Case: Briggs v. Bremby

3:12-cv-00324 | U.S. District Court for the District of Connecticut

Filed Date: March 5, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 5, 2012, the plaintiff filed this class action lawsuit on behalf of all Connecticut residents who, since March 5, 2009 have applied or will apply for food stamps from the Connecticut Department of Social Services in United States District Court for the District of Connecticut. The plaintiff sued the Connecticut Department of Social Services under 42 U.S.C. § 1983. The plaintiff, represented by public interest lawyers from the Greater Hartford Legal Aid and the National Center for Law a…

On March 5, 2012, the plaintiff filed this class action lawsuit on behalf of all Connecticut residents who, since March 5, 2009 have applied or will apply for food stamps from the Connecticut Department of Social Services in United States District Court for the District of Connecticut. The plaintiff sued the Connecticut Department of Social Services under 42 U.S.C. § 1983. The plaintiff, represented by public interest lawyers from the Greater Hartford Legal Aid and the National Center for Law and Economic Justice, asked the court for injunctive relief for the processing of food stamp applications. The plaintiffs claimed that the defendant was noncompliant with the Food Stamps Act 7 U.S.C. § 2020(e)(3) for application for food stamps. Specifically, the plaintiff claimed that the defendant was failing to process food stamp applications in a timely manner as well as refusing to properly use the expedited process for eligible food stamp applications. For example, from January 2010 to February 2012, almost 30% of the Department's pending food stamp applications were over 30 days old. This prevented the plaintiff and other similarly situated persons from meeting their nutritional needs.

On December 4, 2012, the court granted a preliminary injunction requiring the defendant to properly process food stamp applications for plaintiff and denied the defendant's motion to dismiss. The defendants appealed the denial to the United States Court of Appeals for the Second Circuit, docket 14-01328. This appeal was denied without an opinion.

On May 13, 2013, the court signed the preliminary injunction order as well as the order granting class certification. The class was defined as:

"All persons in Connecticut who have applied, who are currently applying, or who will apply in the future and whose application was not timely processed for food stamps as required by 7 U.S.C. § 2020(e)(3) and (e)(9); 7 C.F.R. § 273.2"

On March 24, 2014 the court denied defendant's motion to amend the preliminary injunction. On July 6, 2015 the United States Court of Appeals for the Second Circuit affirmed the District Court's preliminary injunction order. 792 F.3d 239 (2d Cir. 2015). On September 8, 2015, the plaintiffs filed a motion for summary judgment.

On May 19, 2016, the case was referred to Magistrate Judge Robert A. Richardson for settlement conference. Throughout the remainder of 2016, the parties continued to engage in settlement discussions.

The parties reached an agreement on December 16, 2016. The Court dismissed the case as settled and directed the clerk to terminate this file without prejudice to reopening on or before February 20, 2017.

The parties submitted their settlement agreement to the Court for approval on January 5, 2017. The settlement agreement provided that the defendant would comply with the timely requirements for processing food stamps applications. Fully complying with the timely processing required the defendant to meet a 96% timely processing standard, starting no later than the month following the date that the settlement was approved by the Court. The defendant would also enact policies and train staff to meet this timely requirement. The defendant was to provide plaintiff with monthly SNAP Application Timeliness Reports, for the duration of the Order. The Court was to retain jurisdiction over this matter indefinitely until the defendant achieved full compliance of the settlement agreement for 26 months of any 30 month period or for 22 consecutive months, whichever came first. Class notice was to take the form of posting a notice in both English and Spanish in various DSS offices' waiting rooms, on DSS's website, and in the waiting room of Greater Hartford Legal Aid.

The Court preliminarily approved the settlement on January 6, 2017 and scheduled a fairness hearing for March 8, 2017. After the fairness hearing, Judge Bryant granted approval of the settlement on March 9, 2017. On September 11, 2017, the parties entered a stipulation and order of settlement regarding defendant payment of attorney's fees, costs and expenses of $922,000.

As of January 2019, this case was open pending the demonstration of full compliance with the settlement agreement.

Summary Authors

David Smellie (10/7/2016)

Michael Beech (4/1/2019)

Maddie McFee (11/22/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201668/parties/briggs-v-bremby/


Judge(s)

Bryant, Vanessa Lynne (Connecticut)

Calabresi, Guido (Connecticut)

Carney, Susan Laura (Connecticut)

Hall, Peter W. (Vermont)

Attorneys(s) for Plaintiff

Bass, Greg (Connecticut)

Cohan, Marc (New York)

Mannix, Mary R. (New York)

Potter, Lucy (Connecticut)

Shay, Giovanna (District of Columbia)

Tasheff, Petra T. (New York)

Judge(s)

Bryant, Vanessa Lynne (Connecticut)

Calabresi, Guido (Connecticut)

Carney, Susan Laura (Connecticut)

Hall, Peter W. (Vermont)

Attorneys(s) for Plaintiff

Bass, Greg (Connecticut)

Cohan, Marc (New York)

Mannix, Mary R. (New York)

Potter, Lucy (Connecticut)

Shay, Giovanna (District of Columbia)

Tasheff, Petra T. (New York)

Thomas, Cecil Joseph (Connecticut)

Attorneys(s) for Defendant

Barber, Hugh (Connecticut)

Callahan, Jennifer L. (Connecticut)

McGovern, Rosemary Miller (Connecticut)

Expert/Monitor/Master

Melendez, Emily V. (Connecticut)

Richardson, Robert A. (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 12, 2017 Docket
1

Complaint

March 5, 2012 Complaint
58

Memorandum Of Decision Denying Defendant's Motion To Dismiss And Granting Plaintiff's Motion For Preliminary Injunction

2012 WL 6026167

Dec. 4, 2012 Order/Opinion
82

Order Certifying Class

2013 WL 1987237

May 13, 2013 Order/Opinion
83

Preliminary Injunction Order

May 13, 2013 Order/Opinion
101

Order Granting In Part And Denying In Part Defendant's Motion To Alter And Amend And Motion For Reconsideration

2014 WL 1246696

March 24, 2014 Order/Opinion

Opinion [2nd Circuit]

U. S. Court of Appeals for the Second Circuit

792 F.3d 239, 2015 WL 4069053

July 6, 2015 Order/Opinion
162

Joint Motion for Approval of Settlement Agreement and Class Notice + Stipulation and Order of Settlement

Jan. 5, 2017 Pleading / Motion / Brief
163

Order Preliminarily Approving Stipulation and Order of Settlement and Order of Notice to Plaintiff Class

Jan. 6, 2017 Order/Opinion
170

Order of Final Approval of Stipulation and Order of Settlement

March 9, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201668/briggs-v-bremby/

Last updated May 20, 2022, 4:09 a.m.

ECF Number Description Date Link
1

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

March 5, 2012 RECAP
2

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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March 5, 2012 PACER
3

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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March 5, 2012 PACER
4

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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March 5, 2012 PACER
5

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)

March 5, 2012 PACER
6

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)

March 5, 2012 PACER
7

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)

March 5, 2012 PACER
8

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)

March 6, 2012 PACER
9

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)

March 6, 2012 PACER
10

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)

March 6, 2012 PACER
11

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)

March 8, 2012 PACER
12

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

March 8, 2012 PACER
13

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

March 8, 2012 PACER
14

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

March 8, 2012 PACER
15

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

March 12, 2012 PACER
16

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

March 15, 2012 PACER
17

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)

March 20, 2012 PACER
18

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)

March 20, 2012 PACER
19

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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March 26, 2012 PACER
20

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)

April 5, 2012 PACER
21

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

April 5, 2012 PACER
22

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)

April 9, 2012 PACER
23

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)

April 9, 2012 PACER
24

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)

April 9, 2012 PACER
25

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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April 16, 2012 PACER
26

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

April 26, 2012 PACER
27

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)

April 26, 2012 PACER
28

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

April 27, 2012 PACER
29

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)

April 30, 2012 PACER
30

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)

April 30, 2012 PACER
31

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)

April 30, 2012 PACER
32

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

May 14, 2012 PACER
33

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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May 14, 2012 PACER
34

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)

May 22, 2012 PACER
35

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)

May 22, 2012 PACER
36

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)

May 24, 2012 PACER
37

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)

May 24, 2012 PACER
38

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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May 29, 2012 PACER
39

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)

May 29, 2012 PACER
40

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)

May 31, 2012 PACER
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. (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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June 7, 2012 PACER
42

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)

June 13, 2012 PACER
43

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

June 19, 2012 PACER
44

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

June 19, 2012 PACER
45

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)

June 26, 2012 PACER
46

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)

June 26, 2012 PACER
47

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)

June 28, 2012 PACER
48

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)

July 9, 2012 PACER
49

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)

July 9, 2012 PACER
50

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)

Aug. 16, 2012 PACER
51

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)

Aug. 22, 2012 PACER
52

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)

Aug. 24, 2012 PACER
53

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)

Aug. 27, 2012 PACER
54

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)

Aug. 29, 2012 PACER
55

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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Sept. 28, 2012 PACER
56

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) (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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Nov. 30, 2012 PACER
57

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

Nov. 30, 2012 PACER
58

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)

Dec. 4, 2012 RECAP
59

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)

Dec. 4, 2012 PACER
82

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

May 14, 2013 RECAP
83

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

May 14, 2013 RECAP
101

ORDER granting in part and denying in part the Defendant's 84 Motion to Alter Judgment and/or Motion for Reconsideration. See the attached memorandum of decision. Signed by Judge Vanessa L. Bryant on 3/24/2014. (Burkart, B.)

March 24, 2014 RECAP
184

Miscellaneous Relief

Nov. 22, 2021 PACER
60

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)

Dec. 5, 2012

Order on Motion for Miscellaneous Relief

Dec. 1, 2021 PACER
61

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)

Dec. 17, 2012
62

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)

Dec. 20, 2012
63

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)

Dec. 20, 2012
64

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)

Dec. 20, 2012
65

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)

Dec. 21, 2012
70

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)

Dec. 21, 2012
66

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)

Jan. 2, 2013
67

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)

Jan. 4, 2013
68

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)

Jan. 4, 2013
69

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)

Jan. 7, 2013
71

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)

Jan. 22, 2013
72

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)

March 6, 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.) (Entered: 03/07/2013)

March 6, 2013
73

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

March 26, 2013
74

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

April 4, 2013
75

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)

April 9, 2013
76

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

April 12, 2013
77

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)

April 19, 2013
78

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)

April 22, 2013
80

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)

April 29, 2013
79

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)

May 8, 2013
81

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)

May 13, 2013
85

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)

May 28, 2013
86

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)

May 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.) (Entered: 06/04/2013)

June 4, 2013
87

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)

June 12, 2013
88

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)

June 12, 2013
89

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)

June 26, 2013
90

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)

June 26, 2013
91

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)

June 27, 2013
92

RESPONSE 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) Sur−Reply filed by James Briggs. (Mannix, Mary) (Entered: 07/03/2013)

July 3, 2013
93

Joint NOTICE by Roderick Bremby, James Briggs re 91 MOTION Defer Consideration of Plaintiffs' Motion to Supplement Preliminary Injunction Order re 85 MOTION to Amend/Correct 83 Order (Mannix, Mary) (Entered: 07/11/2013)

July 11, 2013
94

Joint STIPULATION re 91 MOTION Defer Consideration of Plaintiffs' Motion to Supplement Preliminary Injunction Order re 85 MOTION to Amend/Correct 83 Order , 85 MOTION to Amend/Correct 83 Order by Roderick Bremby, James Briggs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Mannix, Mary) (Entered: 07/18/2013)

July 18, 2013
95

ORDER: The Court hereby vacates the Scheduling Order, docket no. 23 . Signed by Judge Vanessa L. Bryant on 8/9/13.(Rock, K.) (Entered: 08/09/2013)

Aug. 9, 2013
96

MOTION that the court rule on pending motion 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) by Roderick Bremby.Responses due by 11/11/2013 (McGovern, Rosemary) (Entered: 10/21/2013)

Oct. 21, 2013

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: March 5, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons in Connecticut who have applied, who are currently applying, or who will apply in the future and whose application was not timely processed for food stamps as required by 7 U.S.C. § 2020(e)(3) and (e)(9); 7 C.F.R. § 273.2

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Connecticut Department of Social Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $922,000

Order Duration: 2017 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Type of Facility:

Government-run

Benefit Source:

Food stamps