Dalling v. Fairfield et al
| Kerry Dalling |
| Town of Fairfield and Town Of Fairfield Police Dept. |
| 3:2022cv00185 |
| February 1, 2022 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| None |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ORDER GRANTING MOTION TO REMAND. Because the Court lacks federal jurisdiction over this case for the reasons detailed in the attached ruling, the Court GRANTS the motion to remand this action to the Connecticut Superior Court, Judicial District of Fairfield. It is so ordered.Signed by Judge Jeffrey A. Meyer on 03/29/2022. (Gilles, E.)
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Filing 21
Amended REPORT of Rule 26(f) Planning Meeting. (Bochanis, John)
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Filing 20
REPORT of Rule 26(f) Planning Meeting. (Durao, Dennis)
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Filing 19
OBJECTION re #17 MOTION to Remand to State Court filed by Town of Fairfield, Town Of Fairfield Police Dept.. (Durao, Dennis)
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Filing 18
ANSWER to Complaint with Affirmative Defenses by Town of Fairfield, Town Of Fairfield Police Dept..(Durao, Dennis)
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Filing 17
MOTION to Remand to State Court by Kerry Dalling.Responses due by 3/16/2022 (Bochanis, John)
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Filing 16
ORDER. The Court DENIES the motions for extension of time to file a responsive pleading (Docs. #11 , #15 ). The defendants shall file an answer or other response by February 25, 2022. It is so ordered.Signed by Judge Jeffrey A. Meyer on 2/18/22. (Barry, Donna)
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Answer deadline updated for Town of Fairfield and Town Of Fairfield Police Dept. to 2/25/2022. (Barry, Donna)
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Filing 15
MOTION for Extension of Time to File Responsive Pleading by Town of Fairfield, Town Of Fairfield Police Dept.. (Durao, Dennis)
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Filing 14
Initial Discovery Protocols For Employment Cases Alleging Adverse Action Signed by Judge Jeffrey A. Meyer on 2/09/22.(Barry, Donna)
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Filing 13
NOTICE of Appearance by Kimberly A. Bosse on behalf of Town of Fairfield, Town Of Fairfield Police Dept. (Bosse, Kimberly)
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Filing 12
RESPONSE TO 10 Order to Show Cause,,,, by Town of Fairfield, Town Of Fairfield Police Dept. filed by Town of Fairfield, Town Of Fairfield Police Dept.. (Durao, Dennis)
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Filing 11
First MOTION for Extension of Time until 3/10/2022 Answer Complaint by Town of Fairfield, Town Of Fairfield Police Dept.. (Durao, Dennis)
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Filing 10
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED. The defendants have filed a notice of removal on the ground that there is federal question jurisdiction under Conn. Gen. Stat. 31-51q. It appears, however, that the state court complaint relies solely on free speech rights arising under the Connecticut Constitution rather than the U.S. Constitution. Doc. #1-3 at 4 (Paragraph 11). Thus, this case is distinguishable from Bracey v. Board of Education of City of Bridgeport, 368 F.3d 108 (2d Cir. 2004), in which the claim under Conn. Gen. Stat. 31-51q explicitly relied on both the U.S. and Connecticut Constitutions. Id. at 116. It appears that a claim under Conn. Gen. Stat. 31-51q that relies exclusively on the Connecticut Constitution does not give rise to federal question jurisdiction. See Grant v. Norwich Free Academy, 2020 WL 2569801 (D. Conn. 2020). The defendants shall file any response to this order to show cause or a notice consenting to remand by February 5, 2022. It is so ordered. Signed by Judge Jeffrey A. Meyer on 2/2/22.(Barry, Donna)
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Filing 9
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 #5 Order on Pretrial Deadlines, #6 Electronic Filing Order, #7 Protective Order, #3 Notice (Other) filed by Town of Fairfield, Town Of Fairfield Police Dept., #8 Notice, #2 Notice of Appearance filed by Town of Fairfield, Town Of Fairfield Police Dept., #1 Notice of Removal, filed by Town of Fairfield, Town Of Fairfield Police Dept., #4 Notice (Other) filed by Town of Fairfield, Town Of Fairfield Police Dept. Signed by Clerk on 02/2/2022. (Attachments: #1 Standing Order)(Carr, Dave)
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Filing 8
NOTICE: Re Initial Discovery Protocols Signed by Clerk on 2/1/2022. (Attachments: #1 Attachment)(Carr, Dave)
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 2/1/2022.(Carr, Dave)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 2/1/2022.(Carr, Dave)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 4/2/2022 Discovery due by 8/3/2022 Dispositive Motions due by 9/7/2022 Signed by Clerk on 2/1/2022.(Carr, Dave)
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Filing 4
NOTICE by Town of Fairfield, Town of Fairfield Police Department of Pending Motions (Durao, Dennis)
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Filing 3
NOTICE by Town of Fairfield, Town of Fairfield Police Department re #1 Notice of Removal, Statement of Dennis Durao (Durao, Dennis)
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Filing 2
NOTICE of Appearance by Dennis M Durao on behalf of Town of Fairfield, Town of Fairfield Police Department (Durao, Dennis)
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Filing 1
NOTICE OF REMOVAL by Town of Fairfield Police Department, Town of Fairfield from Bridgeport Superior Court, case number FBT-CV22-6112831-S. Filing fee $ 402 receipt number ACTDC-6813371, filed by Town of Fairfield Police Department, Town of Fairfield. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Complaint, #4 Return of Service)(Durao, Dennis)
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Judge Jeffrey A. Meyer added. (Walker, J.)
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