Complaint by Robert Barnes, Sean Murphy, Daniel Reale.Responses due by 7/6/2020 (Bona, Edward) |
| NOTICE regarding hearing via Zoom: The Motion Hearing scheduled for 7/13/2020 at 9:30 will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1603630617?pwd=NjJpZzRGWmpTNzgyK1haVCtzY2JUZz09 and call in number is 1-646-828-7666.Meeting ID: 1603630617 Meeting Password: 644682Please 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 and appropriate by the court. (Lewis, D) |
| Filing 18 AMENDED COMPLAINT against Ned Lamont, filed by Sean Murphy, Daniel Reale, Robert Barnes.(Lewis, D) |
| Filing 16 Minute Entry. Proceedings held before Judge Janet C. Hall: Motion Hearing held on 6/9/2020; granting #14 Motion to Amend/Correct, Clerk is directed to docket the amended complaint; granting 15 Motion for Extension of Time, answer deadline extended to 7/29/2020; Amended Motion for Preliminary Injunction to be filed by 6/16/2020, Response due 6/26/2020 at noon, Reply due 7/3/2020 at noon, Oral argument (via Zoom) set for 7/13; calendar to issue.Daniel Reale consents to email notification 27 minutes(Court Reporter Terri Fidanza.) (Lewis, D) |
| Filing 15 Oral MOTION for Extension of Time until 7/29/2020 to file answer to #1 Complaint by Ned Lamont. (Lewis, D) |
| Filing 14 First MOTION to Amend/Correct #1 Complaint Adding Two Counts as New Information Has Revealed by Robert Barnes, Sean Murphy, Daniel Reale.Responses due by 6/29/2020 (Attachments: #1 Supplement Proposed Amended Complaint Adding Two Counts)(Bona, Edward) |
| Filing 13 Memorandum in Opposition to Plaintiff's Emergency Motion for Temporary Injunction re #3 Emergency MOTION for Preliminary Injunction filed by Ned Lamont. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Margulies, Beth) |
Filing 12
ORDER terminating #2 MOTION for Extension of Time until May 21, 2020 Payment of Filing Fee (en route via priority mail) #1 Complaint. Terminated as moot. SO ORDERED by Judge Janet C. Hall on 6/1/2020. (Lewis, D)
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| Filing 11 WAIVER OF SERVICE Returned Executed as to All Plaintiffs filed by Sean Murphy, Daniel Reale, Robert Barnes. (Bona, Edward) |
| Filing 10 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 6/9/2020 12:30 PM in Chambers Room 107, 141 Church St., New Haven, CT before Judge Janet C. Hall. Counsel and pro se litigant 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.) |
| Filing 9 NOTICE of Appearance by Beth Z. Margulies on behalf of Ned Lamont (Margulies, Beth) |
| Filing fee received from Sean Murphy: $ 400.00, receipt number CTXN00021397 (Pesta, J.) Modified on 5/21/2020 to add receipt number (Nuzzi, Tiffany). |
| 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 #1 Complaint filed by Daniel Reale, Sean Murphy, Robert Barnes, #2 MOTION for Extension of Time until May 21, 2020 Payment of Filing Fee (en route via priority mail) #1 Complaint filed by Daniel Reale, Sean Murphy, Robert Barnes, #3 Emergency MOTION for Preliminary Injunction filed by Daniel Reale, Sean Murphy, Robert Barnes, #4 Order on Pretrial Deadlines, #5 Electronic Filing Order, #6 Standing Protective Order, #7 Standing Order re: Discovery Signed by Clerk on 5/19/2020. (Reis, Julia) |
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Filing 7
Standing Order re: Discovery Signed by Judge Janet C. Hall on 5/19/2020. (Reis, Julia)
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Janet C. Hall on 5/19/2020. (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 Janet C. Hall on 5/19/2020. (Reis, Julia)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 7/18/2020. Discovery due by 11/18/2020. Dispositive Motions due by 12/23/2020. Signed by Clerk on 5/19/2020. (Reis, Julia)
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| Filing 3 Emergency MOTION for Preliminary Injunction by Robert Barnes, Sean Murphy, Daniel Reale. Responses due by 6/9/2020 (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S)(Bona, Edward) Modified on 5/19/2020 to correct party (Hushin, Z.). |
| Filing 2 MOTION for Extension of Time until May 21, 2020 Payment of Filing Fee (en route via priority mail) #1 Complaint by Robert Barnes, Sean Murphy, Daniel Reale. (Bona, Edward) Modified on 5/19/2020 to correct party (Hushin, Z.). |
| Filing 1 COMPLAINT (Verifed Complaint) against Ned Lamont, filed by Sean Murphy, Daniel Reale, Robert Barnes.(Bona, Edward) Modified on 5/19/2020 to correct party (Hushin, Z.). |
| Judge Janet C. Hall added. (Oliver, T.) |
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