Washington v. Eaton et al
| Stephanie Washington |
| Devin Eaton, John Sullivan, Curt B. Leng, Town of Hamden Police Department, T&S United, LLC, Aziz Abdullattf, Ronnell Higgins, Yale University Police Dept., Justin Elicker, City of New Haven, Town of Hamden, Otoniel Reyes, Terrance Pollock, Yale University and New Haven Police Department |
| 3:2020cv01111 |
| August 5, 2020 |
| U.S. District Court for the District of Connecticut |
| Vanessa L Bryant |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 44 Memorandum in Opposition re #38 MOTION to Dismiss Plaintiff's Amended Complaint [Doc. 15] filed by Stephanie Washington. (Steele, John-Henry) |
Filing 43
ORDER granting #41 Plaintiff's Motion for Extension of Time to File Response to the Motion to Dismiss on behalf of Aziz Abdullattf and T&S United LLC #37 . Plaintiff's response shall be filed on or before 10/28/2020. Signed by Judge Vanessa L. Bryant on 09/22/2020. (Diamond, Matthew)
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| Filing 42 Memorandum in Opposition re #34 MOTION to Dismiss Plaintiff's Amended Complaint [Doc. 15] filed by Stephanie Washington. (Steele, John-Henry) |
| Filing 41 MOTION for Extension of Time to File Response/Reply as to #37 MOTION to Dismiss on behalf of Aziz Abdullattf and T&S United LLC until up to and including October 28, 2020 by Stephanie Washington. (Smith, Winthrop) |
| Reset deadline as to #37 MOTION to Dismiss: Response is now due by 10/28/2020 per Dkt. 43 Order. (Shafer, J.) |
| Filing 40 Memorandum in Support re #39 MOTION to Dismiss filed by Justin Elicker, City of New Haven, New Haven Police Department, Otoniel Reyes. (Wolak, Michael) |
| Filing 39 MOTION to Dismiss by Justin Elicker, City of New Haven, New Haven Police Department, Otoniel Reyes.Responses due by 10/8/2020 (Wolak, Michael) |
| Filing 38 MOTION to Dismiss Plaintiff's Amended Complaint [Doc. 15] by Ronnell Higgins, Terrance Pollock, Yale University.Responses due by 9/30/2020 (Attachments: #1 Memorandum in Support)(Geelan, Matthew) |
| Filing 37 MOTION to Dismiss on behalf of Aziz Abdullattf and T&S United LLC by Aziz Abdullattf.Responses due by 9/28/2020 (Attachments: #1 Memorandum in Support)(Morgan, John) |
| Filing 36 REPORT of Rule 26(f) Planning Meeting. (Steele, John-Henry) |
| Filing 35 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 9/4/2020. (Shafer, J.) |
| Filing 34 MOTION to Dismiss Plaintiff's Amended Complaint [Doc. 15] by Town of Hamden, Curt B. Leng, John Sullivan, Town of Hamden Police Department.Responses due by 9/25/2020 (Attachments: #1 Memorandum in Support)(Tallberg, James) |
| Filing 33 NOTICE of Appearance by Winthrop Sexton Smith, III on behalf of Stephanie Washington (Smith, Winthrop) |
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Filing 32
ORDER granting #31 Defendants' Motion for Extension of Time to File Rule 26(f) report for good cause. The parties shall file their Rule 26(f) report by 09/04/2020. Signed by Judge Vanessa L. Bryant on 08/31/2020. (Diamond, Matthew)
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| Set deadline: Rule 26 Meeting Report due by 9/4/2020 per Dkt. 32 Order. (Shafer, J.) |
| Filing 31 MOTION for Extension of Time until 9/04/2020 file Joint Rule 26f Report by Town of Hamden, Curt B. Leng, John Sullivan, Town of Hamden Police Department. (Tallberg, James) |
| Filing 30 NOTICE of Appearance by John J. Morgan on behalf of Aziz Abdullattf, T&S United, LLC (Morgan, John) |
| Filing 29 NOTICE of Appearance by Elliot B. Spector on behalf of Devin Eaton (Spector, Elliot) |
| Answer deadline updated for Town of Hamden, Curt B. Leng, John Sullivan, Town of Hamden Police Department, Ronnell Higgins, Terrance Pollock, and Yale University to 9/10/2020 per Dkts. 26 and 27; Justin Elicker, Otoniel Reyes, the City of New Haven, and the New Haven Police Department to 9/17/2020 per Dkt. 28. (Shafer, J.) |
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Filing 28
ORDER granting #25 Defendants Justin Elicker, Otoniel Reyes, the City of New Haven, and the New Haven Police Department's Motion for Extension of Time to file their responsive pleading(s) for good cause. Their responsive pleading(s) shall be due by 09/17/2020. Signed by Judge Vanessa L. Bryant on 08/18/2020. (Diamond, Matthew)
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Filing 27
ORDER granting #24 Defendants Ronnell Higgins, Terrance Pollock, and Yale University's Motion for Extension of Time to file their responsive pleading(s) for good cause. Their responsive pleading(s) shall be filed by 09/10/2020. Signed by Judge Vanessa L. Bryant on 08/18/2020. (Diamond, Matthew)
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Filing 26
ORDER granting Defendants the Town of Hamden, Curt B. Leng, John Sullivan, and the Town of Hamden Police Department's #22 Motion for Extension of Time to file their responsive pleading(s) for good cause. Their responsive pleading(s) shall be due by 09/10/2020. Signed by Judge Vanessa L. Bryant on 08/18/2020. (Diamond, Matthew)
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| Filing 25 MOTION for Extension of Time until September 17, 2020 to File Responsive Pleading #15 Amended Complaint, by Justin Elicker, City of New Haven, New Haven Police Department, Otoniel Reyes. (Wolak, Michael) |
| Filing 24 First MOTION for Extension of Time until 09/10/20 Answer or Otherwise Respond #15 Amended Complaint, by Ronnell Higgins, Terrance Pollock, Yale University. (Geelan, Matthew) |
| Filing 23 NOTICE of Appearance by Matthew H. Geelan on behalf of Ronnell Higgins, Terrance Pollock, Yale University (Geelan, Matthew) |
| Filing 22 First MOTION for Extension of Time until 9/10/2020 Answer #15 Amended Complaint, by Town of Hamden, Curt B. Leng, John Sullivan, Town of Hamden Police Department. (Tallberg, James) |
| Filing 21 NOTICE by Aziz Abdullattf, T&S United, LLC re #1 Notice of Removal, (Tallberg, James) |
| Filing 20 NOTICE by Devin Eaton re #1 Notice of Removal, Consent to Removal (Yale, David) |
| Filing 19 NOTICE of Appearance by David C. Yale on behalf of Devin Eaton (Yale, David) |
| Filing 18 NOTICE by Justin Elicker, City of New Haven, New Haven Police Department, Otoniel Reyes for Consent to Removal (Wolak, Michael) |
| Filing 17 NOTICE of Appearance by Michael A. Wolak, III on behalf of Justin Elicker, City of New Haven, New Haven Police Department, Otoniel Reyes (Wolak, Michael) |
| Filing 16 DEMAND for Trial by Jury by Stephanie Washington. (Steele, John-Henry) |
| Filing 15 AMENDED COMPLAINT As A Matter Of Course against Aziz Abdullattf, Devin Eaton, Justin Elicker, Town of Hamden, Ronnell Higgins, Curt B. Leng, City of New Haven, New Haven Police Department, Terrance Pollock, Otoniel Reyes, John Sullivan, T&S United, LLC, Town of Hamden Police Department, Yale University, filed by Stephanie Washington.(Steele, John-Henry) |
| Filing 14 NOTICE by Ronnell Higgins, Terrance Pollock, Yale University re #6 Notice (Other), #1 Notice of Removal, Consent to Removal (Noonan, Patrick) |
| Filing 13 Corporate Disclosure Statement by Yale University. (Noonan, Patrick) |
| Filing 12 NOTICE of Appearance by Patrick M. Noonan on behalf of Ronnell Higgins, Terrance Pollock, Yale University (Noonan, Patrick) |
| Filing 11 NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of #5 Notice, #3 Notice of Appearance, #6 Notice, #2 Exhibit, #10 Order Re: Chambers Practices, #9 Standing Protective Order, #4 Notice, #8 Electronic Filing Order, #7 Order on Pretrial Deadlines, and #1 Notice of Removal. Signed by Clerk on 8/6/2020. (Attachments: #1 STANDING ORDER ON REMOVED CASES) (Shafer, J.) |
| Filing 6 NOTICE by Town of Hamden, Curt B. Leng, John Sullivan, Town of Hamden Police Department re #1 Notice of Removal, Amended Notice of Removal (Tallberg, James) |
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Filing 10
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 8/5/2020. (Shafer, J.)
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Filing 9
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 8/05/2020. (Shafer, J.)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 8/05/2020. (Shafer, J.)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 10/4/2020; Discovery due by 2/4/2021; Dispositive Motions due by 3/11/2021. Signed by Clerk on 8/05/2020. (Shafer, J.)
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| Filing 5 NOTICE by Town of Hamden, Hamden Police Department, Curt B. Leng, John Sullivan Pending Motions (Tallberg, James) |
| Filing 4 NOTICE by Town of Hamden, Hamden Police Department, Curt B. Leng, John Sullivan Statement of James Tallberg (Tallberg, James) |
| Filing 3 NOTICE of Appearance by James Newhall Tallberg on behalf of Hamden Police Department, Curt B. Leng, John Sullivan, Town of Hamden (Tallberg, James) |
| Filing 2 EXHIBIT as to Doc. 1 State Complaint and Summons by Hamden Police Department, Curt B. Leng, John Sullivan, Town of Hamden re #1 Notice of Removal,. (Tallberg, James) |
| Filing 1 NOTICE OF REMOVAL by John Sullivan, Town of Hamden, Hamden Police Department, Curt B. Leng from New Haven Superior Court, case number NNH-CV20-6106530-S. Filing fee $ 400 receipt number ACTDC-6015174, filed by John Sullivan, Town of Hamden, Hamden Police Department, Curt B. Leng. (Attachments: #1 Civil Cover Sheet)(Tallberg, James) |
| Judge Vanessa L. Bryant added. (Nuzzi, Tiffany) |
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