National Association for the Advancement of Colored People v. Merrill

National Association for the Advancement of Colored People v. Merrill

2019 WL 4917537

U. S. Court of Appeals for the Second Circuit

939 F.3d 470

COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-4883484.), filed by Garry Monk, Justin Farmer, Dione Zackery, NAACP Connecticut State Conference, Germano Kimbro, National Association for the Advancement of Colored People, Conley Monk.(Wishnie, Michael) (Entered: 06/28/2018)

Request to Issue Summons

Request for Clerk to issue summons as to All Defendants. (Wishnie, Michael)

Add and Terminate Judges

Judge Warren W. Eginton added. (Oliver, T.)

Order on Pretrial Deadlines: Amended Pleadings due by 8/27/2018. Discovery due by 12/28/2018. Dispositive Motions due by 2/1/2019. Signed by Clerk on 6/28/2018.(Fazekas, J.) (Entered: 06/28/2018)

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Warren W. Eginton on 6/28/2018.(Fazekas, J.) (Entered: 06/28/2018)

STANDING PROTECTIVE ORDER Signed by Judge Warren W. Eginton on 6/28/2018.(Fazekas, J.) (Entered: 06/28/2018)

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 4 Standing Protective Order, 2 Order on Pretrial Deadlines, 3 Electronic Filing Order, 1 Complaint, filed by Dione Zackery, National Association for the Advancement of Colored People, NAACP Connecticut State Conference, Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk Signed by Clerk on 6/28/2018.(Fazekas, J.) (Entered: 06/28/2018)

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Dannel P. Malloy, Denise Merrill* with answer to complaint due within *21* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) (Entered: 06/28/2018)

NOTICE of Appearance by Michael Skold on behalf of Dannel P. Malloy, Denise Merrill (Skold, Michael) (Entered: 07/16/2018)

Consent MOTION for Extension of Time until 09/06/2018 To Respond to Complaint 1 Complaint, by Dannel P. Malloy, Denise Merrill. (Skold, Michael) (Entered: 07/16/2018)

NOTICE of Appearance by Maura Murphy-Osborne on behalf of Dannel P. Malloy, Denise Merrill (Murphy-Osborne, Maura) (Entered: 07/16/2018)

ORDER granting 8 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 7/17/2018. (Gould, K.) (Entered: 07/17/2018)

Update Answer Deadline

Answer deadline updated for Dannel P. Malloy to 9/6/2018; Denise Merrill to 9/6/2018. (Gould, K.)

AFFIDAVIT of Service for Complaint, Summons and pretrial orders served on Denise Merrill and Dannel Malloy on July 2, 2018, filed by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 07/20/2018)

1 Exhibit A

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NOTICE of Appearance by Hope R. Metcalf on behalf of Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People (Metcalf, Hope) (Entered: 08/15/2018)

Joint REPORT of Rule 26(f) Planning Meeting. (Wishnie, Michael) (Entered: 08/25/2018)

MOTION to Dismiss by Dannel P. Malloy, Denise Merrill.Responses due by 9/27/2018 (Attachments: # 1 Memorandum in Support of Motion to Dismiss)(Skold, Michael) (Entered: 09/06/2018)

1 Memorandum in Support of Motion to Dismiss

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MOTION to Stay re 14 MOTION to Dismiss by Dannel P. Malloy, Denise Merrill.Responses due by 9/27/2018 (Skold, Michael) (Entered: 09/06/2018)

Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss, 15 MOTION to Stay re 14 MOTION to Dismiss until October 4, 2018 by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Wishnie, Michael) (Entered: 09/14/2018)

ORDER granting 16 Motion for Extension of Time to File Response/Reply re 14 MOTION to Dismiss, 15 MOTION to Stay re 14 MOTION to Dismiss Responses due by 10/4/2018. Signed by Judge Warren W. Eginton on 9/17/2018. (Gould, K.) (Entered: 09/17/2018)

NOTICE of Appearance by David N. Rosen on behalf of Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery (Rosen, David) (Entered: 10/04/2018)

NOTICE of Appearance by Alexander T. Taubes on behalf of Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery (Taubes, Alexander) (Entered: 10/04/2018)

Final Memorandum in Opposition to Defendants' Motion to Stay Discovery re 15 MOTION to Stay re 14 MOTION to Dismiss filed by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Exhibit Exhibit A)(Wishnie, Michael) (Entered: 10/04/2018)

1 Exhibit Exhibit A

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Final Memorandum in Opposition to Defendants' Motion to Dismiss re 14 MOTION to Dismiss filed by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Wishnie, Michael) (Entered: 10/04/2018)

Final MOTION for Leave to Appear Law Student Interns under the supervision of Attorney Michael J. Wishnie. by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Supplement)(Wishnie, Michael) (Entered: 10/05/2018)

1 Supplement

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ORDER granting 22 Motion to Appear. Signed by Judge Warren W. Eginton on 10/17/2018. (LaMura, K.) (Entered: 10/17/2018)

REPLY to Response to 14 MOTION to Dismiss filed by Dannel P. Malloy, Denise Merrill. (Skold, Michael) (Entered: 10/18/2018)

REPLY to Response to 15 MOTION to Stay re 14 MOTION to Dismiss filed by Dannel P. Malloy, Denise Merrill. (Skold, Michael) (Entered: 10/18/2018)

ORDER granting 15 Motion to Stay. Signed by Judge Warren W. Eginton on 11/5/2018. (LaMura, K.) (Entered: 11/05/2018)

ORDER denying 14 Motion to Dismiss. Within 21 days of this ruling, the parties should submit a schedule relevant to discovery and dispositive motion deadlines. Signed by Judge Warren W. Eginton on 2/15/19. (Imbriani, Susan) (Entered: 02/19/2019)

Set Deadlines: Status report as to a schedule relevant to discovery and dispositive motion deadlines due by 3/8/2019 (LaMura, K.)

Set Deadlines/Hearings

NOTICE OF APPEAL as to 27 Order on Motion to Dismiss by Dannel P. Malloy, Denise Merrill. Filing fee $ 505, receipt number ACTDC-5184004. (Skold, Michael) (Entered: 03/07/2019)

MOTION to Stay by Dannel P. Malloy, Denise Merrill.Responses due by 3/28/2019 (Skold, Michael) (Entered: 03/07/2019)

CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: 28 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Robin D. Tabora, Clerk. Documents manually filed not included in this transmission: none (Corriette, M.) (Entered: 03/08/2019)

Supplemental REPORT of Rule 26(f) Planning Meeting. (Wishnie, Michael) (Entered: 03/08/2019)

Memorandum in Opposition re 29 MOTION to Stay filed by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Rosen, David) (Entered: 03/15/2019)

REPLY to Response to 29 MOTION to Stay Reply Brief in Further Support of Their Motion for Stay filed by Dannel P. Malloy, Denise Merrill. (Skold, Michael) (Entered: 03/19/2019)

MOTION for Attorney(s) Benjamin Alter to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5200333) by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Affidavit of Benjamin Alter)(Wishnie, Michael) (Entered: 03/19/2019)

1 Affidavit of Benjamin Alter

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ORDER granting 34 Motion to Appear Pro Hac Vice for Benjamin Alter. Certificate of Good Standing due by 5/19/2019. Signed by Clerk on 3/20/19. (Imbriani, Susan) (Entered: 03/20/2019)

Order on Motion for Admission Pro Hac Vice

NOTICE of Appearance by Benjamin Dylan Alter on behalf of NAACP Connecticut State Conference, National Association for the Advancement of Colored People (Alter, Benjamin) (Entered: 03/25/2019)

CERTIFICATE OF GOOD STANDING re 34 MOTION for Attorney(s) Benjamin Alter to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5200333) by NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Alter, Benjamin) (Entered: 03/25/2019)

MOTION for Status Conference by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Taubes, Alexander) (Entered: 04/25/2019)

NOTICE by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery re 38 MOTION for Status Conference of Letter to Court (Rosen, David) (Entered: 05/07/2019)

RESPONSE re 39 Notice (Other), 38 MOTION for Status Conference filed by Dannel P. Malloy, Denise Merrill. (Skold, Michael) (Entered: 05/07/2019)

ORDER denying 29 Motion to Stay. Signed by Judge Warren W. Eginton on 5/8/19. (Imbriani, Susan) (Entered: 05/08/2019)

Order on Motion for Conference

Order

VACATED - ORDER referring case to Magistrate Judge Spector for a discovery and scheduling conference. Signed by Judge Warren W. Eginton on 5/8/19.(Imbriani, Susan) Modified text on 10/9/2019 (Barry, Donna). (Entered: 05/08/2019)

ORDER finding as moot 38 Motion for Conference. Signed by Judge Warren W. Eginton on 5/8/19. (Imbriani, Susan) (Entered: 05/08/2019)

ORDER of USCA as to 28 Notice of Appeal filed by Dannel P. Malloy, Denise Merrill. USCA Case Number 19-576. (Imbriani, Susan) (Entered: 05/15/2019)

ORDER: In light of the Order of the Second Circuit, entered on May 15, 2019 (Doc. No. 45), the telephonic discovery and scheduling call scheduled before Judge Spector for Friday, May 17, 2019 at 9:30am is cancelled, and will be rescheduled promptly after the Second Circuit issues a decision and the temporary stay of the district court proceedings is lifted. Signed by Judge Robert M. Spector on 5/16/2019.(Watson, M.) (Entered: 05/16/2019)

Order

ORDER of USCA as to 28 Notice of Appeal filed by Dannel P. Malloy, Denise Merrill. USCA Case Number 19-576. (Imbriani, Susan) (Entered: 07/16/2019)

MOTION for Benjamin D. Alter to Withdraw as Attorney by NAACP Connecticut State Conference, National Association for the Advancement of Colored People. Motions referred to Robert M. Spector(Alter, Benjamin) (Entered: 08/22/2019)

ORDER granting 48 Motion to Withdraw as Attorney. Attorney Benjamin Dylan Alter terminated. Signed by Judge Warren W. Eginton on 8/29/2019. (Welles, T.) (Entered: 08/29/2019)

Order on Motion to Withdraw as Attorney

ORDER of USCA as to 28 Notice of Appeal filed by Dannel P. Malloy, Denise Merrill. USCA Case Number 19-576. (Imbriani, Susan) (Entered: 09/25/2019)

ORDER OF TRANSFER. Case reassigned to Judge Janet Bond Arterton for all further proceedings. Signed by Judge Warren W. Eginton on 9/26/2019.(Hushin, Z.) (Entered: 09/26/2019)

Order of Transfer

Set Deadlines/Hearings

A telephonic status conference will be held 10/8/2019 at 2:30 p.m. Defense counsel shall initiate the conference call to chambers: 203-773-2737. (Tooker, A.)

Final MOTION for Leave to Appear as Law Student Intern under the supervision of Attorney Michael J. Wishnie. by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Supplement Law Student Intern Appearance)Motions referred to Robert M. Spector(Wishnie, Michael) (Entered: 10/03/2019)

1 Supplement Law Student Intern Appearance

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ORDER granting 52 Motion to Appear Law Student Intern. Signed by Judge Janet Bond Arterton on 10/8/2019. (Tooker, A.) (Entered: 10/08/2019)

Order on Motion to Appear

SCHEDULING ORDER: Amended Pleadings due by 10/15/2019 Rule 26 Meeting Report due by 10/29/2019 Signed by Judge Janet Bond Arterton on 10/8/19.(Tooker, A.) (Entered: 10/08/2019)

Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Status Conference held on 10/8/2019. Total Time: 1 hours(Court Reporter Melissa Cianciullo) (Barry, Donna) Modified text on 10/9/2019 (Barry, Donna). (Entered: 10/09/2019)

ORDER vacating 43 Order referring case to Magistrate Judge Spector for a discovery and scheduling conference in accordance with the scheduling order (Doc. 54) entered 10/08/19. Signed by Judge Janet Bond Arterton on 10/08/19. (Barry, Donna) (Entered: 10/09/2019)

Status Conference

Order

Correspondence from Judge Janet Bond Arterton to Chief Judge Robert A. Katzmann regarding three-judge court. Signed by Judge Janet Bond Arterton on 10/8/2019.(Tooker, A.) (Entered: 10/10/2019)

AMENDED COMPLAINT against Dannel P. Malloy, Denise Merrill, filed by Garry Monk, Justin Farmer, Dione Zackery, NAACP Connecticut State Conference, Germano Kimbro, National Association for the Advancement of Colored People, Conley Monk.(Wishnie, Michael) (Entered: 10/15/2019)

MANDATE of USCA dated 10/15/2019 re 28 Notice of Appeal filed by Dannel P. Malloy, Denise Merrill. (Freberg, B) (Entered: 10/16/2019)

MOTION for Leave to Appear as Law Student Interns under the supervision of Attorney Michael J. Wishnie. by Justin Farmer, Germano Kimbro, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Supplement Law Student Intern Appearances)(Wishnie, Michael) (Entered: 10/17/2019)

1 Supplement Law Student Intern Appearances

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MANDATE Designation of Three Judge Panel Pursuant to 28 USC 2284(b) Signed by Chief Circuit Judge Robert A. Katzmann on 10/17/19.(Bauer, J.) (Entered: 10/17/2019)

ORDER granting 60 Motion for Law Student Intern to appear. Signed by Judge Janet Bond Arterton on 10/18/19. (Tooker, A.) (Entered: 10/21/2019)

Order on Motion to Appear

Joint MOTION for Extension of Time to Submit Rule 26(f) Report by Justin Farmer, Germano Kimbro, Conley Monk, Jr, Conley Monk, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Wishnie, Michael) (Entered: 10/29/2019)

ORDER granting 63 Parties' Joint Motion for a Ten-Day Extension of Time to submit the Supplemental Rule 26(f) Planning Report. The Parties shall submit the Supplemental Rule 26(f) report by November 8, 2019. Signed by Judge Janet Bond Arterton on 10/30/19. (Gutierrez, A.) (Entered: 10/30/2019)

Set Deadlines/Hearings

Order on Motion for Extension of Time

Set Deadlines/Hearings: Rule 26 Meeting Report due by 11/8/2019 (Tooker, A.)

Supplemental REPORT of Rule 26(f) Planning Meeting. (Wishnie, Michael) (Entered: 11/08/2019)

Set Deadlines/Hearings

A telephonic status conference will be held on 12/19/19 at 11:00 a.m. before Judge Janet Bond Arterton. Defense counsel shall initiate the conference call to chambers: 203-773-2737. (Tooker, A.)

Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Status Conference held on 12/19/2019. Total Time: 1 hours(Court Reporter Melissa Cianciullo.) (Barry, Donna) (Entered: 01/07/2020)

Set Deadlines/Hearings

Oral Argument on cross motions for summary judgment will be held 6/16/2020 at 3:30 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton (Tooker, A.)

SCHEDULING ORDER: Discovery due by 3/31/2020 Dispositive Motions due by 3/31/2020 Signed by Judge Janet Bond Arterton on 12/30/19.(Tooker, A.) (Entered: 01/02/2020)

Defendant's ANSWER to 58 Amended Complaint, with Affirmative Defenses. by Edward Lamont, Jr, Dannel P. Malloy, Denise Merrill.(Skold, Michael) (Entered: 01/06/2020)

Status Conference

MOTION for Leave to Appear as Law Student Intern under the supervision of Attorney Michael J. Wishnie. by Justin Farmer, Germano Kimbro, Conley Monk, Jr, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Supplement Law Student Intern Appearance)(Wishnie, Michael) (Entered: 02/24/2020)

1 Supplement Law Student Intern Appearance

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ORDER granting 69 Motion to Appear Law Student Interns Wynne Graham, Katherine Hamilton and Austin Reagan (Tooker, Aimee) (Entered: 02/25/2020)

Order on Motion to Appear

MOTION for Leave to Appear under the supervision of Attorney Michael J. Wishnie. by Justin Farmer, Germano Kimbro, Conley Monk, Jr, Garry Monk, NAACP Connecticut State Conference, National Association for the Advancement of Colored People, Dione Zackery. (Attachments: # 1 Supplement Law Student Intern Appearance)(Wishnie, Michael) (Entered: 02/28/2020)

1 Supplement Law Student Intern Appearance

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ORDER granting 71 Motion to Appear Law Student Interns Maria Camila Bustos and Soren Schmidt. Signed by Judge Janet Bond Arterton on 3/3/20. (Tooker, Aimee) (Entered: 03/03/2020)