El-Hajj-Bey et al v. Windsor Federal Savings and Loan Association et al
| Reliable Mechanical Contractors LLC, Elijah El-Hajj-Bey and RMC Properties LLC |
| Pease & Dorio P.C., Windsor Federal Savings and Loan Association, Deborah L. Dorio and Anthony Roncaioli |
| 3:2020cv00898 |
| June 30, 2020 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 15
ORDER DISMISSING ACTION. On July 7, 2020, the Court entered an order to show cause why this action should not be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B). Doc. #7. As the Court explained in its memorandum accompanying the order, the federal law claims alleged in the complaint appeared deficient on their face. As to the claims under 42 U.S.C. 1983, the complaint failed to allege facts to suggest any governmental action and failed to allege facts within the statute of limitations period. As to the RICO claims, the complaint failed to allege facts to establish RICO elements and failed to allege facts within the statute of limitations period. Plaintiff has now filed a response to the order to show cause that does not meaningfully respond to the Court's concerns. For example, plaintiff alleges that the statute of limitations for his federal law claims has been tolled by the pendency of state court litigation. But a federal statute of limitations is not subject to tolling by the fact of pending state court proceedings. See Webb v. Frayne, 2019 WL 2867018 at *3 (D. Conn. 2019); see also Patterson v. Anna, 2018 WL 340023 at *5 (D. Conn. 2018) (statute of limitations not tolled by pendency of request for approval to sue before the State Claims Commissioner). Notwithstanding plaintif's request for an extension of time to file an amended complaint, plaintiff fails to describe what allegations he might make to overcome the statute of limitations bar, much less to redress the absence of state action as to his 1983 claims and the absence of facts to support the elements of his RICO claim. Given plaintiff's many years of litigation in state court, his failure to proffer such facts is indicative that there are no such facts to allege and that any amendment to the complaint would be futile. Accordingly, the Court DISMISSSES this action with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B). It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/23/2020.(Freberg, B)
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Freberg, B) |
| Filing 14 RESPONSE TO #7 Order to Show Cause filed by Elijah El-Hajj-Bey. (Freberg, B) |
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Filing 13
ORDER granting #12 MOTION for Extension of Time until 30 Days after the Court Rules on the Order to Show Cause to Plead. Signed by Judge Jeffrey A. Meyer on 7/21/2020. (Freberg, B)
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| Filing 12 MOTION for Extension of Time until 30 Days after the Court Rules on the Order to Show Cause to Plead by Anthony Roncaioli, Windsor Federal Savings and Loan Association. (Blatchley, Thomas) |
| Filing 11 NOTICE of Appearance by Thomas C. Blatchley on behalf of Anthony Roncaioli, Windsor Federal Savings and Loan Association (Blatchley, Thomas) |
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Filing 10
ORDER granting #9 MOTION for Extension of Time until 30 Days after the Court Rules on the Order to Show Cause to Plead. Signed by Judge Jeffrey A. Meyer on 7/14/2020. (Freberg, B)
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| Set Deadlines: Rule 26 Meeting Report due by 8/27/2020. (Gutierrez, Y.) |
| Filing 9 MOTION for Extension of Time until 30 Days after the Court Rules on the Order to Show Cause to Plead by Deborah L. Dorio, Pease & Dorio P.C.. (Cassot, Robert) |
| Filing 8 NOTICE of Appearance by Robert W. Cassot on behalf of Deborah L. Dorio, Pease & Dorio P.C. (Cassot, Robert) |
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Filing 7
ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED PURSUANT TO 28 U.S.C. 1915(e)(2)(B). For the reasons stated in the accompanying ruling, it appears that the complaint is subject to dismissal under 28 U.S.C. 1915(e)(2)(B). Moreover, it appears that two of the three defendants in this action may not proceed because they are not represented by counsel. If plaintiffs have grounds to show why the complaint should not be dismissed, they may file a response to this order to show cause by July 21, 2020. It is so ordered. Signed by Judge Jeffrey A. Meyer on 07/07/2020. (Mahler-Haug, A)
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| Set Deadlines: Show Cause Response due by 7/21/2020 (Gutierrez, Y.) |
| 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 #5 Electronic Summons Issued, #1 Complaint, filed by Elijah El-Hajj-Bey, RMC Properties LLC, Reliable Mechanical Contractors LLC, #2 Order on Pretrial Deadlines, #3 Electronic Filing Order, #4 Protective Order Signed by Clerk on 7/3/2020.(Freberg, B) |
| Filing 5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Deborah L. Dorio, Pease & Dorio P.C., Anthony Roncaioli, Windsor Federal Savings and Loan Association* with answer to complaint due within *21* days. *Elijah El-Hajj-Bey* *20 Kenneth Circle* *Windsor, CT 06905*. (Freberg, B) |
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Jeffrey A. Meyer on 6/30/2020.(Freberg, B)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Jeffrey A. Meyer on 6/30/2020.(Freberg, B)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 8/29/2020; Discovery due by 12/30/2020; Dispositive Motions due by 2/3/2021. Signed by Clerk on 6/30/2020.(Freberg, B)
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| Filing 1 COMPLAINT against Deborah L. Dorio, Pease & Dorio P.C., Anthony Roncaioli, Windsor Federal Savings and Loan Association, filed by Elijah El-Hajj-Bey, RMC Properties LLC, Reliable Mechanical Contractors LLC. (Attachments: #1 Civil Cover Sheet)(Freberg, B) |
| Filing fee received from Elijah El-Hajj-Bey: $ 400, receipt number CTXN00017843 (Freberg, B) |
| Request for Clerk to issue summons as to Deborah L. Dorio, Pease & Dorio P.C., Anthony Roncaioli, Windsor Federal Savings and Loan Association. (Freberg, B) |
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