Lean On Us Home Care, LLC et al v. Department of Social Services
| Lean On Us Home Care, LLC and Evgjieni Baca |
| Department of Social Services, Dierdre Gifford and John F. McCormick |
| 3:2022cv00705 |
| May 25, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 OBJECTION re #20 MOTION for Settlement Conference filed by Dierdre Gifford, John F. McCormick, Department of Social Services. (McCooey, Patricia) |
Filing 21
ORDER. Plaintiffs have filed a motion requesting "that the court schedule a settlement conference on this matter at the earliest possible date." Doc. #20 at 1. Plaintiff does not indicate whether defendants are amenable to settlement discussions at this time. Accordingly, on or before July 25, 2022, plaintiffs shall file a Notice on the docket stating whether defendants consent or object to a referral for an early settlement conference. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/20/2022. (Katz, S.)
|
| Filing 20 MOTION for Settlement Conference by Lean On Us Home Care, LLC. (Einhorn, Jonathan) |
| Filing 19 SUMMONS Returned Executed by Lean On Us Home Care, LLC. Dierdre Gifford served on 6/21/2022, answer due 8/12/2022; John F. McCormick served on 6/21/2022, answer due 8/12/2022. (Einhorn, Jonathan) |
|
Filing 18
ORDER granting, absent objection, #17 Motion for Extension of Time until 8/12/2022 to file a responsive pleading to the #9 Amended Complaint. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/11/2022. (Katz, S.)
|
| Responsive pleading deadline updated for Dierdre Gifford to 8/12/2022; John F. McCormick to 8/12/2022. (Katz, S.) |
| Filing 17 MOTION for Extension of Time until 8/12/2022 to file a responsive pleading #9 Amended Complaint by Dierdre Gifford, John F. McCormick, Department of Social Services. (McCooey, Patricia) |
| Filing 16 NOTICE of Appearance by Tanya Feliciano DeMattia on behalf of Dierdre Gifford, John F. McCormick, Department of Social Services (DeMattia, Tanya) |
| Filing 15 NOTICE of Appearance by Patricia Ellen McCooey on behalf of Dierdre Gifford, John F. McCormick, Department of Social Services (McCooey, Patricia) |
| Set Deadlines: Rule 26(f) Meeting Report due by 8/19/2022. (Katz, S.) |
|
Filing 14
ORDER. The #10 Response to the Order to Show Cause is hereby acknowledged. Plaintiffs shall proceed with service of the #9 Amended Complaint on the individual defendants. Plaintiffs shall file the returns of service forthwith, and in any event, no later than September 6, 2022. Signed by Judge Sarah A. L. Merriam on 6/9/2022. (Katz, S.)
|
|
Filing 13
ORDER. The #11 Motion to Withdraw as to defendant Department of Social Services, State of Connecticut is TERMINATED, as moot, in light of the filing of the #9 Amended Complaint. It is so ordered. Signed by Judge Sarah A. L. Merriam on 6/9/2022. (Katz, S.)
|
| Filing 12 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Dierdre Gifford, John F. McCormick* with answer to complaint due within *21* days. Attorney *Jonathan J. Einhorn* *Law Office of Jonathan J. Einhorn* *129 Whitney Avenue* *New Haven, CT 06510*. (Oliver, T.) |
| Filing 11 MOTION to Withdraw As To Defendant Department of Social Services, State of Connecticut ONLY by Evgjieni Baca, Lean On Us Home Care, LLC. (Einhorn, Jonathan) |
| Filing 10 RESPONSE TO 8 Order to Show Cause,,,,,,,, by Evgjieni Baca, Lean On Us Home Care, LLC filed by Evgjieni Baca, Lean On Us Home Care, LLC. (Einhorn, Jonathan) |
| Filing 9 AMENDED COMPLAINT against DIERDRE GIFFORD, John F. McCormick, filed by Lean On Us Home Care, LLC, Evgjieni Baca. (Attachments: #1 Exhibit)(Einhorn, Jonathan) |
| Request for Clerk to issue summons as to DIERDRE GIFFORD, John F. McCormick. (Einhorn, Jonathan) |
|
Filing 8
ORDER TO SHOW CAUSE why this case should not be dismissed for failure to adequately allege a federal question sufficient to support subject matter jurisdiction.Plaintiffs have filed a complaint pursuant to 42 U.S.C. 1983 seeking "damages, injunctive and declaratory relief against the defendant State of Connecticut, Department of Social Services[.]" Doc. #1 at 1. The Complaint is brought in two counts, each of which is asserted pursuant to 42 U.S.C. 1983, "seek[ing] to redress the deprivation under color of the law, of the rights secured by the United States Constitution." Id. The sole defendant named is the State of Connecticut Department of Social Services ("DSS"). See id. at 2. "A state agency is not a 'person' within the meaning of section 1983." P.C. v. Conn. Dep't of Child. & Fams., 662 F. Supp. 2d 218, 226 (D. Conn. 2009). See also Bhatia v. Conn. Dep't of Child. & Fams. (DCF), 317 F. App'x 51, 52 (2d Cir. 2009); Rzayeva v. United States, et al., 492 F. Supp. 2d 60, 73 (D. Conn. 2007) ("To the extent Plaintiffs assert civil rights claims against the State Defendants [including DSS] brought pursuant to 42 U.S.C. 1983, these claims must be dismissed because neither a state nor any of its agencies is a 'person' under 1983."). Additionally, DSS likely is entitled to immunity under the Eleventh Amendment. See Bhatia, 317 F. App'x at 52 ("The district court was correct to dismiss the complaint as pleaded[]... because state agencies are entitled to Eleventh Amendment immunity[.]").Plaintiffs are hereby ORDERED to show cause why this case should not be dismissed for failure to allege any claim sufficient to support federal question jurisdiction. Plaintiffs shall file a response to this Order on or before June 14, 2022.It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/31/2022. (Katz, S.)
|
|
Filing 7
ORDER. All counsel and self-represented parties are advised that any requests for relief, including the rescheduling of conferences or hearings that have been calendared on ECF, must be made by filing of a motion on the docket, in full compliance with all applicable Federal and Local Rules. Relief from deadlines, orders, and calendars may not be obtained by calling or emailing chambers staff or the Clerk's Office. Court staff cannot provide advice or guidance, and ex parte communications with the Court are generally improper. It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/25/2022.(Caffrey, A.)
|
| Filing 6 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 Lean On Us Home Care, LLC, Evgjieni Baca, #2 Order on Pretrial Deadlines, #4 Protective Order, #3 Electronic Filing Order Signed by Clerk on 5/25/2022. (Oliver, T.) |
| Filing 5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Social Services* with answer to complaint due within *21* days. Attorney *Jonathan J. Einhorn* *Law Office of Jonathan J. Einhorn* *129 Whitney Avenue* *New Haven, CT 06510*. (Oliver, T.) |
|
Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 5/25/2022. (Oliver, T.)
|
|
Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 5/25/2022. (Oliver, T.)
|
|
Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 7/24/2022 Discovery due by 11/24/2022 Dispositive Motions due by 12/29/2022 Signed by Clerk on 5/25/2022. (Oliver, T.)
|
| Filing 1 COMPLAINT against Department of Social Services ( Filing fee $402 receipt number ACTDC-6944860.), filed by Lean On Us Home Care, LLC, Evgjieni Baca.(Einhorn, Jonathan) Modified on 5/25/2022 to correct party (Anastasio, F.). |
| Request for Clerk to issue summons as to Department of Social Services. (Einhorn, Jonathan) Modified on 5/25/2022 to correct party (Anastasio, F.). |
| Judge Sarah A. L. Merriam added. (Freberg, B) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
