Kirby v. Cuddle Time Daycare LLC et al
Viviana Kirby |
Cuddle Time Daycare LLC and Maria Anthony |
3:2021cv01105 |
August 16, 2021 |
US District Court for the District of Connecticut |
Victor A Bolden |
Sarah A L Merriam USMJ |
Civil Rights: Americans with Disabilities - Other |
None |
Docket Report
This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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Set Deadlines: Amended Pleadings due by 9/28/2021. (Perez, J.) |
Filing 12 ORDER denying, without prejudice, #3 Motion to Appoint Counsel. The Second Circuit has cautioned the district courts against the routine appointment of counsel and has reiterated the importance of requiring an indigent plaintiff to demonstrate the likely merit of her claims before counsel is appointed. See, e.g., Ferrelli v. River Manor Health Care Ctr., 323 F.3d 196, 203-04 (2d Cir. 2003); Henricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997). For reasons stated in the Courts Recommended Ruling, at this time, the allegations of the Complaint, even construed liberally, fail to make a threshold showing of some likelihood of merit. See generally Doc. #11 . Therefore, the Motion to Counsel (Doc. #3 ) is DENIED, without prejudice.It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/14/2021. (Katz, S.) |
Filing 11 RECOMMENDED RULING. For the reasons set forth in the attached recommended ruling, the Court recommends that the #1 Complaint be DISMISSED, without prejudice to re-filing. If plaintiff wishes to pursue her claims, she must file an amended complaint on or before September 28, 2021.Any objections to this recommended ruling must be filed on or before September 28, 2021. Failure to file an objection by this deadline will preclude appellate review. Signed by Judge Sarah A. L. Merriam on 9/14/2021. (Katz, S.) |
Filing 10 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . Plaintiff has completed the required information. Plaintiff asserts that she is unable to afford to pay fees and costs, having no income, no assets and outstanding debt. See generally id. at 3-5. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/14/2021. (Katz, S.) |
Filing 9 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam including #3 MOTION to Appoint Counsel. Signed by Judge Victor A. Bolden on 9/1/2021. Motions referred to Judge Sarah A. L. Merriam (Perez, J.) |
Filing 8 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam including #2 MOTION for Leave to Proceed in forma pauperis and for initial review of the Complaint #1 pursuant to 28 USC 1915. Signed by Judge Victor A. Bolden on 8/18/2021.Motions referred to Judge Sarah A. L. Merriam(Perez, J.) |
Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 8/16/2021.(Walker, J.) |
Filing 6 STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 8/16/2021.(Walker, J.) |
Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 10/15/2021 Discovery due by 2/15/2022 Dispositive Motions due by 3/22/2022 Signed by Clerk on 8/16/2021.(Walker, J.) |
Filing 4 Consent to Electronic Notice by Viviana Kirby (Walker, J.) |
Filing 3 MOTION to Appoint Counsel by Viviana Kirby. (Walker, J.) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Viviana Kirby. (Walker, J.) |
Filing 1 COMPLAINT against Maria Anthony, Cuddle Time Daycare LLC, filed by Viviana Kirby.(Walker, J.) |
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