Shaheed et al v. City of Wilmington et al
| Ameera Shaheed and Earl Dickerson |
| City of Wilmington, First State Towing, LLC and City Towing Services, LLC |
| 1:2021cv01333 |
| September 22, 2021 |
| U.S. District Court for the District of Delaware |
| Colm F Connolly |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 8/9/2022. (Court Reporter Bonnie Archer.) (nmf)
|
|
Filing 41
Letter to The Honorable Colm F. Connolly from John W. Shaw regarding subsequent authority in opposition to - re #15 MOTION to Dismiss for Failure to State a Claim . (Shaw, John)
|
|
Filing 40
RESPONSE to Order re Oral Order,,,,,,, Set Hearings,,,,,, . (Attachments: #1 Exhibit A)(Najemy, Laura)
|
|
ORAL ORDER: It is HEREBY ORDERED that the Court will hear oral argument on the pending motions to dismiss on August 9, 2022 at 10:00 a.m. in Courtroom 4B. It is FURTHER ORDERED that the City shall file with the Court no later than June 10, 2022 a searchable pdf of all sections of the City Code that are relevant to the pending motions. The Court notes that it has accessed the City's Code via the City's website and is unable to make sense of some sentences of relevant sections of the Code that are posted on the website. See, e.g., Section 37-121 (Whenever any vehicle of any kind or character shall be found on any street within the city, wrecked, abandoned, or parked in violation of any law of the state, the provisions of this chapter or other ordinance of the city or any regulations issued by the chief of police now or hereinafter enforced, or shall be seized for any violation thereof, such vehicle shall be immobilized or removed by the city's towing contractor, to an official pound; provided that unregistered vehicles or vehicles with no registration tags shall be issued a warning and shall be towed within 24 hours thereafter. https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH37MOVETR_ARTIIIVETOIMIM_S37-121GEAUINBUDWETGERIENENOF#:~:text=Whenever% 20any%20vehicle,24%20hours%20thereafter)Finally, it is FURTHER ORDERED that the City shall comply going forward with the Courts requirement that all electronic filings be searchable. The City's opening brief docketed as D.I. #16 , for example, is not searchable. Ordered by Judge Colm F. Connolly on 6/2/2022. (nmf)
|
|
ORAL ORDER re: #39 , The 2/17/2022 Scheduling Conference is canceled. It will be rescheduled following disposition of the motions to dismiss. Ordered by Judge Colm F. Connolly on 2/14/2022. (nmf)
|
|
Filing 39
Letter to The Honorable Colm F. Connolly from Rosamaria Tassone-DiNardo regarding Request for Conference on Motion for Protective Order. (Tassone-DiNardo, Rosamaria)
|
|
Filing 38
REPLY BRIEF re #23 MOTION to Dismiss for Failure to State a Claim First Crossclaim of City Towing Services filed by City of Wilmington. (Najemy, Laura)
|
|
Filing 37
REPLY BRIEF re #27 MOTION to Dismiss for Failure to State a Claim First Crossclaim of First State Towing filed by City of Wilmington. (Najemy, Laura)
|
|
Filing 36
Letter to The Honorable Colm F. Connolly from John W. Shaw regarding request for oral argument - re #15 MOTION to Dismiss for Failure to State a Claim . (Shaw, John)
|
|
Filing 35
ANSWERING BRIEF in Opposition re #27 MOTION to Dismiss for Failure to State a Claim First Crossclaim of First State Towing filed by First State Towing, LLC.Reply Brief due date per Local Rules is 1/24/2022. (Miller, Rick)
|
|
Filing 34
REPLY BRIEF re #15 MOTION to Dismiss for Failure to State a Claim filed by City of Wilmington. (Tassone-DiNardo, Rosamaria)
|
|
Filing 33
Joint STIPULATION TO EXTEND TIME The Deadline for Defendant City of Wilmington to Reply to Defendant City Towing Services Opposition to Defendant City of Wilmington's Motion to Dismiss Cross Claim to January 24, 2022 - filed by City of Wilmington. (Najemy, Laura)
|
|
SO ORDERED, re #33 Joint STIPULATION TO EXTEND TIME The Deadline for Defendant City of Wilmington to Reply to Defendant City Towing Services Opposition to Defendant City of Wilmington's Motion to Dismiss Cross Claim to January 24, 2022, filed by City of Wilmington. Re-Set Briefing Schedule: re #23 MOTION to Dismiss for Failure to State a Claim First Crossclaim of City Towing Services. Reply Brief due 1/24/2022. Ordered by Judge Colm F. Connolly on 1/6/2022. (kmd)
|
|
SO ORDERED, re #30 STIPULATION TO EXTEND TIME Respond to Motion to Dismiss to 1/17/2022, filed by First State Towing, LLC. Ordered by Judge Colm F. Connolly on 1/4/2022. (kmd)
|
|
Filing 32
ANSWERING BRIEF in Opposition re #23 MOTION to Dismiss for Failure to State a Claim First Crossclaim of City Towing Services filed by City Towing Services, LLC.Reply Brief due date per Local Rules is 1/6/2022. (Ahern, Andrew)
|
|
Filing 31
JOINDER by First State Towing, LLC, joining in #16 Opening Brief in Support, #17 Declaration, #15 Motion to Dismiss for Failure to State a Claim . (Miller, Rick)
|
|
Filing 30
STIPULATION TO EXTEND TIME Respond to Motion to Dismiss to 1/17/2022 - filed by First State Towing, LLC. (Miller, Rick)
|
|
Filing 29
ANSWERING BRIEF in Opposition re #15 MOTION to Dismiss for Failure to State a Claim [Plaintiffs' Answering Brief in Opposition to Defendant City of Wilmington's Motion to Dismiss] filed by Earl Dickerson, Ameera Shaheed.Reply Brief due date per Local Rules is 1/5/2022. (Shaw, John)
|
|
Filing 28
OPENING BRIEF in Support re #27 MOTION to Dismiss for Failure to State a Claim First Crossclaim of First State Towing filed by City of Wilmington.Answering Brief/Response due date per Local Rules is 1/3/2022. (Attachments: #1 Exhibit A)(Najemy, Laura)
|
|
Filing 27
MOTION to Dismiss for Failure to State a Claim First Crossclaim of First State Towing - filed by City of Wilmington. (Attachments: #1 Text of Proposed Order)(Najemy, Laura)
|
|
Filing 26
ANSWER to #19 Answer to Complaint, Crossclaim by City of Wilmington.(Najemy, Laura)
|
|
Filing 25
ANSWER to Complaint with Cross-claim filed by Defendant City Towing Services, LLC's by City of Wilmington.(Najemy, Laura)
|
|
Filing 24
OPENING BRIEF in Support re #23 MOTION to Dismiss for Failure to State a Claim First Crossclaim of City Towing Services filed by City of Wilmington.Answering Brief/Response due date per Local Rules is 1/3/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Najemy, Laura)
|
|
Filing 23
MOTION to Dismiss for Failure to State a Claim First Crossclaim of City Towing Services - filed by City of Wilmington. (Attachments: #1 Text of Proposed Order)(Najemy, Laura)
|
|
CORRECTING ENTRY: The answer to crossclaim previously found at D.I. 22 has been deleted per request of filer. (nmf)
|
|
Filing 21
Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 2/17/2022 at 10:30 AM before Judge Colm F. Connolly. If the parties have no disputes about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 12/8/2021. (nmf)
|
|
Filing 20
NOTICE of Appearance by Laura Najemy on behalf of City of Wilmington (Najemy, Laura)
|
|
Filing 19
ANSWER to #1 Complaint, , CROSSCLAIM against City of Wilmington by First State Towing, LLC.(Ferry, David)
|
|
Filing 18
ANSWER to #1 Complaint, , CROSSCLAIM against City of Wilmington by City Towing Services, LLC.(Ahern, Andrew)
|
|
Filing 17
DECLARATION re #16 Opening Brief in Support, #15 MOTION to Dismiss for Failure to State a Claim by City of Wilmington. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-I, #4 Exhibit J-Q)(Tassone-DiNardo, Rosamaria)
|
|
Filing 16
OPENING BRIEF in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by City of Wilmington.Answering Brief/Response due date per Local Rules is 12/13/2021. (Tassone-DiNardo, Rosamaria)
|
|
Filing 15
MOTION to Dismiss for Failure to State a Claim - filed by City of Wilmington. (Attachments: #1 Text of Proposed Order)(Tassone-DiNardo, Rosamaria)
|
|
SO ORDERED, re #13 Stipulation of Substitution of Counsel, filed by First State Towing, LLC. Ordered by Judge Colm F. Connolly on 11/15/2021. (kmd)
|
|
CORRECTING ENTRY: Text of D.I. #13 has been corrected to state it is a Stipulation not a Motion (kmd)
|
|
Filing 14
Consent STIPULATION TO EXTEND TIME Respond to Complaint to November 29, 2021 - filed by First State Towing, LLC. (Ferry, David)
|
|
SO ORDERED, re #14 Consent STIPULATION TO EXTEND TIME Respond to Complaint to November 29, 2021, filed by First State Towing, LLC. Reset Answer Deadlines: City Towing Services, LLC answer due 11/29/2021; City of Wilmington answer due 11/29/2021; First State Towing, LLC answer due 11/29/2021. Ordered by Judge Colm F. Connolly on 11/12/2021. (kmd)
|
|
Filing 13
Stipulation of Substitution of Counsel: David J. Ferry, Jr. to be substituted for Neil R. Lapinski - filed by First State Towing, LLC. (Ferry, David) Modified on 11/15/2021 (kmd).
|
|
Filing 12
STIPULATION TO EXTEND TIME Answer or Otherwise Respond to Complaint to November 12, 2021 - filed by City Towing Services, LLC, First State Towing, LLC. (Lapinski, Neil)
|
|
SO ORDERED, re #12 STIPULATION TO EXTEND TIME Answer or Otherwise Respond to Complaint to November 12, 2021 filed by City Towing Services, LLC, First State Towing, LLC, Set/Reset Answer Deadlines: First State Towing, LLC answer due 11/12/2021. Signed by Judge Colm F. Connolly on 10/5/2021. (nmf)
|
|
Filing 11
MOTION for Extension of Time to FOR DEFENDANT CITY TOWING SERVICES, LLC TO ANSWER OR OTHERWISE PLEAD - filed by City Towing Services, LLC. (Ahern, Andrew)
|
|
SO ORDERED, re #11 MOTION for Extension of Time to FOR DEFENDANT CITY TOWING SERVICES, LLC TO ANSWER OR OTHERWISE PLEAD filed by City Towing Services, LLC. Set/Reset Answer Deadlines: City Towing Services, LLC answer due 11/12/2021. Signed by Judge Colm F. Connolly on 10/4/2021. (kmd)
|
|
Pro Hac Vice Attorneys Robert E. Johnson and William Aronin for Earl Dickerson and Ameera Shaheed 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. (srs)
|
|
Filing 10
NOTICE of Appearance by Andrew G. Ahern, III on behalf of City Towing Services, LLC (Ahern, Andrew)
|
|
Filing 9
MOTION for Pro Hac Vice Appearance of Attorney William Aronin and Robert E. Johnson - filed by Earl Dickerson, Ameera Shaheed. (Shaw, John)
|
|
SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney William Aronin and Robert E. Johnson filed by Ameera Shaheed, Earl Dickerson. Signed by Judge Colm F. Connolly on 9/30/2021. (kmd)
|
|
SO ORDERED, re #8 STIPULATION TO EXTEND TIME to Respond to the Complaint to November 12, 2021 filed by City of Wilmington, Set/Reset Answer Deadlines: City of Wilmington answer due 11/12/2021. Signed by Judge Colm F. Connolly on 9/30/2021. (nmf)
|
|
Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
|
|
Filing 8
STIPULATION TO EXTEND TIME to Respond to the Complaint to November 12, 2021 - filed by City of Wilmington. (Tassone-DiNardo, Rosamaria)
|
|
Filing 7
NOTICE of Appearance by Rosamaria Tassone-DiNardo on behalf of City of Wilmington (Tassone-DiNardo, Rosamaria)
|
|
Filing 6
SUMMONS Returned Executed by Ameera Shaheed, Earl Dickerson. First State Towing, LLC served on 9/22/2021, answer due 10/13/2021. (Shaw, John)
|
|
Filing 5
SUMMONS Returned Executed by Ameera Shaheed, Earl Dickerson. City Towing Services, LLC served on 9/22/2021, answer due 10/13/2021. (Shaw, John)
|
|
Filing 4
SUMMONS Returned Executed by Ameera Shaheed, Earl Dickerson. City of Wilmington served on 9/22/2021, answer due 10/13/2021. (Shaw, John)
|
|
Filing 3
Summons Issued with Magistrate Consent Notice attached as to City Towing Services, LLC on 9/22/2021; City of Wilmington on 9/22/2021; First State Towing, LLC on 9/22/2021. (Attachments: #1 Summons Issued, #2 Summons Issued)(myr)
|
|
Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
|
|
Filing 1
COMPLAINT filed against City Towing Services, LLC, City of Wilmington, First State Towing, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3704317.) - filed by Ameera Shaheed, Earl Dickerson. (Attachments: #1 Civil Cover Sheet)(myr)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
