Case: Briggs v. Bremby

U.S. Court of Appeals for the Second Circuit

COMPLAINT against Roderick Bremby ( Filing fee $350 receipt number 0205-2423723.), filed by James Allen Briggs.(Thomas, Cecil) (Entered: 03/05/2012)

Request for Clerk to issue summons as to Roderick Bremby. (Thomas, Cecil)

First MOTION for Preliminary Injunction by James Allen Briggs.Responses due by 3/26/2012 (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Affidavit Declaration of Plaintiff James Briggs, # 3 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Injunction Table 1, # 4 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Injunction Table 2, # 5 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Injunction Table 3, # 6 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Injunction Table 4, # 7 Affidavit Attorney's Declaration in Support of Plaintiff's Motion for Preliminary Injunction, # 8 Exhibit to Attorney's Declaration Attachment 1, # 9 Exhibit to Attorney's Declaration Attachment 2, # 10 Exhibit to Attorney's Declaration Attachment 3)(Thomas, Cecil) (Entered: 03/05/2012)

1 Memorandum in Support of Plaintiff's Motion for Preliminary Injunction

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2 Affidavit Declaration of Plaintiff James Briggs

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3 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Inju

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4 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Inju

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5 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Inju

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6 Exhibit to Memorandum in Support of Plaintiff's Motion for Preliminary Inju

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7 Affidavit Attorney's Declaration in Support of Plaintiff's Motion for

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8 Exhibit to Attorney's Declaration Attachment 1

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9 Exhibit to Attorney's Declaration Attachment 2

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10 Exhibit to Attorney's Declaration Attachment 3

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First MOTION for Release of Bond Obligation by James Allen Briggs. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion to Waive Bond for Preliminary Injunction)(Thomas, Cecil) (Entered: 03/05/2012)

1 Memorandum in Support of Plaintiff's Motion to Waive Bond for Preliminary I

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First MOTION to Certify Class by James Allen Briggs.Responses due by 3/26/2012 (Attachments: # 1 Memorandum in Support of Plainitff's Motion for Class Certification)(Thomas, Cecil) (Entered: 03/05/2012)

1 Memorandum in Support of Plainitff's Motion for Class Certification

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Judge Vanessa L. Bryant added. (Oliver, T.)

Order on Pretrial Deadlines: Motions to Dismiss due on 06/05/2012. Amended Pleadings due by 5/4/2012; Discovery due by 9/4/2012; Dispositive Motions due by 10/4/2012. Signed by Clerk on 03/05/2012. (Grady, B.) Modified on 3/6/2012 to correct signature (Grady, B.). (Entered: 03/06/2012)

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER: Signed by Judge Vanessa L. Bryant on 03/05/2012. (Grady, B.) (Entered: 03/06/2012)

ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 03/05/2012. (Grady, B.) (Entered: 03/06/2012)

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 6 Electronic Filing Order, 5 Order on Pretrial Deadlines, 2 First MOTION for Preliminary Injunction, 4 First MOTION to Certify Class, 7 Order Re: Chambers Practices, 3 First MOTION for Release of Bond Obligation, 1 Complaint. Signed by Clerk on 03/06/2012. (Grady, B.) (Entered: 03/06/2012)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Roderick Bremby* with answer to complaint due within *21* days. Attorney *Lucy Potter* *Greater Hartford Legal Aid* *999 Asylum Avenue* *Hartford, CT 06105-2465*. (Grady, B.) (Entered: 03/06/2012)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. The Court schedules a Pretrial Conference set for 3/20/2012 01:00 PM in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant for planning purposes. The Parties should be prepared to discuss a briefing schedule for the preliminary injunction hearing / trial, the allegations in the complaint, class certification under Fed. R. Civ. P. 23 and Mandamus.The Court orders the Plaintiff to serve the Defendant by 3/13/2012 as under Fed. R. Civ. P. 65(a)(1) the Court "may issue a preliminary injunction only on notice to the adverse party." (Fernandez, Melissa) (Entered: 03/06/2012)

ORDER. All parties are asked to read and comply with the Court's Chambers Practices, including the filing and discovery dispute resolution requirements. Failure to comply may result in the summary denial of relief sought in a non-compliant pleading, re: 7 Order Re: Chambers Practices. Signed by Judge Vanessa L. Bryant on 3/08/2012. (Grady, B.) (Entered: 03/08/2012)

NOTICE of Appearance by Cecil Joseph Thomas on behalf of James Briggs (Thomas, Cecil) (Entered: 03/08/2012)

NOTICE of Appearance by Gregory Lee Bass on behalf of James Briggs (Bass, Gregory) (Entered: 03/08/2012)

NOTICE by James Briggs Plaintiff's Disclosure of Related Case (Bass, Gregory) (Entered: 03/08/2012)

SUMMONS Returned Executed by James Briggs. Roderick Bremby served on 3/8/2012, answer due 3/29/2012. (Thomas, Cecil) (Entered: 03/12/2012)

NOTICE of Appearance by Hugh Barber on behalf of Roderick Bremby (Barber, Hugh) (Entered: 03/15/2012)

First MOTION for Extension of Time until April 13, 2012 File Opposition 2 First MOTION for Preliminary Injunction, 4 First MOTION to Certify Class by Roderick Bremby. (Barber, Hugh) Modified on 3/26/2012 to change event (Grady, B.). (Entered: 03/20/2012)

Minute Entry for proceedings held before Judge Vanessa L. Bryant: Conference held on 3/20/2012. Total Time: 1 hour and 26 minutes(Court Reporter D.SMITH(ECRO).) (LaLone, L.) (Entered: 03/20/2012)

MOTION to Dismiss FRCP 12(b)(6) by Roderick Bremby.Responses due by 4/16/2012 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Attachment 1, # 4 Attachment 2, # 5 Attachment 3, # 6 Attachment 4, # 7 Memorandum in Support)(Barber, Hugh) (Entered: 03/26/2012)

1 Exhibit A

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2 Exhibit B

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3 Attachment 1

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4 Attachment 2

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5 Attachment 3

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6 Attachment 4

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7 Memorandum in Support

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First MOTION for Extension of Time to File Response/Reply Response as to 19 MOTION to Dismiss FRCP 12(b)(6) MOTION to Dismiss FRCP 12(b)(6) until April 16, 2012 by James Briggs. (Bass, Gregory) (Entered: 04/05/2012)

First REPORT of Rule 26(f) Planning Meeting. (Bass, Gregory) (Entered: 04/05/2012)

ORDER granting 20 Motion for Extension of Time to File Response/Reply as to MOTION to Dismiss until April 16, 2012. Signed by Judge Vanessa L. Bryant on 4/9/2012. (Fernandez, Melissa) (Entered: 04/09/2012)

SCHEDULING ORDER: The Court adopts the Partie' Rule 26(f) report and sets the following case management deadlines: Discovery shall be completed by 10/2/2012; Dispositive Motions are due by 11/1/2012; if no Dispositive Motions are filed, the Joint Trial Memorandum is due by 12/3/2012 and trial to the Court will commence during January 2013 in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant; if Dispositive Motions are filed the Joint Trial Memorandum is due by 9/1/2013 and trial to the Court will commenced during October 2013 in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Dates for the presentation of evidence will be designated following the submission of the Joint Trial Memorandum. All Proposed Voir Dire questions, Proposed Jury Charge Instructions, and Motions in Limine must be filed along with the Joint Trial Memorandum. All evidentiary objections raised in the Joint Trial Memorandum must be the subject of a Motion in Limine supported by applicable Second Circuit precedent. In addition, Defendant's response to the Motion for Preliminary Injunction is due on May 4, 2012 and Plaintiff's reply will be due May 18, 2012. Signed by Judge Vanessa L. Bryant on 4/9/2012. (Fernandez, Melissa) (Entered: 04/09/2012)

ORDER granting 17 Motion for Extension of Time to File Response/Reply to Motion for Preliminary Injunction. Defendant's response to the Motion for Preliminary Injunction is due on May 4, 2012 and Plaintiff's reply is due May 18, 2012. Signed by Judge Vanessa L. Bryant on 4/9/2012. (Fernandez, Melissa) (Entered: 04/09/2012)

Set/Reset Deadlines as to 19 MOTION to Dismiss FRCP 12(b)(6) Responses due by 4/16/2012 (LaLone, L.)

Set/Reset Deadlines as to 2 First MOTION for Preliminary Injunction. Responses due by 5/4/2012 (LaLone, L.)

Memorandum in Opposition re 19 MOTION to Dismiss FRCP 12(b)(6) MOTION to Dismiss FRCP 12(b)(6) filed by James Briggs. (Attachments: # 1 Appendix Carr v. Wilson-Coker Slip Opinion)(Thomas, Cecil) (Entered: 04/16/2012)

1 Appendix Carr v. Wilson-Coker Slip Opinion

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NOTICE of Appearance by Rosemary Miller McGovern on behalf of Roderick Bremby (McGovern, Rosemary) (Entered: 04/26/2012)

First MOTION for Extension of Time to File Response/Reply as to 2 First MOTION for Preliminary Injunction, 4 First MOTION to Certify Class until May 14, 2012 by Roderick Bremby. (McGovern, Rosemary) (Entered: 04/26/2012)

MOTION for Leave to File Excess Pages for Reply Brief by Roderick Bremby. (McGovern, Rosemary) (Entered: 04/27/2012)

ORDER granting 27 Motion for Extension of Time to File Response/Reply as to First MOTION for Preliminary Injunction, First MOTION to Certify Class until May 14, 2012. Signed by Judge Vanessa L. Bryant on 4/30/2012. (Fernandez, Melissa) (Entered: 04/30/2012)

ORDER granting 28 Motion for Leave to File Excess Pages. Signed by Judge Vanessa L. Bryant on 4/30/2012. (Fernandez, Melissa) (Entered: 04/30/2012)

REPLY to Response to 19 MOTION to Dismiss FRCP 12(b)(6) MOTION to Dismiss FRCP 12(b)(6) filed by Roderick Bremby. (Barber, Hugh) (Entered: 04/30/2012)

Set/Reset Deadlines as to 4 First MOTION to Certify Class, 2 First MOTION for Preliminary Injunction. Responses due by 5/14/2012 (LaLone, L.)

Memorandum in Opposition re 4 First MOTION to Certify Class filed by Roderick Bremby. (McGovern, Rosemary) (Entered: 05/14/2012)

Memorandum in Opposition re 2 First MOTION for Preliminary Injunction filed by Roderick Bremby. (Attachments: # 1 Affidavit Ronald Roberts, # 2 Affidavit Silvana Flattery, # 3 Affidavit Louis Polzella, # 4 Affidavit Astread Ferron-Poole, # 5 Affidavit Darleen Klase, # 6 Exhibit Case Attachments)(Barber, Hugh) (Entered: 05/14/2012)

1 Affidavit Ronald Roberts

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2 Affidavit Silvana Flattery

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3 Affidavit Louis Polzella

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4 Affidavit Astread Ferron-Poole

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5 Affidavit Darleen Klase

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6 Exhibit Case Attachments

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Plaintiffs' First Motion for Leave to Exceed Page Limit for Preliminary Injunction Reply Brief by James Briggs. (Bass, Gregory) Modified on 5/23/2012 to remove text (Grady, B.). (Entered: 05/22/2012)

ORDER granting 34 Motion for Leave to File Excess Pages for Preliminary Injunction Reply Brief. Signed by Judge Vanessa L. Bryant on 5/22/2012. (Fernandez, Melissa) (Entered: 05/22/2012)

MOTION for Extension of Time until June 26, 2012 respond to Plaintiffs First Request For Production by Roderick Bremby. (McGovern, Rosemary) (Entered: 05/24/2012)

OBJECTION Plaintiffs' Objection to Defendant's 36 Motion for Enlargement of Time filed by James Briggs. (Bass, Gregory) Modified on 5/29/2012 to link to motion (Grady, B.). Modified on 5/29/2012 to creat association (Grady, B.). (Entered: 05/24/2012)

REPLY to Response to 2 First MOTION for Preliminary Injunction Plaintiffs' Reply Memorandum in Support of Motion for Preliminary Injunction filed by James Briggs. (Attachments: # 1 Affidavit Declaration of Attorney Lucy Potter in Support of Plaintiffs' Reply Memorandum in Support of Motion for Preliminary Injunction)(Bass, Gregory) (Entered: 05/29/2012)

1 Affidavit Declaration of Attorney Lucy Potter in Support of Plaintiffs' Rep

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REPLY to Response to 4 First MOTION to Certify Class Plaintiffs' Reply Memorandum in Support of Class Certification filed by James Briggs. (Bass, Gregory) (Entered: 05/29/2012)

ORDER granting 36 Motion for Extension of Time until June 26, 2012 respond to Plaintiffs First Request For Production absent objection pursuant to Local Rule 7(b). Pursuant to Local Rule 7(b), opposing counsel may move within 7 days of this Order to have the Court set aside the order for good cause. Signed by Judge Vanessa L. Bryant on 5/31/2012. (Fernandez, Melissa) (Entered: 05/31/2012)

MOTION for Attorney(s) Mary R. Mannix, Marc Cohan, Petra T. Tasheff to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2524847) by James Briggs. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Bass, Gregory) (Entered: 06/07/2012)

1 Affidavit

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2 Affidavit

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3 Affidavit

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ORDER granting 41 MOTION for Attorney(s) Mary R. Mannix, Marc Cohan, Petra T. Tasheff to be admitted pro hac vice. Certificate of Good Standing due by 8/12/2012. Signed by Clerk on 06/13/2012. (Grady, B.) (Entered: 06/13/2012)

NOTICE of Appearance by Petra T. Tasheff on behalf of James Briggs (Tasheff, Petra) (Entered: 06/19/2012)

NOTICE of Appearance by Mary R. Mannix on behalf of James Briggs (Mannix, Mary) (Entered: 06/19/2012)

Second MOTION for Extension of Time until July 26, 2012 respond to plaintiff's first rfp by Roderick Bremby. (McGovern, Rosemary) (Entered: 06/26/2012)

ORDER granting 45 Motion for Extension of Time until July 26, 2012 respond to plaintiff's first rfp. Signed by Judge Vanessa L. Bryant on 6/26/2012. (Fernandez, Melissa) (Entered: 06/26/2012)

CERTIFICATE OF GOOD STANDING re 41 MOTION for Attorney(s) Mary R. Mannix, Marc Cohan, Petra T. Tasheff to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2524847) by James Briggs. (Tasheff, Petra) (Entered: 06/28/2012)

CERTIFICATE OF GOOD STANDING re 41 MOTION for Attorney(s) Mary R. Mannix, Marc Cohan, Petra T. Tasheff to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2524847) by James Briggs. (Mannix, Mary) (Entered: 07/09/2012)

CERTIFICATE OF GOOD STANDING re 41 MOTION for Attorney(s) Mary R. Mannix, Marc Cohan, Petra T. Tasheff to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2524847) by James Briggs. (Mannix, Mary) (Entered: 07/09/2012)

First MOTION for Extension of Time until 120 days after Court's ruling on motion to dismiss Plaintiffs' Uncontested Motion for Extension of Time to Complete Discovery Completion of discovery by James Briggs. (Bass, Gregory) (Entered: 08/16/2012)

ORDER granting 50 Motion for Extension of Time. The Court will set an amended scheduling order following its ruling on the motion to dismiss. Signed by Judge Vanessa L. Bryant on 8/22/12. (Fernandez, Melissa) Modified on 8/23/2012 to correct signed date (LaLone, L.). (Entered: 08/22/2012)

ENTERED IN ERROR . . . Supplemental RESPONSE re 25 Memorandum in Opposition to Motion advising Court of recent 2nd Cir decision filed by James Briggs. (Tasheff, Petra) Modified on 8/28/2012 (Grady, B.). (Entered: 08/24/2012)

Supplemental RESPONSE to 54 Supplemental RESPONSE By Plaintiffs' re Additional Authority, to 19 MOTION to Dismiss filed by Roderick Bremby. (Barber, Hugh) Modified on 8/29/2012 to link to motion (Grady, B.). (Entered: 08/27/2012)

Docket Entry Correction: Document 52 Response - Entered in Error - docket entries must be in pleading format. (Grady, B.)

Supplemental RESPONSE to 25 Memorandum in Opposition to 19 MOTION to Dismiss FRCP 12(b)(6) filed by James Briggs. (Tasheff, Petra) Modified on 8/29/2012 to fix text (Grady, B.). (Entered: 08/29/2012)

First MOTION for Leave to File Permission to File Supplemental Memorandum in Support of Preliminary Injunction by James Briggs. (Attachments: # 1 Memorandum in Support Supplemental Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Affidavit Attorney's Declaration in Support of Supplemental Memorandum for Motion for Preliminary Injunction, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B)(Bass, Gregory) (Entered: 09/28/2012)

1 Memorandum in Support Supplemental Memorandum in Support of Plaintiffs' Mot

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2 Affidavit Attorney's Declaration in Support of Supplemental Memorandum for

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3 Exhibit Exhibit A

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4 Exhibit Exhibit B

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Supplemental MOTION for Preliminary Injunction Plaintiffs' Second Motion for Permission to File Supplemental Memorandum in Support of Preliminary Injunction by James Briggs.Responses due by 12/21/2012 (Attachments: # 1 Memorandum in Support Second Supplemental Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Exhibit Exhibit 1 Bremby Statement to Governor)(Bass, Gregory). Added MOTION for permission to file supplemental memorandum in support of preliminary injunction on 12/12/2012 (Grady, B.). (Entered: 11/30/2012)

1 Memorandum in Support Second Supplemental Memorandum in Support of Plaintiffs�

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2 Exhibit Exhibit 1 Bremby Statement to Governor

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NOTICE of Appearance by Jennifer L Callahan on behalf of Roderick Bremby (Callahan, Jennifer) (Entered: 11/30/2012)

Set deadlines as to 56 MOTION for permission to file supplemental memorandum in support of preliminary injunction. Responses due by 12/21/2012 (Grady, B.)

ORDER granting 3 Motion for Release of Bond Obligation; denying 19 Motion to Dismiss; granting 2 Motion for Preliminary Injunction. See attached memorandum of decision. Signed by Judge Vanessa L. Bryant on 12/4/2012. (Fernandez, Melissa) (Entered: 12/04/2012)

ORDER denying 55 Motion for Leave to File as moot; denying 56 Motion for Preliminary Injunction as moot. Signed by Judge Vanessa L. Bryant on 12/4/2012. (Fernandez, Melissa) (Entered: 12/04/2012)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. The Court schedules a status conference / hearing for 12/21/2012 at 10:00 AM in Chambers, Suite 320, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant to discuss class certification and injunctive relief. (Fernandez, Melissa) (Entered: 12/05/2012)

ORDER denying 56 Motion for Leave to File as moot. Signed by Judge Vanessa L. Bryant on 12/17/2012. (Fernandez, Melissa) (Entered: 12/17/2012)

NOTICE by Roderick Bremby Defendant's Memorandum with Respect to Proposed Class Certification and 2 First MOTION Preliminary Injunctive Relief (Attachments: # 1 Exhibit "A")(Barber, Hugh) Modified on 12/21/2012 to link to motion (Grady, B.). (Entered: 12/20/2012)

PROPOSED ORDER re 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction by James Briggs. (Attachments: # 1 Memorandum in Support)(Mannix, Mary) (Entered: 12/20/2012)

RESPONSE re 63 Proposed Order, 62 Notice, re: 2 First MOTION for Preliminary Injunction by James Briggs. (Mannix, Mary) Modified on 1/3/2013 to link to motion (Grady, B.). (Entered: 12/20/2012)

ORDER rescheduling status conference / hearing for 1/23/2013 in Courtroom 2, 450 Main Street, Hartford, Ct to discuss the nature of injunctive relief and the proposed class. This Court held that the FSA created private enforceable rights in its decision denying Defendant's motion to dismiss. Although the Court concurrently ruled on the Plaintiff's motion for preliminary injunction when it denied Defendant's motion to dismiss, the Court's decision on the motion for preliminary injunction was predicated on the prior ruling on the motion to dismiss. As Defendant's motion to dismiss sounds in standing or alternatively lack of jurisdiction, the Second Circuit has appellate jurisdiction to entertain an appeal on the Court's December 4, 2012 ruling on the motion to dismiss in which it held that Sections 2020 (e)(3) and (9) confer federal rights enforceable under Section 1983. See W.R. Huff Asset Management Co., LLC v. Deloitte & Touche LLP, 549 F.3d 100 (2d Cir. 2008) (reversing district court ruling denying motion to dismiss for lack of standing); J.S. ex rel. N.S. v. Attica Central Schools, 386 F.3d 107 (2d Cir. 2004) (affirming district court ruling denying motion to dismiss for lack of subject matter jurisdiction). In addition, the Second Circuit would also have appellate jurisdiction over both the rulings on the motion to dismiss and the motion for preliminary injunction despite the fact that the Court has yet to determine the exact parameters of injunctive relief under the collateral order doctrine much like questions of qualified immunity. In Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), the Supreme Court recognized an exception to the final judgment rule, which has come to be known as the "collateral order doctrine." Id. at 54547, 69 S.Ct. 1221. "To qualify for the exception, an order must (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal from a final judgment." U.S. v. Yousef, 475 F. App'x 809, 809 (2d Cir. 2012) (internal quotation marks and citations omitted). Here, the Court's rulings on both the motions to dismiss and preliminary injunction satisfy these criteria. Further the rationale supporting appellate jurisdiction over questions of immunity applies with equal force to the present situation. Much like an officer shielded by qualified immunity, the State should not be required to bear the burden of litigation where such a threshold issue is in contention. As Defendant's pleadings appear to suggest that he will likely seek to appeal the Court's decision, the Court reschedules the conference for 1/23/2013 after the appeals period has lapsed. Should the Defendant choose not to appeal, the parties should be prepared to attend the scheduled conference. If the Defendant chooses to appeal the decision, the Court will reschedule the conference after the resolution of such appeal. Signed by Judge Vanessa L. Bryant on 12/21/2012. (Fernandez, Melissa) (Entered: 12/21/2012)

Minute Entry for proceedings held before Judge Vanessa L. Bryant: Status Conference held on 12/21/2012. 8 minutes(Court Reporter D.Smith(ECRO).) (LaLone, L.) (Entered: 01/14/2013)

NOTICE OF INTERLOCUTORY APPEAL as to 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 65 Order,,,,,,,,,,,, by Roderick Bremby. Filing fee $ 455, receipt number 0205-2731778. (Attachments: # 1 Judge's Ruling/Order)(Barber, Hugh) (Entered: 01/02/2013)

ORDER denying 4 Motion to Certify Class without prejudice to renewing after resolution of the pending interlocutory appeal. Signed by Judge Vanessa L. Bryant on 1/4/2013. (Fernandez, Melissa) (Entered: 01/04/2013)

First MOTION for Reconsideration re 65 Order,,,,,,,,,,,, 67 Order on Motion to Certify Class by James Briggs.Responses due by 1/25/2013 (Attachments: # 1 Memorandum in Support Plaintiffs Memo in Support of Motion for Reconsideration)(Bass, Gregory) (Entered: 01/04/2013)

ORDER denying 68 Motion for Reconsideration on order denying motion for class certification without prejudice to renewing pending resolution of interlocutory appeal. As the Court previously expressed in its prior 65 order, the question of injunctive relief is premature at this juncture in which the Defendant has appealed the Court's determination that the FSA confers enforceable rights under Section 1983. As this Court explained, the Court does not believe that the State should be required to bear the burden of litigation including a preliminary injunction where a threshold issue is in dispute. Moreover, the Plaintiffs' arguments as to whether the interlocutory appeal is premature are properly before the Second Circuit as this Court has no authority to dismiss the notice of appeal. Signed by Judge Vanessa L. Bryant on 1/7/2013. (Fernandez, Melissa) (Entered: 01/07/2013)

Index to Record on Appeal by Roderick Bremby re 66 Notice of Interlocutory Appeal, 26 Notice of Appearance, 38 Reply to Response to Motion, 64 Response, 69 Order on Motion for Reconsideration,,, 42 Order on Motion for Admission Pro Hac Vice, 55 First MOTION for Leave to File Permission to File Supplemental Memorandum in Support of Preliminary Injunction, 63 Proposed Order, 4 First MOTION to Certify Class, 68 First MOTION for Reconsideration re 65 Order,,,,,,,,,,,, 67 Order on Motion to Certify ClassFirst MOTION for Reconsideration re 65 Order,,,,,,,,,,,, 67 Order on Motion to Certify Class, 39 Reply to Response to Motion, 53 Response, 33 Memorandum in Opposition to Motion, 43 Notice of Appearance, 14 Notice (Other), 25 Memorandum in Opposition to Motion, 57 Notice of Appearance, 67 Order on Motion to Certify Class, 1 Complaint, 54 Response, 12 Notice of Appearance, 16 Notice of Appearance, 32 Memorandum in Opposition to Motion, 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 59 Order on Motion for Leave to File, Order on Motion for Preliminary Injunction, 56 Supplemental MOTION for Preliminary Injunction Plaintiffs' Second Motion for Permission to File Supplemental Memorandum in Support of Preliminary Injunction MOTION for Leave to File, 65 Order,,,,,,,,,,,, 2 First MOTION for Preliminary Injunction, 15 Summons Returned Executed, 13 Notice of Appearance, 19 MOTION to Dismiss FRCP 12(b)(6) MOTION to Dismiss FRCP 12(b)(6), 60 Calendar Entry, 31 Reply to Response to Motion, 44 Notice of Appearance, 62 Notice (Other), Notice (Other), 41 MOTION for Attorney(s) Mary R. Mannix, Marc Cohan, Petra T. Tasheff to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-2524847). For docket entries without a hyperlink, contact the court to arrange for the document(s) to be made available to you. (Barber, Hugh) (Entered: 01/22/2013)

MOTION for Certification of an Interlocutory Appeal Pursuant to 28 U.S.C. 1292b) and MOTION to Stay by Roderick Bremby. Responses due by 3/27/2013 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 2d Circuit Ruling, # 3 Exhibit Case Attachments)(McGovern, Rosemary). Added MOTION for Certification of an Interlocutory Appeal on 3/7/2013 (Grady, B.). (Entered: 03/06/2013)

Set deadline as to 72 MOTION for Certification of an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). Responses due by 3/27/2013 (Grady, B.)

Memorandum in Opposition re 72 MOTION to Stay and Certification of an Interlocutory Appeal filed by James Briggs. (Mannix, Mary) (Entered: 03/26/2013)

MANDATE of USCA dated 04/04/2013 dismissing 66 Notice of Interlocutory Appeal(Grady, B.) (Entered: 04/04/2013)

REPLY to Response to 72 MOTION to Stay and Certification of an Interlocutory Appeal filed by Roderick Bremby. (Attachments: # 1 Exhibit Case Attachments)(McGovern, Rosemary) (Entered: 04/09/2013)

RESPONSE re 72 MOTION to Stay and Certification of an Interlocutory Appeal filed by James Briggs. (Mannix, Mary) (Entered: 04/12/2013)

ORDER denying 72 Motion to Stay; denying 72 Motion for certification of an interlocutory appeal. In the interests of judicial efficiency, the Court will proceed to make determinations on the form of injunctive relief and class certification. The Court schedules a hearing for April 29, 2013 in Courtroom 2, 450 Main Street, Hartford Ct to discuss the form of injunctive relief that will be entered and class certification. Signed by Judge Vanessa L. Bryant on 4/19/2013. (Fernandez, Melissa) (Entered: 04/19/2013)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Hearing set for 4/29/2013 at 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. See order dkt# 77 . (LaLone, L.) (Entered: 04/22/2013)

Minute Entry for proceedings held before Judge Vanessa L. Bryant: Hearing held on 4/29/2013. Total Time: 1 hours and 56 minutes(Court Reporter D.Smith(ECRO).) (LaLone, L.) (Entered: 05/09/2013)

MOTION to Intervene by James Briggs.Responses due by 5/29/2013 (Attachments: # 1 Memorandum in Support Intervention Memorandum, # 2 Affidavit Hollister Affidavit, # 3 Exhibit Amended Intervenor Complaint)(Bass, Gregory) (Entered: 05/08/2013)

ORDER granting 79 Motion to Intervene and appointing Paula Hollister as a class representative. Signed by Judge Vanessa L. Bryant on 5/13/2013. (Fernandez, Melissa) (Entered: 05/13/2013)

ORDER certifying class. See attached Order. Signed by Judge Vanessa L. Bryant on 5/13/2013.(Fernandez, Melissa) (Entered: 05/13/2013)

Preliminary Injunction Order. See attached Order Signed by Judge Vanessa L. Bryant on 5/13/2013.(Fernandez, Melissa) (Entered: 05/13/2013)

MOTION to Alter Judgment FRCP 59(e), MOTION for Reconsideration re 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 83 Order Local Rule 7(c) by Roderick Bremby.Responses due by 6/18/2013 (Attachments: # 1 Memorandum in Support, # 2 Attachment 1 May 13, 2013 Order, # 3 Attachment 2 Dec 4 2012 Decision)(Barber, Hugh) (Entered: 05/28/2013)

MOTION to Amend/Correct 83 Order by James Briggs.Responses due by 6/18/2013 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Affidavit, # 4 Exhibit Exhibit A to Mannix Declaration, # 5 Exhibit Exhibit B to Mannix Declaration)(Mannix, Mary) (Entered: 05/28/2013)

ORDER: The parties are directed to file responses to the 84 motion to alter judgment and the 85 motion to amend/correct order by 6/12/2013. Signed by Judge Vanessa L. Bryant on 5/31/2013.(Fernandez, Melissa) (Entered: 05/31/2013)

Set/Reset Deadlines as to 84 MOTION to Alter Judgment FRCP 59(e) MOTION for Reconsideration re 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 83 Order Local Rule 7(c), 85 MOTION to Amend/Correct 83 Order. Responses due by 6/12/2013. See order dkt# 86 . (LaLone, L.)

Memorandum in Opposition re 85 MOTION to Amend/Correct 83 Order filed by Roderick Bremby. (Attachments: # 1 Exhibit "A" (Roberts Affidavit))(Barber, Hugh) (Entered: 06/12/2013)

Memorandum in Opposition re 84 MOTION to Alter Judgment FRCP 59(e) MOTION for Reconsideration re 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 83 Order Local Rule 7(c) filed by James Briggs. (Mannix, Mary) (Entered: 06/12/2013)

REPLY to Response to 84 MOTION to Alter Judgment FRCP 59(e) MOTION for Reconsideration re 58 Order on Motion for Release of Bond Obligation, Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 83 Order Local Rule 7(c) filed by Roderick Bremby. (Barber, Hugh) (Entered: 06/26/2013)

REPLY to Response to 85 MOTION to Amend/Correct 83 Order filed by James Briggs. (Attachments: # 1 Affidavit, # 2 Exhibit)(Mannix, Mary) (Entered: 06/26/2013)

MOTION Defer Consideration of Plaintiffs' Motion to Supplement Preliminary Injunction Order re 85 MOTION to Amend/Correct 83 Order by James Briggs.Responses due by 7/18/2013 (Mannix, Mary) (Entered: 06/27/2013)