Speer v. New London
| Sheri Speer |
| City of New London |
| 3:2020cv01928 |
| December 29, 2020 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 22
ELECTRONIC ORDER. The Court continues to consider Plaintiff's #9 Motion for Temporary Injunction, Defendant's response, and the points raised by the Parties at the hearing held of February 2, 2021. As expressed at the hearing, the Court has had concerns as to whether it has subject matter jurisdiction over this matter. E.g., Doc. #21 at 17:16-19:5. Defendant removed this action from Connecticut Superior Court on the basis that it presents a federal question, since Plaintiff's claim is brought under 42 U.S.C. 1983. See Doc. #1 at 1-2. However, the Court is presently concerned that subject matter jurisdiction over Plaintiff's claim for injunctive relief is precluded by the Tax Injunction Act, 28 U.S.C. 1341, and that it furthermore may not hear her claim for damages due to the related principle of comity, see Fair Assessment in Real Estate Ass'n, Inc. v. McNary, 454 U.S. 100 (1981). These issues have not previously been addressed by the Parties in their briefing or at the hearing. Accordingly, the Parties are ORDERED to submit simultaneous supplemental briefs to the court on or before March 3, 2021, addressing whether the Tax Injunction Act and/or comity prohibit the Court from hearing this case. In particular, the Parties must address whether Plaintiff possesses "a plain, speedy and efficient remedy" in Connecticut's courts for her claims. Furthermore, the Parties are directed to address whether Plaintiff's request for an award of damages - see Compl. [Doc. 1-1] at 8 - is ripe. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on February 17, 2021. (Mattison, N.)
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| Filing 21 TRANSCRIPT of Proceedings: Type of Hearing: Motion for Preliminary Injunction. Held on 2/2/21 before Judge CSH. Court Reporter: Kirsten Telhiard. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 3/6/2021. Redacted Transcript Deadline set for 3/16/2021. Release of Transcript Restriction set for 5/14/2021. (Telhiard, K) |
| Filing 20 Minute Entry Proceedings held before Judge Charles S. Haight, Jr: Motion Hearing held on 2/2/2021 regarding #9 Motion for Preliminary Injunction filed by Sheri Speer. The motion was taken under advisement. Total Time: 1 hour and 17 minutes(Court Reporter K. Telhiard, Falzarano Court Reporters, LLC.) (Barry, Donna) (Additional attachment(s) added on 2/19/2021: #1 REPLACEMENT PDF) (Barry, Donna). |
| Filing 19 NOTICE by Sheri Speer (Barry, Donna) |
| Filing 18 OBJECTION re #9 MOTION for Preliminary Injunction filed by City of New London. (Attachments: #1 Exhibit A - Affidavit in Support of Objection)(Dembiczak, Alan) |
| NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.A hearing on Plaintiff's Motion for Temporary Injunction #9 was set for 2/2/2021 at 2:00 PM before Judge Charles S. Haight Jr. and will be conducted via Zoom. A Notice containing the Zoom information was docketed on 1/19/21. (Barry, Donna) |
| Reset Deadlines as to #9 Motion for Preliminary Injunction - Responses due by 1/26/2021 (Barry, Donna) |
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Filing 16
ELECTRONIC ORDER. The Court has received and reviewed the Parties' #15 Report of Parties' Planning Meeting. In light of the hearing concerning Plaintiff's #9 Motion that this Court has set for February 2, 2021, all deadlines and discovery in this case are STAYED except as provided herein. Defendant shall file a response to Plaintiff's #9 Motion not later than January 26, 2021 at 5:00 PM. Plaintiff shall reply to Defendant's response not later than January 29, 2021 at 5:00 PM. The Court observes that the Parties' Report states that "The Plaintiff alleges that the Defendant restrained her from conducting her business... in violation of the Sherman Act. As to the Government Actor Defendants, she asserts that they treated her differently under the law in violation of 42 U.S.C. 1983 and the Fourteenth Amendment." Doc. #15 at 1-2. The claims said to be in issue in the Report appear to be different from those stated in the copy of Plaintiff's complaint received by this Court pursuant to Defendant's #1 Notice of Removal. At the hearing on February 2, 2021, the Parties shall be prepared to address, at a minimum, the factual bases for Plaintiff's #9 Motion, as well as the exact nature of the claims at issue in the Parties' dispute. It is SO ORDERED. Signed by Judge Charles S. Haight, Jr. on January 21, 2021. (Mattison, N.)
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| Filing 15 Joint REPORT of Rule 26(f) Planning Meeting. (Dembiczak, Alan) |
| Filing 17 Declaration re. Service filed by Sheri Speer. (Barry, Donna) |
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Filing 14
ELECTRONIC ORDER. Plaintiff has failed to respond to this Court's 13 Order directing Plaintiff "to file an affidavit reciting the date and the manner by which plaintiff first gave defendant a copy of the complaint... no later than January 8, 2021." In view of the Court's continuing questions whether it has jurisdiction to hear the instant matter, and regarding the basis for Plaintiff's #9 Motion to temporarily restrain Defendant, the Court ORDERS the Parties to appear on February 2, 2021 at 2:00 P.M. for a hearing that the Court shall conduct by Zoom; details regarding access to this hearing shall be provided by a subsequent docket entry. The Clerk is directed to ensure that Plaintiff, proceeding pro se, receives this information by mail to her address of record. Signed by Judge Charles S. Haight, Jr. on January 19, 2021. (Mattison, N.)
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| NOTICE regarding hearing via Zoom: The hearing on Plaintiff's #9 Motion for Temporary Injunction scheduled for February 2, 2021, at 2:00 p.m. will be conducted via Zoom. The video link: https://www.zoomgov.com/j/1619958420?pwd=ejFnZXdKTWFVcHdha0NRcG9XT1dKdz09 Call-in number: 1-(646) 828-7666Meeting ID: 161 995 8420Meeting Password: 537339Please 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. (Dorais, L.) |
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Filing 13
ELECTRONIC ORDER. By #1 Notice of Removal, filed on December 29, 2020, the defendant City of New London removed this case from the Connecticut State Superior Court in New London. The pro se plaintiff, Sheri Speer, filed a summons and complaint asserting a constitutional claim in that state court. The summons and complaint were dated November 11, 2020. They were filed in the state court on November 13, 2020. The question that arises is whether defendant's #1 Notice of Removal on December 29 is timely under 28 U.S.C. 1446(b). Defendant says in its #1 Notice that "the plaintiff served a copy of the summons and complaint upon the defendant on December 7, 2020," and if that was the first receipt by the defendant, "by service or otherwise," of the complaint, the removal on December 29 was timely; but the time intervals are puzzling, since plaintiff has since the inception of the case been seeking a temporary restraining order. In these circumstances, plaintiff is directed to file an affidavit reciting the date and the manner by which plaintiff first gave defendant a copy of the complaint. That affidavit must be filed no later than January 8, 2021. It is SO ORDERED. Signed by Judge Charles S. Haight, Jr. on December 30, 2020. (Dorais, L.)
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| Filing 12 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 #10 Order on Pretrial Deadlines, #7 Notice filed by City of New London, #11 Electronic Filing Order, #3 Notice filed by City of New London, #5 Notice filed by City of New London, #9 MOTION for Preliminary Injunction filed by Sheri Speer, #8 MOTION for Waive Bond Order filed by Sheri Speer, #4 Jury Demand filed by City of New London, #2 Notice of Appearance filed by City of New London, #1 Notice of Removal filed by City of New London, #6 Notice filed by City of New London Signed by Clerk on 12/30/20. (Attachments: #1 Standing Order on Removed Cases) (Barry, Donna) |
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Filing 11
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 12/29/2020. (Barry, Donna)
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Filing 10
Order on Pretrial Deadlines: Amended Pleadings due by 2/27/2021, Discovery due by 6/30/2021 and Dispositive Motions due by 8/4/2021 Signed by Clerk on 12/29/20. (Barry, Donna)
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| Filing 9 MOTION for Temporary Injunction by Sheri Speer.Responses due by 1/19/2021 (Hushin, Z.) |
| Filing 8 MOTION to Waive Bond by Sheri Speer. (Hushin, Z.) |
| Filing 7 NOTICE by City of New London re #1 Notice of Removal, (Certificate of Filing and Service of Notice of Removal) (Dembiczak, Alan) |
| Filing 6 NOTICE by City of New London re #1 Notice of Removal, (Compliance with Standing Order in Removed Cases in accordance with Local Rule 5(b)) (Dembiczak, Alan) |
| Filing 5 NOTICE by City of New London re #1 Notice of Removal, (Compliance with Standing Order in Removed Cases) (Dembiczak, Alan) |
| Filing 4 DEMAND for Trial by Jury by City of New London. (Dembiczak, Alan) |
| Filing 3 NOTICE by City of New London re #1 Notice of Removal, (Notice of Pending Motions) (Attachments: #1 Exhibit A - Motion to Waive Bond, #2 Exhibit B - Application for Temporary Injunction)(Dembiczak, Alan) |
| Filing 2 NOTICE of Appearance by Alan Raymond Dembiczak on behalf of City of New London (Dembiczak, Alan) |
| Filing 1 NOTICE OF REMOVAL by City of New London from New London Superior Court, case number KNL-CV-20-5021906-S. Filing fee $ 402 receipt number ACTDC-6299849, filed by City of New London. (Attachments: #1 Exhibit A - Summons and Complaint)(Dembiczak, Alan) |
| Judge Charles S. Haight, Jr added. (Hushin, Z.) |
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| Plaintiff: Sheri Speer | |
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| Defendant: City of New London | |
| Represented By: | Alan Raymond Dembiczak |
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