Reale v. Providence and Worcester Railroad Company
| Daniel Reale |
| Providence and Worcester Railroad Company |
| State of Connecticut |
| 3:2023cv00990 |
| July 25, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Jeffrey A Meyer |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Filing 36 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 re #11 MOTION to Dismiss set for 12/4/2023 03:00 PM in Courtroom Three, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer. (Lewis, D) |
| Filing 35 RESPONSE re #14 Order,,, by State of Connecticut. (Perry, Joshua) |
Filing 34
ORDER GRANTING MOTION TO STAY (Doc. #28 ). The Court GRANTS defendant's motion to stay discovery and Rule 26 deadlines until such time that the Court rules on the pending motion to dismiss. Although the Court does not state a view on the merits of defendants motion to dismiss, it is apparent that there is at least a substantial argument that the Connecticut law at issue is subject to federal preemption. Because of the burdens of discovery and because the Court does not believe that the plaintiff will be meaningfully prejudiced if discovery is delayed until such time that the Court rules on the motion to dismiss, the Court concludes that it should resolve the motion to dismiss before subjecting the parties to the demands of discovery and other case scheduling requirements. It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/18/2023. (Lewis, D)
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| Filing 33 RESPONSE re #28 MOTION to Stay Discovery Objection to Motion to Stay Discovery, Facts Required to Determine Federal Preemption filed by Daniel Reale. (Attachments: #1 Affidavit Affidavit in Support)(Reale, Daniel) |
| Filing 32 RESPONSE re #12 Memorandum in Support of Motion, #11 MOTION to Dismiss filed by Daniel Reale. (Attachments: #1 Memorandum in Support MOL in Support of Objection to MTD, #2 Exhibit Exhibit A - Notice to CT DOT re May 8 Obstruction, #3 Exhibit Exhibit B - Notice to DOT re May 9 Obstruction, #4 Exhibit Exhibit C - Complaint in Cima v P&W RR, #5 Affidavit of Plaintiff, #6 Affidavit of Tracey Zak, #7 Affidavit of Rhonda Pearson)(Reale, Daniel) |
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Filing 31
ORDER. Any objection or other response to the motion to stay may be filed on or before September 20, 2023. It is so ordered..(Responses due by 9/20/2023, ) Signed by Judge Jeffrey A. Meyer on 9/13/2023.(Lewis, D)
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| Filing 30 NOTICE by Providence and Worcester Railroad Company re #11 MOTION to Dismiss Supplemental Authority (Clements, Scott) |
| Filing 29 Memorandum in Support re #28 MOTION to Stay Discovery filed by Providence and Worcester Railroad Company. (Attachments: #1 Exhibit Declaration of Scott D. Clements)(Clements, Scott) |
| Filing 28 MOTION to Stay Discovery by Providence and Worcester Railroad Company.Responses due by 10/3/2023 (Attachments: #1 Affidavit Local Rule 37 Affidavit)(Clements, Scott) |
| Set Deadlines/Hearings: Rule 26 Meeting Report due by 10/10/2023 (Lewis, D) |
| Filing 27 NOTICE of Appearance by Benjamin Colburn on behalf of Providence and Worcester Railroad Company (Colburn, Benjamin) |
| Filing 26 NOTICE of Appearance by Scott D. Clements on behalf of Providence and Worcester Railroad Company (Clements, Scott) |
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Filing 25
ORDER granting #23 Motion to Appear Pro Hac Vice for Benjamin F. Colburn, Esq. Signed by Clerk on 8/24/2023. (Chartier, A)
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Filing 24
ORDER granting #22 Motion to Appear Pro Hac Vice for Scott D. Clements. Signed by Clerk on 8/24/2023. (Chartier, A)
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| Filing 23 MOTION for Attorney(s) Benjamin F. Colburn, Esq. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7458882) by Providence and Worcester Railroad Company. (Attachments: #1 Affidavit Affidavit of Benjamin F. Colburn, Esq.)(Fineman, Beck) |
| Filing 22 MOTION for Attorney(s) Scott D. Clements to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7458821) by Providence and Worcester Railroad Company. (Attachments: #1 Affidavit Affidavit of Scott D. Clements, Esq.)(Fineman, Beck) |
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Filing 21
ORDER. The Court GRANTS plaintiff's motion for extension of time (Doc. #18 ) to September 15, 2023 to file any objection or other response to the defendant's motion to dismiss. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/15/2023. (Reis, Julia)
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Filing 20
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 Jeffrey A. Meyer on 8/15/2023. (Reis, Julia)
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Filing 19
ORDER granting #17 Motion by Self-Represented Litigant to Participate in Electronic Filing by Daniel Reale. Signed by Judge Jeffrey A. Meyer on 8/15/2023. (Reis, Julia)
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| Filing 18 MOTION for Extension of Time up to September 15, 2023 to Plead by Daniel Reale. (Attachments: #1 Envelope)(Chartier, A) |
| Filing 17 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Daniel Reale. (Chartier, A) |
| Filing 16 NOTICE by Providence and Worcester Railroad Company of Compliance with #14 Order of August 2, 2023 (Fineman, Beck) Modified on 8/9/2023 to link to Court Order #14 (Chartier, A). |
| Filing 15 NOTICE by Providence and Worcester Railroad Company Regarding Certification of Constitutional Challenge to State Law re: #14 (Attachments: #1 Exhibit A)(Fineman, Beck) Modified on 8/9/2023 to link to Court Order #14 (Chartier, A). |
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Filing 14
CERTIFICATION TO STATE ATTORNEY GENERAL OF CONSTITUTIONAL CHALLENGE TO STATE LAW. For the reasons set forth in the attached order, the Court issues this notice with an allowance pursuant to Fed. R. Civ. P. 5.1(c) for the Attorney General of Connecticut to file a motion to intervene and any opposition or other response to the defendant's motion to dismiss within 60 days of the date of this Order if he wishes to defend against the preemption challenge to Conn. Gen. Stat. 13b-338 and 13b-339. The Clerk of Court shall forthwith serve this notice on the Office of the Attorney General. The defendant shall likewise serve a notice on the Attorney General as provided under Fed. R. Civ. P. 5.1(a) and file a notice of compliance on the docket within 7 days of this Order. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/2/2023. (Mahard, S.)
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| Filing 13 NOTICE by Providence and Worcester Railroad Company re #11 MOTION to Dismiss , #12 Memorandum in Support of Motion Notice to Self-Represented Party (Attachments: #1 Exhibit 1)(Fineman, Beck) |
| Filing 12 Memorandum in Support re #11 MOTION to Dismiss filed by Providence and Worcester Railroad Company. (Fineman, Beck) |
| Filing 11 MOTION to Dismiss by Providence and Worcester Railroad Company.Responses due by 8/22/2023 (Fineman, Beck) |
| Filing 10 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 Notice of Removal filed by Providence and Worcester Railroad Company, 6 Notice re: Disclosure Statement, #2 Notice (Other) filed by Providence and Worcester Railroad Company, #8 Electronic Filing Order, #4 Notice (Other) filed by Providence and Worcester Railroad Company, #7 Order on Pretrial Deadlines, #9 Protective Order, #5 Jury Demand filed by Providence and Worcester Railroad Company, #3 Notice (Other) filed by Providence and Worcester Railroad Company Signed by Clerk on 7/26/2023. (Attachments: #1 Standing Order on Removed Cases)(Chartier, AnnMarie) |
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Filing 9
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 7/25/2023.(Chartier, AnnMarie)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 7/25/2023.(Chartier, AnnMarie)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 9/23/2023 Discovery due by 1/24/2024 Dispositive Motions due by 2/28/2024 Signed by Clerk on 7/25/2023.(Chartier, AnnMarie)
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| Judge Jeffrey A. Meyer and Judge Maria E. Garcia added. (Freberg, B) |
| Filing 6 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 7/25/2023.(Perez, Jazmin) |
| Filing 5 DEMAND for Trial by Jury by Providence and Worcester Railroad Company. (Fineman, Beck) |
| Filing 4 NOTICE by Providence and Worcester Railroad Company Corporate Disclosure Statement (Fineman, Beck) |
| Filing 3 NOTICE by Providence and Worcester Railroad Company Notice of Pending Motions (Fineman, Beck) |
| Filing 2 NOTICE by Providence and Worcester Railroad Company Statement Regarding Standing Order In Removed Cases (Fineman, Beck) |
| Filing 1 NOTICE OF REMOVAL by Providence and Worcester Railroad Company from Superior Court of Connecticut Filing fee $ 402 receipt number ACTDC-7426604, filed by Providence and Worcester Railroad Company. (Attachments: #1 Exhibit A)(Fineman, Beck) |
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