Davis et al v. Rossi et al
| Loretta Davis and Keyonna Davis |
| Nancy R. Rossi, West Haven Housing Authority, MeadowLanding Limited Partnership & Corp., Elizabeth McManus, John Counter, Savin Rock Communities, Inc., Chole Williams, Julie Stancarone and City of West Haven |
| 3:2023cv00012 |
| January 3, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Robert M Spector |
| Civil Rights: Accommodations |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 MOTION Requesting Serving of Summons by Loretta Davis. Responses due by 3/22/2023. (Fanelle, N.) |
| Filing 13 NOTICE of Appearance by Michael A. Leone on behalf of Nancy R. Rossi, City of West Haven (Leone, Michael) |
Filing 12
ORDER denying #10 Amended Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit repeatedly cautions against the routine appointment of counsel. See, e.g., Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). Insofar as volunteer lawyer time is not always readily available, a plaintiff seeking appointment of counsel must show first that she "sought counsel and has been unable to obtain it." McDonald v. Head Criminal Court Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made this showing, she must then demonstrate that her complaint passes the test of "likely merit." Cooper, 877 F.2d at 173. She must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Notably, "even where a claim is not frivolous, counsel is often unwarranted where the [plaintiff's] chances of success are extremely slim." Id. at 171. Here, Plaintiffs have demonstrated that they have sought but have, as of yet, been unable to obtain counsel. Plaintiffs indicate, however, that they are still seeking legal counsel for representation in this matter. See ECF No. 10 at 4-5. In addition, at this nascent stage of the litigation, the Court cannot ascertain the "likely merit" of Plaintiffs' claims. The #10 Amended Motion is therefore DENIED without prejudice should facts develop through the litigation that permit reassessment of this issue. Plaintiffs may find information about the Federal Pro Se Legal Assistance Program at the following link: https://nhlegal.org/federalprose/. The Clerk of the Court is also directed to mail Plaintiffs information on the Federal Pro Se Legal Assistance Program. Signed by Judge Kari A. Dooley on 2/8/2023. (Chambers, Jillian)
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Filing 11
ORDER finding as moot #2 Motion to Appoint Counsel in light of Plaintiffs' #10 Amended Motion to Appoint Counsel, which the Court has taken under advisement. Signed by Judge Kari A. Dooley on 1/24/2023. (Chambers, Jillian)
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| Filing 10 AMENDED MOTION to Appoint Counsel by Keyonna Davis, Loretta Davis. (Fanelle, N.) |
| Filing 9 AMENDED COMPLAINT against John Counter, Elizabeth McManus, MeadowLanding Limited Partnership & Corp., Nancy R. Rossi, Savin Rock Communities, Inc., Julie Stancarone, West Haven Housing Authority, Chole Williams, City of West Haven, filed by Keyonna Davis, Loretta Davis.(Fanelle, N.) |
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Filing 8
ORDER. The pro se Complaint in this matter purports to be brought on behalf of Plaintiffs Keyonna Davis and Loretta Davis. However, it has come to the Court's attention that although the pro se Complaint is signed by Plaintiff Loretta Davis, Plaintiff Keyonna Davis did not sign the Complaint. See Compl., ECF No. #1 . The Federal and Local Rules of Civil Procedure require that all pleadings be signed. See Rule 11(a), Fed. R. Civ. P. ("Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorneys name or by a party personally if the party is unrepresented."); Rule 10, D. Conn. L. Civ. R. ("All pleadings be prepared in conformity with the Federal Rules of Civil Procedure...." and include the signature of the pro se party or attorney who prepared the complaint or other pleading, and the date on which it was signed). Plaintiff Loretta Davis does not have legal standing to assert claims on behalf of anyone other than herself. Am. Psychiatric Ass'n v. Anthem Health Plans, Inc., 821 F.3d 352, 358 (2d Cir. 2016) ("a plaintiff may ordinarily assert only [her] own legal rights, not those of third parties"). The rule against third-party standing is not absolute, but the Complaint does not provide any basis for finding third-party standing. See generally Camacho v. Brandon, 317 F.3d 153, 159 (2d Cir. 2003) (setting forth legal standard for third-party standing). Nor is the Plaintiff, who is not an attorney, permitted to appear on behalf of Plaintiff Keyonna Davis. Under 28 U.S.C. 1654, "parties may plead and conduct their own cases personally or by counsel." "Although the statute gives [plaintiff] the right to pursue [her] own claims, it does not permit [her] to represent anyone else." Davidson v. Fitzgerald, No. 3:21-CV-63 (JCH), 2021 WL 6125617, at *5 (D. Conn. Dec. 28, 2021). Accordingly, if putative Plaintiff Keyonna Davis intends to prosecute the claims contained in the Complaint, the Plaintiffs must file an Amended Complaint which bears the signature of both pro se litigants on or before January 24, 2023. Failure to do so shall result in Keyonna Davis being terminated as a named Plaintiff in this action. Signed by Judge Kari A. Dooley on 1/10/2023. (Chambers, Jillian)
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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 #2 MOTION to Appoint Counsel filed by Loretta Davis, 3 Notice re: Disclosure Statement,, #4 Protective Order, #5 Electronic Filing Order, #1 Complaint, filed by Loretta Davis, Keyonna Davis Signed by Clerk on 1/6/2023. (Fanelle, N.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *John Counter, Elizabeth McManus, MeadowLanding Limited Partnership & Corp., Nancy R. Rossi, Savin Rock Communities, Inc., Julie Stancarone, West Haven Housing Authority, Chole Williams* with answer to complaint due within *21* days. *Loretta Davis* *385 Meadowbrook Court* *WestHaven, CT 06516*. (Fanelle, N.) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 1/3/2022. (Fanelle, N.)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 1/3/2022. (Fanelle, N.)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/3/2023.(Freberg, B) |
| Filing 2 MOTION to Appoint Counsel by Loretta Davis. (Freberg, B) |
| Filing 1 COMPLAINT against John Counter, Elizabeth McManus, MeadowLanding Limited Partnership & Corp., Nancy R. Rossi, Savin Rock Communities, Inc., Julie Stancarone, West Haven Housing Authority, Chole Williams, filed by Keyonna Davis, Loretta Davis.(Freberg, B) |
| Filing fee received from Loretta Davis: $ 402.00, receipt number TBA (Freberg, B) |
| Judge Kari A. Dooley and Judge Robert M. Spector added. (Freberg, B) |
| Request for Clerk to issue summons as to John Counter, Elizabeth McManus, MeadowLanding Limited Partnership & Corp., Nancy R. Rossi, Savin Rock Communities, Inc., Julie Stancarone, West Haven Housing Authority, Chole Williams. (Freberg, B) |
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