MEMORANDUM OF DECISION ON REMEDIES AND CLASS CERTIFICATION Janet Bond Arterton, District Judge. The facts of this case have been discussed in numerous opinions and need not be repeated here in full detail. 1 Suffice it to say that Plaintiff Janice C. Amara and other similarly situated individuals brought suit against Defendants CIGNA Corporation and the CIGNA Pension Plan (collectively, "CIGNA") challenging the validity of the adoption of a new employee pension plan under the Employee...
ORDER CERTIFYING QUESTIONS TO THE CONNECTICUT SUPREME COURT VANESSA L. BRYANT, District Judge. This Court has the discretion to certify a question of law to the Connecticut Supreme Court "if the answer may be determinative of an issue in pending litigation in the certifying court and if there is no controlling appellate decision, constitutional provision or statute of this state" pursuant to Conn. Gen. Stat. 51-199b. Although courts "may ordinarily interpret ambiguous state statutes using...
MEMORANDUM OF DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [Dkt. #30], GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR JUDGMENT ON THE PLEADINGS [Dkt. # 33] VANESSA L. BRYANT, District Judge. I. Introduction The Plaintiff, Judy Prescott Barnett, claims that she was exposed to harmful radiation as a result of high levels of electromagnetic fields ("EMFs") emitted from power lines near her home. She now seeks damages from the United Illuminating...
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [Dkts. 83, 84]; GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND REQUEST FOR AN ACCOUNTING [Dkt. 79]; AND DENYING DEFENDANTS' MOTION TO AMEND [Dkt. 81] VANESSA L. BRYANT, District Judge. I. Introduction Plaintiff Martin Censor ("Censor"), an attorney specializing in human resources and employment law, brings this suit against ASC Technologies of CT,...
RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT HAIGHT, Senior District Judge: I. Introduction and Summary of Facts As the Court previously discussed in its Order Regarding Supplemental Briefing [Doc. 47], this action for a declaratory judgment arises out of a commercial liability and business owner's policy ("the Policy" or "the insurance policy") issued by Plaintiff Vermont Mutual Insurance Company ("Vermont Mutual") to Paul E. Ciccone, Karen Ciccone, and Elm Ridge Development, LLC (...
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS [Dkt. # 14] VANESSA L. BRYANT, District Judge. I. Introduction Plaintiff, Sally Wanamaker ("Wanamaker"), brings this action against the Westport Board of Education ("Board") and Superintendent Elliot Landon individually asserting several violations of federal and state employment laws relating to the circumstances of her return to her position as a computer teacher in the Westport public school...
RULINGS ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND CLAIMANTS' MOTION FOR AN EVIDENTIARY HEARING PURSUANT TO FRANKS V. DELAWARE CHARLES S. HAIGHT, JR., Senior District Judge. This is an action by Plaintiff United States of America pursuant to 21 U.S.C. 881(a)(7) to forfeit the Defendant Real Property on account of the Property's use in a violation of 21 U.S.C. 841(a)(1). The Claimants of the Property, its owners and residents, resist forfeiture and seek an evidentiary hearing under...
RULING RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. No. 116) AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. No. 117) JANET C. HALL, District Judge. I. INTRODUCTION This case involves a dispute over a parcel of land in eastern Connecticut. On March 23, 2010, the plaintiff and property owner, Kenneth Watrous, filed this suit in state court against defendants Town of Preston (sometimes, "Town") and Town of Preston Inland Wetlands and Watercourses Commission ("IWWC"), and Kent D. Borner,...
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [DKT. #354] AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S AMENDED MOTION FOR SUMMARY JUDGMENT [DKT. # 372] VANESSA L. BRYANT, District Judge. This action arises out of the Ponzi scheme perpetrated by Bernard L. Madoff. Two individuals and a pension and profit-sharing plan, along with the class they represent (collectively the "Plaintiffs"), have brought this action against: (1)...
MEMORANDUM OF DECISION GRANTING DEFENDANT'S [DKT. # 27] MOTION TO DISMISS VANESSA L. BRYANT, District Judge. The Defendant Citibank (South Dakota) N.A. ("Citibank") has moved to dismiss the Plaintiff Julie Parola's ("Parola") amended complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim for which relief can be granted. In the amended complaint, Parola asserts state law causes of action for breach of contract, fraud, violations of Connecticut's Creditor Collection Practices...
RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT HAIGHT, Senior District Judge: I. Introduction and Summary of Facts Plaintiff Domenic Vinci, a public employee, brings this action against Ronald Quagliani, Lisa Whitney Yarbor, Thomas Gallagher, Alexander Botte, 1 Grace Hendricks, and Richard K. Smith ("Defendants") in their individual capacities. Plaintiff alleges a First Amendment claim based upon actions and events which Plaintiff claims constituted employment retaliation for...
RULING AND ORDER ON MOTION IN LIMINE TO PRECLUDE USE OF THE FLUCTUATING WORK WEEK STEFAN R. UNDERHILL, District Judge. Plaintiffs, a group of workers, and defendant GPM Investments ("GPM") dispute how to calculate damages when an employer misclassifies workers as exempt from the protections of labor laws. GPM owns and operates a chain of convenience stores and gas stations along the East Coast. GPM hired plaintiffs to work as "store managers" and paid plaintiffs a fixed salary with no extra...
RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND OTHER PENDING MOTIONS HAIGHT, Senior District Judge: I. Introduction and Relevant Facts In this action, plaintiffs New England Health Care Employees Welfare Fund and New England Health Care Employees Pension Fund (the "Funds") seek to collect allegedly delinquent employee benefits from Defendants, who consist of one healthcare management company and eight operators of nursing facilities (collectively the "Employers"). The Funds bring only...
RULING ON MOTION TO COMPEL ARBITRATION STEFAN R. UNDERHILL, District Judge. This case involves a putative class action brought by a Comcast subscriber who is attempting to sue the defendants under the Connecticut Unfair Trade Practices Act ("CUTPA") and the Sherman Act. An arbitration agreement exists between the two parties, and at issue here is whether the class action waiver provision of that agreement is enforceable. At the time the parties wrote their briefs, there was some question...
MEMORANDUM OF DECISION ON DEFENDANT WHITNEY TRUCKING, INC.'S MOTION TO DISMISS COUNTS III, IV, AND V OF PLAINTIFF'S COMPLAINT WARREN W. EGINTON, Senior District Judge. Plaintiff Anthony J. Liquore, Jr., as administrator for the estate of Anthony A. Liquore, has filed a nine count complaint against defendants Whitney Trucking and Timothy A. Zabek. This action arises from a two-vehicle collision in which Anthony A. Liquore died. Defendant Whitney Trucking has moved to dismiss Counts Three,...
RULING ON PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND TO ADD PARTIES ALVIN W. THOMPSON, District Judge. The plaintiffs have moved for leave to file a third amended complaint. The proposed third amended complaint seeks to add five additional individuals as defendants: former Chief of Police Patrick Harnett, Senior Assistant State's Attorney David Zagaya, Assistant State's Attorney Richard Rubino, Detective Jerry Bilbo and Detective Michael Sheldon. On January 26, 2012, the...
RULING AND ORDER ROBERT N. CHATIGNY, District Judge. Plaintiff Ira Alston, an inmate in the custody of the Connecticut Department of Correction ("DOC") at Northern Correctional Institution ("Northern"), brings this suit pro se under 42 U.S.C. 1983 & 1988 alleging violations of his rights under the United States Constitution and state law. The case stems from a physical altercation between the plaintiff and two correctional officers at Northern. From February 15 to March 1, 2012, a jury...
RULING ON PENDING MOTIONS WILLIAM I. GARFINKEL, Magistrate Judge. Plaintiff, Steven Joseph Pelletier, has filed this appeal of the final decision of the Commissioner of Social Security denying his application for Social Security disability insurance benefits. Pending before the Court are Plaintiff's Motion for Judgment on the Pleadings [Doc. # 9] and Defendant's Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) With Reversal and Remand of the Cause to Defendant [Doc. # 11]...
RULING ON MOTION TO DISMISS JANET BOND ARTERTON, District Judge. On October 19, 2011, Plaintiff Jane Doe filed a Complaint [Doc. # 1] against Defendants John McGowan and Carla Tencza, claiming that Defendant McGowan committed sexual assault and battery against Ms. Doe, and that Defendant Tencza, a Sergeant with the New Milford Police Department, violated Ms. Doe's First, Fourth, Ninth, and Fourteenth Amendment rights to privacy by preparing an application for a warrant for Mr. McGowan's...
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO SUPPRESS WARREN W. EGINTON, Senior District Judge. Defendant, Albert Lopez, has moved to suppress a firearm found by a state trooper during a traffic stop. Specifically, defendant argues that the trooper lacked a sufficient basis to stop him, to remove him from his car, to detain him, and to pat him down. For the following reasons, defendant's motion will be denied. BACKGROUND The parties have submitted briefs and exhibits, including an...
