Auracle Homes, LLC et al v. Lamont
| 216 East Main Street Meriden, LLC, Prime Management, LLC, Buckley Farms, LLC, FD Management, LLC, Orange Capitol, LLC, Haberfeld Enterprises, LLC, BD Property Holdings, LLC and Auracle Homes, LLC |
| Ned Lamont |
| Jerome N. Frank Legal Services Organization Housing Clinic, Greater Hartford Legal Aid, Connecticut Fair Housing Center, Inc., Connecticut Legal Rights Project, Inc, Connecticut Veterans Legal Center, New Haven Legal Assistance Association and Connecticut Legal Services |
| 3:2020cv00829 |
| June 16, 2020 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER denying #2 Motion for TRO; denying #2 Motion for Preliminary Injunction for the reasons stated in the attached ruling. Signed by Judge Victor A. Bolden on 8/7/2020. (Conde, Djenab)
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| Filing 40 RESPONSE re #30 Notice (Other), #28 MOTION for Leave to File Proposed Amicus Brief in Support of Defendant, 29 Order on Motion for Leave to File filed by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Attachments: #1 Exhibit A: Portion of Transcript of March 29, 2020 Meeting of Judicial Rules Committee, #2 Exhibit B: Notice from Judicial Branch - July 1, 2020, #3 Exhibit C: Dept. of Housings Temporary Rental Housing Assistance Program description)(Fishbein, Craig) |
| Filing 39 Minute Entry for virtual proceedings held before Judge Victor A. Bolden: Motion Hearing via Zoom held on 7/22/2020 re #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by 216 East Main Street Meriden, LLC, Buckley Farms, LLC, Prime Management, LLC, Haberfeld Enterprises, LLC, FD Management, LLC, Auracle Homes, LLC, Orange Capitol, LLC, BD Property Holdings, LLC.Plaintiffs may file a response to the #30 Amici Brief by August 5, 2020. Total Time: 0 hours and 55 minutes(Court Reporter S. Montini.) (Conde, Djenab) |
| Filing 38 Docket Entry Correction re 37 Order on Motion for Extension of Time- order corrected to include 30 days after court's ruling on Plantiffs' Motion for Emergency Temporary Restraining Order, or in the Alternative Issuance of a Preliminary Injunction by Ned Lamont. (Perez, J.) |
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Filing 37
ORDER granting #34 Motion for Extension of Time until 30 days after Court's ruling on Plantiffs' Motion for Emergency Temporary Restraining Order, or in the Alternative Issuance of a Preliminary Injunction by Ned Lamont. Signed by Judge Victor A. Bolden on 7/21/2020. (Conde, Djenab) Modified on 7/21/2020 (Perez, J.).
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| Filing 36 PROPOSED ORDER re #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Revised Proposed Order) by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Fishbein, Craig) |
| Filing 35 NOTICE by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC re #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #33 Trial Memo, (Fishbein, Craig) |
| Filing 34 Consent MOTION for Extension of Time until 30 days after court's ruling on Plantiffs' Motion for Emergency Temporary Restraining Order, or in the Alternative Issuance of a Preliminary Injunction by Ned Lamont. (Rodriguez, Maria) |
| NOTICE regarding hearing via Zoom: The Motion Hearing scheduled for 7/22/2020 09:00 AM before Judge Victor A. Bolden will be conducted via Zoom. The public may join by video conference through the Zoom application at https://www.zoomgov.com/j/1610459274?pwd=cmVQUFRDd09PU2ZOcElkZW9YNWNOdz09. The public may also access the proceedings by telephone at 1-646-828-7666, entering meeting ID no. 161 045 9274 when prompted. Meeting password: 122859. Please 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. (Perez, J.) |
| Filing 33 TRIAL MEMO JOINT STIPULATED FACTS FOR HEARING ON PLAINTIFFS EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER, OR IN THE ALTERNATIVE, ISSUANCE OF PRELIMINARY INJUNCTION by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC Estimated trial time 1 hour. (Fishbein, Craig) |
| Filing 32 REPLY to Response to #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Attachments: #1 Exhibit A: Governor Lamont's Executive-Order-No-7X, #2 Exhibit B: Governor Cuomo's Executive Order 202.8, #3 Exhibit C: Governor Cuomo's Executive Order 202.28)(Fishbein, Craig) |
| Filing 31 OBJECTION re #30 Notice (Other), #28 MOTION for Leave to File Proposed Amicus Brief in Support of Defendant, 29 Order on Motion for Leave to File filed by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Fishbein, Craig) |
| Filing 30 NOTICE by Connecticut Fair Housing Center, Inc., Connecticut Legal Rights Project, Inc, Connecticut Legal Services, Connecticut Veterans Legal Center, Greater Hartford Legal Aid, Jerome N. Frank Legal Services Organization Housing Clinic, New Haven Legal Assistance Association of Filing of Amicus Brief in Support of Defendant (Shay, Giovanna) |
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Filing 29
ORDER granting #28 Motion for Leave to File Amicus Brief. Defendant is directed to file the amicus brief on the docket. Signed by Judge Victor A. Bolden on 7/16/2020. (Conde, Djenab)
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| Filing 28 MOTION for Leave to File Proposed Amicus Brief in Support of Defendant by Greater Hartford Legal Aid, Connecticut Legal Services, New Haven Legal Assistance Association, Connecticut Fair Housing Center, Inc., Connecticut Veterans Legal Center, Connecticut Legal Rights Project, Inc, Jerome N. Frank Legal Services Organization Housing Clinic. (Attachments: #1 Proposed Amicus Brief)(Shay, Giovanna) |
| Filing 27 Memorandum in Opposition re #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ned Lamont. (Attachments: #1 Appendix)(Rodriguez, Maria) |
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Filing 26
ORDER regarding Settlement Conference. Parties are to submit ex parte settlement briefs to Judge Garfinkel's Chambers no later than end of day, Wednesday, July 8, 2020. Briefs may be emailed to Judge Garfinkel's law clerk at Elizabeth_Buchanan@ctd.uscourts.gov. Signed by Judge William I. Garfinkel on 07/02/2020.(Buchanan, Elizabeth)
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| Filing 25 Minute Entry for proceedings held before Judge William I. Garfinkel: Pre-Settlement Conference Call held on 7/2/2020. 15 minutes (Buchanan, Elizabeth) |
| Filing 24 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Pre-Settlement Conference set for 7/2/2020 at 2:00 PM before Judge William I. Garfinkel.Counsel shall call the Chamber's Conference Line at the designated time: (877) 336-1831; Access Code: 49-24-598. A date for the rescheduled settlement conference will be set during the telephone call. Counsel should obtain dates of unavailability from their clients or their representatives with settlement authority over the next 60 days and have their own calendars available to aid in the scheduling. This telephone conference will not be rescheduled based on requests from counsel. (Buchanan, Elizabeth) |
| Filing 23 AMENDED COMPLAINT Adding allegations and requested relief as a result of newly issued Executive Order 7DDD against Ned Lamont, filed by Haberfeld Enterprises, LLC, BD Property Holdings, LLC, Orange Capitol, LLC, Auracle Homes, LLC, Buckley Farms, LLC, Prime Management, LLC, FD Management, LLC, 216 East Main Street Meriden, LLC. (Attachments: #1 Exhibit A: Declaration of Public Health and Civil Preparedness Emergencies, #2 Exhibit B: Executive Order 7G, #3 Exhibit C: Executive Order 7X, #4 Exhibit D: Executive Order 7DDD)(Fishbein, Craig) |
| Filing 22 NOTICE of Appearance by Maria C. Rodriguez on behalf of Ned Lamont in his individual capacity (Rodriguez, Maria) |
| Filing 21 NOTICE of Appearance by Philip Miller on behalf of Ned Lamont in his Indvidual Capacity (Miller, Philip) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for settlement conference. Signed by Judge Victor A. Bolden on 6/22/2020.(Perez, J.)
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| Filing 19 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Set/Reset Deadlines as to #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 7/22/2020 09:00 AM before Judge Victor A. Bolden. (Conde, Djenab) |
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Filing 18
SCHEDULING ORDER: Following a scheduling conference by Zoom, the Court adopts the following briefing schedule for Plaintiffs' #2 emergency motion for temporary restraining order and preliminary injunction.Defendant's response is due July 10, 2020.Plaintiffs' reply is due July 17, 2020.The parties must submit a joint report with stipulations, exhibits, and witnesses by July 20, 2020. All proposed exhibits should be attached to the report and filed on the docket.The Court will hold a motion hearing on July 22, 2020 at 9:00 a.m. Information for how to connect remotely will be available closer to the date. Signed by Judge Victor A. Bolden on 6/19/2020.(Conde, Djenab)
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| Filing 17 Minute Entry for virtual proceedings held before Judge Victor A. Bolden: Scheduling Conference via ZOOM held on 6/19/2020.A scheduling order will issue. Additionally, following the parties' agreement for referral to a magistrate judge for a settlement conference, an order referring them for settlement will also follow. Total Time: 0 hours and 11 minutes (Court Reporter S. Montini.) (Conde, Djenab) |
| Filing 16 CERTIFICATE OF SERVICE by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC re #10 Electronic Summons Issued, #3 Memorandum in Support of Motion,,, #7 Electronic Filing Order, #6 Order on Pretrial Deadlines, #1 Complaint, #4 Proposed Order, #8 Protective Order, #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Re: Ned Lamont in His Individual and Official Capacities (Fishbein, Craig) |
| Filing 15 NOTICE of Appearance by Maria C. Rodriguez on behalf of Ned Lamont (Rodriguez, Maria) |
| Filing 14 NOTICE of Appearance by Philip Miller on behalf of Ned Lamont (Miller, Philip) |
| NOTICE regarding hearing via Zoom: The Scheduling Conference scheduled for June 19, 2020 at 3:00 p.m. will be conducted via Zoom. The public may join by video conference through the Zoom application at https://www.zoomgov.com/j/1616044632?pwd=ZkJrdXlVRHJ4c3F0RTNpRW5VWG5iZz09. The public may also access the proceedings by telephone at 1-646-828-7666, entering meeting ID no. 161 604 4632 when prompted. Meeting password: 212923.Please 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. (Perez, J.) Modified on 6/19/2020 to correct type of hearing (Perez, J.). |
| Filing 13 STATUS REPORT Re: Service of Process by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Fishbein, Craig) |
| Filing 12 NOTICE of Appearance by Cara Christine Pavalock on behalf of 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC (Pavalock, Cara) |
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Filing 11
ORDER RE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Plaintiffs have filed an #2 emergency motion for temporary restraining order and preliminary injunction. Rule 65 of the Federal Rules of Civil Procedure allows a court to enter a temporary restraining order without written or oral notice to the adverse party only if "(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1). Because Plaintiffs' papers lack the required certification by its counsel, Plaintiffs do not appear to seek any relief before the Defendant has had an adequate time to respond. Thus, to ensure appropriate notice, and before setting a schedule with respect to the pending motion, Plaintiffs shall file a status report by June 18, 2020 at 5:00 p.m., detailing the steps taken to serve process and notice on the Defendant, and verifying whether service has been effectuated. If the Defendant has been properly notified and served, then an initial status conference with the parties will be held to discuss a briefing and hearing schedule on Friday, June 19, 2020 at 3:00 p.m. by videoconference. Signed by Judge Victor A. Bolden on 6/17/2020.(Conde, Djenab)
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| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Ned Lamont* with answer to complaint due within *21* days. Attorney *Craig C. Fishbein* *Fishbein Law Firm, LLC* *100 South Main Street* *Wallingford, CT 06492*. (Fazekas, J.) |
| Filing 9 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 Memorandum in Support of Motion,,, filed by 216 East Main Street Meriden, LLC, Buckley Farms, LLC, Prime Management, LLC, Haberfeld Enterprises, LLC, FD Management, LLC, Auracle Homes, LLC, Orange Capitol, LLC, BD Property Holdings, LLC, #5 Notice of Appearance, filed by Doug Dubitsky on behalf of 216 East Main Street Meriden, LLC, Buckley Farms, LLC, Prime Management, LLC, Haberfeld Enterprises, LLC, FD Management, LLC, Auracle Homes, LLC, Orange Capitol, LLC, BD Property Holdings, LLC, #7 Electronic Filing Order, #6 Order on Pretrial Deadlines, #1 Complaint, filed by 216 East Main Street Meriden, LLC, Buckley Farms, LLC, Prime Management, LLC, Haberfeld Enterprises, LLC, FD Management, LLC, Auracle Homes, LLC, Orange Capitol, LLC, BD Property Holdings, LLC, #4 Proposed Order, filed by 216 East Main Street Meriden, LLC, Buckley Farms, LLC, Prime Management, LLC, Haberfeld Enterprises, LLC, FD Management, LLC, Auracle Homes, LLC, Orange Capitol, LLC, BD Property Holdings, LLC, #8 Standing Protective Order, #2 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by 216 East Main Street Meriden, LLC, Buckley Farms, LLC, Prime Management, LLC, Haberfeld Enterprises, LLC, FD Management, LLC, Auracle Homes, LLC, Orange Capitol, LLC, BD Property Holdings, LLC Signed by Clerk on 06/17/2020.(Fazekas, J.) |
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 06/16/2020.(Fazekas, J.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 06/16/2020.(Fazekas, J.)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 8/15/2020. Discovery due by 12/16/2020. Dispositive Motions due by 1/20/2021. Signed by Clerk on 06/16/2020.(Fazekas, J.)
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| Judge Victor A. Bolden added. (Walker, J.) |
| Filing 5 NOTICE of Appearance by Doug Dubitsky on behalf of 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC (Dubitsky, Doug) |
| Filing 4 PROPOSED ORDER re #3 Memorandum in Support of Motion,,, #2 Emergency MOTION for Temporary Restraining Order by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Fishbein, Craig) |
| Filing 3 Memorandum in Support re #2 Emergency MOTION for Temporary Restraining Order filed by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Attachments: #1 Exhibit A: Declaration of Public Health and Civil Preparedness Emergencies, #2 Exhibit B: Executive Order 7G, #3 Exhibit C: Executive Order 7X, #4 Affidavit Declaration of David Haberfeld Re: Auracle Homes, LLC, #5 Affidavit Declaration of David Haberfeld Re: Buckley Farms, LLC, #6 Affidavit Declaration of Jay Sheth Re: Orange Capitol, LLC, #7 Affidavit Declaration of Jay Sheth Re: 216 East Main Street Meriden, LLC, #8 Affidavit Declaration of David Candelora Re: BD Properties, LLC, #9 Affidavit Declaration of David Haberfeld Re: Haberfeld Enterprises, LLC)(Fishbein, Craig) |
| Filing 2 Emergency MOTION for Temporary Restraining Order or in the alternative issuance of a preliminary injunction by 216 East Main Street Meriden, LLC, Auracle Homes, LLC, BD Property Holdings, LLC, Buckley Farms, LLC, FD Management, LLC, Haberfeld Enterprises, LLC, Orange Capitol, LLC, Prime Management, LLC. (Fishbein, Craig). Added MOTION for Preliminary Injunction on 6/17/2020 (Walker, J.). |
| Filing 1 COMPLAINT against Ned Lamont ( Filing fee $400 receipt number ACTDC-5920265.), filed by Haberfeld Enterprises, LLC, BD Property Holdings, LLC, Orange Capitol, LLC, Auracle Homes, LLC, Buckley Farms, LLC, Prime Management, LLC, FD Management, LLC, 216 East Main Street Meriden, LLC. (Attachments: #1 Exhibit Declaration of Public Health and Civil Preparedness Emergencies, #2 Exhibit Executive Order 7G, #3 Exhibit Executive Order 7X)(Fishbein, Craig) |
| Request for Clerk to issue summons as to Ned Lamont. (Fishbein, Craig) |
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