Antar v. Grogins et al
| Theodora F. Antar |
| Auden Grogins, Scott Jones, Jane Grossman, State of Connecticut Judicial Branch, State of Connecticut ADA Program, Michael Hillis, Matthew Lodice, Kurt Correia, V. Sentore, A. Vakos, Colin Lacey, Derby GA5 Superior Court, Matthew Kalthoff, Orange Police Department, Laura DeLeo, Barbara Belluci, Luz Santana, Robert Kochiss, O'Keefe, Milford Police Department, Anderson, Jane Does, John Does, Jane Kupson Grossman and V. Senatore |
| 3:2024cv00264 |
| February 27, 2024 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| 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 April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ORDER. The #29 motion for extension of time is GRANTED. The Defendants identified at ECF No. 29 shall file a responsive pleading by June 5, 2024. Signed by Judge Michael P Shea on 4/11/2024. (Bassali, D)
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| Filing 29 First MOTION for Extension of Time until June 5, 2024 to file Responsive Motion to Plaintiff's Operative Complaint by Anderson, Kurt Correia, Orange Police Department. (Marino, Vincent) |
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Filing 28
ORDER. Plaintiff has filed an interlocutory appeal of the Court's order granting the State Defendants' motion for extension of time (ECF No. 25) as well as a motion to proceed in forma pauperis (ECF No. 22). As an initial matter, it is unclear whether the motion to proceed in forma pauperis refers to this action or to her appeal. If the motion to proceed in forma pauperis refers to this action, it is denied as moot. Under the in forma pauperis statute, a litigant may proceed in forma pauperis if she "is unable to pay" the standard fee for commencing an action. 28 U.S.C. 1915(a)(1). Because Plaintiff already paid the filing fee (see unnumbered docket entry dated 2/28/2024), she has shown she was able to pay the fee at the time she filed this action, and she cites no authority suggesting that any recent change in her economic circumstances (if there has been any) would warrant refunding the fee. See Ball v. Goldfar, 2020 WL 474448 *2 n. 2 (N.D.N.Y. Jan. 28, 2020) ("The law is well-settled that once payment of the filing fee has been collected, it cannot be waived or refunded, regardless of the outcome of the action." (citing cases)); In re Brown, No. 3:21-mc-47, 2022 WL 9818961, at *1 (D. Conn. Oct. 17, 2022) ("Plaintiff's renewed motion to proceed in forma pauperis was moot in light of the fact that he had previously paid the $49 miscellaneous case filing fee in full."); Himmelreich v. Warden FCI Danbury, No. 3:14-CV-930 SRU, 2014 WL 5783003, at *1 (D. Conn. Nov. 6, 2014) ("The petitioner paid the filing fee on July 21, 2014, with his pleadings. Accordingly, the application to proceed in forma pauperis is denied as moot."); Ashmeade v. Amazon.Com, No. 23-CV-4331, at *1 n.1 (S.D.N.Y. July 24, 2023) ("Plaintiff has also filed a Motion to proceed in forma pauperis, which the Court denies as moot since Plaintiff has paid the filing fees." (internal citation omitted)). The Court also notes that the plaintiff has not completely filled out the in forma pauperis form, leaving several sections blank and raising questions about how she is funding the substantial expenses the form says she is incurring (over $3,000 per month) on the basis of the only income she identifies ($588/month).If Plaintiff seeks to proceed in forma pauperis on appeal, the motion is also denied. Under 28 U.S.C. 1915(a)(3), "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." An appeal is taken "in good faith" when the appellant "seeks appellate review of any issue not frivolous." Coppedge v. United States, 369 U.S. 438, 445 (1962). "[I]f on consideration the trial judge is conscientiously convinced that there is no substantial question for review and that an appeal would be futile, or if he is convinced that there is no reasonable basis for the claims of alleged error, it is the duty of the trial judge, albeit not a pleasant duty, to certify that the appeal is not taken in good faith." United States v. Farley, 238 F.2d 575, 576 (2d Cir. 1956) (internal citations and quotation marks omitted).The Court must certify that Plaintiffs' appeal is not taken in good faith. Plaintiff appeals the Court's order granting certain Defendants' motion for extension of time to file a responsive pleading. This order is not a final order capable of being appealed before final judgment. Generally, an order may not be appealed unless it is a final decision that "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233 (1945). To qualify as an exception to this requirement of finality, the order must "conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment." Coopers Lybrand v. Livesay, 437 U.S. 463, 468 (1978). An order granting an extension of time does not conclusively determine any disputed question or resolve an important issue separate from the merits of the action. As such, this order is interlocutory only and may not be appealed before final judgment. The Court thus certifies the appeals of this order is not taken in good faith.Because the Court finds that Plaintiff's appeal is not taken in good faith, her motion to proceed in forma pauperis is DENIED. Per Federal Rule of Appellate Procedure 24(a)(4), the Clerk is instructed to notify the Court of Appeals of this order. Signed by Judge Michael P Shea on 4/9/2024. (Bassali, D)
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| Filing 27 NOTICE of Appearance by Vincent M. Marino on behalf of Anderson, Kurt Correia, Orange Police Department (Marino, Vincent) |
| Filing 26 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #25 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 (Peterson, M) |
| Filing 24 NOTICE of Appearance by Owen T. Weaver on behalf of Anderson, Kurt Correia, Orange Police Department (Weaver, Owen) |
| Filing 25 NOTICE OF INTERLOCUTORY APPEAL as to 20 Order on Motion for Extension of Time by Theodora F. Antar. (Peterson, M) |
| Filing 23 ENTERED IN ERROR: NOTICE by Theodora F. Antar re 20 Order on Motion for Extension of Time NOTICE OF APPEAL (Attachments: #1 Appendix)(Antar, Theodora ) Modified on 4/8/2024 (Peterson, M). |
| Filing 22 MOTION for Leave to Proceed in forma pauperis by Theodora F. Antar. (Antar, Theodora ) |
| Filing 21 OBJECTION re 20 Order on Motion for Extension of Time, Update Answer Deadline, OBJECTION TO EXTENSION OF TIME BEING GRANTED WITHOUT GIVING PLAINTIFF THE OPPORTUNITY TO RESPOND filed by Theodora F. Antar. (Attachments: #1 Exhibit)(Antar, Theodora ) |
| Answer deadline updated for Laura DeLeo to 5/19/2024; Derby GA5 Superior Court to 5/19/2024; Auden Grogins to 5/19/2024; Jane Kupson Grossman to 5/19/2024; Scott Jones to 5/19/2024; State of Connecticut ADA Program to 5/19/2024; State of Connecticut Judicial Branch to 5/19/2024. (Johnson, D.) |
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Filing 20
ORDER. The State Defendants' #17 motion for extension of time is GRANTED. Defendants shall file a responsive pleading by May 19, 2024. Signed by Judge Michael P Shea on 3/19/2024. (Bassali, D)
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Filing 19
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 Michael P Shea on 3/18/24.(Johnson, D.)
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Filing 18
ORDER. The #9 motion to withdraw motion to proceed in forma pauperis is GRANTED. The #2 motion to proceed in forma pauperis has been withdrawn, and is therefore DENIED. The #11 motion by self-represented litigant to participate in electronic filing is GRANTED. Self-Represented filers are required to comply with the Standard Electronic Filing Order docketed at case opening.Signed by Judge Michael P Shea on 3/18/2024. (Pierson, M)
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| Filing 17 MOTION for Extension of Time until 5-19-2024 to file a responsive pleasing to amended complaint by Laura DeLeo, Derby GA5 Superior Court, Auden Grogins, Jane Kupson Grossman, Scott Jones, State of Connecticut ADA Program, State of Connecticut Judicial Branch. (Sullivan, Blake) |
| Filing 16 NOTICE of Appearance by Benjamin A. Abrams on behalf of Laura DeLeo, Derby GA5 Superior Court, Auden Grogins, Jane Kupson Grossman, Scott Jones, State of Connecticut ADA Program, State of Connecticut Judicial Branch (Abrams, Benjamin) |
| Filing 15 NOTICE of Appearance by Blake Thomas Sullivan on behalf of Laura DeLeo, Derby GA5 Superior Court, Auden Grogins, Jane Kupson Grossman, Scott Jones, State of Connecticut ADA Program, State of Connecticut Judicial Branch (Sullivan, Blake) |
| Filing 14 DEMAND for Trial by Jury by Theodora F. Antar. (Peterson, M) |
| Filing 12 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 #5 Order on Pretrial Deadlines, #7 Standing Protective Order, #6 Electronic Filing Order, #11 MOTION by Self-Represented Litigant to Participate in Electronic Filing filed by Theodora F. Antar, #3 Consent to Electronic Notice filed by Theodora F. Antar, #8 Notice of Option to Consent to Magistrate Judge Jurisdiction, #2 MOTION for Leave to Proceed in forma pauperis filed by Theodora F. Antar, #9 MOTION to Withdraw #2 MOTION for Leave to Proceed in forma pauperis filed by Theodora F. Antar, 4 Notice re: Disclosure Statement, #1 Complaint, filed by Theodora F. Antar Signed by Clerk on 2/28/24.(Pesta, J.) |
| Filing 11 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Theodora F. Antar. (Oliver, T.) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Anderson, Barbara Belluci, Kurt Correia, Laura DeLeo, Derby GA5 Superior Court, Jane Does, John Does, Auden Grogins, Jane Grossman, Michael Hillis, Scott Jones, Matthew Kalthoff, Robert Kochiss, Colin Lacey, Matthew Lodice, Milford Police Department, O'Keefe, Orange Police Department, Luz Santana, V. Sentore, State of Connecticut ADA Program, State of Connecticut Judicial Branch, A. Vakos* with answer to complaint due within *21* days. *Theodora F. Antar* *P.O. Box 3554* *Milford, CT 06460*. (Oliver, T.) |
| Filing 9 MOTION to Withdraw #2 MOTION for Leave to Proceed in forma pauperis by Theodora F. Antar. (Oliver, T.) |
| Filing fee received from Theodora F. Antar: $ 405.00, receipt number BPT-14187/374009 (Oliver, T.) Modified on 2/29/2024 TO ADD THE RECEIPT NUMBER (Oliver, T.). |
| Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Pesta, J.) |
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Filing 7
Standing Protective Order Signed by Judge Michael P Shea on 2/27/24.(Pesta, J.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P Shea on 2/27/24.(Pesta, J.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 4/27/2024 Discovery due by 8/28/2024 Dispositive Motions due by 10/2/2024 Signed by Clerk on 2/27/24.(Pesta, J.)
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| Filing 4 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 2/27/24.(Pesta, J.) |
| Filing 3 Consent to Electronic Notice by Theodora F. Antar (Pesta, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Theodora F. Antar. (Pesta, J.) |
| Filing 1 COMPLAINT against Anderson, Barbara Belluci, Kurt Correia, Laura DeLeo, Derby GA5 Superior Court, Jane Does, John Does, Auden Grogins, Jane Grossman, Michael Hillis, Scott Jones, Matthew Kalthoff, Robert Kochiss, Colin Lacey, Matthew Lodice, Milford Police Department, O'Keefe, Orange Police Department, Luz Santana, V. Sentore, State of Connecticut ADA Program, State of Connecticut Judicial Branch, A. Vakos, filed by Theodora F. Antar.(Pesta, J.) |
| Judge Michael P Shea and Judge S. Dave Vatti added. (Oliver, T.) |
| Request for Clerk to issue summons as to all defendants. (Pesta, J.) Modified file date on 2/28/2024 (Pesta, J.). |
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