MEMORANDUM OF DECISION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [Dkt. # 63] AND DENYING PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT [Dkt. #57] VANESSA L. BRYANT, District Judge. I. Introduction The Plaintiff, Liberty Mutual Insurance Company ("Liberty"), brings this action against Defendant, Harco National Insurance Company ("Harco"), for reimbursement of settlement costs and fees in an underlying wrongful death action defended by Liberty. The Plaintiff has moved for summary...
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DKT. # 199] VANESSA L. BRYANT, District Judge. I. Introduction The Plaintiff, Christian Miron ("Miron"), brings this action for alleged federal and state violations of his rights stemming from the public release of a background investigation report prepared for the purposes of assessing Miron's suitability to become a police officer with the Stratford Police Department ("SPD"). At this...
MEMORANDUM OF DECISION STEFAN R. UNDERHILL, District Judge. Appellant Vanguard Products Corporation ("Vanguard") appeals from the order of the United States Bankruptcy Court for the District of Connecticut, dated March 30, 2012, granting Joseph Tesoriere's ("Tesoriere") letter motion to dismiss an adversary proceeding against him and dismissing sua sponte Vanguard's adversary proceeding against the other defendants. (Bankr.No. 11-05133(AHS), doc. #116). For the reasons that follow, the...
RULING DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION JANET BOND ARTERTON, District Judge. On June 3, 2013, Connecticut Daniel Governor Malloy signed House Bill 5072, "An Act Concerning Automotive Glass Work," into law as Public Act 13-67 ("PA 13-67") to take effect on January 1, 2014. The law is targeted at insurance companies doing business in Connecticut and third-party claims administrators or adjusters that also own automotive glass-repair shops, and mandates that if such...
RULING ON PETITION FOR HABEAS CORPUS HAIGHT, Senior District Judge: In this habeas corpus action pursuant to 28 U.S.C. 2254, Petitioner contends that he is being held in the custody of Respondent Connecticut Commissioner of Corrections in violation of the United States Constitution. Following an evidentiary hearing conducted by this Court, and written and oral submissions by counsel for the parties, the Court enters this Ruling. 1 I. PRELIMINARY STATEMENT In the early morning hours of...
RULING GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS JANET BOND ARTERTON, District Judge. Plaintiff Jacqueline Abelli filed suit against her former employer, the Ansonia Board of Education under 42 U.S.C. 1983, alleging that she was deprived of a liberty interest without due process of law in the form of a "stigma-plus" claim stemming from her termination as a non-tenured teacher at Ansonia High School. Defendant now moves [Doc. # 42] for judgment on the pleadings on the grounds...
RULING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION JANET BOND ARTERTON, District Judge. On October 11, 2013, Plaintiff Lawrence & Memorial Hospital filed a Complaint [Doc. # 1] for declaratory and injunctive relief against Defendants Kathleen Sebelius, Secretary of the Department of Health and Human Services ("HHS"), Marilyn Tavenner, Administrator of the Centers for Medicare and Medicaid Services ("CMS"), and Robert G. Eaton, Chairman of the Medicare Geographic Classification Review...
RULING RE: DEFENDANTS' MOTION TO DISMISS (Doc. No. 16) JANET C. HALL, District Judge. I. INTRODUCTION Plaintiff National Shooting Sports Foundation ("NSSF") brings this action against several Connecticut state officials in their official capacities (collectively, the "defendants"): Governor Dannel Malloy; Speaker of the House of Representatives J. Brendan Sharkey; President Pro Tempore of the Senate Donald Williams, Jr.; Attorney General George Jepsen; Chief State's Attorney Kevin Kane; and...
RULING RE: DEFENDANTS' MOTION TO DISMISS (Doc. No. 32) JANET C. HALL, District Judge. I. INTRODUCTION Plaintiff Alliance of Automobile Manufacturers, Inc. ("Alliance") brings this declaratory judgment action against defendant Melody Currey, Commissioner of the Connecticut Department of Motor Vehicles (the "Commissioner"), seeking to invalidate provisions of the Connecticut Franchise Act ("CFA"), as amended in 2009. The Commissioner moves to dismiss Alliance's Complaint for lack of subject...
RULING RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. No. 59) JANET C. HALL, District Judge. I. INTRODUCTION Plaintiff Patricia Hopkins ("Hopkins") originally brought this claim against New England Health Care Employees Welfare Fund and New England Health Care Employees Pension Fund (collectively, the "Funds"). The Complaint (Doc. No. 1) alleges two counts. Count 1 alleges violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., as amended by the Civil Rights...
RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT STEFAN R. UNDERHILL, District Judge. Plaintiff Almighty Supreme Born Allah ("Allah") was incarcerated at Garner Correctional Institution ("Garner") when he commenced this civil rights action pro se pursuant to 28 U.S.C. 1915. Allah's complaint names Director of Offender Classification and Population Management Lynn Milling, Counselor Supervisor Griggs, Warden Quiros, Captain Cahill, Deputy Wardens Powers and Faucher, District...
RULING ON JOINT MOTION FOR PROTECTIVE ORDER CHARLES S. HAIGHT, Jr., Senior District Judge. I. INTRODUCTION Plaintiff brings this action seeking relief and damages for the alleged unlawful termination of her employment as a clinical social worker by the State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care ("UCHC"). 1 Specifically, plaintiff alleges that she has had a seizure disorder since 1999, "suffered a partial seizure during the course of...
RULING ON DEFENDANT'S MOTION TO DISMISS ON FORUM NON CONVENIENS GROUNDS STEFAN R. UNDERHILL, District Judge. This case arises from an unfortunate international incident, which has no real connection to this country or this court. In May 2010, Somali pirates hijacked a tanker in the Gulf of Aden, somewhere off the coast of Yemen. The tanker, the MT Marida Marguerite Schiffahrts ("Marida Marguerite"), was a German owned and operated, Marshall Islands-flagged vessel with a crew that included...
MEMORANDUM OF DECISION DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, AND DENYING DEFENDANT'S MOTION TO STRIKE [Dkts. 44, 47 & 61] VANESSA L. BRYANT, District Judge. INTRODUCTION Before the Court are cross motions for summary judgment: a motion for partial summary judgment filed by the Plaintiff, Ralph C. Neclerio, Jr. ("Neclerio, Jr."), seeking judgment on claims brought under 15 U.S.C. 1681g and 15 U.S.C....
RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. Plaintiff Office Furniture Rental Alliance, LLC ("OFRA") brought this suit against Defendant Liberty Mutual Insurance Company ("Liberty Mutual") stating claims for breach of contract (Count One), negligent misrepresentation (Count Two), and reformation (Count Three), arising out the failure of Defendant's property insurance policy to provide blanket coverage as Plaintiff had requested. ( See Am. Compl. [...
RULING ON DEFENDANTS' MOTIONS TO DISMISS SECOND AMENDED COMPLAINT HAIGHT, Senior District Judge: This case is a Tale of Two Houses in the Town of Darien, Connecticut. The houses stand on neighboring lots on Long Neck Point Road in Darien, overlooking the waters of Long Island Sound. The owners of one house are aggrieved by renovations and enlargements made to the other house by its owners. That construction was approved by zoning officials of the Town. Plaintiffs, the aggrieved house owners,...
RULING ON PLAINTIFFS' MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD, DEFENDANT HARTFORD BOARD OF EDUCATION'S MOTION TO DISMISS PLAINTIFFS' AMENDED COUNTERCLAIMS, AND DEFENDANT HARTFORD BOARD OF EDUCATION'S MOTION TO RE-OPEN DISCOVERY CHARLES S. HAIGHT, JR., Senior District Judge. I. INTRODUCTION Plaintiff A. ("Student") is a special education student who lives with his Plaintiff Parent ("Parent"), Mr. A., in New Britain, Connecticut. (Collectively, "Plaintiffs.") At all times relevant...
RULING ON DEFENDANT'S PRO SE MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. 3582(c)(2) HAIGHT, Senior District Judge: I. INTRODUCTION Defendant Amador Rivera, a federal prisoner, brings the pending pro se motion seeking reduction of his sentence, pursuant to 18 U.S.C. 3582(c)(2), which authorizes the court to reduce a sentence that is "based on a sentencing range that has been subsequently lowered by the Sentencing Commission." Specifically, Rivera bases this motion on...
MEMORANDUM OF DECISION STEFAN R. UNDERHILL, District Judge. Michael Barletta, a convicted felon, brings this action under 42 U.S.C. 1983 against the City of Norwalk and Harry W. Rilling, Chief of Police for the City of Norwalk, seeking compensatory and punitive damages, and injunctive and other appropriate relief for alleged violations of the Fourteenth Amendment. Barletta claims that the defendants unlawfully deprived him of a license to trade in precious metals. He challenges the...
MEMORANDUM OF DECISION JOAN G. MARGOLIS, United States Magistrate Judge. Plaintiff, Vincent Valanzuolo, commenced this action in the Connecticut Superior Court in New Haven on July 25, 2011 against the City of New Haven, which complaint was superseded by an amended complaint filed on August 10, 2011, and then removed to this Court by defendant on August 22, 2011. (Dkt. #1). Plaintiff, a person with a disability of total hearing loss, alleges in his Amended Complaint violations of the...
