Traylor v. Pacciuco LLC et al
| Sylvester Traylor |
| Pacciuco LLC, Town of Waterford, Law Office of Lloyd Langhammer, PHH Mortgage Cooperation, Anthony Colvert Basilica, Sr., Anthony Colvert Basilica, Jr., State of Connecticut, PHH Mortgage Corporation, Anthony Colvert Basilica, Anthony R. Basilcia, Alan Wilensky, Steven P. Cardelle and Patrick Saint Jean |
| 3:2023cv00329 |
| March 10, 2023 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| S Dave Vatti |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
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Filing 72
NOTICE of Hearing on Motions re: #71 MOTION to Set Aside Default , #70 MOTION for to disqualify Judge Sarala V. Nagala Order, #69 MOTION for Default Judgment as to Pacciuco LLC and Patrick Saint Jean. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing set for 5/19/2023 at 01:00 PM in Courtroom One, 450 Main St., Hartford, CT before Judge Sarala V. Nagala. In addition to the motion hearing, the Court will conduct a brief status conference for the case as a whole and as such, all counsel and Mr. Traylor are required to attend. Signed by Judge Sarala V. Nagala on 5/3/2023.(Bozek, M.)
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Filing 71
MOTION to Set Aside Default by Pacciuco LLC, Patrick Saint Jean. (Liberty, Frank)
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Filing 70
MOTION for to disqualify Judge Sarala V. Nagala Order by Sylvester Traylor. (Traylor, Sylvester)
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Filing 69
MOTION for Default Judgment as to Pacciuco LLC and Patrick Saint Jean by Sylvester Traylor. (Traylor, Sylvester)
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Answer deadline updated for Steven P. Cardelle to 6/17/2023; Law Office of Lloyd Langhammer to 6/17/2023; Town of Waterford to 6/17/2023; Alan Wilensky to 6/17/2023. (Bozek, M.)
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Filing 68
Disclosure Statement by Pacciuco LLC. (Liberty, Frank)
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Filing 67
ORDER finding as moot #58 Motion for Default. In light of the Court's order at ECF No. 66 , Plaintiff's Motion for Default filed at ECF No. #58 is denied as moot. Signed by Judge Sarala V. Nagala on 4/25/23. (Marks, Joshua)
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Filing 66
ORDER granting in part and denying in part #59 Motion for Default. The Second Circuit "has expressed on numerous occasions its preference that litigation disputes be resolved on the merits, not by default." Cody v. Mello, 59 F.3d 13, 15 (2d Cir. 1995). "While courts are entitled to enforce compliance with the time limits of the Rules by various means, the extreme sanction of a default judgment must remain a weapon of last, rather than first, resort." Meehan v. Snow, 652 F.2d 274, 277 (2d Cir. 1981). In light of the Court's order granting Defendants Town of Waterford, Cardelle, Wilensky, and Law Office of Lloyd Langhammer's motions for an extension of time to respond to the complaint, Plaintiff's motion for default against those Defendants is DENIED. Plaintiff's motion for default against Pacciuco, LLC, and Patrick Saint Jean, however, is GRANTED, as these Defendants have neither responded to the complaint nor filed a motion to extend their time for doing so, despite that counsel has appeared on their behalf. Plaintiff shall file a motion for default judgment against Defendants Pacciuco, LLC, and Saint Jean pursuant to Federal Rule of Civil Procedure 55(b) no later than May 25, 2023.Signed by Judge Sarala V. Nagala on 4/25/23. (Marks, Joshua)
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Filing 65
ORDER granting #62 , #64 Motions for Extension of time. The motions for extension of time represent that there was some confusion regarding retention of counsel for Defendants Town of Waterford, Alan Wilensky, Steven Cardelle, and Law Office of Lloyd Langhammer, such that counsel was only recently retained and missed the deadline to respond to the complaint. While the Court is skeptical that such confusion alone excuses these defendants from timely appearing and answering the complaint, the Second Circuit "has expressed on numerous occasions its preference that litigation disputes be resolved on the merits, not by default." Cody v. Mello, 59 F.3d 13, 15 (2d Cir. 1995). Therefore, the Court grants the motions for extension of time. Defendants Town of Waterford, Wilensky, Cardelle, and Law Office of Lloyd Langhammer shall answer or otherwise respond to the complaint no later than June 17, 2023. Signed by Judge Sarala V. Nagala on 4/25/23. (Marks, Joshua)
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Filing 64
MOTION for Extension of Time until June 17, 2023 to Plead by Law Office of Lloyd Langhammer. (Ouellette, Scott)
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Filing 63
NOTICE of Appearance by Scott Roland Ouellette on behalf of Law Office of Lloyd Langhammer (Ouellette, Scott)
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Filing 62
MOTION for Extension of Time until June 17, 2023 to Plead by Steven P. Cardelle, Town of Waterford, Alan Wilensky. (Ouellette, Scott)
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Filing 61
NOTICE of Appearance by Scott Roland Ouellette on behalf of Steven P. Cardelle, Town of Waterford, Alan Wilensky (Ouellette, Scott)
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Filing 60
NOTICE of Appearance by Frank J. Liberty on behalf of Pacciuco LLC, Patrick Saint Jean (Liberty, Frank)
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Filing 59
MOTION for Default Entry 55(a) as to Pacciuco LLC, Patrick Saint Jean, Law Offices of Lloyd L. Langhammer, LLC, Town of Waterford, Alan Wilensky and Steven P. Cardelle by Sylvester Traylor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Traylor, Sylvester)
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Filing 58
MOTION for Default Entry 55(a) as to Pacciuco LLC, Patrick Saint Jean, Law Offices of Lloyd L. Langhammer, LLC, Town of Waterford, Alan Wilensky and Steven P. Cardelle by Sylvester Traylor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Traylor, Sylvester)
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Filing 57
ORDER RE DEFENDANTS' FAILURE TO ANSWER OR TIMELY RESPOND TO COMPLAINT. Defendants Wilensky, Cardelle, and Saint Jean were required to answer or otherwise respond to Plaintiff's complaint by April 18, 2023. See ECF No. 32 . Given Defendants' failure to timely file an answer or otherwise respond to the complaint, the Court directs Plaintiff to move for entry of a default against the aforementioned Defendants pursuant to Fed. R. Civ. P. 55(a) on or before May 11, 2023. Failure to do so will result in the Court dismissing the case for failure to prosecute. See D. Conn. L. Civ. R. 41(a). In the event that Defendants choose in the interim to file an answer or other response to the complaint, Defendants shall also file a motion for extension of time nunc pro tunc stating why there is good cause for their failure to comply with the scheduling requirements of the Court and the Federal Rules of Civil Procedure. Signed by Judge Sarala V. Nagala on 4/20/23. (Marks, Joshua)
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Filing 56
MANDATE of USCA dated 4/18/2023 Withdrawn #37 Notice of Interlocutory Appeal filed by Sylvester Traylor. (Mendez, D)
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Answer deadline updated for Anthony R. Basilcia to 6/17/2023; Anthony Colvert Basilica to 6/17/2023. (Bozek, M.)
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Filing 55
ORDER granting #51 , #52 , #53 , #54 Motions for Extension of Time. Defendants Anthony C. Basilica and Anthony R. Basilica shall file any opposition to Plaintiff's request for a Temporary Restraining Order, and answer or otherwise respond to the complaint in this action, no later than June 17, 2023. The Court finds that the requests for an extension of time are supported by good cause, as set forth in the motions, notwithstanding Plaintiff's objections to the motions. The Basilica Defendants are reminded, however, that Local Rule of Civil Procedure 7(b)3 requires all motions for extension of time to be filed at least three business days prior to the deadline sought to be extended. If a motion is not filed by such deadline it must explain why it was not filed in compliance with this requirement. The instant motions were not filed three business days in advance of the deadline sought to be extended, nor do they explain why they were filed late. The parties are advised that any future motions that do not comply with all the requirements of Local Rule 7(b)3 will be denied. Signed by Judge Sarala V. Nagala on 4/18/23. (Marks, Joshua)
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Filing 54
First MOTION for Extension of Time until June 17, 2023 to respond to Plaintiff's Amended Complaint 22 by Anthony Colvert Basilica. (Basilica, Anthony)
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Filing 53
First MOTION for Extension of Time until June 17, 2023 to respond to Plaintiff's Amended Complaint 22 by Anthony R Basilica by Anthony R. Basilcia. (Basilica, Anthony)
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Filing 52
First MOTION for Extension of Time to File Response/Reply as to #1 MOTION for Temporary Restraining Order until June 17, 2023 by Anthony Colvert Basilica. (Basilica, Anthony)
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Filing 51
First MOTION for Extension of Time to File Response/Reply as to #1 MOTION for Temporary Restraining Order until June 17, 2023 by Anthony R. Basilcia. (Basilica, Anthony)
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Filing 50
NOTICE of Appearance by Anthony C. Basilica on behalf of Anthony Colvert Basilica (Basilica, Anthony)
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Filing 49
NOTICE of Appearance by Anthony C. Basilica on behalf of Anthony R. Basilcia (Basilica, Anthony)
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Filing 48
ORDER finding as moot #35 Motion for Leave to Appeal. In light of Plaintiff's notice of appeal filed at ECF No. #37 , his motion for leave to appeal is denied as moot. Signed by Judge Sarala V. Nagala on 4/17/23. (Marks, Joshua)
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Filing 47
ORDER denying #45 , #46 Motions to Withdraw Appeal. On April 7, Plaintiff filed his notice of interlocutory appeal. Upon receipt of this notice, the Clerk of Court prepared an index and record on appeal, which was sent to the Second Circuit. The Second Circuit then opened a case for the appeal. See Traylor v. Pacciuco, 23-585. This Court does not have the ability to withdraw Plaintiff's appeal. If Plaintiff wishes to withdraw his appeal, he must make the appropriate motion before the Second Circuit. Signed by Judge Sarala V. Nagala on 4/17/23. (Marks, Joshua)
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Filing 46
MOTION to Withdraw Interlocutory Appeal Docket No. 23-585 as an error by Sylvester Traylor. (Traylor, Sylvester)
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Filing 45
MOTION to Withdraw Interlocutory Appeal Docket No. 23-585 as an error by Sylvester Traylor. (Traylor, Sylvester)
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Filing 44
NOTICE by Sylvester Traylor An Interlocutory Appeal to the United States Supreme Court under the Rooker Feldman Doctrine (Traylor, Sylvester)
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Filing 43
NOTICE by Sylvester Traylor An Interlocutory Appeal to the United States Supreme Court under the Rooker Feldman Doctrine (Traylor, Sylvester)
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Answer deadline updated for PHH Mortgage Corporation to 6/17/2023. (Bozek, M.)
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Filing 42
ORDER granting #41 Motion for Extension of Time. Defendant PHH Mortgage Corporation shall answer or otherwise respond to the complaint no later than June 17, 2023. Signed by Judge Sarala V. Nagala on 4/13/23. (Marks, Joshua)
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Filing 41
First MOTION for Extension of Time until June 17, 2023 To Answer Or Otherwise Plead by PHH Mortgage Corporation. (Menge, Christa)
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Filing 40
Disclosure Statement 7.1 by PHH Mortgage Corporation. (Menge, Christa)
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Filing 39
NOTICE of Appearance by Christa Menge on behalf of PHH Mortgage Corporation (Menge, Christa)
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Filing 38
CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #37 Notice of Interlocutory Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none. (Mendez, D)
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Filing 36
Appellant's BRIEF by Sylvester Traylor. Appellee Brief due by 5/10/2023 (Traylor, Sylvester)
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Filing 37
NOTICE OF INTERLOCUTORY APPEAL as to 33 Order on Motion to Consolidate Cases, by Sylvester Traylor. Document #34 corrected (Mendez, D)
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Filing 35
MOTION for Leave to Appeal by Sylvester Traylor. (Traylor, Sylvester)
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Filing 34
Entered In Error - NOTICE by Sylvester Traylor re 33 Order on Motion to Consolidate Cases, Notice of Interlocutory Appeal (Traylor, Sylvester) Modified on 4/11/2023 to enter an error made by filer (Mendez, D).
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Filing 33
ORDER denying #28 Motion to Consolidate Cases. In light of the Court's order remanding Pacciuco v. Traylor, 22-cv-354, Plaintiff's motion to consolidate is DENIED AS MOOT. Signed by Judge Sarala V. Nagala on 4/7/23. (Marks, Joshua)
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Answer deadline updated for Anthony R. Basilcia, Anthony Colvert Basilica, Steven P. Cardelle, Law Office of Lloyd Langhammer, Pacciuco LLC, Patrick Saint Jean, Town of Waterford, Alan Wilensky to 4/18/2023. Answer deadline updated for State of Connecticut 6/17/2023. See 32 order. (Bozek, M.)
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Filing 32
ORDER granting in part #31 Motion for Extension of Time. The motion is GRANTED as to the State of Connecticut only, and it shall answer or otherwise respond to the complaint no later than June 17, 2023. The motion is DENIED without prejudice as to the remaining Defendants. In the motion the Attorney General's office notes that it is not presently representing the remaining defendants and it does not indicate whether the remaining Defendants have consented to the motion for extension of time. The Court sets the response deadline for all remaining Defendants as April 18, 2023, which is 21 days after the last Defendants were served. If the remaining Defendants seek an extension of this deadline to respond, they may individually file motions for extension of time. Signed by Judge Sarala V. Nagala on 4/6/23. (Marks, Joshua)
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Set Deadline: Rule 26 Meeting Report due by 5/19/2023. (Bozek, M.)
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Filing 31
MOTION for Extension of Time until June 17, 2023 for all named defendants to respond to Plaintiffs Amended Complaint #22 Amended Complaint by State of Connecticut. (Abrams, Benjamin)
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Filing 30
NOTICE of Appearance by Alma Rose Nunley on behalf of State of Connecticut (Nunley, Alma)
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Filing 29
NOTICE of Appearance by Benjamin A. Abrams on behalf of State of Connecticut (Abrams, Benjamin)
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Filing 28
MOTION to Consolidate Cases. Case to be consolidated with 3:23-CV-00354-SVN by Sylvester Traylor.Responses due by 4/21/2023 (Traylor, Sylvester)
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Filing 27
SUMMONS Returned Executed by Sylvester Traylor. All Defendants. (Traylor, Sylvester)
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Filing 26
NOTICE OF COMPLIANCE WITH PRETRIAL ORDER by Sylvester Traylor re 25 Order on Motion to Consolidate Cases,, (Traylor, Sylvester)
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Filing 25
ORDER denying #20 Motion to Consolidate. Plaintiff has filed a motion requesting this Court consolidate the present action with an action in Connecticut Superior Court that Plaintiff is attempting to remove. As the Court informed Plaintiff last week, ECF No. 14, if Plaintiff is attempting to remove an action to this Court, he must file a new action with the Clerk of Court, inform the Clerk of his intentions to remove a state court action, and pay the $402 filing fee. This Court is not empowered to consolidate a pending state action with a federal action. Thus, Plaintiff's motion to consolidate is DENIED. Signed by Judge Sarala V. Nagala on 3/23/23. (Marks, Joshua)
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Filing 24
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Anthony R. Basilcia, Anthony Colvert Basilica, Steven P. Cardelle, State of Connecticut, Law Office of Lloyd Langhammer, PHH Mortgage Corporation, Pacciuco LLC, Patrick Saint Jean, Town of Waterford, Alan Wilensky* with answer to complaint due within *21* days. *Sylvester Traylor* *881 Vauxhall St. Ext.* *Quaker Hill, CT 06375*. (Peterson, M)
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Filing 23
NOTICE of Lis Pendens by Sylvester Traylor (Traylor, Sylvester)
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Filing 22
AMENDED COMPLAINT against Patrick Saint Jean, Anthony R. Basilcia, Anthony Colvert Basilica, Steven P. Cardelle, State of Connecticut, Law Office of Lloyd Langhammer, PHH Mortgage Corporation, Pacciuco LLC, Town of Waterford, Alan Wilensky, filed by Sylvester Traylor.(Traylor, Sylvester) Modified on 4/20/2023 to add parties listed in amended complaint (Bozek, M.).
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Filing 21
Second NOTICE by Sylvester Traylor re #16 Notice (Other) Amendment as of Right (Traylor, Sylvester)
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Request for Clerk to issue summons as to Anthony R. Basilcia, Anthony Colvert Basilica, Steven P. Cardelle, State of Connecticut, Law Office of Lloyd Langhammer, PHH Mortgage Corporation, Pacciuco LLC, Patrick Saint Jean, Town of Waterford, Alan Wilensky. (Peterson, M) Modified on 3/23/2023 (Peterson, M).
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Filing 20
First MOTION to Consolidate Cases. Case to be consolidated with KNL-CV23-6060393-S Notice of Removal by Sylvester Traylor.Responses due by 4/12/2023 (Traylor, Sylvester)
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Filing 19
First AFFIDAVIT re #17 Amended Complaint Signed By Habibah Abdul-Hakeem filed by Sylvester Traylor. (Traylor, Sylvester)
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Filing 18
First Exhibit List by Sylvester Traylor. (Traylor, Sylvester)
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Filing 17
AMENDED COMPLAINT against Anthony Colvert Basilica, Anthony R. Basilcia, Alan Wilensky, Steven P. Cardelle, filed by Sylvester Traylor.(Traylor, Sylvester)
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Filing 16
First NOTICE by Sylvester Traylor Amend as of Right (Traylor, Sylvester)
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Filing 15
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Sarala V. Nagala on 3/17/23. (Velez, F.)
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Filing 14
ORDER. Plaintiff has filed a Notice of Removal in this action. ECF No. 10. It appears Plaintiff is attempting to remove case number KNL-CV23-6060393-S from Connecticut Superior Court. This notice, however, does not constitute proper removal. If the Plaintiff is attempting to remove a case to Federal Court he must inform the Clerk of Court that this is his intention, open a new action, and provide the $402 filing fee to open a new action. Signed by Judge Sarala V. Nagala on 3/17/23. (Marks, Joshua)
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Filing 13
ORDER granting #11 Motion to Participate in Electronic Filing. Signed by Judge Sarala V. Nagala on 3/17/23. (Marks, Joshua)
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Filing 12
Consent to Electronic Notice, by Sylvester Traylor. (Mendez, D)
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Filing 11
MOTION By Self-Represented Litigant To Participate In Electronic Filing, by Sylvester Traylor. (Mendez, D)
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Filing 10
NOTICE OF REMOVAL by Sylvester Traylor from Superior Court for the State of Connecticut, case number KNL-CV23-6060393-S, filed by Sylvester Traylor. (Mendez, D)
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Filing 9
SUMMONS Returned Executed. (Mendez, D)
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Filing 8
NOTICE TO PLAINTIFF: After reviewing the Complaint (ECF No. #1 ), the court concludes that this case is not one where issuance of an ex parte temporary restraining order is appropriate. Once the plaintiff has served the defendants, he should contact the court if he wishes to have a hearing on his application for a temporary restraining order. Signed by Judge Alvin W. Thompson on 03/13/2023. (Ghinaglia Socorro, F.)
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Filing 7
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Anthony Colvert Basilica, Sr, Anthony Colvert Basilica, Jr, State of Connecticut, Law Office of Lloyd Langhammer, PHH Mortgage Cooperation, Pacciuco LLC, Town of Waterford* with answer to complaint due within *21* days. Attorney *Sylvester Traylor* *881 Vauxhall St. Ext.* *Quaker Hill, CT 06375*. (Peterson, M)
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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 Sylvester Traylor, #5 Electronic Filing Order, #4 Protective Order, #3 Order on Pretrial Deadlines, 2 Notice re: Disclosure Statement. Signed by Clerk on 3/10/2023. (Peterson, M)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 3/10/2023. (Peterson, M)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 3/10/2023. (Peterson, M)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 5/9/2023. Discovery due by 9/9/2023. Dispositive Motions due by 10/14/2023. Signed by Clerk on 3/10/2023. (Peterson, M)
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Filing 2
Notice: Pursuant to Federal Rule of Civil Procedure 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 3/10/2023. (Peterson, M)
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Filing 1
MOTION for Temporary Restraining Order/COMPLAINT against Anthony Colvert Basilica, Sr, Anthony Colvert Basilica, Jr, State of Connecticut, Law Office of Lloyd Langhammer, PHH Mortgage Cooperation, Pacciuco LLC, Town of Waterford, filed by Sylvester Traylor. (Attachments: #1 Exhibits) (Peterson, M) Modified on 3/13/2023 to change to motion event/relief (Bozek, M.).
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Filing fee received from Sylvester Traylor: $ 402.00, receipt number 605634 (Peterson, M)
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Judge Sarala V. Nagala and Judge S. Dave Vatti added. (Shafer, J.)
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Request for Clerk to issue summons as to Anthony Colvert Basilica, Sr, Anthony Colvert Basilica, Jr, State of Connecticut, Law Office of Lloyd Langhammer, PHH Mortgage Cooperation, Pacciuco LLC, Town of Waterford. (Peterson, M)
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