Lipscomb v. Leak

Plaintiff:	Sye Lipscomb
Defendant:	Sean Leak and USA
Case Number:	3:2021cv00900
Filed:	June 30, 2021
Court:	US District Court for the District of Connecticut
Presiding Judge:	Alfred V Covello
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1442
Jury Demanded By:	None

Docket Report

This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 4, 2021	Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Sean Leak.Responses due by 8/25/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit A)(McConaghy, Michelle)
August 2, 2021	Filing 8 ORDER granting #4 motion to substitute party. The clerk is directed to terminate the defendant, Sean Leak, and substitute as a party defendant, the United States of America. The complaint alleges that "the defendant, Sean Leak, with his hand, struck the plaintiff in and across the back, causing the plaintiff to fall down on the ground." On June 30, 2021, the Assistant United States Attorney and the Civil Chief for United States Attorney's Office, District of Connecticut, certified that "to the extent that the complaint alleges wrongdoing on the part of the Defendant, Sean Leak, in his capacity as an employee of the United States Postal Service, ("Postal Service"), this individual was acting within the scope of his employment as an employee of the Postal Service at the time of the incident out of which these claims arise." 28 U.S.C. 2679(d)(2) provides that "[u]pon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place in which the action or proceeding is pending. Such action or proceeding shall be deemed to be an action or proceeding brought against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant...." 28 U.S.C. 2679(d)(2). Signed by Judge Alfred V. Covello on 08/02/21. (Covello, Alfred)
July 1, 2021	Filing 7 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 Notice of Removal, filed by Sean Leak, #5 Order on Pretrial Deadlines, #2 Notice (Other) filed by Sean Leak, and #6 Electronic Filing Order. Signed by Clerk on 7/1/2021. (Attachments: #1 Standing Order on Removed Cases)(Bozek, M.)
July 1, 2021	Filing 4 MOTION to Substitute Party by Sean Leak. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Scope of Employment)(McConaghy, Michelle)
July 1, 2021	Filing 3 NOTICE by Sean Leak Statement Concerning Removal (McConaghy, Michelle)
June 30, 2021	Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alfred V. Covello on 6/30/2021.(Bozek, M.)
June 30, 2021	Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 8/29/2021. Discovery due by 12/30/2021. Dispositive Motions due by 2/3/2022. Signed by Clerk on 6/30/2021.(Bozek, M.)
June 30, 2021	Filing 2 NOTICE by Sean Leak of No Pending State Court Motions (Attachments: #1 Superior Court Docket)(McConaghy, Michelle)
June 30, 2021	Filing 1 NOTICE OF REMOVAL by Sean Leak from Superior Court Judicial District of New Haven, case number NNH-CV21-6114781-S., filed by Sean Leak. (Attachments: #1 State Court Summons, #2 State Court Complaint, #3 Scope of Employment)(McConaghy, Michelle)
June 30, 2021	Judge Alfred V. Covello added. (Oliver, T.)

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Defendant: Sean Leak
Represented By:	Michelle Lynn McConaghy
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Defendant: USA
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Plaintiff: Sye Lipscomb
Represented By:	Irving J. Pinsky
Represented By:	Irving Jay Pinsky
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