Deluna v. Delaware Harness Racing Commission et al
| Perry Deluna |
| Beverly Steele, Brian Manges and Delaware Harness Racing Commission |
| 1:2019cv01788 |
| September 24, 2019 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 REPLY BRIEF re #19 MOTION to Dismiss for Failure to State a Claim filed by Delaware Harness Racing Commission, Brian Manges, Beverly Steele. (Davis, Patricia) Modified on 11/14/2019 (dlw). |
Filing 22
ORAL ORDER - WHEREAS, Defendants' Reply Brief in support of their #19 Motion to Dismiss was due on 11/8/2019 and Defendants having filed none, IT IS HEREBY ORDERED that on or before 11/14/2019, Defendants shall file their Reply Brief. ORDERED by Judge Maryellen Noreika on 11/13/2019. (dlw)
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| Filing 21 ANSWERING BRIEF in Opposition re #19 MOTION to Dismiss for Failure to State a Claim filed by Perry Deluna.Reply Brief due date per Local Rules is 11/8/2019. (Ahern, Andrew) |
| CORRECTING ENTRY: D.I. 20 has been replaced on the docket with a version of the brief that contains both a table of contents and a table of authorities. (dlw) |
| Filing 20 MEMORANDUM in Support re #19 First MOTION to Dismiss for Failure to State a Claim filed by Delaware Harness Racing Commission, Brian Manges, Beverly Steele. Answering Brief/Response due date per Local Rules is 11/1/2019. (Davis, Patricia) Modified on 10/18/2019 (dlw). (Main Document 20 replaced on 10/21/2019) (dlw). |
| Filing 19 MOTION to Dismiss for Failure to State a Claim - filed by Delaware Harness Racing Commission, Brian Manges, Beverly Steele. (Davis, Patricia) Modified on 10/18/2019 (dlw). |
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Filing 18
MEMORANDUM ORDER DENYING #4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Signed by Judge Maryellen Noreika on 10/9/2019. (dlw)
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| Filing 17 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Perry Deluna. (Ahern, Andrew) |
| Filing 16 NOTICE of Appearance by Patricia A. Davis on behalf of Delaware Harness Racing Commission, Brian Manges, Beverly Steele (Davis, Patricia) |
| Filing 15 MEMORANDUM in Opposition re #14 Response to Motion, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Delaware Harness Racing Commission, Brian Manges, Beverly Steele.Reply Brief due date per Local Rules is 10/11/2019. (Attachments: #1 Exhibit)(Davis, Patricia) |
| Filing 14 RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Motion in Opposition filed by Delaware Harness Racing Commission, Brian Manges, Beverly Steele. (Davis, Patricia) |
| Filing 13 PROOF OF SERVICE (of TRO and PI papers) by Perry Deluna on Beverly Steele. Served on 9/27/2019. (mdb.dlw) |
| Filing 12 PROOF OF SERVICE (of TRO and PI papers) by Perry Deluna on Brian Manges. Served on 9/27/2019 (Ahern, Andrew) Modified on 10/3/2019 (mdb/dlw). |
| Filing 11 PROOF OF SERVICE (of TRO and PI papers) by Perry Deluna on Delaware Harness Racing Commission. Served on 9/27/2019. (Ahern, Andrew) Modified on 10/3/2019 (mdb/dlw). |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 10/3/2019. Some additional arguments made regarding the Motion for Temporary Restraining Order and Preliminary Injunction ( #4 ). The response is due by 10/4/2019, and the reply is due by 10/7/2019. (Court Reporter Dale Hawkins.) (mdb) |
| Pro Hac Vice Attorney Alan Pincus for Perry Deluna added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
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Filing 10
ORAL ORDER - The Court's September 27, 2019 Order [D.I. 6 ] required Plaintiff to: 1) serve each Defendant with copies of his Motion for Temporary Restraining Order and Preliminary Injunction, his Opening Brief in Support thereof and the September 27, 2019 Order itself and 2) file proof of service that those documents had been served on each defendant. Plaintiff has failed to comply with the Court's September 27, 2019 Order and also has failed to satisfy the requirements of Rule 65(b)(1) to obtain a temporary restraining order without notice to defendants or their attorneys. IT IS HEREBY ORDERED that, by 10 am on October 3, 2019, Plaintiff shall file proof that it served the documents referenced in the September 27, 2019 Order on each defendant prior to October 1, 2019. Absent such proof of service or certification regarding efforts to give notice and the reasons notice should not be required, the October 3, 2019 call with the Court will be cancelled. ORDERED by Judge Maryellen Noreika on 10/2/2019. (mdb)
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| Filing 9 SUMMONS Returned Executed by Perry Deluna. Delaware Harness Racing Commission served on 9/27/2019, answer due 10/18/2019. (Ahern, Andrew) |
| Filing 8 SUMMONS Returned Executed by Perry Deluna. Brian Manges served on 9/27/2019, answer due 10/18/2019. (Ahern, Andrew) |
| Filing 7 Return of Service Executed by Perry Deluna. Beverly Steele served on 9/27/2019, answer due 10/18/2019. (Ahern, Andrew) |
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Filing 6
ORAL ORDER - IT IS HEREBY ORDERED that on or before 10/1/2019, Plaintiff shall serve each Defendant with copies of his #4 Motion for Temporary Restraining Order and Preliminary Injunction, #5 Opening Brief in Support thereof, and 6 this Oral Order and file proof of service evidencing same. IT IS FURTHER ORDERED that a teleconference is set for 12:30 PM on 10/3/2019 before Judge Maryellen Noreika. Any party wishing to join to call shall do so by individually dialing into 302-573-4546 not earlier than 12:25 PM. ORDERED by Judge Maryellen Noreika on 9/27/2019. (dlw)
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| Filing 5 OPENING BRIEF in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Perry Deluna. Answering Brief/Response due date per Local Rules is 10/10/2019. (dlw) |
| Filing 4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction - filed by Perry Deluna. (Attachments: #1 Text of Proposed Order)(dlw) |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Alan Pincus - filed by Perry Deluna. (Ahern, Andrew) |
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SO ORDERED re #3 MOTION for Pro Hac Vice Appearance of Attorney Alan Pincus filed by Perry Deluna. ORDERED by Judge Maryellen Noreika on 9/26/2019. (dlw)
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| CORRECTING ENTRY: D.I. 4 has been deleted from the docket and re-docketed in the proper manner - Motion with proposed order; Opening Brief. (dlw) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 COMPLAINT - filed against Delaware Harness Racing Commission, Brian Manges, and Beverly Steele - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2738198.) - filed by Perry Deluna. (Attachments: #1 Civil Cover Sheet)(mal) |
| Summons Issued with Magistrate Consent Notice attached as to Delaware Harness Racing Commission, Brian Manges and Beverly Steele on 9/24/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (mal) |
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