RULING AND ORDER ON MOTION TO DISMISS VICTOR A. BOLDEN , UNITED STATES DISTRICT JUDGE . Brenda Lynn Geiger, Carissa Rosario, Tara Leigh Patrick a/k/a Carmen Electra, Jessica Hinton a/k/a Jessa Hinton, Cora Skinner, Dessie Mitcheson, Hillary Fisher Vinson a/k/a Hillary Hepner, Jamie Eason Middleton, Ina Schnitzer a/k/a Jordan Carver, Lucy Pinder, Megan Daniels a/k/a Megan Vogt, and Vida Guerra (collectively "Plaintiffs") have sued C&G of Groton, Inc. ("Mynx Groton"), Service Road...
RULING AND ORDER ON MOTION TO REMAND AND RECOMMENDED RULING VICTOR A. BOLDEN , District Judge . Walter Reddy, III ("Defendant"), proceeding pro se, filed a Notice of Removal on March 27, 2019, of two Summary Process actions commenced by Deutsche Bank National Trust Company ("Deutsche Bank") in the Connecticut Superior Court Housing Session of Norwalk. Both actions were removed to this Court on the same day and relate to the same property, which comprises a "Main House" and an "In-Law...
ORDER ON MOTION TO STRIKE [DKT. 23]. VANESSA L. BRYANT , District Judge . I. Introduction and Procedural History This action arises out of an insurance coverage dispute. Plaintiffs/Counter-Defendants Murray Haber, Susan, Haber, and the Murray Haber Revocable Trust (collectively, the "Habers") allege that Defendant/Counter-Plaintiff Bankers Standard Insurance Company ("Bankers") wrongfully withheld additional insurance benefits and proceeds of up to $2,000,000 due to the Habers under...
RULING AND ORDER ON MOTION TO REMAND AND RECOMMENDED RULING VICTOR A. BOLDEN , District Judge . Walter Reddy, III ("Defendant"), proceeding pro se, filed a Notice of Removal on March 27, 2019, of two Summary Process actions commenced by Deutsche Bank National Trust Company ("Deutsche Bank") in the Connecticut Superior Court Housing Session of Norwalk. Both actions were removed to this Court on the same day and relate to the same property, which comprises a "Main House" and an "In-Law...
RULING ON OBJECTIONS TO JUDGE SPECTOR'S RULINGS JANET BOND ARTERTON , District Judge . Petitioner Luis Javier Martinez Sampedro objects ([Doc. # 142]) to Magistrate Judge Robert M. Spector's ruling ([Doc. # 133]) on Petitioner's Emergency Motion to Compel Withheld Documents ([Doc. # 99]). Respondents Silver Point Capital, L.P., Contrarian Capital Management, LLC, David Reganato, and Normal Raul Sorensen Valdez (together, "Respondents") object ([Doc. # 223]) to Judge Spector's ruling (Doc. #...
RULING AND ORDER ON MOTION FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , District Judge . Anne Marie Barone ("Plaintiff") has sued the Judicial Branch for the State of Connecticut ("Judicial Branch") and two Judicial Branch supervisors, Gloria Albert and Linda Coon (collectively "Defendants"), alleging discrimination in violation of the Rehabilitation Act, and the First Amendment of the U.S. Constitution. Defendants have moved for summary judgment. For the following reasons, Defendants' motion...
CONSENT ORDER FOR PAYMENT OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT MICHAEL P. SHEA , District Judge . This matter having been opened to the Court by Ivan Katz, Esq for an Order awarding attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412, and it appearing that John Durham, United States Attorney, and Vernon Norwood, Special Assistant United States Attorney, attorneys for Defendant, having consented to the entry of an Order awarding an amount of...
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2254 JEFFREY ALKER MEYER , District Judge . Petitioner Steven K. Stanley has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. He challenges his state court criminal convictions on the grounds that evidence was introduced against him in violation of the Fourth Amendment, that the evidence was not sufficient to convict him, and that his rights were violated during the course of state...
MEMORANDUM OF DECISION RE: DEFENDANTS' MOTIONS TO DISMISS (ECF NOS. 14, 21) KARI A. DOOLEY , District Judge . Plaintiff Joshua Febres (the "Plaintiff," or "Febres"), proceeding pro se, filed this action in Connecticut Superior Court on July 16, 2019 against Yale New Haven Hospital and Drs. Leila Haghighat and Raquel Ferrer Harrison (collectively, the "Yale Defendants") and Corrections Officer Ware 1 ("Officer Ware," or "Defendant Ware" and, together, with the Yale Defendants, the "...
RULING ON PLAINTIFF'S SECOND MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT [DOC. 51] CHARLES S. HAIGHT, JR. , Senior District Judge . I. INTRODUCTION Pro se plaintiff, David A. Abrams, an inmate currently incarcerated at MacDougall-Walker Correctional Institution in Suffield, Connecticut, has brought this civil rights action pursuant to 42 U.S.C. 1983 against various prison officials employed at Cheshire Correctional Institution ("Cheshire C.I."), where he was previously housed....
RULING AND ORDER ON MOTION FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , District Judge . Eric Westry ("Plaintiff") has sued Victor Leon ("Defendant"), an officer in the Waterbury Police Department, in his individual capacity under 42 U.S.C. 1983 for excessive force in violation of the Fourth Amendment. Compl., ECF No. 1 4, 8 (May 23, 2017). Officer Leon has moved for summary judgment, and Mr. Westry has objected. For the reasons discussed below, Defendant's motion for summary judgment is...
RULING AND ORDER ON MOTION FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , District Judge . NCA Investors Liquidated Trust ("NCA Investors Trust" or "Plaintiff") has sued John J. DiMenna, Jr., Thomas L. Kelly, Jr., and William A. Merritt, Jr., for breach of contract, or alternatively, unjust enrichment, to recover $18,800,000 allegedly owed from defaulted loans and related enforcement obligations. Third Am. Compl., ECF No. 133 (Oct. 12, 2017) ("Compl."). Mr. Kelly and Mr. Merritt ("Defendants" 1 )...
RULING AND ORDER ON MOTION FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , UNITED STATES DISTRICT JUDGE . Simon Mujo and Indrit Muharremi, on behalf of a class of over 100 Jani-King franchisees (collectively "Plaintiffs"), allege that Jani-King International, Inc., Jani-King, Inc., and Jani-King of Hartford, Inc. (collectively "Defendants" or "Jani-King") unlawfully classified them as independent contractors and were unjustly enriched in violation of Conn. Gen. Stat. 31-73(b). Jani-King moves...
RULING AND ORDER ON MOTION FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , District Judge . Richard Hoegemann ("Plaintiff") brought this action under 42 U.S.C. 1983 in forma pauperis alleging various civil rights violations committed by Donato Palma, a Town of East Haven police officer, and several parole officers employed by the Connecticut Board of Pardons and Parole, Jennifer Desena, James Long, and Frank Mirto ("State Defendants") (collectively "Defendants") in their individual capacities....
RULING AND ORDER ROBERT N. CHATIGNY , District Judge . Plaintiffs Joseph Watley and Karin Hasemann bring this action against the Connecticut Department of Children & Families ("DCF), former DCF Commissioner Joette Katz, and current Commissioner Vanessa Dorantes, claiming that DCF took custody of their children, and ultimately obtained a final court order terminating their parental rights, in violation of federal laws protecting persons with disabilities. The action has been remanded...
RULING ON MOTION TO ALTER OR AMEND JUDGMENT WILLIAM I. GARFINKEL , Magistrate Judge . On October 30, 2019, the Court affirmed the Commissioner's decision denying Disability Insurance Benefits. [Doc. #23]. Before the Court is Plaintiff Motion to Alter or Amend Judgment arguing, among other things, that the Court "committed a clear error of law by ignoring the clear mandate set forth in Lockwood v. Comm'r of Social Security Admin., 914 F.3d 87 , 92 (2d Cir. 2019)." [Doc. #25]. For the...
RULING AND ORDER ON MOTION TO DISMISS VICTOR A. BOLDEN , District Judge . After the dismissal of her original Complaint, Lori Alterio ("Plaintiff") has filed an Amended Complaint against her former employer, Almost Family, Inc. ("Defendant" or "Almost Family"), Am. Compl., ECF No. 38 (Mar. 25, 2019), and alleged that her termination violated her rights under the First Amendment as well as the implied covenant of good faith and fair dealing. Id. 125-249. Almost Family has moved to...
RULING AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT VICTOR A. BOLDEN , UNITED STATES DISTRICT JUDGE . Gilead Community Services, Inc. ("Gilead"), Rainbow Housing Corp. ("Rainbow Housing"), and the Connecticut Fair Housing Center, Inc. (collectively "Plaintiffs") sued the Town of Cromwell ("Town"); Vincent "Enzo" Faienza and Anthony Salvatore individually and in their official capacities; and Jillian Massey in her official capacity. Compl., ECF No. 1 (Apr. 17, 2017). Plaintiffs brought...
RULING AND ORDER ON FIRST STEP ACT MOTION FOR IMMEDIATE RELEASE OR RESENTENCING VICTOR A. BOLDEN , District Judge . Leonard Jones ("Defendant") moves for his immediate release or resentencing under Section 404 of the recently-enacted First Step Act. See First Step Act Mot. for Immediate Release or Resentencing, ECF No. 2573 (Sept. 5, 2019) ("Def.'s Mot."); see also Mem. in Support of Def.'s Mot., ECF No. 2597 (Oct. 7, 2019) ("Def.'s Mem."). Mr. Jones is currently serving three...
MEMORANDUM OF DECISION RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 51) KARI A. DOOLEY , District Judge . Preliminary Statement On May 24, 2019, this Court denied the motion for partial summary judgment asserted by Plaintiff Southridge Partners II Limited Partnership ("Southridge" or the "Plaintiff") as to Counts One and Three of its Second Amended Complaint. (ECF No. 41.) In that Memorandum of Decision, the Court simultaneously rejected the argument raised by Defendant PotNetwork...
