Weisberg v. Yellen
| Richard J. Weisberg |
| Janet Yellen |
| 3:2023cv00549 |
| May 1, 2023 |
| US District Court for the District of Connecticut |
| Robert A Richardson |
| Omar A Williams |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE of Withdrawl of Motion #2 MOTION for Order to Show Cause, MOTION for Temporary Restraining Order by Richard J. Weisberg (Attachments: #1 Envelope) (Peterson, M) |
| Set Deadline: Show Cause Response due by 6/27/2023. (Velez, F.) |
Filing 19
ORDER granting ECF No. #18 , Motion for Extension of Time. The government shall respond to the court's order to show cause on or before June 27, 2023. Signed by Judge Omar A. Williams on 6/2/23. (Wagner, Rebecca)
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| Filing 18 Second MOTION for Extension of Time until June 27, 2023Unopposed Motion for Extension of Time To Respond to Plaintiff's Motion to Show Cause 17 Order on Motion for Extension of Time, 10 Order on Motion for Order to Show Cause,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,, by Janet Yellen. (Ely, Alexander) |
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Filing 17
ORDER granting ECF No. #16 , Motion for Extension of Time. The government shall respond to the court's order to show cause on or before June 2, 2023. Signed by Judge Omar A. Williams on 5/31/23. (Wagner, Rebecca)
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| Set Deadlines/Hearings: Show Cause Response due by 6/2/2023 (Wagner, Rebecca) |
| Filing 16 MOTION for Extension of Time until June 2, 2023Unopposed Motion for Extension of Time to File Response to Motion for Show Cause 10 Order on Motion for Order to Show Cause,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,, by Janet Yellen. (Ely, Alexander) |
| Filing 15 AFFIDAVIT of Service filed by Richard J. Weisberg. (Peterson, M) |
| Set Deadline: Rule 26 Meeting Report due by 7/6/2023. (Velez, F.) |
| Filing 14 NOTICE of Appearance by Alexander N. Ely on behalf of Janet Yellen (Ely, Alexander) |
| Filing 13 Disclosure Statement by Richard J. Weisberg. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 12 Consent to Electronic Notice by Richard J. Weisberg (Attachments: #1 Envelope) (Peterson, M) |
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Filing 11
ORDER Returning Submission as Deficient: Letter returned to Richard J. Weisberg Signed by Judge Omar A. Williams on 5/9/2023. (Peterson, M)
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Filing 10
ORDER denying in part and granting in part ECF No. #2 , Motion for an Order to Show Cause and a Temporary Restraining Order. Plaintiff brings this action against Secretary of the Treasury Janet Yellen, alleging that the Constitution obligates Secretary Yellen to avoid defaulting on the national debt (even absent Congressional action raising the debt limit). Plaintiff seeks a temporary restraining order (and, as stated very late in his motion, a preliminary injunction) preventing Secretary Yellen from allowing any default to occur. In order to obtain a temporary restraining order or a preliminary injunction, a movant "must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Sunbelt Rentals, Inc. v. McAndrews, 552 F. Supp. 3d 319, 325 (D. Conn. 2021) (quoting Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)). Additionally, Federal Rule of Civil Procedure 65(b)(1)(B) holds that a temporary restraining order may issue without notice to the adverse party only if the movant's attorney (or here, the self-represented movant) "certifies in writing any efforts made to give notice and the reasons why it should not be required." Here, Plaintiff provides no such certification, thus the request for a temporary restraining order is denied.And while fully acknowledging Williams v. Lew, 819 F.3d 466, 472 (D.C. Cir. 2016), the court grants the motion insofar as it seeks an order to show cause why a preliminary injunction should not issue. Congress has the ability to suspend the Debt Limit Statute (31 U.S.C. 3101), id. at 470, 473, and it can be argued that, as in Williams v. Lew, Plaintiff's "claims of future injuries are entirely conjectural. It is indisputable that the United States has never defaulted on its debt obligations." Id. at 473. As such, Defendant reasonably might argue that any potential future harm to Plaintiff would follow "an extended chain of contingencies." Id. See also Bond v. United States, 564 U.S. 211, 225 (2011). Still, Plaintiff represents that he has standing in that he relies upon Social Security payments that would cease if the nation were to default on its debt obligations. Accordingly, Defendant is instructed to respond to the motion on or before May 29, 2023. The court finds a hearing is not necessary at this time, as the relevant issues can be resolved on briefs alone. Plaintiff is instructed to serve Defendant with civil process and a copy of this order on or before May 15, 2023.For the foregoing reasons, the motion is denied in part and granted in part. It is so ordered. Signed by Judge Omar A. Williams on 5/8/23. (Wagner, Rebecca)
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| Set Deadlines/Hearings: Show Cause Response due by 5/29/2023 (Wagner, Rebecca) |
| Filing 9 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Janet Yellen* with answer to complaint due within *60* days. Attorney *Richard J. Weisberg* *34 Prince's Pine Road* *Norwalk, CT 06850*. (Peterson, M) |
| Filing 8 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 Order on Pretrial Deadlines, #2 MOTION for Order to Show Cause MOTION for Temporary Restraining Order filed by Richard J. Weisberg, #6 Electronic Filing Order, #5 Protective Order, #7 Order, #1 Complaint filed by Richard J. Weisberg, 3 Notice re: Disclosure Statement, Signed by Clerk on 5/1/2023. (Peterson, M) |
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Filing 7
Standing Order to Self-Represented Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 5/1/2023. (Peterson, M)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 5/1/2023. (Peterson, M)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Omar A. Williams on 5/1/2023. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 6/30/2023. Discovery due by 10/31/2023. Dispositive Motions due by 12/5/2023. Signed by Clerk on 05/01/2023. (Peterson, M)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a 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 5/1/2023. (Oliver, T.) |
| Filing 2 MOTION for Order to Show Cause, MOTION for Temporary Restraining Order Pendente Lite by Richard J. Weisberg. (Oliver, T.) |
| Filing 1 COMPLAINT against Janet Yellen, filed by Richard J. Weisberg. (Oliver, T.) |
| Filing fee received from Richard J. Weisberg: $ 402.00, receipt number 373900 (Oliver, T.) |
| Request for Clerk to issue summons as to Janet Yellen. (Oliver, T.) |
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| Plaintiff: Richard J. Weisberg | |
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| Defendant: Janet Yellen | |
| Represented By: | Alexander N. Ely |
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