Blinkoff v. Torrington et al
| Holly Blinkoff |
| City of Torrington, Planning And Zoning Commission, Greg Mele, Gregory Perosino, Jim Bobinski, Nicole Dorman and Dave Frascarelli |
| 3:2021cv01516 |
| November 12, 2021 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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Filing 28
OBJECTION re #12 MOTION for Hearing on Order to Show Cause filed by Jim Bobinski, Dave Frascarelli, Greg Mele, Gregory Perosino, Planning And Zoning Commission, City of Torrington. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Durao, Dennis)
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Filing 27
ORDER OF TRANSFER. In the interest of justice, this case is hereby transferred to the Honorable Stefan R. Underhill. All further pleadings or documents in this matter should be filed with the clerks office in Bridgeport, Connecticut, and bear the docket number 3:21CV01516(SRU). Case reassigned to Judge Stefan R. Underhill for all further proceedings. Signed by Judge Sarah A. L. Merriam on 1/6/2022.(Caffrey, A.)
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Filing 26
MOTION to Transfer/Disqualify/Recuse Judge by Holly Blinkoff. (Oliver, T.)
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Filing 25
SEALED MOTION by Holly Blinkoff. (Oliver, T.)
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Filing 24
MOTION to Seal Motion for Reconsideration by Holly Blinkoff. (Oliver, T.)
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Filing 23
ORDER granting #22 Motion for Security for Costs. The defendant(s) having made application to the Clerk of Court for an order requiring the plaintiff(s) to deposit or file a bond with sufficient surety in the sum of $500.00 pursuant to Local Rule 83.3(a) of the Rules of Civil Procedure for the United States District of Connecticut, it is ORDERED that the plaintiff(s) herein file a bond as security for costs in this action within thirty (30) days from this date. Signed by Judge Sarah A. L. Merriam on 1/4/2022. (Caffrey, A.)
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Answer deadline updated for Jim Bobinski to 2/7/2022; Nicole Dorman to 2/7/2022; Dave Frascarelli to 2/7/2022; Greg Mele to 2/7/2022; Gregory Perosino to 2/7/2022; Planning And Zoning Commission to 2/7/2022; City of Torrington to 2/7/2022. (Caffrey, A.)
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Filing 22
MOTION for Security for Costs by Jim Bobinski, Dave Frascarelli, Greg Mele, Gregory Perosino, Planning And Zoning Commission, City of Torrington. (Durao, Dennis)
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Filing 21
ORDER. The Court sua sponte extends the deadline for all defendants currently appearing to respond to the Complaint through and including February 7, 2022. The Court is reviewing the Complaint to determine how and whether this matter should proceed. If any defendant seeks an Order requiring plaintiff to post security for costs, pursuant to Local Rule 83.3(a), such motion shall be filed at the earliest opportunity.It is so ordered. Signed by Judge Sarah A. L. Merriam on 01/03/22. (Teague, J.)
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Filing 20
NOTICE of Appearance by Dennis M Durao on behalf of Jim Bobinski, Dave Frascarelli, Greg Mele, Gregory Perosino, Planning And Zoning Commission, City of Torrington (Durao, Dennis)
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Filing 19
SUMMONS Returned Executed by Holly Blinkoff. Jim Bobinski served on 12/17/2021, answer due 1/7/2022; Nicole Dorman served on 12/20/2021, answer due 1/10/2022; Dave Frascarelli served on 12/20/2021, answer due 1/10/2022; Greg Mele served on 12/17/2021, answer due 1/7/2022; Gregory Perosino served on 12/17/2021, answer due 1/7/2022; Planning And Zoning Commission served on 12/17/2021, answer due 1/7/2022; City of Torrington served on 12/17/2021, answer due 1/7/2022. (Payton, R.)
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Filing 18
ORDER granting #17 Motion for Security for Costs. The defendant(s) having made application to the Clerk of Court for an order requiring the plaintiff(s) to deposit or file a bond with sufficient surety in the sum of $500.00 pursuant to Local Rule 83.3(a) of the Rules of Civil Procedure for the United States District of Connecticut, it is ORDERED that the plaintiff(s) herein file a bond as security for costs in this action within thirty (30) days from this date. Signed by Clerk on 12/28/2021. (Caffrey, A.)
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ENTERED IN ERROR - Set Deadlines: Dispositive Motions due by 3/4/2022 (Caffrey, A.) Modified text to reflect entered in error, deadline set on wrong case number on 12/28/2021 (Caffrey, A.).
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Docket Entry Correction re Deadline - corrected to reflect dispositive motions deadline was set in error. (Caffrey, A.)
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Answer deadline updated for Nicole Dorman to 2/10/2022. (Caffrey, A.)
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Filing 17
MOTION for Security for Costs by Nicole Dorman. (Dorman, Nicole)
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Filing 16
ORDER granting #15 Nicole Dorman's Motion for Extension of Time until February 10, 2022, to respond to plaintiff's complaint. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/22/2021. (Teague, J.)
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Filing 15
MOTION for Extension of Time until February 10, 2022 to Respond to Plaintiff's #1 Complaint by Nicole Dorman. (Dorman, Nicole)
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Filing 14
NOTICE of Appearance by Nicole D. Dorman on behalf of Nicole Dorman (Dorman, Nicole)
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Filing 13
Resjudicata Does Not Apply to the 97cv1345(SRU) Judgment by Holly Blinkoff (Oliver, T.)
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Filing 12
MOTION for Oral Argument on Order to Show Cause by Holly Blinkoff. (Oliver, T.)
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Filing 11
ORDER TO SHOW CAUSE: Plaintiff has filed a civil action that purports to assert a new civil claim. In reality, the Complaint seeks to reopen or relitigate the long-closed matter of Blinkoff v. Torrington Planning & Zoning Commission, et al., 3:97CV01345(SRU). While the new Complaint contains some factual allegations regarding events that occurred in recent years, see, e.g., Doc. #1 at 13-15, there are no recent allegations of conduct directed at this plaintiff by these defendants. Rather, the allegations appear to relate to the current disposition of the property that was at issue in the 1997 case. No allegations are made of new violations of plaintiff's rights. Indeed, attached to the Complaint are numerous documents from 1997, and a variety of transcripts and materials from the 1997 case. The doctrine of res judicata "holds that a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Brown Media Corp. v. K&L Gates, LLP, 854 F.3d 150, 157 (2d Cir. 2017) (citation and quotation marks omitted). A District Court "is free to raise" the issue of res judicata on its own initiative, which the Court finds appropriate here. Scherer v. Equitable Life Assurance Soc'y of U.S., 347 F.3d 394, 398 (2d Cir. 2003). "It is well settled under Connecticut law that, insofar as a claim constitutes reassertion of a prior claim, the subsequent action will be barred in its entirety, regardless of what additional or different evidence or legal theories might be advanced in support of it." Barnett v. Connecticut Light & Power Co., 900 F. Supp. 2d 224, 240 (D. Conn. 2012), on reconsideration in part, 967 F. Supp. 2d 593 (D. Conn. 2013), aff'd, 580 F. App'x 30 (2d Cir. 2014), and aff'd in part, 580 F. App'x 30 (2d Cir. 2014). It appears that plaintiff may be attempting, by bringing this action, to relitigate matters that have already been adjudicated, and simply providing what she believes is "additional or different evidence" relating to those matters. Id. Plaintiff is therefore ORDERED to show cause why this matter should not be dismissed under the doctrine of res judicata. Plaintiff shall file a response to this Order to Show Cause on or before December 17, 2021. Failure to file a timely response may result in dismissal of this case. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/18/2021.(Caffrey, A.)
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Filing 10
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Sarah A. L. Merriam on 11/18/2021.(Caffrey, A.)
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Filing 9
ORDER granting #3 Motion to Participate in Electronic Filing. Signed by Judge Sarah A. L. Merriam on 11/18/2021. (Caffrey, A.)
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Filing 8
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jim Bobinski, Nicole Dorman, Dave Frascarelli, Greg Mele, Gregory Perosino, Planning And Zoning Commission, City of Torrington* with answer to complaint due within *21* days. *Holly Blinkoff* *43 Prescott St. Unit D* *Torrington, CT 06790* (Fazekas, J.)
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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 Complaint filed by Holly Blinkoff, #4 Order on Pretrial Deadlines, #2 Consent to Electronic Notice filed by Holly Blinkoff, #5 Electronic Filing Order, #6 Standing Protective Order, #3 MOTION By Self-Represented Litigant to Participate in Electronic Filing filed by Holly Blinkoff. Signed by Clerk on 11/15/2021.(Fazekas, J.)
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Request for Clerk to issue summons as to Jim Bobinski, Nicole Dorman, Dave Frascarelli, Greg Mele, Gregory Perosino, Planning And Zoning Commission, City of Torrington. (Fazekas, J.)
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 11/12/2021.(Fazekas, J.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 11/12/2021.(Fazekas, J.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 1/11/2022. Discovery due by 5/14/2022. Dispositive Motions due by 6/18/2022. Signed by Clerk on 11/12/2021.(Fazekas, J.)
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Filing 3
MOTION BY SELF-REPRESENTED LITIGANT TO PARTICIPATE IN ELECTRONIC FILING by Holly Blinkoff. (Fazekas, J.)
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Filing 2
Consent to Electronic Notice by Holly Blinkoff. (Fazekas, J.)
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Filing 1
COMPLAINT against Jim Bobinski, Nicole Dorman, Dave Frascarelli, Greg Mele, Gregory Perosino, Planning And Zoning Commission, City of Torrington, filed by Holly Blinkoff.(Fazekas, J.)
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Filing fee received from Holly Blinkoff: $402.00, receipt number 467982. (Fazekas, J.)
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