Brown v. Public Safety
| Ralston Brown |
| Department of Public Safety |
| 3:2022cv01270 |
| October 13, 2022 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Jeffrey A Meyer |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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Filing 15
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.Oral argument on motion to dismiss (Doc. #9 ) is set for January 9, 2023 at 3:00 p.m. Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer. For cases involving parties who are represented by counsel, Judge Meyer ordinarily expects that the parties themselves will be present for hearings on any dispositive motions (i.e., motions to dismiss and for summary judgment). If an individual party (or party representative in the case of a company/entity party) is not present, Judge Meyer will inquire of counsel why the party or party representative has chosen not to attend the hearing and may require the filing of a signed waiver of presence with a statement of reasons. If the argument is scheduled to proceed in full or in part by means of a video link, then the parties or party representatives are welcome to attend the argument by video. (Barry, Donna)
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Filing 16
ORDER RE ORAL ARGUMENT. In addition to the issues raised in the defendant's motion to dismiss, the parties are requested to address at oral argument the following issues: (1) whether the Eleventh Amendment to the U.S. Constitution divests the Court of subject matter jurisdiction over plaintiff's claims against a state agency, see Campbell v. City of Waterbury, 321-cv-107, 585 F. Supp. 3d 194, 201-03 (D. Conn. 2022), as distinct from defendant's statutory arguments in its motion to dismiss about whether a state entity qualifies as a "person" under 42 U.S.C. 1983; (2) whether despite defense counsel's entry of a notice of appearance (Doc. #8 ) on behalf of the Department of Public Safety there actually exists a state entity named the Department of Public Safety, as distinct from the Department of Emergency Services and Public Protection, see https://portal.ct.gov/DESPP/Division-of-Emergency-Service-and-Public-Protection/About-Us (stating that "[i] 2011, in an effort by the state to decrease the number of agencies and reduce costs, another transformation occurred" and that "[t]he Department of Public Safety became the Department of Emergency Services and Public Protection (DESPP)"); and (3) whether there exists a doctrine as repeatedly referred to in defendant's motion and briefing as "Younger Absenteeism" as distinct from the well-known doctrine of Younger abstention. It is so ordered. Signed by Judge Jeffrey A. Meyer on 12/7/22.(Barry, Donna)
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Filing 14
REPLY to Response to #9 MOTION to Dismiss filed by Department of Public Safety. (Yale, David)
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Filing 13
Plaintiff's OBJECTION re #9 MOTION to Dismiss filed by Ralston Brown. (Chartier, AnnMarie)
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Filing 12
ORDER. The Court DENIES without prejudice to renewal the motion for extension of time for failure to state that the plaintiff has inquired of opposing counsel whether there is consent to the motion, all as required under D. Conn. L. Civ. R. 7(b)(2). It is so ordered. Signed by Judge Jeffrey A. Meyer on 11/22/22. (Barry, Donna)
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Filing 11
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Public Safety* with answer to complaint due within *21* days. *Ralston Brown* *102 Harral Ave* *Bridgeport, CT 06604*. (Oliver, T.)
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Request for Clerk to issue summons as to Department of Public Safety. (Oliver, T.)
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Filing 10
MOTION for Extension of Time to File Objection as to #9 MOTION to Dismiss until January 6, 2023 by Ralston Brown. (Chartier, AnnMarie)
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Filing 9
MOTION to Dismiss by Department of Public Safety.Responses due by 12/5/2022 (Attachments: #1 Memorandum in Support, #2 Exhibit A- Return of Service, #3 Supplement Notice to Pro Se Litigant)(Yale, David)
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Filing 8
NOTICE of Appearance by David C. Yale on behalf of Department of Public Safety (Yale, David)
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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 #6 Electronic Filing Order, #5 Protective Order, #1 Complaint filed by Ralston Brown, #3 Notice (Other) filed by Ralston Brown, #4 Order on Pretrial Deadlines Signed by Clerk on 10/14/2022.(Chartier, AnnMarie)
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Docket Entry Correction re #2 MOTION for Preliminary Injunction MODIFIED TO NOTE ENTRY AS ENTERED IN ERROR (Oliver, T.)
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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 10/13/2022.(Chartier, AnnMarie)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 10/13/2022.(Chartier, AnnMarie)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 12/12/2022 Discovery due by 4/14/2023 Dispositive Motions due by 5/19/2023 Signed by Clerk on 10/13/2022.(Chartier, AnnMarie)
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Filing 3
NOTICE of Complaint and Request for Injunction Relief by Ralston Brown (Oliver, T.)
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Filing 2
ENTERED IN ERROR - MOTION for Injunction Relief by Ralston Brown. Responses due by 11/3/2022 (Oliver, T.) Modified on 10/14/2022 (Oliver, T.).
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Filing 1
COMPLAINT against Department of Public Safety, filed by Ralston Brown.(Oliver, T.)
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Judge Jeffrey A. Meyer and Judge Thomas O. Farrish added. (Oliver, T.)
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Filing fee received from Ralston Brown: $ 402.00, receipt number 373854 (Oliver, T.)
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| Plaintiff: Ralston Brown | |
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| Defendant: Department of Public Safety | |
| Represented By: | David C. Yale |
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