Martinez v. United States Postal Service et al
| Darren Martinez |
| United States Postal Service, United States of America and Philip Tonning O'Sullivan |
| 3:2022cv00849 |
| July 7, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Motor Vehicle |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States of America* with answer to complaint due within *60* days. Attorney *The Law Office of Michael E. Skiber 152 East Avenue CT Norwalk, CT 06851* (Corriette, M.) |
| Request for Clerk to issue summons as to United States of America. (Skiber, Michael) |
| Request for Clerk to issue summons as to Darren Martinez. (Skiber, Michael) |
| Filing 26 SECOND AMENDED COMPLAINT against United States of America, filed by Darren Martinez.(Skiber, Michael) Modified on 8/22/2022 as to title of document (Imbriani, Susan). |
Filing 25
ORDER granting #24 plaintiff's Motion to Amend. For the reasons discussed at the Show Cause Hearing held on August 9, 2022, plaintiff's Motion to Amend is GRANTED. Plaintiff shall separately docket the Second Amended Complaint on or before August 19, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/15/2022. (Teague, J.)
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| Filing 24 MOTION to Amend/Correct #10 Amended Complaint by Darren Martinez.Responses due by 9/5/2022 (Attachments: #1 Exhibit Redlined Ameneded Complaint, #2 Exhibit Second Amended Complaint)(Skiber, Michael) |
| Filing 23 Minute Entry for proceedings held before Judge Sarah A. L. Merriam: Show Cause Hearing held on 8/9/2022. 12 minutes(Court Reporter Cassie Zayas.) (Caffrey, A.) |
| Filing 22 AMENDED NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Show Cause Hearing set for Tuesday, August 9, 2022, at 9:30 a.m., in Courtroom Three-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Sarah A. L. Merriam. All persons in the courtroom must wear masks that cover the nose and mouth at all times. (Teague, J.) |
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Filing 21
ORDER granting #20 plaintiff's Motion for Continuance of August 1, 2022, Hearing. The Order to Show Cause Hearing currently scheduled for August 1, 2022, at 3:00 p.m. will be held on August 9, 2022, at 9:30 a.m. A separate calendar entry will follow. No further continuances of this hearing will be granted absent truly unforeseeable and extraordinary circumstances. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/29/2022. (Teague, J.)
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| Filing 20 Second MOTION to Continue Order to Show Cause Hearing by Darren Martinez. (Skiber, Michael) |
| Filing 19 RESPONSE TO 9 Order to Show Cause,,,,,,,,,, by Darren Martinez filed by Darren Martinez. (Skiber, Michael) |
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Filing 18
ORDER. A member of the Court staff received an email today from a person named Scott Williams, who does not have an appearance in this matter, but appears to be associated with plaintiff's counsel of record, Attorney Michael Skiber. The email requests legal advice from Court staff, which is improper. The Court has expressly advised all parties: "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." Doc. #8 (emphases in original). Counsel is advised to carefully read the entire docket, and in particular, the Court's Order to Show Cause, which provides, in part: "The Complaint attempts to assert a claim against USPS pursuant to the Federal Tort Claims Act ('FTCA'), 28 U.S.C. 1346. See Doc. #1 at 2. However, 'suit under the Federal Tort Claims Act lies here, if at all, only against the United States. Neither the Postal Service nor [related agencies] may be sued directly on claims brought under 28 U.S.C. 1346(b).' Myers & Myers, Inc. v. U. S. Postal Serv., 527 F.2d 1252, 1256 (2d Cir. 1975)." Doc. #9. The Amended Complaint, which was filed after this Order entered, names the USPS as a defendant. Furthermore, plaintiff failed to "file a response to" the Court's July 8, 2022, Order to Show Cause by July 15, 2022, as directed. The Show Cause hearing set for August 1, 2022, will go forward as scheduled. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/26/2022. (Teague, J.)
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| Filing 17 AMENDED NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Show Cause Hearing set for Monday, August 1, 2022, at 3:00 p.m., in Courtroom Three-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Sarah A. L. Merriam. All persons in the courtroom must wear masks that cover the nose and mouth at all times. (Teague, J.) |
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Filing 16
ORDER granting, in part, #14 plaintiff's Motion for Extension of Time to Respond to Order to Show Cause. Plaintiff shall file his response to the Court's Order to Show Cause (Doc. #9) on or before July 29, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/25/2022. (Teague, J.)
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Filing 15
ORDER granting, in part, #13 plaintiff's Motion for Continuance of August 3, 2022, Hearing. The Order to Show Cause Hearing currently scheduled for August 3, 2022, at 10:00 a.m. will be held on August 1, 2022, at 3:00 p.m. A separate calendar entry will follow. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/25/2022. (Teague, J.)
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| Filing 14 MOTION for Extension of Time until August 21, 2022 to Respond to Order to Show Cause 9 Order to Show Cause,,,,,,,,,, by Darren Martinez. (Skiber, Michael) |
| Filing 13 MOTION to Continue Hearing scheduled for August 3, 2022 by Darren Martinez. (Skiber, Michael) |
| Filing 12 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Show Cause Hearing set for Wednesday, August 3, 2022, at 10:00 a.m., in Courtroom Three-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Sarah A. L. Merriam. All persons in the courtroom must wear masks that cover the nose and mouth at all times. The Court will consider at this hearing whether to impose sanctions for counsel's failure to file a response to the Court's Order to Show Cause (Doc. #9). (Teague, J.) |
| Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Philip Tonning O'Sullivan, United States of America* with answer to complaint due within *60* days. Attorney *Michael E. Skiber* *The Law Office of Michael E. Skiber* *152 East Avenue* *Norwalk, CT 06851*. (Oliver, T.) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Darren Martinez. (Attachments: #1 Exhibit)(Skiber, Michael) |
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Filing 9
ORDER TO SHOW CAUSE. Plaintiff has filed this action naming a single defendant, the United States Postal Service, in the caption. See Doc. #1 at 1. While the Complaint makes allegations against other parties, the caption lists only a single defendant. "Federal Rule of Civil Procedure 10(a) requires that all defendants be named in the case caption." Mayo v. Doe, 480 F. Supp. 3d 395, 403 (D. Conn. 2020); see also Fed. R. Civ. P. 10(a) ("The title of the complaint must name all the parties[.]"). Because only the United States Postal Service ("USPS") is properly named as a defendant, a summons has only been issued for the USPS. See Doc. #6 . The Complaint attempts to assert a claim against USPS pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346. See Doc. #1 at 2. However, "suit under the Federal Tort Claims Act lies here, if at all, only against the United States. Neither the Postal Service nor [related agencies] may be sued directly on claims brought under 28 U.S.C. 1346(b)." Myers & Myers, Inc. v. U. S. Postal Serv., 527 F.2d 1252, 1256 (2d Cir. 1975). Accordingly, it appears that the Court lacks jurisdiction over the claims against the sole defendant properly named in this case. See, e.g., Colucci v. United States Postal Serv., No. 21CV00827(MKB), 2021 WL 1902539, at *2 (E.D.N.Y. Apr. 20, 2021) ("Because actions under the FTCA 'must be brought against the United States rather than an agency thereof,' Mignogna v. Sair Aviation, Inc., 937 F.2d 37, 40 (2d Cir. 1991), the Court dismisses the Complaint against the USPS for lack of subject matter jurisdiction."). "Statutory jurisdiction goes to the heart of a federal court's power, and federal courts have an independent obligation to consider the presence or absence of subject matter jurisdiction sua sponte." In re Tronox Inc., 855 F.3d 84, 95 (2d Cir. 2017) (citation and quotation marks omitted). "If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE why this matter should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall file a response to this Order on or before July 15, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/8/2022. (Teague, J.)
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| Request for Clerk to issue summons as to All Defendants. (Skiber, Michael) |
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Filing 8
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 7/7/2022.(Caffrey, A.)
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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 #4 Electronic Filing Order, #5 Protective Order, #1 Complaint filed by Darren Martinez, #2 Exhibit filed by Darren Martinez, #3 Order on Pretrial Deadlines Signed by Clerk on 7/7/2022. (Oliver, T.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *United States Postal Service* with answer to complaint due within *60* days. Attorney *Michael E. Skiber* *The Law Office of Michael E. Skiber* *152 East Avenue* *Norwalk, CT 06851*. (Oliver, T.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 7/7/2022. (Oliver, T.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 7/7/2022. (Oliver, T.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 9/5/2022 Discovery due by 1/6/2023 Dispositive Motions due by 2/10/2023 Signed by Clerk on 7/7/2022. (Oliver, T.)
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| Filing 2 EXHIBIT by Darren Martinez re #1 Complaint. (Skiber, Michael) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-6989025.), filed by Darren Martinez.(Skiber, Michael) |
| Judge Sarah A. L. Merriam added. (Freberg, B) |
| Request for Clerk to issue summons as to All Defendants. (Skiber, Michael) |
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