Downs v. Provenzano et al
| Karen Downs |
| Ann Marie Provenzano, Robert Berchem, Berchem Moses PC, Marc Provenzano, Angela Tobin, Mark DeGennaro, Donahue, Votto & DeGennaro P.C., City of Milford, Milford Police Department and Stephen Studer |
| 3:2025cv01039 |
| June 27, 2025 |
| U.S. District Court for the District of Connecticut |
| Omar A Williams |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 REPLY to Response to #43 MOTION to Dismiss filed by Robert Berchem, Berchem Moses PC, Stephen Studer. (Cappello, Jody) |
| Filing 54 REPLY to Response to #42 MOTION to Dismiss Amended Complaint filed by City of Milford, Milford Police Department. (Glass, Andrew) |
| Filing 53 NOTICE of Voluntary Dismissal of Paul Dorsi (Defendant), party by Karen Downs (Fein, Bruce) |
| Filing 52 First MOTION to Dismiss by Paul Dorsi.Responses due by 12/26/2025 (Attachments: #1 Memorandum in Support)(Bellair, Marisa) |
| Filing 51 NOTICE of Appearance by Marisa A. Bellair on behalf of Paul Dorsi (Bellair, Marisa) |
| Filing 50 NOTICE of Voluntary Dismissal of Jon August (Defendant), party by Karen Downs (Fein, Bruce) |
| Filing 49 Memorandum in Opposition re #42 MOTION to Dismiss Amended Complaint, #45 MOTION to Dismiss , #43 MOTION to Dismiss , #47 MOTION to Dismiss filed by Karen Downs. (Fein, Bruce) |
| Filing 48 MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Amended Complaint, #45 MOTION to Dismiss , #43 MOTION to Dismiss , #47 MOTION to Dismiss until 12/15/2025 by Karen Downs. (Fein, Bruce) |
| Filing 47 MOTION to Dismiss by John August.Responses due by 12/1/2025 (Rosnick, Michael) |
| Filing 46 NOTICE of Appearance by Michael J. Rosnick on behalf of John August (Rosnick, Michael) |
| Filing 45 MOTION to Dismiss by Ann Marie Provenzano, Marc Provenzano, Angela Tobin.Responses due by 11/26/2025 (Lenes, James) |
| Filing 44 NOTICE of Appearance by James A. Lenes on behalf of Marc Provenzano, Angela Tobin (Lenes, James) |
| Filing 43 MOTION to Dismiss by Robert Berchem, Berchem Moses PC, Stephen Studer.Responses due by 11/25/2025 (Attachments: #1 Memorandum in Support)(Cappello, Jody) |
| Filing 42 MOTION to Dismiss Amended Complaint by City of Milford, Milford Police Department.Responses due by 11/25/2025 (Attachments: #1 Memorandum in Support)(Glass, Andrew) |
| Filing 41 NOTICE of Appearance by Michael Selbst on behalf of Robert Berchem, Berchem Moses PC, Stephen W. Studer (Selbst, Michael) |
| Filing 40 NOTICE of Appearance by Andrew James Glass on behalf of City of Milford, Milford Police Department (Glass, Andrew) |
| Filing 39 AFFIDAVIT of Service for Summons, Amended Complaint served on City of Milford, Milford Police Department on 10/16/2025, filed by Karen Downs. (Fein, Bruce) |
| Filing 38 AFFIDAVIT of Service for Summons, Amended Complaint served on Judge Mark Degennaro, in his official capacity on 10/16/2025, filed by Karen Downs. (Fein, Bruce) |
| Filing 37 AFFIDAVIT of Service for Summons, Amended Complaint served on Jon August on 10/16/2025, filed by Karen Downs. (Fein, Bruce) |
| Filing 36 AFFIDAVIT of Service for Summons, Amended Complaint served on Paul Dorsi on 10/16/2025, filed by Karen Downs. (Fein, Bruce) |
| Filing 35 AFFIDAVIT of Service for Summons, Amended Complaint served on Angela Tobin on 10/16/2025, filed by Karen Downs. (Fein, Bruce) |
| Filing 34 NOTICE of Appearance by Michael A. Leone on behalf of Paul Dorsi (Leone, Michael) |
Filing 33
ORDER denying as moot ECF No. #32 , Motion for Extension of Time. In its order of October 20, 2025, the court already explicitly granted the relief requested herein. See ECF No. 31. Accordingly, there is no further relief to be granted, and the motion is denied as moot. It is so ordered. Signed by Judge Omar A. Williams on 10/23/25. (Wagner, R)
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| Answer deadline updated for John August to 11/4/2025; Robert Berchem to 11/4/2025; Berchem Moses PC to 11/4/2025; Mark DeGennaro to 11/4/2025; Donahue, Votto & DeGennaro P.C. to 11/4/2025; Paul Dorsi to 11/4/2025; City of Milford to 11/4/2025; Milford Police Department to 11/4/2025; Ann Marie Provenzano to 11/4/2025; Marc Provenzano to 11/4/2025; Stephen Studer to 11/4/2025; Angela Tobin to 11/4/2025. (Peterson, M) |
| Filing 32 MOTION for Extension of Time until 11/4/2025 to respond to amended complaint by Ann Marie Provenzano. (Lenes, James) |
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Filing 31
ORDER granting ECF No. #30 , Motion for Extension of Time. All Defendants (including Ms. Provenzano) hereby are granted until November 4, 2025, to respond to the complaint. Separately, while no correction need be docketed, the court acknowledges that there appears to be a typographical error in the first sentence of the motion in that it names someone who is not a party to this action. It is so ordered. Signed by Judge Omar A. Williams on 10/20/25. (Wagner, R)
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| Filing 30 MOTION for Extension of Time until November 4, 2025 to file response to Amended Complaint #26 Amended Complaint by Robert Berchem, Berchem Moses PC, Stephen Studer. (Cappello, Jody) |
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Filing 29
ORDER finding as moot ECF No. #22 , Motion for Admission Pro Hac Vice. The motion having been corrected, see ECF No. #24 , and that amended motion having been granted, see ECF No. 25, this motion is denied as moot. It is so ordered. Signed by Judge Omar A. Williams on 10/3/25. (Wagner, R)
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| Filing 28 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *John August, Robert Berchem, Berchem Moses PC, Mark DeGennaro, Donahue, Votto & DeGennaro P.C., Paul Dorsi, City of Milford, Milford Police Department, Ann Marie Provenzano, Marc Provenzano, Stephen Studer, Angela Tobin* with answer to complaint due within *21* days. Attorney *Bruce Fein* *Law Offices of Bruce Fein* *300 New Jersey NW, Suite 300* *Washington, DC 20001*. (Kelsey, N) |
| Filing 27 NOTICE of Appearance by Bruce Fein on behalf of Karen Downs (Fein, Bruce) |
| Filing 26 AMENDED COMPLAINT against All Defendants, filed by Karen Downs.(Fein, Bruce) |
| Request for Clerk to issue summons as to All Defendants. (Fein, Bruce) |
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Filing 25
ORDER granting Corrected #24 Motion to Appear Pro Hac Vice for Attorney Bruce Elliott Fein. Signed by Clerk on 09/12/2025. (Kelsey, N)
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| Filing 24 Corrected #22 MOTION for Attorney(s) Bruce Elliott Fein to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-8316361) by Karen Downs. (Votre, Kenneth) Modified on 9/12/2025 to correct motion event (Kelsey, N). |
| Filing 23 NOTICE of Appearance by Kenneth A. Votre on behalf of Karen Downs (Votre, Kenneth) |
| Filing 22 MOTION for Attorney(s) Bruce Elliott Fein to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-8316361) by Karen Downs. (Attachments: #1 Exhibit Certificate of Good Standing)(Votre, Kenneth) |
| Set Deadlines/Hearings: Amended Pleadings due by 9/30/2025 (Peterson, M) |
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Filing 21
ORDER. The court thanks the removing defendants for their timely response to the court's order to show cause. See ECF No. 19 . Therein, they present persuasive argument that portions of the complaint are removeable, though the court still finds the apparent appeal of the probate court's rulings to be the principal object of this action. However, as Plaintiff has moved to amend the complaint, the court will defer assessment as to which claims must be remanded. See ECF No. #18 . Plaintiff may amend her complaint once as of right, since there has been no answer filed, and accordingly her motion for this relief is denied as moot, but the court clarifies that Plaintiff is permitted to amend her complaint. Any such amendment shall be filed on or before September 30, 2025. The court cautions Plaintiff that this federal court has no authority to alter any rulings from the probate court, so to the extent Plaintiff seeks such relief, she must file her appeal in state court, adhering to the time limits and other procedural and substantive requirements as set forth by that jurisdiction. Given that a new pleading apparently is forthcoming, Plaintiff's "Motion to Authenticate Forged Signature," ECF No. #4 , is denied as moot, but without prejudice to refiling. As to Plaintiff's request for reasonable accommodations, federal courts are not subject to the requirements of the Americans with Disabilities Act, see Zingher v. Yacavone, 30 F.Supp.2d 446, 452 (D.Vt.1997), but Plaintiff is welcome to seek whatever specific relief she requires as needed, and the court will endeavor to effect such relief, within reason. At present, there are no hearings scheduled, so there is no immediate need for a support person or real-time audio transcripts. The court has aimed to be generous with the deadline for an amended complaint, but if Plaintiff needs more time, she may move for an extension. It is so ordered. Signed by Judge Omar A. Williams on 8/18/25. (Wagner, R)
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| Filing 20 RESPONSE TO 19 Order on Motion to Participate in Electronic Filing,,,,,,,,,,,,,,, by Robert Berchem, Berchem Moses PC, Stephen W. Studer filed by Robert Berchem, Berchem Moses PC, Stephen W. Studer. (Cappello, Jody) |
| Set Deadlines/Hearings: Show Cause Response due by 8/14/2025 (Peterson, M) |
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Filing 19
ORDER to show cause. It is axiomatic that federal courts have limited jurisdiction and must dismiss actions where subject matter jurisdiction is absent. See Nike, Inc. v. Already, LLC, 663 F.3d 89, 94 (2d. Cir. 2011). The party seeking to bring a case in federal court has the burden of showing that there is federal subject matter jurisdiction. Cloister E., Inc. v. New York State Liquor Auth., 563 F. Supp. 3d 90, 102 (S.D.N.Y. 2021) (quoting Shenandoah v. Halbritter, 366 F.3d 89, 91 (2d Cir. 2004)). "In light of the congressional intent to restrict federal court jurisdiction, as well as the importance of preserving the independence of state governments, federal courts construe the removal statute narrowly, resolving any doubts against removability." Read v. Nationwide Mut. Ins. Co., No. CIVA 306CV-00514 JCH, 2006 WL 2621652, at *1 (D. Conn. Sept. 13, 2006) (quoting Lupo v. Human Affairs Intern., Inc., 28 F.3d 269, 274 (2d Cir.1994)). The court has serious concerns that Plaintiff's claims do not fall under federal jurisdiction.Although Plaintiff appears to assert civil rights claims in her complaint, she also clearly states that this action is an appeal from certain unfavorable decisions returned in a state probate matter, and she explicitly seeks a declaration invalidating those decisions. But this federal court does not have the authority to impose appellate review upon a state court, even if the complaint were construed to state independent civil claims. The Rooker-Feldman doctrine bars federal district courts from hearing appeals from state-court judgments. Schweitzer v. Crofton, 935 F. Supp. 2d 527, 540 (E.D.N.Y. 2013), aff'd, 560 F. App'x 6 (2d Cir. 2014) (citing Hoblock v. Albany Cnty. Bd. of Elections, 422 F.3d 77, 84 (2d Cir.2005)). And the United States Court of Appeals for the Second Circuit has limited the applicability of the doctrine to cases which satisfy four criteria: (1) the federal-court plaintiff must have lost in state court, (2) the plaintiff must complain of injuries caused by the state-court judgment, (3) the plaintiff must invite the district court to review and reject that state-court judgment, and (4) the state-court judgment must have been rendered before the district court proceedings commenced. Green v. Mattingly, 585 F.3d 97, 101 (2d Cir. 2009). Here, it appears that all four criteria are satisfied, suggesting that the case should not have been removed. Plaintiff sought certain relief in state court but was denied (specifically, the invalidation of a particular allegedly fraudulent document and all actions flowing therefrom); her injuries flow directly from that denial; Plaintiff states point-blank that she wishes to appeal that denial (and issues related thereto); and the probate decisions at issue were rendered prior to the initiation of this case. It appears that this action is most appropriately construed as an appeal, which properly was filed (and should have remained) in state court. Accordingly, the court instructs Defendants to show cause on or before August 14, 2025, why this action should not be remanded. The court defers ruling on all other motions until this jurisdictional question is settled, with the exception of Plaintiff's motion to participate in electronic filing, ECF No. #15 , which the court grants. Plaintiff shall be permitted to participate in electronic filing, and shall be expected to comply with the District of Connecticut's Electronic Filing Policies and Procedures, available online at https://www.ctd.uscourts.gov/sites/default/files/Electronic-Filing-Policies-and-Procedures-3-22-24.pdf. It is so ordered. Signed by Judge Omar A. Williams on 7/14/25. (Wagner, R)
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| Filing 18 MOTION for Leave to File an Amended Complaint by Karen Downs.Responses due by 8/1/2025 (Attachments: #1 Exhibit) (Kelsey, N) |
| Filing 17 MOTION for Reasonable ADA Accommodations by Karen Downs. (Kelsey, N) |
| Filing 16 NOTICE of Pro Se Appearance by Karen Downs (Kelsey, N) |
| Filing 15 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Karen Downs. (Kelsey, N) |
| Filing 14 Disclosure Statement by Karen Downs. (Kelsey, N) |
| Filing 13 Consent to Electronic Notice by Karen Downs (Kelsey, N) |
| Filing 12 NOTICE of Appearance by James A. Lenes on behalf of Ann Marie Provenzano (Lenes, James) |
| Filing 11 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 #7 Electronic Filing Order, #3 Notice (Other) filed by Berchem Moses PC, Robert Berchem, Stephen W. Studer, #6 Order on Pretrial Deadlines, #2 Notice (Other), filed by Berchem Moses PC, Robert Berchem, Stephen W. Studer, #8 Standing Protective Order, #10 Standing Order re: Letters, 5 Notice re: Disclosure Statement, #1 Notice of Removal, filed by Berchem Moses PC, Robert Berchem, Stephen W. Studer, #9 Notice of Option to Consent to Magistrate Judge Jurisdiction, #4 MOTION filed by Karen Downs Signed by Clerk on 06/30/2025. (Attachments: #1 Standing Order on Removed Cases) (Kelsey, N) |
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Filing 10
Standing Order re: Letters. Signed by Judge Omar A. Williams on 06/27/2025. (Kelsey, N)
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| Filing 9 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Kelsey, N) |
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Filing 8
Standing Protective Order Signed by Judge Omar A. Williams on 06/27/2025. (Kelsey, N)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 06/27/2025. (Kelsey, N)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 8/26/2025; Discovery due by 12/29/2025; Dispositive Motions due by 1/31/2026, Signed by Clerk on 06/27/2025. (Kelsey, N)
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| Filing 5 Notice: Pursuant to Federal Rule of Civil Procedure 7.1(b), a disclosure statement required under Rule 7.1(a) 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 6/27/2025.(Higgins, J.) |
| Filing 4 Corrected MOTION to Authenticate Forged Signature and to Reopen Proceedings by Karen Downs. (Higgins, J.) |
| CASE ASSIGNMENT: District Judge Omar A. Williams assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Robert M. Spector. (Freberg, B) |
| Filing 3 NOTICE by Robert Berchem, Berchem Moses P.C., Stephen W Studer Compliance with Standing Order on Removed Cases (Attachments: #1 Exhibit A)(Cappello, Jody) |
| Filing 2 NOTICE by Robert Berchem, Berchem Moses P.C., Stephen W Studer Statement of Pending Motions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Cappello, Jody) |
| Filing 1 NOTICE OF REMOVAL by Robert Berchem, Stephen W Studer, Berchem Moses P.C. from Connecticut Superior Court, case number AAN-CV25-5026554-S. Filing fee $ 405 receipt number ACTDC-8217521, filed by Robert Berchem, Stephen W Studer, Berchem Moses P.C.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cappello, Jody) |
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