Smulley v. Milford Bank et al
| Dorothy A. Smulley |
| Felner LLC, Milford Bank, Mark J. Gruttadauria, Felner Corporation, Felner Holdings Inc, Felner Management Inc, Advance Maintenance Service, Matthew Felner, Timothy Sweeney, Ackerly Ward & McKirdy LLC, William Walter Ward, Oronoque Shores Condominium Association Inc, Christine Vincent and Federal Deposit Insurance Corporation |
| 3:2026cv00569 |
| April 13, 2026 |
| U.S. District Court for the District of Connecticut |
| Kari A Dooley |
| Banks and Banking |
| 15 U.S.C. § 1601 Truth in Lending |
| None |
Docket Report
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This docket was last retrieved on June 12, 2026. A more recent docket listing may be available from PACER.
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| Filing 40 MOTION for Extension of Time until July 1, 2026 to Respond to Plaintiff's Motion for Protective Order by Ackerly Ward & McKirdy LLC, William Walter Ward. (Keller, Michael) |
| Filing 39 MOTION for Extension of Time until July 2, 2026 to Plead by Ackerly Ward & McKirdy LLC, William Walter Ward. (Keller, Michael) |
| Filing 38 First MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Protective Order until July 1, 2026 by Matthew Felner, Felner LLC, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent. (Interlandi, Anthony) |
| Filing 37 Second MOTION for Extension of Time until July 3, 2026 to answer, or otherwise respond to the Amended Complaint. Update Answer Deadline, #25 Amended Complaint by Matthew Felner, Felner LLC, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent. (Interlandi, Anthony) |
| Filing 36 MOTION for Protective Order by Dorothy A. Smulley.Responses due by 6/17/2026 (Attachments: #1 Affidavit in support of motion, #2 Exhibit in support)(Smulley, Dorothy) |
Filing 35
ORDER finding as moot #30 Motion for Extension of Time; finding as moot #34 Motion for Extension of Time. In light of the filing of the Amended Complaint #25 , in which Plaintiff asserts a new civil RICO claim, the Order to Show Cause 16 which questioned whether this Court has subject matter jurisdiction, is resolved in favor of a finding that this Court has subject matter jurisdiction over Plaintiff's complaint. All Defendants shall file an answer or otherwise respond to the Amended Complaint by June 19, 2026. The Motions for Extension of Time #30 #34 are denied as moot. Signed by Judge Kari A. Dooley on 5/20/2026. (AL)
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| Answer deadline updated for All Defendants to 6/19/2026. (AL) |
| Filing 34 MOTION for Extension of Time until June 8, 2026 to Respond to Plaintiff's Complaint by Mark J. Gruttadauria, Milford Bank. (Averaimo, Vincent) |
| Filing 33 Disclosure Statement Corporate by Mark J. Gruttadauria, Milford Bank. (Averaimo, Vincent) |
| Filing 32 NOTICE of Appearance by Vincent J. Averaimo on behalf of Mark J. Gruttadauria, Milford Bank (Averaimo, Vincent) |
| Filing 31 RESPONSE TO 19 Order on Motion for Order,,,, 16 Order to Show Cause,,,,,,,,,,,,,,, by Dorothy A. Smulley filed by Dorothy A. Smulley. (Smulley, Dorothy) |
| Filing 30 MOTION for Extension of Time to respond to amended complaint 16 Order to Show Cause,,,,,,,,,,,,,,, by Matthew Felner, Felner LLC, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent. (Interlandi, Anthony) |
| Filing 29 Disclosure Statement by Felner LLC identifying Corporate Parent Felner Management Inc for Felner LLC. (Interlandi, Anthony) |
| Filing 28 Disclosure Statement by Oronoque Shores Condominium Association Inc. (Interlandi, Anthony) |
| Filing 27 NOTICE of Appearance by Anthony J Interlandi, Sr on behalf of Matthew Felner, Felner LLC, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent (Interlandi, Anthony) |
| Filing 26 NOTICE of Appearance by Mitchell L. Fishberg on behalf of Matthew Felner, Felner LLC, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent (Fishberg, Mitchell) |
| Filing 25 AMENDED COMPLAINT First against All Defendants, filed by Dorothy A. Smulley. (Attachments: #1 Statement of Material Facts RICO Case Statement, #2 Exhibit in support of First Amended Complaint)(Smulley, Dorothy) |
| Filing 24 NOTICE by Dorothy A. Smulley amend complaint as a matter of course Fed.R.Civ.P 15(a)(1) (Smulley, Dorothy) |
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Filing 23
ORDER granting #22 Motion for Extension of Time. Defendants William Walter Ward and Ackerly, Ward & McKirdy, LLC shall file an answer or otherwise respond to the Complaint by 30 days after the Court's decision on the pending Order to Show Cause, ECF No. 16. Signed by Judge Kari A. Dooley on 5/5/2026. (Lacina, A)
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| Filing 22 MOTION for Extension of Time to Respond to Complaint by Ackerly Ward & McKirdy LLC, William Walter Ward. (Keller, Michael) |
| Filing 21 Disclosure Statement Rule 7.1 by Ackerly Ward & McKirdy LLC, William Walter Ward. (Keller, Michael) |
| Filing 20 NOTICE of Appearance by Michael R. Keller on behalf of Ackerly Ward & McKirdy LLC, William Walter Ward (Keller, Michael) |
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Filing 19
ORDER denying #18 Motion for Oral Argument. Plaintiff seeks oral argument on the Court's Order to Show Cause, ECF No. 16, arguing that the Court has "overlooked" federal jurisdiction in the Complaint under Title 12 of the U.S. Code, the Truth in Lending Act (TILA), and the Home Owners and Equity Protection Act (HOEPA), which she claims are "identified and pled throughout plaintiff's complaint." ECF No. #18 , at 1. But Plaintiff's citation to Title 12, TILA, and HOEPA in her motion and the Complaint simply does not and cannot serve to invoke this Court's federal question jurisdiction. As pled, the only federal cause of action identified in the Complaint is the claim brought pursuant to 42 U.S.C. 1983. See Compl., ECF No. #1 , at pp. 32-34. Accordingly, the Court sees no reason to convene oral argument on the Order to Show Cause.The Court sua sponte extends Plaintiff's deadline to respond to the Order to Show Cause to May 6, 2026. Signed by Judge Kari A. Dooley on 4/22/2026. (Lacina, A)
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| Filing 18 MOTION for oral argument on Order to Show Cause ECF16 Order by Dorothy A. Smulley. (Smulley, Dorothy) |
| Filing 17 AFFIDAVIT of Service for summons and complaint served on all defendants on April 16 and 17, 2026, filed by Dorothy A. Smulley. (Smulley, Dorothy) |
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Filing 16
ORDER TO SHOW CAUSE. Plaintiff, a Connecticut citizen, proceeding pro se, filed this action against several individuals and private entities, all of which are citizens of Connecticut for purposes of diversity jurisdiction. She also names the Federal Deposit Insurance Corp. (FDIC) as a defendant in one count of the Complaint. She appears to assert a variety of causes of action against the Defendants, to include state law claims for negligence, "injunctive relief," fraudulent inducement, intentional misrepresentation, statutory theft, and violations of the Connecticut Unfair Trade Practices Act (CUTPA). She also asserts a claim under 42 U.S.C. 1983 against the FDIC, Milford Bank, and Mark J. Gruttadauria.Federal courts are courts of limited jurisdiction and may not hear cases if they lack subject matter jurisdiction over the issues presented. Lyndonville Sav. Bank & Tr. Co. v. Lussier, 211 F.3d 697, 700-01 (2d Cir. 2000). Federal courts have subject matter jurisdiction only over matters in which a federal question is raised or where there is diversity of citizenship. 28 U.S.C. 1331, 1332. Diversity jurisdiction exists only where there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. 28 U.S.C. 1332(a). There is clearly no diversity jurisdiction here because plaintiff is a resident of Connecticut and there are multiple defendants who are also Connecticut residents. See Compl. paras. 4-13. And the only federal claim which would implicate federal question jurisdiction is Count 10, which asserts a claim brought pursuant to 42 U.S.C. 1983. However, as Plaintiff is well aware, see Smulley v. Liberty Mutual Holdings Co. et al, Case No. 3:21-CV-1318 (OAW) (D. Conn.), ECF No. 65, claims brought alleging violations of an individual's constitutional rights under 42 U.S.C. 1983 may only be brought against state actors. See Flagg v. Yonkers Sav. & Loan Ass'n, 396 F.3d 178, 186 (2d Cir. 2005). Indeed, to succeed on a 1983 claim, a plaintiff must prove that a constitutional right was violated and that the violation was caused by a person acting under color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). Here, there is no question that the FDIC, Milford Bank, and Mark Gruttadauria are not state actors for purposes of these constitutional claims, nor are they alleged to be. Because Plaintiffs claims under 1983 are clearly subject to dismissal, the Courts lack of subject matter jurisdiction thereafter becomes manifest. "Mere invocation of federal jurisdiction, without any facts demonstrating a federal law claim, does not create federal subject matter jurisdiction." Dunbar v. Johnson, No. 25-CV-1957 (LLS), 2025 WL 1644542, at *2 (S.D.N.Y. June 9, 2025); see also Gallego v. Northland Grp. Inc., 814 F.3d 123, 126 (2d Cir. 2016) ("The Supreme Court has recognized... that federal claims that are 'not colorable, i.e... immaterial and made solely for the purpose of obtaining jurisdiction...' do not give rise to federal-question jurisdiction." (quoting Arbaugh v. Y&H Corp., 546 U.S. 500, 513 n.10 (2006))).Accordingly, on the face of the Complaint, Plaintiff has not met her burden of establishing that the Court has subject matter jurisdiction over this case. By April 29, 2026, Plaintiff is directed to show cause as to why the claim against the FDIC should not be dismissed with prejudice and why thereafter this case should not be dismissed without prejudice for lack of subject matter jurisdiction.Signed by Judge Kari A. Dooley on 4/15/2026. (Lacina, A)
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Filing 15
ORDER granting #3 Motion by Self-Represented Litigant to Participate in Electronic Filing. Self-Represented Filers are Required to Comply with the Standard Electronic Filing Order Docketed at Case Opening. Signed by Judge Kari A. Dooley on 4/14/2026. (Gould, K)
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| Filing 14 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Ackerly Ward & McKirdy LLC, Federal Deposit Insurance Corporation, Matthew Felner, Felner LLC, Mark J. Gruttadauria, Milford Bank, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent, William Walter Ward* with answer to complaint due within *21* days. *Dorothy A. Smulley* *408 Bar Harbour Road* *Stratford, CT 06614* (Limberti, L) |
| Filing 13 NOTICE REGARDING SERVICE: The self-represented plaintiff shall proceed with service upon the defendant(s) pursuant to Rule 4 of the Federal Rules of Civil Procedure and may refer to pages 8-11 of the Court's Guide for Self-Represented Parties found on our website here: https://www.ctd.uscourts.gov/rules-and-forms. If service is not effected by 7/13/2026, the case will be subject to dismissal. Dismissal due by 7/13/2026. Signed by Clerk on 4/14/2026.(Limberti, L) |
| 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 #7 Electronic Filing Order, #1 Complaint, filed by Dorothy A. Smulley, 11 Notice re: Non-Prisoner Pro Se Cases,,, #3 MOTION by Self-Represented Litigant to Participate in Electronic Filing filed by Dorothy A. Smulley, 10 Notice re: AI-Assisted Research,,,, 5 Notice re: Disclosure Statement, #8 Standing Protective Order, #4 Consent to Electronic Notice filed by Dorothy A. Smulley, #9 Notice of Option to Consent to Magistrate Judge Jurisdiction, #6 Order on Pretrial Deadlines, #2 Appearance Self Represented Party filed by Dorothy A. Smulley Signed by Clerk on 04/14/2026.(Limberti, L) |
| Filing 11 NOTICE. Pro Se parties may review the District Court's Guide for Self-Represented Litigants, available at https://www.ctd.uscourts.gov/forms/guide-self-represented-litigants, for information regarding Court procedures. Pro Se parties may also seek to consult with the Federal Pro Se Legal Assistance Program for legal advice about this matter. The Federal Pro Se Legal Assistance Program is available for limited scope legal counseling, explaining court orders and civil procedure, reviewing draft filings, and conducting legal research. Non-prisoner pro se parties may apply for assistance by calling 203-582-7030 and leaving a voicemail or sending an email to: [email protected]. More information regarding the Federal Pro Se Legal Assistance Program can be found at https://law.qu.edu/academics/clinics-and-externships/federal-pro-se-legal-assistance-program/(Limberti, L) |
| Filing 10 Notice to Counsel and Litigants Regarding AI-Assisted Research: Attorneys and pro se litigants alike should exercise great caution in submitting any AI-generated language in filings before the Court. Use of AI without verification of the accuracy of the information it generates like any other shoddy research method from other sources or tools implicates Federal Rule of Civil Procedure 11, the central purpose of which is to deter baseless filings in district court and thus to streamline the administration and procedure of the federal courts. Rule 11 applies fully to actions filed by pro se litigants.Therefore, all parties are on notice that the Court has a no-tolerance policy for any briefing (AI-assisted or not) that hallucinates legal propositions or otherwise severely misstates the law. Such filings will often result in sanctions absent reasonable excuse. See generally Willis v. U.S. Bank Nat'l Ass'n et al, No. 3:25-CV-516-BN, 2025 WL 1408897 (N.D. Tex. May 15, 2025). Signed by Clerk on 04/13/2026.(Limberti, L) |
| Filing 9 Notice of Option to Consent to Magistrate Judge Jurisdiction to conduct all proceedings in this civil action (including presiding over a jury or non-jury trial) and to order the entry of final judgment.(Limberti, L) |
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Filing 8
Standing Protective Order Signed by Judge Kari A. Dooley on 04/13/2026.(Limberti, L)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 04/13/2026.(Limberti, L)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 6/12/2026, Discovery due by 10/13/2026, Dispositive Motions due by 11/17/2026. Signed by Clerk on 04/13/2026. (Limberti, L)
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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 4/13/2026.(Limberti, L) |
| Filing 4 Consent to Electronic Notice by Dorothy A. Smulley (Limberti, L) |
| Filing 3 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Dorothy A. Smulley. (Limberti, L) |
| Filing 2 Appearance Self Represented Party by Dorothy A. Smulley (Limberti, L) |
| Filing 1 COMPLAINT against Ackerly Ward & McKirdy LLC, Federal Deposit Insurance Corporation, Matthew Felner, Felner LLC, Mark J. Gruttadauria, Milford Bank, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent, William Walter Ward, filed by Dorothy A. Smulley. (Attachments: #1 Civil Cover Sheet, #2 Exhibits)(Limberti, L) |
| Filing fee received from Dorothy Smulley: $ 405.00, receipt number Pay.gov 281C1OHR Signed by Clerk on 4/13/2026.(Limberti, L) |
| Request for Clerk to issue summons as to Ackerly Ward & McKirdy LLC, Federal Deposit Insurance Corporation, Matthew Felner, Felner LLC, Mark J. Gruttadauria, Milford Bank, Oronoque Shores Condominium Association Inc, Timothy Sweeney, Christine Vincent, William Walter Ward. (Limberti, L) |
| CASE ASSIGNMENT: District Judge Kari A. Dooley 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 A. Richardson. (Reis, J) |
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