WTBR Associates, LLC v. United States Department of Housing and Urban Development
| WTBR Associates, LLC |
| United States Department of Housing and Urban Development |
| 3:2022cv00028 |
| January 7, 2022 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| Contract: Other |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
Docket Report
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| Answer deadline updated for United States Department of Housing and Urban Development to 3/14/2022. (Reis, Julia) |
Filing 14
ELECTRONIC ORDER. Defendant's #13 Motion for Extension of Time is GRANTED, absent objection and for good cause shown. Defendant's response to Plaintiff's Complaint shall be due not later than March 14, 2022. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on January 28, 2022. (Mattison, N.)
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| Filing 13 Consent MOTION for Extension of Time until March 14, 2022 to file responsive pleading to complaint #1 Notice of Removal, by United States Department of Housing and Urban Development. (Miller, Eric) |
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Filing 12
ELECTRONIC ORDER. Plaintiff's #4 Motion for Ex Parte Temporary Injunction is DENIED. Defendant has submitted an affidavit by Joseph Crisafulli, Asset Management Division Director for the Office of Multifamily Housing in Defendant's Boston office, that sets forth all essential facts regarding the parties' present situation. See generally Doc. [10-1]; see also Doc. #11 at 1 ("Plaintiff... hereby relies on the Affidavit of Joseph Crisafulli, submitted as an attachment to Defendant's Case Status Report filed on January 14, 2022, to update the Court regarding the status of the underlying HAP Contract."). Based on this submission, it is clear that that portion of Plaintiff's motion that seeks to prevent the termination of the parties' contractual relationship is MOOT: the contract was terminated effective December 31, 2021, and no payments have been made to Plaintiff by Defendant for the month of January 2022. Doc. [10-1] at para. 49. To the extent that Plaintiff alternatively seeks reinstatement of the contract and continued performance thereunder, see Doc. #11 at 1, Plaintiff's motion must be DENIED. "Issuance of preliminary injunctive relief, such as a TRO or preliminary injunction, is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Reidy, 477 F. Supp. 2d 472, 474 (D. Conn. 2007) (quotation marks and citation omitted). In cases like the present one, applicants are required "to show that they have suffered irreparable harm, that they have a clear or substantial likelihood of success on the merits, that the balance of equities tips in their favor, and that an injunction is in the public interest." Amato v. Elicker, 460 F. Supp. 3d 202, 211 (D. Conn. 2020). "Where a movant seeks a mandatory preliminary injunction that alters the status quo, rather than a prohibitory injunction seeking only to maintain the status quo,... a movant must demonstrate a 'clear' or 'substantial' likelihood of success on the merits." Lazor v. Univ. of Conn., No. 3:21-CV-583 (SRU), 2021 WL 2138832, at *1 (D. Conn. May 26, 2021) (quotation marks and citations omitted). Plaintiff's de minimis filing bringing the present motion offers no legal arguments why damages are an inadequate remedy in the present circumstances, why Plaintiff is likely to prevail on the merits, or why the balance of equities tips in Plaintiff's favor. Furthermore, while Plaintiff's filings suggest an argument that reinstatement of the contract is needed to protect the interests of Plaintiff's tenants, see Doc. [1-2] at paras. 13-16, which the Court construes as an argument that the public interest favors the issuance of an injunction, Defendant's submission makes clear that Plaintiff's tenants already are receiving assistance in the form of tenant protection vouchers and relocation counseling, which will allow them to seek safe and sanitary housing, see Doc. [10-1] at paras. 50-56. In sum, Plaintiff has not satisfied the heavy burden required to show that a temporary restraining order should issue in this matter, and the Court will not grant the requested relief. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on January 18, 2022. (Mattison, N.)
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| Filing 11 STATUS REPORT by WTBR Associates, LLC. (Connor, Colin) |
| Filing 10 STATUS REPORT by United States Department of Housing and Urban Development. (Attachments: #1 Affidavit Declaration of Joseph Crisafulli, #2 Exhibit 1 (Original HAP Contract), #3 Exhibit 2 (Assignment to WTBR), #4 Exhibit 3 (Renewal HAP Contract), #5 Exhibit 4 (Annual Contributions Contract), #6 Exhibit 5 (REAC Inspection Report), #7 Exhibit 6 (Mold and Peeling Paint Letters), #8 Exhibit 7 (Notice of Default), #9 Exhibit 8 (10/30/20 Submission by WTBR), #10 Exhibit 9 (HUD Communications to WTBR), #11 Exhibit 10 (Demand for Corrective Action), #12 Exhibit 11 (MOR Report), #13 Exhibit 12 (Photographs), #14 Exhibit 13 (Handwritten notes), #15 Exhibit 14 (MOR Form HUD-9834), #16 Exhibit 15 (WTBR Response to MOR Report), #17 Exhibit 16 (Navigate's Response), #18 Exhibit 17 (Letter from Navigate), #19 Exhibit 18 (WTBR 2d Response to MOR Report)), #20 Exhibit 19 (E-mail from Navigate), #21 Exhibit 20 (Notices to Tenants of Proposed Termination), #22 Exhibit 21 (Notice to WTBR), #23 Exhibit 22 (Responses from Tenants and Tenant Petition), #24 Exhibit 23 (WTBR e-mail to HUD), #25 Exhibit 24 (Notice of Termination, 10/15/21), #26 Exhibit 25 (Revised Notice of Termination, 12/7/21), #27 Exhibit 26 (Weekly Relocation Status Report, 1/4/22), #28 Exhibit 27 (Weekly Relocation Status Report, 1/11/22))(Miller, Eric) |
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Filing 9
ELECTRONIC ORDER. Plaintiff filed this action in Connecticut Superior Court on December 23, 2021, see Doc. 1-1, and alleged that Defendant's contract with Plaintiff was set to terminate on December 31, 2021, see Doc. 1-2 at 2. To forestall this event, Plaintiff filed an ex parte application for a temporary restraining order ("TRO"). See Doc. 2-2. However, the Superior Court took no action on Plaintiff's motion, see Doc. 2-1, and December 31, 2021 has now passed. Defendant removed the case to this Court on January 7, 2022. See Doc. 1. Plaintiff's motion for a TRO is probably moot. Before deciding the matter, however, the parties are directed to inform the Court whether they are continuing to observe and abide by the terms of the parties' contract (including payments thereunder). The parties shall submit - either jointly or separately - affidavits concerning the status of their contract and this case to the Court not later than January 14, 2022 at 5:00 PM. SO ORDERED. Signed by Judge Charles S. Haight, Jr. on January 7, 2022. (Mattison, N.)
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| Filing 8 NOTICE of Appearance by Eric Benjamin Miller on behalf of United States Department of Housing and Urban Development (Miller, Eric) |
| 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 #4 MOTION for Preliminary Injunction filed by WTBR Associates, LLC, #6 Electronic Filing Order, #3 Notice (Other) filed by United States Department of Housing and Urban Development, #1 Notice of Removal, filed by United States Department of Housing and Urban Development, #2 Notice (Other) filed by United States Department of Housing and Urban Development, #5 Order on Pretrial Deadlines Signed by Clerk on 1/7/2022. (Attachments: #1 Standing Order On Removed Cases )(Gutierrez, Y.) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 1/7/2022.(Gutierrez, Y.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 3/8/2022; Discovery due by 7/9/2022; Dispositive Motions due by 8/13/2022. Signed by Clerk on 1/7/2022.(Gutierrez, Y.)
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| Filing 4 Motion for Ex Parte Temporary Injunction by WTBR Associates, LLC.Responses due by 1/28/2022 (Hushin, Z.) |
| Filing 3 NOTICE by United States Department of Housing and Urban Development Statement Concerning Removal (McConaghy, Michelle) |
| Filing 2 NOTICE by United States Department of Housing and Urban Development of Pending Motion (Attachments: #1 State Court Docket, #2 Motion for Temporary Injunction)(McConaghy, Michelle) |
| Filing 1 NOTICE OF REMOVAL by United States Department of Housing and Urban Development from State of Connecticut Superior Court Judicial District of Waterbury, case number UWY-CV22-6063656-S., filed by United States Department of Housing and Urban Development. (Attachments: #1 State Court Summons, #2 State Court Complaint)(McConaghy, Michelle) |
| Judge Charles S. Haight, Jr added. (Oliver, T.) |
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