Bautista Ortiz v. Glimpse
| Juan Bautista Ortiz |
| Linda Glimpse |
| 3:2022cv00468 |
| March 31, 2022 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Johnson, D.) |
Filing 16
ORDER: The defendant's motion to stay (ECF No. 12) is granted. The complaint alleges that plaintiff's March 17, 2021 arrest on charges of arson in violation of Conn. Gen. Stat. 53a-111 was not supported by probable cause because the defendant misrepresented facts in the arrest warrant application. The complaint asserts claims of false arrest in violation of the Fourth Amendment, and intentional and negligent infliction of emotional distress for which he seek money damages. The plaintiff's underlying criminal case remains pending. In Wallace v. Kato, 549 U.S. 384, 393-94 (2007), the United States Supreme Court stated that "[i]f a plaintiff files a false-arrest claim before he has been convicted (or files any other claim related to rulings that will likely be made in a pending or anticipated criminal trial), it is within the power of the district court, and in accord with common practice, to stay the civil action until the criminal case or the likelihood of a criminal case is ended." The Court explained that "[i]f the plaintiff is ultimately convicted, and if the stayed civil suit would impugn that conviction, Heck [v. Humphrey, 512 U.S. 477 (1994)] will require dismissal; otherwise, the civil action will proceed, absent some other bar to suit." Id. at 394. The Second Circuit and district courts have followed this "common practice" of staying such actions. Id. See, e.g., Stegemann v. Rensselaer Cnty. Sheriff's Off., 648 F. App'x 73, 78 (2d Cir. 2016) ("Because Stegemann's underlying criminal action is ongoing, the better course might be for the District Court to hold Stegemann's civil action in abeyance until a judgment of conviction has been entered in his criminal case. Indeed, the Supreme Court has expressly noted the general appropriateness of such a course."); Braithwaite v. Collins, No. 22-CV-0161, 2022 WL 1624122, at *3 (E.D.N.Y. May 23, 2022) (staying and administratively closing the case until the conclusion of plaintiff's underlying state court criminal proceedings because "the claims set forth in the Amended Complaint are closely intertwined with the on-going state criminal case [and] prosecution of such claims in this Court at this juncture would be premature."); Banyan v. Sikorski, No. 17-CV-4942, 2021 WL 3271735, at *3 (S.D.N.Y. July 30, 2021) ("The Court reads the Supreme Court and the Second Circuit as strongly suggesting, if not holding, that a stay should be granted of a Section 1983 false arrest claim when a state court criminal prosecution is pending."). The Plaintiff has not offered any substantive reasons why the Court should not follow this precedent. Accordingly, the motion to stay is granted. The Clerk is directed to administratively close but not dismiss this case. The plaintiff is ordered to file a notice within 30 days of the final adjudication of his underlying state criminal charges setting forth the disposition of each charge. Signed by Judge Michael P. Shea on 10/14/22. (Constantine, A.)
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| Filing 15 OBJECTION re #12 MOTION to Stay Second Revised filed by Juan Bautista Ortiz. (Spears, Wesley) |
| Filing 14 First OBJECTION re #12 MOTION to Stay REVISED Objection to Motion for Stay filed by Juan Bautista Ortiz. (Spears, Wesley) |
| Filing 13 OBJECTION re #12 MOTION to Stay filed by Juan Bautista Ortiz. (Spears, Wesley) |
| Filing 12 MOTION to Stay by Linda Glimpse.Responses due by 9/15/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Diakun, John) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Linda Glimpse on May 23, 2022, filed by Juan Bautista Ortiz. (Spears, Wesley) |
| Filing 10 ANSWER to #1 Complaint with Affirmative Defenses and Special Defenses with Jury Demand by Linda Glimpse.(Diakun, John) |
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Filing 9
ORDER: Defendant Linda Glimpse's consented-to motion #8 for an extension of time until July 13, 2022 in which to file a response to the complaint and an extension until July 30, 2022 in which to conduct a Rule 26(f) conference is granted. Signed by Judge Michael P. Shea on 6/3/22. (Constantine, A.)
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| Set Deadlines:( Rule 26 Meeting Report due by 7/30/2022), Answer deadline updated for Linda Glimpse to 7/13/2022. (Johnson, D.) |
| Filing 8 MOTION for Extension of Time until July 13, 2022 and July 30, 2022 of Answer deadline and of Rule 26(f) Conference deadline by Linda Glimpse. (Diakun, John) |
| Filing 7 NOTICE of Appearance by John Fotis Diakun on behalf of Linda Glimpse (Diakun, John) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Linda Glimpse* with answer to complaint due within *21* days. Attorney *Wesley S. Spears* *Law Offices of Wesley S. Spears LLC* *PO Box 330872* *West Hartford, CT 06133-0872*. (Peterson, M) |
| Filing 5 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 #3 Electronic Filing Order, #4 Protective Order, #2 Order on Pretrial Deadlines, #1 Complaint filed by Juan Bautista Ortiz Signed by Clerk on 03/31/2022. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 03/31/2022. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 03/31/2022. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 5/30/2022. Discovery due by 9/30/2022. Dispositive Motions due by 11/4/2022. Signed by Clerk on 3/31/2022. (Peterson, M)
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| Filing 1 COMPLAINT against Linda Glimpse ( Filing fee $402 receipt number ACTDC-6883893.), filed by Juan Bautista Ortiz.(Spears, Wesley) Modified on 3/31/2022 to correct filed against parties(Hushin, Z.). |
| Request for Clerk to issue summons as to Linda Glimpse. (Spears, Wesley) Modified on 3/31/2022 to correct summons parties (Hushin, Z.). |
| Judge Michael P. Shea added. (Oliver, T.) |
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| Plaintiff: Juan Bautista Ortiz | |
| Represented By: | Wesley S. Spears |
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| Defendant: Linda Glimpse | |
| Represented By: | John Fotis Diakun |
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